Thursday, September 15, 2016

How the Statute of Limitations Impacts Your Personal Injury Case

Clients often want to know if they’ve waited too long to file a personal injury lawsuit after an automobile accident. When you can file a personal injury claim as a result of injuries sustained in an automobile accident is governed by state law, referred to as the statute of limitations. This regulates the time limit an injured automobile accident victim may bring a claim for damages against an at-fault party, alleging that the at-fault party acted negligently or recklessly in causing physical injury and that you should be compensated as a result. If you have sustained an injury as a result of an automobile accident, contact O'Donnell Law Center to discuss your options with a qualified attorney at the Lake of the Ozarks.

Statute of Limitations

If you’ve been injured in an automobile accident as a result of someone else's negligence, you have a limited amount of time to file your claim. In Missouri, the time limit is five years. If you do not file your lawsuit within the statute of limitations period, you loose the right to do so.

People often speak of the statute of limitations, though in fact, there are many statutes of limitations which apply different limitation periods to different kinds of claims.  An example is a medical malpractice claim, which in Missouri has a much shorter statute of limitations period than a claim for damages following injury from an automobile accident.

It can be difficult to calculate and keep track of the various limitations periods, and tricky to determine how the statute of limitations applies to your particular set of facts. To determine which statute applies to your particular type of claim and how it applies to your set of facts, it is always a good idea to consult early with a Missouri attorney. You may have the right to recover damages and a skilled attorney can help you understand and preserve that right.

If you believe you have a personal injury claim as a result of an automobile accident, please contact a Lake of the Ozarks personal injury attorney at O’Donnell Law Center immediately to discuss your potential claim.

We Carry Your Burden ~ You Carry On With Life.

Disclaimer: No attorney-client relationship is created by the publication of this blog.


The choice of a lawyer is an important decision and should not be based solely on advertising.


Phone: (573) 552-0317

O'Donnell Law Center, LLC
1026 Palisades Blvd. Suite 3

Osage Beach, MO  65065


Friday, September 2, 2016

How Property & Assets Are Divided In A Divorce

What do you think are the most pressing issues on divorcing couple's minds? Determining how to divide jointly held property and assets is usually high on the list of priorities. Finding a fair and equitable way to divide property and assets is always essential. O'Donnell Law Center is here to help you get a better understanding how how these elements are typically divided during a divorce.



Identifying All Properties & Assets

The first step a person should take is to make a clearly defined list of all the properties and assets accumulated during the marriage. Such property may include:
  • Your primary residence
  • A second / vacation home
  • Commercial land / buildings
  • Vehicles
  • Boats
  • Valuable jewelry, antiques, and other pieces (or collectibles)
  • Bank accounts
  • Retirement accounts
  • Life insurance policies
  • CDs
  • Stocks
  • Bonds
  • Cash
 
Marital And Non-Marital Property

Missouri is considered a "dual-property" state. This means that property (as it relates to marriage and divorce) can be one of two types: marital or non-marital. Before we discuss how property and assets are divided in a divorce, we must differentiate between these two types of property.
  • Marital property is property that was acquired during the marriage, even if the title is only in one spouse's name.
  • Non-marital property (also called "separate property") is property that one spouse owned prior to the marriage or that was acquired by gift or inheritance. 

The non-marital property will not be factored into the division of assets, as it will automatically go to the spouse who has sole ownership of it. During the divorce, the focus will be determining how to divide the marital property.

Fair (But Not Necessarily Equal) Division Of Property & Assets

The Court's responsibility will be to ensure that all marital property and assets are distributed fairly. It is important to realize that a "fair" distribution does not necessarily mean an equal distribution. There are several factors that the judge must consider that can result in an unequal, but fair distribution.

Contact O'Donnell Law Center For Representation

Having a strong attorney in your corner to advocate for you and to protect your property rights during a divorce can help ease your stress during this difficult time.  We recommend working with an experienced divorce lawyer at the Lake of the Ozarks. If you are filing for divorce in Camden County MO, contact the team at O'Donnell Law Center for help.


We Carry Your Burden ~ You Carry On With Life.

Disclaimer: No attorney-client relationship is created by the publication of this blog.


The choice of a lawyer is an important decision and should not be based solely on advertising.


Phone: (573) 552-0317

O'Donnell Law Center, LLC
1026 Palisades Blvd. Suite 3

Osage Beach, MO  65065