This content shows Simple View

Dean Wallace

Divorce

Separation legislations differ from state to state. While divorcing partners once were needed to show a reason for the dissolution of the marital relationship by designating fault to one of the celebrations (like infidelity, sterility, abandonment, insanity, or imprisonment), every state now enables for “no fault” separations (normally on the basis of “intransigent differences”). Some states need a duration of separation prior to separation (some also require treatment), as well as this has actually led to the creation of an additional category of partnership called “splitting up.”.

Divorce Law

For functions of distributing properties after a divorce, courts split building under one of 2 fundamental systems: neighborhood residential property or equitable circulation. In neighborhood property states, both the spouse and also partner similarly own all cash gained by either one of them, regardless of which partner acquired it, from the beginning of the marriage till the date of separation.

With fair circulation, on the various other hand, earnings as well as assets built up during marriage are split relatively, but not always similarly. The court may consider such factors as the respective spouses’ significant contribution to the accumulation of the residential or commercial property, the marketplace and also psychological worth of the possessions, tax obligation as well as other financial repercussions of the circulation, the parties’ requirements, and any type of other aspect appropriate to fairness as well as equity. Alimony payments, child assistance responsibilities, as well as all various other residential or commercial property will be taken into consideration as part of the equitable circulation.


Courts may additionally allow the celebrations to agree independently to terms for the separation, subject to the court’s final authorization. Uncontested separations are generally much less costly, a lot a lot more amicable, and also much quicker than disputed divorce cases.

localtoplaw.com


In situations including kids, states have a considerable public rate of interest in ensuring that the kids are adequately offered for, as well as that they remain in the custody of a parent or guardian who will certainly provide a secure and also encouraging house setting. All states currently require moms and dads to submit a parenting plan or to select safekeeping as well as visitation, either by reaching a written arrangement or in a court hearing, when they legitimately separate or separation.

Divorce regulation handle the legal action controlled by state law that terminates a marriage partnership, requiring an application, or problem for divorce or dissolution by one of the celebrations. As soon as a divorce is final, celebrations to a separation are totally free to remarry. Premises for separation differ by state statutes. Some states still need a minimal showing of fault, but no-fault separation is now the guideline, with some states allowing divorce based on mistake and no-fault premises. Only state courts have jurisdiction over divorces, so the petitioning or whining celebration can just submit in the state in which he/she has and also is been a resident for a time period. In many states the duration from initial declare divorce, serving the application on the various other celebration and also final judgment, or mandate, takes several months to enable a possibility of settlement.

While separating partners when were required to show a reason for the dissolution of the marriage by appointing mistake to one of the events (like adultery, sterility, imprisonment, abandonment, or insanity), every state currently enables for “no mistake” divorces (generally on the basis of “irreconcilable distinctions”). Uncontested divorces are usually much less expensive, much extra amicable, as well as much quicker than challenged divorce cases.

Separation law bargains with the legal proceeding regulated by state legislation that ends a marriage partnership, requiring a request, or grievance for separation or dissolution by one of the celebrations. When a divorce is last, parties to a separation are totally free to remarry. Some states still require a marginal showing of mistake, yet no-fault divorce is now the guideline, with some states allowing divorce based on mistake and no-fault premises.



Are BHPH Car Dealer A good Idea?

You may have listened to the term previously, however didn’t actually know what it indicated so this article will certainly supply you with a review of what the Buy Here Pay Here Car Dealer is all around. To place it just it suggests that the car supplier is saying that you can purchase the car here and pay for it below.

BUY PAY HERE CAR LOTS

Used car dealers MN
Used Car Sales BHPH


The facility of the Buy Here Pay Here car dealer is that they market vehicles to people that have bad credit and also they fund them in residence and then the client pay the repayments regular or twice monthly depending upon the consumer and their income and also financial standing.

Nothing Typical concerning Buy Here Pay Here Car Dealers

Unlike the typical car supplier that uses third-party lenders to fund automobiles for purchasers the BHPH car supplier funds the acquisition themselves. Not only do their clients have bad credit they may have really bad credit, insolvencies, foreclosures or no credit whatsoever. Generally these customers can not fund a car anywhere except at a buy here pay below car lot. You might say it is a last resource when it concerns acquiring as well as financing a lorry.

The BHPH car dealership consumer certifies for their car finance by verifying their revenue and also capability to pay and also offering a checklist of verifiable recommendations that understand them as well as where they live. The car purchaser is normally called for to make their car payments weekly at the dealership, in individual and also pay with cash money.

When you are late with your once a week car repayment as well as you have not made a plan of some type it is very likely that your car will be repossessed within a day or 2. The consumer is educated of the feasible effects for late settlements which strengthen the importance of making prompt settlements. The enforcement of the late policy at Buy Here Pay Here car dealers is typically extremely effective at maintaining car payments present.

Purchasing cars from Buy Here Pay Here Dealerships is not for the individual that can obtain financed at a routine car dealership.

To put it just it indicates that the car dealership is stating that you can buy the car below as well as pay for it right here. Buy below pay right here car dealers sell utilized automobiles at a greater price than you would pay if you were paying cash for a car and also they are normally greater mile lorries. The enforcement of the late policy at Buy Here Pay Here car dealers is generally extremely effective at maintaining car repayments current.

If you were paying money for a car as well as they are generally greater mile automobiles, get below pay below car dealers market utilized autos at a greater cost than you would certainly pay. The customer pays a high interest rate and they are required to have a deposit. The made use of autos that they offer are usually in very good condition as well as have actually been checked, serviced and also all needed repairs are finished. They recognize that if they market junk autos their consumer will quit making their car payments so they take care to sell reputable cars.

Acquiring autos from Buy Here Pay Here Dealerships is not for the person that can obtain financed at a normal car dealer. It is a special kind of arrangement that must be just used by the individual that can’t acquire and finance a car due to their individual monetary scenario and credit rating. Nevertheless if you require a trustworthy lorry as well as you have credit troubles that will not enable you to get a vehicle lending the BHPH car whole lot can be your ideal choice.



Car Loans | Bad Credit Legal

Car Loans

Loan Sources: The Dealer or a Direct Lender?

Two main sources for a vehicle loan are the car dealership’s finance office or a direct lender, such as your bank, an online lender or your local credit union.

If you obtain financing from a direct lender, the loan proceeds are used to pay the dealer for your car. Some advantages of using a direct lender are you won’t have to deal with the dealer’s finance office as part of your shopping trip, and you may find a good deal on a loan, especially from lenders with which you have current accounts, such as your credit union.

Dealership financing offices can give you one-stop shopping and loan offers you won’t find elsewhere. Once you complete a credit application, the finance manager can search sources for the right loan product. Car manufacturers have finance companies, and offer promotional loan products and rebates, such as low or zero percent financing or cash back on a deal.

 

Dealerships also sell your car loan to lenders and finance companies. You set the loan up with the dealer, and your loan contract is assigned or sold to that lending source. The finance manager shops your profile around to the lending sources, and will likely have several lending options for you to choose from.

With either loan source, your credit score, credit history and finances matter. Most of the loan underwriting process is automated, with sophisticated computer programs doing the work. Your credit data goes in, and the proposed loan terms are returned.

If your credit reports and scores aren’t correct, you may not see the best terms on the loan you’re offered. If you know there’s an issue, such as items related to identity theft on your credit report, or there’s an unusual situation with your income and finances, the lending officer can look at alternate ways to review your loan application.

The Law and Your Loan Contract

Be prepared for problems as you navigate the loan process, and know how to react. A number of federal laws, such as the Truth in Lending Act, and the Fair Credit Reporting Act protect consumer rights in financial transactions. These laws require protections such as consumer disclosures for your loan so you know the loan rate, payment amounts and the total amount you’ll pay in interest over the life of the loan and late payment fees. State laws often provide added consumer rights.

When you’ve decided on your loan, read through the loan contract. Look for all the key terms, such as the interest rate and payment information, and ask your loan officer questions if there’s something you don’t understand. Also ask when your first payment is due – you may be given a temporary coupon or bill before your loan coupon book or monthly loan statements arrive. Don’t start with a late payment. Your lender will likely keep your car’s title until the loan is paid in full.

Questions for Your Attorney

  1. My car loan was sold to another lender, and I think some of my payments weren’t properly credited to my account. How do I fix this problem?
  2. Does a dealership finance office have any duty to find the best loan for my needs? How do I know I’m getting the best deal possible?
  3. I have excellent credit, but didn’t qualify for a car maker’s special loan deal. Are low or no interest loan offers ever scams?


Do you need a divorce attorney?

Do You Need A Divorce Lawyer?

The response is dependent on a variety of aspects, including the personalities of the men and women included, the value of what is at stake, and occasionally, on how considerably you rely on legal professionals and courts to take care of troublesome problems. In basic, the a lot more perform your lawyer does and the more you go to court, the larger the financial and psychological toll. But how do you keep away from courts and lawyers?

Make Divorce Conclusions by YourselvesLAW Management group

In idea, at least, it is easy: It is typically ideal if you and your wife or husband can function out thorny issues with each other, maybe with assist from a neutral 3rd particular person, this sort of as a mediator. You preserve control in excess of this sort of crucial issues as how your kids will be lifted, what takes place to the family home, and how your residence will be divided. If you and your wife or husband can function these troubles on your personal – and several, if not most, couples can – you will preserve yourselves time, income and anguish. More importantly, you will spare your children the hideous spectacle of extended parental fights, supporting them appear by way of the divorce as undamaged as feasible.If you and your partner are in a position to solve the massive inquiries of children, funds and house, you will only require to obtain a created divorce judgment from the court – that is the piece of paper that declares your relationship has finished and you are now one.

Maintain Divorce Attorneys From Fanning the Flames

When you’re emotionally distraught or angry, turning all the particulars and headache of a divorce in excess of to a divorce law firm may possibly seem to be like a ideal resolution. Unfortunately, it doesn’t always simplify issues.

It is all about the law firm you retain the services of, so it’s critically important that you locate the correct 1. If you want a lawyer’s assist but you nevertheless want to keep your divorce civil, make sure you retain the services of a law firm who will support that strategy. When you job interview possible attorneys, inquire them whether or not they really feel favorable about negotiating a settlement instead than combating it out in court. Legal professionals operate under a key directive: the zealous pursuit of their client’s passions. If you make sure to allow the law firm know that your curiosity is in an amicable divorce, then that’s what you must get.

Regrettably, some attorneys make it a practice to be as intense as achievable, and if your wife or husband finds a attorney like that, you could have to struggle fireplace with fireplace. In these circumstances, the fight can go on and on, intensifying in enthusiasm, until one or equally spouses run out of money and limp to the settlement table.

Even worse, if there are children, the struggle depletes not only your pocketbook, but also your children’s feeling of safety. As soon as the lawful fight is more than, making an attempt to set up a normal ongoing parenting connection in between the two mothers and fathers and the youngsters can be quite tough.

How Collaborative Practice Works

Some family members attorneys are attempting a comparatively new divorce technique known as “collaborative follow,” in which the clientele and lawyers concur that they will not go to court docket but will share information voluntarily and work cooperatively towards a settlement. Collaborative legal professionals will just take instances only where the other spouse has also employed a collaborative law firm and the lawyers indication an arrangement that, if the scenario cannot be settled, the events have to employ the service of new lawyers to take care of the litigation. This gets rid of the lawyers’ economic incentive to go to court docket and encourages everybody to settle earlier.

https://www.law.cornell.edu/wex/divorce



Mortgage | Low Credit Score

Can you refinance your mortgage with bad credit? Short answer: Yes.

Several legitimate refinancing options, including programs like the Home Affordable Refinance Program and the Federal Housing Authority’s streamlined refi, don’t require credit checks or credit scores.

In addition, others types of refinancing loans (like Veterans Affairs refinancing or a second FHA offering), give lenders wide latitude to work with homeowners who have damaged credit, though the exact requirements will vary by lender.

About 14.5 percent of homeowners who refinanced in December 2017 had FICO scores below 650, according to mortgage software company Ellie Mae. And just under 5 percent had credit scores below 600. So while refinancing with bad credit isn’t the norm, it is possible.

If you have blemished credit and want to refinance your mortgage, here are seven options to investigate.

Get a copy of your credit report then:

1. Try your own lender first

A good place to start your search for a mortgage refi is your current mortgage lender, says Bruce McClary, spokesman for the National Foundation for Consumer Credit. Ask if you can get a refinancing loan or a streamlined refinancing loan.

If nothing else, this can serve as a benchmark to compare with other lenders or other refi options.

And let your own bank know you’re going to be searching for refinancing options. In many cases, the bank may be motivated to give you a deal if it wants to keep your business.

If you’re current on your mortgage, bad credit might not be an issue. If you haven’t been paying your mortgage on time, the bank might be more inclined to turn you down.

2. See if you qualify for HARP

The Home Affordable Refinance Program, or HARP, is the Department of Housing and Urban Development’s refinancing program for troubled homeowners. It was introduced in 2009 for homeowners with little (or even negative) equity.

HARP doesn’t require a credit score, and lenders will not pull the borrower’s credit report, says Megan Moore, special adviser to the director of the Federal Housing Finance Authority.

The program does have the following requirements:

The original loan must be owned by Fannie Mae or Freddie Mac.
You must have made no late mortgage payments in the past six months, and no more than one in the past year.
Your loan was originated on or before May 31, 2009.
Your loan-to-value ratio must be greater than 80 percent.
The home must serve as your primary residence, second home or an investment home with one to four units.
The program was scheduled to end on Sept. 30 but has been extended through Dec. 31, 2018. You can find a list of HUD-approved lenders at HUD.gov.

3. Try FHA’s streamlined refinancing

If you already have an FHA mortgage, FHA has a refi deal for you — a streamlined refinance with no credit or equity requirements.

This program is just for homeowners who want a lower rate, shorter term or lower payment. There’s no cash-out option allowed, says Kevin Stevens, director of the FHA’s home mortgage insurance division.

And there’s a “net-benefit test,” Stevens says. Homeowners must be able to cut the repayment term or be able to slice the interest rate by at least a half-percent.

There’s no home appraisal, equity requirement or income/employment requirement. And bankruptcies aren’t an issue.

But you do have to be current on those mortgage payments. You can have only one late payment in the past year, and that one payment can’t have been late by more than 30 days.

Best of all, since there’s no credit check, you get whatever FHA’s current market rate is.

FHA will offer a significantly lower interest rate than many other loan options, says Carolyn Warren, author of “Mortgage Ripoffs and Money Savers.”

On the downside, you can’t get extra cash through this refi or remove any of the current borrowers from the loan.

You can get another copy of your credit report after 30 days to see if it changed.

Next Article



Is your Homeowners Insurance Refusing to Pay for New Roofing or Siding Material?

Is there a Minnesota law requiring insurance companies to “match” your shingles or siding in an insurance claim?

Sometime protection companies insist on only changing a portion of a roof or siding, particularly the area that has direct physical damage. This may be one slope of a roof or one side of a house. Is there a Minnesota law requiring insurance companies to match existing material?

Minnesota statutory or legislative law address this issue in this manner:

(8) except where limited by policy provisions, settling or offering to settle a claim or part of a claim with an insured under replacement value provisions for less than the sum necessary to replace the damaged item with one of like kind and quality, including all applicable taxes, license, and transfer fees;   72A.201 REGULATION OF CLAIMS PRACTICES Subd. 5.Standards for fair settlement offers and agreements. (bold emphasis added by Daryl)

I am not aware of any other statutory law requiring insurance companies to match existing material.

I added bold emphasis to the above statutory law to emphasize some key component that have been litigated and thereby establishing case law in Minnesota. Other states may have similar statutory law and resultant case law but I typically provide Public Adjuster services in Minnesota, therefore this post addresses only Minnesota law.

“excluding where limited by policy provisions”. What does this mean? Insurance companies are starting to add endorsements to their policies that limit or eliminate the wording of “like kind and quality”. Insurance policy are contracts between the insured and insurer. Litigation is settled under contract law principles. Therefore, the insurance policy (contract) may make the above quoted clause, irrelevant with your claim.

A typical ISO (Insurance Services Organization) replacement cost policy will have wording like this: “Repair, rebuild or replace the property with other property of like kind and quality”. Sometimes this is worded in this manner: “comparable material and quality”. 

In the last fifteen years there has been at least three major Minnesota court cases involving the issue of “matching”, “like kind and quality”, “comparable material and quality” and “direct physical damage”. A summary of these cases (chronological order) are as follows.

In 1999, Minnesota Attorney General Mike Hatch filed a complaint in District Court against American Family alleging false advertising, deceptive trade practices, consumer fraud and violating the above quoted statutory law. At this time American Family’s replacement cost policy contained wording in this manner: “the cost to replace the damage building with like construction for similar use on the same premises”

The court concluded:

Defendant’s (American Family) practice and policy of limiting the amount paid to settle claims under the replacement value provisions of its homeowner’s policies to the cost to repair only the damage areas, when the repairs result in mismatches in materials because of the unavailability of matching materials, violates the requirement under Minn. Stat. {72A.201, Subd. 5(8) (1988) (Bold emphasis added by me)

The court ordered:

The State is awarded partial summary judgment against American Family Mutual Insurance Company for declaratory relief that American Family’s obligation to pay claims under replacement value provisions of its homeowner’s insurance policies, based upon American Family’s policies and Minn. Stat. {72A.201, Subd. 5(8) (1988)  (bold emphasis added by me)

  1. requires American Family to pay for full replacement with materials of like kind and quality;
  2. is not satisfied by the replacement of only those materials that are physically damaged by a storm, if the replacement materials do not or would not reasonably match in terms of color, quality, texture or type of material the existing materials on the policyholders’ home; and
  3. when the materials replacing the physically damaged materials do not or would not reasonably match the existing materials, American Family must also pay the sum necessary to replace the existing materials so there is a reasonable match, except where the mismatch is attributable to the natural weathering of the existing materials.

While this is a very good ruling in favor of the insured there are some limits to this ruling. The wording reasonable match is important. The ruling also has an exclusion for mismatches attributable to the natural weathering of the existing materials.

View the entire court filing here.

In 2014, the United States District Court – District of Minnesota in Trout Brook South Condominium Association v. Harleysville Worcester Insurance Company, the court gave the following opinions:  (Note: The attorneys for Harleysville moved this from Sherburne County District Court to Federal Court. This case also involved an appraisal award with an attempt to overturn the award)

These were some of the opinions given:

In the event of a loss to covered property, the Policy obligated Harleysville to pay for its “replacement cost,” defined as the lesser of (1) “the cost of repair or replacement with similar materials for the same use and purpose, on the same site” or (2) “the cost to repair, replace, or rebuild the property with material of like kind and quality to the extent practicable.”

First, it is predicated on an unsupported definition of the term “covered property.” By Harleysville’s logic, each individual roof shingle on Trout Brook’s buildings constitutes “covered property,” undermining any obligation to pay for shingles not damaged by hail. But in the Court’s view, this reads the term “covered property” too narrowly. Harleysville points to no Policy definition supporting its argument, and in fact the Policy’s “Property Covered” section indicates coverage extends to “buildings and structures.” Moreover, the Policy’s “location schedule,” which defines the extent of Trout Brook’s “property coverage,” simply lists the association’s eighteen buildings. Accordingly, the Policy suggests that “covered property” is each of Trout Brook’s buildings, and not individual items (such as shingles or siding) attached or appurtenant to them. And it is undisputed that each building sustained “direct physical loss” from the 2010 hail storm.

 Accordingly, the Court does not believe the terms “like kind” and “similar” can be so easily “divorced” from color.

The terms “similar materials” and “material of like kind and quality” simply cannot be defined, as a matter of law, to preclude consideration of color.

View the entire court filing here.

In 2014, the Minnesota Supreme Court in Cedar Bluff Townhouse Condominium Association vs American Family Mutual Insurance Company gave the following opinions and conclusions: (Note: This case also involved an appraisal award and the refusal by the insurer to pay the award)

The appraisal panel did not err in determining that the replacement of respondent’s damaged siding panels with siding of comparable material and quality required replacement of all of the siding on respondent’s buildings to achieve a reasonable color match.

A dispute arose as to whether the policy language providing for the replacement of “damaged property with other property . . . [o]f comparable material and quality” requires the replacement of all siding, even undamaged siding, in order to provide a color match. Because the appraisal panel properly concluded that siding of comparable material and quality required a reasonable color match between the damaged and undamaged siding, we affirm the court of appeals’ decision.

At the time of the hail storm, the siding was approximately 11 years old, and the color of the panels had faded. Replacement panels were available from the same manufacturer with the same specifications, but the panels were not available in the same color.

Replacement cost is to be determined based on the cost to replace “the lost or damaged property with other property . . . [o]f comparable material and quality.”

replacement cost of the damaged property, based on the cost of “other property . . . [o]f comparable material and quality.” American Family, however, uses the phrase “other property . . . [o]f comparable material and quality” interchangeably with the phrase “other property of like kind and quality.”

The court of appeals added that the value of the covered property was to be “determined based on the cost to replace the ‘damaged property with other property . . . [o]f comparable material and quality,’ ” and determined that “a reasonable person could understand that ‘comparable material’ means material that is the same color as the damaged property.”

Thus, we conclude that on the spectrum of resemblance, “comparable material and quality” requires something less than an identical color match, but a reasonable color match nonetheless.

Therefore, in accordance with the plain meaning of the policy language, we construe the phrase “comparable material and quality” to mean a reasonable color match between new and existing siding when replacing damaged siding.

Because of the color mismatch resulting from the inability to replace the hail-damaged siding panels with siding of “comparable material and quality,” the covered property—Cedar Bluff’s “buildings”—has sustained a “distinct, demonstrable, and physical alteration.” Thus, we conclude that the covered property sustained a covered loss.

Of course, all storm-related property damage claims present their own facts. In this particular case, the spot damage to multiple siding panels on multiple buildings, along with the appraisal panel’s assessment of the particular color mismatch, applied to the policy language at issue, lead to our conclusion that there is coverage. In summary, we hold that, under the terms of its insurance policy with American Family, Cedar Bluff is entitled to have all of the siding panels on each of its 20 buildings replaced. Consequently, we affirm the appraisal panel’s award.

Once again this is a very good ruling on behalf of the insured. In my opinion, the State of Minnesota has been consistent with its court decisions regarding the legal interpretation of the contract language of “like kind and quality” and “comparable material and quality”.

It is important to understand that in the Supreme Court decision quoted above, an appraisal panel determined the question of “reasonable color match” and the appraisal did not use the term identical match to suggest that insurance policies require an identical match of color. I believe this assessment of reasonable match can also be determined and agreed to between a Public Adjuster and company adjuster.

Even when you can find replacement siding with the same specifications, fading over time can affect the ability to reasonably match the existing color with the replacement product.

In addition, the Supreme Court determined that a “wider view of damage” is correct, such as considering damage to the building as covered property in lieu of damage to “one side of a building”.

Next Article



Compensatory Damages in Personal Injury Cases

Compensatory Damages in Personal Injury Cases

Most personal injury damages are classified as “compensatory,” meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff “whole” again from a monetary standpoint (to the extent that’s possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify — like reimbursement for property damage and medical bills. But it’s harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.

Here’s a rundown of the different types of compensatory damages that are common in many personal injury cases.

Medical treatment. A personal injury damages award almost always includes the cost of medical care associated with the accident — reimbursement for the treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future because of the accident.

Income. You may be entitled to compensation for the accident’s impact on your salary and wages — not just income you’ve already lost but also the money you would have been able to make in the future were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”

Personal injury cases – VIEW ALL

Property loss. If any vehicles, clothing, or other items were damaged because of the accident, you’ll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost.

Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath — also for any ongoing pain that can be attributed to the accident.

Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury — including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any “pain and suffering” damage that is awarded to a personal injury plaintiff.

Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.

Loss of consortium. In personal injury cases, “loss of consortium” damages typically relate to the impact the injuries have on the plaintiff’s relationship with their spouse — the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages is awarded directly to the affected family member rather than to the injured plaintiff.

Punitive Damages in Personal Injury Cases

In cases where the defendant’s conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale that is quite different from the justification tied to compensatory damages, which attempt to “make someone whole.”

Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct — to “hit them in the pocketbook,” so to speak — and to act as a deterrent. Since it isn’t unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.

How Plaintiff’s Actions (or Inaction) Can Affect a Damages Award

RELATED Lawyers

In some cases, an injured person’s role in causing an accident — or their inaction after being injured — can diminish the number of damages available in a personal injury case.

Comparative negligence. If you’re at fault (even partially) for the accident that caused your injuries, chances are that any damage award will reflect that. That’s because most states adhere to a “comparative negligence” standard that links damages to a degree of fault in a personal injury case.

Contributory negligence. In the small handful of states that follow the concept of “contributory negligence” for personal injury lawsuits, you may not be able to recover any compensation at all if you’re deemed partially to blame for the accident.

After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or “mitigate” the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn’t reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced. (For more information on defense strategies that can counter an injury. Car service to and from the doctor office.

Car to any location 



Discharge In Bankruptcy

A permanent order that releases the debtor from personal liability for certain specified types of debts, thereby releasing the debtor from any legal obligation to pay any discharged debts. The discharge in bankruptcy order also prohibits creditors from taking any form of collection action on the discharged debts. However, valid liens on specific property to secure payment of debts that have not been discharged, will remain in effect after the discharge, and a secured creditor has the right to enforce the liens to recover such property.

What is Discharge In Bankruptcy

All debts are not discharged in a discharge in bankruptcy. In fact, there are 19 types of debt that are exempted from discharge for bankruptcy filings under chapters 7, 11 and 12, with a more limited list of exceptions applicable for Chapter 13 filings.

The timing of the discharge also varies, depending on the chapter under which the bankruptcy filing is made. In individual cases under chapters 11, 12 or 13, the court typically grants the discharge as soon as practicable after the debtor completes all payments under the plan.

Bankruptcy is a federal court process. Bankruptcy lets individuals and businesses either get rid of debts or repay debts according to a payment plan.

The person or business that has filed a bankruptcy case is called the debtor. A creditor is any person or business owed a debt on the date the bankruptcy case was filed.

A bankruptcy discharge is a court order that eliminates certain debts. The discharge bans creditors from taking collection action on discharged debts. Thus, creditors may not take legal action or even communicate with the debtor about the discharged debts.

Chapter 7

Chapter 7 is one type of bankruptcy. It normally governs liquidation of a debtor. Liquidation is a form of relief afforded by the bankruptcy laws that involves taking control of the property of the debtor, selling it and distributing the money to creditors. If the debtor is an individual, the process ends in the discharge of the debtor.

Discharge

A discharge lets an honest debtor begin a new financial life. In the typical chapter 7 case, the court grants a discharge early during the course of the case. Generally, even before any money is paid to creditors. The discharge gets rid of all of the debtor’s debts unless they are exceptions.

A debtor who gets a bankruptcy discharge is no longer responsible for the payment of debts included in the discharge. Chapter 7 bankruptcy requires the debtor to liquidate assets and pay creditors according to certain priorities, with most unsecured debts subject to discharge.


Need assistance with bankruptcy or legal advice?  – Set up a free 1 hour consultation



Broken Bones Injury Attorney

BROKEN BONE INJURIES OVERVIEW

Broken bone injuries can be caused by a variety of different traumatic accidents including car accidents, slip, trip and falls, construction site accidents and many others.

The two most common types of bone breaks are simple and compound fractures.  A simple fracture occurs when the bone breaks but does not puncture the skin.  A compound fracture (usually more serious) happens when the bone breaks and pierces the skin.

Knee injuries and torn ligaments are often different from broken bones, but may lead to the same types of debilitating consequences.

When broken bones or knee injuries are caused by the negligence of others, you may be compensated for severe pain and suffering, loss of wages and major medical bills.

DO NOT RELY ON INSURANCE COMPANIESBroken bones

Do not accept any claim before you speak with an attorney.  Many large insurance companies have adopted settlement policies that encourage their adjusters to offer quick payments to persons involved in an accident.  Insurance adjusters will contact you or your family shortly after an accident to try to gain your confidence.  In doing so, insurance adjusters often try to present themselves as the friend of the injured person or the family of the person who was killed in an accident.  The goal of such contact is to settle the case on terms as favorable as possible for the insurance company.

YOU ARE OUR TOP PRIORITY

We are Minnesota’s largest personal injury law firm.  We maintain a national reputation for achieving substantial settlements and jury verdicts for our broken bone injury clients.

Our success is attributed to the combination of experience, expertise, and exceptional dedication to the needs of every client.  Many accidents are caused by negligence, so it is imperative that anyone involved in an accident contact an experienced injury attorney.  Please remember that it is vital to act swiftly after you’ve been injured.  The sooner you involve a personal injury attorney, the better we will be able to preserve evidence, gather essential witnesses and address any other important factors.

YOU DESERVE

  • Medical reimbursement
  • Payment for past and future income loss
  • Full compensation for pain and suffering
  • Peace of mind in knowing your financial interests are being protected

WE ARE THERE FOR YOU

  • Same day, evening and weekend appointments
  • Home and hospital visits
  • Never a fee until we receive a settlement for you
  • We will go to trial if a fair settlement is not obtained

Connect With Us Today – 1 hour free consultation!




top