Charlottesville Attorney: Tips for Auto Accident, Divorce, Criminal, SSD, WC & More

DUI Charge

2012-01-18T12:13:00.000-05:00

DUI Charge - In Virginia law enforcement takes DUI charges very seriously. If an overzealous police office has wrongfully arrested you, or has not complied with sobriety testing standards, you may be able to fight against your DUI charge. Many people believe that they must automatically plead guilty to their charges, but an attorney may be capable of protecting your rights and procuring your innocence.

Please contact us if you need assistance with a DUI charge.

"TGBLaw - Where deep insight equals powerful advantage."

Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
TGBLaw.com
Inquire@TGBLaw.com

Hire An Attorney And Get A Settlement That Is 3.5 Times Higher

2012-01-13T10:32:00.000-05:00

The Truth About Hiring An Attorney For Your Personal Injury Accident Claim

The insurance industry's own research has proven that people who are represented by a personal injury attorney end up with settlements that are almost three and one-half times more than people who try to settle with the insurance company on their own.

In 2004, the Insurance Research Council, a research organization created and funded by the insurance industry, did a comprehensive study comparing the value of settlements people receive for the same injury when they were represented by an attorney versus when they did not have a lawyer. The Insurance Research Council determined that people who were represented by an attorney received almost three and one-half times more, even after the attorney's fees were paid.

In 1995, a national insurance company produced a training manual for its claim adjustors. This document stressed the importance of convincing claimants to represent themselves and not retain an attorney. Why? It explained its position with a number of telling statistics: With settlements under $15,000 injured claimants represented by an attorney averaged $7,450 in a total settlement. Those who represented themselves to the insurance company averaged only $3,464.

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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How much is your PI case worth?

2011-12-05T14:22:00.000-05:00

No one can tell you they know how much your case is worth or how much you will receive when you first meet with them. If they do, RUN! There are those cases with minimal injuries and minimal health care bills that do not require the aid of an attorney.

Why? Because you would get more money in your pocket if you settle it yourself than if you pay an attorney. Talk to an attorney to get an idea of whether or not you need to hire someone.

Generally speaking however, valuing a personal injury case is an ongoing process. As injuries are more fully fleshed out by your physician, as medical bills and lost wages build up, the value of your case increases. Likewise, if your injuries are determined not to be as serious as previously thought or you don’t have as many medical bills or as much wage loss as were originally anticipated, your case will be worth less.

Settling a case before you know the full value, i.e., until your doctor says you are “back to normal” or “as good as you’re going to get”, could cost you a lot of money. If you find out you need further medical care after you have settled, you cannot go back to the insurance company and ask for more.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: How long do I have to file an automobile accident suit?

2011-10-19T16:31:00.000-04:00

Generally speaking, in Virginia, the statute of limitations for personal injury from an automobile accident is two years from the date of the accident. For injured persons under the age of 18, the statute of limitations is generally two years from the date of the 18th birthday.

Certain conditions or events may change the length of the statue of limitations, so you should contact a Charlottesville attorney about your particular case.

Yvonne T. Griffin
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
www.TGBLaw.com
YGriffin@TGBlaw.com

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Understanding Vocational Rehabilitation in Virginia Workers' Compensation Cases

2011-07-28T13:38:00.008-04:00

Vocational rehabilitation requirements in Virginia Workers’ Compensation cases can often be confusing, contentious and lead to needless conflict and litigation between the injured worker and the insurance carrier.

If you are an injured worker, here are a few things to keep in mind when faced with vocational rehabilitation:

You should not be asked to job search or engage in vocational rehabilitation until you are medically released for work. Prior to being released to light duty, the employee is not required to job search.
Rehabilitation providers should attempt to find employment consistent with your pre-injury position and salary level, and take into account such factors as distance, transportation costs, and actual earnings from the potential job.
You should not be advised to withhold information about your injury or job capabilities during job interviews or on applications. But you may not discuss them in such a way as to sabotage the interview or application process.
Employees are not required to give personal or financial information, such as number of children, spouse’s employment or credit history, unless such information relates to a bona fide occupational qualification for employment. You are required to disclose whether you are legally eligible for employment, have a valid driver’s license, or have been convicted of a felony, and to provide your previous employment history.
You are entitled to reimbursement for expenses incurred in rehabilitation efforts. Costs incurred for telephone calls, photocopying, postage and obtaining DMV and other records are also reimbursable, if requested by the rehabilitation provider or a potential employer.
When transportation is a problem, the vocational rehabilitation provider/carrier must make reasonable arrangements is ensure the employee’s attendance at meetings and interviews. This may include forwarding mileage money in advance or arranging transportation, if requested.

Let an experienced workers’ compensation attorney help you navigate the requirements of vocational rehabilitation to ensure you are compliant but not subject to unreasonable job search demands.

As usual, every situation is unique. Please talk with an attorney to find out the specifics about your case.

Firm Partner

Lynn A. Bradley
Tucker Griffin Barnes P.C.
Charlottesville, Virginina
434-973-7474
LBradley@TGBLaw.com
www.TGBLaw.com

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Virginia Alcohol Laws & Parental Responsibility

2011-07-15T16:36:00.001-04:00

Virginia Alcohol Laws & Parental Responsibility

As a parent in Virginia, you have many responsibilities. You are responsible for making sure your child is safe, has a place to live, enough to eat, and goes to school. What you may not realize is that you can also be held responsible if your child – or even someone else’s child – consumes alcohol underage. That responsibility can be not only financial, but criminal.

In a number of Virginia cases in recent years, parents have been charged with the crime of “contributing to the delinquency of a minor” where a group of kids gathered at their home have been drinking.

It is against state law for persons under 21 years of age to possess or consume alcohol. This is a Class 1 misdemeanor punishable by up to one year in jail and/or a $2,500 fine. Purchasing for and/or giving alcohol to a minor is also illegal. In addition to other penalties, some alcohol-related statutes include losing your driver’s license for up to a year.

It may make sense to you as a parent that the kids are safer drinking at your house in a controlled environment that they are running around unsupervised. You may believe that if no one is driving a car, there is no harm. However, Virginia law doesn’t see it that way. You don’t have to buy the beer to run afoul of this law – you just have to let it happen. And whether or not you “let it happen” is ultimately decided by the Court.

If the police show up at your house, it is usually best not to argue with the officer or even try to explain – anything you say can be used against you. The parent’s “knowledge” is often proven by what they said to the police at the scene.

As usual, every situation is unique. Contact a Virginia attorney for specific details.

Firm Partner

Andre A. Hakes

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

Driving on a Suspended License Charge

2011-06-30T11:53:00.002-04:00

Driving on a Suspended License Charge:

Sometimes there are defenses to a charge of driving on a suspended license. You may have moved and not received the notice of the suspension. The officer who wrote you the ticket may have made an unlawful stop of your vehicle.

Many people are not aware that their license is under suspension until they are pulled over by the police and arrested. Although claiming not to have received notice is not a defense by itself, there may be other legal defense strategies an experienced attorney can pursue to keep you on the road with a clean record.

The penalty for driving on a suspended license can vary widely from case to case, but almost always includes an additional period of license suspension. Sentences can depend on the original reason for the suspension, the length of suspension, your driving on the date in question, and your prior criminal or traffic record (or lack thereof).

Jail time is a possibility in some cases, but is not usually given for a first offense in Charlottesville, Virginia and surrounding counties. A third offense conviction for driving on a suspended license due to a DUI charge has a mandatory minimum jail sentence of one year.

Whether you were unknowingly suspended for unpaid court costs, or you make a mistake deciding to drive after a previous traffic incident, DUI, or drug possession charge, you need help. An attorney with experience fighting license and traffic charges can tell you what to expect. They will discuss your options for fighting the charges, or working out a deal to keep the most serious consequences and penalties off the table.

As usual, every situation is unique. Contact a Virginia attorney for specific details.

Firm Partner

Andre A. Hakes

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

For Sale By Owner - How An Attorney Can Help.

2011-06-28T10:59:00.003-04:00

FSBO: By selling your home yourself, you avoid the realtor’s commission, typically 6 percent. This allows you to either lower your asking price, making your house more attractive to potential buyers, or to complete the sale and pocket the commission that would normally go to the realtors. For instance, on a $350,000 house, a 6 percent commission is $21,000.

Although an attorney is not required in Virginia to assist in real estate transactions, a “for sale by owner” seller can benefit from using one. A real estate transaction attorney can draft for sale by owner contracts, help you understand and evaluate complicated offers you might receive from the buyer, handle the closing and act as the escrow agent by holding payments, documentation and earnest money deposits.

When you hire an attorney specializing in real estate, you can be confident that your best interests are being met in the transaction, even without the services of a realtor.

Carol M. Caesar
Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

Are You Disabled? How the Social Security Administration Decides

2011-06-23T09:42:00.004-04:00

To decide whether you are disabled, the Social Security Administration uses a step-by-step process involving five questions. They are:

1. Are you working? If not, there are no barriers to applying. If so, you may still be able to apply, depending on your hours, duties and wages.

2. Is your condition "severe"? Your impairment or combination of impairments must seriously affect your ability to work. Additionally, it must be an impairment, or combination of impairments, that must have lasted or can be expected to last for more than 12 months, or be expected to result in your death.

3. Is your condition found in the list of disabling conditions? For each of the major body systems, there is a Listing of Impairments that are so severe they automatically qualify you for disability. A Listing Impairment, however, is not required to obtain disability benefits.

4. Can you do the work you did previously? If your condition is severe but not as severe as a medical condition on the list, then it must be determined if it interferes with your ability to do the work you did previously.

5. Can you do any other type of work? If you can’t do your past work, then the Social Security Administration looks at whether you are able to adjust to other work based on your medical condition, age, education, past work experience and any transferable skills you may have.

As usual, every situation is unique. Please consult with a Charlottesville attorney for specific details.

Firm Partner

Mary Ann Barnes
Tucker Griffin Barnes PC.
Charlottesville, VA

434-973-7474
MBarnes@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Motorcycle Accident?

2011-06-21T15:29:00.003-04:00

Motorcycle Accident?

With warmer weather as well as higher gas prices, more people are taking to the roads on motorcycles. While motorcycles are an enjoyable and low-cost way to get around, motorcyclists are at higher risk for crashes because other drivers often don’t keep a proper lookout for motorcycles and the bike offers only limited physical protection.

Injuries suffered in a motorcycle crash can be devastating. Even worse, they can result in the loss of life. The medical bills, lost income, and pain and suffering associated with these accidents place a heavy burden on injured motorcyclists and their families. If you or a loved one has been involved in a motorcycle accident caused by the negligence of another, consult a Charlottesville Personal Injury Lawyer.

Our attorneys have handled motorcycle accident cases arising out of a wide variety of circumstances. These include vehicle condition and speed, alcohol or drug use, road conditions and obstructions, traffic, weather and even when both parties may be charged in the accident. Our lawyers are experienced, not only in the courtroom, but as negotiators, in mediation, and in arbitration. They understand the Virginia laws that protect motorcyclists and have experience building successful cases for motorcyclists injured through the negligence of others.

If you’ve been involved in a motorcycle accident, here are a few things to remember:

· Do not fix, repair or dispose of your damaged motorcycle without talking to an attorney. Also, be sure to take photographs of all damage to the bike.

· Your bike can help prove your case. An accident reconstruction expert may be asked to examine your motorcycle and look for physical evidence which may prove fault on the part of the vehicle that struck you or ran you off the road. Occasionally a motorcycle accident happens because the motorcycle itself was defective. Unless you keep your bike in its immediate post-accident condition, your attorney may have difficulty proving a mechanical or structural defect.

· Store the damaged bike under cover and keep it secured. The fewer people who have access to it the better. The defense may contend someone besides you altered or damaged the bike in some way after the accident. Never give the motorcycle to the vehicle manufacturer for “testing” without consulting a lawyer first.

· Keep all owners’, maintenance, and repair manuals for your motorcycle as well as all warranty documents whether or not your bike is a total loss.

· Occasionally a witness will approach you after an accident to render aid or tell you he saw your accident happen. If you are physically able to do so, get the witness’ name, address and phone number. Don’t count on the police investigators to record or keep this information.

Useful insight now = knowledge when you need it later.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: 7 Numbers Every Short Sale Buyer Should Know Before They Buy!

2011-05-20T10:12:00.003-04:00

7 Numbers Every Short Sale Buyer Should Know Before They Buy!

May 19th, 2011 by Leroy Houser
Categories: Short Sales & Foreclosures

An informed buyer is a good buyer, and short sale buyers need more and different information than buyers of conventional properties. One of the top two reasons why short sales fall through is that the buyer “WALKS.” Why do they walk? They walk because they get fed up and tired of waiting – regardless of how good the deal may be. This cannot always be avoided, but the chances of it happening with your buyers can be reduced by giving them the right information.

Just because a property is being offered for sale does not mean it will ever go to settlement, but a salesperson can certainly enhance the chances of settlement by gathering the facts before they offer the contract. Here are some facts to gather from the Listing Agent to help inform your buyer clients. Note: prior to asking these questions, it’s important to get permission from the buyer to ask them, and the Listing Agent will need to get permission from the seller to answer them. This is just the right way to do business.

1. How many offers are being “pended?” Would you get the buyer involved if there were 10 offers already being “pended?” It’s up to the buyer.

2. How long has the property been on the market?

3. How many short sale transactions has the Listing Agent completed?

4. What is the average price of the last five traditional listings that have sold in the marketing area? Why put a buyer through the process of buying a Short Sale property when you could find another property at the same relative price that is a traditional listing? One of the main attractions of a Short Sale property is the PRICE!

5. How many payments has the seller missed? It takes time to complete these sales, and foreclosure could take place prior to a short sale transaction being settled. It’s important to know how long it takes for a property to be foreclosed on from the time of the first missed payment until the “foreclosure sale.”
6. How many second or “junior mortgages” or liens are on the property? Junior mortgages can be a real deal killer.

7. What’s the contact number for a Home Inspector who can inspect the home on a short notice?

The major complaint I hear from REALTORS® about selling short sales is the lack of communication from the bank, and this has been the major complaint since short sales became commonplace. Many REALTORS® I know are now using the services of an attorney to negotiate with the bank, and their success has been noteworthy. Having the attorney write a letter on behalf of the buyer and the seller tends to have a very positive effect on the approval process. After all, “silence” can kill a deal as quick as anything I know, so why not give it a try? Good luck and let me know when I can help you in the future! Thanks for reading!

Excellent advice from Leroy.

Bill Tucker

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
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Legal Tip: Discovering Hidden Assets in a Divorce

2011-05-05T17:20:00.000-04:00

Discovering Hidden Assets in a Divorce

The emotional stress accompanying divorce often overshadows the vital importance of creating a sustainable financial situation that will affect you long after the emotional scars have healed. Although it may not be pleasant, getting a handle on your money and finances is the most important step to protecting yourself in a divorce.

The first step, according to Charlottesville divorce and family law attorneys, is to identify all assets and debts that should be included in the marital estate. Unfortunately, once a divorce is initiated, some spouses will do whatever they can to hide what they feel is their own money. Some spouses maintain hidden bank accounts or other secret financial activities throughout an entire marriage. If these actions are not discovered, one spouse is certain to obtain an unfair settlement.

Tax returns are a good place to start. Go back at least 5 years to look for any inconsistencies in income, the presence of trusts, partnerships or real estate holdings. If your husband or wife is a business owner, corporate or partnership returns may show a change in salary, charging personal expenses to the company, or excessive retained earnings. Tax returns can also reveal hidden bank accounts when automatic deposits to and from a bank account are indicated on the return that don’t match your customary account.

Checking account statements for the past few years might reveal information you never knew about that could make a substantial difference in total assets to be divided. Examine statements for payments you don't recognize and for transfers to unfamiliar bank accounts. Match paystubs with actual deposits made into the account to determine if all income is accounted for, and if any funds are being diverted. As a joint account holder, you can request online access to checking and savings accounts or get copies of prior bank statements to research these issues.

Credit card accounts may show hidden debt that can have an impact on the divorce settlement. Unusual spending patterns may reveal an affair or other spending that does not benefit the marriage.

Joint credit reports obtained for recent loan applications may reveal hidden credit card accounts, assets or debts of which you were unaware. Examine loan applications show income, assets and debt. Obtain a copy of your own credit report as a start.

Brokerage statements track the purchase and sale of securities. If securities are sold and the proceeds are not accounted for, you can be sure that the assets are out there somewhere. Additionally, large deposits may indicate money coming in from an unknown source.

Children's bank accounts could be opened as a custodial account with the intent of hiding assets. In some cases, interest is not reported as income on tax returns, and no return is filed for the children.

Knowing your assets and debts may help you avoid being a victim of an unfair settlement by a lying or dishonest spouse.

Please contact us if you have questions or need legal assistance.

Firm Partner

Laura Blair Butler

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

Legal Tip: When You're Pulled Over

2011-04-26T12:13:00.001-04:00

Charlottesville Traffic Attorney - When You're Pulled Over

While you MUST give correct identification information, you do NOT have to answer any other questions.

False ID to law enforcement is a crime.
False statement to law enforcement is a crime.
Saying NOTHING (other than name, rank $ serial #) is perfectly legal.

You do NOT have to tell a copy why you THINK he stopped you, where you were coming from, or where, or how fast, you were going.

"Cause I was speeding?" -- confession. Officer doesn't need to show he was tracking you, radar was working, or anything else.

As usual, every situation is unique. Contact a Virginia attorney for specific details.

Firm Partner

Andre A. Hakes

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

Legal Tip: Witnesses to Car Accident

2011-04-08T11:35:00.001-04:00

Try to get the names and phone numbers of any witnesses at the scene of the collision. Witnesses who "don't have a dog in the fight" are very powerful witnesses. These witnesses are independent and, therefore, carry a lot of weight with a jury.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: Workers' Comp, Medical Care and Your Treating Doctor

2011-03-10T15:47:00.001-05:00

DO check with a workers’ compensation attorney before choosing a treating doctor. Your employer is required to provide you with a panel of three doctors to choose from and your workers’ compensation attorney can advise you on your rights and responsibilities regarding your medical care and the choice of a doctor from the panel. DO remember that your treating doctor and not the insurance company, its nurse or its vocational rehabilitation worker is responsible for making medical decisions in your case. If you feel that the insurer or its agents are engaging in inappropriate medical management, contact your workers' compensation attorney. DO request a written referral from your authorized treating doctor for therapy or specialist care. The insurance company may not pay for treatment without a proper referral from your authorized treating doctor.

As usual, every situation is unique. Please talk with an attorney to find out the specifics about your case.

Firm Partner

Lynn A. Bradley
Tucker Griffin Barnes P.C.
Charlottesville, Virginina
434-973-7474
LBradley@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Protecting Your Assets

2011-03-03T09:57:00.001-05:00

Make sure you have enough auto insurance to protect your assets. $25,000 of auto insurance is not enough if you own a home or land. You should have enough coverage so that someone cannot take your assets if you cause a collision.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: What The Police Know and Will Not Tell You

2011-02-18T16:37:00.001-05:00

When you're pulled over by the police:

While you MUST give correct identification information, you do NOT have to answer any other questions.
You do NOT have to tell a police why you THINK he stopped you, where you were coming from, or where, or how fast, you were going.
You also do NOT have to agree to let the cops search your car (or anything else).

As usual, every situation is unique. Contact a Virginia attorney for specific details.

Firm Partner

Andre A. Hakes

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

Legal Tip: How To Hire Your Best Personal Injury Attorney

2011-02-10T14:35:00.001-05:00

Ask Questions....

Ask the lawyer questions. This is your case. Do not feel like you cannot ask questions. If the lawyer does not want to answer your questions in a consultation, this is a good indicator that the lawyer will not be open to your questions after you have hired him.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: How To Hire Your Best Personal Injury Attorney

2011-02-04T14:31:00.001-05:00

Meet The Attorney....

Meet with the lawyer – not a staff person. If your initial visit at a firm has you meeting with a staff person rather than the lawyer, more likely than not that lawyer will not be dealing directly with you throughout your case.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: How to Hire Your Best Personal Injury Attorney

2011-02-03T11:36:00.001-05:00

Do Your Research....

Do your research. Check out the lawyer’s reputation. You can ask friends and relatives; check the Internet and Internet rating services; check the state bar to see if the lawyer has been disciplined; ask other lawyers who don’t do personal injury what they know about the lawyer you are considering.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: How to hire your best personal injury attorney

2011-01-28T10:14:00.001-05:00

Shop Around....

Always be a smart shopper for legal services. That means shop around – don’t hire a lawyer just because he is the only one you have talked to. Hiring an attorney is like buying a tomato. You have to feel around until you get the one that feels right. Your personal injury case will be a long process. You want an attorney who knows what she is doing but also who answers your questions, doesn’t talk down to you, and treats you like more than “just another case.” You wouldn’t buy the first car you came across; you’d shop around. Do the same thing with lawyers. Finding the right lawyer is equally important as finding an experienced lawyer.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com
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Legal Tip: How to Hire your Best PI Attorney

2011-01-26T14:50:00.001-05:00

Be More Informed....

Generally speaking, a lawyer who only handles personal injury cases will be more informed and have more experience in personal injury law than an attorney who only does a few cases per year. The lawyer who did a great job representing you for a traffic ticket might not be the best lawyer to represent you in a personal injury case. Likewise, a lawyer that your family has used for years for all types of issues might not be the best lawyer for a personal injury case. That being said, the lawyers who advertise personal injury on TV are not the only personal injury attorneys around. Check the Internet, the yellow pages, bar referral services, and ask others who have had experience with personal injury lawyers.

As usual, every situation is unique. Talk with a Virginia attorney to determine the actual specifics of your case.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Statute of Limitations for Accidents

2011-01-25T16:42:00.002-05:00

DO file a claim with the Virginia Workers’ Compensation Commission. Even if you are receiving benefits from the insurance company or if you believe that your employer has already filed a claim for you, you must file a claim with the Workers’ Compensation Commission in Richmond, Virginia, within two (2) years of the accident in order to protect your rights.

As usual, every situation is unique. Please talk with an attorney to find out the specifics about your case.

Firm Partner

Lynn A. Bradley
Tucker Griffin Barnes P.C.
Charlottesville, Virginina
434-973-7474
LBradley@TGBLaw.com
www.TGBLaw.com

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Legal Tip: How is Child Support Determined?

2011-01-17T16:16:00.003-05:00

How is child support determined?

In Virginia, child support is determined primarily by using statutory numerical guidelines based upon the relative net incomes of the parents and including the cost of the health insurance and child care for the children. The number of overnights spent with each parent is also taken into consideration.

In a limited number of cases, the Court can be called upon to deviate from the child support guidelines, where the Court finds that the application of the child support guidelines would be “unjust or inappropriate.”

Following are a list of factors that the Court can consider in deviating from the child support guidelines: However, there may be a justification to depart from the guidelines based on the following factors:

Actual monetary support for other family members or former family members;
Arrangements regarding custody of the children, including the cost of visitation travel;
Imputed income to a party who is voluntarily unemployed or voluntarily under-employed; provided that income may not be imputed to the custodial parent when a child is not in school, child care services are not available and the cost of such child care services are not include in the computation and provided further, that any consideration of imputed income based on a change in a party's employment shall be evaluated with consideration of the good faith and reasonableness of employment decisions made by the party;
Debts of either party arising during the marriage for the benefit of the child;
Direct payments ordered by the court for maintaining life insurance coverage, education expenses, or other court-ordered direct payments for the benefit of the child;
Extraordinary capital gains such as capital gains resulting from the sale of the marital abode;
Any special needs of a child resulting from any physical emotional, or medical condition;
Independent financial resources of the child or children;
Standard of living for the child or children established during the marriage;
Earning capacity, obligations, financial resources, and special needs of each parent;
Provisions made with regard to the marital property at the time of parties' divorce, where said property earns income or has an income-earning potential;
Tax consequences to the parties including claims for exemptions, child tax credit, and child care credit for dependent children;
A written agreement, stipulation, consent order, or decree between the parties which includes the amount of child support; and
Such other factors as are necessary to consider the equities for the parents and children.

These are considered in context with the financial status, assets, and ability of each parent.

Please contact us if you have questions or need legal assistance.

Firm Partner

Laura Blair Butler

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

Legal Tip: Adoption by close family member

2011-01-12T16:39:00.003-05:00

Adoption by a close family member does not require a home study if the child has lived in the home for three years. This greatly reduces the cost and waiting time of an adoption.

As usual, every situation is unique. Consult with an attorney to find out the full details.

Partner

Mary Ann Barnes
Tucker Griffin Barnes P.C.
Charlottesville, Va
434-973-7474
MBarnes@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Finish Treating Before You Settle Your Personal Injury Claim

2011-01-10T17:59:00.002-05:00

Make sure you are back to normal or as good as you're going to get before you settle your personal injury claim. Once you accept a settlement, you cannot get additional money if you later discover you have additional injuries.

As usual, every situation is unique. Talk with a Virginia attorney to determine the actual specifics of your case.

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Still Too Many Car Accidents In Virginia

2011-01-03T15:16:00.001-05:00

While car crashes are declining nation-wide, in Virginia, a cash still occurs every 4.5 minutes resulting in more than two lives being lost and 173 injuries every day. These numbers seem to get worst during the winter, now that the temperature has dropped below freezing with ice on the roads.

"The best way to protect yourself is to buckle up and avoid distractions. The loss of life on our highways is unfortunate and needless." -- Col. W. Steven Flaherty, head of the Virginia State Police

Firm Partner

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com

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Legal Tip: LGBT Virginia Criminal Targeting Defense

2010-12-30T10:52:00.002-05:00

In 2003, the U.S. Supreme Court struck down the Texas sodomy statute in the case of Lawrence v. Texas, holding that intimate consensual sexual relations between consenting adults are constitutionally protected. That case had the effect of rendering similar laws all over the country unconstitutional. To date, the Virginia state legislature has failed bring its state statute into compliance. The result is that you can still be charged in Virginia with a felony for conduct which the highest court in the land has deemed protected. In some areas, police still conduct “sting” operations targeting the gay community. Depending on the circumstances, a criminal defense attorney may be able to have such charges dismissed.

As usual, every situation is unique. Contact a Virginia attorney for specific details.

Firm Partner

Andre A. Hakes

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

Legal Tip: Guardianship and Conservatorship

2010-12-21T16:41:00.001-05:00

The proceeding to become the medical and financial caretaker for someone is a guardianship and conservatorship action. Many people find this necessary for elderly parents or disabled children/relatives. It requires a brief court hearing with presentation of evidence showing the need for a caretaker.

As usual, every situation is unique. Consult with an attorney to find out the full details.

Partner

Mary Ann Barnes
Tucker Griffin Barnes P.C.
Charlottesville, Va
434-973-7474
MBarnes@TGBLaw.com
www.TGBLaw.com

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Legal Tip: LGBT Joint Property Division

2010-12-08T14:15:00.002-05:00

Gay and Lesbian relationships are in most ways unrecognized by Virginia law. As a result, not only is there no provision for gay marriage – there’s no provision for gay divorce. Ending a long term relationship in which there are substantial jointly held assets can be a huge problem. A partition suit is one way to accomplish the division of property, so that everyone can move on with their lives. Partition can apply to personal property, but is more commonly used to force the sale of jointly owned real estate, particularly if there is substantial equity. If you are stuck in a loveless same-sex mortgage, a partition suit may be the way out.

As usual, every situation is unique. You should always consult a Virginia attorney to find out the full details.

Please don't hesitate to contact me if you have questions or need legal assistance.

Andre A. Hakes

Partner

Tucker Griffin Barnes P.C.

Charlottesville, Va

434-973-7474

Legal Tip: Estate Taxes & January 1, 2011

2010-11-30T17:28:00.001-05:00

Most people do not realize the implications of the Tax Relief Act of 2001 and estate taxes. Come January 1, 2011, estates could be subject to estate taxes if they do not plan properly. Unless Congress acts before then, as of January 1, 2001, estates valued greater than one million dollars could be subject to federal estate taxes.

As usual, every situation is unique. Consult with an attorney to find out the full details.

Partner

Mary Ann Barnes
Tucker Griffin Barnes P.C.
Charlottesville, Va
434-973-7474
MBarnes@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Who Wins -- Mom vs. HIPAA

2010-11-19T17:19:00.003-05:00

Legal Hypothetical:

Sandy, a 16-year old, goes to see her pediatrician because she wants birth control pills. She does not tell her parents she is going to the doctor. Sandy's mom receives a bill from the pediatrician. She calls to find out why she is receiving a bill, the office staff tells her that they cannot discuss any matters related to Sandy's health with her. Sandy's mom says, "Well, I'm not paying unless I know why my 16-year old daughter went to the doctor."

Does Sandy's mom have a legal right to know why her daughter went to the doctor?

No. Under health information privacy laws (HIPAA), healthcare providers are not allowed to give private medical information out without a patient's consent. Only in the case where the patient is unable to consent, such as a child under 12, is the healthcare provider allowed to discuss the child's condition with a parent without the child's consent.

Does Mom still have to pay the bill?

Yes. Under the Doctrine of Necessities, a parent is financially responsible for a minor child's healthcare unless a court has ruled otherwise, e.g., termination of parental rights, custody issues.

As usual, every situation is unique. Please consult with an attorney to determine all of the legal options available.

Auto Accidents
Personal Injury
Premise Liability
Wrongful Death
Medical Malpractice

Firm Partner

Yvonne T. Griffin
Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Not Hiring An Attorney? You Should Still Call.

2010-11-17T14:36:00.001-05:00

Even if you don't plan to hire an attorney to handle your personal injury claim, you should still speak with one before talking about the case with an insurance adjuster. An attorney will tell you your rights and options. An adjuster is not on your side, he is on the side of the insurance company.

Every case us unique. You should always speak with an attorney first.

Automobile Accident
Personal Injury
Accidents
Premise Liability
Wrongful Death
Medical Malpractice

Firm Partner

Yvonne T. Griffin
Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Charlottesville Stepparent Adoption

2010-11-10T13:46:00.003-05:00

Legal Tip: A stepparent adoption is a relatively simple procedure if the natural parent consents. The average time from start to finish for a stepparent adoption is ninety days.

As usual, every situation is unique. Please consult with a Charlottesville attorney for specific details.

Firm Partner

Mary Ann Barnes
Tucker Griffin Barnes PC.
Charlottesville, VA

434-973-7474
MBarnes@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Who Should Pay Your Medical Bills

2010-11-06T16:36:00.003-04:00

Injured in an car accident? Make sure your health insurance pays for all of your medical bills. Do Not ask for the at-fault driver's insurance to pay them. The at-fault driver will pay your medical bills to you directly during settlement of your case -- not to your medical providers during your treatment.

This can get complicated. As usual, every situation is unique. Please contact us if you have questions or need legal advice.

Automobile Accident
Truck Accident
Motorcycle Accident
Tractor-Trailer Accident

Partner

Yvonne T. Griffin
Tucker Griffin Barnes P.C.
Charlottesville, VA
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Medical Expense Benefit

2010-10-26T11:56:00.000-04:00

Generally speaking, in Virginia, medical expense benefit (an inexpensive addition to your auto insurance) can make a big difference if you are in an automobile or car accident. This insurance can pay your medical bills if you don't have health insurance. If you do have health insurance, it can give you extra money in your pocket. Don't assume you have it just because you have "full coverage." Ask specifically for it.

As usual, there are always exceptions to every situation. Consult with a Charlottesville attorney for full details.

Yvonne T. Griffin
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
YGriffin@TGBLaw.com
www.TGBLaw.com

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Legal Tip: Fractional Interest in Property

2010-10-08T16:18:00.002-04:00

Generally speaking, in Virginia, if you own a fractional interest in a piece of property, you can still force the property to be divided, or most likely sold.

Most of the time you will also only pay for a fraction of the legal fee.

As usual, every situation has exceptions. Consider contacting a Charlotesville attorney to find out the full details.

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Inquire@TGBlaw.com
www.TGBLaw.com

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Legal Tip: What Happens to my security deposit at the end of the lease?

2010-09-17T18:00:00.003-04:00

Generally speaking, in Virginia, if you moved out of the property and left it in the same condition as when you first moved in, except for reasonable wear and tear, and if you have paid the landlord all that you owe for rent and other fees, your landlord must return the security deposit to you. In most cases, the security deposit must be returned within in 30 to 60 days from the end of the lease. Be sure to give the landlord your forwarding address so that the security deposit refund can be mailed to you.

If you landlord does not refund your security deposit, it is sometimes helpful to send the landlord a certified letter demanding the refund. If this does not work, you may be able to file a lawsuit for the refund.

As usual, every situation has exceptions. Consider contacting a Charlotesville attorney to find out the full details.

Doron Samuel-Siegel
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
DSamuel-Siegel@TGBlaw.com
www.TGBLaw.com

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Legal Tip: How long do I have to file an automobile accident suit?

2010-09-13T14:40:00.007-04:00

Legal Tip: Bank Wires vs. Cashier's Checks (Real Estate)

2010-07-29T09:50:00.004-04:00

Generally speaking, in Virginia, for many years, it has been our practice to require cashier's checks for all closings. Recently, we have learned the Federal Reserve has been putting a random hld on certain cashier's checks, thus causing our local banks to sometimes not give immediate credit on the check. This Federal Reserve policy is due to the recent increase in counterfeit cashier's checks. One way to avoid the difficulties these holds can cause is to use bank wires instead.

Buyers should arrange with their banks to be able to wire to the settlement attorney the necessary funds to close. As long as the Buyers arrange for the wire ahead of time, this new practice may actually be easier for the Buyers, as they do not need to rush to their bank to get a cashier's check. Also, as the exact amount needed to close may not be available until just before closing, the final amount of the bank wire can be adjusted accordingly.

As usual, every situation has exceptions. Consult with a Charlottesville lawyer to get the full details.

Bill Tucker

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Tucker@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Legal Tip: Don't Sign a Real Estate Contract Unless You Understand it Fully (Contracts)

2010-07-23T16:50:00.004-04:00

Generally speaking, in Virginia, once you sign a contract, there is often no way to back out of the agreement without large costs or risks. So it is important to be sure you understand all parts of the contract. Consulting with a Charlottesville attorney who is experienced with real estate contracts before you sign is a great way to be sure that you don’t find yourself caught off-guard by the “fine print.”

Doron Samuel-Siegel
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
DSamuel-Siegel@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Legal Tip: Miranda Rights (Criminal Defense)

2010-07-23T16:46:00.006-04:00

Miranda rights don't apply until you are actually in custody or arrested. To avoid them, the police will "ask" you to come down to the station "voluntarily", to "clear things up."

They put you in a little room with hidden cameras and microphones, where you are being videotaped without your knowing it. They use psychological interrogation techniques to get you to say things that may hurt you later in court.

They are allowed to lie to you. You are not allowed to lie to them.

How do you protect yourself?
Don't talk. Get a lawyer.

Andre A. Hakes
Charlottesville Criminal Lawyer
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
AHakes@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Legal Tip: Consequences of a Separation Agreement (Family Law)

2010-06-30T13:44:00.007-04:00

Generally speaking, in Virginia, typically, the consequences of a separation agreement are permanent. They do not last only for the period of separation. Speak with a lawyer before signing any written document with your spouse.

As usual, every situation has exceptions. Consult with a Charlottesville lawyer to get the full details.

Firm Partner

Laura B. Butler
Family Law Attorney
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
LButler@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Legal Tip: Take Pictures of Injuries (Personal Injury)

2009-10-27T14:14:00.006-04:00

If injured in an accident take pictures of bruises, cuts and other injuries. Outward signs of many injuries will disappear in days or weeks even though you continue to have pain. Documenting these injuries with photographs will make proving the injury much easier.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Yvonne T. Griffin
Personal Injury Attorney
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
YGriffin@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Legal Tip: Family Law Internet Forms (Family Law)

2009-06-25T11:56:00.006-04:00

Internet Forms:

Generally speaking, in Virginia, be leery of forms from the Internet or using forms given to you by other people. The law in each state is different. Often Internet forms or "second hand" forms are not drafted to be specific to Virginia, even if they say they are. Additionally, the "boiler plate" language included in separation agreements has meaning and could lead to consequences down the road that may not be clear to you at the time you sign the Agreement.

Different "boiler plate" provisions apply in different situations. You should be sure that your separation agreement is legally tailored to meet your needs. Again, use of improper language in a separation agreement can lead to costly mistakes for the future.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Laura B. Butler, Partner
Family Law Attorney
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
LButler@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Legal Tip: Buying Foreclosed or Short Sale Property (Real Estate)

2009-06-18T13:29:00.007-04:00

Buying Foreclosed or Short Sale Property:

Generally speaking, in Virginia, buying property at a foreclosure sale or through a short sale is often subjected to many variables. For example - How long will the short sale process take? does the property have title defects that will cost you money in the future? A real estate lawyer can help you to find answers to these questions and may also be able to protect you from some of the variables. The key is to consult a lawyer before signing any contracts or making any bids.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Doron Samuel-Siegel
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
DSamuel-Siegel@TGBlaw.com
http://www.tgblaw.com/
http://www.tgblaw.blogspot.com/

Legal Tip: Do Not Give Recorded Statement (Personal Injury)

2009-05-21T15:25:00.008-04:00

Injured in an auto accident? Do not give a recorded statement to the at-fault driver's insurance company:

Do not give a recorded statement to the at-fault driver’s insurance company. Many times my clients feel shaken up or disoriented after an accident. The last thing you need to do when you are not feeling quite yourself is to give the at-fault driver’s insurance company a recorded statement about what happened. You may forget important facts or you may not be remembering clearly. Talk with an attorney first or simply do not allow a recorded statement.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Yvonne T. Griffin, Partner

Personal Injury Attorney
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
YGriffin@TGBlaw.com
http://www.tgblaw.com/

http://www.tgblaw.blogspot.com/

Legal Tip: Appealing Your Traffic Case (Traffic)

2009-05-14T09:39:00.007-04:00

The Right of Appeal: Generally speaking, in Virginia you have the right to appeal your traffic case, if it is a misdemeanor, to the Circuit Court after it has been adjudicated in the General District Court. This is an automatic right and your request for an appeal will always be granted provided that you have notified in writing the General District Court of your desire to appeal the case within ten (10) days after it has concluded.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/

Legal Tip: Reckless Driving Stop (Traffic)

2009-05-14T09:19:00.007-04:00

Always remember -- Being polite can make a difference. If the police testify that you were rude or argumentative during a reckless driving stop it could have a negative impact on the charge being reduced or dismissed.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
Inquire@TGBlaw.com
http://www.tgblaw.com/

Legal Tip: Mediation can be useful (Family Law)

2009-05-07T15:02:00.011-04:00

Using Mediation Can Be Useful:

Generally speaking, in Virginia, using mediation for family law cases is a wonderful way to resolve outstanding issues with your spouse. However, it is much better to have an attorney draft the final agreement in order to be sure that all legal bases are covered after you have resolved your issues through mediation. At minimum, be sure that you have an attorney review any documents before you sign them to assist you in examining the documents for potential loop holes or ambiguities. It will cost much more in legal fees to have changes made after the fact and such changes may not even be not even be possible.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Laura B. Butler, Partner

Family Law Attorney
Tucker Griffin Barnes P.C.

Charlottesville, Virginia
434-973-7474
LButler@TGBlaw.com
http://www.tgblaw.com/

Legal Tip: Protect your WC Claim (Workers' Compensation)

2009-04-21T16:02:00.011-04:00

You Must File a Claim for Workers' Compensation Benefits to Protect Your Rights:

Generally speaking, in Virginia, many times the employer or insurance company will voluntarily pay medical bills and lost wages following a work-related injury. In order to protect your right to continued medical and wage loss benefits, you must file a claim with the Virginia Workers' Compensation Commission within a fixed time period.

Generally, you must file a claim for benefits within two years of the date of your work accident. For most occupational diseases, you must file a claim within two years of the date a doctor told you that the disease was caused by your work, or within five years of the date of your last exposure, whichever is sooner.

If you do not file a timely claim, you will risk your right to future benefits. If you have not filed your claim, call an experience workers' compensation lawyer today and protect your rights!

As usual, every situation has exceptions. Consult with a Charlottesville lawyer to get the full details.

Lynn A. Bradley, Partner

Wokers' Compensation Attorney

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

LBradley@TGBlaw.com

http://www.tgblaw.com/

Legal Tip: Get a Written Lease (Landlord/Tenant)

2009-04-16T18:12:00.012-04:00

A written lease is an important tool for both landlords and tenants:

Generally speaking, in Virginia, one important way to protect yourself in a landlord-tenant relationship is to have a written lease that complies with Virginia law. Written leases help landlords and tenants to know and understand their rights. Leases can also prevent future disputes because they reduce the uncertainty of verbal agreements. Consult a lawyer to obtain a lease form that will protect you under Virginia law.

As usual, every situation has exceptions. Consult with a Charlottesville attorney to get the full details.

Doron Samuel-Siegel

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

DSamuel-Siegel@TGBlaw.com

http://www.tgblaw.com/

Injured in an auto accident?

2009-03-16T12:40:00.016-04:00

Involved in an automobile accident? Do not sign consent forms for the at-fault driver's insurance company:

Often the insurance company will ask you to sign a form giving them permission to obtain your medical records and bills. These “consent forms” can allow the insurance company to look at your past medical records as well as the records related to your accident. You do not want an insurance company to tell you that they are not going to pay for your injuries because you were injured years before. Talk with an attorney before signing any forms.

As usual, every situation has exceptions. Consult with a Charlottesville lawyer to get the full details.

Firm Partner

Yvonne T. Griffin, Partner

Personal Injury Attorney

Tucker Griffin Barnes P.C.

Charlottesville, Virginia

434-973-7474

YGriffin@TGBlaw.com

   http://www.tgblaw.com/

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Charlottesville Attorney - Be leery of war stories when separating

2009-03-14T17:39:00.018-04:00

Be leery of war stories. When separating from a spouse, many people will stand in line to give you advice from their own experiences or those experience from others. Information like "Aunt Suzy got alimony for the rest of her life ...","Tom got taken to the cleaners..." or "My brother only gets to see his kids once a month because he is a man..." often misportrays or misstates the situation as it really occurred. Use your friends and family for emotional support. Use your lawyer for legal advice. The advice you receive from a lawyer will be specifically tailored to your case and laws of the state in which you reside.

As usual, every situation has exceptions. Consult with a Charlottesville lawyer to get the full details.

Laura B. Butler, Partner
Family Law Attorney
Tucker Griffin Barnes P.C.
Charlottesville, Virginia
434-973-7474
LButler@TGBlaw.com
http://www.tgblaw.com/

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