LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Thu, 16 Sep 2021 07:02:14 -0400 Do You Need A Power of Attorney? Here is All You Need to Know! It's never too early to start thinking about your estate planning. Your future is not promised to you and, anything can happen in the next very second. Therefore, it's a clever step to pre-plan your estate planning. What's the first thing that comes to your mind when you think of the paramount document of your estate plan? You probably come with an idea of your will or testament. But, do you know the fact that a well-drafted financial power of attorney can be the most important document of your estate plan? Probably not, as this concept isn't popular enough among the people. In today's article, we will discuss a power of attorney and why it is a significant factor for your estate planning. Before we dive deeper into that main topic, let us know the few basics of power of attorney. Just read on!

What Is Power of Attorney?

Power of attorney is legal documentation in which a person grants rights to the other person to help him manage the financial, medical, and estate planning. The person who allows this responsibility is called the principal, while the individual working under legal documents for the principal is called an agent. The agent that you hire must be trustworthy or hired after having enough details and research about him.

What Is the Durable Power of Attorney?

The simple power of attorney is only eligible until the principal is mentally stable. The day he starts losing his consciousness, the eligibility expires. Therefore, hiring an agent for durable power of attorney is a more efficient way. This is because its eligibility won’t retire even after the principal loses his consciousness. Although, hiring an agent under the durable power of attorney is a more complicated and expensive task as it requires an extreme level of trust in someone. Transferring the responsibility of power of attorney as your estate plan to your spouse or your heirs for this purpose is the best option.

Why is Power of Attorney Important?

The paramount of having power of attorney is when the principal gets incapacitated. If a person has a well-drafted power of attorney, his agent will immediately start managing his financial, medical, and estate planning problems. It won’t require the interference of the court. But, if the person doesn’t have a well-drafted power of attorney be losing his consciousness, he has to go through the cumbersome system. It is an unnecessary process in which they provide guardianship for your property. Despite that, the guardian has to wait for court permission before taking any step. This process is also very time-consuming.  Therefore, hiring an agent for durable power of attorney is always a clever move. 

Do You Need Power of Attorney?

As we have already mentioned its importance before, the requirement of power of attorney feels pretty necessary. No one is 100% about being mentally and physically stable in the upcoming future. You can't even predict anything accurately. For example, the strike of the coronavirus made several people unable to work properly due to strict lockdowns. Having power of attorney will help you manage your financial, estate planning, and medical issues more efficiently. It will also save you the cost of going through a cumbersome system and minimize your future complications. You can consult an agent according to your circumstance. 

Final Thoughts

After reading the whole article, now you have all the basics about power of attorney. We’d recommend that you require power of attorney for a risk-free future. It is as important as your insurance. Both of them secure you a carefree future. But, before hiring an agent, you should research its policies according to your country. It is because the requirement of hiring an agent varies from country to country. Selecting a fiduciary, like a guardian, can be a time-consuming job and requires a lot of research. But it will pay off to you in the future. 

Although we have mentioned all the basics of power of attorney in our article, if you still have any questions regarding this topic, drop them in the comment section below! We are here for you. 

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What Is Business Litigation and How to Prepare As a business, you can face legal disputes from all different angles, so it pays to fully understand the ins and outs of business litigation. Law disputes for businesses are often complex and create publicity disasters. Understanding how to be prepared can help you avoid lawsuits in the first place. If you’re looking to wise up on business litigation, you’re in the right place.

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What is Business Litigation?

Business litigation refers to the set of laws that manage the relationship between businesses and other persons. Ideally, a business will want to avoid litigation at all costs and will pay attorneys to handle cases. If a lawsuit goes ahead, the record becomes public, which can be detrimental to businesses. The best way to deal with business litigation is to manage it head on before it grows. If you need to payout and settle to avoid the courts, this will be cheaper for your company in the long run than fighting it in court. If you want to keep updated with national litigation news, you should head over to fr.com.

Common Types of Business Litigation

Business litigation is an umbrella for many different areas of law. Understanding the common types will help you remain on the right side of the law.

  • Intellectual Property (IP). Every business has IP, which can include internal business procedures and ideas for new services. You need to protect what is yours. To do this, you should copyright new ideas and apply for patents. If you fail to protect yourself, your property may become disputed by others.  
  • Contract Law. This type of law refers to the creation of agreements and contracts, which can be business to business or business to customer. A lawyer can help you decode contracts as well as draw them up.
  • Regulatory Law. This is the business law that keeps you on the side of legal operation. Each state will have different regulations, and you need to register to trade in each new state.

There are plenty of other types of business litigation, but the ones above are the most important.

How to Get Prepared for Business Litigation

Many businesses don’t deal with problems until they arise. However, if you spend your time putting out fires, you will waste more resources than it’s worth. The first thing you need to do is build a relationship with attorneys that you can have on call around the clock to offer advice. Once you’ve found an attorney, you need to comb through your entire process to find gaps that could lead to large lawsuits.

No matter how much you prepare, business litigation is always waiting for you. Understanding how each branch of business law works is the best way to stay ahead of the grain. If you are unfortunate enough to face a lawsuit, you should contact your attorney immediately. If your lawsuit ends up going to court, you will end up paying a considerable amount of money. Sometimes, the best thing to do is settle quietly outside of court.

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How to Choose a Personal Injury Lawyer

Personal injury law is a very specialized and complicated area of the law. Choosing the right Philadelphia Injury Lawyers P.C can make all the difference in the outcome of your case. Personal injury attorneys usually specialize in one type of injury, such as automobile accidents, slip and fall accidents, medical malpractice, wrongful death claims, or product liability. It's important to know what type of injury you sustained and choose a lawyer with experience with your type of injury.

There are several things to consider when choosing a personal injury attorney. Know what type of injury you sustained, and try to meet with several attorneys in the area to discuss your case. You should feel comfortable with your choice and feel confident that you're making the right choice. First impressions are essential.

Every single case is different, as all attorneys know

No two cases are the same. Many variables are involved, including where the injury happened, how it happened, the parties involved, etc. Every single case is different, as all attorneys know. They will be able to guide you through your case and help you to understand it.

Regardless of your injury, the law firm you choose should have the necessary experience, knowledge, and resources to help you with your case. Look for a lawyer with a proven track record who handles similar cases regularly. Personal injury law is an area that most attorneys handle on a case-by-case basis. Having experience with your type of injury will help your lawyer evaluate your case correctly and understand what you're going through.

Choose a lawyer who is comfortable explaining complex terms

Most lawyers know that you're not a legal expert. That's why most are willing to explain everything in terms that are easy for you to understand. Choose a lawyer who is comfortable explaining complex terms. When choosing a lawyer, look for the one who gives you the best advice based on your specific injury. The types of advice he provides should be tailored to your situation.

There are many variables involved in a personal injury case. For instance, circumstances could have led to the accident itself. The location of the accident may have played a role, as well as how it happened. The entire situation involved all parties, including witnesses. The more information you have, the better it is for your case.

Another critical factor is finding a lawyer who can understand your injury at a level above just being able to understand the legal aspects of your case. Being able to give you the emotional support that you need is also an essential factor. You cannot find that in any other profession. The more emotional support you get, the more confident you'll be that your injury will be addressed properly. That's why finding a lawyer that will be emotional support for you is so important.

You were injured, and it's your right to be compensated for your injuries. A lawyer is going to provide you with the legal assistance you need. That's why you should choose a lawyer who has the experience and who will be there to support you emotionally!

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Uncategorized https://www.lawresolution.com/blog/how-to-choose-a-personal-injury-lawyer/ https://www.lawresolution.com/blog/how-to-choose-a-personal-injury-lawyer/ Editor Tue, 07 Sep 2021 02:50:57 -0400
Demands for Personal Injury, Victims of a Medical Malpractice Everyone trusts medicine professionals and expects the best of this, that they are infallible and there may be satisfactory results to the treatment, it is very rare to know some cases of negligence.

Doctors are expected that doctors in the exercise of basic knowledge, skills, and care usually achieved with years of study and dedication, act for the benefit of people who reach health centers, clinics and hospitals needing their services.

The implementation of techniques and advanced processes to improve the health of their patients leaves evidence that they do a work of wonder.

But, when a medical professional treats a patient inadequately and does not make proper use of him, or on the contrary, stops doing something that is imperative, that lack is a deviation from the norm of known practice as negligence.

How to know if a personal injury constitutes a medical negligence

The victim of medical injuries has the duty to prove that the provider of medical services has been negligent and did not comply with the applicable professional standard for that class of professional work.

The foregoing means that the treating doctor did not act as a highly prudent health provider, in risk situations or to save the life of a patient. Physicians are judged similarly to other health professionals (with less knowledge and responsibilities) and in the same field of medical specialization.

Likewise, a hospital has the obligation to offer their patients personalized care, and inform the entire team about the correct use of facilities that are generally used in similar hospitals in similar circumstances.

Present tangible evidence

For its part, the patient victim of personal injury has the option of exhausting all the instances until it qualifies the process of it as medical negligence, and ultimately, seek legal advice with injury lawyers.

However, both the patient and the lawyer must prove that the medical professional has breached the standard of patient care and this was the main cause of injuries and damages they denounce.

That is, the legal advisor (the lawyer's figure) must check the close relationship between the low action of the health professional and the damage received by the patient.

Ultimately, there is no doubt that the injuries were because of a medical error and thus be able to request an economic refund that includes medical accounts, lost salaries, pain and suffering, etc.

When you act with medical negligence

The medical career is a difficult specialization that requires a lot of effort on the part of those who study it, but like engineers or law, they have a moral responsibility that they should not ignore.

A healthcare professional has a responsibility to do everything humanly possible to safeguard the lives of their patients. However, medical negligence is not only governed by a surgery in which care was not taken or, having the resources, expired treatments are applied to minimize costs.

Examples

Negligence in the emergency room begins with poor treatment, by ignoring a person's symptoms to attend to their own incidents.

But of course, really serious cases are derived from the incorrect application of a treatment, illicit sale of medicines, reuse of surgical instruments that must be used by a single patient and then sterilized, misuse of tomography, scanner and MRI equipment. .

All of the above concludes a tremendous degree of negligence, of which many people have been victims and now have personal injuries that have undoubtedly completely changed their lives.

Action is necessary and although it may be difficult to achieve, it is necessary that the providers of these types of service take responsibility for their wrongdoing.

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Uncategorized https://www.lawresolution.com/blog/demands-for-personal-injury-victims-of-a-medical-malpractice/ https://www.lawresolution.com/blog/demands-for-personal-injury-victims-of-a-medical-malpractice/ Editor Mon, 06 Sep 2021 04:52:58 -0400
Can I Settle a Car Accident Lawsuit Without Going to Trial? In New Jersey, most claims following a car accident are settled with an insurance company before a car accident lawsuit is tried. However, injuries may be so severe that they cannot be fully compensated under the Personal Injury Protection (PIP) mandated by New Jersey’s no-fault law. In this case, a car accident victim may need to file a personal injury lawsuit to gain full compensation for their injuries, medical bills, loss of income, and other damages.

Car Accident Settlements in NJ

Is it possible to file a claim and settle a car accident lawsuit without a trial? Yes, many cases are settled with favorable outcomes for the victim if another driver’s negligence can be proven before the lawsuit even goes to trial. This is often in everyone’s best interest, including the defendant’s. Trials are time-consuming, costly, emotionally draining, and most people simply want to move on with their lives following a car accident.

Nevertheless, there are also times when going to trial can positively affect the amount of compensation someone receives in a personal injury lawsuit. Other times, cases can be very complex, and more time is required to ascertain the exact facts in the circumstances of the accident, where a pre-trial settlement may not be immediately forthcoming. In such cases, your attorney will help you determine whether your best chance at maximum compensation is to accept a settlement or proceed to trial.

Seek Legal Advice Before Settling

It’s critical to consult a car accident lawyer before proceeding to trial because, in most cases, the attorney will have the experience to evaluate the damages, causation and likelihood of a favorable outcome when making the decision about settling or proceeding.

If you are presented with an offer to settle your claim or going to trial, your response will be determined by whether the additional time, expense and emotional investment can translate to higher compensation. Your personal injury car accident lawyer will represent you in court and will fight for your rights once you decide together what the best course of action is for your case.

A New Jersey Attorney Can Help You Settle

Depending on the circumstances and your wishes, you can settle a car accident lawsuit without going to trial in the Garden state. Contact our attorneys for results, advice, and a consultation. We can help determine how to move forward with your case.

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What is a durable power of attorney? A durable power attorney is a document that states a person of your choice can act as your agent or on your behalf on a long-term basis. The option of this person is not subject to any restrictions. The person you choose is known as an agent. The agent you choose can make critical decisions on your behalf if you become incapacitated to reason straight. The conclusion they can make include health, legal matters, and finances on your behalf. Suppose incidences in your life lead you to be incapacitated, and you don't have a durable power of attorney. In that case, your family must step in and appear in court and declare you incompetent before they can be permitted to make decisions over your finances.

Essense and eligibility of obtaining a durable power of attorney.

A durable power of attorney is beneficial in cases of medical emergency that might leave you unconscious. The document gives the ability to appoint someone who will communicate with doctors and make medical decisions. This document is known as a healthcare power of attorney. To obtain a durable power of attorney, they have to be of sound mind and capable of making appropriate decisions on behalf of the senior. The agent can only make the decisions as listed in a durable power attorney.

People who would like to have durable power are advised to inform their family lawyer. They should later sit with the chosen agent to make your wishes are known and their expectations in handling specific issues. They should be of sound mind when engaging the agent and understand the agent's power over their property. A durable power of attorney is only active upon authorization with the court of law. The Durable power of attorney is valid whether the principal gets to lose their mind and not remembering if they signed the document.

Guidelines in execution of the durable power of attorney

As an agent, you can only execute power within the description in the durable power of attorney. This calls for the need for the principle to be precise and clear in the description of the agent's authority to reduce friction between the agent and the third parties during the execution of the same in case the principal is incapacitated.

 An agent is forbidden to execute some duties even if the durable power of attorney states otherwise. These duties include taking over the principles of voting and doing it on their behalf of the principal, Making a witness report in the principles place, create or revoke a will on behalf of the principal or in the case that the principal was authorized to be a guardian the agent can not take over such responsibility in case the principal is incapacitated.

The relationship of the agent and the principal bound by the law is entirely dependent on trust. In case of violation of the trust, the agent deserves to be punished both civilly and criminally unless a power of attorney legalizes such an act.

The power is effective as soon as the principles sign it. Changes are subject to the execution time frame when the principals state that the power of the principal is only effective when they get incapacitated. This is primarily the case. When it's time for you as an agent to execute your power, it's advised that on interacting with the third parties for the sake of transparency, you make a copy of the durable power attorney document and explain to them so that they understand it thoroughly before you take a step further. You need to sign on the document and indicate clearly that you are signing as an agent to the principal.

Fiduciary responsibility requires you as the agent to handle things reasonably with the principal. In managing their projects in instances that you are not sure of the course of action to take to execute the principal’s duties, it's advised that you seek professional help, which will, in turn, protect both you and your principal. Taking actions that are not prudent will make you liable to the third parties.

Importance of having a durable power of attorney.

  1. Opting for a  durable power of attorney is one of the best practices, primarily when you have worked so hard to create wealth for your loved ones. Having an agent will give you peace that even when you get to the point that you are incapacitated, your people will be well taken care of, and the law is also watching over everything that pertains to the contract. The fiduciary engagement is solely based on trust.
  2. The law declares someone who is not mentally unstable unfit to be part of any court proceedings. Having an agent, you have empowered via a durable power of attorney will prevent you from being declared incompetent and unfit if there is a proceeding to be attended to as your agent will prudently represent you.
  3. People tend to lose a lot of the wealth they have created when they abruptly become incapacitated to run their daily life. Since they had not empowered anyone as required by law to undertake their legal duties, their property gets exposed to a high risk of loss as they can not decide or transact, ending up losing all they had worked so hard to acquire for their family. Without the consent of the principle, the court declares everybody who tries to execute directorial duties as a stranger.
  4. Engaging an agent by signing the durable power of attorney gives you the assurance that you have protected your interest and those you care about. Because these are three code elements, the family now can sue the agent if they are not acting prudently as per the signed contract.

Risks of having a durable power of attorney.

  1. With all these advantages of having a durable power of attorney, there are risks involved. The moment the durable power of attorney becomes active, they have the full legal authority to act on your behalf. This indicates that you should settle for someone you are sure they are trustworthy and have your best interest at heart.
  2. If the durable power of attorney is revoked for any reason, it's prudent to notify all the third parties in time so that they won't continue dealing with them lest they get you to a loss.

A durable power of attoney is a good option for securing your wealth and the sanity of your loved ones as long as you are sure of the person you are dealing with.Whether its health or financial related power of attorney it all serves for the best of your interest.With the involvement of the law you can be sure that it’s a wise decision to take.

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Six Questions to Ask an Injury Lawyer After an Accident If you’ve been in an accident, one of the most important things to do is work with an injury lawyer that can help you secure compensation for your injuries. Of course, you must find an attorney who can get you the justice you deserve and will work hard to minimize stress for you at every step of the process.

You can learn a lot about a prospective attorney from scouring their website and reading client reviews; however, that won’t always tell you the entire story. Some things can only be determined from meeting and talking with a lawyer face to face.

Below, we’re discussing the top six questions you should ask a potential attorney before you sign on with them to handle your case. These will give you the foundation you need to make an informed decision about your legal representation.

1. Are you board-certified?

When an attorney is board-certified, it means that they have met or exceeded specific levels of excellence in an area of law. This is usually their specialization, and certification is an indication that they have gone above and beyond in terms of their knowledge and abilities. With a board-certified injury lawyer on your case, you can feel confident that you’re in great hands.

2. Are you a dedicated injury lawyer, or do you practice other types of law?

Choosing an attorney that only practices injury law is typically the best choice for an accident case. This is because lawyers dedicated to a specific area of law have more applicable experience and education. On the other hand, attorneys who handle several different cases may not have the in-depth knowledge needed because they spread their time and energy across multiple disciplines.

3. How long have you practiced law?

Every attorney has to start somewhere, and many younger lawyers are talented and successful. However, it’s important to remember that the number of years an attorney has been actively practicing law translates to a wealth of experience. When dealing with a complicated injury case or one where a large amount of compensation is needed, it’s generally better to choose a lawyer who has been practicing for many years.

4. How many cases have you taken to trial?

Sometimes, car accidents and other cases with severe injuries must go to trial. If this happens to you, it’s important to select an attorney who has extensive experience in front of a judge – and hasn’t just settled all of their cases outside of court.

5. How many cases have you settled that are similar to mine?

Of course, the best-case scenario is to reach a fair settlement without having to go to trial. Therefore, it’s critical to get more information about your potential attorney’s track record. If they have settled cases that are similar to yours in scope, they will have a higher chance of repeating their success.

6. What is your assessment of my case, and how much compensation can I expect to receive?

Not all attorneys will have the same opinions regarding how much a particular case is worth. There’s nothing wrong with asking more than one lawyer this question, as it’s helpful to get a second or even third opinion. It’s also important to understand that this number is just an estimate. An injury lawyer can’t guarantee any particular settlement or level of compensation. Their belief in what your case is worth is only their best assumption based on their knowledge and experience. However, they should work with you to determine fair compensation and then fight hard to get the justice you deserve.

By asking the right questions of any attorney you’re considering for your injury case, you’ll have the best chance of working with a lawyer who can help you secure adequate compensation for your injuries.

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Completing Your Preliminary Declarations of Disclosure In Your California Divorce             After you filed your initial petition for dissolution in California, the next step in the divorce process is filing your Preliminary Declarations of Disclosure (PDDs). These declarations provide the other party in your dissolution proceeding with the information needed to negotiate and assess their case. Completing your Preliminary Declarations of Disclosure thoroughly and accurately promotes transparency, which can help foster a fair and complete agreement between the divorcing couple.

            The Preliminary Declarations of Disclosure should be completed and served within the first 60 days after the initial filing. They typically consist of three forms a FL-140, FL-142 and FL-150. All three of these forms should be served on the other party, but not filed with the court. Additionally, you should also complete and serve a Statement of Material Facts as well.  Once all these forms have been served, then you fill out a FL-141 and file it with the court.

            FL-150 is your Income and Expense Declaration. It provides the other party with all of the information it needs to assess your income for child and spousal support purposes. Make sure to complete this declaration as thoroughly and accurately as possible.  You will also need to attach your last two months of paystubs as well. There are Youtube videos available on how to fill out this form. If you are having trouble completing your FL-150, contact Humphrey Family Law at www.humphreyfamilylaw.com and we can help you complete is correctly.

            FL-142 is your Schedule of Assets and Debts. This form will list all of your property both personal property and real property. The family residence, your vehicles, your bank accounts, and other assets will have to be listed on this form.  This is the form where you will also list out your debts such as credit cards, mortgages, personal loans and other forms of debt. Please note that this form will also include both community property and separate property. There are Youtube videos available on how to fill out this form. If you need help completing your FL-142 or classifying your property as community or separate please visit www.humphreyfamilylaw.com and submit an inquiry so we can assist you.

            Next you need to write out a Statement of Material Facts. Google “Statement of Material Facts California Family Law” to see examples online. After you have completed your Income and Expense Declaration, Schedule of Assets and Debts, and your Statement of Material Facts, you complete your FL-140. This is basically an itemized list of all the documents and forms you will be serving on the other party. Make sure you are meeting all of the requirements of the FL-140. Once you complete your FL-140, serve it on the other party along with the other documents you prepared (FL-140, FL-142, FL-150 and Statement of Material Facts). Don’t hesitate to contact www.humphreyfamilylaw.com, if you need assistance.

            Finally, fill out your FL-141 and file it with the clerk. This will be the only form you file with the court regarding your Preliminary Declarations of Disclosure. Eventually, you might have to file an Income and Expense Declaration, but that is for a later discussion. Following all of these steps will successfully completed your PDDs. If you have any questions or feedback, please direct all comments and inquires to Humphrey Family Law at www.humphreyfamilylaw.com.   

Ronald Humphrey
Humphrey Family Law
(707)469-3711

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Uncategorized https://www.lawresolution.com/blog/completing-your-preliminary-declarations-of-disclosure-in-your-california-divorce/ https://www.lawresolution.com/blog/completing-your-preliminary-declarations-of-disclosure-in-your-california-divorce/ Editor Sun, 18 Jul 2021 23:20:54 -0400
What Does an Auto Accident Attorney Actually Do? A car accident is often traumatic and damaging for everyone involved. The aftermath of the accident can be a complex and drawn-out process that continues to affect victims and their families many months or years later. For this reason, many people involved in accidents, particularly when injured, turn to the assistance provided by a local car accident attorney.

But what exactly does an auto accident attorney do? If you have recently been involved in an accident, choosing an attorney can be difficult, particularly when the services provided by each lawyer seem to vary. However, a few standard practices of any high-quality auto accident attorney’s process can ensure the receipt of money for damages or injuries.

An auto accident attorney’s goal in an accident or injury case is to get the maximum possible settlement for their client. The settlement amount is based on the evidence presented by the lawyer of damages to your property or person. You may also be entitled to additional funds based on the results of an injury or loss of a car, such as lost wages.

It can be challenging to determine when you should hire an attorney for a car, truck, or bicycle accident. Let’s look at some of the specific ways auto accident lawyers and professional legal service providers assist their clients after an accident.      

Dealing With Insurance Agencies

Insurance agencies will often seek to get away with paying you the least amount possible after an accident. It can be difficult to speak with insurance agencies or adjustors without giving out evidence that could potentially affect your final settlement. An experienced auto accident attorney deals with insurance agencies and will get the final insurance funding adjusted to better fit the damages that occurred.

After an accident, make sure to collect the insurance information of any other parties involved in the crash if able. Assess the damages and avoid saying anything related to who is at fault or who owes money- what you say at the time of the incident can come up again in court. You should also report the accident to your insurance company. From there, you may want to consider hiring an auto accident lawyer to speak with the insurance agency on your behalf.

Organize Evidence or Proof of Fault    

To help you receive the maximum settlement for your case, an accident or personal injury lawyer will gather all evidence related to the crash and resulting damages on your behalf. This evidence-gathering process is crucial for presenting your case and for dealing with insurance agencies. The evidence available is used to determine the party at fault in court, which can significantly affect the amount of your settlement.

Collecting insurance information for the parties is only the beginning of the evidence-gathering process. Accident attorneys working on a case involving injury will reach out to your medical provider on your behalf to obtain a record of the medical costs and damages resulting from the accident. Disabilities and physical limitations caused by the accident where another person was at fault will directly contribute to the resulting settlement. Work and wages lost due to the injury provide an additional factor for determining compensation.

Accident and injury compensation attorneys are also often able to use any evidence gathered at the time of the accident. This evidence potentially includes dashcam footage when available and any resulting police reports. Many city and county websites will have information on how to order police reports.  Photographs of the scene of the accident and the vehicles involved can also be a part of the evidence an attorney will present to the court.

The evidence provided in court through police reports, medical examination results, and photos from the incident can directly assist in receiving an increased level of compensation for the accident. An auto accident attorney will assemble all the evidence to present the facts and remove discrepancies and arguments related to what happened. The evidence presented can also prove negligence or fault.

Negotiations With Defendants (And Their Lawyers)

In accident and injury cases where the potential compensation of either side is higher than paying for auto repairs, all parties involved may carry lawyers that argue or negotiate on their client’s behalf. If the defendant in your case hires a lawyer to represent them, you may also want to do the same. Hiring a lawyer is a benefit beyond the direct arguments in front of a judge in court. Many cases are settled out of court, in which case the negotiation of settlement occurs instead.

The negotiation process is a meeting of both sides (defendant and plaintiff) to discuss terms of resolution for the damages caused by the accident. The value of your case is often officially determined through the negotiation process. An accident injury lawyer will determine from the negotiation process if you are receiving fair compensation and if your case needs to move beyond attempts at a negotiated settlement. Should a negotiation of terms fail, an accident injury lawyer will know when and how to take your case to trial. 

Can I Settle My Case Without A Lawyer?

If the damages that occurred to your person or vehicle were minor, you might be able to process the evidence personally and navigate the negotiation process. However, even in smaller auto, truck, or bicycle accident cases, the negotiation process can be challenging and time-consuming. The assistance of legal professionals ensures that you will receive the highest settlement possible.

If other people involved in the accident hire a lawyer, it is usually a good idea to do the same. If the injuries or damages sustained during the accident prevent you from working, you will also almost always need to hire an attorney. If you decide against hiring an attorney, you will need to read through the legislative information provided by your state for accident reports and cases. 

Worried about the cost of hiring an attorney? Мost auto accident attorneys work on a contingency fee basis. With a contingency fee in place, the lawyer representing you is only paid if you win your case in court or receive a settlement in your favor. The fee in question is usually a set percentage of the settlement, meaning you will not lose money by hiring an attorney. Many auto accident attorneys provide free consultations where you can discuss your case and get started on working towards a settlement.

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Uncategorized https://www.lawresolution.com/blog/what-does-an-auto-accident-attorney-actually-do/ https://www.lawresolution.com/blog/what-does-an-auto-accident-attorney-actually-do/ Editor Wed, 30 Jun 2021 23:26:23 -0400
Can Grandparents Visit Grandchildren after the Parents Divorce? Grandparents often have a very special bond with their grandchildren. Many grandparents fear losing the opportunity to continue fostering this bond in the event that their grandchildren’s parents divorce. While grandparents in Georgia don’t have automatic rights to visitation with their grandchildren, they do have the right to ask the court to grant them visitation. If you are concerned about losing visitation with your grandchildren, seek the professional legal counsel of an experienced Georgia divorce attorney today.

The Court’s Decision

The court is very likely to rule in favor of grandparent visitation if one of the following applies:

Making this determination, however, can obviously be complicated.

The Factors Considered

The court takes wide-ranging factors into consideration in this best-interests determination, and the following can tip the balance in favor of grandparent visitation:

  • If the minor children have ever resided with their grandparents for at least six months
  • If the grandparents provided financial support for their grandchildren’s basic needs for at least one full year
  • if the grandparents have established a regular pattern of visitation and/or childcare with their grandchildren
  • If there is any relevant factor that indicates the failure to grant reasonable grandparent visitation would lead to emotional or physical harm to the children

The Parents Are Allowed to Weigh In

The parent (or legal guardian) of the children in question has the legal right to request that the court revoke or amend a grandparent’s scheduled visitation. The parent, however, must have a compelling reason for requesting the change and is only allowed this opportunity once every two years. While the courts take parents’ opinions and preferences regarding grandparent visitation into careful consideration, parents in the State of Georgia do not have the final say on the matter.

Grandparent Visitation: The Process

The process for seeking grandparent visitation can include all of the following steps:

  • The court may appoint an independent legal advocate or spokesperson – known as a guardian ad litem – for the children involved.
  • The involved parties may attempt to hammer out mutually acceptable grandparent visitation terms via mediation.
  • If mediation is unsuccessful or doesn’t play a role in the case at hand, it will proceed to a court hearing in which the grandparents’ visitation request will be decided.

Discuss Your Grandparent Visitation Concerns with an Experienced Georgia Divorce Attorney Today

If you are a grandparent who is seeking visitation rights with your grandchildren, there is a lot at stake, and the compassionate Forsyth County and Cumming divorce attorneys at Banks, Stubbs & McFarland not only understand the gravity of your situation but are also committed to skillfully advocating for your rights as a grandparent. Our savvy legal team is on your side, so please don’t wait to contact us online or call us at 770-887-1209 for more information about how we can help you today.

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Uncategorized https://www.lawresolution.com/blog/can-grandparents-visit-grandchildren-after-the-parents-divorce/ https://www.lawresolution.com/blog/can-grandparents-visit-grandchildren-after-the-parents-divorce/ Editor Thu, 17 Jun 2021 23:56:11 -0400
When Should I Contact a Criminal Defense Attorney? If you're dealing with a criminal charge, you need an attorney to handle your entire legal proceedings. Why is this important? Such cases usually come with hefty fines and severe penalties and will significantly impact your life. To avoid undesirable consequences, a criminal defense attorney will come in handy. The lawyer will fight for your rights throughout the investigation. He or she will also challenge the case against you at trial.

How can I find a criminal defense attorney?

Criminal cases are complex, and you require an expert to help you out. You can get an attorney through word-of-mouth referrals. Talk to friends and colleagues and get contacts of attorneys. However, don't rely only on referrals. Schedule an interview and get to know the lawyer's expertise. 

Also, conduct an online search, and you'll get a Tucson Criminal Defense Attorney. You'll also come across many other criminal defense lawyers near you. Consider the experience, knowledge, successful cases handled, and cost before making a decision.

Why do I need an attorney& When should I engage one?

Unexpected arrests happen all the time and are major reason to hire a criminal defense attorney. At the police station, the police will allow you to call an attorney. You need someone you can trust, and it's best to contact one that you know.

The attorney will guard your rights when in police custody. He or she knows the rights of a suspect. And will ensure that no police officer takes advantage of you. If facing arrest, you'll still need attorney services. The professional will bail you out, but the conditions depend on the type of crime committed.

What’s more? The lawyer will review all the facts and seek to get you bail on the best terms. Still, he or she will negotiate the terms and bail amount in court. With no defense, you'll unlikely get bail or reasonable terms. 

On the other hand, if the offense is committed against you, an attorney is the best person to advise you on the legal steps to take. He or she will weigh your likelihood of winning the case. The attorney will also discourage you from filing a lawsuit if you have minimal chances of success. 

What of support? The attorney will prepare you psychologically, enabling you to handle any court outcome. Besides, big surprises can lead to stress and trauma, which can be detrimental to your health.

What's the role of a criminal defense attorney in my case?

 Criminal defense attorneys have vast knowledge of legal issues. First of all, the attorney will gather information about the case. He or she will visit the crime scene and collect proof and other valuable information to solidify your case. In the case of witnesses, the professional will meet them and collect the necessary evidence.

The attorney will advise you and respond to any questions that you might be having regarding your case. The attorney will also educate you on your rights, which helps avoid violations by police officers. 

During the court process, the lawyer will offer full representation and ensure that your rights are withheld. That's not all, though! Criminal cases involve a lot of paperwork, and the professional will keep this in order. The expert will also inform you of the necessary documents that you require to prove your case.

The bottom line

A criminal defense attorney is the best person to engage when faced with a criminal case. You may not get a favorable court outcome when dealing with the issue by yourself. However, an attorney will defend you in court and ensure that the process upholds your rights. For best results, hire an experienced criminal attorney. And have a shoulder to lean on during the process.

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Uncategorized https://www.lawresolution.com/blog/when-should-i-contact-a-criminal-defense-attorney/ https://www.lawresolution.com/blog/when-should-i-contact-a-criminal-defense-attorney/ Editor Mon, 14 Jun 2021 22:48:12 -0400
What are Emotional Distress Damages and How Do I Prove Them? Emotional distress damages are hard to prove in personal injury cases. A dog bite attorney could claim that his customers suffer from physical injuries and emotional distress after a dog assault incident. That emotional distress may affect their ability to continue their daily activities and cause anxiety within their family. 

Trying to find evidence to support your arguments about emotional distress is a challenging issue. The damages to your mental world are not obvious to the audience, and thus, judges are not willing to vote for your recovery. However, an experienced lawyer can help you prove you are suffering from emotional distress after a personal injury accident. Here are some of the most effective ways to provide evidence for your psychological burden due to your injuries.

Current  Medical Records of Symptoms and Their Duration

Stress and anxiety are hard to assess from a single glance. There are no medical tests to prove your suffering, and people may think you are faking it just to receive a bigger recovery. On the other hand, modern psychiatry has found several ways to ascertain that you are really suffering from stress and anxiety.

Medical records showing the difference in drug medication doses and the anxiety diagnosis could be useful to your lawyer. Despite the difficulties in proving your current mental state, the comparative analysis of your medical history could give the court all the evidence needed to prove the emotional distress.

Make a Direct Connection to Physical Injuries

Physical injuries caused by an accident (most usually a dog assault and bite incident) could haunt you for years. Even after your physical wounds are completely healed, emotional distress can be present every time you see or hear a dog. Proof of such apprehension enables your lawyer to prove the direct linkage of your physical injuries to the anxiety you are suffering from and ask for recovery.

Although physical injuries can be observable, the same cannot be said for psychological effects after your accident. It's your lawyer's responsibility to state the case in front of the audience and even show your fearful feelings when being around dogs; that could persuade them about the suffering you have been going through. 

Expert Witness

You can summon specialist psychiatrists and psychologists in courts to give their insight into your stress disorder. If you never had issues with stress and anxiety, then doctors can easily prove in front of the audience that your situation has been aggravated by a recent dog bite accident.

Suffering through such a traumatic experience would be noticeable by specialists even from the first minutes of an interview. Your lawyer needs to ask them the right questions and let them explain how trauma from the incident has affected your mental health. 

Point Out the Severity of Distress

Some people cannot live with anxiety and stress. The severity of their situation comes to such a point that it might trigger suicidal thoughts. That incident poses a great threat to your health and could trigger a sense of apprehension every time you think about it.  The side effects are the physical and mental injuries you have to live with for some or all your life. 

Lawyers can use these symptoms to your advantage and fight to prove you suffered serious emotional distress that has affected how you go about your life and that you deserve recovery.

Witness Testimonies

Another possible way to prove your emotional distress would be to present witnesses' testimonies from the incident scene. Many people could have seen your injuries and ensuing shock after such a terrible ordeal. The details on your dog incident could help prove that the dog’s owner was negligent in their actions or omissions. It could also help experts to establish that you suffered psychological distress.

Your lawyer should get in touch with witnesses, take their testimonies and even summon them to the court to state what they saw during the incident. Other people's opinion about your emotional situation influences the jurors and judges to decide in favor of your emotional distress damages and recovery claims.

People who unfortunately experience dog bite incidents may suffer from stress, anxiety, and Post - Traumatic Stress Disorder (PTSD). The symptoms might include insomnia, fear of walking alone, and suicidal thoughts.

Psychological issues after a traumatic incident tend to linger even after the physical ones are resolved. Your lawyer can identify the root of the problem and try their best to get you adequate recovery for these damages as well. You deserve proper psychological treatment to help you move past these negative thoughts. The liable party for your incident ought to offer you recovery for all injuries brought about by their negligence.

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Uncategorized https://www.lawresolution.com/blog/what-are-emotional-distress-damages-and-how-do-i-prove-them/ https://www.lawresolution.com/blog/what-are-emotional-distress-damages-and-how-do-i-prove-them/ Editor Mon, 31 May 2021 08:45:51 -0400
Business Associates and HIPAA Compliance

Besides the healthcare providers who handle patient’s health information, other organizations must also comply with HIPAA. These organizations are known as Business Associates and are direct vendors to covered entities like hospitals, health plans, or any other medical entities.

Who Are Business Associates?

Business associates (BA) are organizations or individuals who act on behalf of or provide services to covered entities - for example, hospitals or dental firms. But that the catch is that in order to function, these businesses require access to protected health information (PHI).

HIPAA sets the standards for how protected health information (PHI) must be kept private and secure by anyone within the healthcare industry who has access to it. Therefore, business associates are also required to comply with the many requirements of HIPAA, as they use PHI in their course of their work, just like other covered entities.

Examples of Business Associates

These organizations can be anywhere in between the financial, management, administrative, legal, consulting, or even IT service providers.

Here are a few examples of HIPAA Business Associates:

  • Medical Billing Companies
  • Law Offices
  • Accounting Firms
  • Shredding Services
  • IT Vendors
  • Health Insurance Companies
  • Medical Transcription Services
  • Translator service providers
  • Cloud service providers

Responsibilities Extended To Business Associates

Compliance responsibilities extended to business associates when the HIPAA Omnibus Rule was passed in 2013. Not only the rule re-defined what business associates are, but it also extended the responsibilities of compliance from both the Privacy and Security Rules to business associates rather than just covered entities.

This means that if any organization or individual provides any form or service to a covered entity that requires them to have access to PHI, then they will be directly responsible for any HIPAA breach that occurs on their end. In fact, there are more business associates than there are covered entities and PHI must be safeguarded by every one of them.

Business Associate Subcontractors

Just like how business associates provide services to covered entities, there are other organizations also that provide services to these business associates or perform similar tasks on behalf of the BA. These organizations are called business associates subcontractors. Depending on who the service is being provided, an organization can either be a business associate or a business associate subcontractor. Many of the examples of business associates provided above are similar organizations that provide services as a subcontractor in other situations. For example, accountants, attorneys, email encryption providers, file sharing vendors, shredding companies, etc. can all be classified as business associate subcontractors as well.

Business Associate Agreements (BAA)

If you are working with a business associate, or you’re a BA and working with a subcontractor, then you must create a Business Associate Agreement (BAA) with the party you’re with. A business associate agreement (BAA) is a written agreement formed between the vendor and the covered entity where each party’s responsibilities and obligations are laid out when it comes to handling PHI. As per HIPAA’s guidelines, a covered entity should only work with an organization when there is a business associate agreement signed in place so that there is an assurance that PHI will be protected.

Seek Help For Compliance

Many times organizations are not aware that they are considered as a Business associate per law and could risk facing fines up to thousands or millions of dollars. Covered entities who share PHI with any other vendor must conduct due diligence and inform the other party of their roles and responsibilities when it comes to handling PHI. For those who do not much about HIPAA compliance, seeking help might be a good idea. Many organizations, covered entities and business associates alike, also use HIPAA compliance management tools to streamline their compliance efforts, such as employee training, contract management, risk assessments, policy and procedure management, etc. You should also be checking out your state laws since each state has different privacy requirements with regards to the use and disclosure of patient’s health information.

Author Bio: Riyan N. Alam is a digital marketing analyst at CloudApper, a supplier of mobile ERP solutions, including HIPAA compliance software, facility management software, and many more. Combining his passion for reading books, he writes about subjects valuable to people and their daily lives. Riyan loves traveling and trading in his free time.

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Uncategorized https://www.lawresolution.com/blog/business-associates-and-hipaa-compliance/ https://www.lawresolution.com/blog/business-associates-and-hipaa-compliance/ Editor Thu, 27 May 2021 10:40:48 -0400
Factors that can delay the personal injury claim process Understandably you'll want to know how long the personal injury claim process is, and while we can give you a rough idea, many factors can affect the time it will take for you to receive your settlement. Personal injury claims can progress at different rates depending on how complex your case is. The best way to ensure your claim runs smoothly, and you receive your entitlement promptly is by appointing a personal injury lawyer to take care of your claim for you. Here are some common things that hold up personal injury claims.

Assessing medical evidence

A successful personal injury claim has a significant amount of medical evidence supporting it. It's not only the details of the injury, it's many other elements such as pain and suffering, medical costs, transport, loss of consortium, loss of income now and into the future, plus much more. All these areas need to be thoroughly assessed to ensure you are receiving the correct level of compensation for your injury. This can take a considerable amount of time and you may be required to provide more evidence. It's unlikely that you will receive full entitlements if you don't have the medical evidence to support it. Serious injuries usually take longer to assess than minor ones. This is because there is usually more evidence and medical records to go through. Regardless of whether your injury is minor or serious, everyone must go through this process; it may just take longer for some given their circumstances. A personal injury lawyer can help to simplify this process by collecting necessary evidence, organising appointments, and conversing with the insurer on your behalf.

There is an influx of claims

Like any business, insurance providers have busier times than others. Often this is unforeseeable and you just have to be patient, unfortunately. To give you an idea, each month an insurance adjuster will receive up to 100 claims, and it is their job to try and resolve them without the intervention of a higher authority or lawyer.

Your claim has been rejected

If your claim has been rejected and you believe wrongfully so, you have the right to dispute it. The insurer will offer you an internal review through the insurance company where it will be reviewed by a superior. If you have done this and failed to come to a resolution you are satisfied with, you can lodge a complaint with The Australian Financial Complaints Company (AFCA). If you haven't already, seeking legal advice would be a good idea. Going through this process can add to the time it takes to receive your compensation if you are rightfully entitled.

Mistakes

There is a lot involved with a personal injury claim and everything needs to be done properly. Making mistakes or providing misleading or inaccurate information can cause delays. This happens often with people that are handling their claim themselves. It's not only claimants that can make mistakes, but adjusters can also make errors. Making mistakes can cost time, and you may miss out on the full compensation you're entitled to.

Negotiating

Negotiating with the insurance provider can delay the process and more so if an agreement cannot be reached. Accepting the first offer may see you receive a lower amount than you are rightfully entitled to. Going back and forth with the adjuster can be time-consuming and overwhelming, especially if you are going at it alone and are struggling to understand what you should be entitled to given your situation and the extent of your injuries. If an agreement cannot be reached, you may have to take the matter to court which can take even longer.

Waiting for an injury to stabilise

Another reason that personal claim injury claims are commonly delayed is that the injury/injuries have not had time to stabilise. Stabilised means that the injury is unlikely to change drastically over time or with additional treatment. When the injury first occurs, it can be too hard in a lot of instances to determine the impacts that the injury has and will place on your life. You normally have to wait a year for your injury to stabilise. Once it has, your injury will need to be examined by an independent medical specialist/s. This process can take 4 months or more to complete.

Liability disagreements

Sometimes determining who is at fault for an injury isn't straight forward and it may be difficult to prove that another party played a role in causing the injury. If you don't have evidence to prove that someone else was liable for your injury, not yourself, the insurance adjuster will likely come to the assumption that you were at fault. This can lead to lengthy disagreements. The more evidence you can gather, the easier it will be to prove your innocence in the matter.

Speak to a professional

In an ideal world, we'd love to tell everyone that they can expect their claim to be finalised in 18 months or less, but as you can see there are a few things that can make the claim process slower. Here at South East Injury Lawyers, we understand how frustrating this can be and aim to streamline and simplify the process so you can receive your compensation faster than if they were to go at it alone. If you need legal advice or are looking for an expert personal injury lawyer, get in contact today for your free consultation.

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Uncategorized https://www.lawresolution.com/blog/factors-that-can-delay-the-personal-injury-claim-process/ https://www.lawresolution.com/blog/factors-that-can-delay-the-personal-injury-claim-process/ Editor Mon, 24 May 2021 08:29:30 -0400
5 Types of Personal Injury Attorneys Texas law allows an injured person to pursue compensation when someone else's negligence or wrongful conduct is the cause of their injury. 

That means various situations, including auto collisions, dog bites, and swimming pool accidents can give rise to a valid personal injury claim that would call for a lawyer specialized in that field. Whether you recently got injured or have not suffered a personal injury yet, understanding the different types of Corpus Christi personal injury attorneys can help you hire the right person for the job when you need one. 

Five of the most common types of personal injury attorneys

1.    Auto accident lawyer

The majority of personal injury claims are brought by auto accident victims, making auto accident lawyers the most sought-after personal injury lawyers. Usually, these lawyers evaluate claims, identify the liable parties, and estimate claims’ value. They also go head-on with insurance companies during settlement negotiations or in the courtroom to ensure victims get the right amount of compensation for your injuries.

2.    Medical malpractice lawyers

The hospital is the one place we go expecting to get better when sick. But unfortunately, medical professionals can cause serious injuries resulting from misdiagnosis, surgical errors, and other medication mistakes. 

When a negligent or careless medical professional causes any harm to a patient due to inappropriate treatment, medical malpractice lawyers can help victims pursue compensation. Because of the complex nature of medical malpractice claims, settlements can be quite high, especially if you have the right lawyer handling your case.

3.    Workplace accident lawyers

Whether you work in an office setting or construction site, getting injured in the scope of your job is highly likely. Fortunately, Texas workers' compensation law allows injured employees to collect benefits when they suffer work-related injuries, regardless of fault. 

While it’s possible to represent yourself in a workers’ comp claim, hiring a workplace accident attorney helps ensure that your rights as an injured worker are not violated. In simple terms, the lawyer will make sure that you get the rightful benefits, and your employer does not retaliate (fire or demote you) for filing a worker’s comp claim. 

4.    Slip and fall lawyers.

Slip, trip, and fall accidents are common. They can happen at work, retail store, or a friend’s place, and in most cases result in severe injuries such as broken bones, which at times could lead to a lifetime disability.

When your slip, trip, and fall accident happens due to someone else's carelessness, a slip and fall lawyer can help. A good attorney will help you prove that the negligent party owed you a duty of care and their negligent actions caused your injuries to ensure you get the right compensation. 

5.    Product liability lawyers

Defective and dangerous products can cause severe injury to consumers at work, public places, or even in their own homes. When one gets injured by a defective item or dangerous product with improper warnings and inaccurate operation manuals, an experienced product liability lawyer can help recover compensation from the responsible party.

Other common types of personal injury lawyers include:

  • Motorcycle accident lawyers
  • Truck accident lawyers
  • Oil field accident attorneys
  • Wrongful death lawyers

Injured in an accident? Consult with our Corpus Christi personal injury attorneys today.

In the unfortunate event that you suffer an injury due to another's negligence, contact an experienced Corpus Christi attorney as soon as you can.

Here, we do more than evaluate your case; we also help establish liability and work with you to ensure you get the full compensation you deserve. Contact us to learn how our dedicated Corpus Christi personal injury attorneys can help you recover compensation for your injuries.

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Uncategorized https://www.lawresolution.com/blog/5-types-of-personal-injury-attorneys/ https://www.lawresolution.com/blog/5-types-of-personal-injury-attorneys/ Editor Wed, 12 May 2021 09:57:27 -0400
3 Common Mistakes To Avoid in Family Court Break-ups in families are an incredibly stressful and worrying time. For some people, it’s their first time ever attending a family court if family dispute mediation with their family lawyer does not resolve their issues. If the dispute has to go through litigation, people tend to make some unavoidable mistakes which may negatively impact on their case. Here are the top 3 common mistakes to avoid.

  1. Not disclosing all financial information

Before the due court date, it is key that you have discussed all the relevant information you are legally required to provide, with your family lawyer in Melbourne. You are obliged to disclose all financial resources that are available to you, all of your income where employed or as part of investments and any financial interests in property including any investment portfolios. If you have gifted any monies to other parties since the relationship breakdown, this has to be declared along with shares/interests that you hold or receive as a shareholder, director, beneficiary or trustee.

All parties have a duty to disclose all details of their financial situation and it can be a genuine error that they forget to include everything or an attempt to hide some of their finances. Either way, the courts will check and if it comes to light that there is an intent to hide some pertinent information, this will go against the individual and the judge could well find in favour of the other partner. Getting an objective third party such as your trusted lawyers in Melbourne to go through all income and outgoings, will highlight the records and transactions that should form part of the pack of information for the family courts.

  1. Publishing information via social media and lying

A lot of people live their lives through social media, posting every aspect and detail of day-to-day living including photographs and comments. Arguments and opinions during a time of great upheaval such as a divorce must not be played on or commented upon when going through the family courts. Negative comments about the ex-partner or details of the relationship that paints them in a poor light, not only shows up the person posting online but it is illegal. Section 121 Family Law Act states it is an offence to publish information which could identify an individual currently part of a family law matter which is being decided up by the courts.

Even if they are no longer part of your Facebook page or Instagram account, do not make reference to them or their new partners. Remember, if you make the content private, what is posted on the Internet is part of your digital footprint and can be accessed. Both individuals have to present themselves and their case in court with a clear conscience and tell the truth under oath when questioned. The family lawyer will be there to represent them but if questioned by the ex-partner’s legal counsel, this can be a nerve-wracking event and sometimes the temptation is to lie. This is not only illegal but in the eyes of the judge, reduces the credibility of the individual. Talking through each step of the process with a family lawyer will prepare people for what questions could be asked and they will be advised on what they can and cannot say (or post) about the process prior to the event.

  1. Not putting the interest of the child first

In terms of safeguarding the child’s interests, this the priority of the Family Court. As adults, ex-partners should demonstrate that this is the one shared interest and commitment they have in common. If the courts see evidence that one parent has been speaking ill of the other parent or trying to turn the child against that parent, this will impact very badly on them. This also goes for negative comments about maternal or paternal grandparents or other family members. The child should not be used as a bartering tool in any family dispute, and this includes access and visitation rights.

Again, if the court finds that one parent had been attempting to overshare too much about the family court process with the child, this too can go against them. While it is recognised that separations and family disputes can be sometimes vitriolic between adults, the child must be seen as the number one priority.  

Involving the best family lawyers in Melbourne from the beginning of the process will avoid these common pitfalls as well as giving equable and objective support and guidance for the adults involved.

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Uncategorized https://www.lawresolution.com/blog/3-common-mistakes-to-avoid-in-family-court/ https://www.lawresolution.com/blog/3-common-mistakes-to-avoid-in-family-court/ Editor Tue, 11 May 2021 23:45:31 -0400
If You Want a Fair Settlement in One of These Types of Personal Injury Cases, You Absolutely Need a Lawyer The following is adapted from Not a Good Neighbor.

Although there are many instances where you can successfully negotiate a fair settlement with an insurance company after an auto accident without an attorney’s help, there are certain personal injury cases you should never try to settle without a good lawyer at your side. These cases are so complex that you need expert help to ensure your rights aren’t compromised. 

These cases include medical malpractice, sexual harassment, product liability, medical product defects, and commercial vehicle accidents. If you’re involved in one of these types of cases, I highly recommend you get an attorney. 

However, even when you hire an attorney, it’s still important to understand the case and the laws around it as much as possible. That will help you increase your odds of getting a fair settlement. Let me walk you through what you need to know in each case to better your chances of getting the best settlement possible.

Medical Malpractice Cases

Medical malpractice cases are rarely cut and dry. To win a medical malpractice case, you have to prove that negligence occurred and that the damage you suffered was a result of that negligence. That is a significant endeavor. 

You simply can’t prove those things without a medical expert, expert testimony, and an expert understanding of how medical malpractice works in your state. Every state has complex medical negligence laws. States often go out of their way to protect doctors. Overcoming these legal and scientific hurdles is next-to-impossible for a layman.

In medical malpractice cases, not only do you have to know what you’re doing, but you also have to do it quickly. Most states have limited the amount of time you have to bring a medical malpractice case to court. 

You even have to offer the information to the other side and give them the opportunity to take your statement and take discovery before you can sue. In fact, you have to engage in active, lawsuit-like behavior before you can sue, and that usually requires that you find an attorney to represent you.

Medical Product Defects

This type of case is also very complicated. And even if a medical device caused serious injury, the cost of pursuing a case is so significant that many people don’t feel it’s worth it.

For starters, the company that produced the product is never going to admit their product is faulty. They probably spent billions of dollars developing the product, testing it, getting it approved by the federal government, and marketing it. They’re not about to say, “Sorry. Here’s some money for your trouble. We’ll pull the product off the market.”

This is why medical product defects often end up as class-action lawsuits. In a class action, several plaintiffs sign up as a group to sue someone. An individual case worth $60,000 isn’t enough to justify the cost of the scientific studies needed to beat one of these companies. 

But a group of lawyers who’ve signed up several clients can afford to spend the seven figures they need to prove a defective device hurt their clients. They get the benefit of all the science and all the prosecution and all the group think required to go after one of these companies.

Even when there’s clear product damage and clear liability, companies probably won’t give you any money unless you have a lawyer. You could make a claim; you could give them a call. But if you wanted any compensation for the faulty product, you need to be part of a group.

Product Liability Cases

We’ve already talked about medical devices, which are just one form of product liability. But nearly all product liability cases are going to require a lawyer if you want to get fair compensation.

Say, for example, you buy a ladder. You take it home and set it up precisely the way you’re supposed to and you climb up and stand on a rung to fix an electrical wire. While you’re doing the repair, a rivet breaks on the ladder rung, and you get electrocuted and fall to the ground, paralyzed for life.

It’s possible that you could get a settlement from the ladder company without a lawyer simply by calling them up. They may even give you an impressive settlement, like $1 million.

The problem is, how do you know how to value your case so that you can get a top-value settlement? They offered you $1 million, but what if your case is worth $10 million? Internally, the ladder company might decide it’s better to pay you quickly so you don’t hire a lawyer who will get you that much bigger settlement.

Plus, you’ll still need to prove your case. Most companies will not roll over and admit their product failed. They’ll say it was user error. They’ll say the ladder was old or wasn’t maintained properly. They’ll say there was a problem in the supply chain that caused the rung to break. In serious cases, the defendants will throw up a wall of subterfuge, and you’ll need an attorney to break through it.

Sexual Harassment Cases

It’s not easy to win a sexual harassment claim without a lawyer. The statute of limitations is short, and there is a complicated statutory scheme you have to follow when pursuing a case like this.

The first thing you must do is file a complaint with the Equal Employment Opportunity Commission (EEOC). You have to do this before you can file a lawsuit. 

The EEOC has a certain amount of time in which to investigate your claim, and then they issue a conclusion of no action or a right-to-sue letter, which allows you to file suit against the person in the business whom you feel made unwanted sexual advances. You can get a lawyer before going to the EEOC, but you can’t sue anyone until the EEOC says you can.

Lawyers can also help you figure out what kind of case you can bring. Sexual assault and sexual harassment are not synonymous. You can get civil damages for sexual harassment, but it’s not a criminal offense. The point here is that you really need a lawyer to help you sort through all this. 

Finally, legal representation is important in these types of cases because people who have been taken advantage of find it very difficult to advocate for themselves. The cases are too emotional, and facing your assailant is incredibly difficult to do without someone to be your knight. Plus, it is hard to sell your case having actual value.

Auto Accidents Involving Commercial Carriers

These kinds of settlements demand the expertise of a lawyer, too. That’s because commercial drivers carry a strict level of responsibility that goes beyond what’s required of noncommercial drivers. That means there are many things a lawyer familiar with those rules can do to develop evidence and create liability.

It’s often not easy to pin that liability on a commercial driver, but it helps to know the federal rules and regulations that govern commercial drivers. The standards for someone driving an eighteen-wheeler are strict and more extensive than they are for people driving a car. 

To win against commercial carriers, you have to know what those standards are. If you have an expert attorney, you can significantly increase the value of your case because commercial carriers are required to carry large insurance policies.

Expert Representation is Vital

As you can see, some personal injury cases are often complicated and require expert representation. The stakes for many of these cases are also higher, and that’s another sign that you may need to hire a lawyer to represent you.

If you find yourself involved in one of these cases—or any complicated or serious motor vehicle accident in which the damages are significant—it never hurts to call an attorney and explain your circumstances. If they think they have the expertise and can drive value into your case, they’ll let you know, and you can take steps to hire them.

For more advice on hiring the right attorney to help you get a fair settlement, you can find Not a Good Neighbor on Amazon.

Brian LaBovick is a lawyer and entrepreneur who has earned more than $400 million for his clients after establishing his injury law practice in 1991. As one of two students selected to the prestigious Order of the Barrister as the outstanding litigator in his class at the University of Miami, Brian was hired by the US Department of Justice Honors Graduate Program after graduation. He is now CEO of the LaBovick Law Group, an advisory board member of Keiser University’s legal education division, a past president of the North Palm Beach County Bar Association, and former director of the Palm Beach County Justice Association.

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Uncategorized https://www.lawresolution.com/blog/if-you-want-a-fair-settlement-in-one-of-these-types-of-personal-injury-cases-you-absolutely-need-a-lawyer/ https://www.lawresolution.com/blog/if-you-want-a-fair-settlement-in-one-of-these-types-of-personal-injury-cases-you-absolutely-need-a-lawyer/ Editor Fri, 07 May 2021 00:01:41 -0400
5 Strategies to Win your Social Security Disability Hearing Though it may be hard to hear, those who told you that getting Social Security Disability benefits was difficult were understating the case. In fact, a large percentage of those who apply for these benefits are denied (45 percent of those applying for SSDI and 18 percent applying for SSI). To increase your chances of achieving a positive outcome, the most important step you can take is to engage the services of an experienced disability attorney. Studies have shown that having a lawyer with you doubles your chances of success.

Advantages a Social Security Disability Lawyer Can Provide

Having a competent disability advocate at your side gives you several important advantages. Being a professional in this field of law, she or he:

  • Has in-depth knowledge of the way the Social Security Disability system works
  • Is familiar with the hearing process and the personnel involved
  • Knows the possible pitfalls that lead to claim denial and how to avoid them
  • Knows precisely how to quickly appeal a claim denial to get better results

Most of all, a competent disability attorney has the background and know-how to use the strategy that will work best in your particular case.

Strategies to Win Your Disability Hearing

An Ounce of Prevention

One of the major benefits of having a disability attorney on call is that you will be able to receive professional guidance relative to all aspects of your hearing. Your lawyer will make certain that all timelines are met, that you wear appropriate clothing for your hearing (not formal, but modest and neat), and that you remember to be polite and cooperative, following directions and being cordial (never confrontational).

It is especially important to restrain yourself when listening to the vocational expert (VE) who may attend your hearing. That individual is charged with the task of figuring out what type of job you might be able to do in spite of your disability. You will have to resist the temptation to be defensive or to express your feeling that a suggested type of employment is too demeaning to be considered. Always take your lead from your disability attorney who will know how to phrase questions addressed to the VE in the appropriate manner.

By rehearsing with you, your lawyer will show you how to present your medical and work history in the best possible light to convince the administrative law judge (ALJ) that you not only deserve disability benefits, but require them.

Cram for the Exam by Finding Out Which Questions Are Likely to Be Asked

Don’t forget that you will be a participant at the hearing and will be asked questions designed to find out whether you are sufficiently disabled to qualify for benefits. It is essential that you know how best to answer the questions the judge will ask you. In this regard, your disability lawyer can be very helpful.

Having prepared for this scenario will make you confident and put you at ease. The less nervous you are, the more likely it is that your statements will be accepted as truthful. Your attorney will also have shown you how to answer questions about any areas in which your case is weak (e.g. your lack of medication or therapy) with reasonable explanations.

Provide Complete Medical Evidence

As you might expect, medical and/or psychiatric evidence is the basis of your claim and, as such, is the most significant aspect of your presentation. Although you are supposed to submit medical data at least 7 days before your hearing, it is possible that new X-rays have just been taken, or recent blood tests recently administered; in this case, you should bring the records with you to the hearing. It is important to be aware that medical records must be no more than 60-90 days old.

One especially important document to provide at the disability hearing is a Residual Functional Capacity (RFC) form, filled out by your doctor and backed up by medical records, that states clearly what your limitations are.

The Most Important Strategy Is Teaming Up with a Social Security Disability Attorney

It is hard enough to tackle government bureaucracy when you’re in tip-top shape. Trying to do so when you are living with pain and/or dysfunction can be totally overwhelming. Be proactive -- contact an accomplished disability attorney to help you fight for the benefits you’re entitled to receive.

About The Author

Ms. Shvarts is the managing attorney for Disability Advocates Group. After graduating from UCLA Law School, Ms. Shvarts began her career as a civil litigator at a large law firm. After several years of civil litigation, Ms. Shvarts decided to shift to a more personal type of law practice in order to help individuals who were struggling in their daily lives. She opened Disability Advocates Group to assist individuals who became disabled and unable to work to obtain the benefits they need and deserve.  Ms. Shvarts and the rest of the team at Disability Advocates Group are dedicated to assisting individuals obtain Social Security Disability Benefits (SSDI) and Supplemental Security Income (SSI) benefits.

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Uncategorized https://www.lawresolution.com/blog/5-strategies-to-win-your-social-security-disability-hearing/ https://www.lawresolution.com/blog/5-strategies-to-win-your-social-security-disability-hearing/ Editor Fri, 09 Apr 2021 23:33:29 -0400
Types of Jail Release in Criminal Matters The Eighth Amendment is best known for its prohibition of cruel and unusual punishment. But this provision also guarantees reasonable bail in criminal cases. This guarantee is obviously important for personal reasons. Incarcerated people cannot provide for their families or spend time with them.

There are also some very good legal reasons for the bail guarantee. Chemically, incarceration elevates the brain’s stress hormone levels. Exposure to these hormones could cause a brain injury. Therefore, incarcerated individuals often cannot make good decisions about their case. They might accept unfavorable plea bargain agreements because they want to get out of jail so badly and they cannot understand all the consequences.

Furthermore, incarcerated defendants cannot meet with their lawyers on their own terms. That’s especially true in the coronavirus era. Most county jails have sharply limited attorney-client contact in the name of public health.

Many defendants do not reach out to a Minnesota criminal lawyer until after they are released from jail. That’s very unfortunate. An attorney can unlock some jail release options which are unavailable to unrepresented defendants. Furthermore, a good attorney-client relationship is a partnership. The more time partners spend face to face, the better the results are, at least in most cases.

Pretrial Release

Unsentenced inmates make up a significant proportion of the prisoner population in most jails. To reduce these numbers, many counties have pretrial release programs. If the defendant is charged with a non-violent crime and has no criminal history, OR (Own Recognizance) release is often available. If the defendant promises to abide by all bail conditions, the sheriff releases the defendant.

All types of pretrial release have basically the same conditions. Some of these conditions include:

  • Remain in the county,
  • Appear at all required procedural hearings,
  • Check in with a jail release supervisor,
  • Appear at trial,
  • Avoid further legal trouble, and
  • Keep up-to-date contact information on file.

These are general conditions which apply to all defendants. There are normally some offense-specific conditions as well. For example, most domestic violence assault jail releases include no-contact orders. Strict compliance with this order could mean that the defendant must relocate, even if the defendant’s name is on the resident’s lease or mortgage.

Fortunately, an attorney can often alter these conditions, if they are a problem. The travel restriction is a good example. Many defendants live in one county and work in another one. These issues are relatively easy to work out in advance. If the defendant is stopped in another county, even if the defendant has a good reason for travelling, the damage is difficult to undo.

Lawyers also advocate for defendants during pretrial release reviews. For example, the defendant might have an old or unrelated criminal conviction which technically derails the application. A lawyer can often arrange pretrial release anyway in these situations.

Presumptive Cash Bail

Generally, when sheriffs book defendants into jail, they set a presumptive bail amount, largely based on the defendant’s criminal history and the nature of the offense. Cash bail is a bit like a rental security deposit. If you return the property in good order, you get most of the deposit back. Similarly, if you obey all the terms of release, you get the cash back.

A Minnesota criminal defense lawyer cannot do much about the cash bail amount. However, a lawyer can reduce the amount at the arraignment. More on that below.

This amount is often too high for most families. About two-thirds of households cannot pay cash for a $400 emergency expense. So, a few hundred dollars for cash bail might as well be a few million dollars. The good news is that release condition enforcement is usually laxer in cash bail cases than pretrial release or a bail bond. If the defendant doesn’t fulfil a condition, the county simply keeps the money.

Bail Bonds

A bail bond is basically an insurance policy. If the defendant doesn’t meet all conditions, the bail bond company bears the financial risk. Most bail bonds companies charge about a 15 percent premium for this service.

The insurance premium is nonrefundable. It’s also much easier for many families to come up with two or three hundred dollars instead of two or three thousand. Additionally, many bail bonds companies accept credit cards or alternative forms of payment.

In some jurisdictions, Minnesota criminal defense lawyers may also write bail bonds for their clients. If one professional handles both jail release and the defense, there’s less stress on your family during a very stressful time. Furthermore, many attorneys are more informal in terms of bail bond conditions.

Bail Reduction Hearings and Minneapolis Criminal Defense Lawyers

Frequently, the arraignment is a formality in criminal cases. In fact, if the defendant is free on bond, most attorneys waive this hearing. But for incarcerated defendants, arraignments take on a whole new meaning.

In these situations, the arraignment, which usually occurs about seventy-two hours after the arrest, doubles as a bail reduction hearing. At this hearing, in addition to the aforementioned severity of the offense and criminal history, judges take a variety of factors into account. Some examples include the defendant’s:

  • Ability to pay,
  • Connection with the community,
  • Threat to specific individuals and witnesses,
  • Ability to flee the jurisdiction, and
  • Threat to public safety,

Attorneys frequently reach out-of-court settlements with prosecutors at arraignments. For example, the state might agree to reduce the bond amount if the defendant agrees to electronic monitoring.

About the Author

Gerald Miller is the principal attorney in Gerald Miller, P.A., a Minnesota DWI defense firm. He has over thirty-five years of experience in this area. Gerald has been recognized repeatedly over the years for his contributions to DWI defense and his successful representation of defendants. Click here for more information.

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Uncategorized https://www.lawresolution.com/blog/types-of-jail-release-in-criminal-matters/ https://www.lawresolution.com/blog/types-of-jail-release-in-criminal-matters/ Editor Thu, 08 Apr 2021 20:49:04 -0400
In New York, Does Your Car Insurance Cover Bills from an Accident? New York is one of a few no-fault insurance states, and this can be confusing. No-fault insurance covers your financial losses regardless of who is at fault for the accident in question. Every motorist in New York is required to carry a minimum of $50,000 in no-fault coverage for this very reason. Further, no-fault insurance follows the car – not the individual. This means that if you are injured as a passenger in someone else’s vehicle, the driver’s no-fault insurance will cover you. If you’ve been injured by another driver’s negligence, however, it remains in your best interest to consult with an experienced Brooklyn car accident attorney.

Your No-Fault Coverage

If you’ve been injured in a car accident – regardless of who is at fault – your no-fault insurance coverage will kick in for your financial losses, including your medical bills and lost earnings – at specific percentages that do not reach 100 percent. In such an instance, your medical bills will process through your no-fault coverage and not through your health insurance. If your medical bills exceed your no-fault limits, however, your health insurance may kick in.

The Limitations of No-Fault Coverage

The no-fault insurance approach is intended to help injured parties obtain the financial compensation they are entitled to when they need it, but it also has drawbacks. A serious injury can lead to debilitating pain and suffering that no-fault coverage does not address. Additionally, no-fault coverage has maximum amounts in place that don’t begin to cover the damages associated with more serious accidents.

Bypassing No-Fault Coverage

In those instances in which the injured party sustains what the State of New York deems serious injuries, claimants are allowed to bypass no-fault insurance and file a claim with the at-fault driver’s insurance company. All of the following reach the state’s threshold for serious injuries:

  • Dismemberment
  • Fractures
  • A bodily system or function that suffers significant limitations
  • Permanent loss of an organ or body member
  • The loss of a fetus
  • Significant disfigurement, such as from a serious cut or burn on or near the face
  • Any non-permanent injury that, nevertheless, prevents the claimant from performing his usual daily responsibilities and routines for at least 90 days of the 180 days that immediately follow the injury-causing accident

Wrongful death claims also bypass the no-fault threshold. Further, while the list of injuries that qualify as serious is somewhat specific, not all serious injuries can be so easily categorized, which is why consulting with a skilled Brooklyn car accident attorney is always a good idea.

Reach out to an Experienced Brooklyn Accident Lawyer Today

The established accident attorneys at Lipsig, Shapey, Manus & Moverman in Brooklyn have considerable experience successfully guiding claims like yours toward outcomes that protect our clients’ rights and that support their best interests (now and into the future). We’re here for you, too, so please don’t wait to contact or call us at 917-268-2985 for more information about how we can help today.

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Uncategorized https://www.lawresolution.com/blog/in-new-york-does-your-car-insurance-cover-bills-from-an-accident/ https://www.lawresolution.com/blog/in-new-york-does-your-car-insurance-cover-bills-from-an-accident/ Editor Tue, 06 Apr 2021 23:09:19 -0400