Category: Legal
Calculating a Wrongful Death Settlement
Attorney Todd Worthley specializes in family law and restraining order cases, as well as in drafting pre-nuptial agreements. Todd Worthley also represents clients in personal injury cases, including auto accidents, premises liability, and wrongful death cases.
Wrongful death cases are claims for monetary compensation for the death of someone caused by the negligence of another. In most cases, wrongful death lawsuits are filed against negligent medical professionals, manufacturers, and drivers. Wrongful death cases that are resolved through settlements are based on certain conditions, and therefore, have varying amounts of outcomes.
A wrongful death settlement is calculated by placing value on the deceased person’s life. This value includes his or her earning capacity and income at the time of death, education and training, age and state of health, the ages and circumstances of his or her dependents, medical bills and other related expenses, funeral expenses, and the value of lost benefits like health insurance and pension. Contrary to making a ballpark estimate, the settlement is computed based on objective evidence. The expertise of an accountant or economist may be hired to look at the deceased person’s circumstances to determine the amount of settlement.
The payment of a wrongful death settlement is coursed through the insurance provider of the perpetrator. If the insurance coverage is insufficient to cover the settlement, the responsible party becomes personally liable for the damages, including accrued legal fees incurred in the process.
Based on IRS rules, compensatory wrongful death settlements are non-taxable. In this case, compensation means that the settlement accounts for the pain and suffering caused by the wrongful death. Punitive damages, however, are taxable.
When a Restraining Order is Violated
Experienced and respected lawyer Todd Worthley represents clients in complex family law cases, such as divorce, legal separation, child custody and support, spousal support, and division of property and debt. Practicing in Oregon, Todd Worthley also represents clients in restraining-order cases under Oregon’s Family Abuse Prevention Act (FAPA).
FAPA allows a victim of threatened or actual physical abuse or domestic violence to seek protection, without filing a legal separation or divorce case, by getting a restraining order designed to keep the alleged abuser away. But what should the victim do if the respondent has violated the order?
The victim must call the police. The police can arrest the respondent if an officer finds probable cause that the restraining order was violated. The respondent can face possible contempt-of-court charges, be fined, held on probation, or even incarcerated.
Normally, restraining orders involve the court setting bail. The respondent may be released without bail if judged likely to reappear in court and does not have any contact with the victim. If such conditions are not met, the respondent will remain in jail until paying at least part of the bail, until the court orders a lower bail, or until a court hearing is held to determine if the restraining order was indeed violated.
If found guilty of violating the order, the respondent may receive the maximum penalty of a fine and/or up to six months in jail. Other punishments include a warning or probation, or a fine and a lesser jail sentence.
Oregon State Bar – Legal Services Program
Oregon State Bar
Image: osbar.org
Practicing as an attorney in Portland, Oregon, Todd Worthley represents clients in family law cases, including division of property and drafting prenuptial agreements. Todd Worthley is a member of several professional organizations, including the Oregon State Bar.
The Oregon State Bar was established in 1935 to provide discipline and licensing requirements for attorneys practicing in the state. Currently, the Oregon State Bar has over 14,000 active members, split almost evenly between those who work in the government sector and those in private practice.
The Bar offers several programs through which it provides services to the general public. These include the Legal Services Program, created in 1998 and designed to provide legal aid to Oregonians with low incomes who could not otherwise afford high-quality legal services. Oregon was one of the first states to create a network of legal aid providers. The program strives to help people in a wide range of areas, including gaining access to vital services, jobs, homes, and other family needs.
NOSSCR Holds its June 2017 Biannual Conference in Washington, D.C.
National Organization of Social Security Claimant Representatives
Image: nosscr.org
With more than 25 years of experience as an attorney, Todd Worthley concentrates in the areas of family law, social security disability, and personal injury at his private practice in Portland, Oregon. In addition, Todd Worthley belongs to a number of notable professional groups, such as the National Organization of Social Security Claimant Representatives (NOSSCR).
NOSSCR formed in 1979 to support attorneys and advocates in their representation of individuals with disabilities. Toward that goal, the organization strives to provide crucial legal resources to its members, as well as optimal educational opportunities to better equip them for their work. One way that NOSSCR disseminates news and knowledge is through its biannual meetings.
In 2017, the spring session of the NOSSCR Biannual Social Security Conference will convene June 7-10 at the Grand Hyatt Washington in Washington, D.C. Organizers have set up a program with multiple workshops on pertinent topics like Medicare and medical advisor cross examination. Attendees will also enjoy opportunities to dine and network with colleagues. For more details, visit www.nosscr.org.
Protections Offered by Prenuptial Agreements
Todd Worthley
Image: toddworthleylaw.com
A Portland, Oregon-based attorney, Todd Worthley focuses on family law in his private practice. In addition to his work representing clients in divorce and custody cases, Todd Worthley helps clients create legally sound prenuptial agreements.
Prenuptial agreements are legal agreements designed to protect the financial interests of individuals before they marry. Though these legal contracts are sometimes thought to be just for wealthy individuals, they offer many protections that can be valuable to people from all backgrounds. A properly written prenuptial agreement can:
– Protect each spouse from debt. If one or both parties is bringing debt into the marriage, a prenuptial agreement can protect one spouse from the other’s creditors.
– Protect family assets. Many people make provisions for specific family heirlooms in their prenuptial agreements. In the event of death or divorce, it makes it easier for family businesses or heirlooms to stay in the family.
– Provide for children. When one or both parties brings children into a marriage, a prenuptial agreement can help provide for those children after a death or divorce.
Prenuptial Agreements – An Overview
Todd Worthley
Image: toddworthleylaw.com
As an attorney in Portland, Oregon, Todd Worthley helps clients navigate the world of family law. Issues such as spousal support, division of property, and debts make up much of the work Todd Worthley regularly undertakes, though he also handles areas like prenuptial agreements and issues concerning Social Security Disability.
Prenuptial agreements, commonly referred to as premarital agreements or “prenups,” give couples the freedom to set the terms of property division over the course of their marriage. This becomes even more important when a couple chooses to divorce, as a prenup can protect either party from needing to assume debts incurred by the other party. A prenuptial agreement can also ensure that children from a previous marriage are provided for in the event of the death of one of the parties.
Those interested in pursuing a prenuptial agreement should contact a lawyer and look into state laws regarding fair, valid prenups before signing any documents, as not all prenups hold up in court.
What Is a Restraining Order?
Todd Worthley
Image: toddworthleylaw.com
Since 1991, Todd Worthley has served as an attorney in Oregon, primarily focusing on family law issues like divorce, legal separation, and division of property. Todd Worthley also represents clients pursuing restraining orders.
Also known as protection orders, restraining orders instruct the recipient to refrain from certain activities. Restraining orders can limit distance or actions, and can also mandate that the recipient take certain actions.
Distance-based provisions in restraining orders include “no contact” provisions, which cover all forms of communication as well as physical contact; a “stay away” provision, which provides a buffer zone typically measured in hundreds of feet; and a “peaceful contact” provision, limiting contact to certain circumstances. In some cases, this requires one party to move out of a shared home.
When a restraining order compels a specific action, it often has to do with violence. A restraining order can include, for example, an order to attend counseling, or it can require the recipient to surrender firearms and other deadly weapons.
The Importance of Establishing Paternity
Establishing Paternity
Image: oregonchildsupport.gov
A Portland, Oregon, attorney with more than two decades of experience, Todd Worthley represents clients in family law matters such as divorce and child custody and support. Todd Worthley also has extensive experience in legally establishing the paternity of children.
The Oregon paternity process is set in place for cases in which a child is born outside of marriage. Even in cases where a relationship does not exist, it is critical to establish the child’s biological parentage. This is because the father does not initially possess legal parental rights when the child is born out of wedlock. Until paternity is established, the father cannot resolve child-related issues or pursue child custody.
Child paternity is typically established through DNA or genetic testing. After it is established, the child is eligible to obtain benefits such as inheritance, medical insurance, and Social Security compensation. Establishing paternity also allows children to learn about the medical history of close relatives, which is important when major health issues arise. A legal professional is a valuable resource in paternity cases, as proper counsel ensures that the child’s interests are safeguarded.
Todd Worthley's Wordpress Blog 