A strong argument can be made that the most important thing to know when considering filing a lawsuit is how long you have to file the case. After all, if you wait too long, you lose the ability to file a lawsuit entirely. If you are missing any other piece of information, you may be able to still file successfully, but not knowing your time limit can cost you the entire case. This guide will help you understand how long you have to file a medical malpractice case.

The Statute of Limitations

The legal term for your time limit to file a lawsuit is the “statute of limitations.” It is wise to research what your statute of limitations is, but the smartest decision you can make is to speak with a medical malpractice attorney, like a medical malpractice attorney in Naperville, IL, to get all the information you need about starting your case.

There are three figures that affect your time limit to file your medical malpractice case. The statute of limitations is a bit unusual for this type of lawsuit because medical malpractice is often quite different from other types of personal injury, as it can take months or years to actually discover the injury. If the statute of limitations worked the same way as other lawsuit types, you may not even realize you are injured until the time limit has expired. The three figures for you to know are:

• Your time limit to file
• Your time limit to file after discovery
• Your time limit to file in total

If you discover that you are injured immediately after the injury takes place, then you will have a normal amount of time to file. This is usually two or three years, although the state you live in may have only one year or as many as six.

If the discovery of the injury is delayed until after the normal statute of limitations is expired, then your state will grant you a certain amount of time to file. This amount of time is usually six months or one year, but often longer.

Finally, there is a length of time that is your time limit no matter what, regardless of when the injury is discovered. If you do not discover the injury until after this total time limit has expired, there is nothing you can do. However, this time limit is usually close to 10 years and some states do not have a total limit at all.

If you think you have been the victim of medical malpractice, contact an attorney immediately so your time limit doesn’t expire.

Thanks to The Law Offices of Konrad Sherinian for their insight into what the time limit is to file for medical malpractice. 

Perhaps more than ever before, more families have taken on a non-traditional idea of family. Many homes include children from past marriages, or adopted children who are not biologically tied to either parent. Regardless of DNA, family members are often held close to our hearts, and we may want to ensure that they are all protected under the law during estate planning. If you want to confirm that your estate will be distributed to your family members as you prefer, then it’s important to speak with a qualified estate planning attorney near you. 

The Rights of Stepchildren

Despite being loved and accepted by their stepparents, stepchildren do not have any rights to your belongings if you were to pass away without including them in your estate plan documents. As a stepparent, you do not have to obtain parenting rights for them to inherit a portion of your estate, you would just have to list their names specifically as beneficiaries and what items or money you have designated them to receive in the future. When working with an attorney on your estate plan, be sure to communicate your wishes regarding stepchildren so they can advise you accordingly.

Adopting Stepchildren

If you ask your attorney about whether it’s better to just adopt your stepchildren, they are likely to tell you that this is only a decision that you can make on your own, based on what is right for you and your family. Adoption will grant you parenting rights, to where your biological children and stepchildren will have equal rights in the sense of property, inheritance, and assets.

However, one key consideration is if you do adopt your stepchildren and the other parent is not involved in their life much, you would essentially be severing the ties to that side of their family. This may cause your stepchildren to become ineligible to receive inheritances down the line.

In some states, a stepparent may adopt a stepchild without terminating their rights and relation to the biological parent. But, it depends on where you live, the laws for your state, and the circumstances of the adoption. It may be best to get advice from an estate planning lawyer in Roseville, CA so you can ensure you are taking the right steps.

Adopting Non-Biological Children

Many people decide to adopt from an agency either in their community, within the United States, or out of country. It is also possible to adopt straight from the mother, after giving birth in the delivery room. The process can be long and can entail quite a bit of fees and expenses. But after all is said and done, the adoptive parents now get to experience the highs and lows that come along with parenting. After finalizing the process of adopting non-biological children, you would become their legal parent by law. So, if you were to pass away without having an estate plan, then they would have equal rights to a portion of your estate. 

Thanks to Yee Law Group for their insight into estate planning and adding your adopted or stepchildren to your plan.

Being a victim of a personal injury incident is not to be taken lightly. Personal injury cases arise from several different types of incidents. Motor vehicle accidents, slip and falls, nursing home abuse, wrongful death, sexual assault, premises liability, product malfunction, and so many other things can lead to a personal injury case. Because of this, there are several ways to be compensated, as each case is different. Having a personal injury attorney is very helpful if you or someone you know wishes to pursue a personal injury claim, however, it is always best to understand what you may potentially be compensated for. Money is paid out to cover what the legal world calls “damages,” and there are different types of damages you should know about. 

It may already be understood what technically causes a personal injury. When another party’s lack of duty of care, or negligence, leads to an injury of another usually begins the personal injury case process. There must be an injury or death for it to be a case. Injuries in personal injury cases are not always physical. There are also emotional injuries an individual can be compensated for — especially with the right attorney. With a personal injury attorney, like a personal injury attorney in Dekalb, GA, there are two common types of damages that are usually pursued:

• Compensatory damages. These are the most common damages that are covered in personal injury settlements. They are awarded for physical damages that likely have a paper trail of bills that help determine the amount due.
• Punitive damages. These are for the other end of the personal injury spectrum. They are the injuries that cannot be calculated and do not require a physical injury; only the proof of wrongdoing on someone else’s behalf is needed.

Both compensatory and punitive damages are paid to the victim who filed the lawsuit. To get more specific, special damages are considered compensatory damages. These are your medical bills, any lost wages, and anticipated medical work, or any hindrance of work going forward. This number can be roughly calculated. On the other hand, the punitive damages, also called “general damages,” are not as easy to calculate, but are still due to a victim. If you have ever heard of someone being compensated for pain and suffering, this is considered a general damage.

Dealing with the pain of a personal injury is stressful no matter how they come about. Be sure to speak with a skilled personal injury attorney about what you can be rewarded for your injury.

Thanks to the law office of Andrew R. Lynch, P.C. for their insight into the different types of damages that can be pursued in a lawsuit. 

If you and your spouse divorce, there are a multitude of decisions to make. Aside from separating finances, residences and debts, you also have the grueling task of dividing the time with your children.

Setting up a shared parenting agreement may seem impossible, especially if you and your spouse do not agree on anything. However, coming up with a practical and enforceable timesharing agreement is vital for your children. The court system always rules on what is in the best interests of the children, and as such, you should negotiate a parenting plan that puts them and their needs front and center. Discover these three essential elements every parenting plan should contain.

1. Co-parenting Agreement

A significant part of parenting children after divorce is doing so with the support of the other parent. When the children are not with you, the other parent should have the authority to decide how to handle situations that arise. However, it is helpful if both parents set a foundation of common goals that they both implement. For example, if the children are small, keeping bedtime consistent between both households may be key to the children’s success in school. The more consistent the two houses are, the better for your children. You may want to include agreements on how you agree to handle things like phone calls with the other parent, homework and afterschool activities.

2. Schedule of Physical Custody

The time the children spend in each household is the center of a parenting plan. Depending on your particular circumstances, it may be better for the primary residential parent to have the children more, or you may be able to split physical custody equally. Regardless, the agreement needs to detail the schedule. You also need to include deviations from the plan for things like:

• Summer break
• Holiday sharing
• Birthdays and special events
• Spring break
• Family vacations

Your schedule may change over time, and hopefully, the two of you can work it out rather than returning to court for a judge to do it.

3. Resolving Problems

One parent may violate the terms of the parenting plan repeatedly. When this becomes a detriment to the children’s interests, it may be time to consider going back to court. Part of the parenting plan agreement is how disputes and issues regarding the terms of the document will be resolved. Perhaps the parents must go through psychological services first, or something like alternative dispute resolution. The document is worthless if it is not enforceable in some way.

Getting help in drafting a parenting plan is recommended. A divorce lawyer has the expertise required for such an important document.

For more information call a family law attorney, like a family law attorney in Austin, TX, today.

Thank you to the experts at Gray & Becker, P.C. for their insight into family law practice.

Having a valid will that clearly states how you would like your estate handled in the event of your death can make matters less stressful for your benefactors, especially during that time of bereavement. You may have put this task off because you are unsure of how to proceed or believe it is too difficult to handle on your own. However, creating a will may be easier than you think, and there are a few steps you can take to ensure your estate is handled properly after you pass.

1. Contact a Lawyer 

If you are unsure of how to begin when it comes to drafting your will, it can be wise to seek out an attorney first. He or she can answer any questions you might have regarding the drafting of the will, how to name beneficiaries and how to choose your witnesses. Having legal assistance can give you peace of mind that your will is being created properly.

2. Draft the Document 

Before you write your will, consider who you plan to name as your beneficiaries and make a list of assets that you want to include in the document. These might include retirement accounts, vehicles, real estate and valuable antiques or jewelry. If you plan to bequeath any assets to minor children, you may want to name a guardian to hold them in trust until the minors come of age.

3. Name and Gather Witnesses 

Your will may not be valid unless it is signed in front of witnesses. Your attorney can act as a witness, and you can choose others, such as your spouse or adult children. You may want to ask your attorney about your state’s witness requirements.

4. Sign Your Will 

Once your witnesses are in place, sign your will and then ensure that your witnesses sign and date it in the proper place as well. Have your lawyer inspect the document to ensure all signatures are legible and are in the proper place.

5. Consider the Future 

There may come a time when you want to update your will to provide for any future children or any change in your life, such as a divorce or death of an heir. You can let your attorney know when changes are necessary or discuss the creation of a living will, which can funnel your assets into your existing will if you were to die unexpectedly before making updates to the document.

Creating a will can seem like a daunting prospect, but it may be simpler than you believe. Speak to an attorney, like an Arizona Probate Attorney, in Phoenix, AZ, today for more information or to schedule an initial consultation.

Thank you to the experts at Kamper Estrada for their input into probate law.

Perhaps the most challenging thing that you and your spouse will have to discuss during a divorce settlement with the assistance of a divorce attorney in Chandler, AZ, is who is going to keep your furry family members. In today’s society, our pets have become more like family and we treat them as such. But in the eyes of the law, pets are still considered property. If you bring the topic of who gets to keep your pets to the courtroom, the judge can decide for you.

However, it isn’t likely to be the same type of discussion as if you were disputing over child custody. In fact, the judge may only focus on who purchased the pets, provided their pet supplies, paid for veterinary bills, and other financial factors. Don’t be surprised if the judge doesn’t ask who’s side of the bed your pets sleep on.

Planning Ahead with a Pet Prenup
Let’s say you aren’t actually going through divorce just yet, but are recently married and are thinking about precautions you can take because you are a realistic person. You and your spouse can create a pet prenup to help minimize the anguish in the event that you do part ways down the road. Of course, the topic in itself can be uncomfortable, but it may be easier to decide now who gets to keep which pets if that does end up happening, then trying to achieve a resolution while in the midst of a heated separation.

If you and your spouse are seriously thinking about planning ahead with a pet prenup, here are some questions that you may want to ask yourselves:

• Which spouse has to work more? Does one spouse work from home? Do either of you ever have to travel far away for long periods of time for work? If one of you has work obligations that leave your pet at home all day, most days, then this is probably not the best scenario for them.
• If you have multiple pets, how do you imagine splitting them up fairly? Do any pets prefer one spouse over the other? While you may not openly acknowledge it, certain pets may have a stronger connection with one of you over the other. 
• Did either spouse enter the relationship already with a pet? It only makes sense that the person who had the pet before you even met gets to keep them in the event of divorce.

Sharing Custody of Your Pets

Just because you are divorcing doesn’t mean that you have to choose only one person who gets your family pets. Maybe you both feel it’s best to have them in your life at least some of the time, versus not at all. And perhaps you feel that it’s worth a little awkwardness staying in communication with your ex spouse if that means you get to see your pet. You can create a schedule that you both agree to, just as if you were sharing custody of a child. And if seeing each other or speaking directly is too much, then you can have a trusted third person transfer the pets between you two.

Thanks to Citadel Law Firm for their insight into family law and legal considerations for your pet.