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Author: Tony Montagna

Finding a Hampton Roads Divorce Lawyer: 5 Qualities to Look For

Divorce is the second most stressful life event (behind the death of a spouse), and for good reason. It involves an upheaval of the needs and feelings of not just the warring spouses, but also of any children involved. That’s why it’s so important that you hire a competent, calm and experienced family law and divorce lawyer to handle the proceedings. Don’t be afraid to “shop around” for an attorney with all five of the following qualities.

A divorce attorney should be…

  1. Part of a well-established practice with a positive track record. While there is a certain amount of confidentiality that goes along with divorce legal proceedings, you’re bound to come across referrals from friends who have gone through a similar experience. Those referrals may help separate the reputable lawyers from the ones with fewer cases under their belts. Online reviews are also useful.
  2. Punctual and responsive. Your attorney should not be so overloaded with clients that he or she doesn’t have time to respond to your requests and inquiries in a timely manner. 
  3. Enough of a “bulldog” to champion your interests, but calm enough to command respect. What kind of reputation does a prospective divorce attorney have within the legal community? Does he or she have a habit of reacting based on emotion instead of acting based on facts and the client’s best interests? The answers to those questions can often determine whether or not you get the ruling you deserve.
  4. Empathetic and understanding. Again, divorce is stressful and quite emotional. It’s critical that you hire a lawyer who can encourage you and be your advocate without getting drawn into the emotional frenzy themselves (see number 3).
  5. Surrounded with competent staff. If your divorce lawyer is anyone to speak of, he or she will have other clients who need attention just like you do. That’s why it’s best to hire a lawyer with a highly knowledgeable legal support team to answer your questions and address your needs.

The family law and divorce lawyers at Montagna Klein Camden make it a point to model our firm around these five qualities. We recognize the importance of our clients’ unique needs, feelings and circumstances, and do our very best to provide caring, productive legal counsel to people in Hampton Roads, Virginia. Considering divorce? Call us toll free to schedule a free initial legal consultation at (877) 622-8100 or contact us online. An experienced divorce lawyer will contact you shortly.

Stay DUI Free During the Holidays

Along with a chill in the air and extra warmth in the heart, the holiday season brings an onslaught of parties and get-togethers that often involve alcohol. There’s nothing wrong with enjoying a drink or two with friends and loved ones, but make sure you or a loved one doesn’t end up with a DUI/DWI by following Montagna Klein Camden’s top tips for responsible driving.

1. Always assign a designated driver. Choose one responsible person who you can trust to stay sober and hide others’ keys if needed.

2. …but keep the number of a cab company on hand. Call Black and White Cabs (757-855-4444) in Norfolk if things get out of hand and you’re left with no designated driver.

3. Pace your alcohol intake by enjoying a glass of water between cocktails. Alcohol dehydrates, so remember to drink a lot of water.

4. Eat plenty before and during a night of drinking. If you know you will be drinking a fair amount of alcohol in the evening, prepare throughout the day by eating healthy meals full of protein and good fats.

5. If you are throwing a party, be sure to offer filling food and non-alcoholic options for guests. Readily available “mocktails” as well as water, soda and tea will enhance the evening for designated drivers as well as those guests who choose not to drink.

6. Keep an eye on friends and loved ones to help them stay safe. Never turn a blind eye to a friend with impaired judgement getting ready to drive themselves home.

7. Know your limits. Most people have a pretty good sense of when they’ve had too much to drink, but remember, “buzzed” driving is still drunk driving. Check out this blood alcohol calculator to learn more about your legal limits and avoid getting charged with DUI.

8. Refrain from drinking altogether. It may seem simplistic, but this is the best choice for anyone looking to stay responsible on the road this season.

If you do find yourself charged with a DUI despite your best safety efforts, call the Virginia DUI defense lawyers at Montagna Klein Camden. We have a strong history of finding fair treatment for our DUI clients. Call us today at 757-622-8100 or contact us online. Visit the DUI and Reckless Driving FAQ page for answers to common questions.

 

Anthony Montagna III Joins Firm

Tony MontagnaAnthony Montagna III Joins Montagna Klein Camden, L.L.P. As Partner

Norfolk, VA (June 14, 2013) — Montagna Klein Camden, L.L.P. announced today that Anthony Montagna III, previously of Montagna & Montagna P.C., has joined the law firm as its newest partner. Following the closure of Montagna & Montagna P.C., “Tony” III joins his uncle Charles and cousin Jon at Montagna Klein Camden, L.L.P., bringing a fresh set of practice areas and legal specialties to the firm.

Tony Montagna’s practice areas include traffic offenses, DUI, child and spousal support, divorce law and more. He is also well-acquainted with the challenges unique to members of the military and their families having learned from his father, who served in the JAG Corps of the U.S. Naval Reserve.

Until the addition of Tony Montagna III, Montagna Klein Camden, L.L.P. dealt primarily with legal matters pertaining to auto and truck accidents, personal injury claims, Jones Act claims, Longshore and Harbor Workers Compensation claims, Defense Base Act claims, maritime law, Virginia and North Carolina workers’ compensation claims and other job-related claims. The partners are enthusiastic about the new spectrum of legal services the firm will be able to offer clients and are proud to welcome Tony on board.

Montagna Klein Camden, L.L.P. is based in Norfolk. In addition to Virginia and North Carolina personal injury cases, the firm also handles maritime cases throughout the nation and Defense Base Act claims around the world. For more information contact us or call 877-622-8100.

PENDING LAYOFFS DUE TO CONGRESS’ INABILITY TO FUNCTION EFFICIENTLY

What rights does an injured worker have?

With potential layoffs pending on the Waterfront, many injured workers must be asking how they can compete in the open labor market to find new employment to support their families. Finding a job in today’s down economy is hard enough. Add a disabling injury to this economy, and supporting a household is difficult at best.

If you were injured on the job while working for one of the Waterfront Employers prior to July 01, 2012, you have three potential remedies to recover your lost wages, if you are laid off from a light duty position.

First remedy: Request a hearing under the Virginia Workers’ Compensation Act. Under the Virginia Workers’ Compensation Act, if you are laid off from a light duty position, you can receive compensation for lost wages from the Employer or its Insurance Company, while you look for a new light duty position in the open labor market. If you are able to find a light duty position, the Employer or its Insurance Company would still owe you the difference between what you were making at the time you were injured, and what you are able to make in your new light duty position.

Second remedy: You may also be entitled to benefits under the Longshore and Harbor Workers’ Compensation Act. Under this Federal statute, if the Employer lays you off from a light duty position, it is responsible for paying compensation to you, until it can prove that you are capable of some other light duty position. As under the Virginia Workers’ Compensation Act, the company would still owe you the difference between what you made at your pre-injury job compared to your earnings in the light duty position.

Third remedy: If you are over the age of 50 and laid off from your light duty position, you may be entitled to Social Security Disability benefits, depending on multiple factors including your education and work restrictions.

If you are injured on the Waterfront after July 01, 2012, not all of these options would be available to you, depending on the location of your injury and the job you were performing. Montagna Klein Camden, LLP is here to assist you in any of these avenues if you are laid off while performing light duty work on the Waterfront. Please feel free to contact one of our attorneys at 757-622-8100.

Concurrent Jurisdiction for Virginia Workers’ Compensation Act and Longshore and Harbor Workers’ Compensation Act Ends July 1, 201

Virginia House Bill 153 went into effect on July 1, 2012. Any work injuries which occur after that date will not be covered under the Virginia Workers’ Compensation Act if they are covered under the Longshore and Harbor Workers’ Compensation Act. This means that Longshoremen and Shipyard workers who are covered under the Longshore and Harbor Workers’ Compensation Act will no longer have the benefit of also pursuing Virginia Workers’ Compensation Act benefits.

How will this affect you?

Cons:

  1. The injured worker cannot receive benefits for a disability rating to an extremity due to a shoulder, back, neck or hip injury under the Longshore and Harbor Workers’ Compensation Act. In the past, Longshoreman would pursue those benefits under the Virginia Workers’ Compensation Act where they were compensable. That option will no longer be available.
  2. Under the Longshore and Harbor Workers’ Compensation Act, an individual who has suffered an injury to one of his extremities and reached maximum medical improvement is not entitled to receive loss of wage benefits if they are unable to return to their regular employment. Instead, they are only entitled to a disability rating. Prior to July 1, 2012, we would pursue those claims for Longshoremen under the Virginia Workers’ Compensation Act where the maximum medical improvement date does not effect the individual’s entitlement to lost wage benefits while under restrictions. This option will no longer be available.

Pros:

  1. The Virginia Workers’ Compensation Act is very restrictive as to pursuing third party claims against individuals whose negligence resulted in the workers’ injury. Under the Virginia Workers’ Compensation Act not only was the employer protected against such law suits, but in most situations, any subcontractors and other individuals engaged in the same trade and business as the employer were protected.

However, under the Longshore and Harbor Workers’ Compensation Act, only the employer itself is protected from being sued by an individual who is injured on the job. This means that where an injured workers’ accident, was a caused by a subcontractor working on the same job, the worker can receive workers’ compensation benefits from his employer while he recovers from the injury, and then potentially file a third party law suit against the individual, or company, who caused the injury. In those situations, the employer would be entitled to reimbursement for amounts paid on the injured workers’ behalf, but the injured worker could be paid damages for pain and suffering that resulted from the injury.

As indicated above, this change which is effective July 1, 2012 only applies to injuries that occur on or after July 1, 2012. Please keep these significant changes in mind if you, your friends or family suffer an injury on the job.

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