Blog Archives - Simon Law

Is a Divorce Without Children Involved Easier? With These Tips It Can Be

RadiateWP — Wed, 05 Dec 2018 18:21:54 +0000

Let’s Talk About It One of the hardest, but most important, things for couples who are in the process of a separation or divorce is communication. At the beginning of a relationship or marriage, it seems so much easier to sit down and say, “Okay, honey, let’s talk about it.” But when the waters are muddied by marital stress, things are not always so simple. A helpful trick for navigating a divorce, especially one where there are no children involved, is to talk. Let it all out – bottled up emotions are not going to solve anyone’s problems, and they certainly will not save the marriage. Communicate freely and work to come to as many agreements as possible. This will save you time and money when the divorce proceedings begin. Be Reasonable You and your soon to be ex-spouse are likely facing a long road of dividing and splitting, moving and sharing. This is normal in any divorce, so try to be patient, and reasonable. When splitting up assets and possessions, remember that you, at one time or another, loved this person, and you are both choosing to go your separate ways for presumably good reasons, regardless of the surrounding circumstances. Take a deep breath and try to remind yourself that material possessions are just that—material. The happiness and wellbeing of yourself and another person are on the line, and being unreasonable puts everyone at risk. Don’t expect to take off with both cars, the house, the dogs, and half of whatever is left in the bank account. Not only is this an unreasonable expectation, but it is also incredibly unfair. We all know that divorce can cause some pretty uncomfortable and disruptive feuds, but try you best not to let this get to you when it comes to the legal portions of this process, as it will only complicate things further and cost you more time, energy, and money in the end. Know Your Stuff Keep track of the items that truly belong to you and what items are shared. Make detailed lists of what you are hoping to take with you, what already belongs to you, and what you expect to gain financially (or other non-physical possessions that will eventually need to be divided, insurance benefits, retirement, etc.). Hire a lawyer and use a mediator to help come to agreements on the division of assets. This will significantly help you to make sense of the legal jargon that will inevitably bring up some questions between you and the other party. Having someone on your side allows you to “know your stuff” when it comes to the formal court proceedings and all other aspects of the separation or divorce. We Can Help With over twenty years of experience, Simon Law Group would like to earn your trust as a local personal divorce and family lawyer. We are here to support you in getting the results you expect after a marital disruption. If you have any questions, would like to discuss your case, or are wondering what you could potentially expect from your divorce settlement, contact us at (480)-745-2450 to schedule your free consultation. And remember, experience matters! ]]>

3 Ways to Support Your Teen Driver and Reduce Accidents

RadiateWP — Wed, 05 Dec 2018 18:20:58 +0000

What Can We Do? Parents play a crucial role in the proper instruction and training of their new young drivers. What many parents oftentimes fail to realize is that quality one-on-one time, both in and out of the car, can make all the difference when it comes to teaching teens about safe driving. If you are a parent of a teenage driver, consider these simple steps towards a better driving experience with your child: Put down your phone. Even if you aren’t the one behind the wheel, it is incredibly important that you are one hundred percent invested in the process of teaching your teen to drive. If you are a distracted passenger, your teen may easily become a distracted driver. After all, your children look to you as a role model for everything in life, safe driving included. This means that it is highly imperative to model safe driving habits when you are the one operating the vehicle as well. Speak kindly. Your kids are trying their best, so do your best not to scold them when they are driving, as that in itself becomes a distraction. Driving for the first time can be a stressful experience for everyone involved. Try not to make things worse by raising your voice or over communicating. Let your teen learn by doing. They will be much more receptive to your guidance if you are a quiet observer who only speaks when absolutely necessary, and one who speaks helpful, constructive words. Spend time doing other things. All too often, parents of new drivers get wrapped up in trying to get the mandatory road hours logged, the manuals read, or the tests done. Sometimes it is helpful to just take a break. Spend some time with your teen doing something they enjoy in order to give you both a break from the new driver stress. Make sure your teen feels valued, listened to, and respected off the road: this will give them more confidence, self-assurance, and the ability to focus while on the road. We Can Help With over twenty years of experience, Simon Law Group would like to earn your trust as a local personal injury lawyer. We are here to support you in getting the money you need to take care of yourself (and/or your loved ones) after an accident. If you have any questions, would like to discuss your case, or are wondering what you could potentially expect from your personal injury claim settlement, feel free to contact us at (480)-745-2450 to schedule your free consultation. And remember, experience matters!]]>

What are the Laws in Arizona About Rescuing a Dog in a Hot Car?

RadiateWP — Wed, 18 Jul 2018 14:24:58 +0000

entering a hot car to rescue a dog. His efforts saved the dog and caused animal lovers in Georgia to demand new laws focused on animal rights. There are 25 states to date with laws on the books allowing for either public officials to rescue, or in some states, anyone can do what is necessary to save an animal. Even in these states, many of the laws specify what kind of animal can be saved and other rules that must be adhered to for the rescue to be lawful. Arizona Laws About Rescuing a Dog in a Hot Car Upon witnessing a dog or other animal left in a car, especially if they seem to be in imminent danger or are in distress, it is only natural to want to do whatever necessary to rescue them. However, before you do, it’s important to know the laws in your state or be prepared to defend your actions to law enforcement and/or the courts. The states that have the “Good Samaritan” laws regarding animals in hot cars include: California, Colorado, Florida, Indians, Massachusetts, Ohio, Oregon, Tennessee, Vermont, Wisconsin, and Arizona. These Good Samaritan laws allow for a private citizen to rescue an animal that is in distress or imminent danger. However, for a private citizen to lawfully enter a vehicle to rescue an animal most laws require you must first try to find the vehicles owner as well as contacting law enforcement and informing them of the situation. In states where the “Good Samaritan” law is in effect, someone who rescues an animal from a hot car is immune from being liable for damages occurred during the rescue. Other Rules For Arizona Residents With temperatures that remain higher than the rest of the nation year-round, living in Arizona means it is extremely important to be aware of the laws as both a pet owner and a concerned citizen. The State of Arizona defines an animal as any mammal, bird, reptile, or amphibian. That means one is not limited to rescuing only animals such as cats and dogs. Remember, removing a confined animal from an unattended car in Arizona requires that you:

Have good faith the animal is in danger if not removed
The vehicle is locked
Law has been contacted
No excessive force is used to enter the vehicle

The laws are always changing and many states have laws pending, so be sure to stay updated on the laws in your area. You can check a reputable site online that does frequent updates, such as Michigan State University’s Animal Legal and Historical Center, which has a table of state laws, or contact a legal professional in your area who will know your rights. For more information of the dangers associated with hot cars, visit: https://www.cdc.gov/disasters/extremeheat/children.html Concerned about the property damage and/or injury suffered from a pet rescue? Are you or a loved facing distress over the carelessness of another person or business? Simon Law Group serves the Phoenix area and can help. Get the advice you need today and contact Simon Law anytime day or night at 480-745-2450. ]]>

What Defines a Birth Injury?

RadiateWP — Fri, 19 Jan 2018 20:10:12 +0000

medical malpractice and/or results in permanent impairment or wrongful death, it is important to speak to a birth injury lawyer to determine what corrective action can be taken on your behalf. What are natural birth injuries? Natural, normal and expected birth injuries can happen for a variety of reasons and are not caused by medical malpractice. Several risk factors such as mom or baby’s size, baby’s positioning, and mom’s health can all play a factor in whether or not a birth injury is expected. Injuries are most often associated with the trauma of the birthing process and include shoulder, hand and arm injuries; fractures of the collarbone; and bruising or broken blood vessels, swelling, or partial paralysis on the head and face. There is also a difference between a birth defect and a birth injury. A birth defect is a genetic predisposition to a disorder or disability, whereas a birth injury happens as a result of the birthing process, including before and after. What birth injuries are a sign of medical malpractice? When a medical professional fails to provide the standard of care expected of them, and that results in injury, that may fall under medical malpractice. When a baby is in a breech position, vaginal delivery can be difficult or even impossible. A cesarean delivery reduces the risk of infant death in abnormal fetal presentations and therefore birth injuries as a result may be considered malpractice. The use of forceps or birthing vacuum device which assist delivery can cause damage. If they are improperly used or aren’t in proper condition and a permanent injury results, a lawsuit can be opened. Some birth injury symptoms may not present themselves until later in the child’s life, such as those that effect normal development which may not be discovered until pre-school or even later. These are typically brain injuries due to lack of oxygen during delivery. Other forms of medical malpractice Additional forms of medical malpractice include: Not performing a procedure correctly Failing to perform an expected and needed procedure Failing to administer anesthesia or proper medications Causing damage to other organs during a surgery Improper use of equipment Failure to properly diagnose Product Malfunction/ Failure What can you do if you feel you have suffered as a result of medical malpractice? Birth injury and medical malpractice lawsuits are designed to help those who have been injured due to someone else’s negligent acts. Even simple cases that involve permanent impairment can range in settlements from $100,000 to millions, based on medical bills, life care costs, and pain and suffering. It is important to speak to a birth injury lawyer to help sort through your specific situation to determine what the best course of action should be. If an insurance adjuster is offering a settlement amount to you, it is a good idea to have that reviewed by a lawyer as well. An experienced medical malpractice attorney understands the complexity and long-term effects of these types of cases and can advise you of the rights you may not know you have. ]]>

What Are My Rights As a Rider After a Motorcycle Accident?

RadiateWP — Tue, 20 Sep 2016 18:38:44 +0000

Insurance Payment Regardless of who was at fault, your insurance company is responsible for paying your initial medical expenses, according to the specifics and limits of your policy. They, in turn, may be able to receive reimbursement after an accident claim, but they have a duty to take care of you until then. Replacement of Lost Income Most people who suffer injuries in an accident face loss of income from work or the need to pay someone else to take care of any responsibilities that you cannot. You are owed compensation for that loss Payment for Damages to Motorcycle When your motorcycle is damaged in an accident and requires repair or replacement, you are entitled to a rental car if you were not at fault for the crash. A Safe Roadway Once any driver, motor vehicle or motorcycle, gets on the road with other drivers, each of them owes the rest their safest, most responsible driving. If another driver acted in a way that contributed to your accident, they were at the very least negligent in their duty to keep you and their fellow drivers safe. Pain and Suffering In Arizona, there is no specified limit on the amount you can recover for pain and suffering, and you are entitled to past, present, and future compensation for the injuries and distress you experienced as a result of your accident. Compensation for Any Cause of Accident Even if it wasn’t another vehicle that caused your accident, you may be able to pursue action against other contributing factors. If damaged pavement, insufficient signage, poorly lit roads, or other design defects caused your accident, your local or state government may be liable for your injuries. Whenever you are pursuing legal action against anyone with more power–or even the same amount of power–as you, it is critical that you hire skilled, knowledgeable counsel. An experienced attorney can advise you on what steps you need to take and what the likely outcome of your case will be. As a motorcycle rider, you have certain rights just like any other driver. Don’t lose out on the compensation and consideration you are owed, contact an accident attorney with extensive personal and professional experience defending cases such as yours. Schedule your free mini session today!]]>

How Will My Lawyer Handle My Personal Injury Case?

RadiateWP — Tue, 20 Sep 2016 18:32:49 +0000

Step 1: The Consultation During your first meeting, you will tell your lawyer everything about what happened in regards to your injury. Be complete and detailed in your explanation, and your attorney will typically wait until the end to ask questions and clarify information. Your personal injury lawyer will then explain what you can expect from the case, what the timeline is estimated to be, and to never discuss the case with anyone outside your lawyer’s office. Confirm how you can contact your lawyer and when to expect updates on how your claim is progressing. Step 2: Investigation The investigation of your claim usually includes a review of the following, depending on your specific case.

Witness statements

Both your statement and those of any witnesses will be examined for continuity, potential blank spots, revealing details, and points of agreement.

Police reports

If officers were on the scene, that report will be considered for their perspective as well as for any observations they may have made at the time.

A possible visit to the scene of the incident

If a layout of the scene will help verify any details or provide a better visual understanding of what happened, then your lawyer may go to take photographs or to sketch a map of the area. This background can also help you better place yourself within the setting and possibly even allow you to better elucidate the events that transpired.

A review of all medical reports and documents

Reports from your doctor will be essential in explaining the extent of your injuries, as well as shedding light on their origins.

A review of appropriate laws

Various laws and precedents already in place to frame and support your case, and some may be able to provide you with better odds than others. Your attorney will evaluate which laws apply and how to demonstrate their implications most effectively. Step 3: Settlement Talks Hopefully, your case will reach settlement talks before too long and all the evidence and results of the investigation will be examined and discussed before a mediator. Many such cases are settled outside of a trial, when you as the plaintiff agree to give up further legal action in exchange for an agreed upon sum of money. Your attorney will counsel you regarding what to expect and give their recommendations and assessments of the likelihood of a settlement. Your own unique case and the specific approach of your attorney means that every personal injury case looks a little different. Schedule your free mini consultation now for a customized analysis of your case and to begin the process.]]>

What Are My Options if My Grandchildren Were Taken By DCS or CPS?

RadiateWP — Tue, 20 Sep 2016 18:24:18 +0000

Option 1: If a grandparent wants to support their own child in regaining custody of their grandchildren eventually, the grandparent can seek placement of the children without actually filing any kind of suit. This means that a grandparent can provide a home for the children so they stay out of foster care, but they are still able to provide testimony on the parents’ behalf. Option 2: A grandparent may choose to file their own lawsuit, called an intervention, to seek legal custody of the grandchildren instead of just a temporary placement. Once this kind of suit is filed, the grandparent must be prepared to give a statement asserting that if the children are returned to either of their parents, the children’s health or emotional development will be significantly impaired. This option allows the grandparent to step in more emphatically, and have more of a voice in the courtroom than if they choose option one. It is also a more definitive step, and grandparents must be aware of the statements that will be required of them, and must truly believe that the well-being of their grandchildren is at stake. If your grandchildren have been taken away from their parents by DCS or CPS, the first thing you must do is seek legal counsel. A skilled family law attorney will be trained to handle CPS cases and can give you the most comprehensive assessment of your options and responsibilities, all while understanding the urgency of your case.]]>

Anatomy of a Personal Injury Case

RadiateWP — Mon, 11 Jul 2016 18:44:56 +0000

Stage 1: Information Gathering You attorney will collect information such as: ● Basic Facts: The circumstances of your injury are gathered from interviews with you, responding police officers, and witnesses. Often the attorney will even visit the scene to get a sense of what happened. ● Medical Bill and Records: Records will be requested from any hospitals and doctors you saw after the accident in addition to pre-injury records to respond to claims that symptoms were a pre-existing condition. Your attorney will continue to request records until you have finished receiving treatment for your injuries, so keep them informed on your progress. ● Insurance Coverage: Once your attorney has information on health and auto insurance policies, he or she can ascertain which types of coverage apply to your scenario, and send letters to insurance carriers to inform them that you have retained legal counsel. This will ensure that they communicate with us, not you. ● Lost Wages & Other Damages: Your employer should complete a form stating the amount of time you missed from work and the amount of wages lost. After this, you and your attorney will determine what losses you have suffered in addition to direct wages and bills, working to explore all avenues of recovery. Stage 2: Preparing Settlement Package With all the information in hand, your attorney will prepare a package for the insurance company from whom you are seeking recovery. This includes: ● a description of your accident ● a discussion of the legal basis for claiming liability ● an explanation of your treatment and prognosis ● a statement of your damages – including items of specific economic loss, pain and suffering, inconvenience, and other “general damages” ● a settlement demand The goal here is to present a solid case to adjusters who are trained to evaluate injury cases skeptically. Your attorney will put in considerable effort to make the package comprehensive, clear, and backed with all of the information provided, so Stage 2 could last several weeks or months. It is important to make a strong case so that, with the backing of experienced legal representation, it will seem better to the insurance company to agree to the settlement rather than risk losing in trial. Stage 3: Negotiation and Settlement/Trial This could take weeks or months as the insurance company reviews the package and makes a counter offer, but your attorney will call to check in every 2-3 weeks if we do not hear back. Once an offer is made, your attorney will discuss your options with you to decide on your response. Often, this process involves several offers and counteroffers, and can be a long and frustrating period of time. If settlement cannot be agreed upon, you and your lawyer may decide to go to trial. Two issues must be clear: that the other party was liable and that you have incurred significant expenses as a result of the injury. Trial preparation takes a lot of work, and the plaintiff usually has the burden of proof, which can be more difficult than it seems. So discuss the issue thoroughly with your legal counsel before deciding to go to trial. Stage 4: Disbursement After you have accepted a settlement offer or obtained a jury verdict, the insurance company will send your attorney a Release and a settlement check, made out to you and your attorney. It will be deposited into the attorney’s account while the firm determines what costs have been expended during the case, checks for healthcare liens, and confirms the attorney fee. You can then review the disbursement sheet and finally receive your settlement proceeds. If you have been injured and sustained substantial economic damage as a result, it may be crucial to the quality of your life to receive some sort of compensation for that injury. Give your case the best chance at success by working with The Simon Law Group. Take advantage of our FREE Legal Mini Session by clicking the button below.

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7 Safety Tips for Motorists Regarding Motorcycles

RadiateWP — Fri, 24 Jun 2016 15:00:38 +0000

Requesting a Divorce Modification

RadiateWP — Wed, 22 Jun 2016 17:27:27 +0000