Restovich Braun & AssociatesRochester Personal Injury Attorneys | Commercial Real Estate Litigation2024-02-26T22:22:08Zhttps://www.restovichlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401470/2020/11/cropped-RestovichBraun-siteicon-512px-32x32.pngOn Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=498352024-02-10T20:22:58Z2024-02-15T20:20:45ZKeep detailed medical records
Keep meticulous records of all medical consultations, treatments and prescriptions related to the accident. Include dates, names of healthcare providers and descriptions of procedures. This documentation serves as evidence of the extent of your physical injuries and the medical care received.
Write pain journals
Maintain a pain journal to track the physical and emotional effects of your injuries over time. Note the intensity and duration of pain, any limitations in mobility and how the injuries impact your daily activities and quality of life. This journal provides valuable insight into the ongoing effects of the accident on your well-being.
Get witness statements
Obtain statements from any witnesses to the accident, detailing what they observed and any injuries they saw. Witness testimony can back up your account of the incident and the resulting injuries, strengthening your case.
Document financial losses
Keep records of any financial losses incurred as a result of the accident and injuries. This includes medical expenses, lost wages due to missed work and any additional costs related to rehabilitation or assistance needed during recovery. These documents demonstrate the financial impact of the accident on your life.
Be consistent and accurate
Ensure all documentation is consistent and accurate. Any discrepancies or inaccuracies may undermine the credibility of your claim. Review all records carefully for errors and provide updates to maintain accuracy for future reference.
Even though you may feel overwhelmed and confused in the weeks or days after an accident, effective documentation is important to have. By following these steps and maintaining thorough records, you can help build up your case for compensation or assistance in the aftermath of an accident.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=497442023-12-20T17:07:55Z2023-12-22T17:07:04ZShort-term marriages
The median household income in Minnesota is $84,313, which can drop after a divorce. In short-term marriages, typically those lasting less than five years, significant spousal maintenance is less common. This is because both parties have gone through a relatively brief period of financial interdependence. In such cases, the court may prioritize each individual's ability to independently support themselves after the divorce.
Moderate-term marriages
For marriages lasting between five and 20 years, the courts face a more complex scenario. In these moderate-term marriages, the court aims to strike a balance between financial interdependence and self-sufficiency. Spousal maintenance in these cases may be more transitional. The goal would be to assist the lower-earning spouse in adjusting to a post-divorce financial reality.
Long-term marriages
Long-term marriages are those lasting more than 20 years. The court often places a higher emphasis on the financial contributions and sacrifices of both spouses. In such cases, spousal maintenance may be more likely, especially if there is a significant disparity in the earning capacities of the spouses. The goal is to ensure a fair standard of living for both parties, acknowledging the lengthy period of financial interdependence.
Exceptional circumstances
While the length of the marriage is a primary consideration, the courts in Minnesota also recognize that each case is unique. In exceptional circumstances, such as when one spouse faces significant challenges in achieving financial independence, the court may deviate from the norm and award spousal maintenance accordingly.
The duration of the marriage in Minnesota holds substantial weight in determining spousal maintenance. It reflects the court's commitment to fairness, taking into account the financial interdependence that develops over time while promoting the self-sufficiency of both parties after a divorce.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=497422023-12-20T17:05:41Z2023-12-20T17:05:41ZKnowledge and experience
Teens are eager to be independent, and getting a driver's license is a big part of that. However, because they are new to driving, they face challenges that many other drivers do not have to worry about as much.
New drivers can make mistakes, not realize how risky a situation is and struggle to make quick decisions. This lack of experience makes them more likely to be in accidents, especially when distractions come into play.
Variety of distractions
Distracted driving is a big problem today. People love phones and gadgets, but they can be risky on the road. Smartphones, in-car entertainment and social media notifications make it hard for drivers to focus. For teens who are still learning to drive, these distractions can be even more dangerous.
Texting and driving
One of the riskiest distractions is texting while driving. When a person sends or reads a text, they need to look at their phone, use their hands and think about what they are doing all at the same time, which makes accidents much more likely. Teens, 84% of whom have their own phones as of 2019, find it tough to resist the urge to check them and type out a text while driving.
Education
To deal with teen drivers and distracted driving, further education is important. Driver education programs should teach about distractions and give practical tips on staying focused. Parents play a big role as well. Talking openly, setting clear rules and being good examples can help teens develop safe driving habits.
The mix of teen drivers and distractions is risky for everyone on the road. Individuals need to focus on education and ways to prevent distractions to make sure new drivers stay safe. If they do not face this problem, younger drivers could be the cause of serious accidents.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=497402023-11-15T20:18:09Z2023-11-15T20:18:09ZLimited visibility
One of the primary challenges motorcyclists contend with is their reduced visibility compared to larger vehicles. Motorcycles possess a smaller profile and may easily slip into blind spots, rendering them momentarily invisible to car drivers. The failure of car drivers to recognize a motorcycle near them often leads to abrupt lane changes or turns, endangering the motorcyclist in the path of an oblivious driver.
Size disparity
The size discrepancy between motorcycles and cars exacerbates the potential for severe injuries. In collisions between the two, motorcyclists are at a distinct disadvantage, no matter the type of bike they ride.
The lack of protective barriers, such as the chassis of a car, exposes riders to direct impact forces. Even at moderate speeds, such collisions can result in serious injuries for motorcyclists, who lack the protective cocoon that car occupants enjoy.
Road surface hazards
Motorcycles are more susceptible to the influence of road surface conditions. Gravel, potholes or wet surfaces that might be inconsequential to a car can prove treacherous for a motorcyclist. A minor road imperfection that a car absorbs easily can result in loss of control for a motorcycle, leading to a potential accident.
Car driver negligence and inattention
In many cases, accidents involving motorcycles and cars stem from the negligence or inattention of car drivers. Failure to check blind spots, distracted driving and disregard for traffic rules can all contribute to collisions with motorcyclists. The consequences of such lapses are often severe, as the smaller, more exposed nature of motorcycles magnifies the impact of any collision.
Heightened awareness, adherence to traffic rules and mutual respect between motorcyclists and car drivers are necessary elements in mitigating the risks that motorcyclists face.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=497242023-10-21T19:06:06Z2023-10-21T19:06:06ZCommunication is key
Open and honest communication between both parents is the foundation for successful holiday custody arrangements. It should being with a calm and respectful conversation to determine what each parent's priorities are for holiday time with the children.
Consider the children's needs
Parents should always put their children's needs and interests first. Their age, school schedule and personal preferences should all be considerations. The goal is to create an environment where the children can enjoy the holidays and feel secure.
Be flexible
Flexibility is essential, especially when planning for holidays that may have sentimental significance for both parents. If one parent has a particular attachment to a holiday, the other may consider allowing them to have more time during that period, and negotiate for extra time during other holidays.
Create a detailed schedule
To avoid misunderstandings and disputes, parents should create a detailed schedule outlining who will have custody during each holiday. Include the start and end times, as well as the location of the exchange. Having a clear plan in writing can help both parents stay organized.
Rotate holidays
One approach that works for many families is to rotate holidays each year. For example, if one parent has the children for Thanksgiving this year, the other parent will have them next year. This rotation helps to ensure that both parents have the opportunity to celebrate holidays with their children.
Shared holidays
Some families find success in sharing holidays, especially when the parents live close to each other. In this arrangement, both parents spend part of the holiday with the children. This approach can be especially beneficial when the children have strong bonds with both parents and wish to celebrate with both.
Regardless of the eventual plans, parents should try to maintain some family traditions. If there are specific holiday customs or activities that the children enjoy, parents should do their best to continue these traditions in both households. This creates a sense of continuity and stability for the children that can make the situation easier for everyone.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=497222023-09-18T20:38:08Z2023-09-18T20:38:08ZSpeeding
Large trucks have a higher center of gravity compared to smaller vehicles. This makes it more likely for them to tip over when they take corners or make sudden maneuvers at high speeds.
Improper loading
Improperly loaded cargo can shift during transit, affecting the truck's balance and stability. This imbalance can lead to rollovers, especially when the cargo is not secured properly or exceeds weight limits.
Fatigue
Fatigue is a major concern for truck drivers. Long hours on the road without enough rest can impair a driver's judgment and reaction time, increasing the likelihood of a rollover. Federal regulations mandate rest breaks and maximum driving hours to combat driver fatigue, but it falls on the driver to adhere to the rules.
Adverse weather conditions
Inclement weather, such as rain, snow or ice, can create hazardous road conditions. Large trucks are less stable on slippery surfaces, making them more prone to rollovers. Truck drivers must adjust their driving to overcome poor weather conditions.
Inadequate maintenance
Neglected maintenance can result in mechanical failures that lead to rollover accidents. Regular inspections and maintenance of tires, brakes and suspension systems are essential in preventing rollovers and other catastrophic accidents.
The National Safety Council reports the involvement of 5,700 large trucks in fatal crashes in 2021. Among the many possible crash scenarios involving large trucks, rollover accidents are especially deadly.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=496572023-08-24T19:21:17Z2023-08-24T19:21:17ZFines and restitution
The financial ramifications of a federal computer crime conviction can be significant. Fines associated with these crimes can cost those convicted thousands of dollars. Restitution varies depending on the nature of the crime and the costs the victims incurred but can be thousands of dollars beyond the cost of the fines. These costs can create financial hardship and threaten your long-term financial stability and future prospects.
Probation
Probation is a supervised alternative to jail time, but it comes with strict guidelines and expectations. Failure to adhere to the terms of probation can lead to time in jail.
Imprisonment
Many federal computer crime convictions result in jail sentences ranging from a few months to several years depending on the details of the offense. Incarceration can complicate your life after release because it is harder to get a job and find a place to live following prison release.
Long-term complications
In addition to the immediate legal results of a federal computer crime conviction, you might face long-term consequences. Your criminal record becomes a factor in every job or rental application that you fill out. The reputational harm in your industry can disrupt your professional and personal connections and future prospects as well.
According to the Internet Crime Complaint Center, there were more than 800,000 complaints of computer crimes affecting businesses and individuals in 2022. The more you understand about the consequences of a federal computer crime conviction, the easier it is to appreciate the importance of fighting the charges.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=496402023-08-01T01:15:40Z2023-08-01T01:15:40ZContact the insurance companies
First things first, call the at-fault party's insurance company to report the car accident. Do not mention fault. Just give them the facts that prove that their client was at fault. That professionalism gives you more credibility.
Then, call your insurance agent. That is especially important because your policy covers the first 20,000 dollars of your medical expenses, no matter who is at fault and it protects you in case the other driver's insurance was invalid when the crash occurred.
Start your legal claim
If the at-fault driver's auto insurance denies your claim, they will tell you to seek coverage from your provider. However, it is illegal for them to deny the claim without investigating the facts properly. In this case, you can file a claim with your insurance, which will fight the other company.
The other option is to start a legal claim against the at-fault driver's insurance company. This will involve navigating the murky world of laws surrounding insurance. Plus, it will probably mean losing a percentage of your settlement due to assistance you might have to hire.
Should you need the no-fault coverage offered by your insurance company, deal with them just like the other driver's provider. Give them the facts and any documentation they need. If they try to tell you that this portion of your contract is non-binding, you need to take legal action against them.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=495942023-11-10T01:08:44Z2023-06-27T02:34:23ZFederal crimes
Federal crimes fall under the jurisdiction of the federal court system, which the United States Constitution has established. Federal courts have the authority to hear cases involving violations of federal laws, such as crimes that occur on federal property, crimes that involve crossing state lines or crimes that involve federal agencies like the Federal Bureau of Investigation or the Drug Enforcement Administration.
State crimes
State crimes are under the jurisdiction of individual state courts. State courts deal with cases involving violations of state laws, such as crimes that occur within the state's boundaries and crimes that are not within the jurisdiction of federal courts. The penalties for state crimes are generally less severe than those for federal crimes.
Dual sovereignty
Dual sovereignty is when both federal and state governments have the power to prosecute an individual for the same act. In these cases, the defendant can face separate charges and potentially different penalties in both federal and state courts.
Decoding the differences between federal and state crimes is crucial for anyone navigating criminal law. With the right knowledge, people can make better decisions when handling any legal issue.]]>On Behalf of Restovich Braun & Associateshttps://www.restovichlaw.com/?p=495452023-05-17T14:37:04Z2023-05-17T14:37:04ZWhere to look for motorcyclists
Most motorcycle accidents occur at intersections and on freeways. Low visibility and inattentive drivers can result in severe, even deadly accidents. Places to look for motorcycles on the road include:
Making a left turn across an intersection
Riding in a parallel lane
In front of you at a red light or stop sign
Before you change lanes, check all your mirrors. Motorcycles can easily hide in blind spots. For that reason, sideswipes and collisions at left-hand turns are the most common types of motorcycle accidents.
What to do if you get in an accident with a motorcyclist
In the aftermath of a motorcycle accident, the first step is to check everyone for injuries and contact first responders. Then report the accident to the police. If you suffered an injury, even a minor one, seek medical attention immediately to ensure you have a record of your injuries. Report all injuries and symptoms to the doctor.
Minnesota is a no-fault auto insurance state, meaning your own car insurance pays for certain losses following an accident. If you are at fault for a crash with a motorcycle, you may be responsible for the damages.
As always, remaining alert and abiding by traffic laws is the best way to stay safe on the road.]]>