Proving Domestic Violence in a Divorce

 

Domestic violence is a serious matter that has an impact on families throughout the US every day. Domestic abuse can have an impact on certain aspects of your divorce, so it is critical to find a divorce lawyer who can help you gather and present all relevant evidence to prove domestic violence and help you get a Protection From Abuse (PFA) order if necessary. Unfortunately, abuse can escalate when one person ends a relationship, so it is crucial to have a plan and think about your safety and the well-being of your children.

How Domestic Violence Can Affect Divorce Cases

Domestic violence can be a factor in a divorce when the courts make determinations about matters such as:

- Property division

- Child custody

- Spousal support

- Alimony

- Other issues that may be unique to your circumstances

Regardless of whether you are the one being abused or you are being accused of domestic violence, it is important to document everything to prove your side of the story.

How to Prove Domestic Violence

Criminal Convictions and PFA Orders

Whether it is a criminal or civil matter, courts make decisions based on facts. If domestic violence is an issue in your divorce, you will have to provide adequate evidence to show that it took place. The most straightforward way to do this is to show evidence of a criminal conviction for domestic abuse. If your spouse was convicted of a domestic-related offense, the family court will typically consider it sufficient evidence that abuse occurred. If you or your children have been victims of domestic violence, filing for a protection from abuse order can help protect your safety and provide evidence as well.

Witness Testimony

It is important to report incidences of abuse to law enforcement every time they happen, even if they do not result in criminal charges or a conviction. Law enforcement officers can testify as witnesses in domestic violence and divorce cases, as can friends, family members, teachers, doctors, social workers, or anyone who heard or saw the abuse. Although it may be daunting, you can also testify. In addition to helping you settle other matters involved in your divorce, your attorney can help you prepare before you testify and act as your staunch advocate in court.

Proof of Injuries

If you went to the emergency room due to injuries caused by your abuser, medical records related to incidences of domestic violence can provide compelling evidence. Photos of your injuries can also be helpful in proving domestic violence in a divorce case.

Other Proof of Abuse

Another way to help prove domestic violence is to document everything. Keep a list of the dates, times, and details of each incident, what your spouse did and said, and any witnesses who may have observed the behavior. This can help prove a pattern of abuse and have a significant impact on issues like child custody. In addition, save any emails, text messages, voicemails, or social media posts/messages from your spouse. Having an experienced divorce attorney by your side can help you get through a contentious divorce, protect your interests, and hold your abuser accountable.

If you need assistance with divorce, issues surrounding domestic violence, child custody, or other family law matters, contact a Pennsylvania divorce lawyer today.

If you or someone you know needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/proving-domestic-violence-in-a-divorce

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Claiming Damages When Someone Else is Responsible for an Accident

 

After a motor vehicle accident, you may feel overwhelmed and wonder how you will cover your medical bills, lost time from work, and other expenses. If someone else was responsible for your injures and losses, you may be able to recover compensation for damages. A car accident lawyer can help you sort it all out and determine your options for claiming damages after a car accident.

Types of Damages Injured Victims Can Recover

Whether you were hurt while running errands or taking a road trip in a rental car, it is important to keep in mind that hiring an attorney can help you maximize the amount of damages you may be entitled to recover. Each case is unique, and you may only be able to make a recovery for certain types of damages. Your attorney can investigate the circumstances surrounding the crash, the impact it has had on your life, and determine the total value of your past and future losses.

Past and Future Medical Expenses

Depending on the extent of your injuries and whether you will need long-term treatment and care, your medical bills may run into the millions of dollars. It can be easy to underestimate the cost of hospital stays, surgeries, rehabilitation, physical therapy, medications, and other expenses. It is critical to make sure your injuries, diagnoses, and medical treatment are properly documented. Your personal injury attorney can put it all together to demonstrate the physical, emotional and financial costs of your injuries.

Past and Future Lost Wages

Injuries sustained in a car accident can leave you unable to work for an extended period of time. If you have suffered a catastrophic injury or are permanently disabled, you may not be able to return to work at all. This can not only put you and your family in a precarious financial situation, it can also cause you to miss out on professional opportunities that may have arisen had you not been injured. Putting an accurate value on future lost wages and loss of earning capacity can be challenging. Attorneys often enlist the help of experts such as forensic accountants who do a thorough analysis of your education, earning potential, work history, and other factors to determine your future losses.

Pain and Suffering

Some injuries result in severe or chronic pain that significantly reduces an injured victim’s quality of life and ability to do things they once enjoyed. The trauma of being in a car accident can also lead to conditions such as PTSD, depression, anxiety, and other psychological problems that cause serious emotional distress.

Wrongful Death Damages

In Pennsylvania, the spouse, children, and/or parents of a victim whose death was caused by negligence can recover damages for financial support, medical expenses, funeral costs, loss of affection and companionship, and other accident-related losses. In a survival action, heirs of an estate can recover damages that the deceased person could have recovered had they survived, such as lost wages and pain and suffering.

Property Damage

If your vehicle or other property was damaged in an accident caused by someone else, you may also be entitled to compensation for property damage or replacement. This may include compensation for repairs, the fair market value of the vehicle if it was totaled, and any property inside the vehicle that was damaged.

This is by no means an exhaustive list of potential damages you may recover as an injured victim. Experienced accident injury lawyers at Perna & Abracht can evaluate your case and determine which specific types of damages may apply in your case.

This blog was originally posted on https://www.pa4law.com/claiming-damages-when-someone-else-is-responsible-for-an-accident/

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Types of Damages in Personal Injury Cases

When you have been injured or have lost a loved one in an accident, filing a personal injury claim against the at-fault party allows you to recover compensation for your damages. In most personal injury cases, damages are intended to “make the plaintiff whole.” Although no amount of money can change what happened, an attorney can help you understand the types of damages to which you may be entitled if you are hurt, or a family member is killed, due to someone else’s negligence. 

Economic Damages

Economic damages are measurable, objectively verifiable financial losses. Common types of economic damages include:

MEDICAL BILLS – Medical expenses such as surgery, hospital stays, physical therapy, rehabilitation, medications, and ongoing treatment can be costly, especially if an injured victim has sustained a catastrophic injury or is permanently disabled. If someone requires lifelong care or adaptive devices like prosthetics, it is important to accurately value future medical costs. Hiring an attorney can help to ensure you receive adequate compensation for both past and future medical expenses. 

LOSS OF INCOME – Damages for lost wages include compensation for work that a victim could have earned if they had not suffered an injury. If you are permanently unable to work due to your injury, you may also be entitled to compensation for loss of  future earning capacity.  

PROPERTY DAMAGE – You may be able to recover compensation for any property damage sustained in an accident that was someone else’s fault. For example, car repair or replacement.  

Non-Economic Damages

Also known as general damages, non-economic damages are harder to quantify – they are highly subjective and vary from case to case. It is critical to seek the counsel of a lawyer who knows how to correctly calculate and prove which general damages you may be entitled to recover. Types of non-economic damages include:

EMOTIONAL DISTRESS – People who are severely or permanently injured often suffer from mental anguish, anxiety and stress. 

PAIN AND SUFFERING – Those who suffer serious injury may experience chronic physical pain, which can make it impossible to enjoy or even perform everyday activities like taking a walk or playing with their children. 

EMBARASSMENT AND HUMILIATION – Reduced ability to function, disfigurement, lack of independence and other conditions can cause injured victims to suffer embarrassment and humiliation. 

LOSS OF ENJOYMENT OF LIVE – An injury can deprive you of the pleasure of participating in things you used to enjoy, such as social outings, sports, and hobbies. 

LOSS OF COMPAINIONSHIP OR CONSORTIUM – Wrongful death or personal injury can destroy marriages, friendships and other family relationships.

Punitive Damages

Punitive damages may be awarded if an at-fault party’s conduct was particularly outrageous, reckless or malicious. Punitive damages are not designed to compensate the victim – they are intended to punish the wrongdoer and discourage others from committing similar acts. Drunk drivers who cause injury in a car accident often end up being liable for punitive damages in addition to compensatory damages. 

How Are Damages Calculated?

Personal injury claims are complex. No two cases are alike, and the amount of damages you may recover depends on the extent of your injuries, how they have impacted your life, and other factors. There is no set way to calculate damages, but insurance companies and attorneys often use the "multiplier method" to determine the total amount of general damages, including pain and suffering. 

This means that they take the total dollar amount of economic damages and multiply it by a number that is typically between 1.5 and 5. Your attorney will determine an approximate value of your claim by looking at the evidence surrounding the circumstances and the impact of your injuries. Insurance companies try to undervalue or deny claims any way they can, so it is critical to have a skilled attorney who will fight to help you recover maximum compensation and make things right for you and your family. 

If you have been injured or have lost a loved one in an accident, an experienced personal injury lawyer can help you understand your rights and provide legal counsel you can trust. 

This blog was originally posted on https://www.pa4law.com/types-of-damages-in-personal-injury-cases/

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When Is The Best Time To Start A Will?

The short answer is “now.” A Will is an important document that every person of age 18 and older should have in place. Many people are under the impression that only wealthy individuals need a Will, or that a Will is something you should think about later in life. Any attorney for Will preparation will tell you that in this time of COVID-19 pandemic, it is more important than ever to make sure you have a Will in place.

Below we will answer some of the most frequently asked questions about Wills.

What is it?

A Will is a legal document that expresses your wishes after you have passed away. Specifically, a Will tells your executor (the person you have named to carry out the Will) how you wish to distribute any money, bank accounts, investments, real estate and other financial assets.

The key here is that you follow important guidelines so your Will is considered a legal document, according to local estate lawyers.  If you do not do so, your Will can be declared legally invalid, and your wishes will not be followed. Consult with an Estate Lawyer to:

Write it down. A Will that is only spoken (called an Oral Will) is not legally recognized.

•    State who you are: full name and address so you are clearly identified.

•    Name your executor. This is a person you entrust with fulfilling your wishes. It may be a close relative or friend, or it may be a lawyer or other professional that you trust.

•  Provide clear instructions about who will receive your assets. Do not assume your assets will “automatically” go to your spouse or children.

•    Name guardians for your underage children and pets (if you have any).

Why do I need it?

A person who dies without a Will is considered “intestate.” That person’s money, bank accounts, and investments are frozen and real estate cannot be sold until a state court decides who will receive the assets. Most states have guidelines for the court in terms of distributing assets to surviving relatives. However, this court process takes time, and your surviving dependents might need the assets quickly. Think about your children who may be depending on court-ordered child support; they will receive the money you have left to them much more quickly if they are named as heirs in your Will.

In addition, the state’s guidelines for the court may be entirely different from the way you wish the assets to be distributed. Perhaps you would like to leave your boat to your best friend Jim who went fishing with you, or maybe you would like to leave money to your church or school. They will be entirely “cut out” by the state. If you were injured in an accident and want that settlement to go to your children rather than your spouse, the state may look upon the disbursement very differently than you do.

Who can help me?

Once you have gathered information about your heirs and all your financial accounts, it is important to schedule a consultation with an experienced attorney. At this point, your lawyer will direct you as to additional information you may need to gather or next steps to finalize the Will.

This blog was originally posted on https://www.pa4law.com/when-is-the-best-time-to-start-a-will/

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