Your Family and the Law – Marriage

Marriage is a contract, but not an ordinary one. Because of the importance of the family, society sets rules and imposes duties and obligations that usually do not apply to purely private agreements.

A marriage is valid everywhere if valid in the state where it takes place. Each state sets its own rules, which usually include a license, a blood test, a waiting period, and a ceremony performed by a clergyman or judge.

Some marriages are prohibited because of blood relationship, age, prior marriage, or physical or mental incapacity.

Annulments

Marriages that do not conform to the rules are not automatically void. Unless incestuous or bigamous, a marriage will be valid unless one or both parties takes legal action and has it annulled within a reasonable time.

If an underage person marries, the child’s parents can have the marriage annulled. Annulments may also be obtained on grounds of fraud if, for example, one party expressed a desire for children knowing that he or she could not or would not have any.

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Common Law Marriage

Newspapers often use the term “common-law marriage” to refer to the state of any couple living together; such use of the phrase is not accurate. A common law marriage is an agreement to marry and live together as man and wife without going through a ceremony.

In states where they are permitted, common law marriages are exactly the same, legally, as any other marriage. The difficulty lies in proving the agreement and the intention of the parties, especially if one or both is dead and there is a dispute over inheritance.

Most states no longer recognize common law marriages. However, they will recognize a common law marriage that was valid at the time it was entered into, or one made in a state that does recognize them.

The legal court

Gavel and american flag, symbol for jurisdiction

Changing a Name

A married woman often wants to continue using her maiden name; she may, for example, have established a useful professional reputation under that name. Using a maiden name is perfectly legal. In fact, anyone can use any name he or she wants, so long as there is no intent to defraud.

You could not, for example, use the name of a well-known person in order to borrow money. Getting a court order to change your name makes it official, but it is not necessary.

State laws. Some states do require women to use their married names or driver’s licenses or other documents. The state can do this, as it is responsible for public records. In these states, a woman must either comply or go to court and have her name officially changed.

Updating Records

Most women do take their husband’s names. Those women should immediately notify the Social Security Administration to avoid any possible confusion in the records, as well as employers, insurance companies, department stores where they have charge accounts, and anyone else whose records should be changed.

An Overview on Hit and Run Bicycle Crashes

Bicycle accident such as “hit and run” is one the most widespread bicycle crashes that can happen to cyclists. The highway can be filled with careless drivers on their phones chatting or texting away. A negligent driver may not be paying careful attention to their surroundings.

These cases aren’t a lost cause, and mostly, the cyclist can recover from the automobile insurance of driver or the cyclist himself or herself. As is common the case, the insurer isn’t too content to disburse on these claims. The bias that bicycle riders face against car drivers, insurer, and even cops can make these claims hard.

Bicycle accidents

Guy met with a bicycle accident.

Things you must do if you got involved a hit and run crash in preserving your case and protect your rights:

  • Firstly, you should instantly file a police report. Cyclists frequently feel that contacting the police is nonsense since the liable driver already fled the accident scene. This could not be far from the truth. Police have substantial resources, can track down the responsible party, and can do so if called or contacted immediately. But even though the vehicle driver can’t be found at all, your insurance will almost constantly call for an investigation be commence and recorded in a police report. The majority of cyclists do not know that there’s still a chance for recovery from such accident and frequently fail to go to the police. It is a vital thing you can do when a hit and run occurs.
  • You should instantly notify your health and car insurance companies. In most states, the law typically calls for you tp report the accident right away and a few states even entail you to do so in 24 hours. Submitting this claim against the car insurance policy could be the mere recovery source for your damages such as lost wages, bicycle replacement cost, medical bills, suffering and pain, and all that.
  • Seek medical attention immediately. Most people harmed in a bicycle crash are likely to be more concerned about the bikes or training event instead of the actual physical damage that has happened. Frequently, bicycle accident cases involve significant injuries and painful recoveries. It’s very vital that you take the time to heal and seek prompt and adequate medical help. Once you get medical attention, you should comply with your doctor’s orders.
  • Identify witnesses. Even when the driver has fled the accident scene, witnesses could still be pulled over in order to help out. Ensure that you get their contact details and declarations of what they saw. The investigation of the police will go much more for you if you can present witnesses that they can ask.
Bicycle

Bicycle and helmet.

Bicycle crashes are not rare and they can be just as damaging as an ordinary automobile accident (even more fatal). If you even get involved into one, know that you can always depend on the services of a personal injury lawyer. You deserve just compensation after what you’ve been through.

Things You Want To Know About Medical Malpractice

Fact: In line with the JAMA (Journal of the American Medical Association), medical neglect is the third principal cause of fatality in the United States—right behind cancer and heart disease.

In 2012, more than $3 billion was expended in malpractice payouts, with an average one payout in every forty-three minutes.

Shocking, Isn’t It?

Yet there is stuff that you could do to prevent becoming an inopportune part of these figures—to be your finest healthcare advocate. Jason Konvicka should know.

He was proclaimed as one of the state’s Super Lawyers, the experienced trial lawyer has won a few of the biggest personal injury rewards in the state, also freshly secured the hugest malpractice award in court history of Virginia state.

LearnVest talked to Konvicka to converse about upsetting trends in medication and listened to his recommendation on how folks can reduce their risk of facing medical malpractice.

The emergency room.

For starters, what is the legal description of medical malpractice?

Jason Konvicka stated that medical malpractice happens when a healthcare provider swerves from the “standard of care” in treating a patient. The standard of care is described as what a rationally cautious healthcare provider would or wouldn’t have carried out under similar circumstances.

Essentially, it talks about whether the healthcare provider was careless.

How do you find out if someone was the medical negligence victim?

A malpractice claim would exist if the negligence of a provider results in damages or injury to a patient. On the other hand, experiencing a terrible outcome is not constantly proof of negligence.

Moreover, healthcare providers will occasionally notify a patient that they have received careless medical care from their previous healthcare provider, and most probably will occasionally inform a patient that the providers, themselves, have erred.

Another motivating thing: A quick, truthful “confession” might avoid a claim in the future, or give a chance for a resolution without the required litigation.

If they can, insurance agencies typically desire to resolve with an injured individual directly, and this lets them do so prior to the full amount of injuries are identified, and avoiding the injured individual from hiring a lawyer who could boost the claim’s settlement value by means of their representation.

It is imperative to note, on the other hand, that the trial of medical malpractice claims—as well as having a high possibility of failure—could be very expensive, time-consuming and stressful. It is expected that medical mistakes kill approximately 200,000 individuals in the United States annually.

But the only 15percent of the personal injury cases filed per year entail medical malpractice cases, and over 80 percent of those cases end without payment at all to the injured party.

As a result, most skilled medical malpractice lawyers won’t pursue a lawsuit unless the damages and injuries put in the records—following review by a professional in the specialty—are considerable and validate it.

What to do if you think that you have been put through negligent care? Is there a statute of limitations?

Contacting an experienced malpractice lawyer must be the initial step. A methodical assessment of the details of the case—this entails everything from getting important medical records to meetings with the family members, patient, and friends—must be carried out by the lawyer to find out whether the case has enough reason to take action.

Statutes of limitation—deadlines by which a case should be filed or barred permanently —vary from one state to another, as do the routine requirements that should be met prior to a medical malpractice case is filed.

It is always good to seek help from a lawyer qualified in the area where the suspected malpractice took place.

What can patients do so as to reduce the possibility of experiencing medical malpractice?

Being proactive regarding medical care is certainly the most excellent step. Patients must do research so as to be aware of their well-being, and record their symptoms. They must ask healthcare providers about stuff that they think are imperative, and expect full and absolute answers.

It is also vital not to let yourself be frightened by the system. Speak out and support your own well-being. If patients think that something might be wrong, they must talk to their healthcare providers. Though it is important to have faith in your nurse or doctor, it is also vital to observe your body… and make use of common sense.

Also wise: Have a friend or family member escort you on vital visits to your healthcare providers.