BLOG

Palacios Law Group Blog

By Blog Post 24 May, 2017
 If someone has passed away due to the fault of another person or entity then the survivors may be able to bring about a wrongful death lawsuit. This seeks compensation for a survivor's loss such as lost wages from the deceased, lost companionship, and funeral expenses. If you are considering suing someone due to this reason, it is important that you have a full understanding of what the wrongful death claim is, who can sue, who can be sued, and what damages can be recovered.
 The right to file a lawsuit for wrongful death is a pretty new concept. Originally in "common law" , the laws brought to the United States by England, this lawsuit was not allowed. It was later on that state and federal courts created this right. Every state in the country now has law in relation to wrongful death.
These fatal accidents can occur due to a simple car accident, medical malpractice, product liability, or from a variety of other reasons. Those who are liable are individuals, companies, or government agencies due to negligence.
 A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the death of this other individual. This representative is usually the executor of the decedent's estate. Those who have someone represent them are immediate family members, life partners, financial dependents, putative spouses, distant family members, all the persons who suffered financially, and the parents of a deceased fetus.
 This will vary from state to state depending on that state's laws on wrongful death claim.
 To better get an understanding of who can be sued in a case like this, Nolo has provides an example. If a car accident involved faulty roadwork and a drunk driver, the wrongful death action may include defendants such as the driver or employer in the accident, the designer of the roadwork, a government agent who did not provide warning signs, the manufacturer, distributor, or installer or faulty or dangerous equipment, the person who solved and served the alcohol, or the owner of the place where the alcohol was sold.
 There are some situations in which the people or agencies involved may be immune from getting sued. The individuals who may be immune vary depending on what state you live in. In certain situations some government agencies or employees may be immune.
 There are 3 different types of damages that may be available to the survivors in the lawsuit. These are economic, non-economic, and punitive.
 Economic damages include the value of the financial contributions the victim would have made to the survivors if he or she did not die. This would be medical or funeral expenses, loss of the victim's expected earnings, loss of benefits, loss of inheritance, and the value of goods and services that this victim would have provided.
 Non-economic damages includes damages to the survivor's mental health due, loss of the care, protection, advice, and guidance of the deceased, and loss of love and companionship.
 Punitive damages are rewarded as a way to punish the defendant for their negligent behavior.
 It's always key to remember that a case like this has a time limit. You really can't wait a long time if you want to have a lawsuit.
 If you are in need of a legal team's advice, Palacios Law Group is always here to help.
Source:
NOLO
By Blog Post 24 May, 2017
 The divorce rate is so high, but many people do not actually think about the cost of divorce or how long the process will take until they are going through the process themselves. Attorney fees can range depending where you live, who you decide to hire, and how much is involved in coming to a resolution. There is no set amount of time or set amount of money that you will spend settling your divorce. It is different for everybody. There are surveys that have gathered averages among people to determine a result on several factors of divorce. These surveys have questioned individuals on how much their divorce attorney charged, how much their divorce cost, issues involved in the court process, whether their spouse contested the case, how long it took to settle, and how satisfied they were with the outcome.
 Although this information does not determine a "set in stone" answer, at least it can provide individuals with useful information.
 Everyone is always wondering if a divorce lawyer is charging too much or too little. Nationwide the typical fee per hour was $250. According to the following graph presented by Nolo, most individuals paid between $150-$350.
 The lawyers are usually involved in the following services for that cost per hour. The lawyers involved in these cases provided full representation. They would handle any issue relating to the case. The lawyer involved would provide limited scope or partial representation. The attorney managed some aspects of these cases. Finally the last service commonly provided by the attorney , they would provide a consultation only.
 Some people paid as low as $50, while some people paid as high as $650.
 This is the cost of just the lawyer's fee alone, by many individuals will wonder how much the total cost of divorce is. This will take in account attorney's fees, court costs, and other costs such as hiring a real estate appraiser, tax advisor, child custody evaluator, or any other expert.
 According to the individuals who took part in the survey, many of them paid around $15,000. The costs of attorney's fees for these individuals was around $12,800. Just because you are paying these fees, does not mean by the end of it all that you will have every issue resolved in court.
 According to survey, the more couples that went to trial, the less satisfied those clients were. Whenever a divorce goes to trial, it comes with a lot more stress and a lot more issues or complications.
 These issues were usually related to child custody, child support, alimony, division of property, division of debts, attorney's fees, breach of a fiduciary duty, or claims for reimbursement. The couples that went to trial reported to spend around $20,000 in costs. A couple that were able to settle the divorce without trial were able to spend between $12,000 and $15,000.
 Usually when going through the process of divorce, couples want to get it over and done with as soon as possible. Usually when you are able to see eye to eye with a spouse, and come to an agreement with ease, the process will go by quicker. According to the survey, to get to the final court settlement, it took around 11 months. For couples that went to trial, it took anywhere between 17.6 months. For some couples it can even take years and years to settle a divorce.
 According to the Nolo survey, couples that let a judge make the decisions lead to more dissatisfaction. This dissatisfaction can also be due to a number of reasons such as the length that it takes to settle the issue.
 If you want your divorce to go as smoothly as possible, you are going to want to hire an experienced family lawyer. Palacios Law Group is always here to help! Call us if you need to schedule a consultation.
Source:
Nolo
By Blog Post 19 May, 2017
 If you have fallen behind on your mortgage payments, chances are that you are at high risk of foreclosure. There are usually ways in which you can prevent this. Check out our previous blog posts on Foreclosure for more information. It is important to become aware that your home may become a target for home equity theft or a foreclosure fraud scam.
 Those who are scamming you always claim that they can solve your debt problem or stop the foreclosure from happening. They will use deceptive tactics to obtain ownership of your home for a fraction of its market value. This will not only leave you homeless, but you will still be the holder of the mortgage that is in foreclosure.
 If you are struggling to make payment, it is important that you contact your lender immediately. This will help prevent any potential problems happening later on. Lenders will usually work out a new payment plan with you.
 If you are facing foreclosure it is also key that you stay aware of your rights in order to keep yourself protected.
Your lender will file a record of foreclosure if it gets to a necessary point. This is called a “lis pendens”. The county clerk's office will publish a list of all the recorded foreclosures. This is how a scammer will find you. They will find the list and act upon naive homeowners.
 Be aware if you are contacted by mail, telephone, or even by a knock on the door. Sometimes scammers will even target entire neighborhoods with marketing tactics.
 These predators will try to convince you that they want to "rescue" you from foreclosure. They will offer you a number of fraudulent solutions. These may include buying your home so that you can pay off your mortgage and live in a renter home, paying your mortgage in exchange for temporarily holding the deed to your home, asking you to put the deed to your home in another person's name, making a low-cost loan to you so that you can pay off some of your mortgage, or they may say that they want to negotiate on your behalf with your lenders.
 If you agree to any of these solutions, the scammer will then steal or home or equity.
 They do this by convincing you to sign a contract for the sale of your home to the scammer, convincing you to sign a contract with a buyback agreement that states you must pay a large fee, charging you high interest rates or fees, actually buying your home from you, or will lie to you about the length of time before your house goes up for foreclosure. According to NY.gov , " In some cases you might keep ownership of your home, but pay so many fees or so much interest that you are broke and have no money for future payments."
 You can avoid being scammed by never doing business with someone who calls, mails, or contacts you. You will want to contact and work with your lender directly. Always be aware, and contact a lawyer when you are in a situation like this!
Source:
New York State
By Blog Post 19 May, 2017
 Many people will hold off making a will because they don't feel like they need one or because they may feel overwhelmed by the process. If you are not familiar with law, which there are many people who are not, you may have questions in regards to making your will.
 The first common question that people will ask is why they might even need a Last Will and Testament to begin with. If you die without a will you are considered "intestate". The state of New York has codified into the law specific divisions of your estate when you die without a will. This may not divide your assets according to your wishes. The state will divide you assets among your spouse and minor children. If none of these families members are surviving, then other members of your family may become entitled. If you do not have a will, the court may decide who will take care of your children if the other parent is no longer available as well. If you are in a non traditional, unmarried relationship, and do not have a will, your partner will not receive anything.
 Another common question that an individual might have in relation to the creation of a will is if they even have to leave something to their spouse or children. New York State protects spouses and minor children from being left nothing in a will. A surviving spouse can legally claim part of your estate even if you will says otherwise. If you have children who are over the age of 18 years old, it is perfectly legal to not leave them anything.
 If both parents were to die, then a guardian must be appointed for minor children. You and your spouse are able to leave in your will the person that you prefer to take care of your children.
 There are several different ways to go about the creation of a will. Going to a lawyer is not the only method. You might have heard of online wills. This may leave someone with the question of whether or not they have to see a lawyer in order to create a will. Of course you do not have to go to a lawyer, but your will has to follow a certain prescribed formality. If it is not made up a certain way, then it may not have legal binding. This is why it is always best to go to a lawyer. This lawyer is an expert and can make sure you are properly legally protected.
 Now that you are aware that a will is not always legally binding, you might wonder what does make a legal will. This written document is dated, signed by you in front of two witnesses. They do not have to know what your will consists of. They just have to know that it is your will and they saw you sign it. They must sign the bottom and place their addresses after their signatures.
 It is important to keep your will in a safe place. It must also be somewhere accessible when it is needed. Members of your family or other people you trust must know where it is kept so that they can get it when it is needed. If you put your will is your Safe Deposit Box, it may take some time to open as banks sometimes seal the box upon notice of death.
 In order to make sure that all the wishes in your will are carried out, it is suggested to name someone as an executor. It may be necessary to name someone as a second executor in case the first person you appointed is unable to. You will definitely want to pick someone that you trust to distribute your assets according to your wishes.
 Some people are under the impression that they can just write down their wishes and have that be valid. This is not true. It is only under very limited circumstances that this may be valid. You will still need to follow the proper formality.
 It is common that if you make your will that eventually years down the line you will want to change it. You will not want to make any changes to the will that you just signed. This may invalidate your will. You can change your will by adding a codicil which, itself, must be signed in the same manner as the will. Another option is to write a new will incorporating your changes in a new document. This is usually the preferred option.
Source: 
LawHelpNY
By Blog Post 15 May, 2017
 In 2017, you may notice that more and more couples are choosing to not get married for a variety of reasons such as, the divorce rate being so high, wanting to protect themselves, they aren't ready for the commitment, or just simply because they do not want to. Although these couples are not getting married, this is not preventing them from living together. When people living together break up, this can cause a variety of issues usually relating to the money and property. This may leave the couple wondering "who is liable for money owed on a lease?", or "what happens to money that was combined into a single account?", etc. It always makes sense to plan for the worst possible scenario. Many people do not expect an issue to arise, but are faced with the consequences later.
 When an unmarried couple decides to buy property, this will make an impact on the different kinds of ownership available and how the property is divided if the relationship ends. The property is usually held through a joint tenancy.
Joint tenants share the ownership equally. If one party were to die, the other one automatically receives the deceased party's share under the right of survivorship. Tenants-in-common each own a distinct share. One party might own 75% due to larger contribution and the other could hold only 25%. If the property is held in a single person's name, this property belongs to them. The other party that might have been involved doesn't have a claim. They would have to have written evidence or proof that they contributed to the cost, maintenance, etc.
 Many unmarried couples prefer to rent. Mortgages tend to extend over a long period. Rentals are always relatively easy to terminate. If you are an unmarried couple that are planning to live together, then you might want to consider this option. The only negative about renting is that you will not retain equity. This is why a couple may choose to own a home.
 Home ownership has financial and social advantaged. Making sure that a property is equally owned by both parties is an easy way to protect yourself against potential problems occurring in the future.
 If you are in need of a family lawyer to help you in event that you and an ex partner is arguing over property or money, you can always call Palacios Law Group! We are here to help.
Source:
FindLaw 
By Blog Post 15 May, 2017
 Often a minor will have a mischievous streak, but sometimes this goes too far leading to criminal activity. Since minors have a higher chance of rehabilitation, there are special rules and procedures to handle this type of crime. These young criminals will not go to jail or a penitentiary like a regular adult would. The laws are governed differently from state to state so it is important to always be educated on your state's laws.
 When a minor is arrested due to criminal activity, this will result in a felony or misdemeanor offense. Juvenile delinquent activity can lead to the suspension of a driver's license, the paying of a fine, community service, ordering counseling, probation, home confinement, placement in a relative's home or a foster group, and even incarceration in juvenile corrections. Depending on the crime, if it is an act that is so severe, it can lead the minor in adult jail or state prison.
 When detaining a minor, the police do not need to personally witness the event to take the juvenile into custody. They simply just need probable cause. They have the ability to detain the minor and warn them about the consequences of committing the crime. They can detain the individual and hold this minor until the minor's parents or guardians have arrived. They can then release the minor. The last option that they have the power to do is to take the minor into custody and refer the minor to a juvenile court officer.
 It is important to know that the age of the child will make an impact on what happens as a result of their crime. If a child is under the age of 7 years old, they can't be tried. Their parents may be liable if an incident had occurred though. If the child is between the ages of 7 years old and 15 years old, then they are prime candidates for juvenile court.
 If charges are actually filed against a minor, you will have to go through the court process. You can expect that the minor will be formally charged before a juvenile judge. The court will then take jurisdiction over the case. If the juvenile is tried as an adult, the judge will set a hearing to decide if this is an appropriate option. The minor will then enter a plea, and depending on this plea, they may proceed to trial. The judge will most likely be the one deciding whether the defendant is innocent or guilty. If the crime you have committed is truly your act, then you will sentenced. The sentence will vary depending on the crime. After this, the defendant may have to come back to court periodically to make sure they are on the right track.
 If your son or daughter has been accused of a crime, they are going to need an experienced criminal defense lawyer in court. Remember it is always key to remind your son or daughter to always be polite if they need to appear in court. It is often important to show the court that you want to make a change and do better in the future.
Check out the following sources for more information about juvenile crime.
Sources: 
FindLaw
FindLaw
By Blog Post 04 May, 2017
 Settling a divorce already causes enough stress between the emotions involved, finding the right lawyer for you, and trying to come to an agreement with your spouse. There are several financial mistakes that individuals make during this process. If you weren't very involved in the finances during your marriage, it's likely that your spouse will have the upper hand. This will work as an advantage for your spouse, so it is important to get as much information as you can.
 If you think a divorce is going to happen or it is already in the process of happening, you are going to want to make copies of any and all important financial documents. This may include information from savings, brokerage, retirement, checking accounts, charge card statements, tax returns, etc.
 If you believe that your spouse might sell or transfer to cash any assets or re-title marital assets without consent, notify the holder of the asset or property in writing. You will want to get a restraining order from court. You will want to watch out for any cash held in joint checking accounts. If you notice that a spouse is using or moving assets without your knowledge, you will want to hire a legal or forensic expert.
 It really becomes a lot more difficult to settle a divorce when the two individuals involved do not see eye to eye and cannot come to terms on anything. If you and your spouse can work together to reach a fair settlement on majority of the issues involved in the divorce, then choosing mediation can save you thousands of dollars in legal fees. A neutral third-party mediator will meet with the couple to help you reach an agreement on topics such as child custody, child support, alimony, and property division. This provides a lot of flexibility rather than the typical court trial where the judge makes all of the decisions.
 A combative lawyer is not a good idea when trying to settle a divorce for most cases. This is used as a way to try to punish your spouse. The court won't financially punish your spouse just because they have done bad things. In cases like these, your lawyer will need to spend a lot of time on your case. This will be extremely costly The higher the divorce cost, the fewer assets left after settlement.
 You are going to want to work with a financial planner or a tax accountant in order to minimize taxes that you and your spouse will have to pay during the separation. Both spouses will be liable for taxes due to audits on joint returns. You will definitely want to consult with someone who has experience.
 Couples usually do not properly estimate how much it will cost them to live alone and be financially independent. They often will underestimate this, and be left unable to cover all of their bills. Using a professional to produce an accurate budget will save you money in the long run.
 Once the divorce is final, you may get taxed on the marital assets you received from the settlement. You will want to determine the value of your investments after-tax before agreeing with your spouse on the division.
If your spouse proposes a settlement, you will want to make sure that this is fair before agreeing. Your main focus should be on how this settlement will impact your finances in the future. There are so many aspects you will need to consider such as assets, incomes, living expenses, inflation, alimony, child support, taxes, investments, retirement plans, child-related costs, and more. The key is to always be focused on what will happen to you after the divorce is all settled.
 During a divorce settlement, a family might get attached to the possessions that they have accumulated in the home, yet do not realize that they can't afford it. The individuals might fight to keep these in expense of retirement planning. Due to the real estate market crash, more and more couples have had to walk away from their homes and hard-earned money they invested into it. All your other expenses will help you to let go of the emotional attachments you have to certain possessions. Not letting go of these will cost you. You should always be thinking of your finances in the future.
 Divorce lawyers can be very costly. Depending on what law firm you choose, prices can vary. Many people might have the tendency to overuse their lawyer. It could even lead to individuals expressing to much of their emotions when it comes to the divorce. If you need to talk about this aspect of the divorce, make sure you are discussing it with a medical professional, and not your lawyer.
 A divorce settlement means that both parties involved are going to have to make compromises along the way. If a settlement offer looks too good to be true, then it probably is. A family law attorney can review an offer to you in order to make sure your rights are protected.
 Besides this, there are several other factors that you will want to consider. The most important thing that you can do to avoid financial struggling after marriage, is to develop a post-divorce financial plan. Two households are more costly than one. When you make a post-divorce plan, you have to understand that this is going to be this way for many years. You will want to develop goals and realistic expectations.
Contact Palacios for expert advise in family law and divorce today!
Divorce.net
By Blog Post 02 May, 2017
 Whether you file for chapter 13 or chapter 7 bankruptcy, you know that there are going to be repercussions for going through this process. Although your past might show that you weren't financially stable, now is your chance to rebuild your credit. There may be several different paths to bankruptcy recovery. It may be a long road, but there is always hope and room for self-improvement.
 One of the first things you are going to want to do after you file for bankruptcy is collect and preserve all of your paperwork. You should have received a copy from your attorney of the bankruptcy petition which is 40 - 50 pages of detailed financial information. You will want to keep any paperwork that the court gave you such as a notice of bankruptcy filing and a copy of your discharge order. The reason why you will want to do this is because some lenders like to see a copy of these papers when considering you for new credit. This is especially true for mortgage loans.
 The next thing that you will want to keep in mind moving forward is the importance of creating a budget. You will want to have an understanding of your expenses and how much money you are spending on what. It is key to review this every week. The point of filing for bankruptcy was so that you can dig yourself out of this financial hole. You may even want to consider starting an emergency fund.
 If you are new to this experience, you may be wondering how bankruptcy will affect your credit. The reality is it will lower your credit score by 200 +/- points. This is due to late payments on your account. If you continue to have these habits moving forward, you will pay the consequences.
 If you decided to keep some of the debt that you previously had, and you keep up with your payment, then you have the potential to preserve your credit score. During this time frame there may be credit card companies that try to solicit you. It's important to be cautious. Having a credit card after bankruptcy is a way that you can rebuild your credit history though. You will have to make sure you are extremely responsible in a situation like this.
 If you have gone through bankruptcy, you may be wondering how this will make an impact on your living situation. Since you have no debt after the bankruptcy that you filed, there are plenty of landlords who will be open to your situation. If you happen to own a home, reaffirming your mortgage is a way to keep your home. Keeping your home will help your credit and you won't have to worry about having a roof over your head. If you include your home in the bankruptcy, then you are choosing to forfeit your home to the bank.
 Understanding how bankruptcy will affect your credit currently and your living situation are key, but of course you are also going to wonder how this will affect your future. Now that you are keeping up with your payments, you are going to want to also keep a regular check on your credit score. It may take you several years to qualify for a loan. If you are going to want to apply for a loan potentially in the future, the only way you'll be able to is if your credit score is around 620 or higher. Your score will need to be even higher is you want to have the best mortgage rate. When the time comes, you will definitely want to talk with a financial advisor or mortgage banker.
 If you are debating filing for bankruptcy, you will definitely want to speak to an attorney at Palacios Law Group. Our team can give you the legal advice you need in order to get back on your feet. 
Sources:
WiseBread
Credit.com 
By Blog Post 26 Apr, 2017
 If a patient is harmed by a doctor, nurse, or other medical professional who does not provide the proper health care treatment, then this is medical malpractice. More often than not, this does not happen. There are several common cases that make up the bulk of medical malpractice court cases. It is important to understand that just because a patient is unhappy with a course of treatment that a doctor decided to go with, this does not mean medical malpractice occurred. Even if a doctor makes a mistake, this does not mean that medical malpractice occurred.
 In order for an incident to be consider medical malpractice the doctor or medical professional must have been negligent in the situation. This means that the doctor was not reasonably skillful or competent. This competence lead in the patient being injured or harmed in some way.
 A large percentage of medical malpractice cases or complaints are due to misdiagnosis or a delayed diagnosis. Due to this a patient might have missed treatment opportunities that could have prevented harm to them or could have even prevented death. For these cases an individual would have to compare what the doctor treating them did to how other competent and professional doctors would have treated you. In these situations the key is to compare what your doctor did or didn't do to someone who specializes in the medical assistance and treatment that you would have needed.
 Another number of medical malpractice claims occur during childbirth. If a childbirth injury had occurred due to negligence from a doctor, nurse, or medical professional, then this could be a medical malpractice case. Some of the injuries that are included in a scenario like this are brain injuries (cerebral palsy or seizure disorders), fractured bones, and nerve damage that impaired the child from controlling the arms and hands. This medical professional malpractice could have occurred before the childbirth during prenatal care or during the childbirth.
 Another form of medical malpractice is due to medication errors. According to a 2006 study, medication errors harm approximately 1.5 million people in the U.S. every year. These errors occur from the initial prescription and administration of the drug, a patient could have been harmed by a medication that was prescribed to treat a misdiagnosed condition, or if the patient is given way too much or way too little of a drug.
 Anesthesia errors and surgery errors are two other forms of medical malpractice. Anesthesia errors are more dangerous than surgery errors in many cases. A small error by an anesthesiologist can lead to permanent injury, brain damage, or death. This can occur if a doctor fails to investigate a patient's medical history before the procedure, fails to inform the patient of potential risks, gives the patient too much anesthesia, does not monitor the patient's vital signs, or used defective equipment.
 A surgery error that is considered medical malpractice can occur if the surgeon is negligent during the procedure. This is more complex and the rules will vary from state to state.
 If you have been a victim of medical malpractice, contact a lawyer today. Palacios law Group can help!
Source:
NOLO
By Blog Post 26 Apr, 2017
 There are many people in the U.S. who have family members living in other countries. Some of these people want to help their other family members to live in the U.S. This is not a simple task though. It is a common myth that if one immigrant settles in the U.S. then they can easily get the rest of their family green cards. This is not true, getting a green card has become a lot more limited and complex over the years.
 If you want to help your family member to immigrate to the U.S., you can do something. If you are a U.S. citizen or permanent resident, you can petition for your family member to come here. There are only specific members of your family that you are able to petition for though. They must be an immediate relatives or a preference relatives.
 A preference relative is an immigration term for certain people who could be eligible for a green card based on their family relations. These individuals include the married children of U.S. citizens, children over 21 years of age of U.S. citizens, the spouses or children of U.S. green card holders, and brothers and sisters of U.S. citizens where the U.S. citizen is over 21 years of age.
 An immediate relative refers to individuals who are a spouse of a U.S. citizen, minor child , or parent of a U.S. citizen.
 If you are a U.S. citizen who is 21 years old or older, the immediate relatives that you are able to sponsor are your parents. If you are a U.S. citizen that is at least 18 years old or older, the immediate relative immigrants that you are able to petition for is your spouse or minor, unmarried children.
 If you are a U.S. citizen the preference relative immigrant that you are able to petition for are your married children or adult children. If you are a U.S. citizen who is 21 years old or older, then the preference relative immigrant that you are able to petition for is your brothers and sisters.
 If you are a U.S. permanent resident, the preference relative immigrants that you are able to petition for are your unmarried children or your spouse.
 Grandparents, cousins, aunts, uncles, parents-in-law, and other extended family members are not mentioned in the previous text. Although this is the case, if the individuals are able to immigrate to the U.S. then they will be able to bring their own spouses and children with them.
 Many people know that this process may take a long time, but are not sure of exactly how long. Although it can vary, there is an approximate estimation for anyone who is wondering. Immediate relatives are able to get a green card without worrying about visa- availability waiting periods. Preference relatives on the other hand will usually have to wait a number of years before they are able to apply for their visa or green card.
 There is a certain percentage of green cards in the preference category that is able to go to our country per year.
 If you are a first preference adult, unmarried child of a U.S. citizen, then the average wait is 8 years. If you are a second preference spouse or child of a permanent resident than your average wait is 2 years for spouses and minor children. If you are in this category, but you are an adult child then your average wait is 7 years. If you are a third preference, married children of U.S. citizens, then your wait is on average 12 years. If you are a brother or sister of a U.S. citizen, you are considered fourth preference and have a wait time on average of 13 years.
 Palacios Law Group is always trying to bring families together, and help individuals to obtain their green card as soon as possible. if you are in need of a lawyer to help you through the process, we can help you!
Source:
NOLO
More Posts

Palacios Law Group Blog

By Blog Post 24 May, 2017
 If someone has passed away due to the fault of another person or entity then the survivors may be able to bring about a wrongful death lawsuit. This seeks compensation for a survivor's loss such as lost wages from the deceased, lost companionship, and funeral expenses. If you are considering suing someone due to this reason, it is important that you have a full understanding of what the wrongful death claim is, who can sue, who can be sued, and what damages can be recovered.
 The right to file a lawsuit for wrongful death is a pretty new concept. Originally in "common law" , the laws brought to the United States by England, this lawsuit was not allowed. It was later on that state and federal courts created this right. Every state in the country now has law in relation to wrongful death.
These fatal accidents can occur due to a simple car accident, medical malpractice, product liability, or from a variety of other reasons. Those who are liable are individuals, companies, or government agencies due to negligence.
 A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the death of this other individual. This representative is usually the executor of the decedent's estate. Those who have someone represent them are immediate family members, life partners, financial dependents, putative spouses, distant family members, all the persons who suffered financially, and the parents of a deceased fetus.
 This will vary from state to state depending on that state's laws on wrongful death claim.
 To better get an understanding of who can be sued in a case like this, Nolo has provides an example. If a car accident involved faulty roadwork and a drunk driver, the wrongful death action may include defendants such as the driver or employer in the accident, the designer of the roadwork, a government agent who did not provide warning signs, the manufacturer, distributor, or installer or faulty or dangerous equipment, the person who solved and served the alcohol, or the owner of the place where the alcohol was sold.
 There are some situations in which the people or agencies involved may be immune from getting sued. The individuals who may be immune vary depending on what state you live in. In certain situations some government agencies or employees may be immune.
 There are 3 different types of damages that may be available to the survivors in the lawsuit. These are economic, non-economic, and punitive.
 Economic damages include the value of the financial contributions the victim would have made to the survivors if he or she did not die. This would be medical or funeral expenses, loss of the victim's expected earnings, loss of benefits, loss of inheritance, and the value of goods and services that this victim would have provided.
 Non-economic damages includes damages to the survivor's mental health due, loss of the care, protection, advice, and guidance of the deceased, and loss of love and companionship.
 Punitive damages are rewarded as a way to punish the defendant for their negligent behavior.
 It's always key to remember that a case like this has a time limit. You really can't wait a long time if you want to have a lawsuit.
 If you are in need of a legal team's advice, Palacios Law Group is always here to help.
Source:
NOLO
By Blog Post 24 May, 2017
 The divorce rate is so high, but many people do not actually think about the cost of divorce or how long the process will take until they are going through the process themselves. Attorney fees can range depending where you live, who you decide to hire, and how much is involved in coming to a resolution. There is no set amount of time or set amount of money that you will spend settling your divorce. It is different for everybody. There are surveys that have gathered averages among people to determine a result on several factors of divorce. These surveys have questioned individuals on how much their divorce attorney charged, how much their divorce cost, issues involved in the court process, whether their spouse contested the case, how long it took to settle, and how satisfied they were with the outcome.
 Although this information does not determine a "set in stone" answer, at least it can provide individuals with useful information.
 Everyone is always wondering if a divorce lawyer is charging too much or too little. Nationwide the typical fee per hour was $250. According to the following graph presented by Nolo, most individuals paid between $150-$350.
 The lawyers are usually involved in the following services for that cost per hour. The lawyers involved in these cases provided full representation. They would handle any issue relating to the case. The lawyer involved would provide limited scope or partial representation. The attorney managed some aspects of these cases. Finally the last service commonly provided by the attorney , they would provide a consultation only.
 Some people paid as low as $50, while some people paid as high as $650.
 This is the cost of just the lawyer's fee alone, by many individuals will wonder how much the total cost of divorce is. This will take in account attorney's fees, court costs, and other costs such as hiring a real estate appraiser, tax advisor, child custody evaluator, or any other expert.
 According to the individuals who took part in the survey, many of them paid around $15,000. The costs of attorney's fees for these individuals was around $12,800. Just because you are paying these fees, does not mean by the end of it all that you will have every issue resolved in court.
 According to survey, the more couples that went to trial, the less satisfied those clients were. Whenever a divorce goes to trial, it comes with a lot more stress and a lot more issues or complications.
 These issues were usually related to child custody, child support, alimony, division of property, division of debts, attorney's fees, breach of a fiduciary duty, or claims for reimbursement. The couples that went to trial reported to spend around $20,000 in costs. A couple that were able to settle the divorce without trial were able to spend between $12,000 and $15,000.
 Usually when going through the process of divorce, couples want to get it over and done with as soon as possible. Usually when you are able to see eye to eye with a spouse, and come to an agreement with ease, the process will go by quicker. According to the survey, to get to the final court settlement, it took around 11 months. For couples that went to trial, it took anywhere between 17.6 months. For some couples it can even take years and years to settle a divorce.
 According to the Nolo survey, couples that let a judge make the decisions lead to more dissatisfaction. This dissatisfaction can also be due to a number of reasons such as the length that it takes to settle the issue.
 If you want your divorce to go as smoothly as possible, you are going to want to hire an experienced family lawyer. Palacios Law Group is always here to help! Call us if you need to schedule a consultation.
Source:
Nolo
By Blog Post 19 May, 2017
 If you have fallen behind on your mortgage payments, chances are that you are at high risk of foreclosure. There are usually ways in which you can prevent this. Check out our previous blog posts on Foreclosure for more information. It is important to become aware that your home may become a target for home equity theft or a foreclosure fraud scam.
 Those who are scamming you always claim that they can solve your debt problem or stop the foreclosure from happening. They will use deceptive tactics to obtain ownership of your home for a fraction of its market value. This will not only leave you homeless, but you will still be the holder of the mortgage that is in foreclosure.
 If you are struggling to make payment, it is important that you contact your lender immediately. This will help prevent any potential problems happening later on. Lenders will usually work out a new payment plan with you.
 If you are facing foreclosure it is also key that you stay aware of your rights in order to keep yourself protected.
Your lender will file a record of foreclosure if it gets to a necessary point. This is called a “lis pendens”. The county clerk's office will publish a list of all the recorded foreclosures. This is how a scammer will find you. They will find the list and act upon naive homeowners.
 Be aware if you are contacted by mail, telephone, or even by a knock on the door. Sometimes scammers will even target entire neighborhoods with marketing tactics.
 These predators will try to convince you that they want to "rescue" you from foreclosure. They will offer you a number of fraudulent solutions. These may include buying your home so that you can pay off your mortgage and live in a renter home, paying your mortgage in exchange for temporarily holding the deed to your home, asking you to put the deed to your home in another person's name, making a low-cost loan to you so that you can pay off some of your mortgage, or they may say that they want to negotiate on your behalf with your lenders.
 If you agree to any of these solutions, the scammer will then steal or home or equity.
 They do this by convincing you to sign a contract for the sale of your home to the scammer, convincing you to sign a contract with a buyback agreement that states you must pay a large fee, charging you high interest rates or fees, actually buying your home from you, or will lie to you about the length of time before your house goes up for foreclosure. According to NY.gov , " In some cases you might keep ownership of your home, but pay so many fees or so much interest that you are broke and have no money for future payments."
 You can avoid being scammed by never doing business with someone who calls, mails, or contacts you. You will want to contact and work with your lender directly. Always be aware, and contact a lawyer when you are in a situation like this!
Source:
New York State
More Posts
Share by: