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Personal Injury Attorneys in Nevada | Car Accidents

You’re in a Car Accident. Now What?

Car accidents are traumatic experiences that frequently result in a great deal of suffering and damage to everyone involved. Figuring out how to handle the aftermath of a car accident can be an overwhelming process. Here’s what you should know:

What to Do When You’ve Been in a Car Accident

Pursuant to Nevada law, while at the scene of the accident, you have the duty to stop and stay at the scene, give information and assist with the scene if possible, notify the owner of any unattended vehicles or property that has been damaged by the accident, and inform a police officer of the accident as soon as possible. A few steps that you should take following leaving the scene include:

  • Reach out to your insurance company as soon as possible and explain exactly what happened
  • Attain an accident report from the police officer that was at the scene
  • Take several pictures of the entire accident
  • Seek medical attention and take note of what the medic finds
  • Pursue a valuation of the property damage from the accident
  • Get in contact with a personal injury lawyer

Why It Is Important to Take Pictures

Pictures can serve as proof of any injuries or damages that are a direct result of the car accident, as well as help explain how the accident happened. Pictures can frequently be utilized as evidence of what occurred during the car accident, and therefore, you should take photos of the entire scene of the accident, any damage that occurred to the vehicle, nearby traffic signs, your injuries, the witnesses and their information, and the responding police officer. It is beneficial to take as many pictures as possible at the scene of the car accident. Pictures helpful in that they save you from having to remember specific details about the potentially traumatic accident.

Why It Is Important to Be Screened by A Medical Professional

Many injuries sustained from a car accident won’t always show up right away, and you could have several “hidden” injuries that you were unaware of. A medic can evaluate your state of health following the incident and can help identify exactly what injuries have been caused by the accident. This can then be used as evidence to prove that the car accident resulted in certain injuries. It is important to see a medic sooner rather than later following a car accident as it is harder to prove that an injury was a direct result of the car accident the longer you wait to be screened. Common symptoms from a car accident include headaches, neck and shoulder pain, back pain, numbness, abdominal pain and swelling, PTSD, and behavioral changes. It is recommended to initially get screened by a medical professional within 24 hours of the car accident, however, several injuries from the accident may not reveal signs or symptoms of being present immediately after the accident.

How Long Injury May Take to Show Signs

Many injuries sustained from a car accident can take time to set in and reveal themselves. This is often due to the rush of adrenaline that is faced directly after an accident. Adrenaline can mask pain and make us feel fine immediately after an accident. Later on, however, we could begin to feel the consequences of the crash. Symptoms such as pain, swelling, and limited mobility from a car accident injury can appear several days or even weeks after the accident. Occasionally, car accidents result in concussions, which could take several hours or days to reveal symptoms. It is important to not ignore the signs and symptoms of these potential injuries and visit a doctor if you do not feel well.

Why You Need an Attorney

A personal injury lawyer can help you receive full monetary compensation for your suffering and injuries from a car accident. Insurance companies tend to grant you minimal compensation for your accident, while an attorney will work to get you the financial compensation you deserve. When you’ve been in a victim of a car accident, call Carlson & Work at 775-298-6403. for help from experienced personal injury attorneys.

Relocating With Your Child in Nevada

Need to Relocate with Your Child, Take the First Step.

A parent seeking to relocate their child can be a strenuous process in an already difficult child custody situation. Relocation means more than just moving across town. Nevada law believes relocation to be moving the child outside of Reno to a location that would substantially interfere with the other parent’s ability to visit the child. This relocation could either be completely out of the state of Nevada, or to a place far away from Reno but still in Nevada. Regardless of the new location, a parent should understand how they go about moving with their child.

What Nevada Law Says About Relocating with a Child After Divorce

  • Under Nevada Law, a relocating parent with primary physical custody must attain written permission from the other parent before the relocating parent and child move. If the other parent won’t consent to the relocation, then the relocating parent must go to the court to get permission to move.
  • If the relocating parent shares joint custody of the child, they must first motion to the court to attain primary physical custody, and then they will have to ask for permission to relocate their child.
  • The Nevada court strongly believes that a parent must attempt to get the non-relocating parent’s permission to move their child before relocating.
  • When the court must decide whether to grant a parent’s request to move their child, they will consider what is in the best interest of the child.

The Steps a Parent Should Take

  • Pursuant to NRS 125C.006, a parent with primary custodial care of their child must first try to get written consent from the noncustodial parent to relocate the child. If noncustodial parent refuses to give consent, the custodial parent can petition the court to relocate the child with a motion to relocate.
  • When the parent has joint physical custody, NRS 125C.0065 states that the relocating parent should first try to get written consent from the non-relocating parent to move their child. If the non-relocating parent does not consent, the relocating parent should petition the court for primary physical custody for the purpose of relocating.

Motion to Relocate

  • A motion to relocate can be filed by parents who wish to relocate their children when the non-relocating parent refuses to consent to the relocation.
  • The courts will review the motion at a hearing. During this hearing, they will consider the following factors:
    1. The relocating parent must show that:
      • there is a sensible, good faith reason to move and the move is not meant to prevent the non-relocating parent from having parenting time with the child
      • the relocation is in the best interest of the child
      • the relocation will be beneficial to the child and the relocating parent
    2. The court will also look at:
      • the quality of life for the child at the new location
      • the educational opportunities for the child at the new location
      • the ability of the extended family to support the child at the current and new location
      • the impact the relocation will have on the non-relocating parent’s parenting time

Why You Should Hire a Family Law Attorney

While you may have numerous valid reasons for wanting to relocate your child, the Nevada child custody laws can make it difficult to actually have the freedom to relocate as you wish. A family law attorney can help you simplify and understand the child’s relocation process. Call Carlson & Work today at 775-298-6403. to talk to top family lawyers about relocating your child.

Estate Planning in Nevada: Avoiding Probate

How to Avoid Probate Through Estate Planning

After losing a loved one, no one wants to have to go through the costly and time-consuming process of probate, the official proving of a will, and transferring the property of the deceased. A probate must be filed immediately after the person’s death and is a public process that takes an average of one to two years to complete. Fortunately, probate can be avoided in most cases through estate planning. Any living person owns estate— which is nearly everyone— can create an estate plan, which is a favorable course of action to probate after death. In reality, not enough people have an estate plan, but an experienced estate attorney can assist you in drafting one. Before doing so, it is helpful to go over some important aspects of the process and understand why everyone should be creating a plan.

I. Probate can be extremely costly

During the typical one to two-year process of probate, all of the assets of the deceased are frozen until the courts make a final decision. On average, probate can cost anywhere from 3% to 8% of the total estate value. Some of the fees that occur throughout probate include personal attorney’s fees, accounting fees, appraisal fees, and more. These fees can quickly build up and become a pain to handle, which is just another reason why everyone should develop an estate plan.

II. A Trust and Estate Plan Protects Children and Loved Ones

An estate plan starts with a trust. A trust can avoid probate after the death of the trustor and allows for the transferring of the deceased’s estate and sorting of affairs to be carried out privately. Not only can a trust manage all of your assets under one simple plan, but it can also convey your love and values to your loved ones and future generations of your family. Planning your estate also helps you organize your financial records, financial policies, titles, and other important documents to be readily available for your family to access after death. Ultimately, an estate plan eases the stress of children and loved ones to sort out your property and affairs after death.

III. Difference Between a Will and a Trust

A common misconception is the belief that a will and a trust are interchangeable. Both a will and a trust are important and should be included in an estate plan, but they do serve different distinct purposes. A will provides instructions for how you want your affairs to be handled and your estate to be distributed after you die. A will is legally enforceable, but it does not avoid probate. A trust, on the other hand, is a fiduciary relationship where another is granted authority to handle your assets for the benefit of the third party, the beneficiary. It brings all of the trustor’s assets together into a single private plan. Unlike a will, which only put into force after death, a trust is effective immediately. A trust will become operational at the time of the trustor’s death and can avoid probate at death. In order to avoid probate, families should ensure that a trust is drafted in their estate plan.

Now is the time to take action and save your loved ones the stress of going through probate by developing an estate plan. Carlson & Work has several expert estate planning attorneys in Reno, Nevada available to assist you in with your estate planning needs. Call Carlson & Work today at 775-298-6403.

TPO

Defense Law > TPO

Retain Reno’s Top TPO Attorney Today

People in Nevada can apply for a temporary protective order, or TPO, when they feel threatened, harassed, or stalked by someone else.  When the Court grants a temporary protective order, the victim will receive a Court order for protection that lasts approximately one month.  Then, there will be a hearing to determine if the protection order should be extended for a year.  Carlson & Work can represent you at your TPO hearing. 

Have a Skilled Attorney By Your Side

At Carlson & Work, we have experience successfully representing the applicant and the adverse party in a TPO hearing. These matters typically involve people who are romantically dating or in a domestic relationship that existed in the past. These relationships also extend to those who are dating, neighbors, employees, and roommates.

 

The Experience You Need

We have successfully represented hundreds of individuals in TPO matters and more time than not, we have successfully obtained the results they need. The impacts of a TPO being substantiated can have a significant impact upon your life including:

  • Impact on child support
  • Background investigations
  • Criminal investigation 
  • Child custody implications
  • Family law implications

If you need a TPO attorney by your side during a Temporary Protection Order for stalking, aggravated stalking or harassment, then contact an experienced TPO attorney at Carlson & Work today.

 

Physical Custody

Child Custody and Visitation > Physical Custody

Physical Custody 

Parents will either share joint physical custody of the children, or one parent may be awarded primary or sole physical custody.

Joint Physical Custody

Parties who share joint physical custody each have custody of the children approximately half the time.  Typically, courts in Nevada will still consider a custody schedule to be joint physical custody even if the time division isn’t perfectly 50/50. Usually, joint physical custody is extended up to approximately a 60/40 split in time.  Joint physical custody is typically the standard arrangement unless the Nevada Best Interest Factors warrant otherwise.

 

Primary Physical Custody

Sometimes one parent can be awarded primary physical custody if it is in the best interests of the children.  The Nevada Best Interest Factors are spelled out under NRS125C.0035(4).  According to the statute, the Court weighs the following factors in determining the best interests of the children:

  • the child’s ability to maintain contact with siblings
  • the mental and physical health of both parents
  • the child’s physical and emotional needs
  • any history of abuse
  • the child’s wishes, if the child is of sufficient age and intelligence to decide
  • the child’s relationship with each parent
  • the level of conflict between the parents
  • whether either parent has committed an act of abduction against the child or any other child
  • each parent’s willingness to encourage a relationship between the child and the co-parent

A parent is typically considered to have primary physical custody if the children are with them more than 60% of the time. Some parents may be awarded sole physical custody, meaning the other parent has little to no visitation, under extenuating circumstances.

Custody Schedule

Parents can determine a custody schedule that works best for their children. This may include week-on/week-off, 3/4/4/3, or 1st-3rd-5th weekends. Carlson & Work can help you explore different custody schedules that comply with joint or primary custody and serve the best interests of the children in promoting stability and preserving their ability to participate in extracurricular activities.

 

Contact Carlson & Work Today!

Receiving a Court order establishing child custody and visitation can benefit families because it creates a custody schedule for children that both parents must adhere to. Carlson & Work provides representation for parties filing for child custody.

Child Support

Child Custody and Visitation > Child Support

Child Support

Child support is determined in Nevada pursuant to NAC 425.140.  Once parties determine a visitation schedule, the Court will set the amount of child support based on which parent the children spend more time with, how many children the parties share, and how much income the parties make.

Child Support Amount

NAC 425.140 sets child support for one child at 16% of the parties’ income, two children at 22% of the parties’ income, three children at 26% of the parties’ income, and so on.  The way child support is awarded will vary based on whether or not the parents share joint physical custody or one parent has primary physical custody.  An attorney at Carlson & Work can assist you in calculating the proper child support obligation based on the custody and visitation schedule as well as the number of children and your income.

 

Legal Custody

Legal custody pertains to major life decisions surrounding the children such as medical or educational choices.  Parents typically share joint legal custody of children even if one parent sees the children more often than the other, but sometimes the Court will award sole legal custody to a parent based on certain circumstances.  When parents ordered to share legal custody have a dispute about a decision regarding their children, parents can ask the Court to decide in their favor.

Deviations

Sometimes the amount of child support can be adjusted based on deviations. Deviations are child-related expenses paid by either parent that can offset the child support obligation, or increase the child support obligation for the other party.

 

Wage Garnishment

Child support can sometimes be subject to wage garnishment. This means that the party with the child support obligation will have the payment deducted directly from their paycheck, and the funds will be sent immediately to the other party.

 

Contact Carlson & Work Today!

Carlson & Work can assist your family in determining the proper child support obligation based on Nevada law. Call 775-298-6403.

Child Custody

Child Custody and Visitation > Child Custody

Child Custody

Carlson & Work can assist unmarried parties who wish to receive an order from the Court determining child custody, visitation, and child support.  Courts will determine both legal and physical custody of the children during a child custody litigation. 

Physical Custody

Physical custody relates to determining the schedule in which the children visit with each parent.  Physical custody and visitation in Nevada are determined by the Nevada Best Interest Factors.  

NRS125C.0035(4) states that the family court should consider the following when addressing the best interest of the child:

  • the child’s ability to maintain contact with siblings
  • the mental and physical health of both parents
  • the child’s physical and emotional needs
  • any history of abuse
  • the child’s wishes, if the child is of sufficient age and intelligence to decide
  • the child’s relationship with each parent
  • the level of conflict between the parents
  • whether either parent has committed an act of abduction against the child or any other child
  • each parent’s willingness to encourage a relationship between the child and the co-parent

The Court will then determine child support based on Nevada law and the physical custody schedule. An attorney at Carlson & Work can help you analyze the Nevada Best Interest Factors to request the court determine a physical custody schedule that is best for the children.

 

Legal Custody

Legal custody pertains to major life decisions surrounding the children such as medical or educational choices.  Parents typically share joint legal custody of children even if one parent sees the children more often than the other, but sometimes the Court will award sole legal custody to a parent based on certain circumstances.  When parents ordered to share legal custody have a dispute about a decision regarding their children, parents can ask the Court to decide in their favor.

Contact Carlson & Work Today!

Receiving a Court order establishing child custody and visitation can benefit families because it creates a custody schedule for children that both parents must adhere to.  Carlson & Work provides representation for parties filing for child custody. Call: 775-298-6403.

Uncontested Divorce

Divorce Law > Uncontested Divorce

Uncontested Divorces In Reno, Nevada

Uncontested divorces are often the preference for parties who can agree on all matters as it relates to finance, custody, and division of assets. However, there is often a dispute about how one of these items should be divided through a divorce. If you are considering an uncontested divorce, Carlson & Work is able to walk you step by step through the process.

Uncontested Divorce with Children

Carlson & Work can assist you with filing an uncontested joint petition for divorce.  Divorcing parties with children can file a joint petition when all of the terms of the divorce are uncontested.  That means that both parties agree on how they will divide all assets and debts.  Parties who file an uncontested joint petition can avoid going to Court and can get divorced quickly.  When filing an uncontested divorce with children, the parties must also agree on the child custody and visitation schedule as well as the child support amount.  Some parties make agreements to waive child support or choose an amount that works better for their family than Nevada law would require, but this requires permission from the Court that an attorney at Carlson & Work can assist with getting granted.  Carlson & Work can help you file your joint petition by negotiating settlement terms including property division, child custody, and support.

Uncontested Divorce without Children

Carlson & Work can assist you with filing an uncontested joint petition for divorce.  Divorcing parties can file a joint petition when all of the terms of the divorce are uncontested.  That means that both parties agree on how they will divide all assets and debts.  Parties who file an uncontested joint petition can avoid going to Court and can get divorced quickly.  Parties may have sole and community property pursuant to NRS Chapter 123.  Carlson & Work can help you review assets and debts acquired before and during marriage to determine a settlement agreement between divorcing spouses.  Parties can also determine if spousal support should be awarded and include that in their divorce agreement.

Divorce Without Children

Divorce Law > Divorce Without Children

Your Case. Our Fight.

Carlson & Work is here to assist you with navigating your divorce under Nevada law.  During divorce litigation in Nevada, the Court will divide the parties’ assets and debts pursuant to NRS Chapter 123. Do not go through a complex divorce alone, contact Carlson & Work today. We will walk through all the options

Community Property Laws in Nevada

Pursuant to NRS 123.220, property acquired by a couple after the date of marriage is community property, subject to some exceptions.  Some parties may receive a spousal support award depending on the length of marriage and disparity in income.  A divorce attorney at Carlson & Work can aid with analyzing sole and community property to ensure the Court recognizes the proper division of assets during your divorce.

Contact Carlson & Work Today

The complexity of family law and the family court can be overwhelming. If you need assistance, please do not hesitate to reach out to Carlson & Work today. We will take the time to walk you through the process and access likely outcomes. At every turn, we will be working hard by your side. Call 775-298-6403.

Divorce With Children

Divorce Law > Divorce With Children

Retain Reno’s Top Rated Divorce Firm Today

Carlson & Work is here to assist your family with navigating a divorce with children.  When litigating a divorce with children, the Court will divide the parties’ assets and debts in addition to ordering a custody and visitation schedule for the children.

Nevada Divorce and Community Property Law

Pursuant to NRS 123.220, property acquired by a couple after the date of marriage is community property, subject to some exceptions.

Pursuant to NRS 125C.0035(4), child custody is determined by analyzing the best interest of the children.

Factors Determined By The Court

When parties with children divorce, the Court will determine child support upon confirming the child custody and visitation schedule.  Carlson & Work represents parties divorcing with children and assists with determining sole and community property as well as arguing the best interests of the children under Nevada law.

NRSc.0035 states that the family court should consider the following when addressing the best interest of the child:

  • the child’s ability to maintain contact with siblings
  • the mental and physical health of both parents
  • the child’s physical and emotional needs
  • any history of abuse
  • the child’s wishes, if the child is of sufficient age and intelligence to decide
  • the child’s relationship with each parent
  • the level of conflict between the parents
  • whether either parent has committed an act of abduction against the child or any other child
  • each parent’s willingness to encourage a relationship between the child and the co-parent

If you need assistance navigating through the complexities of a divorce, please contact Carlson & Work today!

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