Alcorn, Sage, Schwartz & Magrath LLPAlcorn, Sage, Schwartz & Magrath LLP | Madison Personal Injury Attorney2024-03-08T18:09:24Zhttps://www.advocatelawoffices.com/feed/atom/WordPress/wp-content/uploads/sites/1400853/2022/10/cropped-site-identity-32x32.jpgOn Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=512612024-03-08T18:09:24Z2024-03-08T18:09:24Zhelp your claim.
Medical records
Medical evidence can help link your injuries to your workplace accident and ascertain they were not pre-existing. This is particularly useful to your workers’ compensation claim as it can help determine the outcome. Gather any reports from doctors, hospitals and other healthcare providers detailing your injuries, treatment received and prognosis for recovery.
Documentation of the accident
If possible, document the accident scene by taking photos of your injuries and the location where it happened. Note down the time, date and record of events. Statements from those who witnessed your accident can also support your claim.
Financial records
Presenting financial evidence of your losses can help you get the benefits you deserve. Pay stubs can help determine lost wages and receipts can prove the out-of-pocket expenses you incurred, like medical care bills and transportation costs.
Correspondence and communication
It’s equally important to keep copies of any communication relevant to your claim. Make duplicates of every document you file, including the notification letter of the workplace accident to your employer, as it can help avoid a lot of unnecessary back and forth.
Reaching out for qualified legal assistance when filing a workers’ compensation claim can help build a strong case and protect your interests while significantly increasing the chances of a positive outcome.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=512122024-03-01T15:51:49Z2024-03-01T15:51:49ZWhen negligence led to an injury
There are occasionally situations in which someone who gets hurt on another person's property was clearly to blame for their own injury. An attempt to perform parkour moves on the dumpsters behind a business, for example, is an unsafe choice that comes with a degree of injury risk. Someone who is attempting to access or use the property in an appropriate manner should not have to worry about sudden injuries. A business tenant, property owner or landlord could be legally and financially responsible for the aftermath of a slip-and-fall incident when negligence caused someone's injuries.
Establishing negligence can sometimes be a bit of a challenge. The courts view conduct as negligence when a reasonable person would agree that it significantly increased the likelihood of injury or harmful incident. Engaging in behavior that other people recognize as unsafe or reckless could be negligence. Failing to do what is necessary for safety can also constitute negligence for the purposes of a premises liability lawsuit.
The failure to properly clean a facility or maintain a roof so that it doesn't leak during rainy weather could constitute negligence. Poor scheduling practices and delayed maintenance to equipment could also constitute negligence. So long as someone has evidence of unsafe circumstances that support their claims of negligence, a visitor hurt at a business or rental property may have grounds for a premises liability claim.
A successful premises liability lawsuit brought against a business or property owner could pay for someone's medical expenses, lost wages and property damage expenses triggered by the incident. As such, holding property owners accountable can benefit those hurt due to negligence and motivate more property owners to be proactive about maintaining their holdings.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511962024-02-27T03:03:18Z2024-02-27T03:03:18ZWhat is most important to you?
If you are a parent of minor or otherwise dependent children, the well-being and stability of your kids are almost certainly your top priorities. Decisions regarding custody, parenting time and child support obviously require thoughtful consideration and planning to facilitate their best interests.
Similarly, financial security is a significant concern for most individuals who are divorcing. Identifying financial goals early on, including what matters most to you regarding your division of assets, debt responsibilities and spousal support can help you negotiate terms that will help protect your financial future.
Moreover, having a well-defined set of priorities can help you streamline the divorce process, making it less overwhelming. Knowing what you want and where you’re willing to compromise can help you better ensure that your overall legal strategy is aligned with your most critical concerns. It can also help you avoid getting bogged down in disagreements over matters that aren’t worth your time and energy.
While engaging in this kind of introspection and making difficult choices aren’t generally an enjoyable way to spend your time, your future self will almost certainly thank you for setting priorities and pursuing them in a focused way during this consequential transition.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511872024-02-10T01:27:55Z2024-02-10T01:27:55ZDivision of assets
Marital assets, often including shares in a family business, may be subject to division during divorce proceedings. Family business shares owned during the marriage will usually be divided equitably in a litigated scenario, unless an alternative is specifically exempted in a prenuptial agreement or agreed to between the parties. However, inherited shares bequeathed prior to the marriage may be exempted from division unless the inheriting spouse adds the other spouse to the ownership or combines the inherited shares with marital assets.
Buyout or liquidation
In some cases, divorcing spouses may agree or be required by the court to sell the family business or buy out the other spouse's share. This can have a significant impact on the value and stability of the business. The remaining spouse may need to secure financing or use other assets to buy out the departing spouse, potentially affecting the overall financial health of the family and the business.
Business valuation
Determining the value of the family business is a crucial step in divorce proceedings. The valuation can impact how shares are divided or what compensation is provided to the non-owning spouse. Valuation methods can include assessing the business's assets, income and market value. Disagreements over the valuation process can lead to further complications and delays in the divorce proceedings.
Divorce can have a significant impact on shares in a family business, affecting ownership, valuation and the overall stability of the business. Seeking legal and financial advice early on and implementing preventive measures can help spouses to navigate these complexities and minimize disruption to a family business.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511852024-02-07T00:36:31Z2024-02-07T00:36:31ZModified comparative negligence
States have various ways of determining collision-related compensation based on each party’s level of negligence. Indiana uses the modified comparative negligence or 51% fault rule. That means if one driver is at least 51% responsible for the crash, they can’t collect any damages from other at-fault parties.
When a motorist is deemed to be more than 0% at fault but less than 50% at fault, the amount of compensation that they can pursue as a result of their harm is reduced by their percentage of fault. Maybe the determination is that the other driver is 75% at fault, while you’re 25% at fault. They’ll still owe you compensation, but the amount of compensation they would owe based on your expenses and other damages is reduced by a quarter.
The law states, “In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault….”
Determining fault after a crash
You can see why making a strong case for having little, if any, fault can make a big difference in the amount of compensation you may receive in the wake of a crash. There are a lot of ways to help determine fault even after vehicles are removed from the scene – many of them relatively new. Vehicle software can show how fast each car was traveling, whether any entertainment or communications systems were in use by the driver at the time of the crash. Nearby surveillance cameras at homes and businesses can also potentially provide valuable information. Having a police report from the scene is also helpful.
Obtaining this evidence and making a strong case for yourself can make a big difference in what kind of settlement you can pursue to cover your losses. Getting experienced legal guidance as soon as possible can make all the difference.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511832024-01-29T20:14:36Z2024-01-29T20:14:36ZIf you’ve been injured and you are seeking compensation, you may get a settlement offer. Maybe the other party has an insurance company working on their behalf, for instance. They offer to pay you a certain amount of money to cover your costs.
It’s tempting to just accept the settlement offer. It may sound like a substantial amount of money, and you are certainly going to be conscious of the various bills and costs that you’re facing – such as medical bills or lost wages. But should you just take the offer as soon as you get it?
The insurance company’s focus
If that offer did come from an insurance company, remember that their focus is on saving money. They’re going to try to pay you as little as they can reasonably pay. They are certainly not going to try to maximize your claim. If you just accept the offer, it could be lower than what you actually deserve.
You may have future costs
Another thing to keep in mind is that your costs can change in the future. For instance, maybe you provided documentation for all of your current medical bills and the wages you’ve lost. But what if your condition gets worse in the future? What if there are other complications? What if you end up needing long-term care or rehabilitation services? What if your condition deteriorates so that you can never work again?If any of these things happen, it can significantly change how much money you actually need in that settlement offer. This is why it’s best not to accept anything until you have worked closely with medical professionals to determine exactly what is necessary. As you go through this process, be sure to look into your legal options, as well.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511812024-01-14T03:27:43Z2024-01-14T03:27:43ZDigital assets
Digital property like Bitcoin and non-fungible tokens (NFTs) can offer lucrative investment returns. Highly sought-after items and currencies in popular video games may also have real-world value. Strong domain names and established high-traffic websites can boost property value even more.
Intellectual property
Works like books or art created during marriage have potential future value if they become successful. Address them in your negotiations to ensure you receive a fair share of any profits they generate. Remember to include business-related intellectual property you may also have a right to share in.
Valuable animals
You may have pets to discuss in your negotiations, but the financial stakes can be high if you co-own purebreds or champion show animals. Beyond the love you may have for them, they can also generate significant profits. Ensure that your final property settlement accounts for their value.
Other assets
Assets acquired during your marriage are subject to equitable distribution in Indiana. Some non-traditional assets include cemetery plots, frequent flyer miles, exclusive memberships and season tickets.
As you can see, marital property matters can be more complex than they may initially seem. Having legal guidance can help you protect your share of assets in your divorce.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511792024-01-08T02:32:43Z2024-01-08T02:32:43ZWhat penalties are possible after an OWI?
The penalties for an OWI depend on the circumstances of someone's arrest and their prior record. Someone who caused a crash that injured people or led to someone dying can expect to face major charges and often harsh penalties imposed by the court.
Those arrested for a technical infraction without causing injury to others usually face lesser penalties. Even OWIs that did not lead to injury can lead to serious consequences. Someone convicted of an OWI must cover all relevant court costs, which can add up to be quite expensive. They may also need to pay up to $5,000 in fines. The judge hearing their case could sentence them to up to a year in jail.
The state can also suspend someone's driver's license for up to two years. They may also need to pay for and attend a substance abuse education course. In some cases, the courts may order someone to attend a victim impact panel where people discuss the real-world consequences of drunk driving. The courts could also require drug and alcohol testing and other probation terms.
A defense is possible in most cases
Although people often despair of defending themselves against OWI charges, there are numerous defense strategies that often work. Some people may have a medical explanation for why they failed a breast test. Others might have questions about the conduct of police officers or the accuracy of the test results.
Understanding the serious consequences of an OWI conviction might help motivate people to fight back against even a first-time OWI charge. Seeking legal guidance is generally a good way to get started.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511772024-01-02T12:43:41Z2024-01-02T12:43:41ZReclaiming your identity
Divorce can sometimes leave individuals feeling lost or disconnected from their sense of self. Changing your name back to your maiden name can be a powerful way to reclaim your identity and restore a sense of control over your life. Regaining your former identity can positively impact your mental well-being, providing a fresh start and promoting a sense of empowerment.
Professional rebranding
Your professional identity is crucial, and a name change can be a strategic move post-divorce. If your married name is associated with professional challenges, reverting to your maiden name or adopting a new one can help redefine your career narrative. Updating your professional profiles, portfolios and social media accounts can also enhance your brand image and maintain a cohesive online identity.
Legal clarity and simplification
A name change post-divorce provides legal clarity. This helps avoid potential confusion in various aspects of life in which you may otherwise remain connected to your spouse in the minds of others. From legal documents to social interactions, a consistent name simplifies communication and transactions. Essentially, changing your name involves updating legal documents such as your driver's license, passport and Social Security records. This helps ensure that all official documents align with your chosen name.
The decision to change your name back post-divorce is a deeply personal one with multifaceted benefits. Consider the practical aspects, legal implications and emotional significance involved to make an informed decision that aligns with your post-divorce journey.]]>On Behalf of Alcorn, Sage, Schwartz & Magrath LLPhttps://www.advocatelawoffices.com/?p=511752023-12-15T03:26:37Z2023-12-15T03:26:37ZDebts are subject to division just like assets
Sometimes people mistakenly think that the name on the credit card or other debt determines which spouse is actually responsible for the debt when they divorce. However, that is typically not true. Unless one spouse acquired the debt prior to marriage or intentionally lied to the other spouse about those financial obligations, most debts accrued during the marriage are the responsibility of both spouses.
People can agree to have each spouse take responsibility for certain accounts. They could also negotiate a settlement that allows one spouse to keep more marital property while also assuming responsibility for more marital debts. Others may intentionally use marital assets to pay off any shared debts and joint accounts. That way, the failure of one spouse to pay in accordance with an agreement or property division order should not affect the credit and finances of the other spouse. Debts held in the names of both spouses could lead to collection activity against either spouse if the other fails to pay on those accounts.
Identifying joint debts and other marital financial obligations – and thoughtfully considering how they should be managed – may help people negotiate a fair and appropriate property division settlement.]]>