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Praise of the Prenup

Posted by on Nov 16, 2017 in Divorce Law, Prenuptial Agreements | 0 comments

It’s perhaps the least attractive quality of the modern marriage. People say their vows and pledge to love each other for their entire lives, but before that, they sign a document protecting their assets from what seems like the inevitable divorce.

After all, if the people really loved each other, would it even cross their minds to sign something that made crystal clear just what they would keep when their relationship broke up?

It can seem like a rather ugly and conflicting thing with the beauty of a new marriage, but the prenuptial agreement serves an important purpose, and it deserves a little more respect.

Think about it this way. Let’s say you own a business. You love this business. It’s the business you always wanted to build, you built it on your own, and it’s one of the most important things in your life. Not only that, you have employees you are responsible for, perhaps investors as well. Lots of people rely on you.

Then you meet someone, you fall in love. You want to share your life with them. All of that can be true. You can plan to spend your whole life with them, but hopefully, you have a friend who has your ear who reminds you: if this doesn’t work out, what happens to your business?

Life is complicated, we all know that marriages have a pretty high failure rate, and while we all enter them thinking we won’t be part of the negative statistics, about 50% of us are wrong.

Is it so unreasonable that you, a successful business owner with responsibilities to others and a love for your business, would want to make sure it’s clear that no matter what happens, that business is yours alone?

After all, what does your new spouse know about the business? If things got ugly, and your spouse demanded half of the business, what would happen to it? Could you run it together or would this dream business fall apart?

It’s easy to see in that example why some people go in for prenups even when they are convinced their marriage will last forever.

It’s even easier to understand that, according to the Law Offices of Baden V. Mansfield, sometimes prenups cover child custody. Imagine going into a new marriage when you already have kids. Don’t you want to make sure even the bitterest divorce won’t see you losing some of your custody rights?

Love and marriage are wonderful parts of our lives, and we want them to last forever. But we also know divorces can get nasty and people can get vengeful. It’s perfectly reasonable for those who have something that is truly worth protecting to ensure nothing can happen to those particular things.

We all go into marriage in this world with our eyes open. We all see the stories of celebrity divorces. We all know people who have been divorced. None of us are naive about our chances. So why do we judge people for being practical in the face of the modern marriage instead of approving of their solid judgment?

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So I’m getting braces

Posted by on Oct 20, 2017 in Dental Care | 0 comments

I think the prospect of adult braces is the reason I’ve kept going with my horrible teeth for so long. My teeth are all out of sorts. I have an underbite, I have eye teeth behind my front teeth—the whole shebang. My bottom set is all over the place. They’ve screwed up my smile my entire adult life, but the idea of being laughed at for being “that guy” in the office who went out and got braces was just too humiliating.

You see, I grew up poor, and my parents didn’t have the money to give me braces when everyone else had them. I do have the money now, and I have had for some time, thanks to some savings on my parents’ part, some hard work, and some luck, but I just haven’t had the courage to go through with it.

Which is why I am super happy about Invisalign. I found out about this from a rare trip to the dentist (another thing I avoid for similar reasons). My dentist actually sat me down and gave me a talk about my teeth. I guess teeth as messed up as mine are a health risk. Bacteria gets trapped, and that causes all sorts of nasty problems. I’ve had far more cavities than most people my age, and the reason apparently is my screwed up teeth.

Anyway, the point is, he told me about this Invisalign thing where teeth get adjusted with invisible, or nearly so, braces. No metal. Sure, you can tell really up close something is there, but your mouth isn’t glaring off of every lamp every time you smile.

I’m getting fitted this week, and I have to say, I’m pretty excited. As excited as someone can be for what will likely be a painful and long process. I hear adult braces are much worse because the mouth has already set in place. This is not going to be a fun couple of year, but in the end, I’m going to get a nice set of teeth out of it, healthier teeth, better-looking teeth, and I won’t have to be embarrassed about the process.

I don’t mean for this to sound like an advertisement. I don’t know if Invisalign is right for anybody else. There may be downsides (I’ll try to write more about later if that’s the case), and it may not be as effective. I don’t know anything about it really, but just the prospect is such a relief, I can’t wait to get started.

I really think that in this country, if you don’t have good teeth, you’re almost certain to struggle more in life than those who do. We live so much on smiles. They mean so much to Americans. I think this choice not only is going to help my mouth, but also my career.

But that’s a bit down the line, for now, I have an appointment with the dentist to fix these teeth.

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Long-term Disability in Arizona

Posted by on Sep 4, 2017 in Long-Term Disability | 0 comments

You might be wondering what a long-term disability really is and if you qualify for this benefit in the state of Arizona. Typically, your employer offers you a long-term disability (LTD) coverage as part of your employee benefits package when you are hired. Or you can purchase an individual long-term disability policy on your own. Having this package in place is essential if there ever comes a time when you need to file a claim for LTD.

Any employee who becomes unable to do his/her job duties can become eligible. Most employer-sponsored LTD plans require that you be a full-time employee at the time you become disabled. Then, there is a waiting period. Most LTD policies have an ‘elimination period’ between the time your disability occurs and when you can get benefits. These periods are often 3-6 months and can last the same length of time as any short-term disability policy that you may have. It is important to know that any short-term disability must be utilized before filing for the long-term disability.

Your employer’s HR department can provide a copy of the plan. Any application for LTD needs to be submitted timely, or it could result in a denial of your claim. Generally, it is best to ask your HR department for the policy’s definition of ‘disability.’ If you are unable to perform your job duties due to illness or injury, you can be declared totally disabled. If your policy provides for partial disability, you may be able to qualify for benefits if you can’t work full-time at your own job, but you could work elsewhere performing other job duties.

Though it is important to consider that two of the most important components of your LTD case are your medical records and your physician’s opinion regarding your limitations, be sure that you check with your doctor’s office that your records are correct. Then it is important to ask your physician to write a detailed report of your medical history and the current limitations.

There can also be some exclusions for pre-existing conditions in some LTD policies. The pre-existing condition can be an illness or injury that was diagnosed and/or treated within a certain period (typically 90-180 days) before the LTD coverage began. If you have such a condition, you probably cannot be paid for long-term disability benefits that arise from the pre-existing condition for the first 12 months of your LTD coverage. There can also be some medical conditions that may be excluded. Before you file an LTD claim, check with an Arizona disability attorney to be sure that your specific illness/injury is covered.

If you find out later that your LTD claim is denied, you can get one or two levels of administrative appeals. A disability attorney is highly recommended to work with you to get a more favorable response in the event of a denial of LTD benefits.

In Arizona, residents should consult with a disability attorney to determine if they can collect both LTD and Social Security benefits. If you have been approved for LTD benefits, you may be required to file for Social Security Disability benefits. Further, if you are receiving LTD benefits for an injury that occurred on the job, you may be required to file for Workers’ Compensation.

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How much can you receive for a personal injury lawsuit?

Posted by on Aug 9, 2017 in Personal Injury | 0 comments

When it comes to an accident in which someone receives an injury, the damages they can recover can vary wildly from person to person. A lot of the factors that need to be thought of include how much money you had to pay a hospital or doctor for treating your injury, how much damage was done to your property and what it’ll cost to fix, how much money was lost from time taken off work and future time lost from work (mostly in the case that you were left disabled by the injury and are no longer able to work), and future expenses like therapy.

According to the lawyers at, there are also “non-economic” expenses that can be recovered as well. What this means is that you can recover money from someone if they caused you pain or suffering. This can carry over if you are the family member or the spouse of someone who was injured or killed because of the mistakes someone else made. Some of these include:

  • The loss of consortium. This can be considered a damage if your spouse has become withdrawn because of an accident or suffered memory loss or even has become paralyzed and the couple cannot enjoy the same activities together that they used to.
  • The loss of companionship (this is technically a part of the loss of consortium, but it is worth noting separately) If your spouse died, then this is a recoverable damage. It implies that your marriage offered you significant benefits that have been taken away from you.
  • The loss of relationship with a child. If a child was injured or killed, then this may be a separate damage to collect.

When it comes to the damages that one is collecting from the party responsible for their accident, they come in two forms: Punitive and Compensatory. While both offer compensation to the injured party as a part of their ability to get back on their feet after an accident, the former tends to be partially, if not more about punishing the party responsible. This type of damage is often used in cases where the party is a large corporation: in cases where a product was poorly designed and/or manufactured or in the case of a mass tort (a case where multiple people work with one lawyer to sue a single party for the same thing). Compensatory cases are completely about the victim and how much money they need to recover to not fall into financial problems.

Finally, there is another factor that goes into how much you can receive for compensation and that is who was at fault for how much of the accident. Depending on how much fault someone has for an accident can determine how much they must pay out or receive. A person with 51% of fault cannot seek compensation, even if they were more badly hurt or had more damage. A person with 40% fault can only receive 60% of the damages, and so on.

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Why File A Personal Injury Case?

Posted by on Jul 21, 2017 in Personal Injury | 0 comments

If you or a loved one has suffered a life-changing injury as a result of someone’s negligence, you may be entitled to financial compensation. However, obtaining compensation may involve confronting insurance companies, which are notoriously reluctant to pay for claims. To heighten your chances of presenting a successful case, it would be wise to consult with a personal injury lawyer that has experience with situations such as your own.

Financial compensation

As the lawyers at Amerio Law in California explain, 95% of all personal injury cases end in “settlement”, an agreement between both parties to negotiate a fair compensation price and halt judicial proceedings. Personal injury lawyers can help you negotiate settlements and obtain compensation for the following damages:

  • Medical bills
  • Missed time at work
  • Your injuries
  • Loss of future earnings
  • Pain and suffering
  • Hardship
  • Punitive damages

Practice areas

Of course, the amount of compensation that you obtain depends on both the degree and nature of your injury. Common practice areas for personal injury lawyers include:

  • Bankruptcy
  • Brain injuries
  • Car accidents
  • Construction accidents
  • Dog bites
  • Nursing home abuse
  • Product liability
  • Wrongful death

In addition, many personal injury lawyers cover mass torts—cases in which your claim in one of many similar ones against a common opponent. The Amerio Law Firm, for example, specializes in “dangerous pharmaceuticals” torts– lawsuits in which drug companies have caused harm by prematurely distributing drugs that are unsafe for consumption. Experienced lawyers can help you best position your case for success by compiling legal evidence to support your claim. Given the big money that companies are willing to spend on legal expenses, it’s important to find a lawyer that approaches big claims in an intellectual manner.

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