How can a Vocational Expert help me in my Virginia Divorce?

How can a Vocational Expert help me in my Virginia Divorce?

A: In a divorce case, it is highly important that each spouse’s earning potential is clearly and accurately estimated to ensure that spousal support, property division, and child support decisions are fair and equitable. For example, if your spouse has a much higher earning potential than you do because of an advanced degree or professional license, a court may order your spouse to pay you some type of spousal support. One tool many people are increasingly using to determine earning capacity in a divorce is a vocational expert.

What is a vocational expert?

A vocational expert is a person who professionally studies the current job market, in-demand skills for certain jobs, and how much an individual may expect to make based on their education and skill sets. A vocational expert examines numerous factors to estimate for which jobs someone may qualify in the current market and the earning potential in such jobs.

read more: How Can This Be Happening to Me?

How can a vocational expert help me?

Vocational experts help in numerous ways in divorce cases. First, if your spouse is purposefully under-employed in an attempt to limit support requirements, a vocational expert can identify their actual earning capacity for the court to consider. Vocational experts may also help if your former spouse later tries to modify a support order due to a decrease in income.

also: How Much Is Your Case Worth?

Additionally, your spouse may try to claim that you do not need spousal support because you can get a different job. For instance, imagine that you have been staying home to care for the household for many years while your spouse worked. Even though you may have a degree and a past career, being out of the workforce for years may mean you do not have up-to-date training and knowledge to easily return to a quality position. A vocational expert may identify that you will have to gain new training or education in order to support yourself, which means a court may be likely to award you temporary alimony.

– by Raymond Benzinger

How Can This Be Happening to Me?

How Can This Be Happening to Me?

Take, for example, John (not his real name), one of our clients. John is a hard working, dignified man who was driving home when a careless driver broadsided his car, resulting in a serious accident.

John didn’t go to the hospital immediately, thinking he only had a "sore neck". Over the next few days, John’s neck really started to get worse. He could hardly turn his head, and he could hardly sleep at night. Since he didn’t go to the hospital right away, he thought he wouldn’t be able to make a claim for the pain and suffering he was suffering.

After a few days, the pain just became too much for John, and he went to see his doctor. His doctor told him he had a serious muscular injury, and began treating him for that.

• read more: How Much Is Your Case Worth?

The insurance company told him that they would not pay for his medical care, or compensate him for his pain and suffering as a result of his injuries. John was hurting and he was scared.

Since John didn’t have any money he asked the insurance company to pay his bills. The insurance adjuster was never in when he called, and would never return his call. When he did get a hold of the adjuster, he was told he wasn’t hurt bad enough to be compensated, and the insurance company wasn’t going to pay the medical bills because John had waited too long to get medical treatment.

John didn’t have a lot. But what he did have he had worked hard for, and he was beginning to see it slip away.

• also: How can a Vocational Expert help me in my Virginia Divorce?

John began asking questions like, "Who will pay for my doctor bills? Do I have a right to be compensated? Do I need a lawyer? How do I chose a lawyer who is experienced and will do the best job for me

How Much Is Your Case Worth?

How Much Is Your Case Worth?

Often one of the first questions asked by people who have been injured in an accident is "What is my case worth?" Our standard response is only stupid lawyers or lying lawyers give opinions as to values of cases before they have investigated the facts, reviewed the medical records and bills, found out if the client has permanent injuries, and checked to see how much insurance is available.

Be careful when a lawyer starts making promises as to the value of your case before he or she has done their homework.

The value of the case should only be determined after:

• 1 The client has finished medical treatment;
• 2 All medical records have been reviewed;
• 3 All medical bills have been obtained;
• 4 All wage loss information has been received;
• 5 The treating physician has been consulted to see if the client’s injuries are permanent;
• 6 The facts surrounding the accident has been completely investigated to make sure someone else is responsible (is negligent);

• 7 The source of collection is determined. This is usually the other person’s insurance company. In car accidents if the other person doesn’t have insurance, or the insurance is inadequate, the source of collection may be the injured person’s own insurance company.

• read more: How Can This Be Happening to Me?

• also: How can a Vocational Expert help me in my Virginia Divorce?

We understand it’s tough being injured because someone else was careless. It’s even worse when you don’t understand the law and the process of getting your claim resolved. There are some guidelines to help:

• 1 There is a so-called trinity as to all personal injury claims: liability, damages, and source of collection. You need all three or your case isn’t going to be worth much. Unfortunately, seldom is there a perfect case. Usually there is a dispute as to the extent of the damages or whether the other side is liable.

• 2 Liability means fault. Who caused the accident? Did someone act with less care than was reasonable under the circumstances? If they did, that’s negligence. Sometimes more than one person is at fault. In these cases their negligence is compared, and their fault must be apportioned. If you (the injured party) are partially at fault in causing the accident, your damages will be reduced by the percentage of your fault.