PMCW Law

Stereotypically, estate planning is something most people don't think about until they're in their mid-late fifties (or older). After all, estate plans only come into effect once someone dies - it's unnecessary for younger adults to spend time on something that likely won't be needed until much later, right? Wrong. While we hope every person lives a long, fulfilling life, it is impossible to predict when tragedy may strike. Lives are ended prematurely far too frequently. Sometimes, someone's life may not be officially over , but a traumatic brain injury or other tragic accident may drastically limit or impede his ability to make decisions and function on his own.  In any of these situations, having an estate plan already established makes a huge difference. Because it is impossible to predict when these situations may occur, it is important to build an estate plan sooner than later. The attorneys at the Law Offices of Phillips, McElyea, Carpenter, & Wel...

The word "negligence" is used frequently in legal circles. Proving negligence is common in personal injury cases. Since it is such an important aspect of personal injury law, our Lake of the Ozarks attorneys are taking a moment this week to help you get a better understanding of what exactly negligence is and how it relates to different situations. What Is "Negligence"? The dictionary at Law.com gives two primary definitions for negligence: n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances n. taking action which such a reasonable person would not According to this definition, negligence is a careless act that places someone (or multiple 'someones') in danger unnecessarily. The consequences of negligence may range from mild to severe, depending on the circumstances. Negligence may result in a mild accident (such as minor case of whiplash from a driver rear-ending the car in fron...

Plea bargains are legal agreements used in criminal proceedings. As its name suggests, it is a bargain (or deal) offered in exchange for a certain plea. In criminal situations, the prosecution may offer the defendant a plea bargain in order to get the defendant to submit a guilty plea. Plea bargains vary greatly from case to case, but in general, they are used to get the defendant to admit guilt to a certain crime in exchange for a lighter or lesser sentence. In some cases, the defendant may also be able to have certain charges dismissed if he or she admits to one o r more of the other pending charges. The Camden County criminal defense attorneys at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you get a better understanding of how plea bargains work and what you should know before accepting one. Advantages Of Plea Bargains If a plea bargain is not use d, the defendant is granted his right to a trial. Trials can be time-consuming and ...

Premarital agreements are documents coupes can sign prior to getting married that will provide basic outlines for how assets and liabilities should be divided in the event of a future divorce. If one individual is entering the marriage with significantly greater wealth or debt than the other, a prenuptial agreement can be a great way to ensure that everyone's interests will be protected. However, if your prenuptial agreement fails to meet certain requirements, it may not hold up in court if/when the need for it arises. Phillips, McElyea, Carpenter, & Welch, P.C. is here to help you get a better understanding of some of the factors that may render a prenuptial agreement invalid. 1. Poor Timing C ontracts should allow all signing parties have adequate time to read through the contract, consider their options, ask any questions, and ultimately make informed decisions before signing on the dotted lines. Prenuptial agreements that are written and signed after the wedding or...

The holidays are supposed to merry and bright - a time filled with laughter, joy, friends, and family. Unfortunately for many families this year, it will also be a time with unforeseen medical expenses and unplanned trips to the emergency room. The United States Consumer Protection Safety Commission has estimated that there are more than 15,000 injuries every year that involved decorating for the holidays. When you take into account the thousands of additional injuries that involve car accidents, defective products, house fires, and slick driveways, sidewalks, and roads, it's easy to see why some people consider the holidays to be the most dangerous time of year. Staying Safe During The Holidays Our personal injury attorneys in Camden County  are here to help you keep you and your family safe this holiday season. Avoid common injuries and hazards by following these common-sense safety precautions. Decorating Though many of you have probably already decorated for the ho...

It is up to each married couple how they wish to divide responsibilities such as raising children, earning income, and maintaining the household. No matter how they choose to divide these responsibilities, however, the underlying expectation is that m arried couples will work together to support and balance each other. When a marriage ends, each of the spouses is expected to support him/herself individually. For some people, this is easier said than done. Keep reading to learn more about the resources that are available to people in this situation, courtesy of the team at Phillips, McElyea, Carpenter, & Welch, P.C . Understanding Spousal Support Spousal support, alimony, and spousal maintenance are all terms used to refer to payments someone extends to his/her ex-spouse after their marriage has ended. Maintenance laws exist to protect lower-earning spouses who may otherwise be unable to support themselves after getting divorced. It is not always the case that a higher-earn...

Brain and spinal cord injuries are among the most serious injuries that a person can suffer. Your brain and spinal cord control nearly every function in your body, and damage to these crucial control centers can cause serious injury and potentially lifelong disability. If you have suffered a brain injury as the result of someone else's negligence, you may be able to seek financial compensation with the help of an experienced Missouri personal injury attorney . Brain Injury Basics Severe brain injuries can be immediately noticeable , but milder versions may take longer to make their presence known. Head injuries  can be caused under a variety of different circumstances. Concussions are a particularly common example, but brain injuries can also be caused by whiplash, lack of oxygen, exposure to dangerous and toxic substances, assault and physical violence, car accidents, defective products, penetration of the skull, slip and fall accidents, and sports. Brain Injuries Can ...