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Can I Sue a Car Dealership for Lying?

Legal Assistant August 13, 2019Business Law, Consumer Law, Resources Leave a Comment

Buying a car can be a painstaking, all-day event. By the time your loan has been approved, and the paperwork is in front of you, you just want to sign on the dotted line, hop in your newly purchased car, and drive off into the sunset.

Unfortunately, this point in a customer’s car-buying process can be taken advantage of by the car dealership. Customers are typically fatigued by the time the countless pages of paperwork are put in front of them, resulting in signed agreements where the terms and conditions are not carefully read.

So what can you do if the car you purchased at the dealership is not what the dealership promised you it would be?

Auto Dealership Fraud

There are a few ways that car dealerships can fraudulently take advantage of a customer. These tactics can be easy to miss, so it is important to be aware of these warning signs:

Non-Disclosures – car dealerships are required by law to disclose any and all information related to the vehicle you are purchasing. Some dealerships may illegally withhold information about a vehicle if the information affects the desirability of the vehicle. For example, if a vehicle has been involved in an accident and the car dealership is aware of the accident but knowingly does not disclose this information to the purchaser, the dealership is committing auto fraud.
Affirmative Misrepresentation – this method of auto fraud is a more intentional process. Rather than withholding information, a car dealership adds or changes information to make the vehicle more appealing. For example, a car dealership may lie and say the vehicle has been taken care of through routine maintenance, or the car is new when it is used. This form of auto fraud is a deliberate approach of adding or changing information to make the car more desirable.
Spot Delivery (aka “Yo-Yo Financing”) – this is probably the most common method that car dealerships use in an attempt to get more money out of you. After you have worked out the term on your loan, signed the paperwork, and driven your car off the lot, you should not hear from the car dealership again. Instead, a car dealership may call you a few days or weeks later to notify you that there was a “problem” with financing your loan. The car dealership may tell you various reasons of why the loan was not approved, only to follow up by requesting additional money or a higher monthly payment. Car dealerships may say they have to throw incentives into the financing, such as a maintenance plan, in order for the loan to meet approval requirements. This is called spot delivery, or yo-yo financing, and it is a form of auto fraud.

Auto Fraud Lawyers Near Me

The good news is that if you have been a victim of auto fraud, there are many auto fraud lawyers who specialize in this very area. Finding an auto fraud lawyer in your area will be advantageous as your lawyer will know the jurisdiction’s laws, as well as the dealership with whom you are dealing.

Once you find an auto fraud attorney, you need to gather all documents drafted during the purchase of your car. Your lawyer will be able to sift through the endless pages of contracts and agreements to determine if there were any additional fraudulent occurrences. Your lawyer will determine the course of action to take to regain damages that were sustained during the deception.

Auto Insurance Fraud

Some car dealerships may also commit auto insurance fraud. Auto insurance fraud within a car dealership may mean the dealership’s repair shop replaces a car’s parts with a cheaper replacement and bills the insurance company for a more expensive part. Alternatively, the dealership may not have performed the repair work, yet they are aware of the faulty part replacement and do not disclose this information to the buyer. These are examples of auto fraud and auto insurance fraud.

If you get into an accident with a car that was purchased from a dealership that committed insurance fraud, you can sue the car dealership for auto fraud, as well as other damages sustained during the accident.

The best way to prevent becoming a victim of purchasing a car that has had faulty parts installed is to purchase a vehicle report, as well as pay attention to light indicators on the dash of the car.

Conclusion

One of the best ways to avoid being a victim of auto dealership fraud is to be vigilant. By the time you are sitting down to sign the paperwork, don’t let the salesman or finance manager rush you through the process. Take your time and read what is in front of you. Ask the salesman or finance manager questions about the loan, the history of the car, or the warranty information.

If you are purchasing a used vehicle, ask the dealership for a vehicle report. The vehicle report will show you when the car was serviced by a dealership or service shop, as well as any accidents or manufacturer recalls that were performed.

Before you leave, ask the finance manager if your loan has been approved. Try to get something in writing stating the loan has been approved. With this documentation, the car dealership will have a difficult time calling you days or weeks later in an attempt to bring you back to the dealership because of “problems” with the loan.

If the car dealership calls you and asks you to return to the dealership because the loan was unable to be approved, ask the dealership associate to give you details. Asking the associate questions regarding the lender of the loan and the reasons for disapproval will be difficult for the associate to answer if these claims are fraudulent. Ask them to send in writing the lender’s letter of disapproval of the loan for you to review and contact the lender personally.

If you have faced any auto fraud or auto insurance fraud during the purchase of a vehicle, contact a consumer law attorney to discuss your best option for the damages you have faced.

If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.

How to Start a Marijuana Business

Legal Assistant August 6, 2019Business Law Leave a Comment

11 States and the District of Columbia – that’s how many states have legalized the use of recreational marijuana. That number goes even higher to 33 states when you look at all the places that have passed or formulated laws that broadly make it okay to use marijuana in one form or another.

As things stand, more and more states are poised to get on this bandwagon, and as such, starting a marijuana business could be something that you might want to consider seriously.

Getting Your Marijuana Business License

There was a time, not so long ago when the term “marijuana business” was a term used of criminals looking to make money in an illicit black market for peddling drugs. People who grew, harvested and sold marijuana, also known as “weed” were considered shady and outrightly shunned in the society. Today, however, thanks to the many benefits of the different forms of weed to the human body and mind, this business is thriving and even getting legislative favors.

It has become a legitimate business complete with licensing. California led the way by legalizing weed in 1996. Since then, the industry has grown into a $2.7 billion behemoth with medicinal and recreational marijuana gaining popularity among the masses.

To get a license to operate a marijuana business in any State, you first need to contend with the state laws governing the different forms of weed.

Different Types of Marijuana Businesses

The first thing you need to understand about starting a marijuana business is that there are three main categories: cultivation, manufacturing of marijuana-infused products and retail sales. There are several other offshoots of these businesses such as delivery services, testing facilities, software, online services and selling of cannabis consumption devices.

Here is what you need to know about starting a marijuana business in each of these categories:

Cultivation: this is a heavily regulated category. Starting one needs you to have large initial investments and expert-level horticultural know-how
Infused Products: this sector is also quite regulated and will require some creativity to produce the best types of products such as weed edibles (preferred by many patients and users) or salves, tinctures and other forms of marijuana-infused products
Retail Sales: this is where more people looking to start a marijuana business will fall. This category isn’t that heavily regulated, requires you to jump through a few licensing hoops and as long as you have the funding and the supply, you are almost guaranteed to find the market, or it will come to you. Marijuana retail sales business is often referred to as a “weed dispensary”

General Factors to Consider Before Starting a Marijuana Business

While it is true that you will always find customers for your marijuana business, that doesn’t guarantee that it will succeed. There are many other factors that you need to consider before jumping into this type of business.

Opening a weed store or a grow house legally is a bit more complicated than opening and operating other types of businesses. This is mostly because the regulations and laws that govern this kind of business are fairly new and as such, almost always vary in some form of transition or other.

The following are the most important factors to consider before starting a weed business:

The cost of operation: costs will vary from location to location and from state to state. The main costs that you will need to figure into your calculations are the costs of licensing, utilities, supplies, rent, security, employee and marketing. You will also need to consider equipment costs as the type of weed business you decide to start might require specialized equipment.
Your residency: as things stand now, virtually everyone who holds a marijuana business license needs to be a resident of the licensing state. States such as Colorado will require you to have been a resident in the state for at least two years.
Associated risks: as is the case with every business, there are associated risks with starting a marijuana business. Some of these risks include an ever-changing regulatory environment and the lingering “criminal” nature of the business that still dogs the industry.
Criminal records: in many states, you can’t get a license to run a weed business if you have a criminal record.
Partners and investors: under federal law, weed is still illegal. Even though many states are quickly legalizing different aspects of this business, most investors are still wary of that fact and reluctant to invest in what they deem as an unstable legislative landscape.

Another thing to remember is that you may be forced to wait several months for your license to be approved – if at all. In some states such as California, it could take anywhere from 3 – 10 months, while in Washington you could be waiting for up to 18 months.

Step-by-Step Guide to Starting a Marijuana Business

First of all, you need to know that there are some regulatory licenses when it comes to recreational versus medicinal marijuana. That being said, every business follows the same fundamental process as a start-up:

Write your marijuana business plan: this is the same as any other business plan and outlines your goals, strategies and timelines for your intended business. This is the document you will use to shop for investors and partners.
Find the right location: state licensing requirements notwithstanding, there are still local or county zoning laws to contend with and these will greatly determine where you can set up shop.
Form a business structure and get licensed: you will need a formal business structure and a legal license to run your marijuana business. As already mentioned, the license might take months to obtain.
Get the business up and running: this requires that you comply with every legal requirement as well as tap into the needs of your preferred clientele.

Even though a business in marijuana seems to be quite popular, there is quite a bit of competition in this industry, and you could easily lose your customer base to the enthusiastic competition. Learn how to meet your clients’ needs and always aim to reliably provide them with the best product.

Is Travel Insurance Worth It?

Legal Assistant August 6, 2019Business Law, Resources Leave a Comment

Have you ever asked yourself, “what happens if I’m injured while traveling?” This isn’t something that many people think about when planning a trip. And why would they? No one plans to go abroad and get injured or sick. But if recent reports of American tourists getting sick on poisoned in the Dominican Republic are to be taken as a cautionary tale, these things can happen. This is where travel insurance comes into play.

What Is Travel Insurance?

Simply put, travel insurance is the kind of insurance that covers losses associated with traveling. You can get travel insurance whether you are traveling domestically or abroad.

Imagine getting injured while going up MT. Kilimanjaro in Tanzania and needing to get medically evacuated to the nearest medical center. Once you get there, you need to be hospitalized for a couple of days while the rest of your trip is cancelled, your initial return flight is rescheduled, and you have to figure out a way to safely get you back home. Bear in mind that this was a week’s long safari package that you had already fully paid for?

Are you going to get your money back?
What about the flight rescheduling, who is going to pay for your original cancellation?
What about your medical bills? Does your medical insurance back in the States cover medical care in Tanzania, Africa? Probably not.
In the wake of your getting injured and medically evacuated, did you lose your gear? Who is going to pay to replace that?

The sheer number of things that can happen on a trip are as astounding as they are scary. That is why you may find that you need travel insurance. The right kind of insurance will cover most of the cost of those losses, thus leaving in a better financial position.

What Does Travel Insurance Cover?

While every type of travel insurance coverage is structured differently, there are four major aspects of your travel that the best travel insurances cover. These include:

Trip cancellation and/or interruption coverage

If you book a trip in advance (as is advisable), there are often times certain aspects of that trip that are deemed non-refundable should you choose to cancel your trip for whatever reasons.

Trip cancellation insurance, also known as trip interruption insurance, offers you some protection against these loses. Every insurance companies determines how much of your trip they will reimburse as well as what constitutes reasonable cancellation causes. The most acceptable reasons for cancellation are sudden illnesses, sudden business conflicts, death in the family and weather or travel-advisory related issues.

Baggage coverage

The loss of baggage and other personal effects is a common problem among travelers. This can either happen at the destination or on the flight to and from the destination. In many cases, you will find that the airline you use will be willing to reimburse part of the loses if the fault was there.

The same applies to hotels and resorts in your destination. Baggage and personal effects coverage is just an additional safety net in case all other options fail to be useful enough. This is one of the main reasons why people get travel insurance.

Travel health insurance

Now, this is the main reason why you should definitely consider getting travel insurance. There is a good chance that your typical medical coverage will not cover the local hospital in Honduras should you fall ill there or need a medical emergency response. Throughout the world, Medicare is one of the most expensive policies.

There are short-term travel health insurance covers that cover travelers from five days to about a year, and there are major travel health insurances designed for travelers who intend to be on the road for more than six months. The best thing about travel health insurance is not just that it helps with the associated expenses (which can be considerable), but many also go a long way to locate the best healthcare facilities and doctors in your current destination.

Some even go as far as finding you foreign-language services. There are some that will cover medical emergency airlifts as well. It all depends on the package you choose and how much you want to spend on it.

Flight accident and accidental death coverage

Do you have any idea how expensive it is to transport a body by air back home? You could spend thousands of dollars and weeks of red tape before you can get anything moving. To protect your family against this unfortunate occurrence, taking out an accidental death or flight accident coverage is the best option. This coverage may not be necessary if you have a good life insurance plan, but the payouts will be in addition to that of your life insurance, so it’s always a good idea.

Travel Insurance Reviews

Should you decide that travel insurance is good for you, which is the best travel insurance to choose? Do you go for the American Express Travel Insurance or should you find a dedicated provider who does only deals with travel insurance such as Travelex? The truth is that it all depends on your particular needs.

All good providers cover the basics of travel insurance and have different packages for everyone’s needs. These packages come at different prices too. Here are some tips that will help you decide what kind of travel insurance you need:

Determine the kind of trip you want to take
Decide what kind of coverage is important to you (if you are taking $150 worth of luggage with you then maybe the baggage insurance cover isn’t exactly worth the trouble)
The devil is in the details (as is the case with all insurance covers you need to know what is covered and what falls under excesses)
Check the terms and conditions, always

So, is travel insurance worth it? Absolutely. If for nothing else than the mere fact that it saves you from all the associated bureaucracy and red tape that comes with the territory should you lose your luggage, need medical cover abroad or unfortunately get an accident on your flight. The little extra you pay on your travel insurance package is for your peace of mind, and you simply can’t put a price on that fact!

What Do VA Disability Lawyers Do?

Legal Assistant August 6, 2019Personal Injury Lawyers Leave a Comment

Despite all the good work that they do, the Department of Veterans Affairs (VA) often gets a bad rap for being impossible to navigate, full of red tape and sometimes downright negligent. Veterans such as yourself dealing with the VA might actually consider getting some assistance in the form of VA disability lawyers; however, before you go hiring yourself one, it’s best to find out what VA disability lawyers do and how they can help you.

Do You Need a VA Disability Lawyer?

For the most part, no. When you are just applying for your disability benefits from the VA, you may not need a lawyer. In many cases, you can simply rely on agents of your preferred veterans service organization to help you navigate those waters.

You will need a VA disability lawyer if you have already applied for your disability benefits and for whatever reason got a denial letter in reply. You would also need a disability lawyer to deal with the VA if you need to file an appeal for any case dealing with the VA or you need a discharge upgrade in order to qualify for your VA benefits.

Simply put, the only reason why you would ever need to hire a lawyer is when you believe that the VA has erroneously denied your claim or you need an expert to help cut through the red tape in order for you to qualify for VA benefits.

What Does a VA Disability Lawyer Do?

Much like every other lawyer, your VA disability lawyer’s job is to get you the best deal possible. The only difference here is that your lawyer will be dealing directly with the VA as opposed to private companies or individuals. While it is true that there are organizations set up to help veterans get their due, these organizations, much like the VA itself, are overrun and understaffed. This means that they are focused on processing as many claims as possible without paying personalized attention to details.

Your VA attorney will focus on working directly with you. This means that your lawyer will:

Spend time listening to you explain the problem
Look at all possible recourses to get that problem resolved
Go through all the necessary red tape to get your problem resolved
Chase after the VA on your behalf
Get your application processed successfully as quickly as possible

As unfair as it might sound, both the VA and the CAVC (United States Court of Appeals for Veterans Claims) often treat a claim with a bit more care when it’s filed by a claimant who is represented by qualified VA counsel.

Additionally, the right VA lawyer can help:

Bring class action lawsuits against the VA
Get you higher VA disability rates
Get your VA disability back pay processed

In case of a VA class action suit, you might need a team of VA lawyers who are willing to put in the work and get your group the settlements they deserve.

How Much Do VA Disability Lawyers Cost?

While there are pro-bono services such as National Veterans Legal Services Program (NVLSP) and the Veterans Consortium Pro Bono Program, hiring a lawyer that will deal with your case because it has some monetary value to them is always a good idea if you want speedy and satisfactory results.

The first thing you need to know is that lawyers are legally forbidden to charge you any money if all you want to do is file a disability claim with the VA. For that reason, most lawyers won’t even look at your case unless you have already filed for your benefits and are intending to appeal the verdict. Once you engage a VA disability lawyer, these are the kind of fees you can reasonably expect to face:

Disability Benefits Appeals

For handling your appeal, the VA lawyer can charge anything between 20% and 33½%, no more! The good news is that these fees are only applicable if you win the appeal and are awarded your benefits. In many cases, these fees will be deducted directly from your lump sum payment from the VA.

Discharge Upgrades

This is a different matter altogether. When it comes to discharge upgrades, your lawyer can set his/her own fees, and they often charge these fees upfront. This means that you will have to pay them the amount before they begin your case. How much a lawyer can charge you will depend on the lawyer and you may have to shop around a little bit and go by reputation.

Choosing the Right VA Disability Lawyer for You

It’s important to note that there are different types of VA attorneys who specialize in different cases. For example, veterans filing a claim for sexual trauma cases need to talk to a lawyer who will be sensitive to their plight and as such need a lawyer who specializes in Military Sexual Trauma cases.

In this case, the best place to start is to look at Service Women’s Action Network, which does an excellent job referring both female and male veterans who need lawyers who are familiar with these cases to the right attorneys.

Regardless of the case, it’s important to find a VA lawyer who meets the following criteria or answers positively to the following question:

VA-accredited counsel
Has been practicing veteran law for a reasonable amount of time and has the right know-how, influence and connections
Has a stellar track record

If you don’t know where you to start, you can always look at the NOVA (National Organization of Veterans Advocates) website for excellent leads. Once you get the right lawyer, it’s often a good idea to take your time to talk to that attorney to get a feel of whether or not you will be a good match.

Sometimes, even though the lawyer might be qualified, they just might not be as sensitive to your particular issues, and that will inadvertently negatively impact the possible outcome of the case. Be as open and forthcoming as possible with your VA attorney for the best results.

Why Oil Rig Explosions Happen

Legal Assistant August 6, 2019Maritime Law, Personal Injury Law, Resources Leave a Comment

It’s an accepted notion that accidents happen. However, when these accidents happen in highly skilled and specialized environments such as on oil rigs, it’s only natural that you might have some questions. Why do oil rig explosions happen? Is there anything that can be done about them and what legal recourse do you have?

If you have or a loved one has been injured in an oil rig explosion, there is a chance that you could be compensated for the loss or the trauma. First, however, the cause of the explosion must be determined.

Oil Rig Explosions Today

Perhaps the most famous of oil rig explosions today is the Deepwater Horizon oil spill that happened in the Gulf of Mexico back on April 20, 2010. Also known as the “Gulf of Mexico oil spill”, Deepwater Horizon was located approximately 41 miles off the coast of Louisiana.

What Caused the Deepwater Horizon Oil Rig Explosion?

As is the case with most disasters, there was a series of unfortunate events that led to the explosion of Deepwater Horizon oil rig, which was owned by Transocean, an offshore-oil-drilling company and leased by BP.

Documents indicate that a surge of natural gas forced itself through a concrete core that was installed in order to seal the well so it could be used later. As it turns out, this incident had occurred before another BP owned oil rig in the Caspian Sea back in 2008. The theory is that both these cores were just too weak to withstand the pressure of the gas since they were both made out of a mixture of concrete where nitrogen gas was used to accelerate the curing process.

Once that gas broke through the concrete, it traveled up the rig’s riser all the way to the platform and ignited. It killed 11 workers and injured 17. Two days later, on April 22nd, the rig capsized and sank. In doing so, it ruptured the riser eliminating the opposing force that was keeping oil and natural gas from rising. This resulted in a massive oil leak that was estimated to peak at about 60,000 barrels per day into the Gulf of Mexico.

The Oil Rig Explosion on Lake Pontchartrain

On Oct. 15, 2017, there was yet another oil rig explosion that occurred on a Clovelly Oil Company platform on Lake Pontchartrain. This accident left seven workers injured and one missing, presumed dead. The fire is believed to have been ignited accidentally by a cigarette, electrical short, friction or some other unknown source that interacted with the natural gas that fed the pipeline which powered the electric generator on the platform.

Oil Rig Explosions List

Apart from BP oil rig explosions, there have been several other explosions over the years. Some of the most notable include:

The Piper Alpha disaster in the North Sea, UK: happened in 1988 and killed 167 people (the deadliest oil rig explosion in history)
Alexander L. Kielland, North Sea, Norway: happened in 1980 and killed 123 people
Usumacinta Jack-up disaster, Gulf of Mexico: happened in 2007 and killed 22 people

The list is extensive which goes to show that despite the great care and expertise shown and required on these rigs, accidents do happen and the sad fact is that oil rig accidents are often very big and deadly.

What are the Common Causes of Oil Rig Explosions?

The common causes of oil rig explosions today vary. In most cases, they fall under four main categories:

Oil Rig Fires
Blowouts
Equipment Failure
Negligence

These, unfortunately, are the inherent dangers that come with working on an oil rig. That, however, doesn’t mean that people need to shy away from working on these platforms. Should you or a loved one be unfortunate to get injured in an oil rig explosion, there is legal recourse.

What are Your Rights Under the Jones Act?

The Jones Act or the Merchant Marine Act of 1920 is protectionist legislation that provides sailors with certain legal rights should they get injured while working on sea vessels. The Jones Acts provides sailors with the ability to seek damages from the shipowner, captain or even crew in case of injury.

The Gulf of Mexico, which now has over 4,000 oil rig platform (25% of which are manned), has become one of the top producers of oil in the world. As such, the region attracts a lot of workers who have to work long hours under harsh conditions while operating heavy and dangerous machinery. Inevitably, accidents are going to happen, and when they do, these workers need somewhere to turn for legal recourse. That’s where the Jones Act comes into play.

While it is true that significant safety regulations have been put into place to protect workers, there is only so much the U.S. Occupational Safety and Health Administration (OSHA) and the Bureau of Ocean Energy Management, Regulation and Enforcement (BOEM) can do.

Since most of the accidents that have resulted in oil rig explosions, deaths and injuries have been attributing to human error, it’s essential for every oil rig worker to familiarize themselves with their right as per the Jones Act.

The Jones Act was essentially enacted to protect workers against the negligent actions of other crew members, vessel owners and supervisors. This means that if any worker gets injured when working on a sea vessel under unsafe conditions, then that worker can sue for compensation under the Jones Act. Under this act, you can sue whether:

The oil rig explosion caused you permanent disability
Faulty equipment caused you harm
Your injuries were caused by the negligence of another crew member or supervisor

If you believe that you fall under any of these categories, then you should contact one of our qualified lawyers to give adequate representation under the Jones Act. You could very well be entitled to compensation. Our experts will conduct a thorough investigation to highlight what led to the injury and engage all parties involved to get you a fair settlement as per your injuries or disabilities.

How to File for a Divorce

Legal Assistant July 18, 2019Divorce Law Leave a Comment

Divorce is a difficult time, and it can be made even difficult because you might not know where to start. It’s a tough, chaotic time, but we hope this article will be able to help you through the trying process of filing for a divorce.

The first thing to do is look up the divorce procedures in your home city or county (depending on if you live in the US or not). Doing a little google searching can go a long way.

Figure out any minimum residency requirements. Some US states require you live in a place for six month or longer in order to file for divorce. However, your spouse might not have to live there for you to file.
Most likely, you will have to file in the area where you live, not in the state where you got married (if they’re different). Sometimes, couples marry in other states for legal reasons, such as same sex couples. If this is the case, exceptions are sometimes made to accommodate the couple.

Consider how children, pets, and other assets will be split.

Divorce can be messy and feelings hurt and sometimes, one or both party may not be particularly easy to negotiate with when it comes to division of assets. Together, decide on custody and child support arrangements for children and who gets what property. A divorce mission statement more clearly outline what each of you wants and expects to come from the separation. Remember to try to consider the best interest of the others involved (ie pets and children), and avoid using your family as pawns in a conflict with your ex spouse.

Decide on the right divorce lawyer. Or if you even need a lawyer at all.

spouse don’t have children and don’t contest any property right, then you could instead try to find an experienced divorce mediator. That way, you have an unbiased third-party that can help you and your spouse decide how to split your assets.

However, if you do decide to get a divorce lawyer, find one that’s local, in your price range, and is willing to work with your case.

Should you decide to hire a lawyer, acquire financial information before meeting with them. Document your assets like real estate, bank account, and personal property information, but also any debt, such as mortgages and any outstanding joint credit card debt you may have.

Meet with your lawyer and discuss any questions you may have. You should each present the ideal outcome for, provide necessary documentation or assets and debts, and prepare questions specific to your divorce to ask your lawyer. Don’t feel silly asking questions, divorce is a legal process and you have employed this person to help you through it. Even if you want to represent yourself, talking to a lawyer can clear up and preliminary confusion you have and help you get started on the divorce process.

Fill out your court forms. Either visit the courthouse in person or obtain the right documents online. The spouse filing the divorce is called the “Petitioner” and the person receiving the petition is the “Respondent.” In a no-fault divorce, you’ll be filing because of “irreconcilable differences.” For anything else specific to your situation, fill out the information completely and to the best of your abilities. When in doubt, contact your divorce lawyer for clarification. To ensure a smooth process, make sure to correctly complete your forms and again, if unsure, consult with your lawyer.

“Serve” the papers to your spouse. This is notifying your spouse that you filed the divorce petitions. Until your spouse has the papers, the court can’t move forward with processing the divorce. If you need it, you can find a “server” to give your spouse the papers. Legally, you can’t serve the forms yourself. However, any person over 18 years old can serve them as well as professionals or a member of law enforcement. The forms must be delivered physically in person, but some cases allow mail if that was agreed upon with you and your spouse. Once delivered, the server should fill out a Proof of Service form, which you should copy and file with the courts.

After filing the petition, Disclose Finances to the Court. Both parties must disclose financial information so the the court can move ahead. In some cases, a formal document called a Declaration of Disclosure is necessary, especially in cases where there are a lot of assets or one major bread winner in the household. Otherwise a more simple financial statement may be sufficient. You lawyer will be able to advise on which option which one would be right for you. In either case, though, you’ll have to attach your tax information.

Once more, you must serve your spouse the financial disclosure forms. Your spouse should serve the final disclosure forms to you too, to show that you’ve agreed on which assets to split/how to split them. Make a copy of these forms (both sets), as the court won’t retain these in their files. These are just for your records should a property or asset dispute come up in the future.

Create an agreement with your spouse. Your lawyer can help you write up a statement regarding how which assets are split. Ensure to notarize this document to make it legally binding.. If your spouse avoided filling out your Declaration of Disclosure or responding to your petition after thirty days, you will have to fill out your final forms without first writing up the agreement.

With that, fill out the final forms. These forms regard child custody and child support, assets and debts, and other specifics of your situation, as to custody of pets etc. Your lawyer can double check these forms to make sure they’re accurate and complete. As always, copy and file these with the court.

After the long divorce process, with lots of forms and filing, all you’ll have to do now is wait to receive your judgment. The court will notify you of any final steps, if any you need to take to make your divorce legal. If you and your spouse are happy with the decision, that will be it. In the difficult situation where the divorce in contested, a court hearing may be required.

Divorce can be emotionally and mentally draining, as well as confusing. Not only do you have to start rebuilding your life, but you can get caught up in administrative details, keeping you constrained in an unhappy situation. We hope this cleared up any confusion and that you now feel better prepared for the divorce process.

Choosing Divorce Lawyers

Legal Assistant July 18, 2019Divorce Law Leave a Comment

Among all the confusion in divorce, picking a law firm may not be your top concern. While a divorce lawyer is not absolutely necessary, a lawyer can make the whole process go a lot smoother, especially if you have no prior legal experience. Finding the right lawyer can be difficult, but after this article, you will be able to navigate the divorce lawyer field.

Here are a few things to keep in mind when finding the right divorce lawyer, or divorce attorney, for you.

Take Stock of Your Situation

All divorce cases pose their own unique circumstances and challenges but some divorces can still run quicker than others—and your case is no different. For example, if you and your spouse don’t have children and aren’t completely financially entangled, you might not need a lawyer at all. In particular, if your spouse is cooperative, hiring an experienced mediator offers the quickest, cheapest method of splitting assets in a way that pleases you and your spouse. However, if you’ve thoroughly mixed finances and assets or had children, a divorce lawyer will know the legality of splitting these issues better than a mediator. If that sounds like you, proceed with finding a good divorce attorney with these next steps.

Understand What Your Lawyer Is For

Every divorce case is difficult, no one can argue that. But the point of a divorce is to legally dissolve all assets and resolve custody issues between you and your spouse. Your divorce lawyer is there to aid this process. It will be tempting to talk to your lawyer about your emotional process during the divorce process, but the lawyer is not only not trained for this but will still be on the clock whenever you talk to them. Divorce lawyers have seen it all, but they haven’t seen a therapy degree. Save time and money and keep meetings with the divorce lawyers solely on the divorce process.

Set Up Goals and Expectations

What do you want from this divorce? Obviously, to get divorced from your spouse. But you should also try to make the process go quickly and easily, avoiding lifestyle depreciation in the process. Discuss with your lawyer what assets or custody rights you want the most out of your divorce.

Set Up a Budget

Like with all divorce cases, finding the right divorce lawyer means finding someone who can operate within your budget range. Different firms will offer different rates, but this doesn’t necessarily mean that the most expensive lawyer will do the best job considering what you want to get out of your divorce. Do some research and try to establish what price range (and thus lawyers) you can work with.

With that, continue with choosing the right person.

Look Up the Lawyers in Your City and County

Seeing local lawyers reduces travel time, which cuts subsequent travel costs. Besides, local lawyers understand the legal system specific to where you live, helping you navigate the legal nuance of divorce in your region. Ask friends for any recommendations, call up local divorce law firms, or do some quick google searches to find potential lawyers.

Pick Your Top Three Lawyers

Once you’ve found someone in your region, taking into account your budget limitations, choose the top three lawyers who look the most promising. Depending on your situation, you might need someone with family law expertise or someone with a more financial background. Regardless of lawyer specifics, a good lawyer will be someone who is knowledgeable in the divorce process in your area, communicates well, negotiates better, and solves problems creatively.

Interview Your Lawyers

While a lawyer will do their job no matter what, get a lawyer you personally like to save yourself a headache. If the lawyer cares about you as a person, not just another client, they should be happy to answer a few questions before you decide to hire them. The best lawyer will have your best interest in mind, but keep in mind that there should be a few things to look out for.

Ask Questions

What kind of history does the lawyer have? How long have they been practicing? What is their expertise and what kind of clients have they dealt with in the past? A lawyer’s past professional history helps you understand how they’ll be able to help you. And if this is your first divorce, use the interview time to get a better picture on what the divorce process as a whole is like. There’s nothing wrong with asking questions and feel fully empowered to do so. When it comes to understanding divorce, less knowledge is not more.

Watch Out for Red Flags

While divorce tilts your life, the divorce process is just another day at the work for the lawyer. From this, lawyers might try to shift your divorce into their area of expertise. When interviewing your lawyer, notice if they get constantly distracted by phone calls or emails. Do they try to rush you or seem like they’re selling you something? Do they talk about past clients casually or divulge confidential information? Chances are, they’ll do the same to you. A lawyer who won’t respect you outside of court probably won’t respect you in it. Remember, your divorce can have major implications on your life, and if your divorce lawyer in any way takes that lightly, they’re not the right lawyer for you.

Decide On the Right Lawyer

Taking all aspects of your situation into consideration, and after interviewing your potential lawyers, pick someone who you feel most comfortable with. This person should be local, a good negotiator with a great track record, and has a philosophy towards divorce that is similar to yours. They give you their sole attention and will respect you in and out of court, and you’re confident that they will represent you well. You can rest assured knowing that the divorce will proceed smoothly.

Be prepared to do further research based on specifics of your divorce, such as child support, custody rights, and ownership of unique assets. Divorce is murky and difficult to navigate, but after reading this article, you’re now able to pick the right divorce lawyer to help you through it.

What You Need to Know about Free Divorce Consultations

Legal Assistant July 18, 2019Divorce Law 4 Comments

It can be a tricky process when you’re out there searching for the best divorce lawyer for your case. It can be confusing and getting a divorce is rough enough as it is.

As we’ve discussed previously, there are things you need to look out for when you hire a divorce lawyer. Going to a consultation with a divorce attorney or lawyer can make or break the deal in the whole divorce process.

You need to treat each consultation like an interview. You need to be prepared before you walk through that door with every question that’s been replaying in your mind written on a sheet of paper.

Free consultations are now offered by most reputable and affordable divorce lawyers out there. You shouldn’t be forced to pay a fee just to discuss if a lawyer can help you or not.

This article is meant to help you be prepared when you go through your consultation, whether in person or on the phone.

What Does a Free Consultation Consist of?

For the services a divorce attorney offers you during the entire divorce process, you’re either charged by the hour or a flat fee. However, so that you find the right match for your needs, divorce lawyers are now offering a free initial consultation for possible clients.

This also gives the lawyer a chance to decide if you’re a right fit for them. They have to worry about clients who no intentions to pay their fees and clients that they just aren’t able to help. It’s just as important for you to find the right attorneys as it is for the lawyer to find the right client.

A free consultation is when a lawyer sits down with you to discuss your divorce and the nitty-gritty details. You’re going to get very personal with this lawyer. Some lawyers will offer you a free consultation over the phone if it’s more convenient for you.

These meetings will usually run from a half an hour to an hour, depending on the lawyer.

After hearing your side of the story, they can offer you vague advice and how they feel your case will go. They may also inform you of your legal rights that you might not be aware of. If they have a strategy in mind, they may tell you the main points of how they can help you.

This meeting will be free of cost.

What Information You Need Before Your Free Consultation

A List of You and Your Spouse’s Assets

It’s very important to have a list of you and your spouse’s assets when you walk into your meeting. This can include your bank accounts, your debts, vehicles, pets, and mortgages. Your list should include any and all assets that you both have accumulated during your marriage.

All this information gives the lawyer an idea of what you’re fighting over. It also gives them a chance to foresee any future issues you may have to try to come to a settlement. This includes details of your income. This gives the lawyer an idea of what you may have to pay in alimony or child support. Or an idea of how much money you may receive from your spouse.

Discuss Legal Fees

One of the first things you want to discuss is the lawyer’s legal fees. Once they’ve heard your situation they should have an idea on how much your case is going to cost. These factors depend on whether or not it’s a contested divorce or uncontested divorce as well as if the custody of a child is involved.

Some attorneys may try to skip over the cost of their services because they don’t want to scare you away as a client.

You might have to bring up the subject yourself.

You’re Going to Have to Get Personal

If you’re going through a nasty contested divorce, you might want to shy away from unloading the personal details of your marriage to your lawyer. Don’t be shy or embarrassed. They deal with divorces every day, they know the drill.

You’re going to want to bring up if someone had an affair. You’re going to need to talk about your spouse overspending or battling with addiction. Your lawyer needs to know all the details up front to get an idea of what they need to fight or what they can do for you.

Remember: Everything you tell the lawyer, even during a free consultation, is confidential.

Divorce Lawyers in Texas with Free Consultations

Law Office of Nancy H. Boler

Houston (832) 539-4689

The Law Office of Nancy H. Boler offers a free consultation for your divorce needs.
They practice law in the Houston area.
This law office is dedicated to you and your family needs. They get to know you on a personal level so they can fit your personal divorce needs.

Law Office of Bryan Fagan

Houston (281) 810-9760

The Law Office of Bryan Fagan offers free consultations for divorces and family law.
They practice law in Tumball County and surrounding areas.
Bryan Fagan is an elected member of the College of the State Bar of Texas.
This law office is dedicated to giving you the highest standard of quality in family law.

C.E. Schmidt, Attorney at Law

Houston (281) 550-6650

E. Schmidt Attorney at Law offers free divorce consultations.
They practice law in Austin County, Brazoria County, Colorado County, Fayette County, Fort Bend County, Galveston County, Harris County, Liberty County, Montgomery County, Travis County, and Waller County.
They have an expansive knowledge of divorce and family law and their mission is to provide you the best lawyers for your case.

The Bottom Line

Free consultations can be the deciding factor on who you hire as a lawyer. Take advantage of the time you spend in the meeting to determine if the lawyer can help you with your divorce.

What You Need to Know about Divorce Lawyers: Affordable Divorce Lawyers in the U.S.

Legal Assistant July 18, 2019Divorce Law Leave a Comment

Going through a divorce can be traumatic, chaotic, and just plain stressful (emotionally and financially). You have to decide how to divide up your property, from your home to your music collection—that’s before you even start thinking about child support.

You have to fight for equal custody if you have children and you might even be put in the position to fight for custody over your shared dog.

You want to make this hectic time in your life as less stressful as you can. That’s why it’s so imperative to hire an affordable but tough divorce attorney.

But you don’t want to hire the first divorce lawyer you come across. You want to make sure they are credible, have an excellent background, and have the qualities you need for a less painful divorce.

This guide is to help you pick the best lawyer to have you on your side as well as some of the factors you need to consider before you hire a divorce lawyer/divorce attorney.

What to Look for in a Divorce Lawyer

1. A Contested Divorce vs. an Uncontested Divorce

Whether you have a contested divorce or an uncontested divorce can help you decide what lawyer you need and how affordable your divorce will be in the long run.

An uncontested divorce is when you and your soon-to-be ex-spouse agree on everything, such as child support and spousal support down to the last detail. These are peaceful divorces where you only have to deal with the hurt of your separation with your loved one.

You don’t have to battle tooth and nail over everything you’ve accumulated during the marriage. With an uncontested divorce, you usually pay a flat and cheaper fee than if you have to deal with a contested divorce. Since you don’t have to deal with settlements or arguing, the process is much faster.

A contested divorce is a longer and more painful process. This means you and your spouse are having disagreements on child custody, alimony, debt, or splitting up the property. You may even be arguing about getting the divorce.

A contested divorce is going to be more costly and take a long time to complete. In most cases, both of your lawyers will try to settle out of court. This will take both you and your spouse to give in to each other’s demands or come to a compromise on different subjects.

In the worse case scenario, you will end up in court in front of a judge.

For a contested divorce, you’re going to need a lawyer with a superb background for settlements.

Your divorce lawyer should have separate legal fees for contested divorces versus uncontested divorces.

Check their history. See if they’re able to get through an agreeable mediation so you don’t have to end up in court.

2. The Lawyer’s Specialty

You can’t hire just anyone with a law degree to assist you during your divorce. You need a lawyer who specializes in what you’re looking for, someone with expansive knowledge in divorce.

You need a lawyer who specializes in divorce no matter what you’re told. If you’re dealing with a contested divorce, you need someone with intimate knowledge in family law—especially if you’re in the unfortunate position of fighting for custody of your children.

There are law firms out there that will send you a lawyer who specializes in something entirely different, like bankruptcy. These lawyers may be great in their fields but they don’t have the intense knowledge of family and divorce law that you’re going to need.

Consultations

More and more lawyers are offering free consultations for divorces. Your consultations is not only a meeting to find out what they can do for you but also a time to interview them.

You don’t want to hire the first lawyer you speak to. You want to look around for a lawyer to fit your needs. This is why consultations can be so important. Use your consultation to interview the lawyer. Make a list of your questions and any concerns you may have before the meeting.

Don’t be afraid to take a close friend or family member with you so there’s an outsider analyzing the lawyer as well.

Make sure the lawyer you’re dealing with answers your questions thoroughly. They should also explain the situation and the strategy they have for you in terms you can understand, not in legal jargon. Confirm the legal fees and confirm that you will have one lawyer dedicated to your divorce. You don’t want a firm that will pass you from lawyer to lawyer so no one knows the details of your situation.

How the lawyer answers your questions will determine how hard your divorce lawyer will work for you. If they dismiss your questions, you’re going to want to move on to a different person.

The Top Affordable Texas Divorce Lawyers

Law Office of Marx, Altman, and Johnson

Dallas (469) 518-3357

Fort Worth (817) 886-4479

They practice divorce law in the Dallas and Fort Worth areas.
They offer free consultations, payment plans, and affordable flat fees.
Rodrick D. Marx started his practice in 1992, specializing in divorce and family law only.
Marx has expanded his office to include divorce lawyers Aaron Benter, Richard Johnson, Max Lisle, and Victoria Weaver.
They stick to values and fight for the best outcomes for their clients.

Law Office of David Kohm

Arlington (817) 522-4451

Dallas (972) 362-6848

Fort Worth (817) 764-1375

Kohm works in the Arlington, Dallas, and Fort Worth areas.
He offers a free consultation.
He has lawyers who speak Spanish if Spanish is your first language.
He knows each case has different needs and is there to help you along the way.

Law Office of Ellen Schutz

Dallas (214) 340-8515

This law office runs and practices law in Collin County, Dallas County, Denton County, and Tarrant County.
She provides phone consultations.
Schutz specializes in family law and knows the ins and outs of divorce law.
She’s been practicing law since 1998.
She works with you as a team to fight for your rights.

The Bottom Line

Make the stress of a divorce more bearable. Take the time to find an affordable, decent lawyer who has your best interest in mind.

3M Earplug Lawsuit – What You Need to Know

Legal Assistant July 18, 2019Mass Torts, Personal Injury Law Leave a Comment

In July of 2018, the Justice Department settled the 3M earplug lawsuit where the company agreed to pay out $9.1 million to the government in order to settle the complaints brought against it.

What Was the 3M Earplugs Lawsuit About?

The Justice Department claimed that the Minnesota based company 3M defrauded the government when it sold faulty military earplugs. The claim stated that between the years of 2003 and 2015, 3M knowingly put military personnel in harm’s way when they sold the government defective 3M Combat Arms Earplugs Version 2 (CAEv2). This led to a large number of service men and women being put at risk of hearing loss or suffering other related problems such as tinnitus due to these defective earplugs.

What Was Wrong with the 3M Combat Arms Earplugs Version 2 (CAEv2)?

Between 2003 and 2015, 3M was contracted to manufacture and supply the U.S Military with combat earplugs to protect the service men and women’s ears. The 3M Combat Arms Earplugs Version 2 (CAEv2) was designed to provide these service people with unique double-sided protection during training drills and actual combat scenarios.

Because hearing loss due to loud noises associated with training and combat has been a rising concern in the military, these earplugs were intended to be a remedy against that issue.

Ideally, the 3M Combat Arms Earplugs Version 2 (CAEv2) was designed to do the following:

One side of the earplugs would block out all sound from entering each of the user’s ears
The other side would, while still offering adequate protection to the user’s ears by blocking out loud noises from gunfire, explosions and such, allow the user to hear soft noises such as commands and other communication from fellow service men and women

The earplugs, however, had one inherent defect that ensured they wouldn’t adequately perform these duties: their design was too short. Because of that design flaw, they didn’t stay in the soldiers’ ears properly and imperceptibly came loose when in use. This meant that the soldiers’ ears weren’t as protected as they thought they were, and they were actually still open to potentially damaging sounds that these soldiers are exposed to in their line of duty.

The Combat Earplugs Lawsuit

3M troubles began in 2016 when a whistleblower lawsuit was brought against them through the False Claims Act. This lawsuit highlighted the fact that the 3M Combat Arms Earplugs Version 2 (CAEv2) were defective and failed to provide the level of care and hearing protection that 3M claimed they did.

It went on to state that 3M knew about this defect from as early as the year 2000 but failed to declare that information to the government even as they sold the earplugs to the military.

Even though 3M did not accept any liability for the defective earplugs that they manufactured and sold, they agreed to settle the case with a $9.1 million payout with the whistleblower receiving $1.9 million.

Unfortunately, none of this money actually went to the service men and women who were injured or suffered hearing loss and other forms of impairment by using these earplugs. That is why, today, there are many service men and women coming forward seeking restitution for their suffering from the company.

Who Is Eligible for Financial Restitution from the 3M Earplugs Lawsuit?

If you or a loved one served in the military and may be suffering hearing loss or associated disorders, then you might be eligible for financial recovery based on the 3M earplug lawsuit. This is especially true if you or a loved one meets the following criteria:

Was serving in the United States military during or between 2003 and 2015
During that time, you used 3M Combat Arms Earplugs Version 2 (CAEv2) at any given time
You now suffer full or partial hearing loss. This might include tinnitus, permanent hearing damage or deafness

The symptoms associated with tinnitus vary and may include ringing in your ear, a roaring sound, buzzing, or whistling sounds in your ears. These are sounds that are not emanating from any external source and can only be heard by you. They may occur intermittently or may be continuous.

While it is true that hearing loss or issues related to ear damage due to loud sounds and noises associated with combat can personally, professionally and socially make a soldier’s life difficult and uncomfortable, the settlement paid out by 3M didn’t go towards helping these soldiers cope.

Because the case was brought the False Claims Act, the proceeds went directly to the U.S military. As such, to get just restitution, individual soldiers need to level their own lawsuits against the company.

Can You Sue 3M for Your Hearing Loss?

Different law firms are considering taking on this manufacturing giant. Each law firm is accepting different criteria of the case, and some are stricter than others. Filling out a 3M ear plug lawsuit claim form will give you a good idea of whether or not you have a good case.

If you believe you may be a claimant in the 3M earplug lawsuit, you can

Our top lawyer pick for representing injured military veterans in this lawsuit is Attorney Andrew J. Cobos. Here’s why:

He is the only OIF combat veteran lawyer selected to the national steering / leadership committee for this lawsuit – only a small team of top lawyers are selected by a DC-appointed judge for this role.
Being a combat veteran and victim in this lawsuit, he genuinely cares about his clients and understands them – which is highly valuable in any type of lawsuit.
He has a strong performance record in fighting aggressively for his clients in personal injury cases.
He’s made it easy for veterans to find out whether or not they’re eligible for the lawsuit all online at militaryearplug.com.

As an individual who served in the military between 2003 and 2015 and used 3M combat earplugs, there is a good chance that you might be eligible for compensation. If you have since been diagnosed with total or partial hearing loss or tinnitus, it will do you some good to speak to a qualified lawyer to see what standing your case has in the eyes of the law.

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