Blog Blog Copyright by en Tue, 20 Nov 2018 17:19:05 -0500 When a Birth Injury Becomes a Medical Malpractice Case For parents looking forward to the birth of a healthy and happy baby, a birth injury is a devastating outcome. There are approximately 4 million babies born in the United States each year, according to the National Center for Health Statistics, and about 1.7 percent of those births involve an injury. That equals around 68,000 infants who suffer birth injuries each year. If the injury was preventable, meaning it wasn’t caused by a genetic disease or condition but rather was due to medical negligence, the despair and anger parents feel can be crushing. What is the difference between a birth injury caused by genetics, also referred to as a birth defect, and an injury caused by medical negligence?

As babies grow in the womb, family health histories and genetic factors can play a big role in their development. Birth defect injuries are caused by genetic diseases or conditions that babies are born with and that could not have been prevented. These illnesses and injuries are not usually the fault of actions or inactions by doctors, nurses or other medical professionals.

A birth injury caused by negligence, on the other hand, is a preventable injury resulting from the inappropriate action or inaction of a doctor, nurse or other healthcare professional. Negligent birth injuries happen before, during or after labor. Injuries to newborns caused by negligence may leave the negligent medical providers open to malpractice claims.

Malpractice Injuries

Just a few of the actions or inactions by healthcare providers during delivery and childbirth that can lead to birth injuries include:

  • Improper or forceful use of forceps, vacuum suctions, and/or other instrumentation during delivery
  • Delaying emergency Cesarean sections in the presence of fetal distress
  • Failing to monitor the vital signs of the mother and fetus during labor, including oxygen intake
  • Failing to recognize symptoms of fetal distress, including slowing heartbeat, knotted or twisted umbilical cord or other signs
  • Not adequately treating jaundice or infections in newborns.

The types of injuries that these missteps by doctors and medical personnel can lead to include: 

  • Brain damage
  • Breathing damage
  • Broken bones
  • Cerebral palsy
  • Cognitive impairment
  • Erb’s palsy
  • Paralysis
  • Soft tissue damage
  • And others.

What Parents Should Consider

An injury during birth doesn’t always equal medical malpractice. Generally speaking, medical malpractice occurs when a physician or other healthcare provider fails to do what a reasonable healthcare provider would do under similar circumstances. Legally, there are several criteria that must be met in order to establish malpractice.

If a parent believes a birth injury may have been caused by negligent care from a medical professional, they may wish to consider their legal options. Medical malpractice law is highly complex and varies from state to state, so it is a good idea to consult with a birth injury attorney who is highly experienced in pursuing malpractice claims. In preparation for a consultation and possible claim, parents should keep copies of their baby’s medical records, including diagnosis information (it can be a good idea to seek more than one opinion), hospital birth records and their own medical records, including the mother’s OB-GYN records. When considering pursuing a medical malpractice claim, time is of the essence, because these claims have statutes of limitations that vary by state.

Another thing to think about when considering a claim is how the injury will affect the child’s life. Some injuries resolve shortly after birth or as the child grows, while others will require a lifetime of medical treatment, care and expense. In other words, because of the lifelong consequences of their injuries, the child will never have a “normal” life. This, too, is an issue on which parents can receive guidance from a qualified and experienced medical malpractice attorney.

Uncategorized Editor Tue, 20 Nov 2018 10:01:27 -0500
How do Qui Tam Lawsuits Work? Statutory law gives those aware of fraud being perpetrated against federal, state and local governments the ability to do something about it. Most often these are employees within businesses and organizations who witnessed the corruption themselves, complained about it internally but nothing was done and who want to do the right thing.

The federal False Claims Act (FCA) allows the government and individuals to file lawsuits against anyone knowingly submitting or causing the submission of false or fraudulent claim for payment to the federal government. Those involved in fighting fraud and speaking up about it are commonly referred to as “whistleblowers.”

How you can help fight fraud

As part of the FCA and state laws, a person who knows about fraud being committed and who tried to stop it from happening can file a lawsuit, known as a “qui tam” legal action, which allows him or her to stand in the place of the government entity being cheated to try to end the fraud and recover damages. If the FCA lawsuit succeeds, the defendant may be ordered to pay three times the actual amount defrauded plus additional penalties for each fraudulent claim. 

Many companies and organization are engaged in fraud against government agencies. The amount at issue may be big or small, and the agency may be involved in just about any government activity. Normally the most serious fraud is perpetrated against federal agencies spending the most money, such as Health & Human Services (responsible for Medicare and Medicaid) and the Department of Defense. Because of the potential for large damage awards, the FCA is a powerful tool in fighting corrupt billing practices.

  • The federal government obtained more than $4.7 billion in FCA settlements and judgments as a result of FCA cases just in fiscal year 2016, according to the Department of Justice (DOJ).
  • Most of that money, $2.9 billion, is the result of qui tam lawsuits filed by individuals.
  • Since fiscal year 2009, the average recovery each year is almost $4 billion

A qui tam legal action is more complicated than the average civil lawsuit

The person filing a qui tam legal action is the “relator.” Under the FCA, he or she has information showing the defendant knowingly submitted or caused the submission of false or fraudulent claims to the federal government. To be the basis of a lawsuit, this information can’t be publicly known. The FCA process for filing and pursuing this kind of case includes ...

  • The complaint must be filed with a federal court under seal (records concerning the case are kept on a secret docket).
  • Copies of the complaint are sent to the DOJ and the local U.S. Attorney.
  • The complaint and related filings stay under seal for at least 60 days.
  • The relator gives the DOJ a “disclosure statement” telling what evidence they have about the allegations.
  • The Attorney General (or a DOJ attorney) needs to investigate the claims and decide whether to join the lawsuit. The DOJ gets involved in less than a quarter of qui tam cases. The DOJ may also try to negotiate a settlement before joining the case.
  • After the complaint is unsealed, it’s served on the defendant.

How whistleblowers benefit from the FCA

A relator normally wants the DOJ involved, because the resources it can focus on a case are far greater than those of an individual. Its involvement helps support the legitimacy of the claim. If the case is successful, a relator may obtain 15% to 30% of the damages recovered; the rest goes to the affected government agency. If the DOJ is involved, what the relator receives is generally on the lower end of the scale.

The FCA also makes retaliation by an employer against a relator illegal. If this occurs, he or she may be awarded “all relief necessary to make the employee whole,” including job reinstatement, two times the amount of back pay lost, litigation costs and attorney’s fees.

Qui tam cases can be an effective way to punish a company or organization which has defrauded taxpayers and force it to pay back the money it made, plus potentially much more. The FCA exists to discourage those doing business with the government from illegally padding their profits. It also gives those who witness illegal acts an opportunity to make things right.

Uncategorized Editor Thu, 15 Nov 2018 22:12:07 -0500
What to Do After Suffering a Workplace Injury Every seven seconds an American worker is injured on the job, according to the National Safety Council. This adds up to 12,900 people injured a day and a staggering 4,700,000 injured every year. Most workplace injuries are caused by 1) overexertion, which includes performing repetitive motions and lifting and lowering objects; 2) being struck by or caught in objects, equipment, or collapsing structures; and 3) slips, trips, and falls.

The occupations that suffer the most injuries that result in lost time at work are service jobs, including police and firefighters, and workers in:

  • transportation and shipping
  • production and manufacturing
  • installation, maintenance and repair

As the workforce continues to expand each year, injury numbers are almost certain to climb as well, and many people aren’t sure what to do when they are injured on the job. But there are important steps you can take to help ensure that you are covered financially should you be injured on the job and unable to work.

Seek medical treatment

One of the first things you should do is seek medical treatment for your injury. While injuries might not always be obvious, having a doctor verify that you did indeed suffer an injury will be critical when filing for workers’ compensation or another injury claim. Of course, if you are very severely injured, you should call 911 for emergency assistance. If you are unconscious or otherwise unable to call, your management or coworkers should make the call for you.

Report your injury

Report your injury in writing to your supervisor and your human resources representative. If you are in a union, report the injury to your union representative. Be sure to report as soon as you are physically able as reporting time can affect workers’ comp claims. Report your injury even if it seems minor. Seemingly small injuries can become more serious over time and potentially lead to lost days on the job or affect your ability to work for the long term. Your company or organization might also have an additional reporting process, such as an on-site medical office you may need to visit. Cooperate with the company’s reporting process.

Keep injury-related documentation

Gather all documents and correspondence related to your injury. This paperwork might include your own statement about what happened, any eyewitness reports you can gather, doctor reports and other information, such as from emergency responders. A police report may also be available if your injury was caused in an on-the-job motor vehicle accident, for example. Also, be sure to keep a file of all your medical expenses related to your injury. This file may include ambulance bills, doctor and occupational therapy expenses, medications, transportation costs to medical appointments, and other expenses.  

File for workers’ compensation

If you are unable to work because of an on-the-job injury, you may be eligible to receive workers’ compensation through your employer. Eligibility and coverage vary by state.

Consider getting legal assistance

If your claim for workers’ compensation is denied, you may wish to file an appeal. Consider getting advice and assistance from an experienced workers’ compensation attorney when appealing. Even if you receive workers’ comp benefits, they may not be enough. In some states employers can be made to pay additional claims, or third parties such as subcontractors and others may be held liable for injuries.

Texas is the only state in the country that allows employers to opt out of the workers’ comp system. Companies that opt out are called “nonsubscribers.” While these nonsubscribers leave their employees without coverage in the event of injuries, they also open themselves up to liability claims.

In any case, a qualified attorney can advise you as to the best steps to take to receive fair compensation for lost time at work, medical and related expenses, and other pain and suffering.

Uncategorized Editor Tue, 13 Nov 2018 10:52:37 -0500
How Attorneys Calculate Damages in Personal Injury Cases When you have been injured and the injury is the fault of someone else’s negligence or carelessness, you have the right to compensation via filing a personal injury case, which is a civil complaint against a person, business, or other entity.

Obtaining an experienced personal injury lawyer is an important first step and should be done as early as possible after your injury. They can advise you how to keep track of expenses, lost wages, and other costs that have impacted your life as a result of the accident. Then, they collect everything together and arrive at a dollar figure to ask for in damages from the defendant (or their insurer). This is typically comprised of “compensatory” damages.

But how is that figure derived? How do lawyers determine how much money to ask for in a personal injury case?

There are clear and concrete costs, such as the cost of every medical bill, test, any ambulance ride costs, rehabilitation costs, and any other medical-related expenditures. There may also be hard costs that include damage to property, such as your car, house, or other belongings. For example, if your car was damaged in an accident, your lawyer would then include the cost of the repairs in the settlement figure. There are work costs as well: If you had to miss work as a result of the injury, whether due to recovery or rehabilitation, or simply to attend doctor appointments, you are entitled to include the amount of any lost wages due to those appointments, including expected ongoing lost wages if the rehabilitation process continues over a long term.

In addition to these hard costs, there are also costs that can be more difficult to quantify and are considered “non-economic,” as they can’t clearly be assigned a value like harder costs that give a bill or invoice. But these may also factor into calculations of your damages. Emotional distress covers the emotional impact of an accident or other trauma and can include anxiety, depression, fear, and other similar difficulties. These are sometimes bundled into a general “pain and suffering” category, which basically is an umbrella term for long-term suffering you experience as the result of the injury, outside of strict medical costs. This category can also include “loss of enjoyment” damages, meaning the injury has caused you to miss out on things you previously enjoyed, such as forms of exercise and recreation or the pursuit of your hobby. Loss of consortium is also sometimes included in arriving at a damages figure—if the accident has resulted in the loss of your sexual relationship or companionship with a spouse, that can also be a compensatory damage.

Compensatory damages in all categories are designed to compensate the person in order to make them “whole” again in every way. But, in addition to compensatory damages, personal injury cases can also include punitive damages as part of the calculation, which are awarded when the defendant can be proven to have been egregiously careless, reckless, or even malicious. This is a way to seek to punish the defendant and hopefully to serve as a deterrent to others. These figures can grow quite high and can be a major part of your personal injury claim. Some states have put a cap on the amount of punitive damages that can be requested.

Together, compensatory and punitive damages are calculated by your attorney to arrive at a total damages amount for your personal injury case. Whether your case goes to trial or is eventually settled out of court, this article serves to provide background and understanding on how these figures are derived and what components go into calculating how much to request in a personal injury case. Experienced lawyers know how to assign value to various non-economic damages that may be included in your case, as well as when it is appropriate to attach punitive damages to a case and to calculate the value of those amounts.

Personal injury can take a huge toll on your life and have repercussions that can last for years. If you file a personal injury case, a lawyer acts as your trusted advisor in preparing a case that reflects all the damage caused to you as a result of the accident or incident you experienced.

Uncategorized Editor Tue, 13 Nov 2018 10:48:42 -0500
What if You Are a Hit-and-Run Victim? You were coming or going from work, running errands, out for a nice night on the town.

Before you know it, you’ve been in a serious accident. Unfortunately, the driver of the car or truck hitting you took off. In their wake, you and a passenger have injuries.

If this happened to you, how would you react?

Don’t Let the Driver Get Away with It

When you or those close to you are victims of a hit-and-run, there are things you need to take care of sooner than later.

Among the items to keep in mind:

  1. Health – Above all else, make sure your health and the health of anyone with you in the hit-and-run is a priority. Cars and other such items are replaceable but people can’t. Anyone involved in the accident should get looked over. It is important to remember that some injuries do not show themselves right away. As a result, a concussion or even internal injuries could be present and not show immediately. By having everyone checked on by medical personnel at the scene or visiting a medical facility, everyone is better off.
  2. Vehicle – In trying to track down info on the vehicle that left the scene, try and lookup a person’s license plate. Doing this has the potential to lead you to details. These can include the vehicle’s description, history and most of all, the driver. Although you’d like to think anyone causing an accident would stop, this does not always happen. As a result, the victims are oftentimes left to fend for themselves.
  3. Witnesses – Were there any witnesses to the hit-and-run? If you have one or more witnesses, the hope is that they stopped to provide relevant information. What they saw and heard can make all the difference. They could be the ones to get the license plate and vehicle description before the driver left. Often, people will do the right thing and stop to provide details of what they’ve seen and heard.
  4. Evidence – Along with the witnesses you hope come forward, there may also be video evidence. This is something you can provide to law enforcement and your insurance provider. Many individuals in today’s digital age have their cell phones with them most or all the time. As such, they may have taken a picture or two that can provide key evidence to the accident. There might also be some video evidence from nearby cameras. Examples of this would be cameras mounted on poles or lights at street corners. There might also be some cameras at nearby businesses to have captured what happened.
  5. Next – Last, once your health and those with you is determined to be okay, you may shake your head about your auto. It is a natural reaction to be angry with the accident. That said before it is time to go car shopping if your vehicle is beyond repair, take some time to think things over. How safe was your most recent vehicle? If your recent car or truck is beyond repair, will the insurer be providing you with a replacement? Take into consideration all the moving parts before you rush off and get another auto.

When you’ve been the victim of a hit-and-run, make sure you don’t take it lying down.

Uncategorized Editor Wed, 24 Oct 2018 22:46:22 -0400
5 Things You Need to Know about Truck Accidents If you’re on the road in an average sized vehicle, it can be slightly intimidating when you see a large truck or 18-wheeler pull up next to you or approach from behind. No matter how safe of a driver you feel that you are, ultimately you have no control over other drivers on the road. You don’t know what their reaction time may be if something goes wrong, and you can’t prevent them from making a mistake or being inattentive.

When a truck and car collide, the damage can be inconceivable. According to Spiva Law Group, some of the most common types of truck accidents are rear-end accidents, sideswipe accidents, side-impact crashes, underrides, and head-on collisions. Jackknifes and rollovers are also commonly seen accidents involving trucks. Whether or not you spend a lot of time on the road, it’s important to be prepared. Check out these 5 things to keep in mind about truck accidents.

  1. Crashes involving trucks can be far more dangerous for those in passenger cars.

It should be no surprise that collisions between large trucks or tractor-trailers and passenger cars can mean extremely bad news for the passengers in the car. They have far less protection than drivers in an 18-wheeler. They also have far more weight coming toward them than if they were colliding with an average sized vehicle.

According to Sansone and Lauber, truck wreck lawyers in Missouri, truck accidents involving other vehicles can “often result in catastrophic injuries or deaths to other motorists in smaller vehicles.” They also concluded that in 2015, 80% of all deaths during truck accidents in Missouri were occupants of passenger cars.

  1. If the truck is at fault, it’s possible to see compensation from more than one party.

The truck driver and trucking company could both potentially be held responsible. Depending on the situation, the trailer owner, freight shipper and truck parts manufacturer are also parties that could be at fault.

  1. The legal process can be incredibly complex.

South Carolina truck accident attorney Bennett Schiller explains that multiple parties can be responsible for the truck being on the road in the first place. Each of those parties can potentially be held liable. In addition to this, the trucking company likely has a high investment in protecting themselves and their drivers from an insurance claim.

The Federal Motor Carrier Safety Administration has rules and regulations for truck drivers that require motor carriers to document everything during their operation. Commercial trucks also have event data recorders that can aid in figuring out what happened if a crash occurs.

  1. If the truck is at fault, you could deserve compensation for multiple expenses.

Medical expenses, property damage, lost income, and pain and suffering are all expenses that you could receive compensation for.

  1. Don’t be afraid to file a personal injury claim if you or a loved one were seriously injured in a truck accident.

Trucking firms are quick to protect themselves as well as their drivers after an accident. Because of this, it can be easier and more productive to have a legal team help you get the compensation you deserve.

Take necessary precautions to prevent accidents while you’re on the road, but always be prepared to take action if something happens that you can’t avoid.

Uncategorized Editor Fri, 12 Oct 2018 12:27:47 -0400
5 Reasons Your Family May Need a Personal Injury Attorney When you or a family member is injured or even dies at the hands of someone else’s negligence, the last thing you want to deal with is handling all of the legal work. Personal injury attorneys have a great deal of experience in handling similar cases and have knowledge of the personal injury claim process. They also have the time and resources needed to request medical records and find the professionals necessary to prove your case. If you’re unsure about hiring a lawyer, don’t wait. Check out these 5 reasons that your family may need a personal injury attorney.

  1. If you or a family member was injured at work.

If you were injured on the job, you could be entitled to compensation. According to Bennett Schiller, a workers’ compensation lawyer in Rock Hill, SC, you could deserve medical or temporary benefits. You may even get permanent benefits if your injury is severe enough. If you get injured, your employer’s insurance company will likely attempt to minimize damages as much as possible, which is why hiring a personal injury attorney could be incredibly helpful in receiving the compensation you deserve. A personal injury attorney is also essential if your workplace denies your claim, and you find yourself having to file an appeal to that decision.

  1. If a wrongful death occurred.

Wrongful death occurs if someone dies due to another person’s actions or carelessness. According to Benjamin Sansone, a wrongful death attorney in St. Louis, MO, some of the most common causes are from car accidents, drunk driving accidents or negligent medical care. If you lose a family member as a result of someone else’s negligence, handing the necessary legal actions over to a personal injury attorney will give you peace of mind as well as time to spend with loved ones as you process your loss.

  1. If you’re a victim of medical malpractice.

If you or a family member have been injured due to errors in diagnosis, treatment or care, it’s important that you get the compensation you deserve. By handing your case over to a personal injury attorney, you can let them do the dirty work while you spend time healing.

  1. If you were in a car, truck or motorcycle accident.

According to the Myrtle Beach car accident attorneys at the Jebaily firm, many auto accidents can be a result of drunk driving, recklessness and even issues of unsafe roads. With so many possible factors, a personal injury attorney can be incredibly helpful in gathering necessary evidence and proving your case.

  1. If you or a family member is a veteran who has a service-related injury or disability.

Filing a claim for VA disability benefits can be a daunting task and incredibly overwhelming to deal with by yourself. If you have a service-related injury or disability, consider hiring a veteran’s mental disability attorney to help you get the compensation you deserve. A good veteran’s attorney can even help you file an appeal to a prior VA decision.

A Final Note

Ultimately, the aim of a personal injury attorney is to help make a somewhat painful and frustrating process much smoother and less stressful. Personal injury attorneys carry the burden of making sure you get the compensation you deserve, no matter what your situation may be.

Uncategorized Editor Fri, 12 Oct 2018 12:26:22 -0400
What If You Are Mistaken For A Thief?

There are a lot of people who could be in situations where they feel like they are being accused of a crime they did not commit.  The only way for them to get out of this situation is through an attorney, and you need someone to help you who will completely understand what the problem is, how to solve it, and how to prove it to the police if that is even needed.  You should consult an attorney instantly just to be safe.

  1. Do You Need An Attorney?

Do you need a criminal lawyer for a theft offence?  This is the most important part of the process because you have to be aware of what is going on in the case.  You will get no help from the legal system if you are not a lawyer, and your lawyer can speak on your behalf.  Your lawyer can get you out of jail, and they can even sit with you during questioning.  A lawyer who has a good understanding how this process works will keep you safe especially if the police are asking leading questions.

  1. Do You Have Evidence?

You must work with an attorney who will help you collect evidence for the case that is coming up.  They will help you figure out what really went on that day, and they might even find evidence that proves that someone was trying to frame you.  You have to have this information because there are many people who could be caught up in an obvious case except for the fact that they do not have any evidence that will exonerate them. 

  1. How Long Does The Case Last?

You cannot afford to represent yourself for weeks at a time if you have been falsely accused of a crime.  You will find that you could make some good choices for your case just by allowing the lawyer to do all the work.  They will let you know if there are any problems with your case, and they will update you often so that you do not feel as though you have to follow the case that closely.  You also have to remember that the case could take a while, and that is why it is important for you to make this distinction.

  1. Be Calm

You could be in the middle of a situation that makes you want to run. You have to stay put and be calm.  You have to be sure that you have figured out what the best course of action is if you are trying to cooperate with the person who caught you, and they should be aware of what is really going on.  You might not need an attorney if the person that you are interacting with understands what is going on because you are calm.  Anything else should be referred to an attorney.

You can get an attorney to help you with the court proceedings that happen after you have been mistaken for a thief, and you should let them guide the case.

Uncategorized Editor Fri, 05 Oct 2018 11:16:40 -0400
6 of the Most Common Issues Involving Slip and Fall Injuries in Florida Accidents involving falls are something that everyone will be exposed to at some point in their lives. Any time that an activity involves people walking, it can involve a slip and fall risk.

Even if you have not had the misfortune of an injury yourself, you’ve certainly been there when someone else has hurt themselves.

When you see it happen, you can’t help but wonder what happened afterwards. Was the injured person okay? Did they receive any compensation for their injuries?

If it does happen to you, it’s good to know some of the most common issues related to slip and fall injuries in Florida. If the injury occurs on someone else’s property, it’s possible that they are responsible. To have the best chance of receiving payment for any medical bills or other losses, be sure that you don’t make these most common mistakes in the aftermath.

1.  Document the surroundings

If you’ve tripped or slipped, it’s critical to document your surroundings in detail. Use your camera phone to take clear photos of things like wet spots, uneven flooring, trip hazards, and other details. Make notes of the size, shape and color of the item you tripped over. If there was a hazard and no warning sign, show it in a photo. Without this information, you have no evidence.

2.  Talk to any witnesses

Talk to anyone who witnessed the fall. Be sure to get names and contact information, including phone numbers and emails. In a world where everyone carries a phone, it’s possible that they also have video or photos or the event. Obtain copies of them, if so.

3.  Go to management

If the injury occurred in a place of business, talk to a manager as soon as possible. Ask for them to complete an incident report, and thoroughly review it before you sign anything.

Ask them for a copy of the report, and also request that you get a copy of any surveillance footage, if the business uses it.

4.  Document your own details

In addition to the surroundings, you must also make sure that you carefully list any details that pertain to yourself. It’s important that you take note of the type of shoes you were wearing, even taking a photo of them, if possible.

You should also list any personal property that was damaged, before you forget about it. Common things that are damaged in a fall are glasses, phones, clothing, and watches. Write down anything that was broken, and take photos of the damages, too.

5.  Seek medical attention

Even seemingly minor falls can cause lingering injuries, especially if your head or neck was affected. Falls cause 30% of all spinal cord injuries in the U.S. Don’t let one go untreated.

Follow up as soon as possible with a medical professional to have any pain or injury evaluated. It is important to let them know how the injury occurred, so that it can be accurately documented.

Make sure that you keep copies of all medical records and copies of medical bills.

6.  Don’t put off professional assistance

Even when you’ve been careful about keeping documentation, following up on records requests, and getting the help you need to recover, it’s still important to get help with the legal aspects.

In cases of slip and fall injury, the services of an experienced legal professional are invaluable. An attorney will help guide you through the process of seeking compensation for medical bills and damaged personal property. When you’re worried about bill payments and your own recovery, they can assist you in gathering your information and advise on the next steps.


In the aftermath of a slip and fall accident, it’s easy to make mistakes and forget important pieces of information. Be prepared, and you’ll be able to seek the help you need to recover - financially and physically.

Author’s Bio:

Scott Distasio is the founder of Distasio Law Firm in Tampa. His career focus is on all types of personal injury cases. His work represents his belief that all firms should provide outstanding service to their clients. Follow @scottdistasio on Twitter to see what legal wisdom he shares next.

Uncategorized Editor Sun, 23 Sep 2018 10:58:33 -0400
Is Your Job Stressing You Out? How stressful of a job would you say you have?

For many individuals, the stress can rise rather fast in their respective lines of work. When it does, it can lead to physical and emotional issues.

With that in mind, is it time you took as much of the stress out of work as possible?

Get to the Bottom of the Problem

Trying to determine why your job is in fact stressing you out may not be the easiest thing you do.

First, you may not be able to pinpoint what the problem is.

Among some of the more common issues workers have include:

  • Not being able to handle their responsibilities
  • Not getting along with their boss
  • An issue or issues with a co-worker or co-workers
  • Working in an unsafe environment

By being able to figure out what it is exactly causing you duress at work, you can move to fix the problem or problems.

In speaking on unsafe work environments, are you with a company that does not take safety as it should? If so, you could be more likely to get injured on the job. In the event you suffer injuries at work, you can suffer in more ways than one.

With that in mind, how would you handle such a situation?

Get the Legal Help You Need

If injured on the job, it is imperative that you assess the situation and seek legal help if necessary.

Sure, a paper cut is one thing. What if you throw your back out at work? What if you fall and suffer broken bones or serious lacerations? There are many different scenarios that could play out.

With a serious injury, contact or another workers’ compensation lawyer.

With the right legal counsel, you can be sure your employer is held accountable for the injuries. Without such protection, you could come out on the short end in more ways than one.

Keep in mind many insurers representing employers will try to get the worker to settle fast. If you do this, you could be missing out on the full amount of money you may be entitled to.

In looking for the right legal pro to represent you, the Internet is a good starting point.

In today’s digital age, many workers’ comp pros are online. As such, their websites can provide valuable information on how to deal with a workers’ comp case.

Among the things to look at in your particular injury case:

  • Work environment – Did your employer do all possible to keep you and others safe at all times?
  • Your actions – Did you follow instructions and do all possible to stay safe in your workplace?
  • Workplace history – Is there a history to suggest your workplace has been unsafe over time? Unfortunately, some employers will skirt the issue of workplace safety altogether. In trying to save money or avoid negative publicity, they do not address issues at work.
  • Settlement – Last, were you offered a quick insurance settlement in hopes you would not file a suit? Never accept such a settlement until consulting with a workers’ comp professional.

Although there are many ways your job can stress you, an unsafe workplace can be one of the biggest. Don’t let a workplace injury derail you.

If you need workers’ compensation advice, find the right legal mind to talk with.

He or she could help you get the settlement you need to move on in the working world.

Uncategorized Editor Wed, 19 Sep 2018 22:32:40 -0400
An In-Depth Look at the Process of Chapter 13 Bankruptcy Filing for bankruptcy is a step that must be taken after thorough consideration and deliberation. It is an official declaration that your liabilities have exceeded your assets and you cannot pay back your loans or meet other financial obligations.

When filing for bankruptcy, you can either qualify for chapter 7 or chapter 10. However, the latter among the two is more complication to understand because of the complexities involved. In this post, we have discussed the bankruptcy process of chapter 13 in detail. Continue reading to know more about it:

A Brief Overview

In this type of bankruptcy, instead of surrendering from the loan, the borrower drafts a new repayment plan and presents it to their creditors. It is a revised plan with altered payment conditions as compared to the original ones. Here is how this process begins:

Step 1: Filing of Petition

It is the first step of filing for chapter 13 bankruptcy. In this step, the borrower/debtor files for a voluntary petition. It is important to note here that filing payment plan and schedule may not be necessary here; it can be done at a later stage of filing for bankruptcy. In this step, the details related to the assets and liabilities of the debtor are also compiled.

However, in this repayment plan, a roadmap is drafted. It gives a clear direction of how the debtor is going to repay each loan they have taken. A 3 or 5-year repayment schedule is formed. The amount is paid to the standing trustee by the debtor on monthly basis. The trustee then distributes the amount to the creditors in the decided ratio. It usually depends on the amount of the loan and its type.

Step 2: Attend Creditors Meeting Scheduled by the Bankruptcy Court

Once the voluntary petition is signed and the repayment plan is formed, the next step is to hold a creditors meeting. This meeting is scheduled by the bankruptcy court. This meeting is attended by the debtor, creditors, and the trustee. The trustee and creditors ask various questions to debtors related to their financial condition and the repayment schedule they have formed. It is important to note that this meeting is not mandatory to be attended by the creditors.  

Step 3: Confirmation of Repayment Plan

This is a lengthy step as it can take a time of few months for its completion. Creditors may also raise objections on the repayment plan in this phase. Therefore, it may have to be altered owing to these objections or the trustee’s feedback. Furthermore, some other factors may also compel to change the repayment plan. However, after it has received confirmation, no term of the repayment plan or schedule can be altered provided permission has been obtained from the court.

Step 4: Discharge

This is the last step in completing the chapter 13 bankruptcy process. It implies that the debtor is free from repaying loans they owe. However, not all debts they have obtained may be discharged. The debtor receives a discharge after they have complied with all the regulations and terms of chapter 13 confirmed by the court.

Loan Lawyers – A Reliable Team of Attorneys for Assistance in Bankruptcy Matters

At Loan Lawyers, we have served various clients seeking bankruptcy assistance. A professional and experienced team of attorneys is at the helm of dealing with complex bankruptcy cases. Right from making the right selection when it comes to bankruptcy options to assistance during the filing and forming the repayment plan process, we have got you covered. Contact us now to know more about our services or to book a free consultation.

Author Bio:

This post was written by Loan Lawyers. Loan Lawyers is a team of experienced and aggressive consumer rights litigation and trial attorneys in South Florida helping clients throughout the state of Florida.

Uncategorized Editor Wed, 29 Aug 2018 11:44:22 -0400
How Does Your Legal Practice Stand Out from Others? When you stop to think on it, how does your legal practice separate itself from competition?

Doing so can set you up for many years of strong business. Not doing so can mean some tense times as you battle for clients.

In trying to stand out from other law firms, are you winning the battle?

Steps to Take to Win

For your law firm to take steps to win, start by looking at how you are or are not marketing your services.

Sure, many law firms were successful before there even was an Internet. That said it has been a whole new ballgame ever since the Internet became a thing.

With the Internet, your firm has the opportunity to promote a brand message that can be seen by many potential clients.

But what if you do not have the marketing experience necessary to get that brand message out to the masses?

One option is to reach out for help.

As folks coming for legal help contact you, do the same with those companies in digital marketing. You might find surprise and happiness with what is available to you.

So, whether you opt for Legal Legends or another marketer, give it consideration.

In getting the marketing help you need, your law firm can soar to new heights.

But before you can select the right marketer to assist you, do some research.

Among the factors to take into consideration:

  1. History – How long has the marketing business been around? While there is nothing wrong to consider going with a new company, one with years’ experience could be the way to go. Only doing some research will help you better decide which one is best for you.
  2. Services – See what each marketer may be able to offer you. You might find that you need some marketing services more than others. Are you doing any marketing of your own now? Do you have anyone on your current staff with expertise in writing content or doing social media? Once you know your needs, you are better positioned to select the right provider.
  3. Customer service – Last, you want a marketer that will give you the best customer service. Sure, you will have to do some digging to find out which ones come with the most recommendations. That said always remember that your marketer of choice works for you and not the other way around. Find one willing to go the extra mile for your law firm.

Your Clients Can Spread the Word Too

As important as hiring the right marketing business is, don’t overlook the role some clients can play.

With that in mind, have you done any client testimonials over time? If not, consider these moving ahead.

A client testimonial can be the difference in a prospective client coming your way or not.

While you always want permission of a client for a testimonial, don’t be afraid to approach them. Many clients are likely thankful you came into their life and won cases for them. In turn, they would be happy to tell others about your services.

Meantime, if you have been slow to get outside marketing help for your law firm, don’t you think now might be the time to do so?

When you do, there’s a good chance you are going to smile with the results you end up with.

Uncategorized Editor Wed, 15 Aug 2018 22:31:51 -0400
Steps to Follow If You Get Arrested             Nobody wants to get arrested, but in case you do, first thing you must do is ask for a lawyer to represent you. It does not matter whether you are guilty of something or not, the most important thing for you to do is clearly say that you want a lawyer. Speaking without lawyer is not advisable, as anything you say may be used against you later in the procedure. Therefore, avoid talking with the police even if they continue to talk to you or ask you questions. Usually when someone gets arrested and then charged with some crime, a bail amount is set and arraignment date for hearing. At the arraignment date you need to plead whether you are guilty or not guilty. When you plead not guilty, your lawyer will be given a time period in which he will have to file necessary pre-trial motions.

            Regardless of the crime you are being accused of, it is recommended you hire services of quality New York City Criminal Lawyer. It is better for you to spend money on a good lawyer that will fight for your rights and will do his best to help you in the case instead of you spending money on paying bail. Having an experienced and skillful defense attorney is often crucial in certain cases and they can even help their clients walk away cleared of charges. If you find hiring good lawyer expensive, then you might be given a lawyer by the court, but these lawyers are usually not as good as hired ones and do not provide the same type of defense as paid ones. This does not mean that court appointed lawyers are bad lawyers, but they usually do not have enough time and lack resources in order to provide you with best possible defense in the criminal case.

            When you are thinking about which criminal lawyer to hire, you should always consider those lawyers that have big experience and good record in handling criminal cases. Those lawyers that have handled similar cases like yours before will usually provide the best defense. Remember that different courts have different set of rules that need to be followed, so only an experienced lawyer with good knowledge in the court systems and the criminal law can offer you good defense in your case. Always be open with your lawyer and talk about all details regarding your situation. Ask him what he will do and which steps he will take in order to help you defend yourself from accusations and charges.

            Seasoned, knowledgeable and reputable criminal lawyer will do his best to fully investigate all facts, details and witnesses in your case. They will talk with the police and check out their reports and evidence they have against you. Remember that in order for you to get best criminal defense and hope for the best outcome, you need to be patient and trust your lawyer. That is usually the best way and only way for successful outcome of the case.

Uncategorized Editor Wed, 25 Jul 2018 23:55:05 -0400
Is Your Family Safe from Criminals? Are you confident your immediate family is as safe as possible from criminals?

In today’s world, criminals have more avenues to go after individuals and their families. As such, it is important you do all you can to lessen the odds your family will be next.

From identity theft to someone breaking into your home, do everything to keep the bad people away.

So, is your family safe from criminals?

What Steps Do You Need to Take?

In looking at what you need to take to keep criminals far away, start by reviewing your family’s finances.

As too many families have discovered over time, identity theft is a real and growing problem. As a result, your loved ones could be next on the list.

It is worth your time to look at identity theft protection providers on the market.

Assuming you do not have one now, find a company to look out for your finances.

You can start by reviewing an Identity Guard family plan or those of other top providers.

As you review such plans, research to see how long the companies have been around. Also look at their track records of success. Last; see which plan makes the most sense at the right price for you and your loved ones.

With a plan in place, you can rest a little easier knowing someone is watching out for you.

Is Your Home Safe from the Outside World?

Another area of concern should be your physical safety.

With that in mind, you want to make sure your home is as safe as possible.

Many criminals only need that one mistake on a homeowner or renter’s part to strike.

Among the areas you need to cover:

  • Keep doors and windows locked
  • Keep your outside property neat so it doesn’t look like it is empty at times
  • Keep the social media posts when on vacation offline until you are back in your home
  • Keep a close neighbor alerted when you do go away for a period of time

By doing what should be commonsense, you can lower the chances of becoming the next crime victim.

Unfortunately, too many make that one mistake to leave the door open for criminals to strike.

Protect Your Children

While there is a good chance you know what to do for your safety needs, do your children also know?

Given their age, children can end up being the most vulnerable of people when it comes to crime.

For example, do you let your child get on the Internet? If so, you want to be sure they do so with your supervision.

Have rules in place for your children when they are online. The same holds true if they are old enough to have a smartphone. Some kids wander around the Internet and end up coming in contact with some bad people.

Keeping your family safe from criminals may seem at times like a 24/7 job.

That said it is one of the most important jobs you will ever have in life.

Take the time today to make sure you are covering all your bases.

Uncategorized Editor Thu, 19 Jul 2018 22:19:13 -0400
Top Tips for Hiring a Legal Transcription Services Company There is zero room for error when it comes to the quality of legal transcription. But, how do you know that the company you’re hiring is as good as their website makes them out to be.

Well, apart from rolling the dice and hoping for the best, you need to take advantage of key questions, savvy research, and be ready to look elsewhere when you’re not wholly satisfied. Admittedly, hiring a legal transcription services company is not a one hour task, but remember this is for your own benefit – you need to have complete confidence and trust in the company you hire.

Before hiring the first legal transcription company that appears in the Google search results page, make sure you’ve followed our top tips for hiring a legal transcription company.

Do Your Research

Thoroughly read everything you can find online about potential companies. This includes visiting review sites, social media accounts, and contacting previous clients. Find out how many projects the company has and the priority given to your company. Confirm the format of the final legal transcription product, know how you’ll receive the file and when.

Ask For Proof of Accuracy

Ask the legal transcription company to provide you with proof of accuracy. This includes providing you with examples of previous transcriptions. Know that the quality of accuracy in legal transcription varies broadly, so you want a company that can guarantee and offer proof of 98% accuracy.

Remember the Non-Disclosure Agreement

If the company doesn’t agree to sign a non-disclosure agreement, walk away.

Confirm the Turnaround Time and Schedule

Ask about the standard turnaround time for legal transcription. Find out if the company has a back-up plan should an employee get sick or run into issues with the transcription. Ask about the schedule and about rush transcription. Make sure the person responsible for your legal transcription doesn’t have too many projects on-the-go.

Get and Check References

Just as you do when hiring a new employee, you need to get and check references for the legal transcription company. If the company representative hesitates on providing references, this is a definite sign that you should look elsewhere. Along with references, ask for examples of previous transcription work. You may also want to ask for examples of previous schedules and a demonstration of how the final product is delivered.

Ask About Data Security

It’s very important that you have extreme confidence in the company’s and the transcriber’s data security. Ask about how and where transcription data is stored. Find out what happens to this data once the project is completed. Ask about data security for work-from-home legal transcribers. You need to know that all sensitive data including names, addresses, social security numbers, financial data, health records, and any other identifiers are kept 100% secure.

Verify Industry Expertise

Make sure you hire a company that does specialize in legal transcription services. There are so many transcription services online that it can be easy to accidentally hire a company that does not focus on legal transcription. Be wary of companies that claim to service all industries, you want a company that specializes in legal transcription – this helps ensure the accuracy, validity, and confidence in the final product.  

Know What You Want

It’s one thing to ask the legal transcription company hard questions and to hold them to high standards, but if you don’t know what you want and need – you’re no further ahead. Make sure you know what you need and when you need it by. Know how you plan to make the audio available to the transcription company and confirm that this is an acceptable format. Before signing any contracts, confirm the delivery schedules, the pricing structure, the turn-around time, and the format of the transcribed data.

Essentially, the more time spent asking questions and narrowing down deliverables – the better the final result. You want to be satisfied with the legal transcription and the company wants to make sure you’re satisfied. By being thorough and following our tips for hiring a legal transcription service company, you’re helping yourself and the company doing the work.

Uncategorized Editor Thu, 19 Jul 2018 22:16:46 -0400
Can Litigation Finance Help Unsecured Creditors to Boost Recoveries? The biggest loss faced in the case where an individual or entity declare themselves as bankrupt is by unsecured credits. In the case of a bankruptcy, the obligation to repay unsecured loans is generally removed even after the conclusion of the bankruptcy period. However, there are certain exceptions as the borrower may be obligatory to pay certain unsecured loans.

A major problem unsecured creditors have to deal with in case their borrower is filing for bankruptcy is the recovery of their loan amount. As stated above, in the most probability, these loans are forgiven; thus, the lenders are at the risk of losing their money.

One way for the unsecured creditors to recover the money they have given as unsecured loans is to use the litigation finance option. Wondering how it can help them? Is it a viable option? Will it actually work? You will find answers to all these questions in this post. Continue reading!

What is Litigation Finance?

It is a practice in which a third-party company finances the plaintiff. In return, they are entitled to get a portion of the amount recovered. This portion is pre-decided among the parties.

How can Litigation Finance Help to Boost Recovery of Unsecured Loans?

When a person applies for bankruptcy, unsecured creditors do not get enough time to recover the amount they have given as loans. In this situation, they can use this option as it slows down the bankruptcy procedure. This gives time to unsecured creditors to make worthwhile claims that can help them to recover their money.

This option also helps them to have funds to manage their claims and develop evidences to support their case. It is a known fact that there are plenty of expenses associated when a legal claim is filed. Apart from legal costs, it also includes fees of lawyer and witnesses. If the plaintiff has opted for financial litigation, they will not have to worry about these expenses and solely focus on the recovery of their unsecured loans.

As a result, the chances of recovery are high. As stated above, a certain portion of the amount they have recovered goes to the third-party company responsible for litigation funding.

It is to be noted that a financer litigator will not fund every case. They generally conduct a deep analysis on the case before funding it for litigation purposes. Right from the case strategy to potential damages and risks, they consider each and every factor of the case before funding it. This information is not only useful for the litigator but for the plaintiff as well.

A prominent benefit of opting for litigation finance is that it is a no-risk option for creditors. In the case where there is no recovery made, they do not owe anything amount to the litigation funding company. Therefore, it is considered a viable option for them.

Are there any other benefits of using litigation finance option?

Litigation finance option offers plenty of benefits, apart from boosting the recovery process. The benefits are not only limited to the plaintiff, it is also advantageous for law firms and attorneys.

For plaintiffs, this option helps them to cover expenses related to numerous cases they have at their disposal. It also minimizes the risk for settling on the low settlement amount. When it comes to attorneys and law firms, litigation finance option assures them they will get their amount due. Therefore, they are able to work in favor of the plaintiff effectively.

Importance of Litigation Finance Option

This option is becoming immensely popular with law firms across the globe. As per records, the number of firms that have gone for this option has quadrupled in the recent years. It is widely used in the UK and Australia; however, the popularity is rising at a fast pace in the US as well.

Apart from using this option for boosting the unsecured loans recovery, litigation finance can also come handy in following scenarios:

  1. A litigation financer can purchase the complete claim by offering a huge capital to the plaintiff. However, this usually happens when the value of the claim is high and the financer understands all the risks associated with it.
  2. In case of litigation trust, this option can also be used for funding purposes. This results in a quick and efficient recovery of money for creditors and estate.
  3. Law firms can also use this option to lower the risk level when it comes to dealing bankruptcy cases on contingency. This enables them to manage cases efficiently due to a smooth cashflow.

Final Thoughts

To sum it up, it is safe to say that lenders who offer unsecured loans, they can now rest assured that they can still recover their money even if the borrower is filing for bankruptcy.

Uncategorized Editor Mon, 16 Jul 2018 10:20:06 -0400
4 Things to Clarify Before Filing a Lemon Law Case Prior to lemon law being established in the United States, buyers of defective vehicles (known as lemons) were essentially out of luck. Fortunately, nowadays, there are laws across the country designed to protect consumers and other drivers on the road from faulty vehicles.

Buying or leasing a defective vehicle always seems like something that will never happen to you. If you find yourself in this sticky situation, there are surely a lot of thoughts running through your head.

If you are suspicious that your newly acquired vehicle is a lemon, there are a number of things to clarify before filing a case. Here are four of the big ones to consider.

  1. Does My Vehicle Meet the Criteria?

While some version of the lemon law is present across the country, the specifics vary slightly from state-to-state. For example, let’s use California - where the number of cars on the road is higher than any other state.

Under the California lemon law, there are several key points to consider:

  • The vehicle has one or more warranty covered defects that compromises its use, value, or
  • The vehicle’s manufacturer has made at least two attempts to repair a defect.
  • The vehicle’s manufacturer has made four or more attempts to fix the same defect.
  • None of these warranty covered defects were a result of abuse by the driver.
  • Contrary to what your dealership may tell you, the above scenarios do not need to occur within 18 months of purchasing the vehicle or if 18,000 miles of use.

If your defective vehicle meets this criteria, a California lemon law lawyer may have the green light to pursue your case.

Regardless of the state you are in, you can be fairly certain your vehicle qualifies as a lemon before scheduling a consultation.

  1. What Are the Potential Outcomes?

The lemon law is a remedial statute, designed to protect the consumer. When you have a legitimate lemon on your hands, the outcome of a lemon law case is generally favorable for the consumer.

For starters, you may have a couple different options to choose. The most common form of restitution is a refund, more commonly referred to  as a lemon law buyback. This entitles you to a refund for what you paid for the car minus a minor mileage offset. If you took out a loan, the manufacturer must cover the down payment you made for the vehicle, the monthly finance payments made, and the remainder of the loan.

Alternatively, you may also opt for a replacement of the defective vehicle. This can either be the same model or one of similar value. However, the replacement option must be agreed upon by both parties. Unlike a buyback, the  lemon law does not require the manufacturer to provide a replacement.

In addition to the cost of the vehicle, the manufacturer must also reimburse you for the sales tax, licensing and registration fees, and all other official charges associated with the purchase of the vehicle.

Moreover, the California lemon law requires the manufacturer to cover incidental costs that were the result of the defective vehicle. This includes all repairs, towing expenses, cab fares, rental car costs, etc. For this purpose, be sure you are holding on to ALL receipts and records.

  1. Do I Really Need a Lawyer?

If you’ve done all the research and are relatively certain your vehicle qualifies as a lemon, you might be asking yourself whether or not it’s worth the trouble of finding a lemon law attorney.

To answer this question; you absolutely need to find a lemon law lawyer to handle your case.

There are several reasons why.

For one, this is probably your first – maybe second – experience with a lemon. The auto industry is equipped with some of the most high-powered legal teams in the country. If you want to get the most out of an auto manufacturer that sold you a defective vehicle, you need to have a specialized attorney in your corner. The manufacturer will always look out for its best interest, not yours. The manufacturer’s main goal is to limit its exposure and deny your lemon law recovery.

Second, the lemon law requires the manufacturer to pay for ALL your legal costs, and attorneys’ fees. That being said, seeking out a reputable lemon law firm to represent you should be one of the first steps when you have a lemon.

  1. Does this Lawyer Value Consumer Justice?

When it comes to actually choosing a lemon law lawyer for your case, there are a few things you need to look for.

First, they need to specialize in lemon law. As a general rule of thumb, if the firm does not advertise this service, don’t consider them. Second, be wary of the big national lemon law firms. In many cases, these organizations make their money on the number of cases they pick up, and they will try to get you to negotiate a cash settlement – which can be far less than what you paid for the vehicle. Lastly, steer clear of a firm that demands retainer or a contingency fee to be paid from your lemon law buyback. These firms can charge as much as 2-4% from your buyback recovery, leaving you with far less that a refund of your purchase price. Being as how a lemon is the result of manufacturer negligence, wilful ignorance, or even fraud, a trustworthy lawyer should not ask for any out-of-pocket costs from your lemon law buyback.

As you meet with a lemon law attorney, it should be clear they have a passion for standing up to the big corporations and are committed to resolving claims quickly, but with the highest possible recovery for you.


Lemon law cases are never exactly easy. Purchasing a defective vehicle is inconvenient no matter how you look at it. However, with the proper amount of research and a credible attorney representing you, the process should be relatively pain free.

Uncategorized Editor Fri, 06 Jul 2018 04:55:44 -0400
Make Your Dreams Come True Trying to make your dreams or the dreams of those close to you come true can be a challenge at times.

With that in mind, are you willing to do all it takes to see those dreams become a reality?

Work Hard to Get What You Want

Whether getting a job, overcoming a health issue or even realizing the American dream, you can do it.

For example, do you or loved ones want to make the U.S. your permanent home? If you do, you know the immigration system can be more than a simple challenge at times.

With that being the case, having an immigration lawyer in Utah or wherever you hope to settle is key.

He or she can work with you to get a step closer to obtaining citizenship and realizing the American dream. If you are looking to bring family or close friends to the U.S. too, your immigration lawyer can help with that.

When looking to settle in the U.S., keep a few things in mind:

  1. Location – What area of the country would be your preference to settle in? If you have been to the country before, did one area stand out to you? For many coming to the U.S., weather and job opportunities can often be two of the biggest influences. Of course where family may be here will also play a big role.
  2. Jobs – Since you’re going to need to work once settled here, look ahead of time to see where the economy is doing its best. The last thing you want to do is end up in an area where jobs are scarce and the cost of living is on the high side.
  3. Cost of living – In talking cost of living, do research on which areas of the country tend to be the most expensive. Starting over in a new land can be hard enough. If you throw in expenses that you can’t handle, it will make things all the more difficult.
  4. Chances to grow – Whether jobs or making more money, look to opportunity for added growth. This can help get you through some tough times when you know brighter days may well be ahead.

In looking to capture the American dream for you and your family, stay abreast of what is going on in the country.

One of the ways your immigration legal counsel can help is providing you with such details.

He or she should be up to date on trends involving immigration and any concerns that may be out there. Rely on them to be your ears and eyes when it comes to being able to realize the American dream.

Yes, you may have some major roads to climb in accomplishing the American dream.

That said know there are people in the legal community and elsewhere there to help you out along the way.

So, will you do what it takes to finally realize your dreams?

Uncategorized Editor Tue, 26 Jun 2018 22:14:05 -0400
Wrongful Death Law 101: Who Can File Lawsuits               Wrongful death litigation is an attempt to provide justice to the families of those who lost a loved one due to a situation caused by negligence. When the behavior of a third party directly or indirectly caused the death of an individual this is the time when the lawsuit must be pursued. There are many facets to what constitutes wrongful death and what damages are entitled to be received. Although the process can be difficult emotionally it is important to know which rights are afforded to those involved.


              There are many costs that are associated with injury and death.  The surviving family or estate is able to file for damages for these costs. They include but are not limited to, hospital and doctor bills, damage to property like an automobile, and even funeral and burial cost. These are the most direct and measurable cost because they are recent and documented.

              There are other costs which are less direct but are every bit as important. These are obviously harder to calculate and we advise speaking with a top grade accident & injury lawyer to get a better idea on this. Often individuals have retirement accounts or pension plans from which they would have received funds throughout their life. Families can be entitled to transfer the payments to surviving beneficiaries. Another significant payment can be from loss of future earnings. There are complicated formulas used to calculate what someone would have earned based on current income, anticipated future income and life expectancy. This can be paid out over time especially if the individual who lost their life was the provider for the family.

              A more difficult damage to determine, but just as real, is emotional damage or lost of companionship. These are paid out based on the fact that the remaining family has suffered a loss in their family. Therapy counseling and other cost can be occurred from this, but emotional damage is a common occurrence after death. Often in the aftermath people miss work therefor losing income, or in the case of children fall behind in school due to being absent, which can have long term effects.

           In cases where negligence was more direct and easy to prove there is the option of punitive damage. Punitive damages are meant to punish the individual who was negligent to discourage future behavior by themselves or others. This can be the case where someone did not take necessary precautions to ensure safety of others because they wanted to save money, did not make it a priority, or even just irresponsible.

Who has the right?

              The rule of thumb is the closer the relationship of the family the easier the lawsuit. In this case, spouses can always file for wrongful death suits (assuming all the other factors are met). Minors can file suit upon the death of a parent and parents may file upon the death of a minor. Where there are variations in the law are other relationships or situations, for example adult children filing for their parents or parents filing for adult children. Also, more distant family member like cousins, grandparents, and aunts and uncles.

Sadly, wrongful deaths occur from very mundane situations. Slip & fall injuries for example can seem innocent, until they can potentially lead to death. Spills and falling objects can also sometimes be so severe that they result in death. Anyone whose family member was a victim of such negligence must know these laws..

Contributed by:

Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333

Shulman & Hill Personal Injury Law Brooklyn 26 Court Street 21st Floor Brooklyn, NY 11242 (718) 852-4701

Uncategorized Editor Thu, 17 May 2018 09:36:55 -0400
How to Ensure Your Winding Up Petition Is Not Dismissed or Withdrawn

Some time ago, we presented a winding up petition to a company that owed one of our clients £50k. Upon receipt, the respondent company threatened to apply for a court injunction to restrain us from proceeding and dismiss the petition on the grounds the debt was disputed.

The respondent company falsely alleged that £49k of the debt was disputed, but in accordance with section 123 of the Insolvency Act 1986, the petition remained in force as the undisputed sum (£1k) was more than £750.

Additionally, they claimed that if successful with the injunction, they would seek another court order forcing our client to pay their legal costs. In this case, the respondent company was unable to provide any evidence of a dispute and eventually paid the debt, and our costs.

However, all too often, the threat of having to pay the other party's costs forces petitioning creditors to withdraw their petitions, even though the respondent company's complaints are not genuine.

When issuing winding-up petitions, you tend to find respondent companies are quick to make an application to restrain and dismiss the petition because the only way they can get out of the situation is to demonstrate to the court that there is a dispute.

Once this has been established, a petitioning creditor must withdraw their petition because it is an abuse of the insolvency process to continue while a dispute between the two parties exists.

Even if the creditor finds out about the dispute after a petition has been issued, they must withdraw the petition immediately as respondent companies do not have to prove the dispute has any real merit, only that a genuine dispute exists.

And that's why in these circumstances, you must be absolutely certain the debt is undisputed because intentionally issuing a winding-up petition for a disputed debt is an abuse of process, and the court will dismiss that petition, and order costs on a full indemnity basis against you.

Challenging your debtor's application to dismiss your winding up petition

If you are absolutely certain the outstanding debt is undisputed, indulge in some brinkmanship and call the respondent company's bluff. Tell them: "Fine, go ahead with your application to restrain and dismiss. We'll see you in court."

Once you're successful in challenging their application, two things happen:

You are free to advertise the petition and the respondent company's bank accounts will be automatically frozen.

The court will order the respondent to pay your costs in defending the application.

Upon receipt of a winding-up petition, around 20% of the time, respondent companies, especially if they have nothing to lose, will say: "We can't pay the debt. Let's get an injunction, and if we fail and are ordered to pay the petitioning creditor's costs, we'll just wind up the company."

However, in the vast majority of cases, to avoid the petition being advertised and having their bank accounts frozen, the respondent company will capitulate and swiftly pay the debt.

At Insolvency & Law we specialise in providing insolvency services to all UK businesses and individuals. Our comprehensive services are varied but include defending and presenting Winding Up Petitions for debtors and creditors. We also advise our clients in defending statutory demands.

To view a fully service offering please visit

Uncategorized Editor Fri, 02 Mar 2018 13:40:13 -0500