Blog for Warren Allen LLP Attorneys at Law

Last will and testament legal document with fountain pen.

What Do Probate Lawyers Do?

Written by George McCoy on March 11, 2021. Posted in Estate Planning. No Comments on What Do Probate Lawyers Do?

One of the most loving actions a person can take while alive is to give time and careful thought to estate planning. This planning can ensure your assets are passed on as you want them to be and taxed as little as possible, making the decisions after death much easier and simpler for a grieving family. Even with careful planning, questions can still arise after your loved one dies, and it can be necessary to have a probate lawyer help you through the process of settling an estate.

When considering Portland probate lawyers, education, background, and experience are critical. Warren Allen LLP is a full-service local firm with a long history of deep community roots and exceptional client service. Our lawyers have the professional credentials and depth of experience to help you know your rights and responsibilities in the probate process.

At this point, you might be asking if you even need a probate lawyer. In this article, we’ll walk through what probate is, what a probate lawyer is, and what they do. Understanding their important role in how an estate is settled can help you make the best decisions for you and your loved ones’ future.

What Is Probate?

If someone dies owning property, the question of who will own the property next needs to be answered. Probate is the legal process of determining the person or people who will own the property after the decedent, the person who died, assessing assets, debts, and taxes, and distributing what’s left to beneficiaries. This can also be a lengthy process lasting from a few months to over a year. Statutes guiding the process may vary from state to state.

What Is a Probate Lawyer?

A qualified probate lawyer in Portland is an attorney who specializes in estate law to assist clients in all matters related to property, inheritance, and estate planning while still alive and to help administer or oversee the estate after death. A qualified probate lawyer should have successfully accomplished an undergraduate degree and a Juris Doctor, or law degree, from an accredited law school. They also need to have passed the bar exam to practice law in their state. Depending on the state, additional certifications could be needed. Not every lawyer specializes in probate, so understanding a lawyer’s background and experience can help you make the best decision for you and your loved ones.

When Is a Probate Lawyer Needed?

A Portland probate lawyer is needed when an executor or personal representative decides they need legal support to successfully administer the estate they’re entrusted with and avoid any liability should mistakes happen in the process. In many cases, it comes down to personal comfort level. Generally, the more complicated the estate, the more likely a probate lawyer could be necessary. Establishing a probate lawyer as part of your estate planning can make this decision easier. The probate lawyer could be the same lawyer who helped with the estate planning.

It’s possible to act as executor without an attorney, but it does take time, attention to detail, and organization. Executors often have their own full lives to manage in addition to settling the estate. While some estates can be settled without issue, it can be helpful to have additional support during a stressful time to take away guesswork or simplify complicated processes.

Additionally, if the estate is quite large or the debts exceed the value of the estate, a probate lawyer could be necessary to sort out the priorities and obligations. A Portland probate lawyer could also be needed when someone dies without a will and interested parties want their interests represented through the court-supervised probate proceeding.

What Does a Probate Lawyer Do When There Is a Will?

The simplest situation is when the decedent leaves a will that can be authenticated and is uncontested. When this happens, an estate may not need a court-supervised probate proceeding to be settled, and a probate lawyer can help you understand if this is the case. Their work can also look like a consultation, where they only help the executor understand legal definitions and deadlines or answer questions when unexpected issues arise.

In other circumstances, the probate lawyer could provide comprehensive services that provide support at every step of the process, from filing death certificates to the final distribution of assets to heirs or beneficiaries. Should conflicts arise between parties, the probate lawyer could be critical to mediating and resolving issues. A probate lawyer could also interact with the probate court when court permission is needed for various actions.

Here is a list of some of the most common things probate lawyers do:

Locate and secure assets such as insurance or retirement plans
Appraise and sell estate property, including real estate
Retitle for heirs or beneficiaries if the property isn’t sold
Communicate with creditors and settle debts
Determine final income tax returns and file
Understand potential state or federal estate taxes or inheritance taxes
Oversee the distribution of assets to heirs and beneficiaries
Validate or dismiss claims against the estate
Interact with probate court when necessary
Manage the flow of paperwork and deadlines
Mediate conflict between interested parties

What Does a Probate Lawyer Do When There Is No Will?

If the decedent died intestate, meaning they did not have a will or trust, the state statutes will determine how the estate is settled through the probate process. States have laws that govern intestate succession, or how assets are distributed in the absence of a will. Certain assets, such as insurance or a 401(k), will likely have a beneficiary named and will pass directly to the named beneficiary.

For assets that don’t have an established direct line of succession, concerned parties might benefit from a probate lawyer as they navigate the probate proceedings that determine the appointment of a personal representative or estate administrator, learn the legal heirs, and understand how the assets, debts, and taxes will be settled. Even when there’s no will, a Portland probate lawyer will still do many, if not all, of the actions in the list above.

5 Questions to Ask When Choosing Personal Injury Attorneys in Portland Oregon

Written by George McCoy on February 22, 2021. Posted in Personal Injury. No Comments on 5 Questions to Ask When Choosing Personal Injury Attorneys in Portland Oregon

Most of us hope that we’ll never have reason to hire a personal injury attorney in our lives. By definition, you only need the services of a PI attorney when something has gone wrong and you (or someone you love) has suffered an injury or even death. However, not wanting to ever have to hire an attorney to represent you when seeking compensation for injury doesn’t mean that you shouldn’t prepare for the possibility.

Here are some questions that you should ask when looking for personal injury attorneys in Portland, Oregon—or, really, anywhere.

What Does a Personal Injury Attorney Do?

Before you know what questions you should ask a hypothetical PI attorney in the Portland, OR, area, you should know what the purpose of a personal injury attorney is.

An attorney who specializes in matters of personal injury is an attorney who will help people who have suffered a wrong or an injury, typically in an accident of some kind. Given that medical expenses in the United States can often be dire, one of the most critical purposes of a personal injury lawyer is helping you recoup money that will help you pay these bills—so that you aren’t staring down the barrel of medical bankruptcy at a time when you should be focused on healing. The damages you and your attorney will seek can also go toward covering living expenses while off work, and so on.

Whether in Portland, Oregon, or elsewhere, personal injury attorneys will:

Explain your rights. The best lawyers will give an honest assessment of your case as they understand it. What rights do you have that might have been violated? Alternatively, were you doing anything at the time that might make seeking damages more difficult?
Assess and investigate the incident. Some law firms specializing in personal injury may carry out their own investigations of an accident, hiring professional investigators to do things like interview witnesses, take photos of the scene, and other activities to document what happened to you. Your attorney and their staff want to make sure they have a full understanding of the events that transpired.
Advise you as to how to proceed. The legal system can be a tricky, arcane beast even when you aren’t recovering from injury. It’s often tremendous help to have an objective voice that can give professional, experienced advice as to how you should proceed and what steps will make it more or less likely for you to receive the damages you deserve.
Represent you in court. The majority of personal injury claims are settled long before anyone ever steps into a courtroom, but should that step occur, you’ll be well served by having experienced legal counsel to handle the case for you. A trial requires expert knowledge not just of the law, but also of how it is applied—and how to argue it—and that’s why you want a seasoned personal injury attorney to argue your case, whether in a Portland courtroom or anywhere else.

Now that we know the role a personal injury attorney typically holds, what should you look for and what should you ask when you hire one?

5 Questions to Ask a Prospective Personal Injury Attorney

Hiring a personal injury attorney isn’t like hiring a painter or a web design firm, where if the result is subpar, you’re only out time and money and can easily try again. Many times, your first attempt to recover damages over an injury is the only attempt you get; judges frown on repeated attempts to file lawsuits over the same offense. (Setting aside appeals, but we’ll get to that later).

Because of this, you need to make sure your personal injury firm is the best in the business at what they do. Always ask at least these questions, and do your research to get to know the law firm and its staff.

1. Have You Handled Cases Like This Before?

The most brilliant attorney in Portland today might be a fresh-faced young lawyer hot off the bar exam, but that’s not a smart gamble to take. Even veteran attorneys might be fishes out of water when faced with a case that isn’t quite their expertise. Would you trust even an accomplished podiatrist with your eye surgery? Of course you wouldn’t.

Ask your prospective attorney whether they’ve represented clients like you before—and what the outcomes were. If the law firm has handled dozens of cases like yours but hasn’t won any, that might mean you should keep looking.

2. What Do You Think the Outcome Will Be?

On the other hand, a losing record might indicate that cases like yours rarely succeed. Lawyers aren’t psychics or fortune-tellers, but they do understand the law, and when you lay out the facts, they can often give an honest prognostication of where they think this case might go. This isn’t an ironclad guarantee, of course, but it might help you decide your next steps. For instance, if the attorney says you’ll be more likely to see money in arbitration, rather than in a courtroom, you can pursue that avenue.

3. How Will the Billing Be Handled? What Fees Do You Have?

Outside of pro bono lawyers—who may handle your case in certain circumstances—your attorney and their firm will, of course, expect to be paid for their hard work. It’s important to understand the fees that your representation will be seeking and to understand how and when they expect to be paid. Nobody likes talking about money, but it’s critical to ensure you’re all on the same page.

4. What Work Will You Need from Me?

When you sign the contract to officially hire a personal injury attorney, sometimes your work is done and you can leave it all up to your law firm. Other times, the attorney will need you to provide documents, other information, or anything else they can use to build your case. However, most of them will probably tell you not to do any work, like talking to witnesses, on your own—that can backfire.

5. What’s the Strategy for an Appeal?

If you lose a case, you’re usually allowed to appeal it to a higher court. (As are the defendants if the court rules in your favor). It’s important that you assess how prepared a law firm and its attorneys are when it comes to appellate courts. Ideally, you’ll win the case at the first level, but planning ahead is never a bad thing.

These are just some of the many questions you should ask a personal injury attorney when looking for representation in Portland or around Oregon—or the country. You should always consult multiple potential attorneys to ensure that you have the right personal injury firm to represent your case.

To find top-notch representation in the Portland area or for legal consultation, contact Warren Allen.

Male personal injury attorney going over paperwork with female client.

What to Bring When You Meet Your Personal Injury Attorney

Written by George McCoy on February 10, 2021. Posted in Personal Injury. No Comments on What to Bring When You Meet Your Personal Injury Attorney

Experiencing an accident resulting in personal injury or in the injury of a loved one is stressful enough, without the added stress of having to learn how to proceed with a personal injury case. If you’re trying to receive compensation from an accident, legal representation can be a beneficial asset. Though this can initially feel overwhelming, getting all your proper documentation in order before meeting with your attorney can help streamline the entire process and minimize unnecessary stress. Equipped with the proper documents, they can best assist you and your case so you can focus on getting better.

But what documents do you need? To make the process more manageable, listed below are helpful documents to bring when meeting with your personal injury attorney for the first time.

Medical Records

Medical records pertaining to injuries sustained during the accident and any treatment received are critical information for a personal injury case. This documentation provides a record of the severity of the injury and how much treatment was required, as well as proof of treatment corresponding with the date of the accident. This information is foundational in establishing that the injury is real and required medical treatment and that the treatment is directly related to the accident.

Bring any bills or doctor’s notes, as well as any photographs. If you’re uncertain if it’s relevant, bring it anyway. It’s best to have comprehensive documentation. Bring any relevant paperwork received from visits to the hospital, doctor’s office, physical therapist, or specialist.

Witness Contact Information

After you have been in an accident, it’s important to get the contact information of anyone who witnessed the accident and is willing to provide their information. Make a record of their full name, address, and phone number. If there are any written statements involved, bring copies of those as well. If you don’t have any statements, the contact information will help your personal injury attorney obtain any necessary statements.

Accident Report

If you were in an accident caused by another person, filing a police report is helpful in establishing who is at fault. The accident will be on record and the police may investigate if necessary. Both parties’ claims will be on record in detail as well as a description of the scene. If you have any photos from the scene, including photos of your injury or damage to your property, bring them as well. Both the accident report and any relevant photos taken will be an aid to verifying your claim.

Insurance Information

You will also want to report your injury or accident to your insurance provider. Keep records of any correspondence with your provider. Make copies of emails exchanged and make notes of phone conversations, including dates and with whom you spoke. If another party is at fault, you will need their insurance information as well.

When meeting with your attorney, make sure to bring copies of your insurance policy. If you were in a car accident, you’ll need to include a copy of your automobile insurance policy.

Financial Records

Make sure to keep records of any costs you have incurred as a result of your injury and any other related damage. This means saving receipts for medical bills or repairs for damaged property. If you had to buy any goods or services because of your injury, keep the receipts. If you had anything fixed because of an accident, keep those receipts as well.

You should also keep track of lost wages. If you lost any time from work due to your injury, bring documents that show what dates you missed and the pay lost from missed work. These could include pay stubs, payroll documents, or your W-2 form. Make sure to keep a log of any dates you missed from work, even if you can’t find supporting paperwork.

Personal Account

In addition to official documents, it’s helpful to keep a written journal detailing the events related to your injury and any other pertinent information. Keep records of your injuries and any damage through writings and photos. It may be helpful to get a notebook dedicated to journaling and detailing injuries, damage, symptoms you’re experiencing, as well as your experiences.

A key element to include in your personal recordings is a timeline of events. It’s easy to forget details or get the order of events mixed up, especially as time passes. Writing down your personal account will help you remember the details of what happened: when it took place, the order of events, what and how it happened. This will not only help you remember what happened, but it will also help you present the important facts of your case to your personal injury attorney.

Additional Information

Other important information to include in your personal account are the names, addresses, and numbers of services obtained or other parties involved. This can include the ambulance service, emergency room, business addresses and names of doctors or specialists who treated you, witnesses, insurance adjusters you spoke with, other people involved in the accident, and anyone else you spoke to about the injury or accident. Make sure to include the dates you were admitted to the hospital or emergency room and dates of work missed.

If you have any questions or need advice, contact our expert team at Warren Allen LLP. Our firm offers legal representation as well as advice for anyone who has been affected by an accident. We will help you to receive compensation and the best resolution possible. If you don’t have legal representation, an insurance company may attempt to minimize the amount you receive. Contact our firm today and find the representation and advice you need, as well as the best options available to you.

Personal injury because of an accident can be scary and overwhelming without proper support and help. However, the right tools and people in your corner can mitigate the entire process. Equipped with the proper documents and a skilled attorney, you can better obtain proper compensation with peace of mind during this trying time.

Power of Attorney legal document with fountain pen.

What Are the Types of Power of Attorney?

Written by George McCoy on January 20, 2021. Posted in General Law. No Comments on What Are the Types of Power of Attorney?

Power of attorney is a legal document that gives one person the power to represent or act on behalf of another person in business, private affairs, or any other legal matter. For instance, it can be used to allow one person to sign a contract for someone else, make financial transactions, make health care decisions, and so on. In fact, a power of attorney may be the most important of all the legal documents there are. Because of this, it’s not a decision to be taken lightly and should be discussed and researched first by all parties involved.

The person who is giving the power to another person is referred to as the principal, grantor, or donor. The person receiving the power is referred to as an agent or attorney-in-fact. The agent is able to make the power of attorney very broad or can limit it to just certain acts. There are four different types of power of attorney for you to choose from—special or limited power of attorney, general power of attorney, durable power of attorney, and springing durable power of attorney.

1. Special or Limited Power of Attorney

If you don’t want to give someone the ability to act on behalf of all of your rights, a special or limited power of attorney is likely what you want to choose. It gives the agent the power to act for you in only a very specific, limited purpose. There will be a specified time in the document when the power of attorney privileges end.

Common uses of a special or limited power of attorney include granting the agent the ability to sell a home or other real estate, sign a deed on behalf of the principal, or cash checks payable in the principal’s name.

2. General Power of Attorney

As the name suggests, this is the broadest level of power of attorney, and it’s quite comprehensive. With a general power of attorney in Oregon, the agent can act entirely on behalf of the principal. Any rights the grantor has are now shared with the agent. This means that the agent can manage the principal’s personal finances, including opening accounts and signing for them. The agent is also able to file lawsuits, make financial investments, manage the business, apply for benefits, collect debts, cash checks, and purchase or sell things all on behalf of the principal.

To revoke a general power of attorney arrangement, the principal needs to legally take it away, become incapacitated, or pass away.

3. Durable Power of Attorney

Whereas a general power of attorney is revoked when a principal becomes incapacitated, a durable power of attorney endures. This means that you should assign someone as a durable power of attorney in Oregon when you want to give them authority only if you’re not able to act on behalf of yourself or if you want to give them an immediate authority that will continue after you become incapacitated. This form of power of attorney can be limited or general in scope. A durable power of attorney in Oregon will remain in place until the principal’s passing or if they revoked it before becoming incapacitated.

A common reason people choose a durable power of attorney in Oregon is if they have been diagnosed with a disease such as Alzheimer’s. By choosing a durable power of attorney, you’re making sure that there is someone who can begin to act on your behalf or continue to act on your behalf when the disease progresses to a level where you’re no longer able to act on your own.

If you don’t assign a durable power of attorney and become incapacitated, a court will have to appoint a guardian or conservator for you, which is why it’s good to assign a durable power of attorney sooner rather than later.

4. Springing Durable Power of Attorney

As you may be able to tell from the name, this form of power of attorney is similar to a durable power of attorney, but it only begins once a specified event has happened where the principal has become incapacitated. Because of this, it’s very important that if you choose this type of power of attorney, you are extremely careful in the document to determine the standard for what would trigger the power of attorney to become effective. Both the principal and the agent need to understand what triggers this springing durable power of attorney to begin and make sure that it’s crystal clear in the document so there won’t be any misinterpretation.

Not every state in the US has this type of power of attorney, but there is springing durable power of attorney in Oregon if this is an appropriate option for your situation.

Some Considerations Before Sign the Paperwork

Becoming involved in a power of attorney privilege is an important decision and responsibility for both parties. If you’re the principal, you’re allowing someone else to act on behalf of you. Therefore, it’s crucial to understand the different types of power of attorney first to ensure you’re choosing the type that’s correct for you and will benefit you the most. It’s also important that you assign a power of attorney prior to becoming incapacitated.

If you’re considering naming a power of attorney in Oregon, at Warren Allen LLP, we’re here for you. We’ve been serving Portland and the Pacific Northwest since 1971 and have a thorough understanding of power of attorney. Please feel free to reach out to us. We’re happy to discuss the topic further with you and hear about your needs. We can then help to assess your situation and provide you with a recommendation as to which power of attorney we would recommend for you. We understand that this is a big decision to make, and we’re here to guide you through the process and make it a bit easier.

Man with personal injury to foot and crutches on laptop computer.

What Constitutes a Personal Injury?

Written by George McCoy on January 8, 2021. Posted in Personal Injury, Uncategorized. No Comments on What Constitutes a Personal Injury?

Hopefully, you’ll never have to deal with a personal injury case. However, you could get caught in an accident and need help navigating how to handle it. That’s where our experienced team at Warren Allen LLP can help. It’s always good to be careful, but when something blindsides you, our representatives are here to get you the compensation you need.

A personal injury case begins when you experience an accident that results in you being injured or in the death of a loved one. So, what constitutes a personal injury?

Here are four facts about personal injury cases to help you get started.

1. Personal Injury Is Not the Same as Bodily Injury

The terms personal injury and bodily injury are sometimes used interchangeably, but they have two different meanings. If you have a personal injury lawsuit, that means you’re a plaintiff looking for compensation because you’re a victim of an accident or a social wrong (as in a defamation of character case). The defendant is the person you’re suing for compensation from. Their negligence caused an injury to you.

For instance, consider a situation where the manager of a store fails to fix a loose railing for the stairs and doesn’t post any signs about it to warn people against using it. While in the store, you use the railing, fall down the stairs, and break your leg. In this case, you can ask for compensation for your medical bills and lost wages while you recuperate.

If you have a bodily injury case, it’s most likely in the context of a car accident. If you sustained bodily injury in a car accident, the at-fault driver’s insurance will pay out compensation to you, whether you’re a pedestrian, another driver, or a passenger in another car. This compensation can be for out-of-pocket medical expenses, treatment procedures (such as x-rays, specialist doctor’s visits, and physical therapy), and transport to the hospital. Other plaintiffs have been known to receive compensation for pain and suffering, but this tends to be rare in bodily injury cases, as insurance companies typically pay out for physical injuries.

2. It’s All About Negligence

Remember the example of the stairway railing? Imagine instead that there had been a prominent sign posted stating not to use the railing or that the railing was going to be fixed soon. If you still used the railing, fell, and broke your leg, you probably wouldn’t have much of a case because the store was not being negligent.

In a personal injury case, you also need to prove that there was negligence on behalf of that company. This railing example would be known as a premises liability lawsuit and can be filed against the person or entity in control of those premises. Personal injury claims come up frequently in cases where there are defective products, professional malpractice, or abuse as a result of nursing home negligence. The most common personal injury cases tend to be car accidents, product liability, dog bites, and slip and fall accidents.

3. Compensation for a Personal Injury Claim

There are two kinds of compensation you can expect from your personal injury claim: economic and non-economic.

Economic compensation is what most of us think of when we think of compensation: money to pay for our actual losses, that is, medical bills, out-of-pocket expenses, and lost wages.

Non-economic compensation is a little different. You’re still being paid money, but it’s to compensate for the damages of pain and suffering, which may not have a monetary value. Some states have a set “cap” for these pain and suffering cases, so you cannot win more than that set amount for your case.

An example of a pain and suffering case would be a medical malpractice claim, such as if a doctor failed to diagnose or misdiagnosed your symptoms. They could have also misread or ignored laboratory results or failed to order the proper tests (or failed to order tests at all). This is negligence on their part and is a violation of the standard of care. In this case, however, it’s not enough to have suffered the malpractice. You also must show that you were injured due to their negligence or that your injury resulted in significant damages.

4. What Is the First Thing I Should Do After an Accident?

The order of operations is important, and you should make sure to have all your ducks in a row. This makes everything move a lot faster (having all of your information ready to go may also lend you a little more credibility) and will get you your compensation faster.
After an accident, make sure to gather information for the other people involved. Gather names, phone numbers, and addresses for the people who injured you and for any witnesses. Keep a careful record of your symptoms, injuries, doctors’ visits, payments you’ve made, wages you’ve lost, and other information that seems important. Take pictures of the space, of the vehicles, and of your injuries, and write everything down as well. Include medical treatments that are recommended for you by medical experts and how much those treatments cost.

Representation

Individuals can represent themselves in cases like this, but it’s not really recommended. Besides, you’re still recovering from an accident that’s probably sapping your energy and causing anxiety. It may cost some money to hire a personal injury lawyer, but having a professional in your corner who knows what they’re doing, who can investigate your claim, who knows your rights, who can speak with your insurance company, and who can argue your case in court will give you great peace of mind. You’ll feel a lot better than if you were trying to handle it yourself.

The more information you can assemble about your situation, the easier it will be for one of our personal injury lawyers to argue your case and help you with your recovery, both mentally and physically. A good personal injury lawyer will also know which questions to ask and how to further investigate and gather other evidence to help your claim, such as gathering surveillance camera footage, finding additional witnesses, and obtaining police reports.

If you’ve been in an accident, the Warren Allen team can help you get back on your feet as soon as possible. Insurance companies will try to minimize the payments you receive, but we’ll fight for your fair compensation after an accident or injury. Contact us today.

Petition to file for divorce form with hand with pen.

How Do I File for Divorce?

Written by George McCoy on December 22, 2020. Posted in Family Law. No Comments on How Do I File for Divorce?

Divorce processes can vary from case to case, depending on the parties involved. Though some can be long and complicated, others can be fairly straightforward. Understanding the process of how to file for divorce can help prevent unnecessary delays and complications. Before you begin the process, be prepared by learning the basics of what steps you will need to take.

Residency Requirements

Before you get started, you must first determine residency and where to file. Most states require that you or your spouse have resided in the state in which you’re planning to file for at least six months. Some states also require three-month residency within the county where you’re filing. The residency requirements can differ from state to state so make sure you do a search of your state’s specific conditions.

Reason for Divorce

All fifty states are no-fault divorce states, though some states still provide the option to allege fault if desired. “No fault” means that only one spouse needs to file a petition, and they may do so without filing a fault-based complaint. The filing spouse may claim “irreconcilable differences” and can have the marriage or domestic partnership dissolved, regardless if their spouse consents or not.

Some states require a separation period before you can file for divorce. States such as Oregon and California don’t require such a period of separation. As each state has different requirements, it’s best to look up these specifications.

Filling Out Forms

Now that you have determined the requirements for filing, the first step is preparing the necessary documents. Often, domestic relations law provides two types of dissolution. The simplest procedure is summary dissolution, which is an uncontested divorce. The other is complex dissolution, which means the divorce is contested.

If your marriage or domestic partnership has limited issues, you may be able to file for a summary divorce. Some of the requirements include:

Being married for 10 years or less
Neither spouse is pregnant
No minor children involved
No real estate owned
No more than $15,000 in debt
Personal property values less than $30,000
Petitioner waives the right to alimony and temporary orders

If you don’t meet these requirements, you’ll have to file for a complex dissolution. Depending on which dissolution you choose, each requires specific forms. If you and your spouse have biological or adopted minor children, additional forms will be required.

Regardless of which procedure you use, your documents must include a petition for divorce and a summons. The petition for dissolution will outline for both the judge and your spouse what you’re asking for in the divorce. The summons is a document notifying your spouse that they need to appear in court. It also includes instructions prohibiting moving out of state with joint children and written consent required for obtaining passports for the children.

Reviewing All Forms

It’s imperative your forms are reviewed for accuracy. Though the court may have resources to help you review these forms, you may want to consider working with a family law attorney. If your forms are not in order and any of the information is inaccurate or incomplete, this can affect the outcome of the divorce.

Making sure that you have all the necessary forms to successfully file for divorce can be difficult without help. Each case has its particular needs. Do you require alimony? Division of property? Child custody? A do-it-yourself approach may affect the outcome in an undesired way. If you need legal advice and representation, contact our expert team at Warren Allen LLP. Our experienced family law lawyers are able to help with your unique situation and needs.

Filing Forms

Once your documents have been thoroughly reviewed, it’s time to file them in the appropriate county. Turn in the petition for dissolution with the Circuit Court Clerk’s office in the county where you or your spouse resides.

When doing so, you must also pay any fees associated with filing for divorce. If you cannot afford the fees, it’s possible to ask the judge to waive or defer the fees. However, you’ll have to fill out court papers documenting a low income.

Serving the Forms

Unless you’re filing for divorce with your spouse as co-petitioners, the law requires you to inform your spouse of the intended divorce. This is done by serving your spouse with copies of the divorce petition as well as all other paperwork filed with the court. This can be done by mail or by personal service.

Personal service doesn’t mean that you can personally hand the papers to your spouse. They must be served by another adult over the age of 18. Once the papers have been received, your spouse signs a “Proof of Service” or “Acceptance of Service” form (depending on the state). If your spouse refuses to sign, you can hire a private process server or pay a fee for the county sheriff to deliver them in-person.
If your spouse is difficult to locate, you can obtain an order signed by a judge that allows you to publish or post a notice that you have filed for divorce. This may include posting in the courthouse or publishing in a newspaper.

Finalizing the Divorce

After your spouse has been served, there are various options they can take. Your spouse can default, which means they do nothing, or they can file a response agreeing or disagreeing with the terms of the divorce. They have 30 days to file a response with the court.

If your divorce is uncontested, you can write up an agreement outlining the terms and fill out final forms to be submitted to the court.

If you cannot reach an agreement on the terms or your spouse contests the divorce and a compromise through mediation cannot be reached, you must ask the court for a divorce judgment. A trial date will be set and, ultimately, a judge will determine the terms of the divorce.

Having an understanding of how to file for divorce will help, but ultimately, a knowledgeable family law lawyer on your side will better ensure a smoother dissolution and potentially help you achieve your specific needs.

Man and woman exchanging information after car accident.

You’ve Been in a Car Accident: Now What?

Written by George McCoy on December 9, 2020. Posted in Car Accident. No Comments on You’ve Been in a Car Accident: Now What?

Ever heard the saying, “Hope for the best, expect the worst”? That’s the approach you have to take when it comes to car accidents. You need to prepare for the worst because the unexpected can certainly happen.

We never want to imagine ourselves or our loved ones in a car accident. But if we prepare ahead of time, we’ll have a better sense of what to expect if it ever occurs. That makes dealing with what comes next a little easier.

Warren Allen LLP has worked with many clients who have been involved in car accidents. Here’s what you need to know on-scene and what to expect afterward.

Check If Anyone Is Injured

The first thing you want to do if you’ve been involved in a car accident is to make sure everyone is okay. Check those in the car with you and any other people involved in the crash. If someone appears injured and you’re able to call for help, seek medical attention. If the situation is an emergency, call 911 right away.

Even if you don’t feel injured and decline medical attention at the time of the accident, it’s a good idea to consult with your doctor afterward. Some injuries are not immediately apparent, and some people don’t feel pain until a day or two after the accident. That’s why it’s important to get checked out on-site or to schedule an appointment with your doctor as soon as you’re able.

Move Your Car to a Safe Place

You should also make sure that if you’re in harm’s way and you’re able to move your vehicle, you do so. Always make sure you’re in the safest place possible and use your hazard lights to alert other drivers to the presence of your car. If you’re unsure whether you should move your car, ask the dispatcher for advice. Which leads us to the next step.

Call the Police

Once you have checked for injuries and called for help if necessary, you should contact the police. You will need to file a police report to start an insurance claim and to establish who is at fault for the accident.

Once an officer arrives, they will ask questions to determine what happened. Answer them to the best of your ability. If you’re unsure of the answer, it’s okay to tell the officer that.

Try to avoid making assumptions about what may have happened. Provide what details you remember, and be sure to inform the officer of any statements provided by other people that you believe to be untrue.

Also, remember to never assume responsibility for the accident on-scene. Even if you believe the accident to be your fault, stick with the facts and avoid taking the blame until the accident can be properly investigated.

Take Photos

It may take the responding officer some time to arrive. But there are things you can do while you’re waiting.

First, take photos of your car and any other cars involved in the accident. Documenting the scene may help provide evidence to bolster your claim if a dispute arises later.

You may also want to jot down a few notes about what happened in case you’re asked to recall something about the accident later on. You should also take photos of any visible injuries you have as a result of the accident.

Exchange Information

Once the officer arrives on the scene, they should collect insurance and ID information from everyone involved and help facilitate its exchange. However, you can also gather this information yourself as you’re waiting for the officer to arrive.

If you collect this information yourself, be sure to ask for the names and contact information of all the drivers and passengers involved in the accident, including driver’s license numbers. Ask for their insurance companies and policy numbers and jot down information about the cars involved, such as make, year, and model. Also, make note of the license plate numbers.

If there are any witnesses on the scene, be sure to get their contact information as well. The responding officer should provide you with a copy of the police report with the officer’s name and badge number on it, but if not, jot it down. Finally, make note of the accident location with the exact address if you have it.

Contact Your Insurance Agent

You should contact your insurance agent to file a claim as soon as possible, but you’ll want to complete the other steps first because your insurance agent will need this information to process the claim. For instance, your agent will likely ask you for the police report number and for the insurance information of the other people involved in the accident.

Your insurance agent will then go over the claims process. For example, if you require medical attention, your insurance agent will let you know if your medical expenses are included in your coverage. Your agent will also inform you of any deductible you need to pay or any other out-of-pocket expenses for which you’re responsible.

If your car is damaged and needs to be towed, your insurance agent should be able to contact a tow company for you. Your insurance agent will also have a list of repair shops for you to choose from for your repair work. And if you need a rental car, your insurance agent can make a reservation for you.

Keep a Record of Receipts

Be sure to keep a record of all receipts for expenses made as a result of the accident. For instance, if you need to take a ride share service to the rental car company, be sure to retain that receipt.

Keep a record of all expenses you incur related to the accident. Your insurance company may reimburse you for them, which is why it’s important you keep a detailed record.

Contact an Attorney

Hopefully, the above steps are the only ones you’ll need to complete. However, sometimes disputes arise over who is responsible for the car accident, and you’ll need to obtain legal representation. Or you may have suffered serious injuries as a result of someone else’s negligence, and you will need to retain a personal injury lawyer.

If either of these situations occurs, you’ll want to have an advocate on your side to help you navigate them. That’s where Warren Allen can help. We can provide advice, help you resolve disputes, and ensure you get the compensation you’re entitled to receive.

A car accident is a terrible thing to experience, but we want to make what follows go as smoothly as possible. That’s why we work to get you the best resolution we can.

Personal injury attorney shaking hands with male client and his wife.

What Are the Responsibilities of a Personal Injury Lawyer?

Written by George McCoy on November 20, 2020. Posted in Personal Injury. No Comments on What Are the Responsibilities of a Personal Injury Lawyer?

When you experience a personal injury, which can be an injury to the mind or body, it isn’t always easy to get the compensation you deserve. Figuring out who will pay for your expenses can be a huge hassle, and finding a way to get it resolved may seem impossible on your own. Though it may seem simple enough to prove your injury, this process can often become more complex and require a professional eye to investigate, prove, and argue your case.

A personal injury lawyer will assist you in receiving compensation after suffering from such an injury by doing the handwork, which involves more steps than you’d expect. Our lawyers at Warren Allen LLP serve Oregon and have experience with many types of personal injury cases. We can provide the help you desperately need during situations like this. A personal injury lawyer takes on a variety of tasks to ensure that you get the compensation you deserve. Here are a few of the responsibilities that personal injury lawyers have.

Be Qualified and Educated

Not everyone is qualified to represent you and your personal injury case. A qualified personal injury lawyer will have completed extensive education to receive their title, giving them the knowledge to navigate your situation in the smartest way possible. This includes obtaining an undergraduate degree and then going on to complete training at an accredited law school.

After obtaining both degrees, an individual will also have to take a series of tests to prove their knowledge of the law. The Law School Administration Test (LSAT), Multistate Professional Responsibility Examination (MPRE), and the bar exam are all tests that personal injury lawyers are required to pass. Depending on the state you live in, there may be even more examination requirements for your lawyer. A professional personal injury lawyer will have made these qualifications their responsibility before providing services.

Investigate the Claim

Once you hire a personal injury lawyer to take on your case, that person will be responsible for gathering the information needed to prove your right to compensation. This goes much further than a simple “he said, she said.” A personal injury lawyer will collect significant evidence to support your case. This can include acquiring surveillance footage of your accident, finding witnesses, hiring an investigator to further look into the situation, and obtaining police reports.

These lawyers will gather all the necessary information and examine it as evidence to support your case. Gathering all of this evidence can be a difficult task, but having enough of it can make the difference between winning and losing your case. A good personal injury lawyer will take this responsibility seriously and do everything in their power to gather as much evidence as they can.

Explain Your Rights to You

Not everyone is as well-versed with the law as a personal injury lawyer, and that’s okay. The education that a personal injury lawyer receives gives them more knowledge than the average person about the law, which can be a relief when you aren’t sure about what rights you have regarding your personal injury. The law was created to protect individuals in situations like this, but it’s up to your team to know which laws can protect you.

It’s your lawyer’s job to explain to you what rights you have regarding your personal injury as well as the compensation you’re eligible for. Once they fully understand your case and have collected the proper evidence, your lawyer will be able to tell you what you should expect from your injury and what you’re entitled to receive because of it.

Communicate with Insurance Companies

Depending on how you sustained your personal injury, you may have to deal with an insurance company that’s in charge of your compensation. Insurance companies may not have your best interests in mind, and they may try to offer you compensation lower than you deserve. These situations can become difficult, and knowing how to properly interact with an insurance company is important.

When you have a personal injury lawyer on your side, you won’t have to worry about having discussions with insurance companies, as your lawyer will handle those interactions. They take on the responsibility of speaking on your behalf and conversing in a way that’s in your best interest. With their knowledge from other cases and education, they can work to negotiate a payment that’s fair for you. This can take a lot of stress off you and allow you to avoid potential manipulation from an insurance company.

Prepare the Client for Deposition

In many cases, a deposition is required. A deposition is the process of giving sworn evidence and can often be an intimidating aspect of a personal injury case. It’s the personal injury lawyer’s job to prepare clients for this deposition, by getting all of the facts together in an effort to produce the most honest portrayal of the events that led to injury.

Though the truth isn’t hard to tell, knowing and remembering all of the details necessary to give a full telling of your situation may take practice. Your lawyer will both prepare you for and allow you to practice giving your deposition so that it’s as complete as possible.

Represent You in Court

No one wants to have to go to trial for their case. A lawyer will do everything possible to have your case settled before it gets to that point. Many personal injury cases can be settled much earlier in the process, such as during litigation or mediation or through negotiations. Still, sometimes coming to an agreement can be a challenge and your case will have to go to trial.

If this is the case, your personal injury lawyer will have the responsibility of representing you at trial. This includes presenting the evidence they’ve obtained to a judge and maybe jury and preparing you beforehand for this experience. This situation and the instances that come beforehand are why hiring a personal injury lawyer is so important. Their expertise can get you through this process and lead you to the compensation you deserve.

What Services Are Offered By Family Law Firms in Portland?

Written by George McCoy on November 10, 2020. Posted in Family Law. No Comments on What Services Are Offered By Family Law Firms in Portland?

Family legal issues are some of the most sensitive topics to discuss, as they are deeply personal and often extremely important. When you can’t come to an agreement within your family about legal matters, it’s often best to enlist the help of a family law firm. Family law firms in Portland, Oregon, can help guide you through those difficult times and help you to come to an agreement that’s in the best interests of you and your family.

Family law firms deal with a variety of issues that can arise within families, including divorces, child custody agreements, adoptions, and much more. With the help of family law firms such as Warren Allen LLP, you can feel at ease knowing that knowledgeable professionals are on your side. If you’re having legal issues within your family, you may be able to benefit from hiring a lawyer from a family law firm. Here are a few of the services offered by family law firms.

Prenuptial Agreements

If you’re considering getting married and want to come up with a way to protect your assets in case of divorce, a prenuptial agreement may be a good choice for you. A prenuptial agreement is a contract that two people sign prior to becoming a married couple. What the contract states will be unique to each couple, but it’s generally a signed contract that explains how their assets will be divided if they get divorced. This could cover topics like property ownership, spousal support, and financial assets.

When the couple signs this agreement, they will have a much easier process of divorce should they ever choose to end their marriage. One of the biggest conflicts that divorced couples have is agreeing on how they will split up the things that they own jointly, but with a prenuptial agreement, those decisions are already made.

When you want to create a prenuptial agreement, you’ll need the help of a family law firm. Family law firms in Portland, Oregon, will consult both parties on which things should be covered in their agreement. They will also be the ones drawing up the agreement and taking care of legalities.

Divorce

Not many people consider the fact that they may get divorced, which often leaves them unprepared when divorce becomes an option. People divorce for a variety of reasons, but most stem from having two people with different ideas for how they want the rest of their lives to go. When it gets to this point, it can be hard for those same two people to come to a mutual understanding about the things that matter most. This time can be intense for all parties involved, which often leads them to need a family law firm to act as a mediator.

A divorce lawyer at a family law firm in Portland can help you to figure out what happens next after you decide to get divorced. Having this third party can make conversations less confrontational and provide needed support in a time of stress and intense emotions. A family lawyer can also help couples come to an understanding before ever having to go to court. With an experienced law firm like Warren Allen LLP on your side, you can ensure that you get what’s fair after your divorce.

Child Custody Agreements

In divorces or separations where the couple has children, figuring out who gets what time with the children can be difficult. With both parties typically very emotionally attached, it can be impossible to come to a fair agreement without the help of a third party. These situations are also more likely to become confrontational. When you enlist the help of a family law firm, a lawyer will help you to fight for the time you want with your child and create a more professional environment to come to that conclusion.

Coming to agreements about child custody can cause enormous tension within families. This is especially relevant in cases where an agreement was attempted outside of the court and one party is failing to uphold that agreement. The benefit of going through a family law firm and drafting a legal agreement is that the law is on your side in the case that someone breaks that agreement. In your contract, there will be specific repercussions for not adhering to the rules of the contract. This helps to hold each party accountable. When dealing with child custody issues, going through a family law firm can be the easiest way to a solution.

Adoption

If you’re interested in expanding your family through adoption, a family lawyer can assist you in navigating the legal requirements. Adoption isn’t as easy as just wanting to bring a child into your home. You have to prove that you’re fit and sometimes be chosen by a birth mother.

Aside from having a lawyer to help you adopt successfully, they can also help you to understand your rights after the child is in your care. Some people run into situations where the birthmother rescinds her offer, there are undisclosed health issues, or a stillbirth occurs. Having a lawyer draw up documents that detail how these situations will be handled beforehand can protect you should any complications arise.

Paternity

If you need to prove the paternity of a child, a family law firm could be of assistance to you. Mothers often choose this route to legally determine the paternity of their child when the father is absent. This allows the mother to file for child support payments from their child’s father by showing proof that the child biologically belongs to them, despite their current role in the child’s life. The mother has a right to these payments, and hiring a lawyer will assist her in obtaining them.

Mothers aren’t the only ones who can benefit from hiring a family law firm to determine paternity. Fathers who are seeking custody of a child can use a family law firm to help them legally establish paternity and go after full or partial custody of that child. Having a family lawyer on your side can help you to understand your rights and speed up the process of obtaining custody.

Car keys on top of Car Insurance Documents

Why Do I Need Auto Insurance?

Written by George McCoy on October 18, 2020. Posted in Auto Insurance. No Comments on Why Do I Need Auto Insurance?

Next to your home mortgage or rent, your car payment is probably one of the largest monthly expenses you have. Toss in gas, insurance, maintenance, and everything else that goes along with owning a car, and it all adds up to one pretty penny rather quickly. With all these extra expenses, it may be tempting to skimp on your auto insurance coverage. But that doesn’t mean it’s a good idea.

Warren Allen specializes in personal injury law, representing people like you and helping them get the most out of their auto insurance. But in order to help you do that, you first have to be insured. Here are some of the top reasons you should carry auto insurance. Trust us, this is one card you’ll always want to keep in your back pocket.

Offers Protection

First and foremost, your auto insurance offers protection should you ever damage your vehicle or experience bodily injury from a car accident. Though you have to pay upfront for auto insurance coverage, it can save you from a major financial loss down the line in the event that you’re in a catastrophic accident.

If you’re the person at fault in a car accident, for example, your auto insurance protects you by covering the cost of repairs. Your auto insurance may also cover property damage if you knock over someone’s mailbox, for instance. Though you may be responsible for paying a deductible, having auto insurance generally protects you by limiting your out-of-pocket expenses if your car is seriously damaged.

But even more important than that, some types of auto insurance also protect you and your family by covering medical expenses that are the result of a car accident. If you injure another person in an auto accident, bodily injury liability insurance will help pay the cost of their medical expenses as well. This type of coverage may even help cover attorney fees if you’re in a dispute and need to retain a personal injury law firm to help resolve complex legal issues. Furthermore, this type of auto insurance coverage is required in the state of Oregon. More on that in just a bit.

Provides Convenience

In addition to saving you money, auto insurance makes things convenient as well. Once you contact your auto insurance company and file your claim, most matters will be handled for you. Let’s say you’re in an accident and your car is damaged. Your insurance provider can arrange to have a tow truck company tow your car to an auto repair shop. They will also arrange for the cost of the repairs, minus your deductible. Your insurance provider will also contact a rental car company to reserve a rental for you while your car is in the shop.

All of these expenses can add up to quite a lot. Not only will the cost of repairs and the rental car be covered, but you also won’t have to worry about making these arrangements on your own. While car accidents can be stressful, your auto insurance provider can minimize that stress by handling all the moving parts that must be addressed following an auto accident.

Gives You Peace of Mind

Imagine walking out of your home to find that your car isn’t where you left it. You search the parking lot and see broken glass. Perhaps someone knocked out a window, hot-wired your car, and drove away with it. What are you going to do? You still have a car payment, and now, if you’re unable to recover your car, you’ll need a new set of wheels as well.

If you have comprehensive auto insurance, you’ll have peace of mind knowing that your car is protected. With comprehensive coverage, you can recover the cost of your car’s value if it’s stolen or damaged because of a break-in. You can rest easy knowing you won’t have to make payments on a car you no longer possess.

Insurance providers also vet the companies they work with and only contract with trusted industry leaders. This means if your car is vandalized or damaged in an accident, you won’t have to worry about taking it to an auto repair shop that’s going to inflate the cost of repairs and perform unnecessary work. You can have peace of mind knowing the repair shop is likely a reputable company that the insurance provider has worked with many times before.

It’s Legally Required

Auto insurance coverage offers many benefits that make it pretty clear it’s a smart investment. But not only is it a wise choice, it’s also a legal requirement in many states. For instance, in the state of Oregon, it’s illegal to drive without liability coverage. If you live here, you’ll need to have both bodily injury and property damage liability coverage. The minimum amount of coverage required is $25,000 per person, $50,000 per crash for bodily injury to others, and $20,000 per crash for damage to the property of others.

There are certain exemptions to the rule. But in most cases, auto insurance is required. Plus, in the long run, the advantages auto insurance provides outweigh its cost. You’ll be in compliance with state law and also have coverage should you be involved in a car accident.

We get it. The costs of owning a car certainly add up. Gas, repairs, insurance, oil changes … the list goes on and on. But the fact remains, you simply cannot overlook the importance of carrying auto insurance. If you have questions about your coverage, need legal advice, or want to retain representation for a court matter involving a personal injury accident, reach out to us here at Warren Allen. We’ll provide you with sound advice to help you save money, as well as protect yourself and your family.