Co-Parenting Tips for the Holidays

                Lisa Garbardi, Ph.D, is a mental health specialist that deals with difficulties like co-parenting after a divorce. She wrote an exceptional article comparing co-parenting over the holidays to Charles Dickens story, A Christmas Carol. She speaks about the bitterness that can come with the divorce process, especially through litigation, and how that effects parent’s enjoyment of the holidays.

                Here is a link to the article. If you are going through your first (or twentieth) holiday after a divorce, it is worth the read.

                http://gabardi.com/2014/12/14/a-lesson-from-dickens-for-co-parents-this-holiday-season/

Workers’ Compensation: What am I entitled to?

                A person that gets injured at work is often unaware of the process involved in workers’ compensation cases, and even more unaware of what they are entitled to. In the first instance, the most important thing is getting medical treatment for the injury they sustained. If the injury occurred within the scope of employment, the workers’ compensation insurer is required to pay for all related medical bills. So, if a person hurts themselves badly at work and has to go to the emergency room, then the workers’ compensation insurer will have to pay for it. In order to have them pay in the first instance, the employer and employee complete a first report of injury. This specifies what happened, where it happened, and how it happened. Then the employee gets the insurance information in order to have the medical provider bill the workers’ compensation insurer directly.

                If the injury takes the person out of work, in New Hampshire the person is entitled to what are called “indemnity benefits”. This is a term that really means “wage benefits”. A person gets paid for the time they miss from work, and in NH this means sixty percent (60%) of their average weekly wage. Thus, if the person makes $1,000.00 per week, their workers’ compensation benefit should be $600.00 per week. In Massachusetts, this figure is virtually identical. However, in Massachusetts, if a worker can prove a permanent and total disability, they would be entitled to sixty-six percent (66%) of their average weekly wage.

                A person may also be entitled to a permanent impairment award. This is only in cases where a person suffers a permanent injury. In NH and MA, the person is entitled to a specific one-time award for this permanent disability. Further, while MA a person may be entitled to scarring and disfigurement awards without the necessity of a permanent injury, a person in NH can only obtain a scarring and disfigurement award if it is part of another permanent disability from the injury.

                Workers’ compensation cases are very complicated, and very often contested. There are usually multiple hearings on any given case, and navigating that process in NH and MA can be very difficult without counsel. The experienced attorneys at Parnell, Michels and McKay can help injured workers navigate this process effectively, and allow them to recover the full amount they are entitled to. If you are in need of legal help from a work related injury, please contact our office to find out what your rights are. 

TIMING OF DIVORCE IN PREPARATION FOR COLLEGE

As couples with teenage children are considering divorce,  one of the things to think about is the timing of the divorce.  We have always considered the timing of divorce as this impacts the parties’ ability to file a joint income tax return.  However, I had never considered how this might impact their children’s ability to get financial aid.  I recently came across a post from Robert Bordett, a Certified Financial Planner and Certified Divorce Financial Analyst in Georgia, in which he shares some information he learned about the timing of divorce and its impact on financial aid. http://www.familyaffaires.com/co-parenting-work-together-divorce/.

A collaborative divorce process allows the family to consider all factors associated with their divorce, including the timing.  As Mr. Bordett explains, the timing of the divorce can be crucial to the child’s ability to get financial aid.  This is because the income that is considered on the FAFSA (Free Application for Federal Student Aid) form is the parent’s income for the year prior to the start of college.  If a couple’s divorce is final in January of 2015 and the child starts college in September of 2015, the information from the joint tax return must be used for the FAFSA form.  If the divorce is final in December of 2014, then the information from the primary residential parent’s tax return can be used instead.  If the primary residential parent is the lower wage earner, this can make a significant difference on the amount of financial aid the child receives.  

This is just one of many reasons that the Collaborative divorce process makes sense.  It provides the necessary information and flexibility to enable parties to consider things like the timing of their divorce. 

PERSONAL INJURY SERIES: HAVING A LIEN ON YOUR SETTLEMENT OR JUDGMENT ON AN INJURY CASE

                When a person gets injured, the last thing they are thinking about is how the various insurances interplay with one another. The first thing that should always be focused on is getting the necessary medical treatment. At our firm, we have a textured knowledge of insurance law and how each policy affects the other and we can unwind the confusing mess that a personal injury claim becomes. This allows our clients to focus on the treatment they are receiving, while we focus on getting the right insurance to pay for our client’s medical bills.

                There are three basic sources for payment of medical bills. The first is obvious, and it the health insurance for our clients. The second is no fault coverage, and not everyone is aware that this provision in your automobile policy covers medical bills from an accident. This takes the form of “medical payments coverage” in New Hampshire, and “personal injury protection (PIP)” in Massachusetts. Our attorneys are very familiar with both types of insurance, and can help utilize these sources to reduce your obligations at the end of the case.

                If your health insurance pays bills, then the health insurer has a right of recovery against our client’s settlement or judgment called a “subrogation” right. Often, the health insurer will send our office a notice requesting a lien on the file. This is due to the fact that a person injured in an accident is not allowed to get a “double recovery”. This would be where health insurance pays a bill, and then the client takes a settlement that includes compensation for those bills but does not pay the health insurer back. This right of subrogation by a health insurer is a contractual right included in the health insurance policy. Accordingly, it almost always must be paid back.

                If a client has Medicare, Medicaid or Tricare (a/k/a “military”) insurance, then each has a statutory right to be paid back from a settlement or judgment our clients secure. This is based on the same “double recovery” principle, except the rules are much stricter and coordination of benefits becomes very important. Medicare, especially, can create significant delays in resolving these subrogation liens, so it is always important to talk to an attorney about your rights in your case.

                There are other forms of liens in Massachusetts, including statutory hospital liens. In all cases, the interplay of the various insurances involved become very important to coordinate. For example, the medical payment coverage referenced above does not include any subrogation rights. This means that if your medical payment portion of your policy pays a bill, then they cannot recover that payment from the settlement or judgment. Thus, it becomes very important to find an attorney with a detailed knowledge of the insurance rules and how liens on injury files work.

                Personal injury cases are complex and require the assistance of experienced attorneys to help you navigate the various pitfalls and maximize the value of your case. If you were injured and need assistance, contact our office today and put our decades of experience to use.

Revocable Trust v. Will: What is the best choice for you and your family?

            We often get questions on whether a client should have a will or a trust, and what the benefits of each are. For each client, there are benefits to both types of estate plans.

            Wills are simple and can be much cheaper to complete then trusts. They direct where your property goes when you pass into the great beyond, and they can provide direction to your family when they deal with your passing. However, wills can sometimes be inefficient to deal with the property in a way that you want, and they require the will to be probated in Court. They are also public documents that can be viewable at Court, and for some more private people that can be a problem.

            Revocable trusts provide clients with more options on how to deal with their property. A trust can avoid the problems of probate, and address specific situations like what happens if you become incapacitated. Trusts are private agreements and do not become public records. They can provide a trustee to make decisions if a beneficiary is not properly prepared to receive the property. A trust can be effective for life, and most importantly you can maintain control over your assets during your life. Trusts also can provide protections for situations like divorce or drug abuse, and allow a person to maintain control over their assets during their life. There are some cons to trusts as well, like the cost which is more expensive than wills. Trusts can be time consuming, and may involve other potential costs as part of the trust’s creation.

            There are also ways to essentially combine a will and trust with what is called a “pour over clause” in your will. In this situation, you can create a trust through that provision which effectively funds the trust at the time of your passing. Any such provisions need the careful attention of an estate planning attorney who understands the estate process.

            No matter what you choose for yourself and your family, it is always important to get proper legal advice on which options would benefit you the most. The experienced estate planning attorneys at Parnell, Michels and McKay can help you determine which options are best for you, and prepare an estate plan tailored to your needs. Should you be interested in finding out which options work best for you, contact our office to schedule an appointment. 

YOUR DRIVER’S LICENSE: A PRIVILEGE, NOT A RIGHT

                It is often a concern of clients of ours that are facing violations of New Hampshire’s driving laws that they normally face two hearings after being arrested. The most common forms of these are when a person is arrested for driving while under the influence of alcohol or drugs. There is often concern and confusion about the dual hearings and what they both mean.

                In New Hampshire, when a person is arrested for driving under the influence they face two hearings. The first, if they request it, is called an “Administrative License Suspension Hearing” or “ALS hearing” for short. These hearings are done at an administrative office in Concord at the Bureau of Hearings, which is a part of the New Hampshire Department of Safety. These hearings are often based on someone testing with a blood alcohol level (BAC) of 0.08 or higher, or because a person refused a blood or breath test. The result is a hearing at the Department of Safety where the hearing is held to determine whether the Department can suspend your license for a period of time. This is not a criminal conviction, but an administrative one. The difference is in the standard of proof that must be met.  In an ALS hearing, the burden for the State is much lesser to get the license suspension upheld than it is in the criminal case. In a criminal case, the standard is beyond a reasonable doubt, which the standard most people know in criminal cases.

                The reason that the State can suspend your license under a lesser burden of proof lies in the fact that a driving license is a privilege, and not a right. Thus, the standard of proof for the State is much lesser. Whereas the criminal case can involve jail time and fines, and the deprivation of personal liberty requires a much higher standard like beyond a reasonable doubt. Your freedom to be free is a right you have under the U.S. Constitution, and the State cannot take that away without proving you committed a crime beyond a reasonable doubt. 

                Now this lesser standard of proof at ALS hearings does not necessarily mean that winning an ALS hearing is impossible. The state has to meet a smaller burden, but still needs sufficient facts to meet that burden to sustain the license suspension. There are many issues that are created by arresting officers, and it is important to consult an attorney to find out what rights you may have in your case.

                If you find you need an attorney as you were charged with driving under the influence, contact our office today to find out what you can do to preserve your privileges, and your rights. 

Injury Claims – The Road Map to Getting Back to Normal

The key to understanding injury claims is that claims handling is driven by insurance requirements. The vast majority of injury claims are resolved by settlement.  The parties to the settlement discussions are most commonly the injured party, his/her attorney and an insurance company. It is necessary to know how insurance companies process claims in order to achieve the best possible result. The most important thing to remember is that insurance companies rely heavily on objective information to form a valuation of each claim. This comes in the form of medical and billing records, accident reports, pictures, lost wages documentation, investigative reports and other related records. The more complete your documentation the better your chance of a satisfactory result. Gathering documentation should be your first priority when you suffer from an unfortunate injury.

Here at Parnell, Michels & McKay, we make information gathering a top priority in each injury claim we handle. Our attorneys and investigative team have the knowledge and experience to be able to track down every piece of important documentation on your claim. We understand what insurance companies are looking for, and we exert pressure on insurance companies based on that knowledge in order to obtain the highest settlement for our clients. We have secured millions of dollars in compensation for our clients using this time tested practice, and look forward to helping future injured parties get back on their feet.

If you were injured, read more about our personal injury practice here. As always in injury cases, consultations are free. Contact us today.