Legal Archive

When Disaster Strikes: Signs You Need a Public Adjuster

a Public Adjuster discussing the terms of an insurance to a clientAfter an unforeseen property damage or loss, don’t be surprised that your insurance company has experts to vouch for their side. Fire or natural disasters, such as a hurricane, flood, or winter storm, can take a toll on your life and it’s not like it prepares you to face it.

You have obligations and rights as an insured policyholder – and this includes hiring a public insurance adjuster in Florida to represent you. The question is how will you know if you really need one? Read on to find out.

You don’t entirely understand the depth of coverage and language of the insurance policy

Public adjusters are there to advocate for you, so they will do everything to help you recover financially. Insurance claims carry an array of complicated clauses, legal terms, issues, provisions, and processes that you will need to address to take full advantage of your settlement.

You need to prove, document, and file a claim

If your claim is big or consists of several complex factors, a public adjuster will help you make things easier. Keep in mind that your insurance company will also use an adjuster, but don’t be fooled. They work for the company and not for you, so they will prioritize your needs less. Your insurance company will incorporate a team who knows everything about your policy, including its coverage and exclusions. They will watch out for their own bottom line.

In this situation, getting the guidance and assistance of a professional would be the wisest decision you could make. Think about it, you spent most of your life improving your home or your business, and have paid noteworthy insurance premiums to protect it. Don’t think twice about hiring a public adjuster because they will handle your claim properly from the beginning.

The Lowdown on How Alimony Works in Colorado

Alimony written on an envelope with dollars.Alimony is usually one of the most contested topics in divorce. Also called maintenance, it’s the money paid by one spouse to support the other. Rules vary among states, and a new law changed its dynamics in Colorado in 2014. It provides a formula judges can use to award fair alimony.

However, any experienced Denver or Boulder divorce lawyer would say that it’s more of a suggestion than a standard. As it may be too early to look for reliable patterns to gauge how closely judges follow it, it can still be hard to anticipate outcomes.

Nonetheless, remember these truths about alimony in Colorado to set your expectations straight:

It Considers More Than Just Income

The newly developed formula helps calculate alimony based on income, but it isn’t only about the amount of money the prospective paying spouse makes. The judge also considers the prospective supported spouse’s health, age, and financial resources to decide on the award. When the supposed spouse is the one looking after the young children, the judge also factors in childcare cost.

It Doesn’t Always Apply

Getting alimony isn’t a guarantee. The judge may not award maintenance if the length of marriage is too short. After all, the advisory guidelines the new state law provides only does the math for marriages of three to 20 years.

Furthermore, the prospective supported spouse must prove lack of proper self-sufficiency financially to the judge. Otherwise, no spouse would support another after divorce.

It’s Not Forever

Alimony is only temporary. The judge measures how long the prospective supported spouse can get back on their feet and become self-supporting. Evaluating future potential earning capacity depends on income based on job history, education, skills, and local job opportunities.

Leaving the amount and duration of alimony in the hands of the judge is full of uncertainty. It’s always advisable to discuss and finalize this matter between the couple to make the process less stressful.

Child Support Following a Divorce: What You Should Know

child support colorful letters, gavel and cashDivorce is a complex procedure; it can put a serious physical and emotional burden on anyone. This is particularly true for cases wherein there are children involved. While the legal proceedings for marriage dissolution are complicated, it becomes even more so once child custody comes into play.

The Burnham Law Firm, P.C. stresses the importance of working with a legal professional who has considerable experience in handling child custody cases. Doing so will help you get through and cope with the divorce better. It will also give a better handle on child support matters.

You and your spouse’s financial responsibilities towards your children

All parents want the best for their children. However, a warm and loving home is just one of them. There are various expenses associated with raising a child, and it’s important that you have stable finances to ensure that you meet your little one’s needs.

You and your spouse have responsibilities to satisfy what the State of Colorado requires as adequate for child support. This means both of you should contribute. The question is how you should divide the expenditures.

As uncomfortable as the topic is for many, it is crucial for a child’s welfare. With the help of an experienced family attorney, you can ensure that your spouse will help finance the raising of your kids.

Determining child support: How it’s done in The Centennial State

Many factors influence child support computation in Colorado. The primary ones include the separate gross incomes of both parents, the length of time the children spend with each of their parents, and the requirements to raise a child safely in a healthy environment.

Child custody and child support are complex, so it’s best to have an experienced divorce attorney. With a legal professional by your side, you can make informed decisions for you and your child’s future.

Washington State DUI Laws: First Time DUI

car key hanging from a bottle of beer in the background is a drunk manGenerally speaking, an individual facing a charge of DUI for the first time in the Washington State would be able to have the charge reduced or even dismissed than an individual who has a prior DUI charge or conviction. While this isn’t definite, various factors could come into play that could help your case.

What You Stand to Face for a First DUI Charge in Washington

If your blood or breath test resulted in a blood alcohol concentration or BAC or .15, you might face home detention for 15 days or an entire day in jail and license suspension of 90 days as well as relevant administrative sanctions. You could likewise face a costly penalty of $350 in addition to other fees that could be around $900 to $1500 as deemed appropriate by the court. You’d also be on probation for at least five years, perform community service, and have to use an ignition interlock device for an entire year.

However, do note that these general penalties might be more severe if your DUI incident involved aggravating factors or allegations that might make the court believe that you’re a danger to others, warns a renowned defense attorney in Kent. Common aggravating factors include a significantly high BAC level, significant damage to property, underage driving, and injuries to minor passengers or pedestrians. Additional penalties might include wearing a SCRAM (SCRAM Continuous Alcohol Monitoring) bracelet and undergo drug and alcohol evaluation and treatment.

The Main Takeaway

Although it isn’t guaranteed that you could escape a DUI charge, because it’s your first offense, the chances are that you won’t be convicted. However, as mentioned above, there are plenty of factors that could impact your odds. That being said, seek help from a skilled DUI attorney to help make certain that your first DUI offense doesn’t turn into a DUI conviction.

Identify the Grounds: The Ways to Get a Declaration of Invalidity

Man and woman filed for annulmentCivil annulments and divorces are similar in the way they determine the marital status of a couple. However, the biggest difference between the two is that a divorce ends a marriage valid in the eyes of the law. On the other hand, an annulment declares a marriage invalid, meaning it never occurred in the first place. Each state has their own laws regarding annulment, knowing the grounds allow couples to determine the legal steps to take.

Grounds for the Invalidity of a Marriage

Before a person can acquire a declaration of invalidity in Colorado, they must be a resident for at least 30 days before starting the legal process. This is not applicable to couples married in the state. Spouses looking for annulment must also meet deadlines or statutes of limitation or else they will not obtain a declaration of invalidity.

Some of the grounds that allow a couple to get the declaration include:

  • If one of the spouses is physically incapable of having sex, the husband or wife must file for the declaration within a year.
  • If one of the spouses was incapable of giving consent because of intoxication or a mental illness, the husband or wife has six months to file for the declaration.
  • If the marriage was due to fraudulent acts, either spouse must file for the declaration within six months.
  • If the marriage was the result of a dare or joke, either spouse must file within six months.

These are only some of the grounds for getting a declaration of invalidity. Consulting with a family law attorney from Colorado Springs, CO allows couples to determine the next steps to take in the legal process.

What are the Effects of a Voided Marriage?

Some people have worries after annulling their marriage, one of which is the questioning the paternity of their child. This may be an issue in other states but not in Colorado, state law upholds the legitimacy of a child born from a void marriage.

A declaration of invalidity is different from divorce; the former deems a marriage invalid. Determine if this were the course you would like to take if you deem your marriage irreconcilable for whatever reason.

Avoiding the Most Common Causes of Car Accidents

Driver who just got into an accidentCar accidents happen more often. But it doesn’t mean you have to accept them as a fact of life. There are easy ways to avoid being involved in a road tragic road mishap.

Knowing the most common causes of vehicular accidents can help you find ways to avoid them. But if you do find yourself in an accident scene, you need to call your Springfield, IL auto accident lawyer immediately.

Rear-Enders

A rear-ender accident happens when a vehicle bumps the backside of a vehicle in front. The National Highway Transportation Safety Administration (NHTSA) says that this type makes up for 29% of all car accidents. Often, the driver that causes a rear-ender is distracted and does not have full attention on the road. Distractions include talking on the phone, smashing bugs on the windshield, and tinkering with the radio.

To avoid causing a rear-ender, always mind your surroundings, including other vehicles on the road. Put your phone away. Keep your eyes on the road and mind your speed.

Hitting a Parked Vehicle

Collisions happen even at the parking lot. You can avoid this accident if you are always mindful of your environment and the vehicle you are driving. Be careful when backing up. Don’t rely only on your backup cameras or rear view mirrors. It is also a good idea not to park too close to other vehicles.

Hydroplaning

Driving through standing water can affect the tires’ traction and grip on the road. This may cause you to lose control of your car’s direction due to hydroplaning. Thus, accidents may happen. Because your car doesn’t have full contact with the road, hitting the brakes may worsen the hydroplaning.

You can avoid hydroplaning by driving slowly when it is raining and after a downpour. When you slow down, your tires have a better grip on the road. It is also important to make sure that your tires’ treads are in good condition. Inspect them on a regular basis.

By knowing how to prevent the most common causes of car accidents, you can drive more comfortably and reach your destination safely.