PERSONAL INJURY

How much is my case worth?

There is no magic formula for deciding how much a case is worth. There are many factors to

determine how much compensation you deserve. Some of these factors are the severity of

your injuries; the specific details of your case; your degree of fault, if any, for the accident;

how much time you have lost from work; and the other side's insurance policy limits all play

into the value of the case. Ms. Alessi will talk with you and use her past experience to

help you evaluate the case when all information has been collected.  

 

How much will my case cost?

Alessi Law does not require you to pay attorney's fees on a personal injury case unless you

collect money. However, if the case goes to trial and you lose, then you may have to pay the

opposing party's attorney fees and costs in the event of a loss. Alessi Law will not charge

you for fees or costs if you lose.

 

How long will my case take?

Each personal injury case is unique so it is difficult to say exactly how long it will take to resolve your claim. Some personal injury cases may settle as quickly as a few weeks without the need to go to trial, and others can take years.

 

When do I need to file my lawsuit?

You should speak to a lawyer as soon as you can after your accident. In Nevada, you have two years from the date of the accident or incident to file your complaint for your bodily injury damages. There are exceptions to this rule so it is important to talk to a lawyer about your options. Other claims have longer time periods. It is best to talk to an attorney to make sure you have the right information before you file the lawsuit.

 

Can I get money if I am partially at fault?

It depends. If you are 50% or less at fault for the accident, then you may receive compensation. If you are more than 51% at fault, then you will not recover anything.

 

ESTATE PLANNING - WILLS & TRUSTS

Why do I need to do estate planning?

Estate planning is a way to have control of what happens to your property, or assets, when you die. A good estate plan will also protect you if you become incapcitated. Estate planning will help you, not the courts, keep control of your property, assets, and control of decisions about your medical care when you can no longer handle your own affairs.

 

Why do I need a will?

If you do not have a will, then state laws determine how your property is distributed when you die. Most people have a will so they can have control of their assets after they die.

 

What is a living will?

A living will is your way of telling loved ones and doctors the medical treatment you do not wish to have to be kept alive by artificial means when your illness is terminal. It is your way of telling people when to "pull the plug." A living will is also known as an advanced directive or a health care directive.

 

Will I have to pay estate taxes?

As of 2014, an estate, which is a peron's porperty interests at the time of death, are subject to estate taxes if the value of the state after all deductions is over $5,340,000.00. You should consult with an attorney to determine ways to plan your estate to attempt to avoid paying estate taxes.

 

What is the difference between a will and a trust?

There are many differences between a will and a trust. The main difference is that a trust avoids court proceedings, also known as probate, when you die. With a trust, you change the titles of your assets from your name to your trust so you no longer own anything. So, when you die, there is nothing left for the courts to contol.

 

What is probate?

Probate is the process where the court determines how a person's property is distributed after the person dies. If the person dies with a will, then the court determines if the will is valid. The probate process can be fairly quick if the person did not leave many assets and no one is fighting over how the assets and property are going to be distributed. However, if there are a lot of assets and people fighting over the property, then the proate process can take years. You should consult with a lawyer to see if you can avoid the probate process or what you can do to make sure the probate process goes as smoothly as possible.

 

For additional information about estate planning, wills, and trust contact Alessi Law.

 

FAMILY LAW

What are the requirements for getting a divorce?

To obtain a divorce in Nevada, one party has to be a resident for at least 6 weeks and there must be either: incompatibility, separation for one year or longer without cohabitation, or insantiy existing for two years prior ot the divorce action.

 

Can I represent myself in a divorce?

Yes, you can represent yourself, but consulting with a lawyer is the wise option especially if you do not want to lose out on protecting your rights and property.

 

What factors do courts take into consideration when deciding who gets custody of the children?

The court will use the standard that gives the "best interests of the child" the highest priority when deciding custody issues. Some of the factors that are in the "best interests of the child" include: the child's age and health; the parent's mental and physical health; parent's lifestyle, including history of child abuse; the parent's ability to provide the child or children with food, shleter, clothing, and medical care; and the child's preference, if the child is old enough to make a decision. There are many, many other factors so it is important that you meet with an attorney to help you prepare for the child custody dispute.

 

Can same sex couples adopt in Las Vegas, Nevada?

Yes!

 

How much will I have to pay in child support?

Child support is usually determined by the parent's gross monthly income, typically as follows:

         For 1 child = 18%

         For 2 children = 25%

         For 3 children = 29%

         For 4 children = 31%

         For each additional child it is an additional 2%

The court can find facts as a way to adust this formula.

 

What is common law marriage?

Nevada has not recognized common law marriage since March 29, 1943. This means you are not legally married no matter how long you have been living together.