Blog Blog Copyright by en Thu, 01 Jun 2023 05:34:45 -0400 Is There a Time Limit on Prenuptial Agreements? In the realm of marriage and legal contracts, prenuptial agreements often raise a multitude of questions. Among these, one query commonly stands out: "Is there a time limit on prenuptial agreements?" This article aims to answer this question and offer a deeper understanding of the lifespan of a prenuptial agreement.

Prenuptial Agreements Defined

A prenuptial agreement, or "prenup", is a legal contract entered into by a couple before they get married or enter into a civil partnership. This agreement outlines how assets, debts, and other financial matters will be divided between them in the event of a divorce, separation, or death.

Is There a Time Limit on Prenuptial Agreements?

Generally, prenuptial agreements do not have a set "expiration date". Once signed and executed properly, a prenuptial agreement is intended to last throughout the marriage and only comes into play in the event of a divorce, separation, or the death of a spouse.

The “Sunset Clause”

While there is no inherent time limit on a prenup, couples can choose to include a “sunset clause” in their agreement. This provision sets a specific timeframe after which the agreement will no longer be valid. The duration can vary, depending on what the couple agrees upon. Some couples choose to have their prenuptial agreement become void after a certain number of years of marriage, or they may decide it becomes invalid upon the birth of a child.

Modifying a Prenuptial Agreement

While a prenuptial agreement is designed to be a binding contract, it's not set in stone. If both parties agree, they can modify or revoke the agreement after marriage, provided the changes are made in writing and signed by both parties. However, changes or revocations should ideally be made with legal advice to ensure they are legally sound and enforceable.

Validity of Prenuptial Agreements

While prenuptial agreements do not typically have a time limit, their enforceability can depend on several factors:

  • Full Disclosure: Both parties must fully disclose their assets and debts at the time of the agreement. Failure to do so can potentially invalidate the agreement.
  • No Duress: Both parties must willingly sign the agreement. If there's any evidence that a party was forced or coerced into signing the agreement, it could be invalidated.
  • Fairness: While prenuptial agreements do not have to be perfectly equal, they should not be egregiously unfair or one-sided. An agreement that severely disadvantages one party may be considered unconscionable and potentially unenforceable.
  • Legal Advice: Both parties should have independent legal counsel when creating the prenuptial agreement. This ensures each party fully understands the terms and potential implications of the agreement.


In conclusion, while there is no fixed time limit on prenuptial agreements, couples can customize their contracts to include an expiration date if they wish. However, it's crucial that both parties understand the implications and legalities surrounding these agreements.

If you're considering a prenuptial agreement, it's highly recommended to seek legal counsel from a family lawyer to ensure your rights and interests are fully protected. With thoughtful planning and open communication, a prenuptial agreement can serve as a tool to foster financial transparency and fairness in a marriage.

Uncategorized Editor Wed, 24 May 2023 23:01:43 -0400
How Civil Litigation Can Hold Individuals and Companies Accountable Civil litigation is the process of resolving a dispute through the court. When mediation cannot resolve a dispute, civil litigation is often used to seek compensation or redress for wrongdoing, as well as to impose legal sanctions on individuals or companies who have acted improperly.

The collapse of BHS, a British department store chain, in 2016 was a prime example of the power of civil litigation in holding individuals and companies accountable for their actions. BHS was sold by Sir Philip Green to Retail Acquisitions, a group of investors led by Dominic Chappell, for just £1, and a year later the company went into administration, leaving 11,000 employees without jobs and a pension fund deficit of £571 million.

Following a public outcry, the UK government launched an inquiry into the matter, which led to the publication of a damning report in 2017. The report accused Sir Philip Green of being "the unacceptable face of capitalism" and of having "plundered" BHS's assets. It also criticised Retail Acquisitions for being a group of "inexperienced and out of their depth individuals" who were "manifestly unsuitable" to run a major retailer.

The collapse of BHS led to an investigation by the Insolvency Service, which announced in 2019 that it would bring proceedings against Sir Philip Green and Dominic Chappell under section 6 of the Company Directors Disqualification Act 1986. This section allows the Service to seek disqualification orders against directors who are found to have been unfit to run a company. If the directors are disqualified, they may be banned from acting as directors of any company for up to 15 years.

The ongoing case against Sir Philip Green and Dominic Chappell highlights the role that civil litigation can play in holding individuals and companies accountable for their actions. Civil litigation is the process of resolving a dispute through the court when mediation cannot resolve a dispute. It is often used to seek compensation or redress for wrongdoing, as well as to impose legal sanctions on individuals or companies who have acted improperly.

The process of civil litigation can vary depending on the specific case, but it generally involves filing a claim with the court, serving notice to the other party, and attending court hearings to present evidence and arguments. The length of time it takes to complete a civil litigation case can also vary, but it often takes months or even years to reach a resolution. Similarly, the cost of civil litigation can vary widely depending on the complexity of the case and the amount of time and resources required.

If you are involved in a civil litigation matter, it is important to seek legal representation from experienced and knowledgeable civil litigation solicitors who can guide you through the process and help you achieve a just outcome. At Ashwood Solicitors, their expert Civil Litigation team is here to assist you in all manner of civil litigation matters, including alternative dispute resolution, breach of agreements, breach of contract, building disputes, clinical and medical negligence, consumer claims, employment disputes, landlord and tenant issues, neighbour disputes, personal injury, professional negligence, property infringement, and boundary disputes, as well as unpaid bills or invoices and property damage claims.

Winning a civil litigation case can result in the award of damages or other forms of relief, but if you lose your case, you may be required to pay the other party's legal fees and other costs. It is therefore important to carefully consider the potential risks and rewards of pursuing a civil litigation case before proceeding.

While it is possible to represent yourself in a civil litigation case, it is highly recommended to seek legal representation from an experienced solicitor who can provide guidance and support throughout the process. Finding the right solicitor for your civil litigation case is crucial to achieving a positive outcome. Look for a solicitor who has experience in the specific area of law related to your case, and who has a track record of success in similar cases. It is also important to choose a solicitor who you feel comfortable working with and who is responsive to your needs and concerns.

It is worth noting that civil litigation can also be used to seek non-monetary remedies, such as injunctions, which are court orders that require a party to stop or start doing a certain action. For example, in a dispute between two businesses, one party may seek an injunction to prevent the other party from using their trade secrets or confidential information. In some cases, an injunction may be the most effective way to protect a party's rights and interests.

In addition to seeking remedies through the court system, civil litigation can also be resolved through alternative dispute resolution methods such as mediation or arbitration. Mediation involves a neutral third party who helps the parties negotiate and reach a settlement, while arbitration involves a neutral third party who makes a binding decision in the case. Alternative dispute resolution methods can often be quicker and less expensive than going to court, and can allow parties to maintain a more amicable relationship.

Overall, civil litigation is an important tool for seeking justice and holding individuals and companies accountable for their actions. Whether you are a business owner seeking to enforce a contract, an employee seeking compensation for a workplace injury, or an individual seeking redress for a personal injury, civil litigation can provide a means to achieve a just outcome. However, it is important to carefully consider the potential risks and rewards of pursuing a case, and to seek legal representation from an experienced solicitor who can guide you through the process.

At Ashwood Solicitors, our expert Civil Litigation team has extensive experience in a wide range of civil litigation matters, and we are committed to helping our clients achieve the best possible outcomes in their cases. We provide personalised and strategic advice, and work closely with our clients to develop effective legal strategies that meet their needs and objectives. 

If you're facing a legal dispute with another party, whether it's a business or an individual, you may require expert legal representation to help you navigate the complex legal system. Ashwood Solicitors can provide valuable services in civil litigation to help you achieve a favourable outcome.

Ashwood Solicitors' team of solicitors in Manchester and their solicitors in Blackburn can provide tailored services across England & Wales to support you through your civil litigation case. Civil litigation cases can involve disputes over contracts, property, personal injury, professional negligence, and more.

By seeking the services of Ashwood Solicitors, you can receive guidance and support to understand your legal rights and options. Their team of solicitors can help you to navigate the legal process, gather evidence, negotiate with the other party or their solicitors, and represent you in court if necessary.

Ashwood Solicitors can provide the legal representation you need to achieve the best possible outcome for your civil litigation case. Contact them today to learn more about how they can support you through your legal dispute.

Uncategorized Editor Mon, 22 May 2023 23:07:47 -0400
Questions you should ask a personal injury attorney after an accident If you are thinking about hiring a personal injury attorney, it is important to make sure they’re qualified to handle your case by conducting an interview. You may be wondering what questions you should ask during a free or initial consultation with a personal injury attorney. Therefore, it is useful to have some fundamental questions at your disposal to aid in the decision-making process. Given below are some of the most important things to inquire about during your initial consultation with a personal injury attorney.

How familiar is the personal injury attorney handling such similar personal injury claims?

There are specialists among personal injury attorneys as well as those who handle cases across the board. It’s important to learn the personal injury attorney’s track record in cases similar to yours. This is significant because many insurance providers monitor how personal injury attorneys handle cases involving injured clients. You may have a higher chance of getting the best possible outcome if your personal injury attorney is prepared to proceed to arbitration or trial, as the insurance company will know that your personal injury attorney is prepared to go “all the way” if necessary. Inquire about the personal injury attorney’s actual caseload.

What shall be the personal injury attorney fee and how will you pay it?

You have the right to be informed about the pricing structure because you are a potential client. Do not be reluctant to inquire about the cost schedule. Personal injury attorneys frequently take lawsuits on a “no win, no fee” basis i.e., on a contingency fee basis. This means that the personal injury attorney’s fee is contingent upon monetary compensation being recovered on your behalf. This may occur through negotiation, arbitration, or a court’s ruling. The charge is often a percentage of the amount recouped.

You should ask your personal injury attorney what he or she means by “recovery.” For instance, in the event of an accident involving an insured vehicle registered in Oregon, you would be eligible to receive ‘Personal Injury Protection’ (“PIP”) compensation. You may rest assured that your medical expenditures will be covered, no matter who was at blame, thanks to this “no-fault” insurance policy. Inquire as to whether or if the personal injury attorney includes PIP benefits in the definition of “recovery.” This can have a significant impact on how well you come out of the case.

What are the costs covered under the personal injury attorney fee?

Most fee agreements cover case expenses in addition to the personal injury attorney’s fee. Legal fees cover the expenses incurred by the personal injury attorney in preparing your case for a settlement demand or trial. The cost of obtaining papers, such as medical records, bills, and police reports, is included in typical case expenses. The personal injury attorney may need to consult with a medical expert or private detective to gather evidence.

Some personal injury attorneys will advance the funds necessary to meet expenses as they arise, and then seek reimbursement after the case has concluded. You should inquire about the personal injury attorney’s fee structure. Find out what the personal injury attorney will charge you for as well.

Who will be in charge of your case?

Some personal injury attorneys delegate much of the casework to their staff of legal assistants and paralegals or to their younger associate personal injury attorneys. In and of itself, this is not a negative thing. Complexity abounds in these situations. Still, it’s important to know who you’ll be collaborating with on the case and who will be providing input on your next steps.

How well do you grasp the inner workings of an insurance firm?

Asking a personal injury attorney this is crucial because not everyone is aware of the tactics insurance companies use to deny claims. Here are some of the most frequent strategies an adjuster might employ:

One tactic an insurer may try to reduce the value of a claim is to place blame on the victim. This is a standard procedure in the event of a car accident claim. In the event of an automobile accident injury claim, the insurer may make the case that the victim had had the same or similar injuries from a previous incident. Although this strategy does not always succeed, there are times when it does. By demonstrating that the victim suffered a similar injury before the accident, the defendant may be able to argue that the victim’s injury was not caused by the accident but rather exacerbated by it. Insurers frequently utilize low settlement offers as a negotiating tool. They are aware that you are currently jobless and may be experiencing financial difficulties. They hope you’ll accept their ridiculously cheap offer so they can escape responsibility.

If you’ve been injured and are seeking financial compensation, it’s in your best interest to retain the services of a personal injury attorney with experience dealing with insurers. Few personal injury attorneys who specialize in personal injuries work first for insurers.

How much time will your case take to complete?

An honest personal injury attorney in Oregon will tell you a range or estimate of how long your injury claim could take. In the early stages of a claim, it can be challenging to provide an exact estimate of how long it will take to reach a resolution. Although a lot of variables exist, you should ask your personal injury attorney about how long you may expect to work with them on this case.

Uncategorized Editor Wed, 03 May 2023 23:09:27 -0400
The Role of Insurance Companies in Personal Injury Cases: What You Need to Know Personal injury claims can be quite complex, given the number of combinations. They vary depending on the type of injury, whether the injured party was found at fault, and whether the insured party was found to be negligent. Injuries resulting from another party's negligence can give rise to several different types of claims.

They involve compensation for losses, medical costs, lost wages, pain, and suffering. Hiring a lawyer to represent you in your personal injury claim is essential. Self-representation carries several risks, including losing your case, being overwhelmed by all the legal terminology, and losing money. This article will help you understand how an insurance company will approach your claim and inform you about your legal rights in a personal injury claim.

1. Insurance Policies that Cover Personal Injury Claims

Auto Insurance Injury Coverage

The policy covers any injuries to third parties, such as passengers in the vehicle, pedestrians, or other parties involved in an accident. The insurance company covers the other party's medical bills, lost wages, and damages. The injured party must prove that the driver's actions led to the injury to claim insurance benefits. The claimant is liable for a settlement if the driver is found negligent. Residents of Washington can contact a Port Washington personal injury lawyer to represent them in their personal injury claim.

Homeowner's Insurance

This policy covers injuries to third parties resulting from negligence on your property. The injured party files a claim against the property owner for any injuries from hazards on the property. The injured party must prove that the property owner knew about the hazard and should have taken steps to fix it. This policy also covers injuries caused by pets on the owner's property, like dog bites.

Medical Malpractice Insurance

Medical malpractice insurance is a requirement for a healthcare professional to practice in any state. Medical professionals and hospitals purchase these types of insurance policies. This policy covers personal injuries resulting from negligence while a patient receives treatment or undergoes a medical procedure. The insurance company is responsible for compensating the affected patient for any damages resulting from the negligent healthcare professional. Insurance companies have teams of lawyers to try and reduce the value of the settlement, so it is wise to have an attorney looking out for your interests.

Worker's Compensation Insurance

Worker's compensation insurance is a state-mandated coverage that must be purchased by all organizations designed to compensate employees for their injuries and lost wages. It only applies if the injury was sustained while performing the job they were hired for. The injured party files a claim against the employer for any losses. The insurance company is responsible for paying the injured party for their medical costs and lost wages. Employees should not accept employer payoffs since they lose their right to sue an employer if not fully compensated. Hiring a lawyer to represent you in your personal injury claim ensures you get the settlement you deserve.

2. Understanding the Insurance Company's Process

The insurance company is notified of any accidents and the resulting injuries. The claims adjuster deals with the claims, and the insurance company usually contacts the injured party within a few days of receipt of notification. The adjuster will request a medical report and other necessary documents, including police reports and business documentation, so that they can evaluate the claim. They also investigate the claimant's past personal injury claims and medical history.

The adjuster interviews the claimant and the insured party to gather information about the accident. They use this information and the documentation to determine whether the claim is valid. If accepted, they will make a settlement offer. Your attorney reviews the proposal to decide if it is a fair deal. If your lawyer disagrees with the proposal, they advise you to file a lawsuit to settle the claim in court.

The personal injury claims process can be a lengthy and complicated one. Having an attorney represent you in your personal injury claim is essential. An attorney can help ensure you get the fair settlement you deserve. The attorney guides you through the whole legal process until you receive full compensation from the insurance company.

Uncategorized Editor Tue, 18 Apr 2023 22:51:25 -0400
What to Do if You Are Injured in a Car Accident: A Step-by-Step Guide

If you've been injured in a car accident, the legal and insurance consequences can feel overwhelming. You may be at a loss for what to do next, spinning your wheels with paperwork and arguments about liability. But don't despair! With the right plan of action, you can minimize the stress and make sure your rights are protected. We're here with your step-by-step guide on what to do if you are injured in a car accident, to help you get the recovery you deserve.

You should seek medical attention immediately after any car accident, even if you feel like your injuries are minor. Additionally, it is important to contact the police and an attorney as soon as possible to document the circumstances of the accident and ensure your legal rights are protected.

Assessing Your Injuries and Waiting for Help

In the immediate aftermath of a car accident, physical safety should always be your first priority. If you or your passengers have been injured, first aid must be administered immediately if necessary. Next, assess the extent of any injuries. You should not move if there is a chance of spinal or neck injury; but if you can safely move, take an inventory of injuries on yourself and anyone in the car with you. Make sure to monitor for signs of shock such as lightheadedness, fast breathing, sweating, and dizziness.

If the situation is serious, do not hesitate to call 911 for help. Don’t try to make decisions about whether or not to call based on who is at fault; any life-threatening injuries outweigh potential liability issues. When preparing for emergency personnel to arrive, tell them exactly how you are feeling and what has happened. It is important to provide as much detail as possible about the accident so that appropriate treatment can be provided once they have arrived.

Make sure to stay calm and remain conscious if at all possible; it will be helpful when providing details to emergency personnel upon their arrival and while exchanging information with other drivers involved in the crash. Waiting safely until help arrives will also ensure that the scene is preserved in its original condition should it need to be inspected by authorities or insurers as part of vehicle damage assessment or investigation into liability or insurance coverage matters.

From assessing your injuries to waiting for help, it is vital to keep safety your foremost concern following an accident. Now that we have discussed what steps must be taken in response to immediate care and safety concerns after an injury-causing car crash, it's time to turn our attention towards contacting the relevant first responders, gathering valuable documents and dealing with insurance providers.

Must-Know Summary Points

In the immediate aftermath of a car accident, securing physical safety and administering first aid should always be your priority. If necessary, call 911 for help and stay conscious and provide as many details about the accident to emergency responders when they arrive. Make sure the scene is preserved and wait for help until arriving. Keep safety as your foremost concern throughout the process.

Contacting First Responders and Necessary Documents

If someone is injured in a car accident, they should contact first responders and begin to collect the necessary documents as soon as possible, before their memory of the incident begins to fade. While help is on the way and the injured person awaits assistance, they should take note of any documents that would help tell the story of what happened. This includes, but is not limited to police reports, photos of the scene of the accident, names of potential witnesses and license plate numbers for other vehicles involved.

When contacting first responders such as paramedics or police officers it is important to provide them with accurate information about yourself and your vehicle(s). Additionally, it's important to remain calm when speaking with them and answer all questions truthfully without making any assumptions, since this can be used against you later in court. In cases where speaking isn’t possible, due to injury or shock, try to remember to hold on to all records related to the accident including medical bills and witness statements. Such documentation can be extremely helpful when seeking out legal representation or other forms of compensation for damages sustained.

Although these two steps are vital for anyone who has been injured in a car accident, there are still more pieces of information that can be gathered from the scene. To properly document what occurred during an accident, a full detailed record must be taken which requires documenting specific details from the accident itself. How those details are recorded will be discussed further in the next section.

Recording the Accident Details

After first responders and emergency medical personnel arrive on the scene, it is important to begin recording as much information about the accident as possible. This includes taking a mental or written inventory of exactly what happened, who was involved, and the condition of any vehicles present. Additionally, take photographs or videos of any damage to both your own vehicle and any other involved vehicles in order to accurately document the state of each car after the accident. This is particularly important if making an insurance claim later.

When there are multiple passengers or drivers, having them provide their contact information is also recommended so that they can be contacted at a later date for additional testimony if necessary. These are all important pieces of evidence that will help make sure that you are provided with proper compensation in the event that someone else was at fault.

Ultimately, it is important to record as much information at the scene as possible if you are injured in a car accident — even minor details can ultimately add up to a significant impact when negotiating with insurance agencies later. With all relevant facts recorded, it will then be time to move on to gathering all necessary information for the insurance companies.

Gather Necessary Information for Insurance Companies

Once you have recorded the essential details of the accident and made sure everyone involved is safe and taken care of, the next step is to take additional information that may be instrumental when filing an insurance claim. As soon as possible, try to collect names, contact information and insurance details from all parties involved in the accident. Additionally, if there were any witnesses present, it can be helpful to also record their contact information for future reference. If a police report was filed at the scene, record its file number for easy tracking.

It is also advisable to retake photos or video of the accident scene at a later time especially if any objects were moved or text was wiped away after the initial pictures were taken. This can help verify what the scene looked like initially before certain parties tried to alter the evidence. Additionally, throughout this process keep a journal documenting all your communication with insurance providers, repair shops and medical facilities so no information gets lost in passing conversations or miscommunications.

Having accurate and precise records of the accident during this process will ease your interaction with insurance companies, making sure you get a fair settlement and remain stress free while properly dealing with the current situation. Gather necessary information now and make sure it is correctly stored away while focusing on getting transport to the hospital if necessary.

Uncategorized Editor Tue, 11 Apr 2023 08:30:06 -0400
5 Things To Know About Commutations in CT If you are currently incarcerated and feel there is not much hope for your future, you may consider applying for a commutation of your prison sentence. Not sure what a commutation is or how to get started? Here are five things you need to know about commutations in Connecticut.

What Is a Commutation?

Simply put, a commutation is a reduction in a prison sentence. For example, a 50-year sentence may be reduced significantly, even to time served (depending upon the amount of time served). However, it does not reverse the conviction or exonerate you from the crime, and you will still have a criminal record.

The sole benefit is that your time of incarceration will be shortened. If you are not currently incarcerated, you are not eligible to apply for a commutation.

How To Apply for a Commutation

A commutation can only be granted by the Board of Pardons and Paroles. There are some states that give the Governor the authority to commute a sentence, but according to Connecticut law, the power to grant commutations is vested solely in the Board of Pardons and Paroles.

You must apply using the form on the Board of Pardons and Paroles website. The form requires you to provide the following:

  • Every name you have ever used, the dates you used the alias, and why you used it.
  • Whether you are a natural-born or naturalized citizen, and if not, what is your nationality and what is your alien registration number?
  • Details of your conviction or convictions resulting in the prison sentence for which you are asking for a commutation. You must also include the results of any appeals or other requests for sentence modification.
  • The names of any victims, whether you are under any standing protective orders or required to register as a sex offender.
  • Names of co-defendants, if any.
  • Whether fines or restitution was ordered and, if ordered but not paid, an explanation of why they have not been paid.
  • A police report of the crime to accompany your application is mandatory. If one is unavailable, you must submit a letter from the police department confirming there is no available police report.
  • An account of the crime in your own words and what your involvement was.
  • Reasons you believe you deserve a commutation. You must provide supporting documentation, including how you will benefit from a commutation and how you believe society will benefit.

You must include all documentation, supporting evidence, and letters of support if available. Before submitting your application, review the Commutation Application Document Checklist to ensure you have included every requested document. Once you have submitted your application, you cannot submit any other information.

If you are granted a hearing, you may present additional evidence for the hearing.

What if My Application for a Commutation Is Denied?

If your application for a commutation is denied, you can reapply again in three years. As with most rules, there is one exception.

If new information comes to light that supports your case that was not available to you when you originally applied, you can apply before the three years expire. This can’t be information you forgot to submit with your application but demonstrably new evidence.

Are There Situations Where an Application Is Not Even Considered or Allowed?

You are ineligible to apply for a commutation if any of the following apply to your prison sentence:

  • You are serving a life sentence without the possibility of release.
  • You have any pending charges, warrants, or outstanding fines or fees.
  • You will be parole eligible within two years.
  • You have been denied a commutation within the past 3 years.
  • You have had a Nolle within the last 13 months. A Nolle is when the prosecutor declines to prosecute but leaves open the possibility of prosecuting within 13 months. If 13 months have passed with no prosecution, the Nolle acts as a dismissal of the criminal charges.

Can the Ineligibility Requirements Ever Be Waived?

If you are serving a life sentence without the possibility of release, there is no way for you to obtain a waiver and ever obtain a commutation hearing.

For all other reasons that make you ineligible, the requirement may be waived if you can show the Board why the requirements should be waived and describe why your circumstances are extraordinary.

The First Step? Hire an Experienced Commutations Attorney

Obtaining a commutation in Connecticut is not easy. In November 2021, the Board granted its first commutation since 2019, before the pandemic. In January 2022, 11 more commutations were granted. (All individuals committed the crime of conviction prior to the age of 25.) A number of commutations have since been granted and applications have greatly increased.

When you consider approximately 10,000 people are currently incarcerated in the state, the chances of a successful commutation application are slim, but those odds are substantially increased if you have the help of an attorney who is experienced in commutations.

Uncategorized Editor Tue, 07 Mar 2023 21:26:25 -0500
Can You Seek Disability Benefits For Mental Health Problems? Mental health problems are common, affecting millions in the United States annually. These conditions can be just as debilitating as physical illnesses, but seeking disability benefits for mental health problems can be complex and challenging. Get in touch with Pekas Smith: Arizona Disability Attorneys to explore whether or not you can seek disability benefits for mental health problems in the USA.


First, it is crucial to understand what is meant by "disability benefits." In the United States, disability benefits are typically provided through the Social Security Disability Insurance (SSDI) program, administered by the Social Security Administration (SSA). To be eligible for SSDI, a person must demonstrate that they have a medical condition that is severe enough to prevent them from working for at least a year and that they have paid into the Social Security system through payroll taxes.

So, can mental health problems qualify as a disability under the SSDI program? The answer is yes, but it is essential to understand that the process can be more complex than it is for physical conditions. This is because mental health problems can be challenging to diagnose and quantify, and there can be a great deal of subjectivity involved in determining the severity of the condition.


To qualify for SSDI based on a mental health condition, a person must meet the criteria outlined in the SSA's "Blue Book" of medical conditions. The Blue Book includes specific diagnostic criteria for various mental health conditions, including anxiety disorders, bipolar disorder, depression, and schizophrenia.

To qualify for disability benefits based on a mental health condition, a person must demonstrate that they meet the diagnostic criteria for one of these conditions and that the condition is severe enough to prevent them from working for at least a year. This may involve submitting extensive medical records and other documentation to the SSA and undergoing a disability determination process that can take several months or even years.

In addition to meeting the diagnostic criteria outlined in the Blue Book, a person seeking disability benefits for a mental health condition must also demonstrate that the condition significantly impacts their ability to work. This may involve providing evidence of functional limitations, such as difficulty concentrating, managing stress, or interacting with others. It may also show that the person has tried and failed to work in other jobs or industries due to their mental health condition.


It is important to note that seeking disability benefits for mental health problems can be a complex and challenging process and that the SSA often denies initial applications for disability benefits based on mental health conditions. However, it is possible to appeal a denial and continue to pursue disability benefits through the appeals process.

Uncategorized Editor Tue, 07 Mar 2023 06:04:30 -0500
3 Situations Where You May Need to Hire a Lawyer The modern world of 2023 is characterized by complexity and uncertainty. Currently, many developed countries are facing extremely high levels of inflation, combined with an emerging cost of living crisis that is hitting both consumers and businesses hard. This complexity and uncertainty are not simply confined to the world of finance and commerce. It can be present in many peoples’ lives during important stages in adulthood. Millions of people find that, during key points in their lives, they are subject to a range of circumstances that require them to seek legal advice and hire a lawyer. Often, these circumstances can be complex or distressing, but by taking legal advice, they can often be resolved to the person’s satisfaction. In this article, three specific circumstances will be explored that may require a person to hire legal assistance.

After a Car Accident

Sadly, car accidents are a common occurrence in most countries, and it can be extremely frightening and distressing to be involved in one. Globally, it is estimated that 1.3 million people die each year as a direct result of serious road traffic accidents. When a serious car crash occurs that results in injuries being sustained by the vehicle occupants, it is often necessary for a full police investigation to take place. This is especially true if the accident has resulted in life-changing injuries or fatalities. If you are involved in a road traffic accident that has resulted in serious injury or death, you may be required to appear in court to give evidence. If any implication is given that the crash may be directly caused by your actions behind the wheel, it is imperative to seek legal advice. Put simply, convictions that relate to death caused by dangerous driving or operating a vehicle without due care and attention commonly result in custodial sentences being imposed on the defendant, if they are found to be guilty. Because of this, it is vital to seek legal representation so that a highly skilled legal team can present your defence in court and use evidence to argue for your innocence.

During a Divorce

America has the unfortunate statistic of having the sixth highest divorce rate in the world, and it is estimated that between 40-50% of all married couples in the country will eventually end their relationship via divorce. Statistics indicate that younger couples are more likely to divorce than older couples if they were married in recent decades compared to those who were married in the 1950s or 1960s. Divorce can occur for a wide range of reasons, but one of the most common grounds for divorce is infidelity on the part of either or both spouses. Regardless of the reason for divorce, it is recognized that many marriages end with animosity and can lead to divorce and settlements being contested. If you are about to go through a divorce and realize that your ex-partner will not be agreeable to the intended terms of the settlement, it is important to get the help of a lawyer. Many legal firms have lawyers who specialise in divorce or family law, and their expertise can be invaluable in reaching a suitable settlement.

When Subject to Excessive Force

As a final example, it should be noted that there are situations where legal assistance is required by individuals to take action against the police force. These situations tend to be rare but can include circumstances when a private citizen believes that they have been subjected to excessive force when detained by the police. If the actions of the police have caused you to suffer injury, and this is believed to have occurred without justification, then it may be suitable to file an excessive force lawsuit against the police. It is important to know your rights in this type of situation, and by speaking to a dedicated legal team that has experience in this field of law, you will be able to understand if there is a suitable case to pursue through the legal system.

Uncategorized Editor Mon, 06 Mar 2023 21:42:10 -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. 

Uncategorized Editor Tue, 28 Feb 2023 21:53:05 -0500
6 Disciplinary Actions That Require Medical License Defense Attorney For a physician, one of the worst things that can happen is losing the privilege of practicing their craft. For most working in the healthcare field, extreme disciplinary action that results in the loss of a medical license is not very common, but it still happens on occasion. When a doctor is facing such disciplinary action, it is important that they hire a skilled attorney to help with their defense. Here are some of the most common stations that may result in a physician needing to hire a medical license defense attorney.

What is a License Defense Lawyer?

Photo by Sora Shimazaki:

A professional medical license defense attorney is one who specializes in defending medical professionals' right to work. They represent physicians and other healthcare professionals when agencies such as the Oklahoma medical license board initiates any disciplinary action. There is a wide range of actions for which a medical license defense attorney may be needed, which we will explore below.

Positive Drug Test

Hospitals and clinics routinely test their employees for drugs. If a physician test positive for illicit substances, it can lead to the medical board receiving a negative report. This also holds true for those in the healthcare field who have tested positive for prescription drugs but are suspected of abusing them. Most positive drug test results in an instant suspension, but a lawyer can defend against this suspension and help to protect their medical license.

Impairment Issues

Any physician who is struggling with impairment issues may face disciplinary action. Often these professionals are given referrals to impairment programs, which of course is mandatory. This often results in monitoring and other agreements going forward. An attorney will be able to work on the physician’s behalf to negotiate the terms of these agreements.

Challenges in Getting a Medical License

In some cases, a physician may face difficulties in obtaining a medical license. This may be due to issues with paperwork, state restrictions, or any number of technical problems. They are also able to defend physicians who previously had license-related disciplinary issues. A medical license defense attorney will be able to work on the doctor's behalf when they apply for a license.

Medical License Restoration

Photo by RODNAE Productions:

A physician or other healthcare professional who has already had their medical license suspended, but now wishes to have it restored will need an attorney. There are some cases in which restoration is not possible, but healthcare professionals that have completed the terms of their suspension can hire a lawyer to have their medical license restored. For example, if a medical license was suspended due to a medical malpractice claim that was later proven untrue, a lawyer can seek to have it restored. 

Allegations of Drug Diversion

Anytime a physician is accused of diverting medications from a medical facility, they will need to hire an attorney. This also includes claims of failure to dispose of certain substances correctly, theft of narcotics, or Pyxis system mistakes. Hiring a lawyer can prevent the revocation of a medical license or criminal charges in many cases.


Not all problems physicians originate in the workplace. If a physician is charged with a DUI, their license to practice medico may be suspended or revoked. Hiring an attorney can help prevent these worse-case scenarios depending on the particulars of the case. The same attorney will also be able to help defend against criminal charges resulting from the DUI.

Protecting The Rights and Medical Licenses of Physicians

Physicians go into healthcare with the intention of helping people. It is important to remember that physicians are held to a higher standard, but they are people who may make mistakes along the way. Hiring a medical license defense attorney is the best way to help a physician whose license was or may be suspended or revoked.

Uncategorized Editor Wed, 22 Feb 2023 02:51:32 -0500
Finding the right wage & hour attorney: Points to consider Wage disputes are far too common to ignore. Employees often work for extensively long hours but do not get paid for their overtime. Others are dealing with deductions that go beyond payroll and taxes. Also, there are cases where employers make arrangements with employees on the side to make them work, often because the latter is desperate to find employment. If you are dealing with a situation where you are not being right for the work you do, you should contact an attorney and discuss your case. Here are some pointers to consider for hiring wage & hour lawyers

  1. Search for the experience. Employment law is complex and often hard to understand. If you know people who have worked with lawyers in the past for such wage-related issues, consider asking for references. You can also rely on Google for local listings in your city and state. Make sure that you hire an attorney who has credible experience handling such disputes.
  2. Check their clientele and work profile. If a wage & hour attorney claims to be among the best in business, they must have a profile worth checking. Check the biggest cases they have handled so far, the landmark wins to their credit, and ask for references. You need to check their clientele to know the range of work they have done so far.
  3. Schedule an interview. Most firms will be more than happy to offer no-risk consultations, and you don’t usually have to pay the lawyer for the first meeting. This could be a good window to know what the case is all about and get an overview of the legal options you can consider. As a client, you can also know your lawyer better, judge their experience through their work, and discuss the strategy in detail.
  4. Check if there is a conflict of interest. Employment lawyers often have to work with employers and employees alike. Ensure that you don’t hire someone who has a conflict of interest. For instance, if the firm is representing your employer in another case, they may not be as transparent and objective in your case.
  5. Discuss the fee. An employment lawyer should work on a contingency fee, but there are exceptions. Also, there are limitations to what a lawyer can recover from you. If you win, the lawyer takes a share of the compensation that they recover for you.

While, for some cases, an hourly rate is a norm, it is best to discuss it in advance.

Uncategorized Editor Sat, 04 Feb 2023 22:29:50 -0500
Hiring a Civil Lawyer in Melbourne If you have been involved with a civil dispute in Melbourne, it is important to rely on a skilled civil attorney. They can help you with by alternative dispute resolution.

Hiring a Civil Lawyer in Melbourne can be a complicated process, but it’s essential that you get the right person to provide you with the right advice. Follow these tips to find the best lawyer for your case.

The civil attorney, or litigator, deals with non-criminal legal disputes. It usually involves disputes from parties or legal entities seeking a form of compensation for damages suffered from another party. Such as a claim against a personal services company such as an electrician, plumber or a Melbourne removalists etc. Civil disputes are more commonly regarding civil disputes about people, property and in many cases family relationships.

Civil attorneys must be able to communicate and resolve conflict and their extensive knowledge and use of procedural law to help clients.

Civil attorneys focus is to deal with disputes arising from wrongs committed by individuals within the community.

Civil law covers a wide range of legal practice areas including:

  • Property law
  • Family law
  • Employment law
  • Corporate law
  • Personal injury law

Most civil attorneys specialize in one of the above areas, however there are civil attorneys’ that can specialize in multiple.

What does a civil lawyer help with?

A civil lawyer represents private individuals, government entities and private businesses in disputes.

Your civil attorney will provide advice and legal strategies. They can represent you in many proceedings such as pretrial hearings and depositions, arbitration, mediation if it is needed.

Civil attorneys can handle provide advice on complex areas such as tax law and real estate transactions, immigration law or even draft up a will.

Why you need a civil attorney?

A lawyer may be a good idea if you are considering a civil case lawsuit. A civil lawyer will evaluate the strength of your case, and provide your best legal options to take.

The majority of lawsuits never make it to trial and often gets resolved before going to trial through negotiations and mediation. One of the things a civil lawyer will determine at an early stage is whether settling the case or going to trial is best. E.g. A dispute arising between damaged fridge caused by the interstate removalist company you hired will more commonly be resolved through early-stage negotiations as opposed to a case of a family inheritance left between 10 family members without a will drafted up.

A civil lawyer may also be a good idea if you are being sued by another party. Lawyers are experts in all aspects of legal procedure and can provide valuable advice to help you avoid costly mistakes. When a lawsuit is filed against you, there can be a lot at stake. A civil lawyer acts as a safety blanket throughout the process.

What can it cost?

What is the cost of a civil lawyer in Melbourne? To determine the exact costing, no 2 cases are ever the same. But a civil lawyer will take into account, type of area, case difficulty, experience of the attorney, geographical location.

Civil attorneys also work with varying fees:

  • Hourly rate: The average rate can be as low as $100/hour, and up to $300/hour. Higher fees can be charged by specialized attorneys and dependent on level of experience.
  • Flat Fee: This is common in simpler or more well-defined cases such as bankruptcy filings, wills or divorces.
  • Retainer Clients pay the attorney in advance to a trust account. The hourly rate is used to determine how much the attorney will take from clients as they perform their services.

A civil suit attorney can help you have a better chance of success in various legal proceedings. They will be there to help you through the process, whether it is settling privately or going to trial.

Civil suit attorneys fight for your best interests. An experienced attorney will not only provide the best legal services but will also be compassionate and try to make their clients feel at ease at their most distressing time.

Uncategorized Editor Wed, 01 Feb 2023 02:05:49 -0500
The Importance of Evidence in Your Divorce Getting a divorce can sometimes be one of the most stressful events in your life. Even if you are the spouse that wants the split more than anything, it is rare that the proceeding is going to go by smoothly. Sure, there are instances where a couple of people will get married due to some Hollywood drunken rampage on the Law Vegas strip and cannot get an annulment due to the state statutes, but that happens less than you would think.

Most often, divorces involve a great deal of hurt feelings and conflict. It’s a sad fact that love can turn into hate and bitterness but still keep the same amount of passion. In these situations, it falls upon a good divorce lawyer to try to negotiate a reasonable and fair settlement, even though both spouses are just trying to hurt each other in any way possible.

One of the most important jobs that your lawyer will have to do in your divorce is to gather and submit all the evidence surrounding your divorce. Failing to do so can result in a final ruling or settlement that does not represent the actual financial or custodial situation. This means that you could end up paying more in child support and/or alimony that you should.

Financial Declarations

In Nevada, whenever you file either the contested or uncontested divorce paperwork, Nevada divorce law requires that each party file a financial declaration. These documents detail the exact nature of both spouse’s financial situation.

You will have to declare how much income you have per month, as well as attach pay stubs or other forms of proof of income. You will have to declare not only your wages, but any other forms of income such as social security payments, income from rental properties, child support from other relationships and any other type of income you are getting.

The financial declaration will also have to detail all of the bills that you pay each month like rent or mortgage, telephone bills, child support from other relationships, utilities and more. While you have to attach proof of income, you are not required to attach any bills to show your monthly payments going out; however, the financial declaration is declared under the penalty of perjury so you must be 100% accurate.

Finally, you will have to detail all of the assets and debts that you have. These can be things like property and vehicles that you own, as well as things like credit card or student loan debt.

The Nevada Divorce Discovery Phase

Generally after the first hearing in front of the judge, your divorce lawyer will begin gathering all of the physical evidence that is the subject of the divorce. While this process is in action, the evidence will be indexed and sent to the other party.

This evidence is crucial to your case because it supports the claims that were filed with the Complaint for Divorce. Most often, a large portion of the evidence that is exchanged during discovery is financial related, things like bills and credit card statements will be printed out, indexed and sent to the other party. Depending in the assets and debts that are a part of the marriage, this can tend to be a very labor intensive process. 

If there are custody issues of minor children involved in your divorce, your divorce attorney will compile all physical documentation that supports your claim to custody. If you are seeking primary (full) physical custody of the child or children, you will have to prove to the judge that the other parent is unfit. The preference in Nevada is joint custody, so you will have to provide evidence like police reports for domestic violence, child abuse or neglect, drug or alcohol abuse and more to support your primary custody claim.


The production of evidence during discovery in your divorce is one of the most important things that your divorce lawyer will do outside of a trail. The weakness or strength of your evidence will greatly influence your negotiating power when it comes to a settlement. If your attorney does a bad job finding all of the important evidence, then you may not be able to get a fair and equitable settlement.

In the rare instance of a divorce trial, if the evidence that has been submitted to the court is incomplete, you will run the risk of losing at trial. This means that you could lose everything that you have filed for in the complaint. On the other hand, if the evidence that has been submitted is strong, you can win at trial.

Uncategorized Editor Tue, 24 Jan 2023 01:18:36 -0500
Three Errors People Make When Trying to Get Disability Benefits 1. You may not be totally disabled

According to Jon Sipes, El Paso social security disability lawyer, your mental or physical condition may prevent you from your current or former job, however it may not be preventing you from getting a different type of job. Additionally, while you may have a severely painful medical situation that indeeds causes you limitations in life, the SSA will investigate whether or not your condition is treatable. Your painful impairment must prevent you from doing the kind of work you used to do, and also must prevent you from having the ability to carry out a brand new kind of job. Even for those who can’t do the work you used to do, if there's a much less demanding or strenuous job the SSA believes you are able to do, then most likely they will say you aren't disabled and deny your claim. SSD benefits. It is also important to be aware that SSI benefits are not awarded simply because employment cannot be secured for whatever reason. The Social Security disability program is designed to assist those that are mentally or bodily unable to keep up employment on a regular basis. For instance, the ALJ is not interested in how unhealthy the economy may be at the time of your application. Asserting during your interview that you would or could work if somebody would hire you is a giant mistake. SSD benefits are usually not for unemployed claimants. And if the judge finds that you're able to holding down a job, they may almost certainly deny your SSDI application.

2. You may not have treated your condition medically

If you have not seen a physician to treat your condition then your claim for disability benefits will be denied. Additionally, if you have failed to follow your doctors orders, which then also is used to document your disability, this will leave your SSD claim application unsubstantiated and without the necessary credentials. You want your doctors, surgeons, and/or therapists to be on your side and willing to assist with the necessary paperwork. In the scenario that your doctor doesn’t agree with your personal evaluation of your impairment, his or her medical opinion might harm your claim. Take the time you need to get the right people in your corner assisting you. You need time to participate in treatment plans in order to firmly establish medically that your impairment is a genuine hinderance now and going forward. Another issue to avoid is then failing to observe your physician’s orders, such as taking the prescribed medication or performing the proper exercises and following necessary dietary or movement restrictions. The Social Safety Administration will view the failure to observe a doctor's treatment remedy as grounds for an immediate denial. If a claimant fails to be making efforts to heal in an effort to return to work, the application can be seen as fraudulent.

3. Failing to seek the advice of a qualified disability lawyer

SSDI claimants that apply along with having skilled legal representation on their side are way more prone to be awarded benefits than those attempting to do so on their very own. An experienced Social Security attorney can guide and assist a claimant every step of the way from start to finish. They will answer questions and give you reassurance. Additionally, they do not get paid if you do not get awarded benefits. The overwhelming majority of El Paso Texas Social Security Disability Lawyer requests that are found to be in denial are those submitted without qualified legal representation. If you want a smooth and easy process of for your SSI claims acceptance, then use a board-certified SSDI attorney like Jon Sipes. Contact the disability attorney, Jon Sipes, today. He can help you get the advantages you deserve and consultations are always complimentary.

Uncategorized Editor Sat, 21 Jan 2023 01:35:21 -0500
What is the Difference Between Workers' Comp and Disability Insurance? The policies may be similar, but workers' compensation protects the company and the employees from the costs of job-related injuries and illnesses. In contrast, disability insurance covers an employee for medical conditions outside the workplace. Consulting dedicated and experienced Workers' Compensation lawyers can help you determine which option is right for you and the corresponding benefits. 

What are workers' comp and disability insurance? 

Workers' compensation and disability insurance provide financial assistance to sick or injured employees who cannot work.

Workers' compensation insurance is required in most states for businesses with employees. It covers medical expenditures if an employee is injured or sick at work. It can also help compensate employees for missed pay if they cannot work for an extended period.

Disability insurance compensates a person's lost income if they become disabled and cannot work due to an injury or sickness that occurs outside of employment. While this coverage is not normally needed, certain states have state disability programs that mandate it for all qualifying employees. 

The main distinction is that workers' compensation only covers workplace injuries, accidents, and illnesses, whereas disability insurance can cover non-work-related situations. 

Is disability insurance a form of health insurance? 

Disability insurance is frequently mistaken for health insurance that covers disabilities; however, it is a sort of income insurance that provides financial support when a person is unable to work due to an injury or medical condition.

Income support can range from 50% to 70% of a person's lost income and can be used by the recipient however they see fit. However, it is most commonly used to cover living costs and medical bills. 

The two forms of disability insurance are: 

  • Short term disability 

Short-term disability pays out compensation for three to six months. Many employers provide this coverage as a component of a group insurance plan, with premiums paid by either the employer or the employees. 

  • Long term disability 

Long-term disability provides disability compensation for several years and is intended for longer-term or sometimes even permanent disabilities. Individuals normally acquire this from an insurance carrier, while some businesses offer it as optional coverage paid for by payroll deductions. 

Talk to an attorney today. 

While there are key differences between workers' comp insurance and disability insurance, sometimes it can be difficult to figure out which one is required for your case. An experienced workers' comp attorney can help you with this and provide legal guidance and answers to any questions you may have. 

Uncategorized Editor Wed, 18 Jan 2023 08:03:05 -0500
The Risks of Do-It-Yourself Estate Planning If you’ve finally gotten around to the task of estate planning but reject the idea that you need a skilled estate planning attorney to carry out the necessary steps, you might want to take a few minutes to read this blog and reconsider.

Using estate planning forms from the internet may sound appealingly quick, cheap, and easy, but remind yourself of other processes touted with these adjectives. Take, for example, prefabricated homes and “easy-to-assemble” furniture, not to mention self-stick wallpaper. Remind yourself of the results of “quick and easy” do-it-yourself (DIY) projects, and how long they actually last. Still need convincing?

Working on an estate plan without using an estate planning attorney is likely to be similar to rewiring without an electrician, fixing a leak without a plumber, or stitching up a wound without a surgeon. 

Why Do-It-Yourself Projects Often Fail

Problems are built right into DIY projects unless you intend to take the time to study the project’s subject in depth. Even then, unless you actually become a professional, there will be dangerous gaps in your knowledge. If you’ve ever had to call in an expert to repair your do-it-yourself mistakes, you know that doing so is not nearly as efficient or cost-effective as calling a professional in the first place.

Mistakes made in carrying out DIY projects are often discovered too late. It’s one thing to end up with a cabinet with drawers that don’t slide; it’s another to finish an estate plan that will complicate life for your loved ones after you die.

Reasons Do-It-Yourself Estate Planning Is Risky

  1. Lack of knowledge about variations in state laws regarding inheritance, property ownership, and taxation can lead you astray, keep you from understanding nuances, interpreting legal wording accurately, and understanding all of your options.
  1. Lack of experience puts you at a disadvantage when unexpected challenges, such as family disputes, arise. Being close to such situations, it is difficult to be objective and even more difficult to be diplomatic. As with other legal areas, typical events are much more easily taken care of than unusual circumstances. The latter requires more extensive training and the ability to do legal research to find precedents.
  1. Not using the right tools to accomplish your goals can keep you from reaching them. A skilled estate planning attorney will know, for example, the intricacies of various types of trusts to best:
    • Avoid probate
    • Avoid unnecessary taxation
    • Prepare for long-term care funded by Medicaid
    • Protect the eligibility of your special needs child for government benefits
    • Protect your assets from creditors, ex-spouses, and lawsuit settlements.
  1. Failing to follow the rules can make documents invalid. If you are unaware that a witness of your will cannot be an “interested party,” such as a beneficiary, or that the person you name as executor of your estate cannot have a felony in their background, either document can be deemed unacceptable by the court, resulting in all sorts of problems at the time of your death.
  1. Artificial intelligence often can’t solve human problems. Working with templates from the internet is very different from working with an estate planning attorney with a flexible mind and well-honed communication skills. The latter can deal with exceptions and seeming contradictions, can explain complex concepts, and answer uncommon questions in detail.

The Advantages of Having an Estate Planning Attorney

Theoretically, the average person can create a simple, straightforward estate plan without professional assistance. But are you “average”? In the vast majority of cases, something sets you and your family apart from the stereotypical American individual or family. If it doesn’t now, it may very well as the years pass. Situations like the following (and many more) require the skill set of an accomplished estate planning lawyer:

  • Marriage involving a blended family
  • High-net-worth estates
  • Special needs family members
  • Family members with addiction issues
  • Alienated family members
  • Family businesses
  • Owning out-of-state properties
  • Valuable collections (of autos, artwork, jewelry)
  • Elderly relatives who may require prolonged nursing care
  • Pre- or post-nuptial agreements
  • Family members who are untrustworthy with money

Since the whole idea of estate planning is to protect your assets, prepare for retirement, and make your family as secure as possible, it doesn’t make sense to work without a net. Instead of doing it yourself, do the research to find a well-respected estate planning attorney before you begin. 

Uncategorized Editor Mon, 09 Jan 2023 22:54:05 -0500
How To Claim Car Accident Insurance In Sacramento If one has experience driving in Sacramento, one will know that every car rider should carry car insurance. But the process involved in the claim of a car accident insurance might skip the knowledge of many. Even if one is equipped with enough knowledge regarding this, many insurance companies initially tend to offer a low amount of compensation. Therefore it is always recommended to consult a Sacramento car accident lawyer who can explain all the procedures well and also assist in negotiating with the insurance company to secure a fair amount of compensation considering the severity of the accident injuries.

Process Involved In Claiming Car Accident Insurance

Contact An Attorney

The first step after meeting a car accident is to seek help from an attorney and provide every detail about the case. Moreover, while suffering from an injury, one might be unable to focus on the case proceedings. 

Receiving assistance from an injury attorney who would help to file a traffic accident report form, assess the percentage of fault, claim compensation based on the insurance limits, injury caused, and faults, collect necessary evidence and negotiate with the insurance company on the best settlements.

File An Insurance Claim

After consulting with an attorney, the next step is to file an insurance claim. The insurance company will get back within 15 days of submission of the notice concerning the claim, where they will ask the individual to create a statement along with all the relevant pieces of evidence, including the filled-up claim form, the medical reports, medical bills, proof for the claim of lost wages, pictures showing the accident scene, car damage reports from a mechanic or a repair shop and statement from eyewitnesses (if any). 

Negotiation And Settlement

After the insurance company has thoroughly investigated the case, a settlement offer will be made to the client. If the settlement goes fairly with all the damages caused, the process of giving consent to the settlement agreement comes. But in several cases, insurance companies tend to offer an initial offer that might be subject to negotiation by a skilled accident injury attorney for a better deal. While signing the final settlement, it is important to read the entire agreement thoroughly. 

Final Thoughts

The settlement is usually approved within 40 days after the case has been proven, which shows that one is entitled to compensation. If the claim has been denied, one can initiate a lawsuit with the help of an accident injury attorney in Los Angeles.

Uncategorized Editor Fri, 09 Dec 2022 23:12:57 -0500
What Are My Rights As A Passenger In A Car Accident? Most road users don’t know their rights, let alone know what to do once they are involved in a road accident. Car accidents result in a considerable number of injuries on our roads. The accidents cause severe injuries, and a great many of them are fatal. Victims often suffer economically, emotionally, and healthwise years after the accidents have occurred. This is why it’s important to contact the great team of PI attorneys at Flagler Personal Injury Group whenever you’re involved in a car crash. However, you might want to first call the police and report the case and then contact your insurance provider and file the incident with them.

The law demands drivers to stop if an accident happens and exchange vital information like addresses and insurance details with the other party involved in the accident. If the other party fails to comply, you should report the case, typically within 24hrs after the incident. This drill is well known by drivers. However, there is a curious case that involves passengers in a car accident. Many people don’t often know their rights when caught up in this situation. Are you involved in an accident in a passenger position? Here are vital things you need to know.

Get Treatment

Once an accident occurs, you should prioritize going for a medical checkup, even when you’re not injured. Certain injuries might start revealing after two or three days, which can jeopardize the strength of your case. Once you see a medical professional, have a follow-up to check your progress or report any emerging pain.

What Does The Law Demand After An Accident

According to the Road Traffic Act of 1988, the law dictates that if an injury or damage occurs to a third party by a car on the road, the parties must stop and exchange personal addresses and names, including those of the vehicle owners if the driver doesn’t own the vehicle. In addition to that, the driver must provide a valid certificate of insurance to the authorities. If one party fails to comply, the other should report the case to the nearest police as soon as possible.

As a passenger, you have a right to access this information, including the driver’s license information, vehicle registration numbers, and insurance information. If a driver cannot provide them, involve the police and let them deal with the situation. You can inquire with the police and find out when their report will be ready so you can have your copy.

Additionally, you have no obligation to discuss information regarding the accident with insurance adjusters. You have the right to decline their requests, as they are the representatives of at-fault drivers and hence do not have your best interest at heart. It’s your right to talk to your lawyer first before recording a statement. An attorney understands the legal options you have once you’re involved in a car accident. They’ll first review various facts encompassing the road accident and find an effective way of seeking compensation.

You Can File For A Personal Injury Claim

As a passenger, you can get compensation for the injuries resulting from the accident. You have multiple coverage options; you can demand insurance cover from each driver or use your coverage. Having multiple insurance options extends your coverage limit. For instance, if your injuries are severe and attract huge hospital bills, letting the drivers share their coverage with yours will effectively cater to the overall expenses.

The driver’s auto insurance might include medical payments, which will usually pay for the passengers’ medical expenses involved in the car accident. However, it only pays up to the specified limit of coverage irrespective of damage extent.

In most jurisdictions, an auto insurance policy often includes personal injury protection. This insurance covers medical expenses, lost wages, rehabilitation and pain up to a limit if an accident happens, regardless of who does the damage.

But what if the insurance company declines your injury claim? If you file for a personal injury, but the insurer refuses to comply, you can consider a lawsuit against the drivers, including their insurers, to get compensated.

Access To The Insurance Information

Both drivers are legally obligated to provide insurance documents if you get injured in an accident. These details need to be current and valid. Also, both parties and their insurance companies need to know you have suffered injuries. This is because most accidents occur, and victims get declared injury-free only to discover later that they have physical pain. Yet, no insurance details were exchanged due to wrongful assumptions.

The insurance details are sometimes given to someone who’s been declared as reasonable. For instance, you might get unconscious after an accident, making it impossible for you to exchange details. A member of the public might be compelled to get the insurance details from the driver, accompany you to the hospital, then present the details once you get to the hospital.

Claims Against Relatives

The driver of the vehicle you were driving in might be your spouse, family member, or a close relative. If that's the case, you have certain exceptions to consider. Since they're family members, you can restrain from pursuing further awards like personal injury lawsuits but only file for compensation.

When a friend or family has coverage, it's your right to demand compensation for lost wages, damages caused, or additional costs. Filing for compensation enables you to have coverage under their insurance policy. And it's a good option since you're using the insurance company and not the individual. Also, these financial burdens are often unexpected and strainful if paid out-of-pocket. Rather than making your family member or relative pay for the damages caused, you're subjecting the responsibility to their insurer. That also ensures you can get compensated and yet maintain your fruitful friendship.

Uncategorized Editor Wed, 23 Nov 2022 22:55:40 -0500
Skills You Need to Become an Immigration Lawyer If you're considering a career as an immigration lawyer, you'll want to make sure you have the right skills. These include legal knowledge, analytical skills, creativity, and comfort in a courtroom. These qualities will help you make the most of your work and help you succeed as an attorney. However, these skills may not be the only things you need to become an immigration lawyer.

Legal knowledge

As an immigration lawyer, you'll need to be able to read and analyze legal documents. Since immigration law is extremely complex, this is a very important skill. Not only will this help you make informed decisions about your client's case, but it will also help you ensure that the paperwork you submit for the application of a visa is accurate.

If you'd like to become an immigration attorney, you can take classes that specialize in immigration law. Some schools offer a concentration in this area, but it's not required. An internship or part-time job with an immigration law firm is another great option. This gives you an opportunity to work closely with the firm's clients and polish your legal knowledge. You can also participate in volunteer activities in the field to gain firsthand experience.


Immigration lawyers often use creativity to develop creative solutions to clients' problems. For example, they may suggest a temporary work visa that allows the client to enter a country while working there. Similarly, they will use analytical skills to research cases, evaluate evidence, and create effective strategies. Having strong analytical skills will help immigration lawyers devise new approaches to immigration cases and find creative solutions for their clients.

Analytical skills

Analytical skills are an important part of an immigration lawyer's job. They analyze facts, develop arguments, and write legal documents. They represent clients in immigration cases including family-based immigration, adjustment of status, naturalization, and citizenship. They can also manage special projects and advise staff. In some cases, they may also conduct peer reviews. They must be flexible and have good communication skills.

Immigration lawyers also research immigration laws and regulations. As the field of immigration law is constantly changing, they must continually update their knowledge to remain on top of current developments. To help their clients, they use their legal research skills to identify the best course of action. For example, they may need to research the requirements for visas in a given country and the recent interpretations of current immigration laws.

Comfort in courtrooms

Comfort in courtrooms is critical for immigration lawyers. As the Trump administration has made things even more confusing, attorneys need to know what to expect from a consultation or courtroom. Immigration lawyers often find themselves in a position of uncertainty as they try to anticipate new, innovative grounds for deportation and denials. In many cases, this uncertainty even makes the interview for a green card seem intimidating.

Comfort with communicating with people of different backgrounds

Being comfortable with communicating with people of different backgrounds is an essential skill. It can be difficult, but it is also very rewarding. It involves understanding and demonstrating respect for the beliefs and cultures of others. There are also unwritten rules when it comes to social hierarchy, such as men speaking more in mixed company and younger people being expected to let older people do most of the talking.

Uncategorized Editor Wed, 12 Oct 2022 09:47:51 -0400
What Is the Statute of Limitations for Medical Malpractice Claims in Pennsylvania? For every type of personal injury claim, there’s a time limit dictating how long you have to take legal action. These time limits are called statutes of limitations, and they vary by state and by the cause of injury.

If you’ve suffered a medical injury or didn’t receive proper medical care in the state of Pennsylvania, you can take legal action seeking compensation. This type of civil case is called a medical malpractice claim.

If you hope to gain money over negligent medical actions in Pennsylvania, you need to know how the laws set time limits and whether there's still time for you to initiate legal proceedings.

Reasons to Consider a Pennsylvania Medical Malpractice Claim

An individual can file a medical malpractice claim in Pennsylvania for several reasons. First, there’s straightforward injury, like a surgery that causes additional damage rather than resolving the initial health problem.

You can also pursue compensation for lack of action by medical providers. Examples of this include failure to provide care and failure to diagnose.

Birth injury is another common form of medical negligence that can lead to a medical malpractice claim. If medical care – or lack thereof – led to a patient’s death, immediate family members like a spouse, parent, or child can seek compensation through a wrongful death action.

Time Limits on Medical Malpractice in Pennsylvania

The state of Pennsylvania allows up to two years for initiating legal action over any type of medical malpractice claim. This statute of limitations applies to all types of medical malpractice cases, including a wrongful death claim for medical actions that resulted in death.

However, Pennsylvania law allows one significant exception to this time limit. In some cases, an individual doesn’t immediately discover the consequences of medical actions. A few examples include:

  • Birth injuries that later manifest as development delays
  • Misread imaging or test results that showed cancer
  • Surgery that caused infertility
  • Medical equipment left inside the body

The law protects individuals in cases like these, when the injury may not be discovered until years later. In these cases, the statute of limitations is extended to begin at the date of discovery rather than the date of the incident. Legally, this practice of extending a statute of limitations start date is called “tolling.”

The state of Pennsylvania allows tolling for up to seven years after the initial medical negligence occurred. In some cases, tolling is possible in the event of disability or if the medical injury happened to a minor.

Why Waiting to Take Legal Action over Pennsylvania Medical Malpractice Is a Mistake

If you think a bad medical experience leaves you with grounds for a medical malpractice claim, a medical malpractice attorney in Pennsylvania will advise you on how to proceed.

Achieving a successful outcome takes the assistance of an experienced medical malpractice attorney. Without informed legal representation, it’s unlikely you’ll gain the full compensation value you qualify for – if you gain any at all.

The statute of limitations in Pennsylvania allows up to two years for a medical malpractice claim and up to seven when circumstances permit tolling. However, that’s not much time in the legal world.

A medical malpractice attorney must do significant work to collect evidence, build a case, consult with experts and specialists, and exhaust insurance options before filing a legal action. Waiting puts your case at risk of running out of time before a lawyer has established the evidence you need to gain fair compensation.  

The thought of taking legal action gives many people pause, but hesitation can be a financially disastrous mistake. Medical malpractice attorneys see how much is lost when clients with a valid claim wait too long to come forward and speak with a lawyer.

It’s always better to be proactive, especially given the generous compensation available in a Pennsylvania medical malpractice case.

Uncategorized Editor Wed, 28 Sep 2022 23:30:12 -0400