General Article

Personal Injury and Indiana Car Accidents 

After an Indiana traffic accident, a person may incur major injuries and/or car damage. Sometimes a car accident is just that, an accident. This means that the accident happened, and it was no one’s fault. However, a car accident can become a personal injury claim in certain situations. A personal injury claim requires an auto accident lawyer merrillville in to resolve the case in the injured driver’s favor.

Statute of Limitations in an Auto Accident Lawsuit

Indiana has what’s called statute of limitations. These are limitations on when an injured person can sue the at-fault driver in court. The injured person, who could be a passenger or driver injured in the crash, as a specific time to file their claim.

This specific time is two years from the date of the auto accident. For instance, if a car accident happened on February 2, 2018, an injured passenger or driver has until February 2, 2019 to file their lawsuit. If they wait until February 3, 2019 to file a lawsuit, their claim will be dismissed. Thus, it’s important to file a lawsuit early so the claim and proceed to court. Indiana doesn’t require a lawsuit to conclude by a certain time. The lawsuit must be filed. The statute of limitation does not extend to car insurance claims. This means that an injured driver has a longer time to file an insurance claim.

Comparative Fault in an Indiana Car Accident

Most of the time, one party is responsible for causing the car accident. However, an injured driver may be responsible for partially causing the auto accident. Indiana law allows for the at-fault driver to claim the comparative fault defense. This defense is an option when there was more than one person involved in an accident.

Comparative fault decreases the amount an injured driver receives. For example, an injured driver is awarded $1,000 for their pain and suffering, medical bills and lost wages. However, the at-fault driver claims the injured driver was partially at fault for the auto accident. If the jury agreed and found the injured driver 20 percent at fault for the auto accident, then the award would decrease.

The award always decreases by the percentage of fault. The percentage of fault in this example is 20 percent. Thus, the injured driver would receive $800 instead of $1,000. An injured driver’s lawyer will have an opportunity to fight this defense and get their client the full compensation. The exact strategy depends on specific circumstances such as proving the injured driver was not partially at fault.

Contact an Indiana Car Accident Lawyer Immediately

In Indiana, a driver or passenger hit by a driver can sue for injuries they sustained in the auto accident. This means that the driver or passenger must have an experienced auto accident lawyer to navigate them through the complexity of a personal injury claim. Whether a passenger or driver wants to settle the claim or go to court, it’s important to have legal representation.…

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General Article

The Child Custody Process in New Jersey 

Child custody involves where children will live and how they will be raised. The issue often comes up for divorcing, never married or divorced parents. New Jersey encourages parents to work together to determine child custody issues. Unfortunately, not all parents can agree on how their children should be raised or with whom they will live. This means one or both parents may go to court to help resolve the child custody issue. Resolving child custody matters is done with the help of a family attorney millburn nj.

Filing a Child Custody Case in New Jersey

A parent wanting to establish child custody must first file a motion to start child custody proceedings. The motion is called a custody complaint and is filed in the county where the children reside. In the motion, the parent must indicate whether they want joint or sole physical or legal child custody.

Physical child custody is the legal right for a parent to live with their children. A parent can seek sole custody, which gives them the right to live with their children all the time, or share custody. The latter is called joint custody.

They also must indicate whether they sole or joint legal child custody. Legal child custody is the right for parents to decide how their children will be raised. Sole legal custody means that one parent has the right to make decisions about schools, religion and medical care for their children. A couple of the motion is sent to the other parent. The parent must file a response and indicate whether they want sole or joint physical and legal child custody.

Before the Next Step of the Child Custody

Parenting time is the child custody agreement of when children will spend time with their parents. Parenting time can be submitted with the petition. However, the parents must come up with a parenting plan together and submit it for the court’s approval. If they can’t agree, then the parents will continue to work on a parenting plan in the step of the child custody process.

Mediation and Trial to Resolve Child Custody Issues

Mediation is not an option. It is mandatory. Mandatory mediation is the process where parents try to reach an agreement on child custody issues prior to trial.
If parents can’t decide child custody issues via mediation, the family court can investigate things like family’s economic condition, parents’ character and criminal record of both parents. The investigation is to determine if either parent should be awarded custody of their children.

The next step is custody trial. During the trial, each party presents evidence to show the judge why they should receive either sole or joint child custody. A judge will hear both sides. However, the judge will make a decision based on what’s in the best interest of the child. After the initial custody agreement is made, either parent can seek a modification if there are any substantial change that may impact their children’s welfare.…

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