Types of Personal Injury Suits - A Look at Product Liability and Product Defect Accidents

When you think of personal injury lawsuits, you may be more inclined to think of automobile accidents and slip and fall situations in places of business. The word "injury" evokes images of somebody breaking an arm or a leg, or ending up in the operating room to repair other damage. Personal injury law, while concentrating in these situations, is not exclusively devoted to such cases. If you have experienced physical or mental impairment as a result of using a particular product, for example, you may be eligible to receive compensation.

Turn on your television, and you may see an occasional ad making a general call for people who have experienced problems with a specific medication or device. These class action lawsuits are handled by attorneys for the purpose of making sure a manufacturer takes responsibility and compensates victims. Product liability and product defect lawsuits are a type of personal injury concentration, and as such attorneys make themselves available to assist those who have been injured, rendered unable to work, or worse.
Let's take a more details look into these types of lawsuits.


Product Liability

These types lawsuits mainly concern a tangible product that is proven to cause damage or injury. In product liability suits, a manufacturing or design defect must be proven as the reason for a person's injury, and/or a company should be proven to have been neglectful in issuing warnings to consumers about potential dangers. In these kinds of cases not only can be manufacturer be named as a responsible party, but a suit can also name companies and businesses connected with the product - stores, suppliers, and other distribution channels. So, for example, if somebody has dinner in a restaurant and comes down with food poisoning as a result, not only could the restaurant be liable for injury but the company who supplied the food in question.


Product Defect

You may be more familiar with product defect lawsuits by way of the aforementioned class action calls. Similar to product liability, product defect is usually associated with medical products - in recent years the manufacturers of a hip replacement device have come under fire - or other mass consumer products. Cars and toys, for two, have been subject to mass recalls due to defects that could cause injury. It is possible that lawsuits followed to seek compensation for those who were physically hurt as a result of using them.
If you have used a specific product correctly and suffered illness or a life-changing injury, you may be eligible to receive compensation from the manufacturer. Discuss your options with a lawyer who works in personal injury for more information.

Kathryn Lively is a freelance writer specializing in articles on Fairfax personal injury attorneys and Maryland personal injury attorneys.

5 Ways to Prevent Trust Litigation

As the head of your household, you have probably spent much of your life keeping the peace among family and friends. While this doesn't imply that your immediate family fights constantly, one can argue that a patriarch or matriarch works to keep familial harmony in tune. Unfortunately, even the most agreeable of siblings and relatives can come to blows during the disbursement of an estate. If you have taken it upon yourself to draft a last will and testament, you want to make certain that your wishes are carried out and that nobody will try to contest the will or cause discord over property and other assets.

You won't be able to smooth ruffled feathers after you are gone, but you can take precautions now to hopefully prevent any problems for the executor of your estate. Here are a few suggestions to ensure your final wishes are fulfilled.

1) Communicate to your heirs exactly what you plan. If you intend to leave money to specific charities or parties not related to you, make sure somebody close to you is aware what you want to bequeath. If you plan to exclude a family member from your will, you may want to make that clear while you are alive so that person understands why you omitted him/her from acquiring anything from your estate. You may find, too, open communication can heal any emotional wounds.

2) Draft your will properly. Obtaining the services of an attorney who specializes in elder law can assist you well in creating a strong document that will not be contested. If it is, it should be able to hold up. You may consider adding a "no contest" clause that stipulates anybody mentioned in your will who contests its terms will be penalized.

3) Keep documents updated. When a beneficiary dies, or when a grandchild or child is born whom you wish to include in your will, make the changes to your estate plan as soon as possible. Your will may not have a clause that refers to descendents born after a certain time, and if you die before making the right changes your family may end up battling over property and monies for somebody just born. If you divorce, change your plan accordingly until you want a former spouse to receive your benefits.

When you take the time to ensure your last will and testament is valid and fair, you help make things easier for the executor of your estate.


Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

How Long Can You Stay on Workers Comp?

The last thing you expect when you go into work in the morning is an injury. No matter if you work in an office, on a construction site, or in a restaurant, every job carries some level of risk. Should you become injured while on the job, you may qualify to receive Workers Comp. Workers Comp allows you some financial compensation while you recover from your injury if you have to miss work. Depending on the severity of your accident, you may receive money to help pay bills and other essentials while you remain at home. How long, though, can you remain collecting such benefits?

The amount of time you may continue to receive Workers Comp benefits, naturally, depends on a number of factors. Because this program is regulated state by state, terms will vary depending on where you live. When you first come to work and receive orientation, your Human Resources manager should explain to you what the laws are regarding work injury at your new place of business.

Let's say you are hurt while on the job, and you qualify for WC benefits. How long will you receive them while you are out of the workplace? The answer depends primarily on your condition and recovery time. Your employer will not let you come back to work unless a doctor verifies that you are capable of returning to your regular duties. Until you receive the green light, you may continue to receive WC payments. It could take weeks, months, or even a year or more for you to full recover. However, if your employer has the means to put you in a different position - light or simple office duty, for example - you may come back to work and still receive benefits. Again, this depends on the laws where you live.

Can you be fired or laid off while you are on medical leave? It is possible. If you are injured at work and receive Worker's Comp, your company is not obligated to hold your job for you. A doctor can examine you and proclaim that your injuries will not allow you to return to your original job. Your employer, therefore, can decide if he wishes to dismiss you or find something else to do within the company. Bear in mind, though, that the status of your job should not affect your comp claim. You may continue to receive benefits while you find a more suitable position, but you definitely want to consult with somebody who can help you through this time.

Getting in touch with an attorney who specializes in personal injury law can help you figure out what you need to do when you are hurt, and how to reclaim employment.


Kathryn Lively is a freelance writer specializing in articles on Virginia personal injury law and Maryland personal injury law.

Criminal Law - When Do the Police Need a Search Warrant?

If you watch enough police dramas on television, you know eventually your favorite detectives will storm into somebody's apartment or place of work to find evidence, and somebody will ask, "Do you have a search warrant?" While some TV shows may take liberties for the sake of ratings, in real life situations will vary. You may be surprised to know there are times when a warrant is not necessary in order for the police to search your premises. Knowing when it is required is important to know.

Search warrants exist in order to protect us from irrational intrusions. The United States Constitution guarantees that all Americans are protected from such situations. If the police suspect you of wrongdoing, they will likely need to obtain legal permission to come into your house, office, or other property to find what they are looking for. However, in order to get this warrant the presiding judge issuing them must be convinced that a search will impact the case. If you are suspected of a crime, you may not have a say as to whether or not the judge should issue the warrant, but if you believe one was unfairly obtained you can confer with a lawyer.

When will police request a warrant to search?

1) If the police ask for your consent to search your property and you refuse, they may decide to obtain a warrant in order to get the job done. If you know you are innocent of wrongdoing and feel you have nothing to hide, by giving consent you waive the detectives' need to get a warrant. If evidence is found that could incriminate you, however, you are unable to reverse your decision.

2) If the police suspect you have evidence not in plain view, they may request a warrant in order to thorough search your property. However, if a person happens to be out in the open with drugs or an illegal weapon, an officer can apprehend the suspect and confiscate the evidence without a warrant.

One thing to note, too, is that in an emergency situation a warrant is not necessary. If a crime is witnessed and the suspect runs into a building, the police have the right to enter and search the premises. If it is believed that a person within a home or office is in danger, also, police may enter without the paperwork.

If you find yourself in a situation where a warrant is necessary for police to come into your house, know your rights and have the number of a good criminal lawyer on hand to help.


Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

Personal Injury Settlements - What Is Subrogation?

When you are injured in an accident by no fault of your own, you may be eligible to receive compensation for your medical bills and lost wages. Depending on the nature of the accident, payments may be made by either by your insurance company or that of the party at fault. If you end up filing a claim with your company to handle car repairs, you may not realize that the subrogation process can help you and your insurer recover the amount paid.

By definition, subrogation is the method by which you insurance agency recovers money that it pays out to relieve your bills. If you have been involved in an accident for which you are not responsible, technically you would not pay the damages. However, in order to expedite payment where necessary, you might receive funds from your company in good faith that they will be compensated. Your agency will, therefore, initiate subrogation to see to their compensation.

The Process

Insurance agencies typically have a subrogation department that receives these claims in the event of injury or accident. If you have been involved in a car wreck, for example, and your insurance plan pays out the money to have your car fixed, they will then find the agency of the party responsible for accident and make the claim. Assuming the one who caused the accident has insurance, the process may not take very long to resolve.

Let's say the insurance company of the party at fault decides they do not need to pay out the claim, what next? You will likely discuss the next step with your personal injury attorney, but chances are you will file suit against the company to get your due compensation. Depending on their willingness to cooperate, you can either settle amicable or go on to court. If you do, it is important to make sure your lawyer has all the evidence needed to prove your case.

Subrogation is an important step in resolving an accident or personal injury case, in that it allows you and your insurance company to receive reimbursement for monies paid. Your car may be fixed quickly and you will receive what physical therapy and medications are needed following your accident.

It is always a good idea to educate yourself on the proper insurance terms if you are involved in an accident, regardless of who is at fault. The more you know, the better equipped you are to handle any situation.


Kathryn Lively is a freelance writer specializing in articles on Fairfax personal injury lawyers and Wheaton personal injury lawyers.

Criminal Defense Lawyers - Questions to Ask During Your First Meeting With Your Lawyer

The last thing any of us want is to deal with the possibility of conviction for a crime. Whether you have become involved in something illegal by accident or are driven in the heat of the moment to commit wrongdoing, you should know that you still have the right to fair trial. As such, if you are able to afford the services of a criminal defense attorney, it is important to find one who will competently handle your case and work toward a solution beneficial to you. That said, you will need to thoroughly interview your candidates.

When you first sit down to meet with your lawyer, come prepared. Bring along every bit of information related to your case - this includes court documents, bail papers if applicable, and any police paperwork related to your incident. Be ready, too, to ask many questions of your attorney, which can include the following:

• Have you handled a case like this before? If so, how many?
• Did all of the cases go to trial or were you able to settle out of court?
• How successful were you in winning clients acquittal or lighter sentences?
• How long have you been in practice?
• Where did you get your law degree?
• What are your qualifications for handling this specific case?
• How do you suggest I plead in this case?
• What can I expect if I go to trial?
• Will I be required to take the stand if we go to trial?
• Do I have any advantages with regards to witnesses, evidence, etc.?
• Will you work this case alone, or do you have a partner or assistant?
• How do I contact you if I have more information to give?
• How long do you think a trial will take if we go to court?
• How much do you charge, and what is the payment plan?

The more you know about the trial procedure going in, the better prepared you will be when the time comes. After meeting with your lawyer, if you feel you can have a good relationship with the firm and the attorney is qualified and competent enough to represent you, continue the open lines of communication so you will know
what to expect every step of the way.

Remember, the lawyer you hire will plead your case and work to ensure you receive a fair trial if your case goes to court. Be cooperative and don't be afraid to ask questions.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

How to Deal With Having Joint Custody of Your Kids

When you are first married, you definitely do not expect to divorce. When you start a family, you are more concerned for your children's welfare than possible custody scenarios in the event of a split. Divorce, however, does happen under different circumstances, and if you have agreed to a joint custody agreement with your ex-spouse you may wonder how this changes the way you live. Of course, your children may not stay with you all the time, but it is important to ensure that your kids stay well-adjusted and know they are loved though their parents no longer live together.

Whether your divorce proved amicable or acrimonious, conflicts are likely to arise in a joint custody situation. There will be an adjustment period that requires at least one parent moving into a new home - perhaps both if the marriage property is sold in the separation. Your children will need to be settled in a school and other extra-curricular activities where applicable, and once those things are handled you must come to a sound co-parenting schedule with your ex.

Should you come to loggerheads over a particular situation - school pickup schedules, money, religious upbringing - it is important not to create a conflict that leads your children to believe they are causing difficulties. Regardless of the circumstances that brought on the divorce, you can work things out with your ex to the benefit of everybody involved. Here are a few tips to consider:

1) Never fight in front of your children. When problems arise, work them out in a calm manner. If you find tensions heating and you must have words, make sure your children are not within earshot. Do your best to compromise without influencing ill will, though.

2) Keep lines of communication open. Everything you need to discuss with your ex should be communicated directly. Do not put your children in the middle of a conversation like pages by having them send messages back and forth.

3) Do not disparage your ex to your children. Even on your worst day, when you want to rant out loud and call your ex every name in the book, don't say one negative word if your children are in the room. They may realize their parents do not love each other anymore, but it is not fair to lead them to think one of their parents is mean or not worthy or their love.

Taking on the responsibility of co-parenting in a joint custody agreement will require work on your part, and your ex-spouse's. Work together and ensure the health and happiness of your children.

Kathryn Lively is a freelance writer specializing in articles on NC divorce lawyers and Outer Banks lawyers.

Situations Where Your Last Will May Be Considered Void

Drafting a last will and testament is something we only hope to do one time. Creating a document that specifies our wishes after our deaths can cause some anxiety in that we are reminded of our mortality, but more than that making changes to a will can cause headaches if not done correctly. You also risk voiding your will under certain circumstances. In order to keep your friends and loved ones from inheriting any headaches along with your estate, it is important to know exactly what events can void your will.

If your will is judged void after your death, it opens the door to any number of disputes between family and friends as they argue over dispersing your assets. Charities you wished to benefit from your generosity may not receive the funds you set aside for them, and even your burial plans may be altered. It is important, therefore, to make sure you following everything to the letter. Here are a few situations that could lead to voiding your will.

1) You make unauthorized changes. When you complete a will, it is typically signed and witnessed, and notarized. If you make written additions or deletions anytime after that period, somebody could contest the validity of the will and cause problems. If you want to make corrections after the legalities are complete, you can either destroy the current will and start over, or draft a codicil to accompany the will you current have.

2) You were not of sound mind when you wrote the will. Some people may be pressured or heavily encouraged to draft a document in order to bring peace of mind for your family. However, a will written under duress or other influence could be proven invalid if somebody believes you were not of sound mind at the time. You want to make it perfectly clear that your wishes are your own, and that you have not been forced to write anything you didn't want to write.

3) Changes in marital status. Depending on the laws in your state, a will drafted before a legal marriage or divorce could allow a party to contest your will if you do not have it changed. If you have a will ready and decide to marry or remarry, speak with your attorney about what needs to be done to ensure your wishes are kept intact.

Take care to know what factors could render your last will and testament void.


Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

What Is Covered by Workman's Comp?

Given today's economy it is important to hang on to your job if you have one. Whether you work in an office building or on a construction site, though, there is a risk for injury. Some accidents may result in greater health problems than others, and therefore lead to more time off as you recover. It is important to know, therefore, what you can expect from Workman's Compensation in such a situation. What is covered by Workman's Comp as far as your bills, salary, and other expenses that arise when you are not working?

First, if you are not aware of what Workman's Compensation is, it's important to know in the event you are hurt on the job. This is a program designed to offer monetary compensation to people who suffer work-related injuries or who become sick as a result of something that happened on the job. Workman's Comp programs are handled by state, and therefore policies may vary depending on where you live. If you should fall ill due to exposure to a toxic substance at work, or if heavy equipment should fall on you while you are working with it, you may qualify to receive benefits. Typically, those who receive Workman's Comp waive the right to file suit against their employers for damages.

Once you know a bit more about what Workman's Compensation is, you need to know how it works for you. Specifically, what does it cover? Here are some of the more common benefits:

Medical Care - You could receive compensation for a variety of medical expenses, including hospital stays and doctor visits, surgical procedures, and prescription medication and equipment like crutches. Depending on the state regulating your compensation, the benefits may not cover treatments deemed alternative, like chiropractic care and certain types of therapy. If you feel these practices can aid in your healing, you may wish to obtain the services of a personal injury attorney who will help you better understand your state laws.

Rehab Services - If physical therapy is required following your injury to get you back to working condition, your benefits may cover the cost of care and other expenses.

Missed Wages - You may also quality to receive a percentage of earnings missed because you had to take time away from work to recover from your injury. If your injury leaves you unable to return to your job, Workman's Comp may cover any training and education costs involved in moving you to a new position.

Disability - Disability benefits largely depend on the severity of your accident. If your injury leaves you temporarily or permanently unable to return to your job, or work at all, you may be entitled to monetary benefits.

If you feel you have not received due compensation following problems at work, retaining the services of an accident lawyer is a good step in ensuring that you get what you need as you recover. Know the law for compensation in your state and be prepared.

Kathryn Lively is a freelance writer specializing in articles on Virginia accident lawyers and Maryland accident lawyers.

10 Reasons to Make a Worker's Compensation Claim

True, we may fantasize about taking a day or two off from work to play hooky, and enjoy time at the beach or the movies or somewhere more fun. When you suffer an injury on the job - whether a physical impairment following an accident or exposure to something toxic - you may end up losing time, which in turn could affect your home finances. If you are not aware of your rights with regards to Workman's Compensation, you definitely want to know if you qualify in the event of an injury and how it can help you in your situation. If you aren't sure that you should make a claim, here are some reasons why it may be necessary.

1) You may receive compensation for medical bills due to your work-related injury. If you are hurt on the job, filing a claim with Workman's Comp may cover any hospital stay or emergency room visit, and consequent doctor visits to treat your injury.

2) You may receive monetary compensation for lost work time. If you have to miss work because of an accident, this program allows you receive percentage of your pay so you don't have to worry about money.

3) Workman's Comp can cover the cost of equipment. Some work injuries are severe enough to land you in a wheelchair or on crutches. If so, this is covered.

4) You may receive benefits to take care of physical therapy. Appointments with a therapist and use of clinic facilities may also be covered here.

5) Workman's Comp doesn't just cover physical injuries. You may think you don't qualify for benefits if you haven't experienced physical damage like a broken arm or severe burn. In truth, this program assists employees who also fall ill due to a work-related event. This could include exposure to toxins or food poisoning, so long as your illness is connected to your job and your inability to perform it.

6) Compensation is given if you can't come back to work. If your injury does not allow you to return to your normal job, even after you've come back to work, Workman's Comp works in other ways. You may be able to make a claim to obtain training and education to handle another job at your company or elsewhere.

7) Compensation helps if you become disabled. If you are left with permanent damage, you may qualify for disability payments that come to you in lieu of your paycheck. Benefits will vary depending on the severity of your disability.

8) This program helps your family. Workman's Compensation exists so burdens are lifted while you are not working. You may not receive your full salary, but the benefits you get can put your mind at ease during this difficult time.

9) You can recuperate knowing that your expenses are covered. This program alleviates some stress so you don't have to worry about bills.

10) Lastly, it is your right to make a claim. If you have a legitimate claim to benefits, take advantage of it!
If you have questions about how your state's Workman's Comp program works, you may wish to speak to somebody in your human resources department or obtain the services of a personal injury attorney to assist you. Know your rights before you make your claim.

Kathryn Lively is a freelance writer specializing in articles on Virginia accident lawyers and Maryland accident lawyers.

3 Tips For Choosing the Right Personal Injury Lawyer For Your Case

When you are involved in an accident at which you are not at fault, several questions are certain to arise. What are the first steps to take in terms of dealing with the accident? Who pays for the medical bills? How are lost wages covered? If you find you are having difficulty with compensation owed to you by either an insurance company or workplace, you may find it necessary to hire a personal injury lawyer to handle your case. Attorneys who specialize in accidents and personal injury, or PI, work to make sure you receive the benefits due to you to handle medical and other expenses.

One thing you might notice about PI attorneys is that they are plentiful. It is fairly common to see television and print ads from lawyers advertising their services. How do you know, though, who is the best lawyer to handle your case? It is important to research thoroughly the potential candidates before you agree to let just anybody represent you. If you are looking for an accident lawyer, take care to follow these tips:

1) Research the lawyer's success rate. Find out how many cases the lawyer in question has won, and which compensations were won for his/her clients. Were any, or all, cases settled out of court? If not, how many went to trial? You will want a lawyer with experience handling your personal injury claim, so don't be afraid to ask questions as you search.

2) Obtain referrals from people you trust. If you know of a relative or friend who recently dealt with a similar situation, ask about the lawyers who represented them. Were your friends satisfied with the experience, and would they consider retaining their services at a later date? Personal recommendations carry a lot of weight, so ask the people you trust most about their personal experiences.

3) Check the Internet. Social media and opinion sites are good resources to check for ratings on lawyers in your area. If anybody has had a difficult or bad relationship with an attorney, chances are that person has either blogged about it or delivered a critical review on the lawyer's Google Places entry or other site. Gather all the reviews you can find on the lawyers you're thinking of hiring. Combined with referrals from people you know, you should be able to make an informed decision.

Choosing a personal injury attorney can be a challenge, but if you know what to look for you can make the right decision.

Kathryn Lively is a freelance writer specializing in articles on Virginia personal injury lawyers and Maryland personal injury lawyers.

The Difference Between Wrongful Death and Medical Malpractice

Inevitably our number is called and we must leave this wild, wonderful planet. Sadly, many people shuffle off the mortal coil well before their time, and by no fault of their own. To lose a loved one in an accident or due to an error in medical treatment is tragic, and while no amount of money can make up for the time you'll never share with a spouse or family member, it is helpful to know that compensation can be had to take care of funeral costs and other bills. A reputable attorney can help.

Before you proceed with hiring a lawyer for litigation, it will help you to understand the difference between wrongful death and medical malpractice with regards to your case. Whether your loved one died as a result of complications from a medical procedure or from injuries sustained in an automobile accident, it's important to know which type of suit you plan to pursue. Let's take a look at how wrongful death differs from medical malpractice, because they are not always mutually exclusive.

Wrongful Death

As the name implies, a wrongful death suit seeks to award compensation to the surviving family or heirs of a person who died as a result of negligent behavior or circumstances. In such a case, the circumstances need not necessarily involve medicine:

• A person killed in a vehicular accident by a drunk driver
• A person killed accidentally after an assault
• A person who dies after eating food discovered to be spoiled or tainted, unbeknownst to him

The above are examples where a wrongful death suit may be feasible. Surviving family members may consider talking with an attorney who specializes in these cases to determine if compensation is possible.

Medical Malpractice

One thing to note about medical malpractice is that not every case has to result in the death of a patient. Medical malpractice suits focus on the negligence of a medical professional that caused harm, with compensation sought to alleviate bills and, in some cases, assist the wronged party if he/she is unable to work or walk as a result. People who have experienced disability or disfigurement as a result of a doctor of medical staff's actions may have a case, as do others in certain situations:

• Nursing home patients mistreated in their facility
• Patients in a hospital who receive inadequate care that affects their health
• Families of patients who die as a result of neglect or incompetent behavior

If you are not certain if you stand to gain financially following the death or serious injury of a loved one, consult with a personal injury lawyer who specializes in such cases. The more you know, the better prepared you are when you wish to face those who wronged you.

Kathryn Lively is a freelance writer specializing in articles on Virginia personal injury lawyers and Maryland personal injury lawyers.

Real Estate Law - Five Laws Real Estate Investors Need to Know

The idea of investing in real estate has appeal in that it offers a potential supplemental income for the buyer. You may have heard terms like "flipping homes," where you buy a home at a low price, fix up, and sell for profit; or, you may be interested in buying up property for the purpose of seasonally renting it to part-time residents. However you came to be interested in real estate investments, know that there are a number of laws and regulations, as well as common courtesies, that you should be aware of before you start bidding on contracts.
Let's take a look at five situations that will require you to understand how real estate law works, and how to proceed during conflicts.

1) Any decision you make regarding a real estate investment must be approved by legal counsel before everything is signed and sealed. If you want to buy a condo, a duplex, or even an entire building, it is wise to have legal representation if you plan to do more with the property than live in it. You will need to be aware of laws regarding tenants and zoning, where applicable.

2) If you are involved in a legal dispute over property, it is important to have all the correct paperwork to support your case. While it would be ideal to have all transactions involving your property run smoothly, inevitably you may run into conflicts with renters. When claims are made with regards to your property, make sure you have written evidence to back up your statements in the event you wind up in court or in a lawyer's office.

3) To achieve a sound return on investment, consider long term commitments as opposed to shorter turnarounds on property. If you can find an excellent tenant willing to rent your property in the long-term, you may wish to consider offering multi-year leases. Offer prospective tenants a good deal, and it may save you the headache and expense of advertising your property every six months.

4) Make sure you know exactly what comprises the property in which you invest. When possible, have the property inspected and checking for zoning restrictions. You don't want to be stuck with a building or lot that you can't use.

5) Understand the mortgage and payment schedules to avoid defaulting. Make sure you know when to make payments and what your rights are with regards to paying for your property.
The more you know about the property you want, and the laws enforced in your area, the better for your real estate investment endeavors.

Kathryn Lively is a freelance writer specializing in articles on Chesapeake real estate and North Carolina lawyers.

Divorce - Do You Need to Get Lawyers Involved?

"Get a lawyer!" This is probably the first thing family and friends will advise you when it is learned that you and your spouse plan to divorce. While dissolving your marriage was not likely in your future plans, you may wonder if it is necessary to seek counsel in your situation. You and your spouse may not have a lot of money or property, and the split may actually be amicable. Nonetheless, having a divorce attorney in your corner can assist you through the legal procedures involved in divorcing your husband or wife, and save you a lot of headaches.

The perception that lawyers become involved in divorce cases when one spouse wants to bleed the other dry is common. We have seen plenty of TV shows and movies where a beleaguered ex-husband complains about his ex-wife's lawyer taking him for everything, but one must understand not every divorce case ends this way.
Often, attorneys are retained to assist divorcing couples to reach an amicable conclusion to their marriage and settle matters of property and child custody.

Consider, also, these factors.

1) Where child custody and visitation rights are concerned, bear in mind that if your parents are still living they may wish to see their grandchildren. A lawyer can advise you of grandparent rights where applicable.

2) Who will pay all the fees once the divorce is settled? You may wish to have an attorney on hand to help you with every step in the legal process.

3) Did you or your spouse sign a prenuptial agreement? Is it being contested now? Perhaps you had signed an agreement and wish to contest - it is good to discuss with a lawyer what can be done.

4) Do you have pets? It is not unheard of for couples to battle over custody of a beloved dog or cat. If you find this becomes an issue seek counsel.

5) If either you or your spouse plans to leave the city or state following the divorce, you may have issues to settle while you are separated a good distance. You lawyer can act as your intermediary in some cases.

Lawyers don't necessarily become a factor if and when the divorce gets nasty. You attorney is there to guide you through ending your marriage and ensuring that you receive your fair share of the marital assets. Consider hiring a lawyer if you are preparing to divorce.

Kathryn Lively is a freelance writer specializing in articles on North Carolina divorce lawyers and Outer Banks lawyers.

Facing a DUI Charge - Questions Your Lawyer Will Ask

There probably isn't a sound a driver dreads more than the wail of a lighted police car trailing close. If you have ever been stopped for a speeding offense or other traffic infraction, you know the frustration of sitting in your car while an officer runs your plates. Worse yet, if you are pulled over under suspicious of driving while intoxicated, you will have to deal with a host of issues aside from a simple fine. DUI, or DWI, is a misdemeanor charge, but depending on the severity of your case the punishment could range from suspension of your license to jail time.

If you find the charges you face could result in your going to jail, you definitely want to get in touch with a lawyer who will work to ensure a resolution that benefits you. If you believe you were incorrectly charged with a DUI - for example, the police officer might have assumed you were intoxicated while you were not - your lawyer needs to know this, and every bit of information you can provide related to your arrest.

When an attorney meets with you for the first time to discuss your case, he/she is going to ask you several questions. It is important to recall everything about your arrest and to answer truthfully in order to be treated fairly in court. Here are just a few of the questions you will likely answer, so be prepared.

1) What were you doing or before the officer pulled you over? Had you come out of a bar or left a party? If you did have something to drink, regardless of whether or not you waited before getting in your car, your lawyer needs to know.

2) How much did you have to drink? The US recognizes a blood alcohol level of.08% as being over the legal limit, though depending on where you live your state may convict at lower levels of intoxication.

3) Why did the officer initially stop you? Your arresting officer may have pulled you over for a different reason - maybe you ran a stop sign or red light, and the officer later suspected you of DUI. Recall every detail to your attorney.

4) Did anybody witness the incident? Was there somebody in the car with you when you were stopped? Was somebody walking his dog near where you pulled over? Witnesses may be of assistance in your case.
It is important to reveal everything you remember to your lawyer, good or bad. Your attorney's job is to ensure the court that you are cooperative, and to make sure you are treated fairly. The more you know about your incident can help you in the long run.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

Top Myths About Last Wills

We all have a list of chores to complete, and many of us may not look forward to doing every task. This could be said about drafting a last will and testament - we know it is a necessity, but who wants to think about what will happen after you die? You may try to defer getting this done by convincing yourself of some popular myths about last wills, but it is important you do not put this off.

Let's take a look at the more common myths associated with drafting a will, so you can understand better why these documents are crucial for your estate planning.

1) Wills are only for the rich.

Ever watch a movie or TV drama where all the relatives of a deceased billionaire are gathered in a wood-paneled office for the reading of the will? You might assume that a will is necessary only if you have lots of money and a huge mansion. In truth, even if you die with only a modest home and a few thousand dollars in the bank, you should designate what happens to your possessions. No matter the state of your income at the time of your passing, you need legal documentation that disperses it according to your wishes.

2) My family isn't going to fight over my things.

Life with your family may seem picture perfect now. Everybody gets along, and there are no arguments. Nothing should change once you're gone, right? Perhaps not, but having a will that specifies your last wishes can greatly reduce headaches and the potential for soured relationships. Let's say two members of your family want to claim a certain keepsake of yours and you voiced no intentions for it while you were alive...you will be surprised to know how quickly a rift can happen over a coveted watch or ring, or even china. Draft your will now and save your loved ones the frustration.

3) The government's just going to take all the money anyway.

Are they really? If you have properly prepared for your golden years and have arranged for your debts to be managed, you may have assets left that you'll want for your family. Without a will, the question of who receives what can get tied up in court, resulting in more expenses for your family. Consulting with an attorney who specializes in estate planning will dispel any myths for you.

For the sake of your family and legacy, get your last will and testament settled before it is too late. Go with the peace of mind that your final wishes are carried out.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers who specialize in estate planning.

Tips For Making Your Own Last Will and Testament

It is the one thing you probably don't want to do, but you know it needs to be done. The idea of preparing your last will and testament may make you uncomfortable, but it is important to ensure all necessary arrangements will be handled when you die, so that your family will not be forced to deal with legal tangles. When you draw out a will, you make clear how your property and assets should be dispersed, and you let people know how to take care of burial and funeral ceremonies. In some ways, a will is viewed as a time saver, and it certainly saves your loved ones lots of headaches.

If you are not sure how to go about planning your will, the counsel of a reputable lawyer specializing in elder law can properly assist you. Before you make your appointment, here are a few things to consider in order to have a productive experience.

1) Make sure you have all information on your property and assets. Have information on your money accounts and property deeds, and confirm which accounts have beneficiaries assigned. If you wish to make changes regarding your beneficiaries, make sure they correspond to your will.

2) Consider future heirs. If you have grown children and wish to leave something to them and their children, take into consideration the grandchildren that may be born after your passing. Your attorney can assist with provisions that benefit heirs not yet born.

3) Research charities. You may want to leave something behind to a favorite charity, or perhaps offer an endowment to your college or other organization close to your heart. While there is no doubt your donation will be appreciated, there may be some legal hurdles to overcome to make that happen. Find out what is required.

4) Check, and check again. Hopefully you won't expect to make last-minute changes to your will, so take the time to ensure it is written the way you want it. Make sure the right version of your will is read when the time comes - your attorney can advise you on all matters.

When you have a last will and testament spelling out your intentions for your assets, your heirs will have an easier time carrying out your last wishes. Drawing up a will need not be a depressing event, for you can take comfort in knowing that your children and grandchildren are provided for, and that your legacy remains alive.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.

Child Custody Battles - What to Expect at a Custody Hearing

When couples make the decision to divorce, they know the road ahead could prove rough if there are conflicts to resolve. Alimony payments and division of marital assets are one consideration, but if you have children you must consider custody arrangements. Assuming your divorce is amicable, the question of custody will hopefully be answered quickly and to the benefit of everybody involved. Not every hearing will play out as a repeat of "Kramer Vs. Kramer," but it is good to know what to expect should you find it necessary to work out an agreement with your attorney.

It is important for your child to know he/she is not the cause of your marriage ending. For your child's benefit, it will likely be recommended that he/she is shielded from tougher spots in negotiation, particularly if there are tense moments between you and your soon to be ex-spouse. Friends and counsel may warn you that your ex and his/her lawyer may attempt underhanded tactics to present you in a bad light, but ultimately a court decision will determine the best solution for your child's well-being.

What typically happens in such cases is you or your ex-spouse will file a petition for custody. This is done independently of filing for divorce, but would happen around the same time. Your attorney can assist you in the particulars, where you will state why you believe you are the best choice for custodial guardianship.

Next, you will meet with your ex-spouse and his/her legal team for a hearing to determine which parent receives which rights. If you are able to come to an amicable agreement at this stage, everything will be made official. You may receive sole custody - where your children will live with you full-time - while your spouse receives visitation rights. This is obviously more common in situations where both parents live in the same area.

Joint custody is another option for parents. Here the time the child spends at home is split between both homes - parents living in the same area may alternate weeks, while a parent living in another city or state may have the children stay entire summers or during the school year.

During these hearings, both legal teams will also determine child support payments. These monthly stipends are typically paid to the custodial parent to handle expenses accrued following a loss of joint income. If a custodial parent remarries, alimony support may cease but child support may remain intact unless another hearing determines otherwise.

Should you and your spouse fail to come to terms of custody during an initial, you may end up going to trial, which involves meeting before a judge who will make the final decisions.

If custody is an issue in your upcoming divorce, discuss with your attorney what is expected of your during a custody hearing, and above all remain positive for the sake of your children.

Kathryn Lively is a freelance writer specializing in articles on North Carolina lawyers and Outer Banks lawyers.