Coia & Lepore, Ltd.

Co-parents, it’s time to get ready for the summer

2024-04-25T23:20:01Z

As summer approaches, co-parents face unique challenges and opportunities when it comes to planning. Thankfully, preparing effectively for the summer months can ease transitions, reduce conflicts and help to better ensure that both parents and children enjoy their time to the fullest. It’s nearly May. Therefore, if you and your ex co-parent and you haven’t started having discussions about vacation plans, camps and other activities, the time to do so is now. This will allow you both to coordinate your schedules and avoid last-minute conflicts. Consider using a shared digital calendar to track your time with the children, important dates and events for the sake of transparency and clearly defined expectations.

Scheduling

Summer often offers a more relaxed pace and spontaneous opportunities. While maintaining a structured schedule is important, flexibility can go a long way in facilitating a smooth co-parenting arrangement. Be willing (when possible and appropriate) to swap days or adjust times to accommodate special events like family reunions, weddings or once-in-a-lifetime outings. This flexibility can enhance children’s summer experiences and promote goodwill between you and your ex. With that said, it’s important to discuss each parent’s expectations and responsibilities for the summer more broadly, including who will handle enrollments in camps, purchase supplies and manage transportation. Without a relatively “set” agenda, it’s going to be hard to set reasonable expectations for everyone, and to plan accordingly. Tools like co-parenting apps can streamline communication and keep everyone informed.

Budgeting

The costs of summer activities can add up quickly. Discuss and agree upon budgets for activities, travel and other expenses, as financial challenges are likely to inspire conflict otherwise. Consider setting up a joint account for child-related expenses or decide how each parent will contribute. This financial clarity can help to prevent disputes and better ensure that children’s needs and wants are met without financial strain. Planning for summertime isn’t always a straightforward process. But, by digging in now, you’ll better ensure that you set a solid foundation for the season well in advance.

A look at some common white collar crimes

2024-04-10T03:26:22Z

It is a common misconception that white collar crimes have no real victims. While these crimes are not violent, it is estimated that they cost victims over $300 billion every year. Thus, tackling white collar crimes is a priority for law enforcement, and the penalties for convictions of white collar crimes can be serious. What are some common white collar crimes?

Insider trading

The corporate world is notoriously competitive, particularly in finance. Brokers can potentially make millions of dollars on a deal if they receive information early and act on it. There are laws in place, however to prevent brokers from gaining an unfair advantage. Trading on information that has not yet been made public is referred to as “insider trading.” Insider trading is a criminal offense that carries harsh penalties.

Money laundering

Money laundering is another common type of white collar crime. There are numerous ways that money laundering can occur, but it essentially amounts to trying to convert illicit funds into legitimate currency. For example, a drug dealer may place money taken from the sale of drugs into the cash flow of a legitimate business. If all the money is then passed through the books as legitimate income, this is money laundering.

Embezzlement

Embezzlement differs from many other white collar crimes because the funds used are generally legitimate. The embezzler is also in a legitimate position to manage those funds. The crime comes from how those funds are used. For example, if a store manager funnels money from customers into their own personal account rather than the business account, this may amount to embezzlement. If you are facing white collar charges, it is essential to seek appropriate legal guidance. This can help you protect your rights and build your defense.

Where to look for truck company negligence after an accident?

2024-04-04T08:12:33Z

The injuries suffered in a truck accident can be severe. Many victims end up with permanent disability and disfigurement, making it nearly impossible for them to live what was once their normal life. The emotional toll, mental devastation, physical limitations and pain, and financial devastation can be oppressive, leaving many victims unsure of where to turn for help. If you or a loved one is one of these victims, then legal action may be your best route to securing relief. A successful personal injury claim filed against both the negligent trucker who caused the accident and their employer could give you a sense of accountability while also providing you with the financial support you need to stabilize and focus on your recovery. But how do you prove a case against a truck company? Let’s look at some places to look for evidence to support your claim.

Evidence to show truck company negligence

First, it’s important to note that many truck companies are held accountable for the negligent actions of their employees so long as the employee was on the clock and performing their job duties at the time of the incident in question. This is known as vicarious liability. That said, here are some places that you can look for additional evidence to support a claim against a truck company:

Maintenance records: Federal regulations require semi-trucks to be regularly inspected so that safety deficiencies are quickly identified and corrected. In fact, truckers are supposed to conduct post-trip inspections and report their findings to their employer. If you can get your hands on the truck company’s maintenance records, then you might find that they’ve failed to correct glaring issues that created avoidable safety issues.
Personnel records: Trucking companies should only hire those who are qualified to safely operate a big rig. If they’ve hired someone with a history of traffic violations or dangerous driving practices, then they’ve knowingly put you and other motorists in harm’s way.
Training records: Before putting a trucker out on the road, a truck company should ensure that they’re properly trained and educated. If they’re not, then they may not know how to safely operate their truck out on the road. This puts everyone around them at risk of being involved in a serious accident.
Trucking logs: Truckers are required to adhere to federal hours of service regulations. If they consistently fail to adhere to those requirements and the truck company is aware of the violations and doesn’t take corrective action, then they’re complicit in pushing tired and fatigued truckers out onto the road, thereby jeopardizing your safety.

How do you access the records you need?

It’s likely going to take some legal footwork. You’ll probably have to issue a subpoena to access the records you want, and deposing witnesses who are familiar with the truck company’s operations may be necessary. In other words, there are ways to get your hands on the information you need to effectively build your truck accident case.

Fight for accountability and compensation after a serious truck accident

You only get one shot at recovering what you deserve from a negligent trucker and their employer. So, be diligent, be aware, and be aggressive in building your truck accident personal injury case. While there may be challenges along the way, you can find effective ways to deal with them. Just be sure to surround yourself with any assistance that you might need so that you increase your chances of turning the page on this dark time and can brighten the next chapter of your life.

Should you consider a pet custody and sharing agreement?

2024-03-28T15:51:29Z

Some Rhode Island lawmakers have worked to enact a “pet custody” law that would direct judges to consider what’s in a pet’s best interests when determining where they will live following a couple’s divorce. Other states have similar laws already in place. A bill addressing pet custody died in the Rhode Island Senate two years ago after passing in the House of Representatives – and raising hopes that the state would no longer consider pets part of a property division settlement along with houses, book collections and cars. It remains to be seen whether a future bill on this subject can succeed. In the meantime, you don’t have to wait for the law to catch up to how you feel about your pet. You and your soon-to-be ex can negotiate an agreement regarding your animal(s)’ custody, support and care. These are sometimes called a pet custody and sharing agreement. You can think of it as a parenting plan for pets.

What should the agreement cover?

What this agreement addresses is up to you. However, it’s wise to include provisions on:

Who will be the pet’s primary caregiver
How often the other spouse can spend time with them (including bringing them to their home for a time) and how far they can take them (for example, on vacation)
How expenses like vet bills, food, grooming, daycare and more will be split
Who will make important medical and end-of-life decisions
How disagreements will be settled

If you have children whom you’ll be co-parenting, you may want your pet to move between homes with them. There may come a time, however, when these transitions become too difficult for an aging pet. With experienced legal guidance, you can negotiate an agreement that takes into consideration what’s best for them. Settling this important matter during your divorce can give you and your family greater peace of mind in this regard going forward.

Are prenups for the wealthy only?

2024-03-14T20:00:14Z

Prenuptial (prenup) agreements are sometimes portrayed to be for the wealthy and celebrities only. But nothing could be further from the truth, as prenups can benefit anyone who wants to get married.

Here is why you may need a prenup:

They can cover most money matters

You don't need assets worth millions of dollars to sign a prenup. This agreement can cover almost all money issues. You and your soon-to-be spouse can agree on how you will handle debt, bank accounts, spousal support, inheritances, real estate and so on if your marriage ends in divorce.

Essentially, you can use a prenup to distinguish the assets that should be considered separate property and how to distribute marital property if you dissolve the marriage, regardless of the current value of your assets.

They can describe the responsibilities of each party

A prenup can offer benefits unrelated to divorce. Some couples use it to list special arrangements, such as management of household expenses, management of joint bank accounts, savings contributions and investment arrangements. Cases of people including household chores, random drug testing and other unexpected clauses are not uncommon.

Thus, you and your partner can agree on clauses that work for you and include them in your prenuptial agreement.

They encourage vital conversation

Whether or not you sign a prenup, starting the conversation can benefit your future marriage significantly. When the prenup topic is on the table, you and your soon-to-be spouse can discuss crucial topics, including debts, income and supporting kids from previous relationships, if there are any, among others. Accordingly, you and your partner can be on the same page before marriage.

Prenups are not just for people living in expensive neighborhoods or reality shows. Obtain more information about this agreement to make decisions tailored to your case.

Managing grief during divorce

2024-03-06T01:17:11Z

Going through a divorce can inspire a host of emotions. While many of these emotions may be positive, there are often some tough feelings that may arise at some point. One of these is grief. Divorce inspires a lot of changes. Some of these might make you feel grief about things you’re giving up or that won’t happen. Grief isn’t necessarily because you’re bidding adieu to your ex.

Prepare for the year of firsts

It may come as a shock when certain things happen over the first year post-split. For example, you won’t have an adult at home waiting on you when you get home and need to vent. That could make you feel sad or upset. The first year after the divorce comes with first holidays, such as Thanksgiving, your birthday and Christmas. There will be considerable changes on those days, so be sure you’re prepared to make new traditions and go through those days differently than before.

Address emotions as they appear

One of the worst things you can do is try to push emotions away without dealing with them. It’s fine to temporarily avoid them if you’re not somewhere that you can work through them, but you should address the underlying issues as soon as possible. The way you deal with these negative emotions can vary, depending on your circumstances. Connecting with family members, friends and mental health professionals may be beneficial as you process this transition. Being prepared for each step of divorce can reduce the stress as you move forward. This will be much easier if you have the assistance of someone who can help you protect your rights.

Three truck accident defenses to prepare for after your crash

2024-03-05T16:28:16Z

It only takes a split second for a semi-truck to cross a center line, fail to brake, or turn in front of you and cause a devastating accident. Yet, that split second can cause a lifetime of physical and mental anguish. As a result of a truck accident, you might suffer from disabling injuries that cause incessant pain, you could experience stress and anxiety tied to your recovery and the hardships you face, and your bank account can take a hit due to your medical bills and lost wages. Although that’s worrying to think about, the good news is that you might be able to find relief through a truck accident personal injury lawsuit. If the trucker who caused your wreck was employed by a truck company, then you can file one of these claims against both the negligent trucker and their employer. If successful, you can give yourself a sense of closure and recover the compensation needed to spur your recovery forward. Before getting to that point, though, you have to anticipate and understand the common defenses you’ll be up against.

Be prepared to counter these truck accident defenses

You may face one or multiple defense strategies in your case. Here are some of the most common that you’ll want to be ready to fight against:

Arguing comparative negligence: A common go-to for truckers and their employer’s is comparative negligence. Here, they argue that you’re at least partially to blame for the accident and thus your injuries. Since Rhode Island recognizes comparative fault, and judgment you win will be reduced by the percentage of fault that’s assigned to you. So, a $100,000 judgement will be reduced to $60,000 if you’re found to be 40% at fault. This can significantly stymie your recovery, so be ready to defend your own driving actions leading up to the accident.
Blaming the trucker: The truck company has greater resources from which to pay for your damages. But they’re not going to fork over any funds if they can avoid doing so. One way they attempt to avoid liability is by shifting the blame onto the trucker. To successfully do so, the truck company argues that the trucker was doing something outside the scope of their employment at the time of the accident, which is often referred to as frolic. If you can, be sure to tie the trucker’s actions back to a benefit received by the employer. Doing so will give you a strong basis for a vicarious liability claim against the trucker’s employer.
Minimizing your injuries: Even if the trucker and the truck company know they can’t escape liability, they’ll do their best to try to show that your injuries aren’t as severe as you claim them to be. They might scour your social media posts to find pictures of you engaged in activities contrary to your claimed physical condition, analyze your medical records to identify pre-existing conditions, or depose you to see if they can find a way to attack your credibility. Be ready to address these attacks.

Don’t get thrown off balance by truck accident defenses

With so much on the line in your truck accident case, you can’t afford to put forth anything less than the best case possible. If you improvise your claim to the smallest degree, then you could be taken by surprise at trial, which could jeopardize your ability to win your case. So, as you start to build your personal injury claim, be sure to anticipate the defense’s positioning and how you can effectively counter it.

How might spouses hide assets during a divorce?

2024-02-17T02:24:10Z

Divorce proceedings typically require that someone disclose their property and debts. Both spouses typically need to provide an accurate accounting of their resources and financial obligations to each other and the courts. All too often, people preparing for divorce decide that the rules don't need to apply to them. They try to hide assets to reduce how much they share with their spouse and how much their spouse receives in the divorce. The other spouse has to locate those assets to secure a fair property division decree. Where should someone look for hidden property as they prepare for divorce?

Household financial records

Tax returns, bank statements and credit card records can provide a lot of insight. Not only can people sometimes find discrepancies that show their spouse has hidden assets from them, but they may also find evidence of where they hid those assets. Charges for safe deposit boxes or storage units could help someone locate assets hidden by their spouse. Other times, people may note discrepancies and decide to secure help from a forensic accountant.

Friends and family

Some people do not put jewelry or furniture in a storage unit but instead transfer it to people they trust. They may simply hide property with people they know or sell the items for a fraction of their value with the intent of buying them back after the divorce. Additionally, some people hide assets in plain sight. For example, they might not claim valuable property that they assume their spouse has no interest in receiving when they divorce. Those concerned about hidden assets and hoping to protect themselves often need support as they prepare for divorce. Knowing where to start looking for hidden assets can help with the preparation process, as can seeking personalized legal guidance.

Five mistakes that could derail your workers’ compensation claim

2024-02-14T21:47:43Z

An on-the-job injury can leave you facing extensive physical pain and financial losses that can rock your stability. While that can be stressful to deal with as you try to focus on your recovery, you could find relief through the workers’ compensation system. If you succeed in filing one of these claims, then you can recover the financial resources you need to cover at least some of your medical expenses and lost wages, providing the support necessary to allow you to focus on your recovery. That sounds easy enough, but the workers’ compensation process contains a lot of nuances. If you make mistakes as you navigate your claim, then you could be denied the resources that you need. That’s why in this post we want to focus on some of those errors so that you know what you need to avoid moving forward.

Mistakes to avoid when seeking workers’ compensation benefits

Even though a workers’ compensation claim may seem straightforward, it can actually be quite complicated. The following mistakes can make the process even more challenging, threatening you with claim denial:

Not reporting your injury on time: There are strict timelines in place for reporting your injury to your employer. If you miss the deadline, then you could be denied benefits. Delaying the reporting of your injury can also give the impression that your injuries aren’t as severe as you claim them to be.
Not seeking out proper medical care: If you’ve suffered a workplace injury, seek medical care immediately. Also be sure to follow your doctor’s recommendations. Failing to do so will make it difficult to show your need for ongoing medical care, and it might even be challenging to show that your injury is so severe as to prevent you from working.
Not documenting the accident: As you move forward with your workers’ compensation claim, you’re going to be asked to recount to the details of the accident that left you injured. If your memory is a little blurry, then your claim may be jeopardized, as your employer may try to argue that your responsible for your injuries because you engaged in horseplay. To avoid this from happening, write down the details of your workplace accident shortly after the event so that you can easily refresh your recollection if you need to.
Lying about your injuries: You’re probably going to be subjected to multiple medical examinations after being injured on the job. When you meet with medical professionals, be honest about your injuries and the limitations they’ve forced upon you. Don’t exaggerate or downplay their severity. Doing so could put you at risk of recovering less than you deserve or being denied benefits outright.
Settling your claim too quickly: To avoid prolonged litigation, your employer’s insurance company may offer to settle your claim. However, quicky jumping on a settlement offer could deny you the financial resources that you would otherwise obtain. Make sure you thoroughly analyze a settlement offer, then, before acting on it.

Don’t be your own worst enemy in your workers’ compensation case

There’s a lot of work to be done in a workers’ compensation case. You don’t want to derail your legal position by making costly and avoidable mistakes. That’s why it’s helpful to familiarize yourself with the workers’ compensation process, as doing so can help you see what you should and shouldn’t do to build up the aggressive case that you need. We know that you’re dealing with a lot as you try to recover from your workplace injuries. Just know that the workers’ compensation process exists to help you, and although it can seem stressful, you can and will get through your claim.

What is the purpose of a postnuptial agreement?

2024-02-06T23:00:13Z

Most people are familiar with prenuptial agreements, which are becoming increasingly common among couples preparing for marriage. However, not many have heard of postnuptial agreements. What is a postnuptial agreement, and is it appropriate for your marriage?

Planning for the unexpected

A postnuptial agreement, also known as a ‘postnup’, is a legally binding contract entered into by spouses after they are already married. Its primary purpose is to protect each spouse’s separate assets and ensure they remain with their original owner, such as:

Inheritance
Family heirlooms
Personal savings
Businesses owned before the marriage

In addition to assets, a postnup can state that each spouse isn’t responsible for the other’s debts. Couples can also outline each party’s financial responsibilities within the marriage, including who will pay for what and how to handle joint expenses and savings. And if the couple divorces, a postnup can specify how marital property should be divided. This can prevent disputes and allow for a smoother divorce process. Another important benefit of creating a postnuptial agreement is that it can ensure that certain assets or property are passed on to children from previous relationships, thus protecting their financial future if one spouse passes away. For a postnuptial agreement to be legally binding in Rhode Island, it must meet the following criteria:

Both parties must enter into the agreement voluntarily
Each party must make a full disclosure of all assets, liabilities, income and expenses
The agreement must be in writing
It has to be fair and equitable to both parties

While a postnuptial agreement can seem unromantic, it can actually strengthen a marriage by eliminating uncertainties and potential financial disputes. Working with someone who can review the agreement will help ensure its fairness and validity and protect your interests.