The Purpose of Child Support Payments

When parents have decided to end their marriage, everyone involved will experience some degree of emotion. When children are involved and child support payments need to be arranged, both parents may feel an added amount of pressure. Child support payments are to ensure the child’s quality of life does not become altered after a divorce. Those going through the process should know what their rights are, as well as whether they are receiving the correct amount. If you have recently gone through a divorce and are trying to establish child support payments, it may be useful to speak with a child support lawyer.

The Purpose of Child Support Payments
Child support is a form of court-ordered payments. In general, they are paid for by the non-custodial parent to help their minor children. A family court judge has a duty to set the payment schedule and amount during the divorce proceeding. When a support order is given by the court, it is meant to assist the custodial parent with all of their expenses related to the children. 

As a child support lawyer might explain to you, child support payments are meant to purchase items such as:

• Food 
• Clothing
• Housing
• Transportation
• Schooling
• Childcare
• Medical treatment
• Extracurricular activities

The goal of child support is to help the child maintain the same standard of living they had prior to the divorce. It also helps to maintain a normal life and ensure all of their costs are covered. 

How Much Support Should Be Given
During the process, the custodial parents might wonder how much child support they should receive. There are different calculation formulas under the Federal Child Support Enforcement Act that parents must pay in different situations. It should be noted the amount of child support ordered by a judge can vary by state, and by the ruling judge. 

In general, parents might find it beneficial to speak with a child support lawyer who can explain how the formulas work and how they apply to your case. A lawyer can also support you in the courtroom and ensure that both you and the child are being treated fairly. 

How A Judge Determines the Amount

When a judge is considering the amount of child support to be paid, they may consider the following:

• The current custodial agreement
• The non-custodial parents ability to pay for child support
• The number of children involved in the case

Parents who have sole custody will typically be paid by the non-custodial parent. Whereas, parents who have joint custody will find the amount is based upon each parent’s ability to care for the children, as well as, their financial stability. In joint custody cases, the amount of time spent with the children will also likely be factored into the amount of child support to be paid. 

The objective of child support payments is to ensure the child’s quality of life does not change or decrease after the divorce. Because of this, the judge will review the child’s current life and way of living. This will be used to determine the amount of child support to be paid. The court might also determine whether or not this lifestyle is possible and adjust accordingly. Further factors that may be included in a judge’s decision include:

• Whether the child has any special requirements
• Vision care
• Dental coverage
• Health insurance

Workers’ Compensation Claim for Carpal Tunnel Injury

Work injuries are often readily apparent. A worker slips and falls or has some other type of accident that leads to an injury. However, some work-related injuries develop over time as the worker continues performing their job functions. When an injury is not straightforward, and is something that progresses and worsens over time, proving a workers’ compensation case is a bit more challenging. You will need a seasoned workers’ comp attorney on your side to help you navigate the ins and outs of such a case.

Here is some helpful information on the condition and how to file a successful worker’s compensation claim if you suffer from work-related carpal tunnel syndrome.

What is Carpal Tunnel Syndrome?

Carpal tunnel syndrome is a disorder affecting the nerves in the wrist. It’s commonplace in office workers and staffers whose jobs involve repetitive hand motions. The carpal tunnel is a narrow passageway in the wrist surrounded by several small bones. The median nerve is usually protected by a ligament that arches over these small bones.

The median nerve has many functions. As one of the primary nerves in the hand, it extends down into the thumb and into the index, middle, and part of the ring finger. In specific circumstances, which are at times work-related, the median nerve suffers pressure and irritation as it passes through the carpal tunnel structure, producing the symptoms of carpal tunnel syndrome.

What Causes Carpal Tunnel Syndrome in Workers?

When the wrist, hand, or fingers are continually being used for repetitive motions such as twisting, pulling, or striking, the ligament may become inflamed put pressure on the median nerve. That compression of the median nerve may interfere with the use of the hand and wrist, and cause pain and numbness in the fingers and hand.

Carpal tunnel syndrome is considered a legitimate occupational disease and can be used as the basis for a workers’ compensation claim. Occupational diseases are chronic illnesses or conditions that manifest as a direct result of an activity that is part of an individual’s required daily work.

How Do I File a Carpal Tunnel Injury Claim?

Carpal tunnel is a genuine on-the-job injury. As such, workers who are affected by carpal tunnel syndrome stemming from work activities are entitled to bring a workers’ compensation claim to seek compensation for their losses. Workers’ comp benefits typically include reimbursement for medical bills and rehabilitative therapy, out-of-pocket expenses, and a portion of lost wages.

If you have symptoms of carpal tunnel syndrome and want to seek medical treatment, you must notify your employer immediately after your symptoms appear. Your workers’ compensation process begins upon your first report of the injury to your employer. With carpal tunnel syndrome, you’ll need to provide an approximate date when you first noticed your symptoms.

Once you’ve reported your injury, you will have to file a workers’ compensation claim, as well. Don’t miss the filing deadlines in your state. You are well-advised to hire a workers’ compensation injury lawyer from Law Offices of Franks, Koenig & Neuwelt to help you with this process and work to maximize your monetary compensation. 

Steps To Take When Filing A Personal Injury Lawsuit

If you’ve been seriously injured in a car accident or in a mishap while away from home, you might be worried about how you’re going to pay your bills or fill your gas tank while you recover from your injuries.

The battle with insurance companies can be even more frustrating, since many work hard to encourage you to take the lowest settlement possible so they can close the books on your case.

It’s important, however, to make sure that if your injury was the result of another person’s negligence that you are properly compensated for your medical bills, lost wages, and pain and suffering, and if that party’s insurance company fails to take responsibility, a personal injury lawsuit may be the only move you have available to you.

If you’re wondering what you need to do in order to file a personal injury case, we’ve got you covered.

Steps to take when filing

While it is possible to file a personal injury lawsuit without an attorney, you are better off with someone who understands the complexities of such cases. The right personal injury lawyer can help you get the compensation you deserve. Going it alone could leave you with nothing to cover the mounting costs associated with your injuries.

An attorney will review your case and any documentation, then let you know the legal options available to you. When you meet with your attorney for the first time you should have all your records available, including medical bills, accident reports, photographs, witness statements (or witness contact information) and notes you may have taken regarding your injuries and your recovery.

After meeting with an attorney, your next step is to file a claim with the insurance company of the party at fault. With the help of an attorney who will negotiate on your behalf, that insurance company may offer a settlement that adequately covers your expenses. If negotiations fall through and the insurance company refuses to pay a fair settlement, your attorney will file a personal injury lawsuit.

While some states allow less time and others allow more, in general, you have two years to file a personal injury case before the statute of limitations runs out. This time allows you and you attorney to gather evidence to better solidify your case.

After a lawsuit is officially filed, both sides will have an opportunity to examine evidence, which is called the discovery process. Knowing what evidence each side plans to present in court helps strengthen your case. This could include depositions of you, any witnesses, and the party at fault in the incident.

Afterwards, your attorney will again attempt to negotiate a settlement in order to avoid a trial, which is costly and time consuming. It also allows you to collect compensation much sooner than you would if you had to wait for a trial, which can sometimes take years to find a place on the court docket. 

If your case does go to trial, your attorney will use all the evidence gathered to present a solid case on your behalf. If the jury fails to award damages, you can file an appeal. If the jury does award damages, the other side can also appeal, although if your case is strong, the opposing party is likely to accept the verdict and pay the settlement.

How do attorneys get paid?

Attorneys generally work on a contingency fee, so that they are not paid unless you win your case.

If you win, you will not only pay an attorney’s fee, but also court costs including fees for expert witnesses, deposition costs, administrative expenses and other costs associated with your case.

If you were in an accident that was the fault of someone else, then you have reason to consider filing a case against them. A lawyer for personal injury Memphis TN residents trust at Patterson Bray, PLLC believe that victims should not have to suffer because someone else chose to act recklessly that day.

Fractured Bone Injuries

Broken bones are a common type of personal injury, which can occur as the result of slips and falls or due to car accidents involving other motorists, bicyclists, and pedestrians. While painful, the regularity with which they occur often causes victims to underestimate their serious nature. Without proper medical treatment and ongoing follow up care, complications can arise that result in permanent disabilities.

Treatment for Broken Bones
According to the American Academy of Orthopedic Surgeons (AAOS), despite their rigid nature skeletal bones are generally somewhat flexible, and it can take significant force or impact for them to break completely in half. Even when they do, the edges may not line up together, or the brake may run vertically, rather than horizontally. With more severe impacts, the bone may actually splinter or shatter into multiple pieces, making it even more difficult to repair. Depending on the type of injury suffered, treatment for broken bones may include:

• Functional brace: This allows for some flexibility in the body part, while providing the support bones need to heal.
• Cast immobilization: A cast may be used to keep the bone sections firmly in place and to prevent them from being jarred by other body movements.
• Traction: Elevating the injured area and using a steady, pulling action can help to align broken bones together.
• External fixation: Through a surgical procedure, metal pins and screws are used to stabilize the bone, so it heals evenly.
• Open reduction and internal fixation: In this procedure, a surgeon either removes or repositions pieces of the broken bone, using metal plates or rods to rebuild it into the proper shape.

Complications of Broken Bones
Whether a broken bone requires a cast or a more intensive surgical procedure, lining the bones together properly and monitoring the fracture regularly is crucial in preventing potentially permanent disabilities. Experts advise that in addition to bone deformities, complications that can result from a broken bone include:

• Nerve and tissue damage
• Wound infection
• Fracture blisters
• Vascular injuries, which put pressure on arteries and disrupt blood flow
• Visceral injury due to bone fragments which cause damage to body organs near the fracture site

Other complications depend on where the break occurs and the age or health of the patient. For example, broken ribs can lead to an increased risk of pneumonia, while a broken hip in an older adult can result in a loss of mobility that hastens an overall more rapid decline.

Contact Our Firm for Help
Getting the proper treatment and taking the time you need is crucial in healing from a broken bone. A personal injury lawyer, like a personal injury lawyer, can provide the professional legal representation you need to get compensation for ongoing medical expenses, lost wages, and other costs you incur during your recovery. To discuss your case with our skilled personal injury attorneys, call our office and request a consultation today. 

Passenger in MVA

Being involved in a motor vehicle accident is not fun for anyone — the individual who is at fault, the other driver, or any passengers. Each party involved is handled differently when concerning any personal injury claims. However, when you are not a driver, the process is less of a headache for many reasons.

Liability
In most motor vehicle accidents, insurance companies are expected to pay out for property damage and any bodily injury caused on a victim. However, insurance companies do not give money to anyone without further investigation, in hopes of finding information that works in their favor. As it pertains to passengers in these cases, liability does not have to be proven, and therefore takes a huge load off of them. Liability is one of the most important things that must be proven when pursuing a personal injury claim, and it is unlikely for a passenger to cause an accident. It is much more likely that one of the drivers will be seen as liable in an accident. 

Filing a Claim
Filing a personal injury claim as a passenger is fairly normal. Typically, the claim is made against the at-fault parties insurance company only, however, in these cases both drivers’ insurance companies may receive a claim.

Seek Medical Treatment
No matter who is the at-fault party, the injured passenger should still seek medical treatment for their injuries. Once treatment is completed, this information will be brought to the insurance companies and a settlement will be negotiated. As a passenger, these negotiations are usually seamless, as it is difficult for an insurance company to deny responsibility to an innocent passenger. In the rare case that the insurance company does not wish to settle due to their belief that the other party’s insured holds more responsibility, your case may actually be taken to trial. At this point, a jury will review the details of the case and determine who is to pay what and to whom.

Contact an Attorney
As a passenger in an automobile accident it is okay to be confused. This is why you should contact an auto accident attorney, like an auto accident attorney in Atlanta, GA, as soon as possible. Sometimes the at-fault party is the driver whose car you were a passenger in, and it may be difficult to pursue charges against someone you know. Speak with a personal injury attorney to see what legal options are available to you. This way, an attorney can handle the difficult part, while you or your loved ones work towards a full recovery.

Thanks to the law office of Andrew R. Lynch for their insight into what a passenger in a car accident should do if they were injured. 

Establishing a Visitation Schedule During Divorce

Tips for Establishing a Visitation Schedule During Divorce

Reaching an agreement with your ex may seem impossible, especially when it comes to your children. If you are embroiled in a high-conflict divorce, or one wrought with fighting, you may believe that reaching any mutual resolution is beyond the realm of possibility. However, there are ways that you could try to compromise an agreement on the child visitation front without the input of a judge. Take some time to think about these issues when trying to negotiate with your ex.

Consider the Current Ages of the Children

When you and your spouse decide to split, there are many elements of a divorce to consider. At the top of your list has to be your children. The court does not like to make decisions about how to split time between parents, but they will if no compromise can be reached. When contemplating a fair split, you must consider the ages of the kids and what their needs dictate. For example, when an infant is involved, the requirements are more significant than if you have teenagers. More time with one parent for smaller children may be the preference of the court.

Understand that the needs of the children will change as they get older. You must remain flexible and contemplate changes in the schedule set forth when you first divorce. You can account for possible changes in the document before filing it with the court.

Be Realistic With Your Schedule

You may want to spend as much time with your children as you can, especially knowing they will need your support now more than ever. However, this does not mean that you should contemplate a schedule that does not work for you. If you have a pretty rigid schedule at work that doesn’t have you out before 5:00 p.m., don’t sign a document that promises to pick the children up at 2:00 p.m. This will only open them up for heartache and result in conflict with your ex. Consider what you believe you can reasonably do, not what you would like to do.

Create a Neutral Meeting Place

School or daycare is an excellent place to drop off/pick up your children, and when you want to avoid interaction with your ex, this cuts that possibility off completely. There may be times when visitation ends on a Sunday evening, and if so, arrange to meet in a neutral area halfway between the houses. This will help you steer clear of run-ins.

In drafting a parenting agreement, your children’s needs must come first. A divorce lawyer can help get you through establishing this blueprint for your post-divorce life and do what is best for your children.

Who Pays Medical Bills in a Car Accident Claim?

After a car accident, you may have extensive medical treatments to undergo. This can lead to costly medical bills. If you were not at fault during the accident, who is responsible? If you are filing a claim against another driver, what happens with your bills in the meantime?

Should You Accept an Early Offer?

The medical bills are beginning to stack up and you feel like you may drown in them. This is what many people feel after a serious accident. Most do not have money to pay medical bills easily. If you have insurance, this can help you with the bills before you can reach a settlement. If the other insurer offers you a settlement right away, you need to think hard about it. Odds are, you should not accept it.

Early offers are tempting because you want the money as soon as possible. No one wants to have to go through a long trial process before receiving any compensation. This is why it is important that you hire a good personal injury attorney, like a personal injury attorney in Washington, DC, to talk to whenever an offer comes up. Your lawyer can calculate the appropriate settlement amount. If you accept a low amount, you may cover some of your initial medical bills and none of the treatments that you need later. You may receive far less than what you deserve.

Should Your Attorney Pay the Bills?

There is a misconception about medical bills during a car accident claim and these misconceptions involve the attorney paying your bills. Your lawyer does not pay your medical bills before you receive your settlement. When it comes to your bills, you are responsible for them initially. It does not matter if you are in the middle of a lawsuit with the other driver or not; the hospital still looks to you for payment. 

While you do not usually have to pay your lawyer until after you receive your settlement, it is not your lawyer that pays the bills in the meantime. You are responsible for your bills until you receive your settlement. Medical bills can stack up quickly and even with insurance coverage, you may feel like you are going into deep debt due to the bills. This is why it is important that you do not accept an offer right away. You need to make sure that you receive the compensation that you deserve to pay the medical bills off later. In the meantime, you may have to pay out of pocket or with insurance.

Thanks to The Lawfirm of Frederick J. Brynn, P.C. for their insight into who pays the medical bills when someone is filing a car accident claim. 

Virtual Child Visitation

What Is Virtual Child Visitation?

Over the past few decades, the ways in which Americans communicate and connect with each other have changed dramatically. Emails and texting have generally replaced physical letters and short, informative phone calls. Nearly every adult in America has access to a cell phone, and the Internet connects individuals in ways that probably would have been perceived as science fiction only a few decades before it became widely available.

It is perhaps unsurprising, then, that child custody and visitation agreements are increasingly addressing the concept of virtual visitation or virtual parenting time. These arrangements provide whichever parent is not physically caring for their child at any given time access to them via virtual means. It does not matter if parents have joint custody or some other arrangement. Virtual parenting time essentially just helps parents and kids remain connected and involved in each other’s lives when they are not physically located under the same roof.

Creating Virtual Parenting Time Expectations

Virtual parenting time clauses contained within custody agreements are generally approved by the courts unless they interfere with a child’s best interests. For example, if both parents agree that the child uses Skype each evening to say a ten-minute “goodnight” to whichever parent is not present, this term would likely be considered reasonable. However, if one parent insisted that the call occurs at 10:30 pm in order to accommodate his or her social calendar, this term would be rejected in favor of the child’s best interests in getting a good night’s rest.

It is generally a good idea to set expectations that are both reasonable and flexible when need be. It is also important to take into account your child’s unique needs when setting virtual parenting time expectations. For example, if your child attends church services every Sunday morning, it will not make sense to schedule a call during this time. Having a set schedule can help your child to count on a consistent routine, but that schedule needs to make sense for him or her.

In addition to calls and virtual chats that allow you to see each other, you may want to think about whether email, social media, texting, and other forms of virtual connection will or will not serve your child’s best interests. Every family is different, so please consider your family’s unique needs carefully.

Child Custody and Visitation Guidance Is Available

If you have questions about child custody or visitation, please consider connecting with an experienced family law attorney. Every family’s situation is unique, so it is always important to look at issues with a child’s best interests at heart. Arrangements that may serve one family perfectly well may not be ideal for another family. Similarly, simply because many families have the ability to physically see each other regularly does not mean that physical proximity is a luxury afforded to every parent-child relationship. Working with an experienced family law attorney will help to ensure that the resolutions to your child custody and visitation challenges reflect both your family’s unique needs and your child’s particular interests whenever possible.