April 28, 2020
Can A Father Take a Child Away From the Mother
Your children are the center of your life even when marital disputes threaten your involvement in their lives. Maybe you’re the mother who’s worried about the father, or maybe you’re the father worried about how the mother is raising your kids.
In both cases, you’re wondering if the father can take the children away from the mother. We already have a few posts covering family law and divorce proceedings, but in this post, we go over the fundamentals of parental custody, possible custody rulings, what to do if a parent won’t cooperate and how to focus on the best interest of your child.
The Basics of Parental Custody
After the court has made a decision about each parent’s custody of their children, it’s vital that each parent follow these mandates. If the court has given you majority custody and the other parent has agreed to the visitation hours, then the other parent has no legal right to take your child from you.
If you believe that the other parent should have reduced access to your child, it is possible to change your custody agreement. This may bring some complications depending on your situation.
Changing the Custody Ruling
Any parent, at any time, can make a motion to modify the custody or visitation order given by the court. It’s ideal for both parents to agree on these changes and submit them to the court for approval. If the other parent refuses to agree to the new terms, then the decision will have to be taken directly to court.
The court will hear the case if they believe that there is a reason for the changes in custody and will then perform a custody evaluation. This usually involves a social worker going to each home and monitoring the situation. If they decide that the custody order should be changed, then they’ll recommend the court to hear the case.
Looking for the Best Interest of the Child
In order to change the custody plan, you need to show the court that there have been major changes in the child’s or the other parent’s lives. You also need to convince the court that it is in the child’s best interest to modify the court order.
In general, the court looks for how the parents are currently taking care of the child and, if anything interferes with their ability to properly care for them, then that can help change the custody order.
Some examples of changing circumstances include:
- The parent’s work schedule has changed
- The parent is moving
- The parent’s financial situation has changed
- The child is older
- The child’s safety is at risk by being with the parent
- The family situation has changed
- The current visitation times are not being followed
You should also have hard evidence and documents for the point you’re arguing. For example, if the child’s class schedule has changed, you could bring a document from the school showing this change.
Just one of these examples can be enough to change the custody order. You’ll want at least two examples to give yourself the best chance of convincing the court to listen to your case.
What To Do if the Other Parent is Being Uncooperative
While most parents do have the child’s best interest at heart, sometimes a change in the parent’s life can put the child in danger. While you may have good reason to request a custody change, it’s difficult to get the case to court without the other parent’s cooperation.
You would still go through the same steps as listed above, but you would need to make sure the other parent is aware of your attempts to change the court order. You do this by “serving notice” to the other parent, also known as giving a copy of the initial motion. You both will either meet with a social worker or be required to attend a mediation where you both must attempt to reach an agreement.
In the case that you believe the other parent is breaking the initial custody order, either by keeping the child from you or not providing the agreed upon requirements, then you can file a motion for contempt.
This will force the other parent to attend court, where the judge will enforce the custody agreement if they believe the other parent is in violation of the order. This can also help your case of changing the custody agreement.
Before Acting, Consult a Family Lawyer
Most importantly, you should always consult a lawyer before taking any legal action in a custody agreement. The lawyers at Cravens and Noll are experts in family law and can help you reach the best terms for your children in a divorce case. Get in touch today!
April 27, 2020
How Do I Protect Myself Before Divorce?
The threats of a shattering relationship can turn ugly real quick. In a divorce, the bitterness can lead to vindictive actions. Escalation can be all too common as you and your spouse cope with splitting a shared life into two independent ones.
As a divorce becomes more and more likely, time is of the essence. You don’t want to feel trapped as you lose ground to your more aggressive other half.
That’s why you’ll want to protect yourself before a divorce with these tips:
- Set expectations before your divorce
- Protect yourself by being decisive
- Protect yourself by protecting your finances
- Know the divorce laws in Virginia by consulting with a divorce lawyer
Set Expectations Before Your Divorce
The most important first step to protecting yourself is to set reasonable expectations for yourself. Without the proper expectations, you’re liable to be blindsided and behind the ball.
Don’t Expect Anything to Come Easy
Divorce goes to court because it’s a big deal to split children, money and property between two spouses. Nothing is guaranteed to be cut and dry.
For example, something as simple as proving that a house that you bought before your marriage should be legally yours during a divorce case might be difficult. If your spouse contributed to the house during the marriage, they might argue for splitting it equally or getting credit for part of the equity in the property.
All of these complications could become costly. Part of expecting that a divorce is going to be hard is expecting that it will be financially hard. Start saving up as soon as you can and cut unnecessary spending until the divorce is finalized.
Don’t Expect Mediation to Fix Everything
In a rose-tinted world, mediation would always be the best route for two divorcing people. It certainly sounds like a more civil fix to the situation.
The problem is that mediation is sometimes too little, too late. The issues that are moving the marriage toward a divorce are already in motion.
Mediation, often seen as cheaper than hiring a lawyer, will still cost you something. If the mediation reaches an impasse, you might not have anything to show for the cost you spent on it. It is always better to try to reach a divorce settlement without going to court, and that should always be attempted during any time during the process of divorce.
Don’t Expect That Representing Yourself Is Fine
While it’s possible to represent yourself in a divorce trial, better legal preparation always wins.
It’s rare that you’ll be able to represent yourself in your divorce case and not have any hiccups. Dotting your i’s and crossing your t’s is why divorce lawyers like Cravens & Noll are so helpful in these circumstances.
Plus, you can’t protect yourself alone when your spouse brings their lawyer to the table. By numbers alone, it becomes an unfair fight. It’s two against one.
Protect Yourself By Being Decisive
When divorce is inevitable, the sooner you hire a divorce attorney, the sooner you can protect yourself. A good divorce lawyer will advise you on the best next steps as you work through uncertainty and complications.
Without a lawyer, common sense choices could hurt you in the long run. If you discuss dividing property before the official process gets underway, the agreement might not be in your favor. You could think that you are smoothing everything out by being agreeable and reasonable. In reality, making any move before hiring a lawyer is likely to have unseen implications.
By being decisive and hiring a lawyer, you immediately tap into a knowledgeable advisor with a lot of experience. Unlike asking a divorced friend for helpful tips, an experienced divorce lawyer has worked on hundreds of cases. They’ve seen the good, the bad and the ugly and they know what you need to do to protect yourself.
Protect Yourself By Protecting Your Money
Being decisive sooner can also help you protect your finances.
Time to Save Up in a Personal Account
A separate bank account in your own name will allow you to start saving money for yourself. The switch from a joint bank account to separate bank accounts means that the money you have will be yours to afford everything related to the split. If you are still residing with your spouse, the funds may still be considered marital property. However, if they are used for expenses such as lawyer fees, mental health counseling, private investigators, or regular and reasonable living expenses, a Judge most likely consider that reasonable expenses and you will not have to account for the expenses. If you save separately after separation, the funds most likely will be considered separate property. Whether it’s mediation fees, lawyer fees, or paperwork fees, having the financial strength to cover those costs yourself will protect you from being dependent on your spouse.
Savings in a personal account will also help you to survive changes in income. Your married income could be built on one primary breadwinner or dual incomes. The result would be the same. After the divorce, your income will change. It’s best to save up to cover whatever comes next.
Make a Budget for During and After the Divorce
You can protect your finances in a divorce with a budget. Although you can’t predict all of the expenses that could be associated with a divorce, there are some that you can. Start with what you know and check that you’ll be able to afford at least those. The more accurate you can budget for the cost of a divorce, the more financially stable you could be afterwards.
It’s also very helpful to know how much you’ll need to live on after the divorce. Start by looking back at your budgets for previous years. If you haven’t done one before, start tracking your expenses now.
Figuring out how much you need to live on is helpful in the divorce proceedings. You can protect yourself much better when you know how much money you’ll need to live on after the dust settles. If your spouse offers to cut a deal, you’ll have numbers to back up why it would or would not be something you can afford.
Pay Attention to Where Your Money Is Going
The final step in protecting your finances in a divorce is watching where your money is going. If you have a joint bank account, is your spouse spending money from it? Are they withdrawing funds without your knowledge?
Tracking your money is how you find and record how your spouse could be hurting your finances.
Know Virginia Divorce Laws (Hire an attorney who does)
The fourth and final tip for protecting yourself before a divorce is knowing what your state’s laws are.
Every state has its own laws surrounding divorce. Laws about the splitting of property could vary wildly from state to state. Minor points surrounding the complications of your unique situation could be handled differently than your divorced friend in another state.
Cravens & Noll is a family law firm in Virginia. We know Virginia divorce law. If you live in Virginia and you don’t know the laws about divorce, there’s no need to worry. We do. Give us a call and we’ll help protect you.
April 24, 2020
Can I Keep My Car If I File Chapter 7 Bankruptcy
Your motor vehicle can oftentimes be the only thing that can efficiently get you to work, to school, to the store, to take care of others, and to help accomplish other essential tasks. When bankruptcy becomes the only option to help keep you and your family afloat during financial tribulations, you need to know what property is exempt from repossession. That’s why it can be particularly nerve-wracking to know if you can keep your car in a Chapter 7 bankruptcy filing.
How Much Do You Owe on Your Car?
One of the main qualifiers that decide whether or not you can keep your car is the amount you owe on it. Typically, when courts are deciding what property can be sold to creditors, there is a specific process they follow.
The equity in your car is simply determined by the value of the car less the car loan. If the amount that you owe is not enough to cover the equity value of your car, then creditors have the potential to repossess and sell it. Simply put, the value of the car cannot exceed the amount you owe when you file.
If all of the equity value of your car is protected through the motor vehicle exemptions of Virginia, then you can keep your vehicle. This means that your car’s market value is exempt to creditors.
What Is Protected Under Virginia Law?
Under Virginia bankruptcy law, there are a number of properties that are exempt from repossession or resale by creditors and lenders. The most common examples of property exemptions for bankruptcy in the state of Virginia include the following:
- Cemeteries and burial funds
- Claims for personal injury and wrongful death actions
- Health savings account
- Homestead or residential property
- Insurance benefits
- Motor vehicles (up to $6,000 in equity)
- Pension and retirement benefits (provided they are ERISA qualified)
- Household goods and furnishings (up to $5,000)Firearms (up to $3,000)
When it comes to motor vehicles, Virginia gives filers $6,000 in equity to protect their cars.
For example, if you own a car that is worth $5,000.00 and there is no loan on the car, you have $5,000 in equity. The bankruptcy exemption of $6,000 is more than enough to protect your car and you will keep your car.
If your car is worth $5,000 and you owe more than $5,000, then you have no equity in the car so it is of no value to the bankruptcy trustee and they will abandon their interest in your car. Even if the equity in your vehicle is more than $6,000, you will most likely keep your vehicle. This is because you will be able to use part of what is called the Homestead Exemptions (does not have anything to do with a home) up to $5,000. As long as the equity in your car is not much more than $11,000 you will most likely be able to keep your car.
What Happens If I Have a Car Loan?
If you have a loan on your car when you are filing for bankruptcy, there are a few steps you can take. With nonexempt equity on the car exceeding the exempt, you can:
- Surrender the car
- Reaffirm the debt
- Redeem the car
Surrendering the car
This is an option for debtors that wipes clean all of their car debt. When you surrender your vehicle under a Chapter 7 filing, you won’t owe any more payments on the car. If there remains a deficiency (amount still owed after the lender sells the car) you will not owe any of that deficiency amount.
Reaffirming the debt
When a car loan is taken out, the car is pledged as collateral. This makes the loan a secured debt, meaning it can be used to pay off that specific creditor to who the debt is owed. When you reaffirm your debt to keep the car, you continue making payments on it, remaining liable on the debt.
These loan payments will continue through and after the bankruptcy process until it is paid off. This allows you to keep your vehicle as you go through Chapter 7 bankruptcy in Virginia.
There are additional steps that the bankruptcy attorneys at Cravens & Noll can take so that you can keep your car so long as you keep it insured and make timely payments, without actually reaffirming the debt. The bankruptcy judge enters an order allowing you to keep the vehicle, keep it insured and keep making payments, but you are not obligated on the loan if you in the future default on the car loan.
Redeeming the car
You can keep your car by redeeming it during a bankruptcy filing. This means that, as the debtor, you pay your lender/creditor the current market value of your car to clear the remaining debts you owe. For example, if your car is worth $5,000 and you owe $8,000, you can pay a lump sum of $5,000 to the lender to redeem the car, and the $5,000 car is exempt based on the car exemption of $6,000.
With that said, there are lending companies that specialize in redemption cases. Sometimes, the debtor winds up paying much less for the car by using a redemption company rather than trying to reaffirm the existing debt.
If you and your creditor cannot agree on the current market value of the car and how much has to be paid to redeem the car, the bankruptcy court will decide how to proceed.
How to Avoid Losing my Car
While nothing can be guaranteed in a Chapter 7 bankruptcy filing, the best way to ensure you have done everything possible to keep your car is to consult with an experienced lawyer. The lawyers at Cravens & Noll Bankruptcy Law Group have years of experience in protecting you and your property.
Are you concerned about losing your car while filing? Contact us now for your initial bankruptcy consultation.
April 22, 2020
How Is Custody Determined In a Divorce
Going through a divorce is a stressful time for each parent, as both not only want what’s best for themselves, but also for their children. The custody decision can be the most emotional and hard-fought decision in the divorce process. While a child’s custody can be determined outside of court by the parents reaching an agreement, some parents may opt to go to court and have a judge decide custody if they can’t reach an agreement on their own.
In order to help make this decision process easier, we’ve created this post to list out what is decided in a court custody case and what factors into a judge’s decision when determining which parent has custody.
What Are the Types of Custody?
Before making any decision about your child’s custody, it’s important to understand the two types of custody. There’s legal and physical custody.
Determining Legal Custody for Children
Legal custody is a parent’s ability to make important decisions for a minor child. These include educational matters, medical issues, and the general welfare of the child. The court will decide to grant both parents joint legal custody or one parent sole legal custody.
With sole custody, the determined custodial parent is given those rights and responsibilities to decide for the child, while the other parent has no legal say on those issues.
With joint legal custody, which is often favored by courts, both parents have a say on important decisions for their child. However, if one parent is granted physical custody, a majority of the time that parent will be in a better position to make these decisions. At Cravens & Noll, we inform our clients that with most educational or medical issues, parents are oftentimes going to listen to the “experts.” Experts in custody cases are generally doctors, teachers, therapists, etc.
Determining Physical Custody for Children
There’s also physical custody, which determines where the child primarily lives and how often the parents get to spend time with them. Just as the Judge will consider many factors within §124.3 of the Code of Virginia to determine physical custody (just as they will to determine legal custody). This code section is called the “best interest of the child statute” which is explained in more detail below.
When physical custody is granted to one parent, the child primarily lives with that parent while the other parent is granted visitation with specific times to see the child.
Shared Custody
In some cases, the court will order both joint legal and joint physical custody. This is considered shared custody. It may be a “week on/ week off” schedule in which the child lives with each parent for a full week, and then switches to live with the other parent for a full week. Sometimes the court will split the weekdays in half and then alternated the weekends. The reason some courts order this is that in some cases the evidence shows that both parents have been significantly involved with the child, and the best interest of the child is to have both parents remain significantly involved with the child.
How Custody is Decided in Court
If the parents cannot agree on a “parenting plan” and settle their case out of court, a judge will hear evidence to determine the best interest of the child.
When making a decision about a child’s custody, Virginia courts make their decision based on “the best interest of the child”, which is based on a number of factors.
- The Child’s Relationship With Each Parent: This is normally based on how often each parent spends time with the child, and can be used to determine who is the primary caretaker.
- The Parent’s Living Situation: This can range from how well each parent’s house is kept, to the distance each household is from important services like schools and doctors
- The Child’s Place in Their Current Community: If your child has well-established roots in their current situation, like a large friend group or obligations like a sports team or club, it can be difficult to argue that they’d have an easy time adjusting to a new community.
- Each Parent’s Physical, Emotional, and Mental Health: This factor can be greatly affected by the reason for the divorce if it’s based on adultery or abuse. It’s also affected by a parent’s history with their general health, be it physical, mental, or emotional.
- A Parent’s Ability to Cooperate With the Other Parent: If both parents can cooperate in court and reach civil agreements, this can make it easier to reach joint custody decisions, as you show the judge how both parties are willing to separate their differences to do what’s best for their child.
- The Child’s Own Wishes: This factor is based on the child’s age and if the court believes they are mature enough to speak for themselves.
No Two Cases Are Alike
While we’ve offered some general advice here, it’s important to note that there are no guarantees in a custody case or in a divorce case that involves child custody. Each case is unique, not only in the family’s situation but also in the judge and their own decision. It’s important to keep the child’s best interest in mind during the preceding. It’s also recommended that before discussing any decision with the other party, you should seek legal counsel.
The Cravens and Noll Family Law Practice Group specializes in family law cases and helping parents obtain either settlements or court orders that are best for their child. Contact us today to help with your divorce case.
April 10, 2020
Advantages to Filing For Bankruptcy
While the term “bankruptcy” can carry a bit of a negative connotation, there are circumstances where bankruptcy is the best option to keep you financially afloat. Filing for bankruptcy can give you the chance to start fresh, alleviate crippling stress and allow you to rebuild your credit, restarting your finances. It’s time we break down the stigma that comes with the idea of bankruptcy. In this article, we address the advantages of filing for bankruptcy.
When you file bankruptcy, it is saying you cannot afford to pay outstanding debt to your creditors. If you are approved for bankruptcy, you will be relieved of the obligation to repay some or all of your debt. Perhaps the biggest advantage of filing bankruptcy is that you financially get to start over again. In some cases of bankruptcy, you may be able to keep your assets while being cleared of your debt.
Protecting You Against Creditors
We know how ruthless creditors can be. Creditors can call on a regular basis and possibly to a harassing degree. When you successfully file for bankruptcy, it will put an automatic stay on your account that prevents creditors from forcefully collecting debts. Along this line, creditors cannot:
- Continue calling you
- Sue you
- Send you letters
- Repossess exempt property that you owed on
Additionally, bankruptcy forbids creditors from shutting off your utilities, evicting you, foreclosing your property or garnishing your wages. Depending on whether you file Chapter 7 or 13 bankruptcy, and the applicable bankruptcy exemptions, you may keep most of your property through the process.
Debt Forgiveness
Bankruptcy typically deals with two kinds of debt; dischargeable and nondischargeable. When you file, you can protect your property and may be relieved of any obligations to pay on dischargeable debt. This type of debt follows anything that is unsecured debt. Unsecured debt is when there isn’t any collateral on what you owe. This can be credit card debt, medical debt, personal loans, etc.
When you do not have enough assets that are not exempt or you do not have enough income to pay your creditors, you most likely will be able to file a Chapter 7 bankruptcy. This means that unsecured debt can be forgiven. If you have too much property that is not exempt or your income is such that you are able to at least pay for some of your debt, you may need to file a Chapter 13 bankruptcy. If you file for Chapter 13, you will go through a 3-5 year payment plan to pay back some or all of your unsecured debt. After you complete this plan, whatever amount of unsecured and dischargeable debt that remains will be discharged, and you will be debt-free.
Protecting Yourself and Your Family
A lot of the time, debt collectors can bring tremendous amounts of stress on debtors. Living paycheck to paycheck and having only enough for the essentials can lead debtors to believe there’s no way out. It can be discouraging when you’re thrown into an endless cycle of debt where your credit card balances keeps rising. This is when filing bankruptcy might make more sense than continuing to try to fight through it.
Along with clearing you of your debts, bankruptcy filing requires a debtor to take credit counseling to take all the measures possible to avoid future bankruptcy. Becoming literate in your finances can help strengthen and rebuild your credit.
There are a number of advantages to filing for bankruptcy, but the best way to start is to discuss your options with one of the bankruptcy attorneys at Cravens & Noll, P.C. We will review your financial profile and assess whether this is the right option. Our goal is to help our clients get back on their feet as soon as possible, so we will provide professional legal advice on your best options moving forward.
We know this is a sensitive issue for many people, and we are here to help. Contact Cravens & Noll P.C. today to learn more.
March 25, 2020
What To Do After a Hit And Run Car Accident
While the vast majority of people are great drivers, there are always a few bad apples. Most Virginians never think about what to do in a hit-and-run car accident until it happens to them.
Here at the offices of Cravens & Noll, we see these types of cases frequently, and these can be challenging to solve.
In this blog, we tell you the several helpful tips you can follow if you’re a victim of a hit-and-run vehicle incident.
Pay Attention to the Car and Driver As They Escape
Assuming you are not seriously injured, try to remember all of the details of the other car as it leaves the accident. Make a note of the car make and model if you can, the color, any identifying features, and the license plate number and state.
In addition, try to remember where the damage is on the getaway automobile. If it happens near an intersection, take note of the street names and the direction of the fleeing car.
While it may not always be possible to see, look at the other car’s side mirror or rearview mirror and see if you can describe the driver’s gender, hair color, and age.
Write down everything you remember as soon as possible, or take notes on your smartphone if you don’t have pen and paper.
Do NOT Chase the Other Car
As tempting as it may be in the moment, NEVER chase after a car that flees the scene of an accident. Apart from being extremely dangerous, taking the law into your own hands could easily cause another accident.
Assess Your Injuries
Were you injured in the accident? Sometimes, you will not realize in the heat of the moment you may be injured. Whiplash and back pain may not surface until days later. Before doing anything else, make sure you are physically okay after the accident.
Take Photos
Once you have regained your composure, take a few minutes to take photos of the scene. Capture images of the vehicle damage, roadway markings, signs and your injuries. Take photos of any property damage outside on the vehicle.
Talk to Witnesses
Talk to the witnesses who may have seen the accident. Talk to employees of businesses nearby to check if they saw anything. Remember, people who witnessed your accident probably have a better perspective of everything that happened.
Get the contact information for anyone you speak with so they can give statements to the insurance company or during a personal injury lawsuit. Eyewitness accounts are often the key to solving hit-and-run accidents.
Contact the Police
The police should always be called after a car accident. They will take statements from anyone who is involved, and they will conduct an investigation to determine if they can track down the other driver.
The police report provides official documentation about the accident, and it will be used by the insurance companies and lawyers during the investigation.
Seek Medical Attention
Do not delay in receiving medical attention if you have been injured. If you wait weeks to see a doctor, claims adjusters and attorneys could argue you were not injured as a result of this accident or in very much pain because you took so much time to see a physician and be treated.
Even if you think you have minor injuries, you should seek medical care as soon as possible.
File a Claim With The Insurance Company
Hopefully, the person who fled the scene of your accident will be caught. When filing a claim with the insurance company, there are one of two scenarios which can occur:
If the Other Driver Has Insurance
This is the best-case scenario. You should file the insurance claim with the other driver’s insurance coverage.
You will not only be able to file a claim for all of your vehicle damages, but you will also be able to be compensated for your medical bills and injuries, provided the insured driver has enough coverage.
If the Other Driver Doesn’t Have Insurance Or Not Enough Insurance
Many drivers who flee the scene of an accident do not have insurance coverage, their license is suspended, or they are wanted for other criminal offenses. You could hire an attorney and sue the other driver personally, but the other driver may not have the resources to pay for your damages. This is where your own insurance policy works for you.
Every policy in Virginia affords, as a matter of Virginia law, uninsured and underinsured motorist protection up to the amount of your own policy, just for these circumstances.
Filing a Claim With Your Own Insurance Company
With most hit-and-run incidents, you should contact your own insurance company to determine your coverage.
If you only have liability coverage on your insurance policy, you might be out of luck for the coverage of your vehicle repairs, but you will likely still have uninsured and underinsured coverage for your injuries.
Hire An Attorney
It is a good idea to consult with a hit-and-run attorney like Cravens & Noll. They can give you experienced and professional legal advice regarding your insurance claim and pursuing a lawsuit against the other driver. Insurance companies don’t have your best interests in mind, but an attorney will ensure you get the maximum compensation for your damages and injuries.
At Cravens & Noll, we handle multiple hit and run cases each year and have been quite successful in getting clients fully compensated for other types of claims. Contact Cravens & Noll today in Richmond or Harrisonburg to schedule your initial consultation.
March 20, 2020
How Long Will It Take To Process My Personal Injury Claim?
One of the most common questions asked at Cravens & Noll, when it comes to personal injury cases: “How long will it take to process my claim?” The answer is, it depends. In our experience, some cases can be resolved in weeks, but some cases may take months or years before they are fully settled. The largest two factors in this determination are: the duration of medical care to reach maximum medical improvement, and willingness to negotiate a settlement.
In the vast majority of cases, the claim is settled out of court. But there is a small percentage of cases that make it to trial. Each case follows a general process that starts well before it makes it to the courtroom. This is how the process works:
Get Treated As Soon As Possible
If you have been injured, it is important to see a doctor or go to the emergency room right away. In the eyes of the judge and the jury, it could appear as if your injuries are not that severe if you wait a long time after the accident to receive treatment. Treatment also provides written documentation of your injuries from a qualified professional, which is key supporting evidence for your case.
The extent of your injuries makes a significant difference in how soon your case is resolved. If there are significant injuries like broken bones, brain injuries, or spinal cord injuries, this can extend the time frame many months or even years. The maximum medical improvement (MMI) occurs when the patient has recovered as much as possible from their injuries. MMI influences how long an injury case takes to be resolved.
Contact an Attorney
If you are out of work more than a couple of days, or have any sizable medical expenses, you should find legal representation. Personal injury lawyers will walk with you through the entire process so you do not have to worry about all of the legal details of your case.
Another reason you may need to consult with an attorney is if the other party is putting up a fight or doesn’t want to pay your injury claim. A lawyer will fight on your behalf to get the compensation you deserve, to include future medical expenses and future lost wages.
Discovery Process Begins
The law firm needs to go through a discovery process when they can investigate the details of your personal injury case. Your attorney will gather all of the paperwork related to your claim. You will also be interviewed by the attorney about your accident, your injuries, and how you are being treated. Normally this process takes several months, and it may take up to a year depending upon the number of treatment providers and the extent of your injuries.
The lawyer will assemble the pertinent documents and records including the police report, photographs, witness statements, medical records, x-rays, scans, and medical testing. Medical malpractice claims can be particularly complex, as attorneys may have to request records from multiple healthcare providers and hospitals to get all of the documentation needed to conduct a thorough investigation.
It is important to note for automobile accident cases that Virginia is a “contributory negligence” state. In an accident, if it is found you are even 1% at fault for the accident, you may not be able to collect damages from the other party. Therefore, the investigation and proof relating to causation of the location of the accident is critical in Virginia. Through an examination of photos, witnesses and accident scenes are essential.
Mediation
As we stated before, the vast majority of cases never make it to trial. The attorneys representing the parties usually come to an agreement well before the courts hear the case. The lawyers may not need to get a third party mediator involved if they can settle everything between themselves. When they cannot, mediators and/or arbitrators are used to aide the parties. If the mediation or arbitration process is not successful, a lawsuit will be filed.
Arbitrators actually decide the case, on its merits. Once the parties enter into an arbitration process, they know that a result will be forthcoming. The arbitrator hears the evidence and rules on all aspects of the claim to include damages and compensation. The result is not appealable.
Insurers are much less likely to settle quickly for larger medical cases. Insurance companies want to do their due diligence before settling for big money. Hence the need for very thorough preparation and documentation of all claims.
Another strategy employed by insurance companies is that they will wait to settle a claim. The hope is that the plaintiff will not be able to wait for a larger settlement, so they will settle for a smaller monetary claim. Do not fall into traps and sell your claims short as many unfamiliar with the process do. You deserve full and fair compensation for your injuries.
Heading to Trial
Even after a lawsuit has been filed, there is still a possibility the case will not make it to trial.
The actual trial could be over in a day, or it could last for weeks. Even when the case is scheduled, the date could be pushed back further if the judge’s schedule needs to be adjusted. There are many reasons a trial date might get pushed back, so you will want to monitor the court schedule to make sure the case is not rescheduled.
Once the plaintiff and defendant have had an opportunity to present their case, the jury will determine if the defendant is liable and assesses monetary award for damages. Even if the plaintiff wins, the defense has the option to appeal, and the appeal could lower the total settlement awarded to the plaintiff. It is also possible the defense will win the appeal, and there could be a new trial. Therefore, some cases settle after the trial in order to avoid the time & cost of appeals.
After the trial is complete, efforts will be made to collect the judgment from the defendant and his insurer. In some cases, there will be a lump sum paid, or the court may order payment to be made in installments.
Finally, Be Patient
Your patience is one of the most important aspects of your personal injury claim. Often, people are not willing to wait to win the maximum amount possible for the settlement of their case. They receive less compensation than they would have if they had waited for the full process to play out.
To summarize, there are a number of factors that influence how fast your claim is settled. The complexity of the case makes a big difference in the case’s timeline. The amount of damages and the overall severity of injuries affects the timeline as well. The county or jurisdiction of the case makes a difference, as some courtrooms are backed up for many months with cases in the line in front of yours.
If you have not hired legal representation for your injury claim, it is time to consult with an attorney. Remember, the statute of limitations in Virginia is two years for most personal injury cases. Contact Cravens & Noll, P.C. today to schedule your first consultation.
March 18, 2020
When Should I File For Bankruptcy
If you’ve tried to clear your debts but are finding yourself in an endless hole of living paycheck-to-paycheck, without making a dent in the amount you owe, it may be time to file for bankruptcy. Bankruptcy can be the best option when it comes to giving you a fresh start, financially.
But filing comes with consequences affecting your credit score and ability to get loans.
In this post, we go over available options to help clear debt before filing for bankruptcy and the telltale signs on when you should file for bankruptcy.
What to Do Before You File for Bankruptcy
If you file for bankruptcy, whether it is Chapter 7 or Chapter 13, you must consider the consequences.
In a brief rundown, when you successfully file for either, you will have a public discharge on your credit. The discharge will remain on your record between seven and ten years, depending on which chapter you filed for.
It’s important that you explore other methods of repayment/clearing your debts before you file. Here are the top methods to consider before you resort to filing:
Negotiating with Creditors
One of the first steps to take before filing is to have a discussion with creditors, to those entities/people you owe money to. If you’re relatively late with a payment, it may be in both your and the creditor’s best interest to come up with a settlement. Creditors are more likely to settle a debt than go to court and have that debt discharged in a bankruptcy filing.
In settling your debts, you negotiate with the creditor to accept a lump-sum payment to satisfy the debt you owe. This can clear you of that debt while avoiding a bankruptcy filing.
Typically, you can settle unsecured debt in one of two ways. You can either use a debt settlement company or do so on your own. But you should also be aware of tax implications when you pay less than what is owed.
Credit Counseling
Another option to avoid bankruptcy is to consider credit counseling. A consumer credit counselor can get a debtor lower monthly payments and interest rates if creditor negotiations are unsuccessful. Consumer credit counselors are representative of nonprofit agencies that work to find you reasonable solutions to financial issues. These counselors can help you create a good and workable budget to help you pay your debts on time on a month-to-month basis. When you find yourself looking for a credit counselor, be sure you’re wary of potential scammers.
Payment Through Savings and Assets
If there are assets that you own that you are willing to sell off to pay creditors, then it may be an option to resell. When you file for bankruptcy, you’re required to list assets, (secured and unsecured) to determine if the value of those assets can pay off your debt. Similar to the value of assets, the amount in your savings account can contribute to paying off your owed debt as well. If you are finding yourself with little to no available savings to pay back your debt, then it may be time for you to get an attorney and file for bankruptcy. But keep in mind there are many assets protections in bankruptcy for which you do not need to sell.
When You Know You Need to File
Apart from having the value of your assets and available savings failing to make a dent in your debt, there are a number of signs that indicate it may be time to file either Chapter 7 or Chapter 13 bankruptcy.
Here are four circumstances that call for, at the very least, a consideration of bankruptcy filing.
Wage Garnishment
Wage garnishment occurs when creditors or lenders file a suit, or have a court order, to take portions of your paycheck to pay off your debt. This garnishment usually takes a percentage of your company wage, dependent on the amount of disposable income on your paycheck. Filing for bankruptcy automatically stops garnishment and can even help recover lost wages.
Paying With Credit Cards
If you find yourself in a cycle of more and more debt, with your only form of payment being credit cards, then bankruptcy can help break that cycle. When you continue to pay for necessities with credit cards, your debt continues to accrue, making financial stability seem impossible. That is a telltale sign that bankruptcy may be your best option. Chapter 7 bankruptcy usually clears you of credit card debt, giving you a financial fresh start.
Using Retirement Account to Pay Bills
Retirement accounts are not meant to be touched until you retire. This means that when you do decide that your debts are too overwhelming to avoid dipping into your retirement funds, you’ll be penalized a percentage of those hard-earned savings. When you file for bankruptcy, pensions, life insurance policies, 401(k)s and IRAs are likely to be protected. In this case, filing can save you from needing to take out funds and receive additional penalties, while clearing you of your debt.
Debt Exceeds Income
Similarly to when you assess the worth of your assets and savings, when your debt is more than what your regular income is, bankruptcy becomes the best choice to resolve your financial issues. When the amount of your disposable income (income that is not put towards living necessities) doesn’t cover your debt, it can cause you to fall even more into debt.
If you’ve exhausted all the options to clear you of your debt such as credit counseling, debt consolidation, management or settlement, then it’s time to get a lawyer and discuss your options regarding bankruptcy filings. It’s important to remember that a minor discharge on your credit may be the best outcome if you feel as though you cannot escape the revolving wheel of impending debt. Get in touch with us today.
March 13, 2020
When Do You Need to Hire a Family Lawyer
Every family is unique. Sometimes, the “togetherness” of family needs to be redefined. Sometimes, the togetherness of your family is redefined to include more members through an adoption. Sometimes, the togetherness of your family needs to be redefined when divorce splits it into separate households.
A family lawyer is there for you throughout your family’s “togetherness” transitions.
The specific areas that hiring a family lawyer could help you with include:
- Uncontested Divorce
- Adoption
- Asset Protection
- Business & Asset Division
- Child Custody & Support
- Dividing 401k
- High Asset Divorce
- Grandparents’ Rights
- Military Divorce
- Parental Relocation
- Prenuptial & Postnuptial Agreements
- Protective & Restraining Orders
- Spousal Support Alimony
Typical Court Cases that Require a Family Lawyer
If you have an issue that involves one of the above areas, you should consider looking for a family law attorney. Most of the friction that comes up in divorce, adoption and child support cases can be prevented with a knowledgeable lawyer.
Divorce
A family lawyer can assist in a divorce case by determining what will remain separate property and what will be classified as marital property. Once these two categories are outlined, they can help with the division of marital property.
At Cravens & Noll, our lawyers will protect business interests. They can represent your request to waive or set limits on spousal support. Hiring a divorce lawyer will balance the fairness of your divorce’s outcome.
Child Custody
If you have children, you know how much they mean to you. A family lawyer protects your rights in disputes about child custody, child support and visitation rights.
Both divorced and unmarried couples might need a family lawyer to represent them in court.
When protecting your child’s well-being is important to you, you’ll need to hire a family lawyer.
Adoption
When an adoption agency turns you down, a family lawyer could help you pursue a private adoption. In addition to the requirements of your state, adoption agencies may have their own criteria. Qualifying for a private adoption works directly with the birth parents.
Adoption can be a very long process without a family lawyer. There is a lot of paperwork and an extensive qualification process. A family lawyer can navigate this with you and might even coach you on how to have successful home studies.
Prenuptial Agreements
Without a family lawyer, a prenuptial could potentially be deemed invalid if not drafted correctly. When this happens, the court decides your case according to the Virginia laws. What the court defines as an equitable division of assets might not line up with what you, as the couple, agree with.
A family lawyer can create or review and validate your prenuptial agreement so that, in a divorce, you can divide assets fairly according to the terms of your agreement. Including separate family lawyers in the process can also verify that the contract was not signed under duress or obligation.
In Any Family Transitions That Require Paperwork
Families go through many transitions besides those listed above. Some transitions are more complicated than others.
For all of the family transitions that require legal paperwork, you’ll want a family lawyer. They know the laws that pertain to your state and can answer your legal questions.
March 11, 2020
Do I File For Chapter 7 Or Chapter 13 Bankruptcy
The idea of filing for bankruptcy can be an intimidating process. It can be scary when you’re unsure of the consequences of filing, how it can affect your future or which bankruptcy to file for.
Per the U.S. Bankruptcy Code, there are six chapters of different bankruptcies that an individual can file under.
Typically, these types of bankruptcies apply to debtors based on criteria that qualify them to file.
If you happen to find yourself in serious debt, you are likely to file for Chapter 7 or Chapter 13 bankruptcy.
In this blog post, we break down the basics of Chapter 7 and Chapter 13, how to know which one you qualify for and the benefits of each chapter.
Chapter 7 Bankruptcy
This type of bankruptcy, also known as liquidation, is the most common and basic type. It’s for those who are in very serious debt with limited incomes.
Chapter 7 liquidates all of your assets to pay off the debt that you are unable to pay.
The liquidation of this property is paid to creditors, clearing you of whatever debt you have accrued and are unable to pay otherwise.
However, because of a number of exemptions that may apply, a vast majority of Chapter 7 cases do not require the sale of any of your property.
This process will usually take 3 to 5 months to clear all debts, giving the debtor a fresh start and wiping their slate of unsecured debts.
Eligibility
To become eligible for liquidation under Chapter 7 bankruptcy, a debtor will either have a household income below the state’s median level, or they undergo a “means test”.
Because Chapter 7 is typically reserved for people with limited income who are unable to pay back any of their debts, the “means test” determines whether they have enough disposable income to repay some or all of those debts.
So, if the household income falls below state levels, or living expenses exceed the income, debtors become eligible for Chapter 7 liquidation.
If they have enough means (assets, property, etc.) to pay off some of their debt, or make too much income, they will be required to file for Chapter 13 bankruptcy.
Chapter 13 Bankruptcy
Chapter 13, or wage earner’s plan, is a type of bankruptcy that develops a repayment plan for debtors with a regular income.
Typically completed in the span of 3 to 5 years, filing for this chapter will enable a debtor to pay off creditors through a trustee-distributed payment plan.
Unlike Chapter 7, this filing will protect your property (including nonexempt property) from repossession and your house from foreclosure.
After a debtor successfully completes the court-mandated repayment plan, unsecured debts have the potential to be dismissed.
Eligibility
To become eligible to file for Chapter 13, debtors must have a regular income and have unsecured and secured debts that are less than $394,725 and $1,184,200, respectively.
Unsecured debts are those that are not backed by or tied to any tangible collateral or asset. Medical debt and credit card debt are the most common types of unsecured debt.
Unlike unsecured debts, secured debts are borrowed with collateral. This means that a debtor took out a loan with a tangible asset as collateral.
For example, a house and a car can be collateral for a mortgage and auto loan.
Advantages and Disadvantages of Chapter 7 and Chapter 13
Filers of both Chapter 7 and Chapter 13 have the potential to be “discharged” of unsecured debts. This means that filers can be cleared of any outstanding debt that falls within the realm of each chapter, giving them a new beginning.
Chapter 7
In the case of Chapter 7, filing can quickly give debtors a fresh start, relieving them of their unpaid debts.
However, filers of liquidation bankruptcy have the potential to lose most of their nonexempt property for resale by bankruptcy trustees.
Unlike Chapter 13, Chapter 7 doesn’t give debtors a way to catch up on repayments to avoid repossession or foreclosure.
Chapter 13
Chapter 13 offers repayment plans that allow debtors to keep their property and catch up on payments for their secured debts. In most cases, filers of wage earner’s plan will be cleared of their unsecured debts.
Chapter 13’s repayment plans will keep your property protected and relieve you of unsecured debts when the payment plan is completed.
Affecting Your Credit Score
In any case, filing for either chapter of bankruptcy will lower your credit score, making it more difficult to get any kind of loan. However, applying for a loan with a discharge on your credit isn’t impossible.
If you have a bankruptcy on your credit record, you are just more likely to receive loans at a higher interest rate.
Bankruptcies stay on your credit report for a number of years. Typically, a Chapter 7 filing will remain for ten years while a Chapter 13 will remain for seven years.
Hiring A Qualified Bankruptcy Attorney
Speaking with a qualified lawyer can protect you from losing property and assets. If you’re considering filing for bankruptcy, be sure to get in touch with a professional bankruptcy lawyer to determine your best financial options.