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Los Angeles Area Law Blog

Know your rights if you suffer from a personal injury

Personal injuries happen in an instant but can result in damage that will last for a lifetime. Serious injuries, like spinal cord injuries, have the potential to cause permanent damage that patients cannot recover from. In some cases, the initial injury is only the start of the damage to the body, with secondary conditions developing as a result of inflammation and complications.

When you suffer an injury, the first thing you should think of is getting help. Some people put off seeking medical care due to the expense or because they think that they are less injured than they actually are. The truth of the matter is that seeking help sooner is better -- since doing so helps your medical team treat inflammation and secondary conditions as they arise. That gives you a better chance of recovery.

What's the purpose of a parenting plan?

Parenting plans are very important when you're going to live apart from your child and have to work together with an ex-spouse to raise your child according to both of your preferences. A parenting plan helps guide you on how to handle various situations involving your child's care so that you both respect each other's own wishes.

A parenting plan is great for parents because it gives them time to sit down together and talk about how they want to raise their child. It may address things such as:

  • Religious upbringing
  • Schooling
  • Medical care and needs
  • Holiday or custody arrangements
  • Time-sharing schedules

Don't let a DUI derail your divorce

A DUI in California has the potential to significantly impact your future. If you're going through a divorce and have children, your reputation as a good parent could come under fire. If you had children in your vehicle at the time, you may significantly hurt your case for custody.

Even if you don't have your children with you at the time of a DUI, it shows that you didn't follow the laws and that you made a fairly major mistake that put your life and others' lives in danger. Additionally, the DUI itself is expensive and could threaten your job, which doesn't look good to the court.

Facing the reality of co-parenting with your ex with dignity

Sometimes, the hardest part of divorce is dealing with your ex afterward. For couples with children, it is almost impossible to secure a total and clean break. Unless one spouse waives their parental rights or has such as problematic history that they don't receive visitation or custody, both spouses will likely be part of the parenting plan for the children.

It can be very difficult to reconcile yourself with the fact that you have to have an ongoing parenting relationship with your former spouse. However, it benefits you and your children to approach this unsavory fact of divorce with dignity and patience.

Suing for emotional distress is possible with an attorney's help

While many people don't believe it's possible, you can actually sue for another person hurting your emotional state. Through civil litigation, it's possible to seek compensation for the intentional infliction of emotional distress (IIED.)

It isn't always simple to prove IIED, so you'll need to work with someone familiar with suing for emotional distress. Some of the things that you and your attorney will need to prove include that:

  • The defendant was acting recklessly or intentionally to cause the distress
  • The conduct was outrageous or extreme
  • The act was the reason for your emotional distress
  • You suffer from severe emotional distress as a result of the actions of the defendant

Deep lacerations can have a lasting impact

Usually, when you hear about someone getting cut, you don't think much of it. However, crash-related lacerations can be significant. Deep wounds and puncture wounds have a higher potential of becoming infected. They also pose the threat of impacting organs, muscles, bones and other tissues in the body.

After a crash, those who have significant wounds will likely be transported to the hospital for the bleeding. After that, they must be assessed to determine the risk of infection. Some people will be able to take antibiotics for a period of time to reduce the risk of an infection. Others will require surgery to clean out the wound and then be placed on antibiotics to prevent the surgical site from becoming infected.

A California DUI can cause a life-changing conviction

Getting arrested for a DUI is a big deal, no matter where you are. California is particularly harsh on drunk or impaired drivers, though. It has some of the most stringent impaired driving laws in the entire United States.

In California, a first-offense DUI could lead to close to $2,000 in fines and the loss of a license. It can lead to jail time and force those convicted to enter into three-month alcohol education programs.

Caring for a child with ongoing medical needs after divorce

If you're divorcing and you have a child with a medical condition that requires regular treatment, therapy and/or medication, it's essential for you and your co-parent to work to ensure that your child's care doesn't suffer as you share custody.

Of course, ensuring that your child's health insurance coverage continues uninterrupted is crucial. You and your co-parent need to work out which one of you will carry your child on your insurance plan. If you both have employer-sponsored health insurance, you may opt to both include your child on your plans for optimal coverage.

Introducing children to new partners after divorce

You and your spouse agreed that a divorce was the right solution to your marital problems, but there was another issue to deal with — your children. You both want to be an active part of their lives, and they, being old enough to grasp what's happening, even agree that this is the right thing to do. While this might seem like the best possible outcome, you know that the future isn't going to be pleasant all the time.

One thing you and your current spouse can't agree on is if or when the children should be exposed to new partners after your divorce. You would like it if they could meet people you're seeing after you're in a committed relationship. Your spouse thinks you should wait to introduce anyone new until the children are older and less likely to be influenced by the revelation that their mom or dad has a new partner. Unless you move in together, there's no reason, in their opinion, to shake up the children's lives.

What is constructive discharge?

You weren't fired, but your boss or others at work made your life so miserable that you felt you had no choice but to quit your job. Can you take legal action against your employer since technically you voluntarily left? You may be able to if you can show that what happened to you was "constructive discharge."

What is that? Some 25 years ago, in a suit brought against Anheuser-Busch, the California Supreme Court determined that constructive discharge "occurs when the employer's conduct effectively forces an employee to resign" due to intolerable conditions.

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Mohajer Law Firm, APC

Mohajer Law Firm, APC
33 E. Huntington Dr.
Suite A
Arcadia, CA 91006

Phone: 626-999-3785
Fax: 844-569-5252
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