Posted On: October 25, 2011

Children and Divorce

Getting a divorce can be emotionally challenging for all parties involved, but it can be especially difficult for children. Children often do not really understand why their parents need to divorce. A recent article in the Huffington Post argues that "parents need to be more mindful of their children’s well-being during a divorce, and that our culture should allow families experiencing divorce more time to adequately 'grieve' the loss of their past life."

Getting a divorce requires proper planning so that your children don't end up feeling ignored. Treating your children poorly during your divorce sounds terrible, but it happens too often due to the fact that over one million children younger than 18 see their parents get divorced. In the Huffington Post article, a therapist offers tips for parents who are looking to ensure the emotional health of their children during and after their divorce. First, the author advises parents to seek counseling for their children, even if it is only one appointment with a therapist. If you are unsure about where to find a counselor, you may ask your divorce lawyer if he or she knows of any helpful post-divorce therapists. Next, parents should explain the divorce to their children, and ensure them that both parents still love them as much as they did when they were married. Additionally, parents should explain that the children can still love both parents, and will never be expected to choose sides.

Parents must take responsibility for their actions and be careful not to convince their children that one parent is superior over the other. Your children should never be used as advocates in your disputes. Children can easily identify negative emotions, so parents should also be aware that they must let go of any hatred of their former spouse. Recovering from your divorce is a long process and its potential positive effects will not occur overnight.

If you or someone you know is considering divorce, it will be beneficial to you if you consult with an experienced divorce attorney in your area. Our Myrtle Beach divorce lawyers are ready to speak with you about your case. Call one of the divorce lawyers in Myrtle Beach to schedule your consultation today.


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Posted On: October 25, 2011

$36 Million Settlement in Wrongful Death Suit

The husband of a woman who died in a Rockford train derailment in 2009 was awarded $22.5 million to settle a wrongful death lawsuit against three railroad companies, officials announced this week. Jose Tellez, 40, was with his wife Zoila and their daughter on June 19, 2009 when a Canadian National Railway Company train with 114 cars including 74 tankers filled with ethanol derailed as it travelled from Freeport to Chicago, according to a press release issued by Corboy and Demetrio, lawyers for the man. That case was settled before trial, officials said.

Zoila Tellez, 44, pf Rockford, was killed as she ran from their car while on fire from the explosions that resulted after the derailment, according to the lawyers. Jose Tellez also was badly burned as he tried to flee for safety. The family was waiting for the train to pass when 18 cars containing two million gallons of ethanol derailed nearby at a washout a few yards west of the intersection and caused the explosion and "massive fire ball" which engulfed the family's car, according to the law suit filed in Cook County Circuit Court.

In addition to the settlement for Jose Tellez, the couple's 19-year-old daughter who was in the car at the time was awarded $13.75 million for injuries she sustained. The woman was about 6 1/2 months pregnant at the time and lost the baby as a result of her injuries. Her case, which was represented by the Joseph Parente Law firm was settled during jury deliberations, officials said.

In the wrongful death suit, filed against the Canadian National Railway Company, plaintiffs alleged that it was negligent in the operation, maintenance and supervision of the train. The suit also claimed the company was negligent in the maintenance and inspection of the railroad track. Along with the Canadian company, the suit also named its subsidiary companies, the Illinois Central Railroad Company and the Chicago, Central & Pacific Railroad Company as defendants.

Applying the law can be complicated, and the best way to be sure you are protecting your rights is to consult with a wrongful death lawyer who is experienced in your state. If you feel that you have a valid claim for the wrongful death of a family member, you should consult with an experienced wrongful death attorney in your area. Hiring a good wrongful death lawyer is very important when tragedy strikes. Call one of the Myrtle Beach wrongful death lawyers at The Mace Firm for a free consultation.

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Posted On: October 13, 2011

Bear Attack Wrongful Death Suit

A 12 year old boy, Sam Ives, was killed by a black bear who entered the family’s campsite that was set up a mile from the Timpooneke Campground in June 2007. His parents filed the civil lawsuit against the State of Utah, the Utah Division of Wildlife Resources and others in 2008, saying they failed to warn people of a dangerous bear in the area, which had attacked other campers. The Judge ruled on the side of the state, which argued that the case should be dismissed because there is "no specific duty owed to the plaintiffs, and further, even if there were a duty, the state is immunized from suit under the 'natural condition' exception in the Governmental Immunity Act." The Judge's written decision states, "This court also concludes that a bear is a natural condition on the land and thus even assuming the state has duty, the state is immunized from suit."

Earlier this year, a federal judge awarded the family $1.95 million in damages related to this incident. In his ruling, the judge said the US Forest Service was required to warn the family that a dangerous animal was on the loose in the canyon after reports of a bear had opened coolers and slashed through a tent in the area earlier that day. The family had the potential to be awarded up to $3 million, but the judge found that the Forest Service was only 65% responsible for the boy's death.

This family likely hired an experienced wrongful death lawyer to help them get the settlement they deserve. Wrongful death lawsuits can be brought against a variety of people, such as the driver at fault in an automobile accident, a negligent employer, the manufacturer of a faulty product, or a violent criminal. However, a member of a family cannot be sued by another family member for wrongful death. So if a husband beats his wife to death, he is subject to criminal charges, but the couple’s children cannot sue their father for wrongful death to recover damages for the loss of their mother. Other cases, such as the famous civil lawsuit against OJ Simpson (following the criminal action), the family of the victim can sue if they aren’t related to the defendant. Most wrongful death lawsuits involve some kind of negligence, such as in a driving accident, work accident, bad product, or medical malpractice. These cases are similar to personal injury lawsuits for nonfatal injuries, but the damages are different.

If you or someone you know needs to talk about a wrongful death lawsuit, call one of the Myrtle Beach wrongful death attorneys at The Mace Firm for a free consultation. One of the wrongful death lawyers in Myrtle Beach will help you get the settlement you deserve.

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Posted On: October 6, 2011

Higher Divorce Rates in the South

The results of a Census Bureau study on American marriages were recently released, and the figures may surprise you. The study revealed that divorce is much more common among men and women in the South than people in the Northeast. In Southern states, for every 1,000 people who were married, about 10 men and 11 women had gotten divorced. In the Northeast, the rate drops to about 7. According to Diana Elliott from the Census Bureau, divorce rates are higher in the South because “marriage rates are also higher in the South.” With a more married adults, states in the South will naturally have more total divorces. Elliott adds, "first marriages in the Northeast tend to be delayed and the marriage rates are lower, meaning there are also fewer divorces.

During this study, the Census Bureau also analyzed the financial impact divorce has on families. Although the data they collected had uneven results, it does show that the majority of children living with a parent who divorced in 2009 now live with their mothers. 23 percent of these women receive some type of public assistance, such as food stamps or welfare; only 15 percent of men required similar assistance. The study also suggests that women have less income than men when they are newly divorced. About 17 percent of men who are newly divorced have incomes below $25,000; 25 percent of women fall into that category.

Your financial responsibilities during a divorce include the following:

1. Gather Information
-keep legal fees down
-learn your family finances
-prepare to make financial decisions

2. Negotiate property division
-determine your needs
-determine how you will divide your property
-consider income tax consequenses

3. Manage your debt
-list your unpaid balances
-consider your credit rating

The financial separation that comes along with divorce can be less difficult if you find out what your options are and stay on top of all the accounts that you had with your spouse. Getting a divorce doesn't always cause financial hardship. Many times, divorce provides relief to one or both parties which may outweigh their money woes. Hiring a good family lawyer will help you through your divorce and figure out all your options.

If you or someone you know is considering getting a divorce, you will need to speak with an experienced family attorney. Call one of the Myrtle Beach family lawyers to schedule your consultation. A family lawyer in Myrtle Beach will help you make the best of this difficult process.

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Posted On: October 5, 2011

Taxi Company Pays $1.5 Million

A Gaston County jury ruled that the estate of James Lafayette Taylor Jr. is entitled to $1.5 million after Taylor was hit and killed by a cab that belonged to Gastonia's Metro Cab in 2007. The cab driver, Rodney Charles Garrett, is partially blind and has a club foot. Police say he was walking in the middle lane and wearing dark clothes. He was also carrying a white cane to indicate he was blind. The jury found that Taylor was not negligent in the indicent. The cab, a 1997 Ford, struck Taylor shortly after 5 a.m. on June 15, 2007, as he was walking on South Marietta Street in front of the Gaston County Courthouse. He suffered a head injury when he hit the taxi's windshield, police said at the time. Taylor suffered severe brain injuries when he was hit by the cab. Taylor's head injuries lead to his death eight months after the accident.

Defendant Rodney Charles Garrett was driving for Gastonia’s Metro Cab. The wrongful death suit also named as defendants Subhan Chaudhary, owner of Metro Cab; Shaukat Ali, owner of the taxi Garrett was driving when he hit Taylor; Metro Cab; and SS Metro Enterprises LLC. The suit against the driver, car owner and cab company owner also claimed Ali allowed his car to be used by Metro Cab without a background check or assurance from Chaudhary that drivers were competent.

The police report estimated Garrett was going about 28 mph in the 35-mph zone when he hit Taylor. The cab left 40 feet of tire marks on the street before hitting him. The wrongful death lawyers said he does not believe the police report gives a full account of what happened the morning Taylor was hit by the cab. He added that the civil suit did not accuse the defendants of criminal acts, but of negligence in causing Taylor’s injuries that lead to his death.

If you or someone you know would like to talk about a wrongful death claim, it would be wise to consult with a good wrongful death attorney. Our experienced Myrtle Beach wrongful death lawyers at The Mace Firm are ready to talk to you about your claim and help you get the settlement you deserve. Call today to schedule your free consultation.

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