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Can I File a Personal Injury Lawsuit/Claim? What to Know

When you have been involved in an incident or accident that has caused you harm, you may probably have thought of filing for a personal injury lawsuit for recuperation. Michigan courts allow personal injury plaintiffs to file up to three (3) years after the incident. There are certain factors that need to be reviewed, however, before you can be allowed to file. In the event that something happens to you and you get injured in the process, attend to yourself first. After doing so, be proactive by taking steps to help validate a personal injury lawsuit in case you might want to file. Record every detail by taking on-the-scene photographs as they can be used for evidence. Keep track of your hospital visits, note down contact information from people you believe to be vital for the case, such as witnesses, and keep medical bills and receipts secure. Be sure to inform the person you plan to sue (the defendant) of your plan to sue. Afterwards, evaluate your situation (be sure to keep in mind the succeeding scenarios as they can help determine if you have a viable lawsuit or not). First, assess if you suffer physical, mental, or emotional injury. Did the incident not only cause damages to your property but to your person as well? If the accident dented your vehicle but did not injure you in any way, be it physical or psychological, you don’t have a reliable basis for personal injury charges against the other person. Next, if you did sustain injuries, was it because of the negligence or misconduct of the other party? If it was due to the other person’s carelessness that you are suffering from that broken bone right now, that person or entity is liable for the harm caused. To establish a negligence claim, four elements have to be proven. These are · Duty – It is the defendant’s legal duty, in a certain circumstance, to act in a specific way towards the plaintiff. · Breach – The defendant did not act as what was expected, thus breaching that legal duty. · Causation – The plaintiff’s injuries were actually caused by the defendant’s action (or inaction). · Damages – The plaintiff sustained injuries because of the defendant’s action (or inaction). Finally, check if you have damages that can be recovered. If you can prove that your injuries have been the result of another person’s or an entity’s negligence, the court can award you money to compensate for your losses, such as your medical bills and lost wages. While you need this general personal injury knowledge to decide on a petition, an experienced attorney in the field concerned can explain the whole process in full detail. As you contemplate on the filing you might make, Van Tubergen, Treutler & Hayeswill help you understand your legal rights and guide you through complex federal and Michigan laws. For a bankruptcy lawyer in Grand Rapids or Grand Haven, Michigan, call 616-377-0087 or contact us for a FREE initial consultation now.

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                          What is the importance of Spousal Support?

When a marriage no longer works, there’s a big possibility that it will end up in a divorce. Spousal support, among others, is one issue that can be brought up during divorce proceedings. What is the importance of spousal support, and how do Michigan courts decide whether to grant it or not?

Spousal support, or alimony, is a legal obligation of providing financial assistance to a person by a former spouse before or after a divorce. It could help that person especially if he/she is financially-dependent on the other. Unlike in child support cases, where there are definite guidelines for determining how much payment will be made, spousal support petitions have to be evaluated first on a case-to-case basis before deciding if either of the parties involved owes the other support money or not. There is a broad range of factors considered in Michigan courts that influence final judgment on spousal support cases. They most often include:

• The conduct of each spouse during the marriage and the length of marriage. Spousal support may not be awarded to a person who has been unfaithful to his/her marital partner nor has a history of substance abuse during the marriage. Also, there is a higher chance that a judge will award alimony if the marriage had been a long-term one (ten years or more).

• The age, health, needs, assets, and ability of each spouse to work. Although properties acquired during the marriage will be divided between the parties undergoing a divorce, these assets have to be evaluated since it is possible that the properties awarded to a person cannot cover living expenses. A person’s health is also taken into consideration as it may influence his/her ability to work and ability to meet his/her needs. Age is also a deciding factor as older people might find it difficult to get back to work again.

• The capacity of the spouse who is asked for spousal support to deliver the payment. The person from whom alimony is requested will also be evaluated on his ability to provide support, since he/she also has to attend to his/her needs.

• The living conditions of both parties during marriage and the present. The judge will consider the standard of living the parties had during marriage and may use it as a basis for awarding spousal support. The present living conditions of each spouse, like his/her earning capability and whether he/she is living with somebody else or has people to support, will also be taken into account.

• The principles of equity. Fairness will be exercised in determining the amount of alimony to be paid and how long it will be paid.

Spousal support can either be temporary or permanent, and the length of time a person has to pay can also be determined by the factors stated above and other reasons as well. In any case, petitions for spousal support are complex matters and need the help of experienced attorneys who are knowledgeable with every aspect of divorce cases. Van Tubergen, Treutler & Hayes is a respected law firm which has served and earned the trust of its clients. If you are looking for a divorce lawyer in West Michigan with dependable expertise in family law, contact us now at 616-377-0087. You can also request for a free initial consultation here.

https://www.vttlaw.com/family-law-attorney-grand-haven-mi.html

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               Domestic Violence and its Negative Effects

Incidents of domestic violence are not fresh news. In the United States, an alarming statistic reveals that about 20 people per minute, on average, are being abused by their partners. Domestic violence causes a lot of negative effects to its victims which, though may be lessened activities such as therapy or counselling, could leave scars that could last a lifetime. Men, women, and children victims alike suffer from the negative effects of domestic violence. Some of them are listed below.

• Physical effects. The most common form of domestic violence is physical abuse. You get headaches, ugly bruises, and broken bones and sometimes, you get worse. Some victims could acquire circulatory and gastrointestinal conditions as a result of exposure from too much abuse. Problems with pregnancy can occur in women victims. Sexually-transmitted diseases and reproductive disorders can also manifest in those abused sexually.

• Mental and psychological effects. Because of abusive experiences, victims find themselves questioning their self-worth. Domestic abuse can trigger depression which might cause the victim to entertain suicidal thoughts. The victim can also get flashbacks and nightmares of the abuses, termed as Post-traumatic Stress Disorder (PTSD), which can cause sleep disturbances.

• Emotional effects. Feelings of unworthiness, helplessness, and hopelessness are generally experienced by abuse victims. Effects of domestic violence also include an inability to trust others and being unmotivated and disinterested about the future.  

• Effects on children. Children who experience abuse, or those living in homes where domestic abuse happens, may exhibit violence in school or at home in response to threats. They are prone to behavioural problems and pessimistic outlooks in life and may have difficulty befriending others due to poor social skills. Children who grow up exposed to violence at home have greater risks of committing crimes and engaging in alcohol or substance abuse in the future. Witnessing or experiencing domestic violence, in turn, may most likely cause male children to batter their future partners. Female adults who’ve witnessed their mothers being abused as children have a greater rate of being abused themselves.

Any household member can be a victim of domestic violence. If you need help, you may call the U.S. National Domestic Violence Hotline at 1-800-799-SAFE (7233). This hotline is toll-free and open 24 hours a day anywhere in the United States. Michigan domestic violence laws have available legal protection for victims such as securing restraining orders and spousal or child support orders.

Although we may not fully understand what it must feel like to be left scarred by domestic violence, please know that we care and would offer the best efforts that we have to help you get through such a tough chapter in life. Our lawyers at Van Tubergen, Treutler & Hayes have represented many clients in court and have established good reputation in the West Michigan area. We will help resolve your family issues because we know how devastating domestic violence can be. If you need a domestic violence attorney, you can contact us today for a free initial consultation at 616-377-0087.

https://www.vttlaw.com/domestic-violence-attorneys-lawyers-grand-haven-mi.html

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                                       Bankruptcy: What to do?

Bankruptcy is a legal procedure in Federal Court which is provided through Article 1, Section 8, Clause 4 of the United States Constitution. Congress establishes statutory laws concerning bankruptcy through Title 11 of the United States Code. There are also state laws which may also apply. The information contained herein is not complete and further legal advice may be required. Information is from the current BAPCPA law.

Declaring bankruptcy can be pretty stressful and is an extreme measure, but if used in a right way and the right time, it can definitely save you money and give you peace of mind which can help you get on your feet in no time.

However, declaring bankruptcy can also be expensive and time-consuming, and have a huge impact on your credit store. This, in turn, can have far-ranging effects on other aspects of your life, such as buying a new car or home, or even applying for jobs. Also, waiting to declare bankruptcy until you are completely broke can actually work against you.

Van Tubergen and Treutler, PLLC represents consumers in filing two types of bankruptcy petitions – Chapter 7 and Chapter 13. In a Chapter 7 bankruptcy, the debtor surrenders all non-exempt property to a bankruptcy trustee who then liquidates that property and distributes the proceeds to the debtor’s unpaid creditors. As a result, the debtor is entitled to a discharge of the unsecured debt, meaning the debtor is not legally responsible for further payment.

Typical unsecured debt would include credit cards, medical or dental bills, retail accounts, etc. The debtor’s secured debts are handled by reaffirmation (an agreement to continue regular payments with a creditor), redemption (payoff of an agreed amount owed the creditor) or surrender to the trustee of the item secured for disposal by sale. Secured items are generally homes, automobiles or large item purchases at retail stores. Further some debts are not dischargeable, such as student loans, spousal and child support, some taxes, etc. Debtors are also able to exempt a certain amount for particular items or in some cases the entire value of items in order to keep them.

https://www.vttlaw.com/bankruptcy-attorneys-in-grand-haven-mi.html

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                                       Michigan Child Custody

Michigan encourages both parents to remain involved in their children's lives, even after divorce. Courts are required to consider joint custody, if either or both parents request it. However, there are different kinds of child custody in Michigan. Let's talk about them.

TWO TYPES OF CUSTODY: LEGAL AND PHYSICAL

Parents can share Legal Custody which is referred to as “Joint Legal Custody” or one parent may be awarded Legal Custody which means one parent has “Sole Legal Custody”.

If the parties are awarded “Joint Legal Custody” then each parent shares in decision-making regarding the children and parents must consult with one another to make decisions including schooling, religion, medical issues and other important child-rearing issues.

Joint Legal Custody also provides each parent with access to their children’s health and medical records. However, in some cases one parent will be awarded “Sole Legal Custody”. In these cases, the parent with Sole Legal Custody does not have to consult with the other parent regarding important issues involving the minor child.

The second form of Custody is known as “Physical Custody”. Physical custody as shared between the parents is referred to as “Joint Physical Custody” or one parent may be awarded Physical Custody which means one parent has “Primary Physical Custody”.

“Joint Physical Custody” means that the parents attempt to share parenting time with the children on a more or less equal basis. This generally occurs when the parents can cooperate with one another for the best interest of the children.

So, how does the court decide the custody issues? The court's custody award must be based on the best interests of the children, as determined by a number of factors set out in the state's custody law.

The court should look into the best interest of the child standards as per the custody law in Michigan.

Child custody in Michigan is very complex. There are various burdens of proof which can impact the outcome of a case. It is recommended that if you are involved in, or are looking to initiate a custody action, that you retain the services of an experienced law firm such as Van Tubergen, Treutler & Hayes, PLLC, with experience in domestic relations law.  Contact us today for a free initial consultation.  616-377-0087

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                                     Divorce and Paternity Action

A paternity action will decide who should be paying for the support, and how much the parents should be paying.

Paternity action is one way to identify who are the biological parents of the child especially when the child is born out of wedlock.

When a child is born with an unmarried parents the mother has sole legal and physical custody until a court order says differently. The unmarried father will not have the custody or the visitation rights of the child.

For the divorced couple, the custody is equal to both parties if there is no court order to whom the child will be given. If the father wants the custody of the child he may file a paternity action.

Establishing Paternity

A child’s paternity is important and is especially important regarding:

• Issues of the child’s legitimacy

• Issues of inheritance and rights to a Father’s title or surname

• The biological Father’s rights to custody, and

• Obligations to support the child.

Paternity Lawsuit

If a father is not married to the mother, he can sign a voluntary acknowledgment as a father of the child. But if the parents separated and is into the child custody. A DNA test will be conducted if the father wants to have the child. If the father is certain that he is the father of the child and wants to hold for a custody of the child or may have the visitation rights. A father can file a paternity lawsuit.

The fastest and most accurate way of establishing paternity is through DNA testing. It is typically ninety-nine percent (99%) accurate.

Visitation

An estranged father can also file for paternity action if he wishes to have a custodial or visitation rights with his child.

There is no equitable dissolution in a paternity proceeding just like there’s no alimony in a paternity proceeding. Paternity is limited to things dealing with the children. In that regard, a paternity action and a divorce action are exactly the same. As with any area of the law, a person whose name is not on the house, is not necessarily completely out of luck.

Paternity actions are complicated. Even if prosecutors initiate the case, they are only interested in establishing paternity and child support to reimburse the state. If you are seeking for custody or parenting time, they will not be of any help. Thus, you need someone who has who has extensive knowledge in paternity, custody, parenting time and child support.

The attorneys at Van Tubergen, Treutler & Hayes, PLLC in Grand Haven, Holland and West Michigan will give you an experienced counsel and will help you win your case. Call 616-377-0087 for free initial consultation.

https://www.vttlaw.com/paternity-action-attorney-grand-haven-west-michigan.html

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What Should You Look For In a Personal Injury Lawyer

If you have ever been involved in an accident and was injured, you may want to expect compensation brought about by the damages and want to hire a Personal Injury Lawyer who specializes in personal injury cases. These cases may vary from work-related injuries, medical malpractices or factory defects caused by auto accidents.

A Personal Injury Lawyer is someone who provides legal assistance to those who claim to be injured physically and psychologically as a result of another’s misdeed, whether willfully or through negligence. They are experienced and knowledgeable in the Tort Law that includes civil wrongs and economic or non-economic damages to property, reputation or right.

The responsibility of a Personal Injury Lawyer encompasses professional and ethical rules and codes of conduct. They file legal complaints, argue cases in court, draft legal documents, offer legal advice, and seek redress for the victim. They are also known as Plaintiff Lawyers.

When hiring a Personal Injury Lawyer, it is important to know beforehand the fees you are going to pay. Some lawyers give free consultation, while others may charge something. Not all attorneys are the same as they have different business styles. During your initial meeting, you will be able to get the “feel” of how the two of you can work out the case.

One important factor to consider is the track record of the person you are hiring. This is relevant in all other endeavors in our life. But in this context, it is really important because life and property are affected. Do your homework then. If you know someone, or perhaps you have friends and colleagues whose cases this lawyer have handled, ask about them, and how did he deal with them. Find out what kind of cases your Personal Injury Lawyer have handled and what is his success rate of winning cases. If he has an excellent record, then the consultation fee you have paid at the start of your transaction is well worth it. If at the very start this prospective Personal Injury Lawyer is not willing to meet with you in person to discuss your troubles, then you can forget him and move on to your next prospect.

After your first consultation, when you decide that this is the Personal Injury Lawyer for you and your case, you can now start collecting significant documents that are relevant and may help you push through the case. Each evidence is important to the lawyer so he can study your case well.

Contact the Auto Accident Attorneys at Van Tubergen, Treutler & Hayes (616-377-0087 ) today for a free initial consultation.

https://www.vttlaw.com/auto-accident-attorney-lawyer-grand-haven-michigan.html

Summary: When hiring a Personal Injury Lawyer, it is important to know beforehand the fees you are going to pay. Some lawyers give free consultation, while others may charge something.