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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Common Types Of Medical Malpractices Cases

 

Most health care professionals care about the safety and well-being of their patients. However, physicians, surgeons, hospitals, and other health care providers can make serious errors that cause injury or death. Dealing with the physical and emotional repercussions of these injuries can be challenging and have a lifelong impact on victims. If you believe you or a loved one has been a victim of medical negligence, having a top medical malpractice attorney evaluate your case and help you understand common types of malpractice can help make things right for you and your family.

What is Medical Malpractice?

Before you consider filing a lawsuit against a health care professional or organization, it is important to understand what medical malpractice is. Medical malpractice occurs when a doctor, hospital, health care system, or other health care professional causes an injury to a patient due to a negligent act or omission. However, just because a doctor made an error that may have caused an injury does not mean you automatically have a medical malpractice case that will be easy to win.

Types Of Medical Malpractice Claims

Medical malpractice cases are quite complex and require the knowledge and experience of a seasoned personal injury attorney who is familiar with what it takes to prove negligence and liability in these types of cases. There are countless situations in which someone may be injured due to negligence, but some common types of medical malpractice cases include:

Misdiagnosis or Failure to Diagnose – When a doctor fails to correctly diagnose an illness or condition, the consequences can be deadly. Whether a physician fails to recognize a discernable illness or diagnoses a patient with a condition they do not have, it can result in a patient not receiving the treatment they need or a healthy patient getting unnecessary treatment that could be invasive or harmful. If you are misdiagnosed, malpractice would only be considered if a doctor failed to follow appropriate standards of care and you were harmed as a result.

Failure to Treat – In some cases, a doctor may fail to recommend adequate treatment for a condition. Failing to offer follow-up care after surgery, releasing a patient too soon, or neglecting to refer someone to a specialist when necessary are all examples of a failure to treat.

Birth Injuries – One of the most heartbreaking types of medical malpractice are birth injuries, which are often preventable and can happen in many different ways. Negligence may occur during childbirth or prenatal care and result in serious brain injury, nerve injuries, and other conditions that significantly affect a child’s quality of life and require costly long-term care.

Medical Product Liability – Thousands of patients are injured or killed each year due to faulty medical devices. If you’ve been hurt by a defective medical device, you may be able to pursue a product liability claim against the designer, manufacturer, and distributor of the device. In addition, a doctor or hospital may be liable in a medical malpractice claim if they failed to know the risk of harm before a device’s use or failed to warn a patient of the risk of harm.

If you believe you have been hurt by malpractice, contact a medical malpractice law firm today.

This blog was originally posted on https://www.pa4law.com/common-types-of-medical-malpractices-cases/

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Common Types of Divorce in PA

 

 

Circumstances surrounding divorce vary widely from couple to couple. Figuring out how to handle property division, child custody, child and spousal support, and alimony can make divorce complex and contentious. If you are considering dissolving your marriage, it is vital to ensure that your interests are protected. There are several different types of divorce in PA. Learning more about them and speaking to one of the best divorce lawyers you can find can help you understand your options and protect your rights.

Filing for Divorce in Pennsylvania

To get divorced in Pennsylvania, you or your spouse must have lived in the Commonwealth for at least six months. A divorce complaint is filed in the Court of Common Pleas in the county where you and your spouse reside. Although it is possible to file for divorce on your own, seeking the counsel of an experienced Pennsylvania divorce lawyer can make the process run more smoothly and safeguard your interests, property, and the welfare of your children.

No-Fault Divorce

The most common type of divorce in PA is no-fault divorce by mutual consent. This is a process in which both spouses consent to a divorce, and it can be finalized in as few as 90 days. Even if one spouse does not consent to a no-fault divorce, it can be granted if there is an irretrievable breakdown of the marriage and spouses have lived separately for at least one year before filing for divorce.

In an uncontested divorce, both spouses usually work together to reach a settlement agreement that lays-out specifics about property distribution, child custody, child support, and alimony. Requirements for being granted a no-fault divorce in Pennsylvania include:

- An irretrievable breakdown of the marriage

- Both spouses agree to the divorce

- No unsettled financial issues between the spouses

Even if you and your spouse are on good terms, these types of issues can be tricky. Because Pennsylvania is an equitable distribution state, rather than community property state, assets and debts are not necessarily just split 50/50. Having an attorney by your side to assist you with the process can help to ensure all issues are properly addressed, and a fair agreement is reached.

Divorce on Fault Grounds

In a fault-based divorce, the spouse who files for divorce must show that the other spouse was responsible for wrongdoing that caused the breakdown of the marriage. People often file for fault divorce when one spouse refuses to agree to divorce. Grounds for fault divorce include:

- Adultery

- Abandonment for at least one year

- Cruel and barbarous treatment, including domestic violence

- Bigamy

- Conviction of a crime and incarceration for two or more years

- Indignity or humiliation of the innocent spouse in a manner that makes the marriage intolerable

Institutionalization

If a person’s spouse has been institutionalized for a mental illness for 18 months and there is no plan to discharge them for at least 18 more months, the plaintiff may file for and be granted a divorce.

If you are considering filing for divorce in Pennsylvania, a knowledgeable family law attorney can help you determine which type is best for your specific situation.

This blog was originally posted on https://www.pa4law.com/common-types-of-divorce-in-pa/

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Class Action Litigation In Medical Malpractice

 

Medical malpractice claims are usually brought by individuals who have been harmed due to the negligence of a physician, nurse, hospital or other health care professional. In cases involving issues such as harmful side effects of a medication, thousands of people may be affected, and they may all pursue compensation in a class-action lawsuit. If you are unsure about whether you have an individual claim or should consider being part of a class-action lawsuit, a top medical malpractice attorney can help you understand the difference between the two and advise you of your options.

What is a Class Action Lawsuit?

Although a class action lawsuit is a civil action, unlike a medical malpractice suit or personal injury claim, it involves multiple plaintiffs who have sustained injuries or losses due to the actions of the same defendant. Examples of class action litigation that involve medical issues include those that are filed against pharmaceutical companies due to dangerous side effects of medications, and manufacturers of materials such as surgical mesh and IUDs that ended-up being defective and causing injury. These class-action lawsuits are not really considered medical malpractice claims and typically fall under the legal umbrella of product liability.

Some personal injury law firms handle all of these forms of litigation, while others focus on specific areas of tort law such as car accidents, premises liability, and product liability.

How Do Class Action Lawsuits Work?

When you contact an attorney about a medical issue that could lead to a potential class action, they will do research on whether others have been harmed in the same way. They will determine:

- Whether there is an existing lawsuit making the same allegations

- How many others have been similarly injured

- Whether the statute of limitations to file a claim has passed

- Whether the company or individual who is being sued is protected from liability due to a bankruptcy filing

They also will look at previous judicial opinions and rulings to find out if any lawsuits involving similar claims have been successful. A class-action lawsuit is a huge undertaking that requires significant resources, so it is critical for lawyers to conduct due diligence before proceeding.

Filing a Class Action Lawsuit

A class-action lawsuit can be initiated by just one individual or a small group of people. If a personal injury lawyer or medical malpractice attorney believes a class action lawsuit is appropriate, they will draft a complaint that outlines the facts of the claim and damages that are being sought. The lead plaintiff will be named in the complaint and it will also describe the potential “class” of individuals who may be eligible to participate in the lawsuit. For example, in a case involving defective surgical mesh, the “class” would be patients who had serious complications after hernia mesh surgery.

For a class action to proceed, a judge must issue a class certification ruling. Many class actions settle before going to trial. The attorneys will issue a notice to the class members informing them about the settlement or judgment and their right to opt-out of the case, with instructions on how to claim their part of the settlement.

To learn more about medical malpractice and class action lawsuits, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/class-action-litigation-in-medical-malpractice/

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Here's How You Can File For a Fault-Based Divorce

 

Although most couples choose to utilize the no-fault divorce process in Pennsylvania, in some cases divorce based on fault grounds is more appropriate. Fault-based divorce sometimes gives a person a sense of vindication if their spouse committed serious wrongdoing. In other cases, someone may choose fault-based divorce to try and get the upper hand in a divorce settlement. Regardless of the type of divorce you are filing, it is important to speak with an experienced divorce attorney who can guide you through the process.

Filing for Fault-Based Divorce in PA

To file for divorce in Pennsylvania, you or your spouse must have lived in the Commonwealth for at least six months. A divorce complaint must be filed with the Court of Common Pleas in the county where you or your spouse resides. The complaint should include reasons why you are requesting a divorce, and any other matters you would like the court to address. A court filing fee must be paid at the time the Complaint is filed. Local divorce attorneys should know the specifics for filing a divorce in your jurisdiction. They can help to ensure all important information is included in your complaint and make sure it is properly filed.

Serving Your Spouse with a Divorce Complaint

Complaint documents and summons must be served on your spouse within 30 days of the date they were filed. Most divorce lawyers use professional process servers to hand-deliver the complaint and summons or in some cases serve the Complaint by Certified Mail. Your divorce can proceed once your spouse has been served with these documents.

Grounds for Fault-Based Divorce

A fault-based divorce must be brought on certain grounds. You can file for this type of divorce if your spouse has:

- Committed adultery or bigamy

- Been cruel to a degree that has made the marriage intolerable, including domestic violence

- Abandoned you without cause for at least one year

- Been convicted of a crime and imprisoned for two or more years

An attorney can evaluate your case and determine which grounds may apply. If you are getting divorced, it is also important to consult with lawyers for wills to help protect your assets and update your estate plan.

Why Should I File for Fault-Based Divorce?

Courts may not consider fault as a factor when dividing property, but it can be considered when awarding spousal support or alimony. Although fault is technically not a factor when a judge is determining custody, certain behavior may affect whether you get custody of your children. For example, if drug addiction is noted as part of the fault grounds in your spouse’s complaint, you may only be allowed supervised visitation with your children.

Some people file for divorce on fault grounds to avoid the no-fault waiting periods so they can end a marriage more quickly. If you believe that your spouse is opposed to the divorce or wants to make your life difficult by contesting the date of separation or the fact that the marriage is irretrievably broken, fault-based divorce may be a more effective option than no-fault divorce.

The dissolution of a marriage can be contentious and complex. The family law attorneys at Perna & Abracht, LLC can help you understand the process and protect your rights.

This blog was originally posted on https://www.pa4law.com/heres-how-you-can-file-for-a-fault-based-divorce/

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How to Recover Compensation in a Dram Shop Claim?

 

Under dram shop law, when bars, restaurants, nightclubs or other establishments serve alcohol to someone who is visibly intoxicated, they may be liable for any damages the intoxicated person might cause. Good car accident lawyers are well-versed in the nuances of all types of dram shop claims and can help you understand how you may be able to recover compensation if you have been injured or have lost a loved one in a drunk driving crash.

Types of Dram Shop Cases

While the majority of dram shop cases involve drunk driving accidents, a business owner may be liable if an intoxicated person assaults someone or injures themselves after leaving an establishment as well.

Most dram shop cases are third-party claims, which means that the victim of the intoxicated person’s actions is the one suing the establishment. In first-party dram shop claims, the patron who was drunk is the one bringing a claim against a bar or restaurant. Unless a first-party claim involves a minor, juries are usually hesitant to award damages to the person who was intoxicated when they were injured.

Social Host Liability

Similar to dram shop laws, social host liability laws allow injured victims to sue the host of a private function if someone who became intoxicated there causes injury or death. In many states, social host liability only applies when a host serves alcohol or drugs to a minor.

Proving Negligence in Dram Shop Claims

To recover compensation in most personal injury claims, a plaintiff must prove that the at-fault party was negligent. An accident injury lawyer may be able to demonstrate negligence by using specific elements of a dram shop statute, including:

- The person serving alcohol knew or should have known that the patron was intoxicated

- The bartender or server did not request proof of age

- An establishment served a patron after closing time

- A certain amount of alcohol was served during the time a patron was there that would have reasonably resulted in intoxication

Bartenders, servers, managers, and establishment owners have a legal obligation to ensure they do not enable intoxicated people to continue drinking, but proving negligence in dram shop claims is challenging.

Damages in Dram Shop Claims

In some states, an injured victim or the loved ones of someone who was killed in an accident may be entitled to additional damages if they can prove that the defendant acted recklessly. In other states, there are caps on the amount of damages that may be recovered in dram shop claims. Depending on the circumstances, types of damages you may recover include:

- Medical bills

- Lost wages

- Pain and suffering

- Loss of companionship and consortium

- Wrongful death damages

Contact an Attorney as Soon as Possible if You Are Considering a Dram Shop Claim

If you believe you have a viable dram shop claim, it is important to act fast. A number of states require you to give notice of your intention to bring a dram shop claim against an establishment within a certain period of time. In some cases, this time frame may only be 60 days from the date of an accident or injury.

Understanding the complexities of dram shop claims can be challenging, but you don’t have to go it alone. Contact a top-rated personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/how-to-recover-compensation-in-a-dram-shop-claim/

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What are the Common Types of Damages in Wrongful Death Cases?

 

Dealing with the loss of a loved one is traumatic. It can be even more painful when someone you love is gone because of another person’s negligence. Depending on the specific circumstances, an injury lawyer can help you hold responsible parties accountable and help you find justice for your loved one by bringing a wrongful death claim.

Wrongful Death Damages

There are three general categories of damages that may be recovered in wrongful death claims: economic, non-economic, and punitive. Damages available in wrongful death claims vary widely by state. Some states place limits on the amount and type of wrongful death damages that may be recovered.

For example, in Pennsylvania, there is no limit on the amount of economic or non-economic damages that may be recovered in a wrongful death claim. However, there is a limit on the amount of punitive damages that may be awarded.

Economic Damages

Economic damages are quantifiable losses a spouse or other immediate family members have suffered due to the wrongful death of a loved one. They may include:

- Medical expenses related to a fatal injury or illness

- Funeral and burial expenses

- Loss of the deceased person’s future earnings

- Loss of benefits such as medical insurance or pension

- Loss of inheritance

- Value of services a victim would have provided to the household, such as cleaning and home maintenance

Putting an accurate value on economic damages in wrongful death cases can be challenging, as there are certain factors that must be taken into consideration, such as the person’s age, health status before their death, and their earning capacity. The best medical malpractice attorneys and wrongful death lawyers know how to properly calculate all types of damages to help make things right for victims and their families.

Non-Economic Damages

Non-economic damages are even tougher to calculate because they involve intangible losses suffered by the family. These types of wrongful death damages often include:

- Mental anguish or pain and suffering of the deceased person’s loved ones

- Loss of guidance, care, advice, and nurturing from the deceased victim

- Loss of companionship, love, and society from the deceased

- A spouse’s loss of consortium

Punitive Damages

Unlike other damages, punitive damages are not intended to compensate a plaintiff, but to punish a defendant for particularly egregious or reckless behavior and to deter them and others from committing similar acts. In many states, punitive damages are not available in wrongful death actions or recoverable against certain entities such as government agencies.

Survival Action Damages

In addition to filing a wrongful death claim, a deceased person’s estate or family members may be entitled to bring a survival action against an at-fault party. This type of action allows the family to recover compensation for damages the deceased person would have been able to pursue in a personal injury claim had they survived.

Top car accident lawyers and other personal injury attorneys typically handle wrongful death claims as well. If you have lost a loved one, contact an attorney to find out your options for recovering damages.

This blog was originally posted on https://www.pa4law.com/what-are-the-common-types-of-damages-in-wrongful-death-cases/

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