Pritzke & Davis, LLPPritzke & Davis, LLP2024-02-20T07:26:34Zhttps://www.pritzkeanddavis.com/feed/atom/WordPress/wp-content/uploads/sites/1602819/2021/08/cropped-PritzkeDavis_SITEICON_512x512_AUG21-32x32.jpgOn Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=473812024-02-07T20:36:50Z2024-02-07T20:36:50ZEquitable distribution
Indiana is an equitable distribution state, meaning that marital assets do not necessarily undergo a 50/50 split during a divorce. Instead, the court evaluates all assets and aims to divide them fairly, even if not necessarily equally. Indiana divorce law specifies that marital debts are also part of the consideration during division and will be subject to equitable distribution.
Considering the benefits of education
If your spouse acquired their student debt prior to marriage, then the court will likely exclude it from any marital debts. However, your spouse might attempt to assert that you benefitted significantly from their education. If they can prove that their education somehow played a part in increasing your career prospects, for example, the court may be willing to consider the student debt during equitable distribution.
Steps to protect yourself
To protect yourself from potential liability for your spouse's student debt, you can take steps to establish your financial independence. Keep separate bank accounts, avoid co-signing loans and be cautious about taking on joint debts. Additionally, consider addressing the issue of student loans in a prenuptial or postnuptial agreement to establish clear guidelines for debt division.
The responsibility for a spouse's student debt after divorce ultimately depends on various factors the nature of the debt and any existing legal agreements. Remain aware of these factors and take proactive steps to protect your financial interests during the divorce process.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=473302023-11-11T04:17:57Z2023-11-11T04:17:57ZNeurological complications
CRPS is a neurological disorder that tends to affect a single limb after an injury or surgery. Symptoms include severe pain, skin discoloration, swelling and decreased mobility. The condition stems from abnormal responses in the nervous system, possibly due to inflammatory or immune factors. About 200,000 Americans face CRPS each year. Because there is no definitive test, diagnosis relies on evaluating symptoms and medical history.
Impact on workers
For workers, CRPS can hinder their daily tasks and responsibilities. The pain and limited mobility can make routine job duties difficult, if not impossible. This situation not only affects the worker's physical health but also their job security and financial stability. Treatment plans might include therapy, medication and lifestyle adjustments. Workers' compensation can help with the costs of these critical interventions.
Treatment and management
Treatment of CRPS includes a range of strategies. Physical and occupational therapy can help maintain mobility and function. Medications and alternative pain management therapies often alleviate pain symptoms. It is important for individuals with CRPS to receive psychosocial support, as the stress of managing a chronic pain condition can impact mental health. Although CRPS is a neurological condition, not a mental illness, it may contribute to symptoms of depression and anxiety.
CRPS is a serious health condition that can disrupt an injured worker's life and livelihood. Recognizing the symptoms and seeking appropriate treatment can help employees living with CRPS.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=473132023-08-21T21:07:35Z2023-08-21T21:07:35ZTake a few minutes
After an accident, your adrenaline is high and you may not have the ability to focus and determine what you need to do. Therefore, take a few minutes. Take some deep breaths with your eyes closed. Feel your body and calm your mind. You should also find your phone and documents.
Protect yourself and your passengers
Next, turn on your hazard lights. Check yourself and your passengers for injuries. Then, take photos of the accident scene from the inside of the vehicle. Then, try to move out of traffic. Move off to the side of the road.
Contact the police
Call 911 and let the dispatcher know about the accident, its location and whether you have any injuries. While you wait for the police, get the names and contact information of witnesses and any other drivers involved in the wreck. Also, get the driver’s insurance, license plate and vehicle information. However, do not make conversation with other drivers or witnesses.
Get medical attention
After you give the police a statement, get some medical attention. Your adrenaline may hide your injuries, so you should get checked out by medical professionals.
Knowing what to do after an accident can help make a chaotic, scary time much easier to handle.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=473122024-02-20T07:26:15Z2023-05-12T04:17:49ZThey can appoint a guardian for their children
Few things will be as disruptive to a child's future as the sudden loss of a parent. The responsibilities typically fulfilled by a parent will then fall to someone else. Those who do not plan ahead may leave their children at the mercy of the state foster care system. Parents often spend quite some time considering the people that they are closest to in order to select the right candidate to serve as a guardian for their children if anything should happen to them.
They can provide financial support
Life insurance technically isn't part of the estate plan itself, as it is an outside form of insurance coverage governed by policy documents and not estate planning paperwork. Still, life insurance is one of several ways that a testator can arrange to leave adequate support for a spouse or minor children that depend on them. Additionally, a testator can leave very clear instructions about the distribution of their property after they die to ensure that the people they love have the financial resources necessary for their comfort when adjusting to the loss of someone's household contributions and income.
They can reduce the pressure on their families
Proper estate planning addresses someone's declining health and the possibility of future incapacitation in addition to the distribution of their assets and the care of their children when they die. Living documents including powers of attorney and advance healthcare directives can take a lot of the uncertainty out of making medical decisions for a loved one when they cannot speak for themselves. Those who name an agent to handle their healthcare matters and clearly explain their preferences will empower their loved ones to make the right choices and to feel confident about how they handle an emergency.
Taking the time to put together a comprehensive estate plan can allow people to protect the comfort and peace of mind of their closest loved ones even when they are not available to provide direct support due to death or incapacity.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=473112023-02-17T15:55:56Z2023-02-17T15:55:56Z1. Unexpected costs and liability
Trying to combine two businesses can often be a very expensive process, even when the companies involved have a specific plan in place and intend to control costs whenever possible.
If the other business involved in the merger has recently manufactured multiple batches of defective products or allowed sexual harassment to occur without properly addressing it, for example, the combined organization may have to face liability for those issues. The careful performance of due diligence before a merger can help an organization identify liability risks and better estimate costs accordingly.
2. The loss of key staff members
Workers tend to fear for their futures whenever the organizations that employ them change dramatically. Some employees may worry that their positions will soon become redundant and that they could lose their jobs in a large-scale layoff. Workers are often in a disadvantaged position during layoffs because there is suddenly a glut of skilled workers on the market. Workers worried about such a future may plan their own strategic exit after hearing about the merger to avoid losing their career momentum.
3. A clash of corporate cultures
The bigger and older a company is, the more likely it is to have a very distinct culture. Workers who have come to understand and trust that culture may be very resistant to change.
Especially when companies decide to combine previously separate workforces or to change policies throughout the organization after a merger, workers may have a hard time adjusting. Management and Human Resources teams can expect an uptick in conflicts and should prepare accordingly.
Businesses that approach mergers and other large transactions with a measured approach are often better able to profit from such transactions. Having the right support can make it easier to effectively address major issues that your organization may face in an upcoming business transaction.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=472962023-01-13T06:38:30Z2022-11-07T21:26:31Zlowest legal standard the authorities have to meet in order to take action.
That means if a police officer is looking for drunk drivers, they don’t need much justification to pull you over. If you take a right turn a little too wide or don’t quite come to a full stop at a stop sign, that’s more than enough. Once an officer begins a traffic stop, they can start looking to see if you’re operating while intoxicated (OWI).
So, how do you keep a traffic stop from escalating into something more? Well, it helps to know the difference between “reasonable suspicion” and “probable cause.”
A reasonable suspicion gets you pulled over, but they need probable cause for more
To go beyond the traffic stop and arrest you for drunk driving, an officer needs to have probable cause to believe that you’re drunk. This is a much higher burden of proof than the reasonable suspicion they needed for the traffic stop.
While reasonable suspicion is little more than an inkling or inclination, probable cause means that the officer has some kind of evidence that backs up the arrest. To protect yourself, you need to keep in mind that you don’t want to do anything to give the officer probable cause to believe you’re impaired.
This means you should:
Be patient, polite and attentive so that you cannot be described as belligerent or “spaced out” by the officer or appear to be that way on body cam footage
Decline to answer any questions unrelated to the traffic stop, including questions about where you have been or where you are going (which may be “fishing” attempts to draw out information that you’ve been somewhere alcohol is served)
Decline to participate in standardized field sobriety tests, such as the walk-and-turn or one-legged stand tests, since these are very subjective and hard to pass
If all goes well, your traffic stop will end with nothing more than a ticket. If you are charged with drunk driving, however, you should take immediate steps to protect your legal interests. You may have more defenses available than you realize.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=472932023-01-13T06:38:32Z2022-08-10T16:52:13ZBe realistic about your financial capabilities
One of the most important ways that you can protect yourself is to be honest about how much you can afford with interest rates rising. Obtaining the biggest possible mortgage that you can qualify for may mean that you have very little wiggle room in your budget. Completely emptying your savings to afford a down payment could mean that you won't have the necessary resources when the roof goes out your first spring in the new home.
Especially if you cannot guarantee that refinancing the house or selling it will fully recoup what you have invested in it, you need to protect yourself against financially overextending yourself with how much home you buy or the price that you offer.
Put limitations on the offers that you make
If you cancel the closing, your earnest money is at risk. Including contingencies in your offer will be crucial, especially if there is a market adjustment between when you make an offer and when you go to the closing table.
A financing contingency will protect your earnest money if your lender will not underwrite the mortgage because of how soft the market has become. An appraisal contingency will protect you from losing your funds if a thorough review of the property does not support the price offered for it.
A home sale contingency will allow you to back out of the transaction if you cannot sell your property for the necessary price to afford the new property. Inspection contingencies can also protect you from a situation where the seller did not accurately describe the property and you discover massive defects after they accept your offer.
When you include contingencies in your offer, you may make it slightly less attractive to the seller, but you help protect yourself and your funds in the event that you cannot follow through with the purchase after the seller accepts your offer. You may also need to honestly consider the situation and evaluate whether or not you may need to wait to complete the purchase.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=472762023-01-13T06:36:31Z2022-05-24T14:03:05Zcaring.com, only one-third of Americans have established a living trust or will.
Do not make the same mistake. An estate plan protects your family and gives you peace of mind. Continue reading to learn why estate plans are essential, no matter how many assets you have.
Prevent conflict in your family
Estate plans take the stress of making hard decisions away from your family. The grief they feel at your loss is hard enough to deal with. You do not want to introduce additional conflicts into the aftermath of your death. Also, if you have children, it is your responsibility to ensure they have an assigned guardian in the event of your passing. If you neglect to designate a guardian, the courts step in and decide. This costs money, takes time and puts your children in an undesirable situation.
Save your family money
Indiana requires estates to go through probate if they have more than $50,000 in assets. A living trust helps save your family money by avoiding probate.
Put a decision-maker in place
Everyone should consider naming a power of attorney. If you become incapacitated, choosing someone you trust to make crucial decisions will protect your estate and family. There are several types of power of attorneys, so you should consult with a lawyer to decide on an arrangement that works best for you.
A carefully constructed estate plan protects your family from unnecessary legal difficulties. Start working on your plan today because you never know when the unthinkable will happen.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=472412023-01-13T06:34:53Z2022-02-15T20:30:38ZExtreme headaches
Blows to the head often result in headaches or even migraines. Sometimes, they point to the presence of a concussion. These can lead to memory issues, vertigo, and mood swings if they do not get treatment. Another possibility is a skull fracture or neck break. A CT or MRI scan may be necessary to diagnose what is going on.
Excruciating back pain
This symptom is common in those who endure a vehicular collision. Such pain could be a sign of torn muscles or ligaments. Vertebrae with damage are nothing to take lightly. Worsening of this condition could result in paralysis of varying severity. Individuals facing lesser mobility should consider launching a personal injury lawsuit.
Persistent numbness
Whiplash happens when someone experiences a sudden jolt. Damage to the neck or spine can cause one to lose feeling in arms or hands. This disturbing lack of sensation makes motor functions more difficult. The problem sometimes leaves in a few weeks. In other cases, it takes months or years to disappear.
Physical harm may not be plain the moment after an accident. Crash victims must stay alert for signs of a medical issue that deserves treatment.]]>On Behalf of Pritzke & Davis, LLPhttps://www.pritzkeanddavis.com/?p=472402023-01-13T06:34:02Z2021-11-15T17:45:20ZDividing up finances during divorce is a topic that may cause strife even between couples who agree that they can no longer remain married. It may help to understand how an Indiana judge may handle the division of all things money-related.
Equitable division basics
Indiana law subscribes to the division of property in an equitable fashion. If forced to rule, the court chooses a fair way to separate assets, including property. A judge may look at the complete marital picture, including:
The money each spouse makes and what he or she may earn in the future
The domestic arrangement, i.e., one spouse stayed home to raise children
Each spouse's emotional contribution to the marriage and its demise
The sole and separate property each spouse has
Debt division
Once the court arrives at an equitable split, it applies it to both marital assets and debts. If held prior to the marriage, bills such as student loan debts remain with the spouse obligated to pay them. If the loans become consolidated during the marriage, however, they may split as marital debt does.
Armed with a better understanding of how the court may divide finances during divorce, it may prove beneficial for spouses to reach an agreement rather than allowing the judge to decide. Compromise is the only way to ensure that a couple remains in control of their divorce and takes it out of a third party's hands.]]>