FAQ
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Personal Injury
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Do I need a lawyer in a personal injury claim?
Insurance company studies show that those who have legal representation in their case recover an average of 3.5 times more than those who try to get the issue resolved on their own. Insurance companies do not like to pay out large settlements, and frequently move fast with an offer, within days of a car accident or other serious injury accident. If you accept this early offer, it can be a terrible mistake; you may later require more medical treatment, or not recover in the expected amount of time, or could experience complications. I will carefully evaluate your injury case and ensure that we are pursuing every type of damage that could be claimed in your case. It is very important that you have legal counsel that will protect your right to fair compensation, and I will fight for fair treatment for you and your family. A personal injury lawyer is imperative if you suffered serious injuries. I am a Louisiana attorney that is interested in helping your resolve these issues.
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Isn't divorce expensive?
A contested divorce can get expensive due to the necessity to attend trial, and document the case to present in court. Those who can work out their agreements prior to court and settle them with negotiations can not only save a lot of money, they avoid the serious stress of a court trial and exposing your personal business in court. In either case, I will help you bring the issue to a resolution with the least amount of stress, whether in a contested or uncontested divorce. I make every effort to make my services affordable so that you can have high quality legal counsel to support your case.
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Is adoption a long process?
Each adopted child has different circumstances. There are several types of adoptions that could take place, including a stepparent adoption, a private adoption or a standard adoption. Each has its own specific challenges. With the help of my firm, we will speed the process through the system as quickly as we can so that you can begin your new family and move forward with starting life together.
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How do I know if I have a personal injury claim?
A personal injury accident is the result of the negligent, reckless or careless action of another. An accident that occurs from the use of a dangerous or defective product is an example of a personal injury accident. Another example is a drunk driver who causes a car collision with injuries or fatalities. In the case of negligence, the victim may be eligible for monetary compensation that can include lost income, medical expenses, and pain and suffering. Beau Layfield and The Layfield Law Firm, LLC can represent a client in court and negotiate with insurance companies to pursue the maximum possible compensation.
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Should I take a settlement offer?
It is never a good idea to settle an insurance claim before speaking with a knowledgeable personal injury attorney that has experience with injury accident cases. Insurance companies have tactics they use to deny claims, redirect fault, and withhold available compensation. An insurance claim can be a complicated process and insurance adjusters can be intimidating to accident victims. An insurance company may assert that the injuries are not as serious as claimed, and attempt to settle quickly for a low amount.
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How much money can I expect in a settlement?Each personal injury accident is different and the worth of the injuries will depend on the circumstances of the accident and the severity of injuries and disability. Insurance companies have specific calculations they use when assigning a monetary value to the pain and suffering resulting a personal injury causing accident. The firm will protect your right to compensation and pursue legal action if necessary.
Before settling an insurance claim, contact The Layfield Law Firm, LLC to review your case. They can zealously protect your right to fair and full compensation, and your case will be given the focus and priority it deserves.
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Divorce & Family Law
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Do I have to go to court in order to obtain a divorce?
Filing divorce papers with a court is the only way you will obtain a legal separation from your spouse. This applies to any other form of legal separation, including a marriage annulment. Aside from the divorce decree itself, a court is able to assist in settling other matters related to divorce, which include child custody and the distribution of marital assets.
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How long will the divorce process take?
The length of your divorce proceedings will depend on different factors, which include how long it takes to serve divorce papers to your spouse, whether your spouse is willing to waive their rights to service and notice of trial, whether you have minor children from the marriage and legal delays. Typically, it will take 20 to 40 days to receive a divorce judgment from the court after papers have been served. If your spouse decides to waive his or her rights to service and notice of trial, the judgment can come swiftly. It is important to note that a judgment does not become finalized until the 30-day "appeals" window has ended.
Another important point to note is that you must be living separately from your spouse for six months (or longer if there are minor children from the marriage) before being able to file a petition, unless there are extenuating circumstances, such as your spouse committed a felony. Securing an attorney for legal representation may result in your divorce process being resolved much faster than you attempting to navigate the proceedings on your own.
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How will custody of my child be decided?It is possible for you and your spouse to come to a decision regarding child custody without the court intervening.
However, if you and your spouse cannot come to a custody terms agreement, the court will decide for you, and will look at the following:
- the child's gender and age;
- the child's mental and physical health;
- the child's relationship with each parent;
- the parents' respective lifestyles;
- each parent's ability to provide basic necessities for the child, including shelter, food, and clothing; and
- the child's preference (if they are of a certain age).
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How will child support be calculated?Child support is calculated differently depending on the state one resides in, but the general factors taken into consideration by the court when calculating payments include:
- the standard of living of the child prior to the divorce;
- the ability to pay of the parent giving child support;
- the specific needs of the child, including their food, clothing, and educational costs; and
- the needs and income of the custodial parent (the parent with primary custody of the child).
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