You may not be familiar with this term, but simply put causation is your being able to prove that negligence on the part of another person caused your injury, and resulted in a personal injury claim. This means being able to prove that the accident you were involved in caused your injury and nothing else. In these situations the burden of proof is on the victim to clearly demonstrate the connection between the accident and the injury they suffered.
Let’s imagine you were involved in an automotive accident where your car was struck from behind. As a result you suffered typical “whiplash” injuries, which most courts are more than familiar in dealing with. If, however, you claim that additional, and unusual, injuries were suffered then the burden of proof will be on you to prove that the accident was responsible for these other injuries. You would specifically need to prove that these injuries were not pre-existing ones.
There are two types of causation you need to be aware of: Actual and Proximate.
This is often referred to as “but for” causation. In actual causation the jury will be asked to decide if the victim would still have been injured in the absence of negligence on the part of the person who caused the injury. This type of causation is usually very easy to prove because the causal link is clear e.g. the defendant was driving while under the influence and then swerved across three lanes of traffic, striking the victim’s car in the process.
The link between the driver’s negligence and the victim’s injury is clear and easily identifiable, so this type of personal injury claim should be settled quickly.
You’ve been injured in the workplace, and you’re lucky in that your employer actually has worker’s compensation insurance. What you’re wondering now is whether or not your injury can be classed as work related. Most work related injuries take place in the workplace itself, but they can also happen in other locations, as long as the employee was performing an activity or service related to their job. In certain circumstances a work-related injury can even extend to a company social event or outing, but only those directly sponsored by the employer.
What we’re getting at here is that clearly identifying any injury as being work-related can be quite difficult depending on when and where the accident took place.
Here are the most common categories for work-related injuries:
Certain states will classify an injury as being work-related even if the employees willfully disregarded health and safety guidelines. So, although you were involved in an activity which was clearly in breach of a safety rule, you might still be eligible for worker’s compensation. Never assume you’ll automatically be entitled to worker’s comp if you break company rules, because each case is treated differently. Cases where the injury is found to be self-inflicted are usually dismissed.
Most pre-existing medical conditions or injuries are covered under worker’s compensation, especially if your current job aggravated an existing injury in some way. The key difference with this type of injury is that you will probably only receive a payment for increased impairment, and not an additional payment for a “new” injury.
This is a contentious issue, but most injuries suffered by an employee while they’re on lunch break are not covered by worker’s compensation. The only potential exceptions here are if you were injured in a company cafeteria or canteen, or if you were performing a work-related activity during your lunch break. Another exception would be if you were injured during a company sponsored social event, such as the staff Christmas party.
Fortunately for employees worker’s compensation is a mandatory insurance coverage which caters to the vast majority of injuries which occur in the workplace. This gives you the peace of mind of knowing that your family won’t suffer because you’re currently unable to work. What you might not realize is that worker’s compensation doesn’t just cover your medical bills – there are a whole range of other benefits that might potentially be available to you. The first thing you need to check is if you’re eligible for the full range of benefits on offer – eligibility and the range of benefits available varies from state to state. Your personal injury attorney can detail what benefits you might be eligible for.
The range of healthcare services available to you through this benefit is very broad. It covers everything from a doctor’s visit, medical procedures, medication, through to any equipment required to help you recover from your injury, such as a wheelchair or walking frame. There are certain instances were alternative therapies such as acupuncture and counseling are also paid for, but this is case dependent. You will need to check whether or not your employer gets to choose your healthcare provider, or if that’s a choice you can make.
Once you’ve had the primary cause of your injury treated it might then require several months of physical therapy to get you back on your feet, literally. Rehabilitation benefits can also provide for any care you require to assist you in returning to work, especially if you’ve been absent from your job for several months, or even years. In situations where you are no longer capable of doing your previous job this benefit can be used to pay for training to prepare you for a new career more suited to your current physical and mental abilities.
Divorce is one of the most stressful events in any person’s life. In terms of emotional trauma it ranks a close second to the death of a loved one. The stress resulting from a divorce can lead to mental health issues, and other health problems. That’s why it’s in the best interests of both parties to resolve their legal dispute, and complete their divorce, in the most expedient manner possible. This is exactly what an uncontested divorce can offer.
A contested divorce is where neither party can agree on the divorce or the terms of the divorce. The courts will then have to work with the married couple to divide their assets and liabilities appropriately.
An uncontested divorce is where both parties agree fully on the terms of the divorce and do not require the courts to divide their assets or liabilities. It’s also known as a “simple” divorce.
In the case of an uncontested divorce your attorneys will have prepared what’s called a “Settlement Agreement”. This document is a legally binding contract between you and your spouse, specifying that you’ve come to a mutual agreement in how your assets and liabilities are to be distributed. It will only become legally binding once it’s been reviewed by the court and then signed by both parties.
In as much as married couples work to divide their assets fairly during a divorce settlement, even more effort is put into an equitable distribution of the debts incurred during the marriage. Even if you’re not currently considering a divorce, it’s still critical that you understand what your legal and financial obligations are in this situation.
New Jersey is what’s referred to as an “equitable distribution” state, which means that when a married couple file for divorce that both their assets and liabilities are divided in a fair manner. Now, it’s important to understand that equitable is not the same as equal, in that you can’t expect your debts to divided 50/50. It would be preferable for couples to reach this decision amicably, but it normally falls to the courts to decide how the debts should be split up. In New Jersey marriage is considered an economic partnership so any assets or liabilities acquired during the marriage are subject to equitable division regardless of who feels they hold the title to a particular asset, or debt.
When it comes to the division of debt in a NJ divorce, you must first separate the debts into marital and non-marital. A non-marital debt is one you incurred before you were married. This debt will continue to be yours after the divorce, with student loans being a perfect example of this type of debt.
Marital debt is any debt which was incurred during the marriage, and from which both parties benefited. This can include real estate, vehicles, credit cards, personal loans, stocks, retirement funds, and other investments.
Americans currently owe an average of $16,000 per household in credit card debt. Or, if you look at it on a national scale that equates to US$1 trillion in debt. This enormous figure represents 20% of the total national debt, a situation which has worsened dramatically since the financial crisis of 2008.
Credit card debt is often the primary cause of bankruptcy cases, overshadowed only by mortgage debt. Secured credit cards can be used to rebuild your credit score, which is especially useful if you’ve just come out of the bankruptcy process.
What is a secured credit card?
These are credit cards with a fixed spending limit which is backed up by a set amount of cash you’ve deposited with your bank. So, if you’re given a secured credit card with a $250 spending limit you’ll be expected to deposit $250 in your bank account. You can never spend more than the $250 limit, which helps eliminate uncontrolled spending habits, and you also can’t use the deposited $250 to repay your credit card spending. Why? Because it protects the lender if you prove yourself incapable of managing your new credit card.
So, how do you actually use a secured credit card to rebuild your FICO score?
Does It Count?
Not every secured credit card company will report back to credit bureaus such as Equifax or Experian. The card you choose must provide these credit bureaus with information on your spending, or you have no hope of improving your credit score. Basically you need to shop around and find a card that suits your purpose, and not just the first company that signs you up.
You might not be familiar with the term “foreclosure complaint” this happens when you’ve fallen into arrears on your mortgage, and your lender is taking their first steps towards repossessing your home.
There are an unfortunate number of myths circulating both online and offline about how to deal with a foreclosure complaint, many of which could result in even more damage to your finances. Let’s take a look at the most common ones.
#1 Just Ignore It
This is probably what got you into financial hot water in the first place, and we can assure you that ignoring a foreclosure complaint is the worst possible way to deal with it. You’re given 35 days to respond to this legal document, but failing that your lender is within their rights to proceed with the foreclosure process.
#2 Representing Yourself
Some people decide that they’ll represent themselves on the day of their foreclosure hearing, play to the judge’s sympathies with a sob story, and then walk away with a reprieve for several months. This is a bad idea because no matter where you live in the United States any court you attend will have heard every sob story imaginable. If you’ve already chosen to ignore the foreclosure complaint, in the hope that you can throw yourself at the mercy of the court, then you’re in for a rude awakening.