Self-Care Following a Car Accident

 

Car accidents are no joke…especially when someone is injured.  Motor vehicles are usually damaged if not completely wrecked, and victims are faced with the conundrum of lost time from work and loss of transportation.  Combine these problems with  personal injuries and other family obligations and it is a recipe for a perfect storm.   In today’s world it’s hard enough to carve out the few minutes necessary for people to take care of themselves, but following a car accident people quickly discover how important self-care truly is.

Why Self-Care is so Important

If police and emergency personnel are dispatched to the scene, the accident is likely serious.  Victims are often taken by ambulance to the nearest emergency room or urgent care clinic for immediate treatment.  Most accidents are not this severe and usually fall under the category of “fender benders.”   In these types of cases, no police or ambulance are summonsed if there are no apparent personal injuries and the property damage is relatively minor.  Even in minor crashes there can be chaos and confusion.   Victims frequently  forget about themselves – especially if there are children.  Because many accident victims report no immediate pain following this type of crash, they exchange information but often do not want to bother with the expense or inconvenience of medical treatment right away.

Victims need to listen to their bodies and follow intuition.  While a victim may not immediately feel pain or exhibit any other symptoms, they may nonetheless be seriously injured, even if the impact from the crash was at low speed.   From a practical and a legal standpoint, seeking medical care following an accident is always a good idea.  Massachusetts is a “no-fault” state, which means all motorists are required to carry Personal Injury Protection (PIP) as part of their automobile insurance coverage.  A PIP-compliant policy must offer at least $2,000 in coverage for medical expenses and lost wages, and victims are often very relieved to know that these expenses will be covered.

Can Self-Care Wait?

Many people erroneously believe that they can take care of others while neglecting themselves.  This is  a fallacy.  Neglecting one’s own needs will only be detrimental to those who depend on them.  Moreover, waiting too long to seek medical care after an accident may result in the insurance company denying the claim.  The injured party must show that the injuries  were causally related to the crash and permitting a large window of time to go by without medical care may be detrimental to a claim.  Many people just assume that pain will subside with time and rest, but this is often not the case.  Using this rationale may allow the insurance company to use this gap in treatment to later argue that the injury was caused by something other than the accident or that the accident wasn’t that serious.

Resolve to Practice Self-Care and Follow Through

Insurance claims aside, self-care is something that is often overlooked and disregarded in today’s society.  Thinking about how to handle the matter and over-analyzing the situation will only make matters worse.  It is okay if the answers aren’t apparent.  Say no to the commitments that are going to unnecessarily add responsibility during the days following a crash.  This is a time to focus on yourself, get the care needed, and consult with an experienced personal injury attorney to evaluate options.

Taxes & Divorce: What You Need to Know

Taxes are unavoidable. As Benjamin Franklin candidly put it “In this world nothing can be said to be certain, except death and taxes.”  For some, divorce may be just as inevitable, but it can also bring a host of complications to tax filing. The following are a few issues that should be taken under consideration as the final month of tax season approaches if you are involved in a divorce this time of year.

1. Determine Your Filing Status  A person’s status at the end of the year determines how they will file their tax return, however, absent an order of the court, there is no obligation to file jointly with a soon to be ex-spouse if you find yourself caught up the middle of a divorce.  Married filing separately is almost always an option, but may result in a higher tax liability.  If your ex-spouse has concealed income in previous years, it may make sense to file separately if the divorce is contentious and is not likely to settle.  It is also important to be mindful that if there is a liability or refund, there may be duties or obligations associated with how it is divided at the end of the divorce process.

If a divorce is final by December 31 of the tax year, a tax payer will file separately from the former spouse for that tax year. Likewise, the custodial parent of the children may qualify for the favorable head of household status. If not, then single will be the default filing status, even if married for part of the tax year.

2. Consider the Tax Implications of Support Child support is not deductible to the person who pays it, but alimony is. Likewise, child support isn’t reported as income, but the recipient of alimony must claim it his or her tax return.  The court however has the power, and parties can agree to designate support as “unallocated” or “family support” so that the tax treatment can be modified to accommodate the need(s) of the parties.  This support structure allows spouses to take support payments that are typically not tax deductible and allows the payer to deduct the payments from his or her income taxes.

While alimony has always been treated this way, child support is usually not tax deductible. Unallocated support allows a taxpayer to merge child support and alimony together so that the payment of both becomes a tax deduction to the payer, and taxable income to the recipient.

3. Review Your Divorce Decree to See Who Will Claim the Children as Exemptions           A properly drafted divorce agreement will contain provisions regarding the right to take the children as tax exemptions.  If the agreement is silent then the right to take the exemption will go to the custodial parent. If the custody arrangement is joint,  the exemption will go to the party who has the child the greatest number of days during the tax year.  More often than not, a divorcing couple will alternate years or use some other method to equitably share the minor children as tax exemptions, but the terms of the separation agreement will always control.

4.  IRS Form 8332 – Don’t Overlook It  If the non-custodial parent has the right to claim the child(ren) as a tax exemption,  the IRS Form 8332 (Release of Claim to Exemption for Child of Divorced or Separated Parents) should be signed by the custodial parent. A copy of this form ought to be filed with the income tax return in order to claim the tax exemptions for children who do not live the non-custodial parent.  As a practical matter, this form is frequently neglected at tax time but care should be taken to make sure it is not disregarded.

5. File First if Exemptions are an Issue It is not uncommon for an argument about tax exemptions to surface before tax time even arrives.  The custodial parent will always have an edge if they are able to file first since the IRS will make the non-custodial parent prove that he or she was entitled to the take the exemption.

6.  Itemize your Statement of Legal Fees Paid During your Divorce Although the IRS prohibits any deduction for the cost of personal advice, counseling and legal action in a divorce, fees paid for tax advice about the consequences of your divorce may be taken as an itemized deduction on Schedule A on the line “other expenses”.  Likewise, legal fees incurred to obtain alimony support order can be claimed as well.  Carefully review the bill from your lawyer to see what, if anything, can be deducted.

7. Consider  Changing Your Withholding on Form W-4 or Making Estimated Tax Payments Divorce can affect a tax situation dramatically and have consequences that carry over into future years despite even the best tax advice.  If there is going to be a tax liability for the foreseeable future, it may be wise to claim one additional exemption for approximately every $3,600 of deductions, including alimony payments. In the case of an alimony recipient, consider requesting extra tax withholding in order to cover any new tax liability. If withholding won’t be enough to cover make up the difference, set up quarterly estimated tax payments to avoid owing taxes and penalties at the end of the coming year.

 

Massachusetts Legal Community Responds to Opioid Addiction Epidemic

The opioid painkiller addiction epidemic in Massachusetts continues to rise despite the media and press attention it has received in recent months.  According to the Massachusetts Department of Public Health, opiod-related overdose death reported between 2012 and 2014 existed in 263 of out of 351 of the state’s municipalities, or about 75%.  Sadly, statewide, 1,089 people, (or 16.5 per 100,000), were killed by opioids in 2014.

Because of the euphoric side effects and associated withdrawal symptoms, these drugs have become increasingly sought after and are frequently sold by prescription holders to third parties.  Compounding this problem is the likelihood of “drug tolerance” which almost always results in the person needing to take higher doses of the opioid in order to achieve the same initial effect. Finally, opioid painkillers have been established to be the biggest risk factor in ultimately causing a heroin addiction.

Massachusetts Lawyers have stepped up the plate to help combat the substance abuse addition in the Commonwealth.

Although  initially used to treat acute, short-lasting pain from injury and longer-lasting pain from cancer, these medicines have been increasingly prescribed to treat chronic pain conditions, like arthritis, over the past 20 years.  In fact, four times as many prescription opioids were prescribed in 2015 in the United States than were prescribed in an average year in the 1990s.

Health officials are working to educate health care providers on safe prescribing, and are educating the public about the risks of opioid painkillers, but the legal community has also begun to play a role in fighting substance abuse.

The Massachusetts Bar Association launched a free legal assistance pilot program in Norfolk county to help residents who are seeking court-ordered inpatient treatment for a friend or family member that is struggling with opiod or other substance addictions.  If successful, the program may also be adopted by Middlesex County in the coming months.

Specifically, the program offers individuals help with Mass Gen. Laws Ch. 123 Section 35, more commonly known as “Section 35” which allows individuals to ask the courts to involuntarily commit substance abusers to an inpatient treatment facility if the abuse puts themselves or others in danger. Once “sectioned”, an abuser can be sent to a treatment program for up to 90 days if a judge determines, following an evidentiary hearing, that there is a likelihood of serious harm to themselves or to others.  The program is the first of it’s kind in Massachusetts and will be coordinated by a toll-free helpline.  The program and will be staffed by volunteer attorneys who will assist petitioners with drafting their “Section 35” petitions.  The attorneys may also make pro bono court appearances when deemend necessary.

“Having a loved one ‘sectioned’ and forced into treatment is not an easy thing to do and often is viewed as a last resort to save someone’s life.  No one should have to go through this alone, ” stated Massachusetts Bar Association President Robert W. Harnais, who created the program.  “Our helpline ensures that for the first time, the people closest to the devastation cause by opioid addiction – the addict’s friends and family members – have the support and legal help they need to navigate this powerful process.”

More information concerning this initiative can be found on the Massachusetts Bar Association Website http://www.massbar.org/norfolkhelpline.