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How Many Children Are Injured by Toppling Furniture?

Something many parents do not consider once their children start crawling, walking and climbing is that the children could suffer injuries when furniture falls on top of them. It often does not cross a parent's mind because they assume that since the furniture is heavier than the child, this means the child can’t move it. Sadly, though, injuries caused by overturned furniture are not terribly uncommon. Just how many children are injured from toppling furniture? According to studies, quite a few, especially children under six years of age. How Many Children Are Injured by Falling Furniture? According to a study by the Center for Injury Research and Policy at Nationwide Children's Hospital as cited by The Washington Post, a child r[...]

What To Do When a UPS Truck Hits My Car

What To Do If a UPS Truck Hits Your Car Car Accidents Are Always Stressful The sight of a UPS truck may bring a smile to your face. If it’s heading to your house it means that your delivery is imminent. Even if you just spot one on the road, someone is likely getting something they have ordered. That’s good news, right? Unfortunately, deliveries do not always go smoothly, and, as with most motor vehicles, sometimes accidents happen. While car accidents, in general, are upsetting, getting hit by a truck is particularly traumatizing. We have all seen the brown and yellow UPS trucks on the roads and know that they are considerably larger than our personal vehicles. The impact from accidents with a UPS truck is considerable - [...]

Can You Sue For Child Support Years Later?

Child Support Is Important Not All Parents Are Responsible Parents Raising children is never easy. It’s an emotional and often costly endeavor. Expenses for food, housing, clothing and care certainly add up. What’s more, raising children after a divorce can be especially challenging. What was once a combined effort is now fractured. All of a sudden you are faced with custody and visitation issues -- and questions about child support. While courts determine the appropriate amount of child support based on a host of factors, life does not always proceed as planned. Just because a judge orders something to happen, this does not mean it actually will. Not every parent is a responsible parent. In many instances, child support is n[...]

Does Collaborative Divorce Work?

Divorce is an emotionally stressful experience for spouses who want to end their marriage, but sometimes it can be a process where the stress is minimal. When both spouses can get along well enough to cooperate with each other, they can benefit from engaging in a collaborative divorce. A collaborative divorce is one where the spouses are able to negotiate the terms of the settlement, child custody agreements, and spousal support without getting overly upset or seeking to hurt the other spouse during the divorce process. It's a wise idea to retain a divorce lawyer even when both spouses are congenial about ending their marriage. A divorce lawyer provides guidance for their client and makes sure that their client's interests are protected [...]

How to Get Sole Custody in Texas

When a loving family member discovers the other parent is not acting in their child’s best interest, that can be a heart-wrenching moment. But that’s also the time to take action and protect your innocent child and prevent any physical or emotional harm from occurring. As an experienced child custody law firm, we know that how to file for sole custody in Texas is not particularly difficult. But winning a sole custody case requires determination and family court experience. If you are considering how to get full custody of a child in Texas, this is what you need to know. What is Sole Custody? When a parent assumes sole custody of a child, they possess exclusive rights. The sole custody designation generally means that one parent en[...]

What is Considered an Asset in Divorce?

When a marriage ends, many questions need to be answered, including "what is considered an asset in divorce?" A general rule for determining what are considered assets in a divorce settlement is any property of value purchased during the marriage. Some assets are safe from divorce; but otherwise, a majority of assets acquired during the marriage are considered community property by the state of Texas and owned equally by both spouses. The division of assets during a divorce is usually 50/50, but some circumstances can result in an unequal division. Here's a look at what is considered an asset in a divorce: What Are Considered Assets in a Divorce Settlement? A married couple is considered to be joint owners of any property of value that [...]

How to List Assets for Divorce

Even an amicable divorce can be a complex matter if a couple has accumulated a lot of assets during their marriage. As you begin the process of dividing these assets, you may have several questions about which assets should be included in the division and which ones are off the table. Many divorcing couples ask, “How do I prepare my assets for divorce?” A qualified and experienced divorce attorney can help you to list your assets and get everything you’re due, but there are a few tips you should know going into the process. What Assets Should Be Included in a Divorce? Let’s start by defining what counts as an “asset.” For the purposes of the division of property, an asset is any item that can be converted into cash, w[...]

How Do You Determine Who Is at Fault in a Car Accident?

If you or someone you love has been involved in a car accident, you are not alone. In fact, in Texas in 2020 over 200,000 people were injured in auto accidents. Many of these situations resulted in insurance and/or legal claims. In these cases, determining fault was critical. If you have been in a car accident in the past, you know that determining who was at fault is not always easy to do. While in some circumstances, the answer to the question “who was at fault” is obvious; in many other instances, things are not so clear. In fact, quite often fault is heavily disputed, especially because insurance company payouts and lawsuit decisions rely on this information. If you or a loved one has recently been in an automobile acci[...]

What to Do When Your Spouse is Spying on You

Whether you know your relationship is on rocky ground or not, you may find yourself asking what to do when your spouse is spying on you. While no one likes to think it will get to this level, all too often it does, and you may feel threatened or angry that your privacy is being disrespected in this way. There can be numerous reasons for your spouse’s spying. He or she may not trust you and be looking for a reason to confront you or to justify his or her own actions. If you’re going through a divorce or a child custody battle, your spouse may be seeking information to use against you. These days, spying on a spouse is not uncommon and may include the hiring of an investigator or someone else to keep tabs on you. Understanding what [...]

What Is the Average Settlement for a Motorcycle Accident?

It’s very likely that if you’re involved in a motorcycle accident, you’ll suffer some kind of injury. You may decide to work toward a quick settlement to get your life back on track. How much will you receive? What is the average settlement for a motorcycle accident? The ability of an experienced motorcycle accident lawyer can mean the difference between a cheap, quick settlement and one that compensates victims fairly and substantially. To learn about the average settlement, you first need to understand what factors go into determining how much compensation a motorcycle accident victim can receive in Texas. We know that motorcycle accidents are very dangerous. In 2019, there were 975 injuries for every 100,000 registered bikes, ac[...]

What is the Most Common Child Custody Arrangement?

While joint custody is the most common arrangement for divorcing parents with children, our child custody lawyer can help you determine if this is the best arrangement for you. Everyone wants what is best for their child, but, unfortunately, when divorce enters the picture, parents may wind up warring over custody issues. While joint custody is most common, and courts are trending toward giving parents 50/50 time with their children, sole custody and primary physical custody are also possible custody arrangements, and conflicts over which arrangement is best can lead to a contentious court battle that is damaging to all parties. Ideally, couples who are divorcing should be able to negotiate and come to an agreement as to custody and [...]

How Do You Prove Wrongful Death?

Proving wrongful death means showing that another party’s neglect, carelessness, unskillfulness, or fault was the cause of the death. Losing a loved one is always a devastating experience, but when the death was caused by someone’s negligence, normal grief may be compounded by anger and the desire to punish the wrongdoer. In addition, after the death, survivors may be left without income or support at a time they are facing medical bills and funeral costs. While money can never replace a loved one, if you have lost a family member due to another party’s negligence or fault, you may be entitled to compensation through a wrongful death lawsuit. A settlement award can ease your financial burdens and help your family function, pay [...]

Does Adultery Affect Divorce in TX?

If your spouse cheated on you, you may want to know does adultery affect divorce in TX. Most states in the United States do not require you to give a specific reason to file for divorce. Many people file saying simply that there are "irreconcilable differences," which could mean almost anything, from differences in eating habits to differences in religion. However, in Texas, adultery can have a major impact on divorce proceedings. If one party can prove that the other is committing adultery, the judge may take that into account when considering property division and alimony. In Texas, you are allowed to file for a no-fault divorce. Many people might choose to have a no-fault divorce even if the other party is cheating, simply because a n[...]

Can You Sue for Lower Back Injuries in Car Accidents?

Have you been in a car accident and are confused about what to do next? Most people are worried about the cost of medical treatment and may hesitate to make decisions early on in a case because they are waiting to see what happens next. When it comes to possible back injuries, you should never wait. It is possible you can sue for lower back injuries in a car accident, but there are several steps you need to take first. You should seek medical care as soon as possible after any accident, because you may not realize you are injured at first. You may be in shock, or you might have so much adrenaline from the accident that you don't feel the pain yet. See a doctor so you can describe the impact and get the help you need right away. Even if [...]

How Much Compensation Do You Get for a Burn Injury?

Burn injuries can be incredibly severe and are immensely painful, and the costs associated with them may be considerable. If you have suffered burn injuries that occurred due to the negligence or recklessness of another person or organization, you may be entitled to compensation. Contact a Texas burn injury attorney today to learn more about your options as well as what type of award you can expect to receive. The Road to Compensation Filing a Burn Injury Lawsuit Unfortunately, burn injuries are common around the world, in the United States, and in Texas. Every year, fire, chemicals, electricity, and catastrophic events cause hundreds of thousands of individuals to suffer burn injuries. Burns can be caused by certain products[...]

Can You Change A Custody Agreement Without Going to Court?

If you are divorced or legally separated and have children with your ex, you likely have a court-approved custody agreement. But if you want it changed, you may want to know, can you change a custody agreement without going to court? The custody document specifically states the time your children will spend with you and your spouse, including holidays and weekends. It is required by law that both parents abide by the terms of the agreement, as it was created in the best interests of your child/children. That said, we all know that “life happens” and circumstances do not always remain the same. Over time, a variety of factors may contribute to the need to change your custody agreement. When this happens, you may wonder if you can[...]

How to Pay Medical Bills During a Brain Injury Lawsuit

If a loved one was involved in a severe accident, you may wonder how will you pay medical bills during your brain injury lawsuit. A serious brain injury can leave a victim with lifelong disabilities and medical and rehabilitation needs. If you have no health insurance, or not enough to cover the bills, this can be a major concern. The Evans & Herlihy Law Firm may help you pursue compensation, including payment for the victim’s medical care. We have successfully represented personal injury plaintiffs for more than 15 years, including those suffering from traumatic brain injuries (TBI). As a small firm, we offer personal attention that’s hard to find at a large corporate law office. To learn more about how we can help you and your fami[...]

Does It Matter Who Files for Divorce First?

Getting divorced is one of the most stressful things you will ever do, even if you are still friends with your ex. The process can be expensive and go on for several months, during which time you have to expose your most personal secrets to strangers. You may be wondering if you have a legal or strategic advantage if you are the one who files first. In Texas, it generally does not matter which party files first. However, it may still be beneficial to be the filing party. This depends on your circumstances, and every case is different. If you have any questions, you should speak with your divorce attorney about what is best for you. Advantages to Filing First There are several potential advantages to filing first. The Person Who Files[...]

Can You Sue for Pain and Suffering After a Car Accident?

If you were injured in a car accident and want compensation for what you’ve been through, you may wonder, can you sue for pain and suffering after a car accident? Pain and suffering are damages sought in an insurance claim or lawsuit. Damages measure in dollars the harm you suffered. Car accident pain and suffering can’t be easily converted into dollars, but there are methods used to fairly compensate accident victims. Evans & Herlihy Law Firm protects the rights and interests of accident victims. If you’ve been in an injury in a car accident, pain and suffering may be a regular part of your life. Severe injuries can be life-changing events that deprive you of an active, full life. You should get compensation for the mental[...]

How Do I Get a No-Fault Divorce in Texas?

If you’re having marital problems you can’t resolve, you may wonder, how do I get a no-fault divorce in Texas? Although neither of you may have done anything intentionally to wreck your marriage, a no-fault divorce isn’t necessarily a no-problem divorce. All the other issues that come with divorce need to be resolved, too. How well the process goes depends on the parties’ ability to amicably deal with spousal support, child custody and support, dividing assets and debts. Evans & Herlihy helps married couples divorce so they can start over and begin new lives. Most of our divorce clients use the no-fault system. If you have questions on divorce or how the process works, call us at (512) 732-2727 today. What is No-Fault Divorce [...]