Determining Fault in a Personal Injury Claim

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Getting injured on the job or in a car accident can leave you struggling both financially and mentally. Making a claim is a necessary step in regaining financial stability and getting your life back on track, but it can get tricky when you weren’t at fault for the accident. Filing a claim with the negligent party’s insurance can make for a big headache and a longer recovery time as you wait for rightful compensation. Here is how fault is determined and how it impacts your insurance claim.

Proving Fault

If you were not responsible for the accident that caused you injury, you’ll need to prove that someone else is at fault. This means you have to provide evidence that shows they acted negligently and therefore caused the accident. Your proof may come in the form of statements from witnesses, pictures of the accident and a police report.

Proving Your Injury

Not only do you have to prove the other party’s fault, but you have to prove that your injury was directly caused by the accident that resulted from their negligence. It is best to seek medical attention as soon as possible after the accident (wait no more than 72 hours later). Doing so will get you a doctor’s report that can link the accident to your condition. Keep a copy of the medical report to show as evidence for your claim.

Proving Other Losses

Your injury may keep you from going to work, therefore crippling the wages you rely on for a living. You can earn compensation for these losses, too, by proving the salary and hours you would be earning if not for the injury. This plays into how much your claim is worth and how much you deserve after the accident. Medical costs like physical therapy and examinations can also be included in your total compensation worth.

Dealing With Insurance

You should never settle to early with an insurance company. They may try to pay you the least amount possible by taking advantage of the fact that you need money quickly. However, injuries may arise later that are related to your accident, and these can’t be included in your compensation if you’ve already settled.

If you’re unsure how much your claim is worth or whether you should wait to settle, contact an attorney, like a personal injury lawyer in Washington, DC from Cohen & Cohen, P.C. He or she can help you with your case and determine how to proceed so you get the most out of this unfortunate situation.

Want to get divorced fast? Here are the requirements in Washington state

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Once a couple in Washington decides to end their marriage, they may want to do so as quickly as possible. However, there are certain legal requirements that must be met for a couple to divorce.

There is a waiting period. In Washington, a person must be a resident of the state for 90 days following the petition for divorce before a divorce can be granted.

Washington is a “no fault” divorce state, meaning that the only grounds for divorce are an irretrievable breakdown of the marital relationship.

Assuming the residence requirement has been met, there are still certain procedures that must be followed before the divorce can be granted. The person filing for divorce must present to the court:: the most recent residence of each spouse, when and where the marriage took place, whether or not the spouses have separated legally, names and ages of children (if any), and residential or domestic arrangements that have already been agreed upon (if applicable).

A divorce filing must also include a statement with regards to the marital property and separate property, and whether alimony will be sought. Couples seeking a divorce in Washington may be able to do so relatively quickly, once the waiting period is over and especially if they have already agreed upon all their divorce legal issues.

However, sometimes they hit a roadblock in the process, whether it is a disagreement about a key divorce issue or other problem. This can hinder the divorce proceedings. Regardless, it may be useful for those seeking a divorce to consult an attorney so they understand not just how the divorce process works, but what their rights are.

Watch what you write your spouse in a text message

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Let’s say you want to take your kids to a wedding.

Your soon-to-be ex-husband says no.

You’re discussing it all by text message.

Now that you’re about to get a divorce, your text messages are under a microscope.  They are all also subject to a subpoena and discovery request, which means you might as well think of them as public.

When you first start working with an attorney here at Robinson & Hadeed, one of the first things we will have you think about is your communication with your ex or soon-to-be ex.  From time to time, we may even give you feedback on your communication. Crazy? No. Your communication has to be polite and accommodating.  Sometimes, you are too close to the situation to really see the way your text messages read.

I have seen cases where the wife writes: “You idiot, that is a f—-ing horrible idea.”

I let my clients know: You can’t send texts like that anymore.

When a judge sees your firm but polite texts, you will look like a nice person who just wants to go to a wedding. He, on the other hand, will look vindictive and mean spirited.

Watch what you write, be courteous at all times.  If you wouldn’t want it on a billboard in front of your house, don’t send it.

Why We are Fearless

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I may be practicing family law now, but in the past, I also did criminal law. Several times a week, I would be in front of a judge, fearless. Whether that judge is deciding who should get custody of your kids, or whether a repeat drug offender should return to jail, you always have to watch the judge for: What is it that they are thinking? They are just like other people, they are going to give away facial expressions.

Jeffrey A. Robinson and I are both fearless. We are not afraid to take your divorce or custody case to court if necessary. We also aren’t afraid of being tough negotiators during mediation. When negotiating, you have to be willing to walk away to some degree to get what you want. It’s not that you don’t want to settle.

If it’s in your best interest to settle, we will. The goal is to serve you, our client.

Sometimes maybe we can settle financial stuff. If we can’t settle the kid stuff, we go before the judge.