March 2016

4 things to remember after being involved in a motor vehicle accident

Motor vehicle accidents can wreak havoc on your life. When a motor vehicle accident wasn’t your fault you may want to make a claim for damages. Everything you do starting from the day of the accident can make difference when litigating for damages. Below is a short summary of the most common do’s and don’ts for anyone after an accident. 1. Make sure you take pictures at the scene of the accident. Please remember to be safe when doing so. 2. Begin keeping a record or log of your related injuries. Write down what pain you feel, and for how long. Write down all the activities you can’t participate in or daily tasks you need help with because of the sustained injury. 3. Do not talk to the other driver’s insurance company. Decline any of their communication. Do not sign any papers that the other insurance company sends you. 4. Send all correspondence from anyone or any company (including your own insurance company) to your attorney. A lawyer is the only person who is actually and legally completely on your side after an accident. A win for you is a win for them. When clients come to David Gabriel and Associates after an accident, we understand that you are in crisis. Let us help you work through your injury and get you what you deserve.

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Slip and Fall Accidents and an aging population

People of any age may suffer injuries when they slip, trip, or fall down. Statistics show that Americans aged 65 and older may suffer particularly severe injuries, including hip fractures/injuries. The CDC reports that 258,000 people in the U.S. over the age of 65 were admitted to hospitals for fractured hips in 2010 alone. Falling down was the number one cause for such hip fractures. Falls took place in a wide variety of locations, including the victim’s home, stores, other public places, nursing homes, or even within the hospitals themselves. Hip fractures may have surprisingly serious consequences for an elderly adult. While a young person may heal from a broken bone rather easily and quickly, the healing process may be much more complicated and lengthy for older adults. An elderly patient with a hip fracture often undergoes surgery, hospital/long term care stays and rehabilitation. Liability for Slip and Fall Accidents Businesses and property owners have a duty to ensure their premises are reasonably safe for customers and other visitors. This includes keeping the property free of potential slip and fall hazards. Such hazards may include: Slippery or wet floors Uneven floors Handrails defects Debris in walkways or stairwells Unsecured wiring on floors (phone cords) Rugs not being secure If a property or business owner knows that such a potentially dangerous condition exists and fails to fix it, they are acting negligently and should be held liable for any injuries that occur due to their negligence. Slip and fall victims are

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Using a divorce lawyer may be the best way to reach a divorce agreement

Deciding to file for a divorce is a major decision for most couples. With many online solutions available, it is not uncommon for Massachusetts couples to think that they can handle their own divorce. However, they are often unprepared for the many stumbling blocks they may face without the guidance and support of an experienced divorce attorney. When minor children are involved, child custody and parenting plan agreements must be reached and submitted for court approval. Another area of a divorce that may prove to be more challenging than initially thought is property division. Under Massachusetts laws of equitable distribution, couples may decide on how to divide their assets, as long as it is done in a fair manner and carries the approval of the court. This is where unexpected contention often arises. After navigating these aspects, spousal support and child support will have to be determined. In Massachusetts, regardless of whether a divorce attorney is retained or a couple decides to handle their divorce themselves, there are specific waiting periods. The waiting periods between filing the divorce complain and the court hearing are dependent on the type of divorce filing (contested or uncontested). After the final hearing, another waiting period must be observed before a final divorce decree is issued. Considering the complexity of all the issues, many Massachusetts couples choose to utilize the services of an experienced divorce attorney to avoid stumbling blocks. David M. Gabriel and Associates can guide each client to reach a divorce agreement that

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The Challenges Behind Parental Relocation

Sharing custody of a child is difficult enough when two parents live in the same area, however when one parent wishes to move to another state with a child, a new set of challenges arises. In Massachusetts, a parent must request permission to move out of the state with the child. The other parent has a right to object, and challenge the request. Moving away can have major impacts on the other parent’s ability to spend time with the child. Unless the parents reach an agreement, the dispute will be left for the courts to resolve. Massachusetts courts must consider a number of specific factors when determining whether to grant a parent’s request to relocate. As with any other custody dispute, the courts consider the best interests of the child. This standard requires courts to evaluate both the positive and negative impacts the move will have on the child. In particular, the courts evaluate how the move will impact the child’s emotional or physical needs. The courts also recognize that the well-being of the custodial parent can affect the child’s best interests. As a result, the courts evaluate whether the move will improve the quality of life for both the parent and the child. Factors such as employment prospects, available support of family and friends, and the anticipated living situation in the new state are all factors that the courts consider. Relocation is a unique custody issue. There are many different variables, which can make the issue even more challenging.

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Items that make property division complex

When it comes to matters of property division, some people have it easier than others. But even if you believe your situation to be relatively simple, you may find that this is not the case as you make your way through the process and begin to review your many assets and debts. High net worth divorces, in particular, often lead to property division challenges. These need to be addressed without delay, ensuring that both parties understand what’s to happen and how it will impact them now and in the future. Here are some of the items that can make property division more complex: — Business ownership. — Real estate, including vacation homes. — Stock options and bonds. — Bank accounts and bonuses. — Retirement funds, including military pay, IRAs, and pensions among other types. — Antiques and collectibles, such as sports memorabilia and art. Before anything can be done, you and your spouse must have an accurate idea of your net worth. From there, it is easier to move forward with property division, although there are sure to be some “sticking points” along the way. Due to all the challenges valuing the items detailed above, it’s important to work side by side with an experienced law firm. We have helped many people work through property division, eventually ending up in a place they are comfortable. If you have any questions about property division, if you want to learn more about your situation, don’t hesitate to contact us. You can do

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Carefully consider all options available in a high-asset divorce

Besides the issue of child custody, the issue of property division in a divorce is one of the most tense that people who are getting divorced face. In the instance of a high-asset divorce, the property division process if often complex because of the various types of assets and debts that are present. If you are facing a high-asset divorce, we can help you to learn about the options you have for the property division process. There are some assets and debts that are fairly easy to divide, especially if you and your ex are in agreement about them. For example, you might want the primary residence and your ex might want the vacation home. That might be an easy solution to the real property. Other issues in a complex high-asset divorce might not be so easy to solve. The more complex aspects of property division during a high-asset divorce comes when there are investment accounts, stock options, retirement accounts, and businesses to divide. In these cases, it is often necessary to obtain a valuation of the assets and liabilities so that we can work on getting a suitable settlement. The last thing that you need is to be stuck with all the inaccessible or non-performing assets while having to cover a multitude of the debts. It is crucial that we take the full picture regarding the assets and liabilities into account. Since Massachusetts is an equitable distribution state, we need to get you an equitable settlement instead of trying

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The 2 ways courts look at engagement rings

The United States lacks a uniform law regarding what is to be done with engagement rings during a divorce. While there are more expensive assets, rings can cost thousands or even tens of thousands of dollars. Additionally, because of what they symbolize, they can often be points of contention during the property division process. Since there is no set law, courts consider many different factors. They tend to look at engagement rings in one of two ways, which are as follows: 1. The ring was an absolute gift. In these cases, the court determines that you decided to present the other person with the gift, and it then became your spouse’s possession. You gave up all rights to it at that point, and you can’t ask for it back because ownership was transferred. 2. The ring was a conditional gift. In these cases, the court may decide that you only gave the ring as a gift with a condition, which you stated at the time when asking your spouse to marry you. If your spouse is now breaking off that marriage, you may be able to argue that the condition was broken and so the gift should go back to you; it was only to belong to your spouse as long as the marriage lasted. Now, there are other factors and stances to be considered, such as whether or not fraud was involved—if someone said “yes” to the proposal just to take the ring, planning all along to ask for

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Technology is helping parents rest easy with teen drivers

Unfortunately more U.S. teens die from car accidents than any other cause; however, new technology may give Massachusetts parents a reason to breathe easier when their teenager gets behind the wheel. While dashboard cameras aren’t new to the market, Drivecam for Families adds a technology that can provide peace of mind to parents everywhere. The Drivecam is a video feedback program that activates when a driver does something risky. The program determines if the driver’s actions increase the likelihood of a motor vehicle accident and then notifies the drivers parents via the company’s data center. Parents can then review what their teen is doing. Keeping the lines of communication open with one’s teenager is important, and if parents plan to utilize Drivecam it is encouraged that they inform their teen about the intended use of Drivecam. While some teens may object, parents can explain that the new technology is designed to help them be safer drivers and not meant to convey parental distrust. If a Massachusetts resident has been harmed by the actions of a reckless driver, they may be entitled to compensation. David M. Gabriel & Associates can evaluate the conduct of a negligent driver and determine the best course of action to recover damages.

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