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6 Important Points to Understand About Divorce

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Together
Any family lawyer will tell you that the emotional impact of divorce on individuals can vary wildly. It is fair to expect and prepare that there will be a level of emotions to deal with whether you are the plaintiff or defendant. Below are six points to contemplate when it comes to divorce.
Thinking

1 – Making the Decision to Divorce May Be Difficult

Emotions can end up all over the map when trying to decide whether to seek a divorce. There are usually complicated circumstances that will make any path taken painful or difficult. Trying to separate out emotions and make life-altering decisions are tough no matter who is involved.

Feeling

2 – It Is Normal to Feel Both Good and Bad

Most married individuals share a mixture of good and bad times. A wide range of experiences is one thing that helps bring about mixed feelings and emotions at having to separate or divorce. Feeling both good and bad about reaching the decision to seek divorce is normal.

Child
3 – Children Need Both Parents

No matter how disagreeable you and your spouse feel towards one another, there are responsibilities to share when children are involved. Children need to have the regular involvement of both parents. Try and make custody turnover periods as peaceful as possible. A divorce happens between two adults, but should not include children in the strife that may accompany the process.

Seperate

4 – Life Will Not Be the Same

One certain point about divorce is that things will change. Most couples live in separate residences after separation. Often friends tend to choose one side or the other. Loss of mutual friendships can be a painful fact to face. Changing jobs might be a necessity to increase income. Children will not always be around with shared custody. You should emotionally prepare for the inevitable changes that separation and divorce bring.

Family

5 – Both of You Control the Tempo of the Relationship

You have as much to do with how well the relationship goes after separation and divorce as your spouse. Begin trying to forge a peaceful alliance as soon as possible. Reducing stress will make it easier to move on after the divorce.

Fade
6 – Feelings of Resentment or Bitterness Will Fade

If your spouse is struggling with bitter and resentful emotions with the decision to divorce, understand that these feelings will fade at some point. Continue to handle things in a civil manner and time will take care of the rest.

Seeking divorce is sometimes the best option available to bring happiness back to life. Understanding and preparing for the range of emotions that will follow is the first step in complete healing. Matrimonial Home can assist you in bringing happiness back to your life.

4 Top reasons for denial of the disability benefits

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Disability law is an act that prohibits or is against discrimination towards individuals with disabilities in education, housing, employment and access to public services. Disabilities are as a result of physical or mental impairments that restrain one from performing major life activities. The latter may also be as a result of alcoholism, fibromyalgia disorder, and chronic pain.

Disability insurance is a cover for disabled individuals. It pays benefits to an individual together with the family that is if one has worked for a longer period and has the paid social security taxes. However, not all the employees are granted the opportunity to access disability benefits. Being denied a disability benefit may result in the hire of a disability lawyer who will help in appealing to the Social Security, Administration (SSA). Here are the 4 top reasons for denial of disability benefits.

1. Failure to follow treatment prescription

Failure to comply medication prescribed by the doctor may result in the denial of disability benefits by the social security administration. This is so because the administration is not guaranteed of the patient’s health status that is whether or not individuals’ health status prevents him or her from being able to work or if one is not willing to cooperate with the treatment.

2. Earning too much income

One is likely to be denied the benefits if they are working above the substantial gainful activity limit. This is as a result of one earning too much money to be considered as disabled. If one is capable of working and earning at least $ 1000 per month, then he or she might be denied benefits when applied for. The Social Security Administration only approves of disability claims for people with low income.

3. Failure to cooperate

Failure of one to follow what is expected of them their examiners especially in following the prescribed therapy may result in the rejection of disability benefits. Medical records play an important role in being given the benefits. The Social Security Administration fails to offer disability benefits to such individuals who lack cooperation especially with their doctors, and as a result, the disability claims may be deprived of benefits. If you visit the Disability Lawyer Toronto website, they may be able to provide you with more information.

4. Lack of work history

Work history plays a vital role in earning disability benefits. It provides the examiner with information on the individual with disabilities under their jurisdiction. It determines the number of disability benefits that will be insured to such people. The type of work history will enable the examiner to know whether or not one is legible to be provided with disability benefits. Lack of work history will, therefore, inhibit from being issued with the benefits.

8 Questions You Should Ask Before Signing an Employment Contract

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You just received a job offer, and can’t wait to sign the contract. First, understand essential aspects of the employment law in Canada. You also ought to consider consulting an employment lawyer and reading this article.

1. What is the job description?

The first thing is to understand your role within the organization. Usually, contracts include a section where they explain in details the role of the positions within the corporation. Read the description well, so that you can evaluate whether you can match up the task or not. Do not go for a job that you cannot perform well, as chances of being fired are high.

2. Do I have job security?

When you land a job, it is not obvious that it will be yours forever. You need to ask whether you are getting job security or not. Check whether you are a fixed-term or at-will employee. However simple it seems, it is important to know this to avoid wrongful termination.

3. What are my compensation and benefits?

Find out what your net salary is, and whether there are any bonuses or allowances. If there is a bonus, inquire whether it is guaranteed or discretionary. Inquire which criteria is used to determine whether you are liable for a bonus or not, and the amount you should receive. Ensure that all the types of compensation are explained in details.

4. What are the start and end dates?

You ought to have a beginning and due date for your employment contract. If not, that is only an offer letter. The dates are important though not sufficient. Read through the contract to understand grounds of termination. Some employers may include a clause that implies that the relationship remains at will. The provision means that an employee can be terminated any time for any reason that the employer deems right. To avoid unfair dismissal, ensure that you understand these aspects well.

5. Am I allowed to moonlight?

If you plan on having a side hustle, make sure the contract does not prevent you from doing so. in this tough economy, a side job is crucial especially when your pay is not enough to sustain your needs. Some employers do not like it when their employees keep side jobs because they feel like they might not perform well at the job they have been asked to do.

6. Is there a noncompete clause?

Look out for contracts that tie you to an employer in that you are not allowed to work for a competitor upon separation. Employees need to ensure that they are not unemployable in future. Although you may think of going to court in such an instance, the court might not look kindly into such cases. Make sure that the geographical restrictions and period restrictions are reasonable.

7. What are the stated reasons for termination?

As an employee, you want a just-cause dismissal. You ought to understand your work rights as an employee. If you do not understand your rights properly, talk to an employment lawyer for guidance. If workplace issues cause unfair dismissal, it is important to file this case in a court of law for fair trial.

8. Are my intellectual property right protected?

Your employer might claim the fruits of your creative efforts, even if the project is offside the company’s line of work. Employment law in Canada allows for anything invented by the employee at work to belong to the employer. However, if the invention is off work, such as a new technology you developed in your garage, you should own the copyrights. Ensure the contract allows for this. In case you are working on a project before signing the contract, make sure you inform your employer. You might be interested in learning more at the Whitten & Lublin LLP website.

How to Know If You’re a Victim of Medical Malpractice

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Following medical treatment, we sometimes tend to brush off ongoing pain or symptoms, believing we will look weak if we complain. But the truth is that not all treatments or medications work for everyone. In fact, you may have received the wrong dose or type of medicine, or prescribed treatment could be aggravating rather than healing your injury. Most of us lack medical training, so we do not know whether continued discomfort is natural or problematic. That is why it is important to contact a personal injury lawyer for information. He or she in turn may request the assistance of a medical malpractice experts witness.

1. You may need an expert witness.

An expert witness is someone who has training and experience in the area of injury you are dealing with. The expert will examine the medical documentation accumulated in your doctor records to see if you were given the proper diagnosis and treatment. If you weren’t, or if you had a negative reaction that the doctors missed, you may have cause for a potential personal injury case against medical practitioners for malpractice.

2. What does a medical witness expert do?

When searching for a medical expert witness, a malpractice attorney will get your permission to collect your medical records for evaluation. All documentation associated with your treatment will be gathered for a careful review by an expert witness who knows the medical issues involved in your case. The expert may do research from reliable medical sources on your specific injuries or medical problems to ascertain their cause as well as the effects of treatment you have experienced. Any underlying health conditions will also be considered during this evaluation phase. The local community standard of care may be analyzed, as well as other national cases that are similar to yours, in the effort to learn as much as possible about the variables in your case and whether malpractice has actually occurred.

3. How does a medical expert’s assistance help?

The expert medical witness will provide a detailed written report and may be subjected to interrogatories and a deposition by the defense attorneys. A strong witness will have solid information that will stand up to opposing counsel’s rigors. If the case does materialize into litigation and goes to court, the witness may be asked to testify on the witness stand and be subject to cross examination by defense attorneys.

If you aren’t sure whether you have been the victim of medical malpractice, discuss it with a reputable attorney who specializes in this area of law. If a medical witness is recommended, consider paying the fee, as this person may be able to determine decisively whether or not you are eligible for medical malpractice compensation. You may be able to learn more at the JD.MD, Inc. website.

3 Factors That Affect the Outcome of Your Personal Injury Lawsuit

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Hiring a personal injury lawyer to represent you in a legal matter is a major step to take, but it often results in a beneficial outcome for the plaintiff. A personal injury lawsuit is a great way to obtain financial compensation for expenses you incurred after being injured as a result of another person’s actions or negligence. This type of lawsuit covers everything from medical malpractice and product liability to a dog bite claim, a car accident and more. You may think that the outcome of a personal injury lawsuit is based on the whim of the jury, and it is true that the jury will decide the outcome. However, these three controllable factors strongly weigh on the outcome of the case as well.

1. The Personal Injury Lawyer You Hire

You have complete control over the personal injury lawyer you hire, and this is one of the biggest factors that will affect the outcome of your case. Your lawyer should be likable, so consider his or her demeanor carefully. In addition, his or her experience matters, and this particularly is true when dealing with a niche area of personal injury law, such as car accidents or product liability. Your attorney’s experience is critical in the establishment of a solid case as well as in how clearly and effectively the case is presented to the jury.

2. The Amount of Documentation You Provide

When you initially consult with your personal injury lawyer, he or she likely will request documentation you have about the event. This may include medical records, written correspondence, police reports and more. Your attorney may also recommend that you obtain additional information that you have not yet thought to seek. Documentation substantiates your claim as well as the amount of the award you are requesting, so it is critical to the outcome of your case.

3. The Witnesses and Experts in Your Corner

While documentation is critical, witnesses and experts can also help your case significantly. They provide further evidence in the case, and they may provide the jury with a look at the case from a different and beneficial perspective. For example, if you are presenting a car accident case, an eye witness may be crucial in attesting to the fact that the other party was at fault or that there was nothing you could do to avoid the collision.

Your personal injury lawyer will work closely with you to help you build the strongest case possible. However, in your effort to obtain the best results from your case, consider how each of these factors can work in your favor. After you have selected the right attorney to hire, discuss with him or her how documentation and witnesses can strengthen your case. The resources at Futerman Partners LLP are helpful and can provide you with more information.

Do You Have a Medical Malpractice Case? Here’s 3 Way To Tell

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The unfortunate reality is that doctors are not perfect, and because they are human, they can and will make mistakes from time to time. In many cases, these are accidental mistakes, but some people are harmed by the intentional actions of a doctor. If you have been negatively impacted by improper care or a wrong diagnosis by a medical professional by accident or on purpose, you may wonder if you have a medical practice case. Consulting with medical malpractice lawyers is a great first step to take to learn more about the strength of your case and the benefits associated with pursuing the matter in court. However, before you contact an attorney that specializes in this area of the law, it is wise to learn more about what a medical malpractice case actually is.

1. The Actions of the Doctor

One of the first things your medical malpractice attorneys may ask you about during a consultation is what were the actions of the doctor that resulted in the perceived malpractice. Did the doctor misdiagnose you, complete a surgery on the wrong body part, issue the wrong medicine or complete some other action that was against common practice? There is an acceptable level of care that doctors are typically expected to provide, and the actions of the doctor may have fallen below that acceptable level. if so, you may have a case worth pursing. However, other factors must also be present.

2. The Relationship Between Doctor and Patient

Some people think that they have a malpractice case when a friend or even a family member who is a doctor issues an off-the-cuff recommendation regarding the care of the individual. However, there must be an established doctor-patient relationship in place in order to win a medical malpractice case. This can typically be proven by obtaining medical records from the doctor’s office.

3. If There Was Quantifiable Harm

A final and important factor that must be in place is quantifiable harm. In most cases, quantifiable harm involves a worsening of symptoms. However, it may also involve unnecessary medical expenses or other factors. If your doctor’s actions harmed you in a quantifiable way, you may have a medical malpractice case worth pursuing in the court.

Most medical malpractice attorneys will provide new clients with an initial consultation, and some may even consult with you free of charge. Through an initial consultation, you can learn more about if you have a case and the strength of your case. Because the experience level and the area of expertise with different case types varies, it may be helpful to consult with several medical malpractice attorneys before you decide to move forward with your case. If you would like more information, Bogoroch & Associates LLP has additional resources available.

A guide to understanding ICBC law and choosing the right lawyer

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The fact that ICBC is responsible for keeping its costs as low as possible makes it very confusing and stressful for a seriously injured person to pursue his or her claims. Often the first ICBC settlement offer cannot include everything that you’re entitled to receive. To increase your chances of getting the best outcome from the ICBC settlements, you should consider hiring a personal injury ICBC lawyer with years of experience in handling ICBC cases.

1. Getting the best settlement from ICBC

Make sure that all your injuries are properly documented by your doctor. The injuries should show tangible evidence in connecting them to the accident. There are various categories that need to be properly investigated in order to get adequate and full compensation for your injuries or losses. You can be entitled to compensation under the following categories:

• Pain and suffering
• Wage loss
• Loss of opportunity or capacity to earn income
• Expenses related to the sustained injuries
• Future expenses for medical treatment
• Compensation for people who may have to help you around the home.

A good personal injury ICBC lawyer knows how to go around the efforts of ICBC to limit your entitlement by claiming that you failed to reasonably reduce the extent of your losses or injuries. Risks such as failure to follow medical advice or exercising according to the prescribed routine should be avoided before filing ICBC claims.

It might be necessary to go to court so as to increase your chances of getting the highest value of your claim.

2. What to ask a potential personal injury lawyer before you hire one

Hiring a personal injury lawyer is one sure ways of receiving the best possible ICBC settlement. Ask the following questions when interviewing various lawyers before you hire them to represent you in pursuing your ICBC claims:

• Do any of the lawyers in your firm represent ICBC in select cases? You ought to be sure to decide whether you are comfortable in working with a lawyer from a firm that represents ICBC and injured people too.
• Have you handled any kind of personal injury cases in your practice before? Experienced lawyers are the best candidates in filing ICBC claims.
• Will you be the one handling my case up to the settlement stage?
• Do you think you have enough time to devote to my case right now? Ensure the new lawyer has time to provide you with the attention that your case requires.
• How will you help me with accessing treatment if ICBC doesn’t offer it?
• How much participation do you need from me before you proceed with the case?
• What are some of the charges I am responsible for before you proceed with advancing the claim against ICBC?

Learn more information at the Preszler Law Firm website, or contact one of their experts if you have any further questions.

4 Steps On Getting A Divorce When Your Spouse Refuses To Participate

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There are many different reasons why your spouse might refuse to participate in a divorce. No matter what those reasons might be, however, everyone has the right to separate from their spouse if they are no longer comfortable with their relationship. With an experienced divorce lawyer by your side, you can get through this complicated legal situation as quickly as possible and move on with your life.

1) Filing a Divorce Petition

After you have contacted your divorce lawyer, you will most likely be asked to fill out and file a Petition for Dissolution or Petition for Divorce. During an amicable divorce, both parties will sit down and go over all of their mutual and private property. Unfortunately, these proceedings are much more complicated when one party will not participate. Your petition will need to include information such as why you are seeking out a dissolution and what property must be taken into consideration.

2) Serving a Spouse

Having a spouse served is a very unpleasant part of this process for many people. Without a divorce attorney and legal processor, you must personally serve your spouse the paperwork. Working with a legal team will allow you to avoid uncomfortable situations such as finding out where your spouse is at any given time. Once they have been served, they will only have around 30 days to respond. If they are purposefully avoiding you or the processor, then you can request an extension with the judge.

 

3) Final Paperwork

Once your spouse has been served, the next step depends entirely on their response. In most cases, they have to fill out their own legal documents within a month. When a spouse refuses to file a response, their partner must submit the final paperwork to the judge within 60 days. This paperwork includes quite a bit of information such as how you believe the assets should be divided. You will also need to produce additional information on why you would like a divorce.

4) Processing and Default Judgment

Your divorce lawyer can walk you through the last few steps of this process so that you can be sure the assets are transferred quickly and with no mistakes. Your judge might ask you to meet with them multiple times so that you can clear up information or swear that the information you have provided already is correct. They then have up to six months to come up with a final ruling that becomes legally binding as soon as they sign it. As long as all of the paperwork was filled out and filed correctly, you might receive the final ruling in as little as a few weeks.

For a free case review, please go to https://www.matrimonialhome.com/

4 Steps To Receive Compensation After An Accient

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Getting into an auto accident can change your life forever, and many people are unsure of what they can do to protect themselves after these traumatic events. You could find yourself overwhelmed with painful injuries, legal jargon, and multiple parties who are all seeking compensation. While the situation might seem difficult right now, your team of personal injury lawyers can help you navigate the legal system and move on with your life.

1. Start Collecting Information Immediately

If you are able to do so, then you should immediately begin collecting as much information as possible about the collision. Drivers are legally required to exchange their insurance policy numbers and names, but that will not be enough if the case escalates. Depending on where the accident occurred, you might want to take pictures of nearby signs and damage to your property. Even if you are not physically injured, those pictures could help you receive compensation for psychological injuries.

2. Write Down Any Medical Treatments You Receive

Even though most hospitals keep excellent records, trying to get copies of those files at a later date can be time-consuming. While you are being treated, you or a loved one can write down quick notes about the medication you receive and how you feel. Much like the pictures, that firsthand account could be invaluable if you and your personal injury lawyers decide to push for emotional distress damages.

3. Contact an Attorney

There are a few different reasons why you might want to start looking for an attorney. Insurance companies often do everything in their power to pay victims as little as possible. Just because your situation seems straightforward does not mean that you are going to receive the compensation that you deserve. With an experienced lawyer by your side, you will not need to deal with aggressive claims adjusters on your own. After you notify our insurance company of the accident, your legal representative can completely take over your case so that you can focus on your health.

4. Determine Damages

Once you have begun to recover, you and your attorney can start discussing compensation. It is an unfortunate fact that many drivers only have basic policies, and their insurance might not cover all of the compensation you deserve. In addition to your medical bills and destroyed property, you might also be entitled to damages for your mental anguish, pain, and suffering. Those who are severely injured could require years of physical therapy, and there is a very good chance they will not be able to work during that time.

Car accidents should never be taken lightly, and drivers who do not know how to deal with these events might find it extremely difficult to navigate through the complex legal system.  For more legal information regarding auto accident lawsuits, visit: www.preszlerlaw.com

Tips on How to Choose a Estate Lawyer

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Finding someone who will help you to decide what will happen to your personal property or business once you die is an important but challenging task. Relying on the law to provide a default scheme is often frustrating and involves a lot of hefty tax consequences for your loved ones. You need an estate lawyer to plan things ahead of time. Here are tips on how to get one.

Consider your needs

Understanding your needs will help you to determine whether you need an attorney. You do not require an attorney if you have a small real estate or personal property. In this case, you can use a document kit to plan the estate on your own. If you have a big real estate, business or retirement and investment accounts, you might require professional legal assistance. An estate lawyer will help with transfering business ownership and personal property between the listed beneficiaries once you die. He will also oversee all the sensitive business transactions.

Ask for recommendations

You can ask your friends, relatives or workmates for possible recommendations. Make sure that the people you ask have had an experience with an estate lawyer. A person who liked his attorney’s services will be more than willing to recommend him to you. However, make sure you ask only those you trust.

Check the local bar association webpage

Visit the Canadian Bar Association’s website and check whether the prospective lawyer is listed there. The bar association has a list of members from all areas in the country. The members are listed only after they prove beyond reasonable doubts that they can offer legal services within the set standards and professional ethics. You can take advantage of the referral service available on the website to get a lawyer near your area. The service enables you to meet with the lawyer after you answer some general questions.

Search for certified specialists

The legal landscape is full of lawyers from different fields. The fact that someone practices law does not mean he can satisfy your estate planning needs. You require someone who is specialized in estate planning. There are certified specialists in each area of estate law. Check the bar’s website to see if the lawyer you have in mind has a specialist certification. You can also visit the website of the attorney check if he mentions his certifications.

Interview the prospective lawyers

You need to come up with a list of three to five lawyers who you think qualify for the job. Schedule personal interviews with them. You can either go to their offices or call. Ask them about the number of years they have been practicing estate law. They must also be in a position to show you some of their previous works and references.

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