What is COBRA coverage?

The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires businesses with at least twenty (20) employees to offer temporary extended health care plans to employees and their families in certain instances where coverage under a plan would otherwise end.  While several events can trigger the right to COBRA coverage, COBRA is important in some divorce cases because it permits a person to apply to his/her ex-spouse’s health insurance company for continued health insurance coverage for three (3) years after the parties are divorced.  The person applying for the continued coverage, however, is responsible to pay for the insurance unless the parties agree otherwise.

What is COBRA coverage?

Consideration of disability during hiring process

An employer may not ask whether a prospective employee has a disability that may affect his ability to perform a job.  An employer certainly can determine the qualifications necessary to successfully perform a job, but cannot ask directly about the existence of a disability.

In the event the prospective employee indicates that he has a disability that may require an accommodation, however, things change slightly.  At that point, an employer may ask what types of accommodations would allow the prospective employee to perform the functions of the job.

Consideration of disability during hiring process

Estate Tax in the United States

The estate tax is a tax imposed on the transfer of the “taxable estate” of every decedent who is a citizen or resident of the United States.  This applies whether such property is transferred via a will, according to the state laws of intestacy or otherwise made as an incident of the death of the owner, such as a transfer of property from an intestate estate or trust, or the payment of certain life insurance benefits or financial account sums to beneficiaries.  The estate tax is one part of the Unified Gift and Estate Tax system in the United States.  The other part of the system, the gift tax, imposes a tax on transfers of property during a person’s life; the gift tax prevents avoidance of the estate tax should a person want to give away his/her estate.

Estate Tax in the United States

School Records in Divorce Actions

The school records of minor children who are subjects of custody and placement actions are important to any determination by the guardian ad litem or social worker.  It is imperative, however, that you send an authorization not only to the school for the academic records, but also a specific authorization to the guidance counselor.  Records of the guidance counselor are generally not included in the general school file of a student.

School Records in Divorce Actions

Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service

When an obligation was incurred before entry on active duty, the interest rate goes down to 6%, unless the creditor (bank, finance company, credit card issuer, etc.) can prove in court that the member’s ability to pay was not materially affected by military service.  The term “interest” includes service charges.

The new Act clarifies the rules on the 6% interest rate cap on pre-service loans and obligations by specifying that interest in excess of 6% per year must be forgiven.  50 U.S.C. App. Sec. 527(a)(2).  The absence of such language in the SSCRA has allowed some lenders to argue that interest in excess of 6% was merely deferred.

The SCRA also specifies that a SM must request this reduction in writing and include a copy of his/her military orders.  50 U.S.C. App. Sec. 527(b)(1).  Once the creditor receives notice, it must grant the relief effective as of the date the servicemember is called to active duty.  The creditor must forgive any interest in excess of six percent with a resulting decrease in the amount of the periodic payment that the servicemember is required to make.  50 U.S.C. App. Sec. 527(b)(2).  The creditor may challenge the rate reduction if it can show that the SM’s military service has not materially affected his or her ability to pay.  50 U.S.C. App. Sec. 527(c).

Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service

Change of Substantial Circumstances in Divorce Actions

A substantial change of circumstances is fact intensive:  “The term ‘substantial change of circumstances’ is well-known in family law.  It focuses on the facts.  It compares the facts then and now.  It requires that the facts on which the prior order was based differ from the present facts, and the difference is enough to justify the court’s considering whether to modify the order.”  Beaupre v. Airriess, 208 Wis.2d 238, 245-46 (Ct. App. 1997).

Change of Substantial Circumstances in Divorce Actions

Website Help in Divorce and Child Support Cases in Wisconsin

1. http://www.supportguidelines.com (collection of child support cases across the country)


2. http://abanet.org/family (also provides links to military information for child support)


3. http://www.ccap.courts.state.wi.us/internetcourtaccess (provides access to information on closed and pending cases


4. Child Support Percentage Worksheet http://www.wisconsinforms.com/forms/cs3/pdf


5. Child Support Calculators http://www.wisconsinfathers.org http://www.dwd40calculator.com

Website Help in Divorce and Child Support Cases in Wisconsin

Three Police Officers Thrown from Hawks Stadium

Even police are subject to the law, as was shown when three off-duty Bellevue cops were tossed out of the Hawks stadium on September 16^th. The two men and two women were enjoying the game, but becoming a nuisance to those around them and eventually got into an altercation with an on-duty Seattle officer. The three men were thrown out of CenturyLink Field for being intoxicated and using constant foul language during a confrontation with a fan. The fan told The Seattle Times that the three police officers began calling him foul names in front of the man’s 12-year-old son. The fan says that he was worried because the officers were younger than him, tougher than him, and clearly drunk.

He called the stadium ushers to report the officer’s irritating behavior. The ushers in turn contact the Fan Experience authorities and the alcohol-enforcement officers at the game. One of the women at the game was a female officer who told the fan that he should “watch himself” after reporting their behavior to the authorities. Currently, the Bellevue Police Department is investigating the issue and has not confirmed or denied reports. Depending on what evidence they find, they may take legal action or reduce the employment benefits for the officers who set a bad example at the game.

The group also surrounded and taunted a police officer outside the stadium who asked them not to litter when they started dropping trash on the ground. A Seattle officer saw what was going on and called back-up in order to preserve the safety of the female officer. When a sergeant and a lieutenant responded, they were also subjected to taunts, ridicule, and obscenities by the drunken group. This instance shows that police may be an authority but they are not perfect. They can make mistakes too. If you were arrested on false charges or treated roughly by a police officer, talk to a lawyer at our firm! Working this into your case may help to reduce or dismiss your charges!

Three Police Officers Thrown from Hawks Stadium

How to Find Out the Actual Earnings of a Specific Occupation to Assist in Maintenance Calculation and Imputed Income

An effective way to find out the earnings of a specific occupation is to visit the following internet sites:http://stats.bls.gov//comhome.htm
www.acinet.org
www.wageweb.com

How to Find Out the Actual Earnings of a Specific Occupation to Assist in Maintenance Calculation and Imputed Income

Child Support Offset for Social Security Disability Payments

If a parent is receiving social security retirement or disability payments, the children should also receive social security benefits directly.  Wisconsin addresses this situation. DCF 150.03(5) provides as follows:“ADJUSTMENT FOR CHILD’S SOCIAL SECURITY.  The court may include benefits received by a child under 42 USC 402(d) based on a parent’s entitlement to federal disability or old-age insurance benefits under 42 USC 401 to 433 in the parent’s gross income and adjust a parent’s child support obligation by subtracting the amount of the child’s social security benefit.  In no case may this adjustment require the payee to reimburse the payer for any portion of the child’s benefit.”

Child Support Offset for Social Security Disability Payments

What is gross income for child support purposes?

The child support definition generally includes all gross income from every source.  Instead of arguing whether something is gross income, argue whether or not including the income is fair or unfair.  The payor has the burden to argue when the percentage is unfair. In the past the court has affirmed including trips paid by the employer as gross income; health insurance premiums, voluntary contributions to retirement plan; loan repayments from closely held businesses over time; and lump sum retirement benefits.  However, gross income does not include public assistance including supplemental security income, educational grants and loans, AFDC and other child support.

What is gross income for child support purposes?

Child Support Guidelines

If a parent has primary placement of the child(ren), and the Court does not hold that a deviation from the standard guidelines is necessary, child support will be based on the following percentages of the other parent’s gross monthly income:

• one child — 17%


• two children — 25%


• three children — 29%


• four children — 31%


• five children — 33%

Child Support Guidelines

Voluntary Paternity Acknowledgment

After a baby is born to an unmarried father and mother, they can both sign a form that will make sure the father’s name is put on the birth certificate and make him the legal father, without having to go into Court. This form is the Voluntary Paternity Acknowledgment .

Voluntary Paternity Acknowledgment

Will my divorce be delayed if I become pregnant prior to the final hearing?

The answer depends on the jurisdiction you are in and the final requirements of the Judge. In many counties the Judge will appoint a guardian ad litem (an attorney appointed to represent the best interest of the child) for the unborn child. After an investigation, the guardian ad litem will make a recommendation to the court relative to the parentage of the child. In some cases there may need to be paternity tests before the final divorce.

Check with the Clerk of Courts office in your county to determine the specific requirements

Will my divorce be delayed if I become pregnant prior to the final hearing?

How long does it take to get a divorce in Wisconsin?

Except in emergency situations or other exigent circumstances there is a 120 day waiting period in divorces.

How long does it take to get a divorce in Wisconsin?

Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued?

The Court can order the Respondent to do the following:

1.   Cease the harassment of another person;

2.   Avoid the harassment of another person;

3.   Avoid the Petitioner’s residence or any premises temporarily occupied by the Petitioner or both;

4.   Any combination of these remedies; and

5.   Prohibit the Respondent from possessing a firearm if it is determined that the                 Respondent may use a firearm to cause physical harm to another or to endanger public safety.

Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued?

Child support arrearages and death

Child support arrearages can be recovered through the claims process against the estate of the decedent.  Claims, however, must be filed in compliance with Chapter 859.  The time in which a claim may be filed is jurisdictional.

Child support arrearages and death

What is an Annulment?

An annulment dissolves a marriage that is void and invalid as a matter of law.  Some grounds for annulment are: (1) the marriage was induced by fraud or force and (2) one party was incapable of consenting to the marriage.

What is an Annulment?

How Does Health Care Reform Impact on Small Law Firms?

Law firms with fewer than 25 workers that pay an average salary of $50,000 or less per year will get a tax credit of up to 35% on the premiums paid for employees health coverage. The credit rises to 50% in 2014. Starting in 2011, small law firms can offer cafeteria plans which will allow employees to transfer before tax earnings into accounts that can be used for medical expenses.

How Does Health Care Reform Impact on Small Law Firms?

Implied Consent

When requested to do so by a law enforcement officer, under current Wisconsin law, any person who operates a motor vehicle on a public highway in the State of Wisconsin is deemed to have given consent to one or more tests of her breath, blood or urine, for the purpose of determining the presence or quantity of alcohol in her system.

Implied Consent

Yaz Birth Control Linked to Gallbladder Issues

Yaz and Yasmin, which have previously been linked to blood-clotting injuries, are now linked to gallbladder issues.  After taking Yaz or Yasmin, many women have had their gallbladders removed because of complications.  Many lawsuits have been filed and allege that Bayer, the manufacturer of the contraceptives, failed to warn consumers of the increased risks associated with the contraceptives.  In Bayer’s early clinical trials, 4 out of 432 women who tried the contraceptives had to have their gallbladders removed.

Yaz Birth Control Linked to Gallbladder Issues

ATTENTION BUYERS AND SELLERS – WHY YOU NEED A REAL ESTATE ATTORNEY!

 

Real estate attorneys save you time, money and sometimes your house.  Your real estate attorney can review any part of your real estate transaction to make sure your rights are protected.  If you are ready to buy or sell a property, make sure that your real estate lawyer has the opportunity to review and approve any contracts.  There are non-legal service providers that say you do not need a lawyer.  However, lawyers belong to a profession with standards that must be met and generally have malpractice insurance coverage.  Your rights are protected as a result of the attorney’s profession, his or her skill in that profession and the protection of his or her insurance and professional relationships.  A real estate lawyer’s only client is you!

If you are buying a home, your lawyer should:

• Help you understand the offer to purchase, including how you take title to the property.

• Review any easements, liens, covenants, etc., that effect the property.

• Prepare and file all legal documents, including deeds.

• Clarify mortgage terms.

• Review any adjustments to the closing costs, including taxes owed and utilities paid.

• Review all paperwork before you sign.

If you are selling a property, your real estate attorney should:

• Prepare the purchase and sale agreement.

• Prepare the power of attorney.

• Deal with title issues.

• Review all paperwork you are required to sign.

• Arrange for insurance and security deposits.

A real estate lawyer gives you peace of mind.  You can rest assured that significant issues have been addressed and that the title of property has been appropriately transferred.  No matter what the cost of your real estate transaction, the confidence you get from using a real estate attorney is priceless.

Contact real estate attorney, Dan Dineen, at Vanden Heuvel & Dineen, S.C. 262-338-8875 or 1-866-LAW-HELP or dan@vhdsclaw.com.

 

ATTENTION BUYERS AND SELLERS – WHY YOU NEED A REAL ESTATE ATTORNEY!

5 REASONS TO CHOOSE LEGAL SEPARATION RATHER THAN DIVORCE

 

The decision to file for divorce is a difficult one. An alternative to divorce is legal separation, which sometimes provides an easier transition into the divorce process or is an appropriate marital status in and of itself. Parties sometimes file for legal separation for the following reasons:

1. The desire to separate financial matters, while not necessarily wanting to totally sever the marital relationship.

2. The continuation of health insurance. Some health insurance plans, but not all, allow parties that are legally separated, but not divorced, to continue to maintain “family” health insurance coverage. It is imperative that the potentially uninsured spouse contact the health insurance carrier to determine whether or not a party that is legally separated can nevertheless be a “spouse” for health insurance coverage purposes.

3. Religious reasons are sometimes given for filing a legal separation. For example, the Catholic religion does not recognize divorce, while the impact of a judgment of legal separation is not given the same religious effect.

4. In Wisconsin you may file for a legal separation after living in the county where you reside for 30 days. The six month requirement necessary for filing a divorce in Wisconsin does not apply to legal separation cases.

5. The hope of reconciliation is sometimes given as the reason for legal separation. While a legal separation certainly drives home the differences in the marriage, it offers some hope that the marriage can be saved and that the parties have not totally relinquished their marital relationship.

5 REASONS TO CHOOSE LEGAL SEPARATION RATHER THAN DIVORCE

FIVE IMPORTANT FACTS YOU NEED TO KNOW BEFORE FILING FOR CHILD PLACEMENT

 

1.    In deciding on placement of your minor children, the Court looks at the best interests of your children.

2.    Specific factors the Court considers in determining the best interests of your children include the following:

A.    The wishes of the child’s parents;

B.    The wishes of the child;

C.    The interaction of the child with his/her parents, brothers and sisters and any other person who significantly affects the child’s best interests;

D.    The amount of time each parent has spent with the child in the past;

E.    The child’s adjustment to home, school, religion and community;

F.    The age of the child and the child’s developmental and educational needs;

G.    The physical and mental health of the parties and child;

H.    The need for regularly occurring and meaningful periods of placement;

I.    The availability of child care services;

J.    The cooperation between the parties;

K.    Whether one parent can support the other parent’s relationship with the child; and

L.    Whether either party engaged in domestic abuse.

3.    Generally, the Court orders mediation between the parties before a matter is set for a hearing on placement.

4.    If mediation fails, the Court will generally appoint a Guardian Ad Litem who acts as an advocate for the minor child. The parties usually share the cost of the Guardian Ad Litem, but the Court may deviate from that presumption.

5.    It is the obligation of the Court to set a placement schedule, “that allows the child to have regular occurring meaningful periods of physical placement with each parent and that maximizes the amount of time the child may spend with each parent.” Sec. 767.41, Wis. Stats.

As you can see from an analysis of the above factors, it is important that you retain an experienced, child placement attorney to represent your interests in a child custody or child placement dispute. A child placement lawyer must have experience in custody and placement cases because the law and trends of the State of Wisconsin change regularly. The child placement attorneys at Vanden Heuvel & Dineen, S.C. law firm are knowledgeable, experienced and top-rated placement lawyers with local offices in West Bend and Germantown, serving Washington, Waukesha, Ozaukee, Dodge and Door Counties, Wisconsin.

For a FREE placement or child custody consultation or additional resources, call 1-800-805-1976 or 1-866-LAW-HELP or 1-262-250-1976.

FIVE IMPORTANT FACTS YOU NEED TO KNOW BEFORE FILING FOR CHILD PLACEMENT

10 STEPS TO PREPARE FOR DIVORCE

 

1.    The most important step in filing for divorce, annulment or legal separation is to select an experienced divorce attorney who focuses on the area of family law. Your divorce is important. You do not want to choose a “jack of all trades” lawyer who is unfamiliar with the trends and laws in the State of Wisconsin. Attorney Linda S. Vanden Heuvel and Vanden Heuvel & Dineen, S.C. have received the highest rating in legal ability and ethical standards and are top-rated divorce, family law, custody and placement attorneys.

2.    Before meeting with a divorce lawyer, think of the questions that are important to you and should be answered in your first consultation. The most important question I ask potential clients is relative to their goals in seeking the divorce. Is custody and placement the biggest issue? Maintenance? Keeping the family home? It is important that you and your divorce attorney are on the same page.

3.    If you have already been served with divorce, legal separation or annulment pleadings, please provide them to your attorney at the initial consultation. Bring your prior divorce judgment, if applicable, as well as any temporary restraining orders or permanent injunctions. You should also be prepared with any prenuptial or premarital agreements between you and your spouse. Paternity and adoption orders are also of significance to your attorney. The attorney will also ask you for the dates of birth and social security numbers of all members of your family.

4.    One of the most important financial tools in any divorce action is your income tax return. The income tax return not only provides information regarding income from all sources, but also information regarding pensions, investments, business right offs, business expenses, etc. Try to provide at least the last three years of any personal and business income tax returns.

5.    Even your latest income tax return does not necessarily provide sufficient insight relative to current income. You should provide payroll stubs for you and your spouse for the last 12 weeks.

6.    If you have access to bank statements or cancelled checks, this information can provide a treasure trove of information regarding income as well as expenses. Is the mortgage being paid? Is money being spent on vacations? Is there a significant other in the picture? While this information does not have to be provided at your initial consultation, if you do file for divorce, annulment or legal separation, your bank statements and cancelled checks may be a significant part of any discovery process.

7.    Pension plan, 401k and IRA documents and statements also provide invaluable information. Because the tax rules only allow a certain percentage of income to be allocated toward retirement, it is sometimes possible to calculate income based on the percentage placed in retirement accounts. These assets are also generally marital accounts, subject to division.

8.    It will ultimately be necessary to provide a list of your assets to your attorney. Real estate information should include copies of deeds, mortgage statements, escrow accounts information, tax bills, etc.

9.    Be able to provide copies of any debts or liabilities. It is important to know in whose name the debts and liabilities are listed, as well as the underlying reason for the obligation. Credit card statements also provide insight into the spending habits of both parties, as well as the ability to pay for that standard of living.

10.     It may be possible to argue that the Court should deviate from a 50/50 property division because of you or your spouse’s premarital assets. Provide your attorney with a list of any premarital assets, including gifts that were made from any family or friends.

The above list is by no means comprehensive, but provides you with basic knowledge relative to the types of documents and information which will aid you in the divorce process.

For a FREE divorce consultation or additional resources, call 1-800-805-1976 or 1-866-LAW-HELP or 1-262-250-1976.

10 STEPS TO PREPARE FOR DIVORCE

How Long Do You Have to Serve a Divorce Summons and Petition?

In Wisconsin, the Petitioner has ninety (90) days from the date of filing to serve the Summons and Petition on the opposing party.

How Long Do You Have to Serve a Divorce Summons and Petition?

17 Secrets to Getting a Fair Settlement for Your Car Accident Injuries

 

SECRET #1: Ask a qualified, experienced personal injury trial lawyer to evaluate your case. You probably had a doctor evaluate your injuries. Doesn’t it also make sense to have a car accident lawyer evaluate your legal claim? The insurance company wants you to settle quickly in hopes that you’ll settle for far less than your case is really worth. An experienced car accident lawyer can help you by reviewing your file. He/she will carefully review the police report, doctors’ statements, medical bills, time lost from work and other information. Then he/she can give you an informed opinion about the estimated value of your case. If you’d like the attorneys at Vanden Heuvel & Dineen, S.C., top-rated car accident lawyers to evaluate your case, please don’t hesitate to call.

SECRET #2: If you decide to hire an auto accident lawyer, choose one who isn’t afraid to go to court. Insurance companies keep tabs on lawyers. They know which motor vehicle attorneys will take them to court–the fighters. And they know which lawyers will not go to court–the settlers. The fighters usually get more money for their clients than the settlers. Make sure you discuss your case with a skilled personal injury trial lawyer.  The car accident attorneys at Vanden Heuvel & Dineen, S.C., with offices in Germantown, West Bend and Sister Bay, Wisconsin, will protect your interests throughout your car accident injury process.

SECRET #3: Do not talk to anyone…except your doctor or attorney. You should always know who is talking with you. Be careful about speaking with the other insurance company and its adjusters or lawyers. You should also be careful when speaking even with your own insurance company, or to any lawyers hired by your insurance company, without notifying your attorney so that he/she may be present if necessary.

SECRET #4: If you are injured, seek medical treatment promptly.

  Tell your doctors about all of your medical problems. You should try hard to keep all medical appointments, and you should always tell your doctors about all your areas of pain. You should never exaggerate your symptoms, but you should also not minimize your ailments when talking with your doctors. Make sure you tell your doctor about each and every symptom. This is important to your treatment. If you see any other doctors, make sure that you tell both your current doctors and your attorney immediately.

SECRET #5: Conduct a complete investigation.

It is extremely important that your attorney collect all witness statements, police reports, medical reports and anything else related to your accident. Your case may require hiring private investigators or accident reconstruction experts. The other party’s insurance company will collect all sorts of information that may be used against you. You could be at a serious disadvantage if a thorough investigation to support your claim for damages is not conducted soon after the accident.


SECRET #6: Get photographs of all important elements in your case.  For example, if you are in a car accident, you should obtain photographs of your car and the car that hit you, the accident scene and your injuries. Photos are vivid evidence of what you experienced. Sometimes, a picture is worth a thousand words, and juries find photos to be powerful proof of your injuries. If you have taken pictures, inform your attorney and provide him/her with the photographs or negatives. If an investigator is necessary, Vanden Heuvel & Dineen, S.C., has several who work for us to conduct all aspects of the investigation.


SECRET #7: Don’t have your car repaired until you have taken photos of your vehicle’s damage. You don’t want to rely on photographs taken by the other party’s investigator. These people are trained to minimize the damage appearance in the photos. Take your own photos or tell us and we will obtain photos that properly show your damages. Also, if the other driver was clearly at fault and you have collision coverage on your own policy, you have two potential alternatives: either your attorney may insist that the other driver’s insurance company repairs the automobile–or you may submit the claim to your insurance company. Always consult your attorney to determine which choice he/she recommends.

SECRET #8: Don’t sign a release for your medical records to the other party’s insurance company.   Many accident victims make the mistake of signing a release for the other party’s insurance company. This gives the other party’s insurance company access to your medical records. The same is true for your own insurance company. However, in certain types of claims, your own insurance company may be entitled to your medical information. But the other party’s insurance company should NOT have this information because it may use those facts against you. Don’t release your medical records to any insurance company, or sign an authorization allowing an insurance company to get the records directly, until you speak with your attorney.


SECRET #9: Never plead guilty to any traffic offense before you consult with your attorney. Ask your attorney to evaluate your ticket or citation before the time and date set for the hearing. Pleading guilty to a traffic offense can affect your injury claim.

SECRET #10:  Keep the adjuster informed about the seriousness of your injuries. Now we get into an area where you must be very careful. You want to keep the adjuster informed. Yet, at the same time, you must be careful what you disclose to the adjuster. (See secret #8.) There’s a fine line between what you should and should not tell the adjuster. And, certainly, the circumstances of your injury will play a part in what you should reveal. It’s not possible to address this subject in one or two paragraphs. When we meet in our office we’ll be happy to discuss this issue with you and answer any questions.  Your best course of action is to hire a Vanden Heuvel & Dineen, S.C. car accident attorney before talking to any adjuster.

SECRET #11: Don’t let the insurance adjuster pressure you into settling your case. Adjusters use all kinds of methods to get you to settle for a smaller amount than the fair value of your case.  The insurance adjuster may try to get you to admit that the accident was your fault, or at least partly your fault. The adjuster may try to get you to give a recorded statement or sign a statement, either of which may potentially be used against you later at trial. Insurance company adjusters are trained to gather information that may be damaging to your case, and to settle cases for the lowest amount possible.

What’s more,don’t be surprised if the insurance adjuster is polite. His/her kindness may be a tactic to get you to settle for less than your case is worth–and to get you to settle soon, often beforeyou hire an attorney. The longer your file remains open, the more the adjuster will pressure you to settle.

The car accident attorneys at Vanden Heuvel & Dineen, S.C., can help you evaluate whether the insurance company’s offers are reasonable or unreasonable. Also, your attorney can file a lawsuit on your behalf if the insurance company refuses to make a fair offer to settle.

SECRET #12: Know all your damages. They include (1) cost of medical treatment, (2) pain and suffering for your injuries, (3) loss of income for time off work, (4) loss of business, (5) cost of a rental car, (6) cost of fixing your car, (7) cost for psychological counseling caused by stress or some other aspect of the accident, (8) cost of transportation to and from your doctor’s office–and possibly other money you paid or lost as a result of your injury. Keep an accurate record of all expenses and hours or days lost from work due to your injuries. Your car accident lawyer will get written documentation from your employer to verify the lost earnings.

SECRET #13: Keep all bills and receipts related to your accident. If you don’t save your bills and receipts, you will not be able to prove the amount of your damages. If you cannot prove the amount, you cannot recover for these expenses. Be sure to save everything: doctor bills, hospital bills, pharmacy bills, and all other bills you incurred because of your accident. Immediately give all bills to your personal injury lawyer, so he/she may deal directly with the medical providers on your behalf. Make sure you get a receipt for every bill you pay. Your attorney will also help you process payments through your own health insurance or under the medical payment provisions of your auto insurance policy.

SECRET #14: Know all your injuries. Many victims feel that if they don’t hurt, they aren’t injured. Yet injuries caused by accidents may not develop into symptoms for days–even weeks. Don’t be too quick to rule out injuries just because they haven’t yet appeared. This is why, at least early in your claim, you should not discuss your injuries or possible lack of symptoms with insurance company adjusters. (See secrets #8 and #10.)


SECRET #15: Know your sources for insurance coverage.   In many cases an injured victim can legally collect from two or three different insurance policies at the same time. Yet many accident victims don’t know where to look for various insurance coverages. Your car accident attorney at Vanden Heuvel & Dineen, S.C. will help you determine whether you can collect from more than one policy.

SECRET #16: Continue under your doctor’s care until your doctor releases you.   Many people stop going to their doctor when they feel better, before the doctor releases them from treatment. Make sure you continue going to the doctor until your doctor releases you! Your doctor knows the complications that could result from your injury. The type of injury may be complex and the mere fact that you are no longer in pain does not mean that your injuries have fully healed. If you can’t afford the continuing cost of treatment, you’re invited to call us to discuss your options.

SECRET #17: Consider and be prepared to file a lawsuit if the settlement offer is not fair. Insurance companies are not in a hurry to settle cases (1) unless they can settle the lawsuit for far less than it’s worth, or (2) unless they feel the pressure of the approaching court date. Insurance companies usually get serious about settling your claim if they see that they will have to start paying lawyers to defend your lawsuit. The motor vehicle lawyers at Vanden Heuvel & Dineen, S.C., will be more than happy to discuss the benefits and risks of filing a lawsuit and will make sure you understand all of the aspects before deciding to take this important step.

17 Secrets to Getting a Fair Settlement for Your Car Accident Injuries

Frequent Flier Miles Should Be Included In Divorce Property Division

Frequent Flier miles are considered marital assets and are subject to division in a divorce.  One party can be allocated the frequent flier miles at a mutually agreed price or the frequent flier miles can be divided with each spouse receiving points or you may want to request free tickets or other purchases rather than keeping the frequent flier miles.  This asset has value and should not be forgotten when determining property division.

Frequent Flier Miles Should Be Included In Divorce Property Division

Elder care abuse, neglect and exploitation. Nursing Home abuse signs.

The following are the definitions of abuse, neglect and exploitation of the elderly:

1.  Physical abuse

2.  Sexual abuse

3.  Emotional or psychological abuse

4.  Financial exploitation

5.  Neglect

6.  Self-neglect

7.  Abandonment

Elder care abuse, neglect and exploitation. Nursing Home abuse signs.

Elder Abuse or Elder Neglect or Nursing Home Abuse or Neglect Warning Signs

Obviously physical injuries or the ransacking of bank accounts are warning signs of elder abuse.  You should also be alert to signs of bruising or malnutrition, unusual financial activities or an unhealthy dependence on another.  An attorney should insist on meeting the elderly person who has been injured or abused and determine his or her mental and physical status.  The attorney must be alert for signals, verbal or physical, suggesting fear, excessive deference or anxiety

Elder Abuse or Elder Neglect or Nursing Home Abuse or Neglect Warning Signs