LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Tue, 11 Dec 2018 20:30:16 -0500 6 Legal Issues Commonly Faced by Startup Businesses  Smart startup entrepreneurs who desire to be legally sound will seek out a skilled startup lawyer to help them plot that course. If you’re in the early stages of planning a new business venture, here are some of the common legal issues to consider…

Business Structure

The business structure that you choose will be the framework for your startup for the first few critical years of change and growth. From the streamlined sole proprietorship and partnership to an LLC, corporation or cooperative, the choices are highly dependent on how you want to grow as a business as well as financially. For instance, taking on investors is often a part of a startup structure and how you expect to grow over the first five years can also help shape the decision.

Compliance

Every startup will deal with a range of issues surrounding compliance, but they will vary based on their industry sector, state, and a host of other factors. Federal compliance brings its own separate set of issues that is dependent upon business sector and what you do in terms of products, services, and method of sales among others.

In short, ensuring compliance is an ongoing effort that starts with the germ of a business idea through every evolutionary stage of the business. A business lawyer for a startup is crucial at each of these stages as they can keep up with the changes in the law as well as the changes in the business to ensure compliance.

Employee Legal Issues

Employee legal issues run the gamut from setting up the employee handbook and compensation to non-disclosure agreements and a host of other issues. Whether you start with employees or plan to add them as the business grows, you need to have a plan and structure for dealing with all of the legal issues that come with employees before you get started.

Protecting Intellectual Property

Everything from the name of the company, your logo, slogans, and website to products, services, and design patents are all part of the intellectual property (IP) that you must protect from the day that they are conceived. Trademark searches, patent filing, and copyrights are only the beginning as you need to also monitor the marketplace and social media for violations of your IP that can mean disaster for your business and your brand. A startup lawyer that is skilled in IP is crucial to making sure that nothing is overlooked, and your IP is protected nationally and internationally.

Structuring Partnership Agreements

Many new companies fail due to the fact that there never was a well-written partnership agreement in place that spelled out the duties and obligations of each partner and covered all issues that could have arisen in the future. Things like unanimous partner decision frameworks, equity and asset division and many more must be tackled and addressed in a comprehensive partnership agreement at the outset of forming the partnership.

Non-disclosure Agreements

Sharing proprietary information with third parties and employees may require the development of a non-disclosure agreement. This type of document must be highly detailed regarding the specific proprietary information and the rules governing its sharing. The price for not doing this correctly could mean loss of IP.

The wise startup entrepreneur understands that while he or she may be capable of going it alone on the legal front for some of these issues, they see the insurance benefits of having a trusted lawyer for business startup safety that also frees them to concentrate on business development.

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6 tips to choosing the right business partner Nothing can sink a business quicker than when business partners do not get along.  The fact is when you do not know your potential business partner well things could go bad quickly.  

But like most partnerships the beginnings are usually great until the things get tough and before you know it there is anger, fighting and lawsuits.  

Following a few simple but important rules can help you choose the right partner and eliminate the ones who aren’t a good fit.   

It is important to try and know as much as possible about your new partner and this includes their family life and his or her finances as these factors could easily effect the partnership down the line.  Here are some simple questions you should be able to answer before going into partnership with someone.

1 You should trust them

If your gut is telling you otherwise, then don’t do it.  You need to trust this person as they will be a big part of your life and not to mention see sensitive information pertaining to your business like bank accounts, client information, and more.  Don’t hesitate to run a criminal records check on the person you’re thinking about partnering with, epically if you don’t know them well.

  1. Agree on responsibilities upfront

This is particularly important.  There has been many a business partner breakup because responsibilities are not laid out up front.  Be sure to be crystal clear in what everyone’s roles are so there is no confusion down the line.  This is an easy hurdle to cross if you take care of this upfront.

  1. Money

Money can sink even a good partnership so agree on this before any documents are signed.   How will funding be used?  How will profits be distributed, when will they be distributed.  These are must do’s upfront before a business partnership will work. 

  1. Strengths

It would be wise to partner with someone with opposite strengths then yours.  If you our good at operational levels within the company you don’t need a partner with the same strengths.  Find someone with the opposite strengths as you to help grow the business and keep your profitable.

  1. Valuation

Know what formula would be used to determine the value of the company should anything happen to the partners.  Including yourself if you decide to leave.  What would determine the value of the company in the event any of this becomes reality?  It is much easier to come up with a formula in the beginning then fighting it out with attorneys later on. 

  1. Use an attorney

Have your attorney either draw up a contract for you or have him look over the one you are going to use.  Both you and your potential partner should agree on what’s in the contract so there is no issues later on in the process.  Everything should be clear and agreed upon before anything is signed.  This is the time to make changes or amendments to the contract, not later on.

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Why Should You Get in Touch with a Personal Injury Lawyer? Taking legal help at the right time can solve many problems and can bring life back to track. When disputes are solved, you feel lighter, and when you win a lawsuit, your rights are established. This brings you confidence and also helps you claim a penalty for any loss that you incurred due to someone else’s fault. That is why, when you have incurred any injury in some accident, you must visit a personal injury lawyer for help.

What does it take to get legal advice and file a lawsuit?

When it comes to law and legal help, then you may feel somewhat confused if you are knocking the legal door for the first time. How to contact a lawyer, how to talk about fees, and how much will it cost, how to proceed and what to carry, and many such things come to your mind. When you are planning to consult the <a href="https://www.vhdlaw.com/"> www.vhdlaw.com injury attorneys</a>, then you have the assurance of getting a consultation and great solutions with clear advice from the lawyer at a reasonable cost. And this is what clients look for. Legal consultation can be availed round the clock because problems may occur suddenly and you may seek advice at odd hours too. Hence the ideal lawyer should be available for consulting over the phone always.

Only a lawyer will be able to advise you the best about how to file a lawsuit, and if your case at all can be registered. That’s because if you really have evidence of the harassment and damages from the injury, then only the case gets strong, and the lawyer can collect the evidence and present them in the right way to prove things. Hence a proper legal consultation is much needed which you will have to undergo.

When your case can be registered as a personal injury case?

Your case becomes a personal injury case when something like this happens:

  • You are hit or injured by a vehicle
  • You get injured at work due to the fault of the office or company or factory
  • You get injured outside the home because of the fault of another person or property
  • You get injured inside home due to some appliance malfunction or consumer durable due to manufacturer’s fault

In cases of these types you just need to provide your full details to the personal injury lawyer. The rest of the things are then taken care of by the lawyer. And a strong case can be built to collect a good penalty from the accused.

The penalty helps you in meeting your medical expenses or treatment etc., and for damages to your belongings or property, and also for the harassment, you went through, and also in case you lost your job or working capability due to the problem.

Finally

A timely consultation can help you raise enough penalty from the lawsuit to meet the expenses and also arrange for the fees of the lawyer from it, although the fees are affordable. Hence, it’s important that you realize the urgency to act the soonest.

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Debt Settlement Company or a Lawyer – Which One Works the Best? If simple things like making budgets, making changes in your lifestyle to save more or even consolidating debts have not worked then maybe it is time that you looked to settling your debts as a last resort before filing for bankruptcy. While technically, there is nothing to prevent you from negotiating with your creditors on your own, it is often suggested that engaging a debt settlement company or a lawyer could be better as they have a lot of experience that they can use to bring down the amount of the debt and give you a better saving.

Debt settlement has acquired a certain amount of notoriety due to some unscrupulous companies swindling customers. However, the American Fair Credit Council (AFCC) has published a report (https://americanfaircreditcouncil.org/wp-content/uploads/Regan-Report-Short-Version-FINAL-AFCC-Brand.pdf) stating that after an analysis of 2.9 million debt accounts of 400,000 clients, it was clear that “for consumers who qualify, debt settlement offers significant financial and structural advantages over other alternatives.” On the other hand, many people are also skeptical of engaging lawyers, as they fear that the costs of hiring them can mean a serious drain on the resources.

The Rationale of Debt Settlement

Most people are confused by the shrill advertising by debt settlement companies promising to slash their debts by half or even more and wonder how that can be even possible. However, when pursued by collection agents, these advertisements become very attractive and people approach them to manage their debts without really bothering to find out how it all works. Firstly, debt settlement only works if the debt you have accumulated is unsecured. This is because if you default on a secured asset like a car, it can easily be repossessed by the financier and sold off to realize the outstanding so the need for debt management does not arise. If you have a lot of unsecured debt that you are unable to make the monthly payments on, you can by yourself or through a debt management company request the lenders to reduce the debt so that you can pay them back and not continuously default. If you can convince them that you are indeed headed towards bankruptcy if they do not agree for debt settlement, they will naturally try to settle as best as they can because they know that they will never get their money back if the customer files for bankruptcy. Click here to know more about debt relief.

The Process of Debt Settlement

Typically, when you undertake debt settlement by a debt management company, you are required to give them the details of all the debt that are outstanding. The debt management company asks you not to make any monthly payments to the card companies and instead, deposit the payments in a special account set up for this express purpose. Typically, the payments you deposit into the account every month is used to build a corpus of funds that will be used by the debt settlement company to encourage the lenders to settle. If the customer has agreed to any monthly fees to be paid, it will be deducted from that account. By law, the debt settlement company cannot ask for any fees upfront and will generally earn their fees contingent to the debts being settled; the fee will normally be a certain percent of the savings achieved through the settlement process. According to the AFCC, debt settlement (https://americanfaircreditcouncil.org/wp-content/uploads/Regan-Report-Short-Version-FINAL-AFCC-Brand.pdf) on an average saves consumers $2.64 for every $1 in fees paid.

Secrets That Debt Settlement Companies Usually Do Not Reveal to Customers

Debt settlement companies tend to omit to mention to their customers that once they stop making their monthly payments to the card companies, their dues will not only swell due to the interest and late fee charges but also that your credit score will take a hit. It is also often taken for granted that customers know that creditors are not bound to accept any offers of settlement. In fact, many card companies immediately file a lawsuit against the cardholder if the account is already delinquent upon discovering an approach has been made by a debt settlement company.

Benefits of Hiring a Lawyer

If you are convinced that you do not have the skills to negotiate a debt settlement all by yourself and also do not want to engage a debt settlement company, you can consider hiring a lawyer instead to help you out. A lawyer experienced in debt negotiation can analyze your financial situation and offer you advice on how best to sort it out. They can also represent you in court if you are served a notice by the card company. After scrutinizing your case, an attorney will be able to tell you if debt settlement is viable or if you need to file for bankruptcy. A lawyer will also be able to inform you of your rights when debt collectors come calling and what to do if they violate the provisions of the Fair Debt Collection Practices Act.

Beware Of Unscrupulous Lawyers

Even though lawyers have a code of conduct and need to be ethical when dealing with their clients, there are many who will try to rip off their customers with bad advice and unnecessary fees. You need to also stay away from lawyers, who are conspiring with debt settlement companies or actually in their rolls; who might really not be interested in getting you a fair deal. It is best to hire a lawyer who has been recommended to you by someone you trust and speak with him directly to find out what his scope of involvement will be. Try to speak to the person who will actually represent you and not to the army of paralegals kept for handling the paperwork.

Conclusion

If you are cornered, debt settlement can be a practical way of reducing your debt substantially. Whether you do it by yourself, or engage a debt settlement company or hire a lawyer depends on your level of comfort. You must ensure that you are dealing with genuine people to solve a genuine problem otherwise; you could find yourself in a bigger problem.

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Before Opting For Debt Relief Or Settlement Know The FDCPA And TSR Laws The fact that you are rightfully at fault for not paying off your debt or not being able to keep up with your repayment schedule does not mean you will lose all your rights. There are several federal as well as state laws designed to protect your rights as a consumer whether you have a huge credit card debt or a medial debt to repay.

It is better to know about this debt relief or debt settlement laws so that you do not allow the debt settlement companies or even the debt collection agencies to take advantage of your dire financial situation and misuse their powers. These laws will prevent further worsening of the situation and keep you protected from any malpractices.

To start with and be very clear, understand that these laws are specifically aimed to prevent any malpractices by the debt settlement companies and certainly not aimed at relieving your from your debt responsibilities. In the end, you will have to repay whatever you owe to your creditor in the form of principal and interest on principal or face severe consequences, legal as well as in your credit report.

Much opposed to the common belief, the creditor has all the right to call and even sue the debtor if need arises and payment is not received.

Objectives of the law

The primary objective of the FTC or Federal Trade Commission laws is to prevent malpractices that are most of the times abusive, threatening and emotionally taxiing for the debtors. The federal government thereby felt the need to design and implement a series of protective laws that the collection agencies as well as the creditors must abide by. These laws keep all of them in line and within limits when they start asking the debtors and force them to pay up.

There are several different laws and provisions made by the Federal Trade Commission that you may find on their website. It is highly recommended that you read through these along with the debt settlement reviews to have a clear idea of what you are getting into and your rights.

Ideally, there are two specific laws that you need to know as these are very important for all those debtors who find them deep in debt and seek for debt relief. These are FDCPA and TSR.

Features Of FDCPA

To know about the FDCPA you must start with knowing that it is the short form of Fair Debt Collection Practices Act. It is designed to protect you from being harassed by your creditors and the collection agency but the law does not condone or condemn the collection process. The strict rules are imposed to prevent this collection process from turning abusive. Here are a few important facts and feature for you to know about the coverage of the FDCPA:

  • The collection agency must inform who they are, the creditor they represent, why they are calling and the total amount you still owe on their first contact
  • Not call early in the morning or late at night
  • They must leave proper contact details so that you can get in touch with them
  • Provide a written correspondence of everything within 5 days after the first phone call

As for you:

  • You have the right to be treated respectfully and fairly by the creditors during the collection process
  • Tell the collection agency when and how they can get in touch with you next time
  • Request them to call you only at home and not anyone else
  • Tell them to stop calling you.

The creditors can only send you a notice of consent or any action they may take if you do not take up their call such as filing a lawsuit. 

You may also:

  • Provide a proof in case you file a complaint for abusive practices to the FTC
  • Put every correspondence in writing
  • Ask for reference number of the call being made to you
  • Have a recording of the call pulled out
  • Send a letter with details of requests made
  • Pay for return receipt request
  • Ask in writing for the negotiated amount for settlement
  • Ask to confirm the creditor what you have written during settlement
  • Not pay anything that you are not sure of
  • Send a letter for any wrong debtor information and
  • Request for a breakdown of interest rates and fees.

However, you should not ignore a collector completely or even tolerate profane language, abuses or threats. For making any complaints to the FTC get in touch with the Consumer Finance Protection Bureau.

Features of TSR

This is another law you need to be well aware of when you are looking to settle your debt or for relief. TSR is the short of Telemarketing Sales Rule and protects your interest for-profit debt settlement and relief companies preventing them to take advantage of the situation. This rule protects the major areas of concern such as upfront payment.

It is considered illegal to collect any upfront payment before the service is fulfilled. The fulfillment of service is also explained in the rule and can be as the following:

  • Successful re-negotiation
  • Debt settlement
  • Reduction of the debt amount
  • Alterations made in payment terms for at least one debt
  • Submission of a written debt management plan
  • Designing a settlement agreement or any other between the creditor and you and
  • Proof of initial payment made to the creditor depending on the settlement agreement reached after negotiation helped by the company.

It is also stated in the TSR rule that there must be an escrow account created so that you can deposit the service fee of the company. However, it is clearly mentioned in TSR rule that such payments can only be collected if you are satisfied with the services or when you reach a pre-agreed milestone at the least. This rule even applies for re-negotiations for a reduced monthly payment or for full payment alike.

To achieve full financial freedom you will need to do more research on other laws apart from these two. It is legitimate and prudent to sit with a financial expert.

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Advantages Of Debt Settlement For Small Businesses Debt has enough power to sink your small business. Yes, it is quite common for big and small businesses to procure loans for purchasing assets and equipment for company. If the assets fail to produce adequate income for keeping up with the loan payments, you can try an effective strategy to make business debt way more manageable than before. You can easily look for debt settlement to get rid of any overwhelming or major business debt. Now, do you really know if your business can get any advantage from debt settlement? To learn more about it, some simple points can work big time.

Some settlement advantages available:

Debt settlement, as suggested from the name itself, is about negotiating with creditors so that they can forgive large portion of amount that you currently owe. Credit card companies mainly opt for the field of debt settlement for recovering some of the major debt when they realize that they might be losing entire amount if borrower ends up filing for bankruptcy.

So, it is time to negotiate smartly and get anywhere near 30% to 70% of the entire outstanding debt. You can even get a higher percentage excused only if the creditor is convinced that you have no other option but to head towards bankruptcy. If they can find out that you are unable to afford the money once purchased, the creditors have high chances of settling for the debt settlement instances.

Best way to avoid bankruptcy:

People are primarily compelled to choose debt settlement for business, when they are actually neck deep in business debts and moving towards bankruptcy.  This final stage of bankruptcy can easily ruin their life forever as the entry might be remaining on the report or credit profile for a complete decade. Chances are high of you encountering issues if you are currently eyeing for fresh loans after bankruptcy.

  • Creditors might be asking the borrowers if they already filed for bankruptcy. If you deny going for bankruptcy and then caught later, you might be charged of fraudulent case and can easily lose your job. So, telling the truth is highly advisable during such crucial cases as creditors will double check every word you speak.
  • Debt settlement, right now, is the finest way to get rid of debt without even filing for bankruptcy and even encountering negative consequences related with bankruptcy.
  • It is your credit report showing debt settlement entry for the first 7 years. You won’t be facing any public record or evidence once these first 7 years are covered. So, now you know why debt settlement is so important in your life, especially while running a small business on your own.

A perfect relief from some overpowering debts:

If you ever go through the debt settlement reviews, you will understand the value this method has in store. Debt settlement, no doubt, is one of the proven ways to get some major relief from your unwanted overpowering debts. Your primary aim over here is to pay creditors a smaller part of existing debt through debt settlement.

  • Avoid allowing the credit card based debt to accumulate more in the hope of settling it later.
  • It is time to opt for debt settlement when you are going through major trouble legitimately in repaying the borrowed money to the creditors.
  • After the negotiation periods are over and you have already paid your part of settlement amount, you are completely free from debt burdens. This method of debt settlement is likely to involve less time and even lower cost when compared to any classic form of repayment schedule.

However, one thing to remember with debt settlement is that you have to make a promise of amount, which you can easily pay. Once the creditor approves your lower percentage, you have to pay them the money immediately and can’t take any more time for that second repayment. If you fail to repay that lower amount, then the creditors have every right to sue you, leaving you in the lap of bankruptcy.

Faster repayments of debts through settlement procedure:

If you end up settling for a good debt settlement plan, you can repay your debt within an ideal period of 2 to 4 years. It means you have to invest much less time in repaying the debt, especially when compared to the traditional procedure, which might take a decade, if not more!

Debt settlement procedure might not be that easy as sometimes, creditors might not agree to the current settlement terms. It will force your credit to suffer quite a bit.  With other kinds of debt solutions, you have to weigh advantages of the current debt settlement plan and try to convince the institution until they clearly accept your offer made.

Few negative points to consider:

In terms of money and loan, nothing is all roses and beautiful. There are some cons to every kind of loan option or repayment schedule you are planning to do, and debt settlement is not exceptional. Yes, there are some negative consequences to debt settlement. It is hard to believe by the ardent followers of debt settlement, but you cannot hide the truth for too long.

Always remember that creditors will not guarantee always to agree to your present settlement offers. In the meantime, your credit score has to suffer some harsh blows. Sometimes, chances are high that you might owe taxes on the debt amount, which has been canceled. As with any other kind of debt solution, it is mandatory to weight the current benefits of debt settlement first to check on its positive and negative sides too, before finally making a decision of your own.

Help from financial advisor:

Going through the benefits of debt settlement plans might actually force you to go for debt settlement, without even thinking about it for the second time. But the last stop of negative points is making you quite confused. Well, financial advisor might be your guide for the day then. Ask him or call his firm to get clear ideas on the accurate next steps to take.

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Some of the essential information about debt consolidation laws Debt consolidation laws are put in place to help people in being able to pay off their debts easily and become free from any financial burdens. In this article, you will be learning the essential basics of debt consolidation laws.

Why can a person feel he is under the financial pressures of debts?

In general, people can feel financial burdens for their debts for a variety of reasons. People tend to take loans for a purpose, either business or personal. They take the loan with a plan in their mind about how they should be able to pay back the loan within the stipulated time. However, there can be times when the source of income which the person had relied upon initially when he took the loan to get dried up and fail. People might not be making profits in their businesses, or their jobs might not be able to sustain them with the income. The possibilities are endless as to why a person can suddenly find himself to be unable to pay the loan amounts. The financial burden starts to be felt when he has more than one or several creditors to whom he has to make the repayments. This can result in a person feeling depressed and mentally flustered. This is why people undertake debt relief services like debt consolidation loans to repay their debts.

Laws pertaining to Debt Consolidation

In the matters relating to debt settlements, there are some rules, guidelines and legal frameworks which have been put in place. It is absolutely vital that you understand what these guidelines and legal frameworks are if you want to go for a debt consolidation loan or any other form of debt settlement. Understanding these laws will be helping you in getting rid of the debts that you owe more seamlessly. Also, by being a debtor, you will be able to come across plenty of legal provisions which will be protecting the basic rights that you must have. These are some of the most important highlights about the debt settlement laws that need to be discussed.

  1. Have no fear – no harm in getting some money in return

It will not matter too much what amount your lender owes from you, but under no situation whatsoever will a lender be able to cause you any form of harm. He will not be able to threaten you in any manner or any of your family members in order to be extorting and recovering the money from yourself. Thus, your fundamental human rights will be protected by the debt consolidation laws and the legal frameworks. Under the circumstances when these regulations get violated, you are entitled to take any legal action against your lender, and you might also sue him for money.

  1. Incorrect generation of bills for your credit cards

In the event that your bills for your credit cards have already been generated incorrectly, then you might even choose not to be paying that bill. The non-payments of these bills ought to be settled with your credit card company. If your credit cards company were to not agree to the arguments that you have presented, then you are within your right to be taking up some form of legal action. This will also give you a chance for providing a number of legal documents and also some arguments for your favor. In a lot of cases, the two parties will also be agreeing to go for a settlement out of the court when they agree to settle the amount to one fixed limit.

  1. There are not any legal provisions for escaping the payment

There are no provisions which will be saying that you are going to be able to escape making any payments which might be due to the lender that you have. After you have borrowed an amount, you shall have to be paying him back with regards to the contracts that you have for the lending. In case you do not want to be following these contracts, you would be attracting legal troubles, and this can even go on to result in some legal penalties for yourself. Having financial penalties will go on to cause you a lot of harm in the future. You should understand that you have to take a debt relief service in the first place because you have a bad debt and if you were to incur any penalty on top of this, you would be going on to pay a lot more for violating these lending contracts.

  1. Laws can change for the different states

Various states of the United States follow different frameworks of the law. As a result of this, it is important that you take these differences for some consideration. The law is one matter which will be varying from state to states. But at the same time, one would also have to understand that the legal matters can be almost similar in their ways. There can be some differences regarding the terms, conditions and the regulations. However, the basic things would not be varying too much.

As these matters can get quite complicated, for the legal issues, you are best advised to take guidance from lawyers. This will be achieved by getting professional lawyers and legal experts. You would need some special and experienced debt consolidation lawyer who can be streamlined in being able to give you the unique debt settlement advice from the legal points of views. You can get more info from ntionaldebtrelief.com/ about debt consolidation laws.

Conclusion

Thus, you must understand that going for debt consolidation or a debt settlement can be an extremely critical thing. Because of this, it needs to be treated with perfection. In order to be settling the debts that you owe, you must try to follow some extremely simple things. The most vital thing that you ought to have is some guidance from debt settlement experts and lawyers. Hopefully, the information mentioned in this article will have helped you.

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Uncategorized https://www.lawresolution.com/blog/some-of-the-essential-information-about-debt-consolidation-laws/ https://www.lawresolution.com/blog/some-of-the-essential-information-about-debt-consolidation-laws/ Editor Wed, 28 Nov 2018 09:50:57 -0500
A Quick overview of how to act when personal injury hits you One fine morning, Ellie's husband was on his way to office at his regular time. In about an hour, she got a call from a local police officer that her husband’s car has got hit by another car and he has been seriously injured. Life is unpredictable. Within a matter of a couple of hours, Ellie’s life had turned upside down. This is a typical case of personal injury. Ellie’s husband might be diagnosed with a major physical or mental disability impacting both their lives forever or causing a lifelong fear of such accidents in the mind of the victim. Even if the injuries are minor, her husband has sure lost a few days of productivity, thereby impacting his earning capacity for those many days. Such accidents, whether caused due to negligence, recklessness or be it intentional, they qualify for legal action under the definition of personal injury law and gives the right to the victim to file a lawsuit against the person responsible for the injury. 

Personal injury law, in the simplest of the terms, can be described as a civil law that protects a person from the wrongful act of another person, whether caused out of intent or negligence, thereby causing physical, mental or emotional damages or injuries. Since, every case is unique in itself, owing to the unique circumstances in which the accident might have happened, the extent of damages varies from case to case. In such a case, it is essential to employ professionals or legal experts, to assist in the correct assessment of damages. Price & Price lawyers have great experience and knowledge in the field of personal injury law.

So, if you or your relative have gone through an incident of personal injury, know what steps to take:

  • First and foremost, if the incident or accident has taken place, protect yourself or the victim from the risks of getting of injured any further. Say for example, in the case of a road accident, if an initial crash has taken place, ensure that the victim is protected from any secondary crashes. The damaged vehicle or the affected person who had ended up being in the middle of the busy road, are at great risk of further damages.
  • Do not say no to medical attention, irrespective of the extent of the injury. The extent of the injury is a major factor in determining the extent of liability of the person responsible for such damage. Doctors provide with medical tests and reports that act as prime evidence to assess the extent of the damage.
  • Click pictures and collect as much evidence you can get as possible. Whether you have suffered because of a road accident or a defective product or due to the negligence of another person, keep all the evidence associated with the incident to strengthen your claim.
  • Inform your insurance company, register a complaint with the police and contact a personal injury lawyer as soon as you can to help you tread this path of emotional upheavals and mental challenges.

So, if you have gone through or have witnessed a personal injury case, do not wait any further, and take the required steps now!

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Five Important Reasons to Always Hire a Local Bail Bonds Company You may never expect to have to get yourself, your friend, or family member out of jail. However, if you have to, then you will want the process done as quickly as possible. A local bail bonds company will be much easier to find and hire because they operate within the local community. Furthermore, they will handle your case with professionalism and ensure that you get the best services possible. Local bonds agencies are a better option when compared to nationally owned companies. Here are reasons why choosing a local bail bonds agency makes all the difference.

Local experience

Locally based bail bond agencies are conversant with the jailhouse that you or your loved one are detained in. Furthermore, the agents will know the people who will handle all the relevant paperwork and the release process. This expertise and knowledge will ensure that the release process goes much faster than it would if you had opted for an out-of-town bonds agent. Local companies will not have to start the process from scratch for them to successfully understand and navigate the workings of the local system.

Tailored services

Local bail bonds agents will offer their clients face-to-face and personalized assistance. You will have actual people taking you through the entire bail process. This makes it easy to request for bond for you, your loved one, or friends. A local company will be readily available to handle all the requests and questions that you may have. These professionals understand the local laws and legal system and will be eager to answer all your questions. They will scrutinize your individual circumstances and offer the most applicable services.

Local accountability

When you choose a local bail bonds company, you will have professionals that you can easily contact whenever you want to. These agencies have offices in your local community and this means that you can ask them questions or visit their offices to get all the information that you need. Most of these companies are owned by local people and this means that they are held accountable to the local standards. Therefore, they will always strive to offer excellent services and maintain a good reputation and standing within the community. www.bailbonds4u.com/locations/columbus/ has all the information you need.

Trustworthiness

With local bail bonds agents, you will be assured of excellent services from local experts that you can trust. Since most of these agencies are locally operated and owned, they have invested in the local communities that they serve. Furthermore, they may be people that you know and live close to. Their companies thrive when they get positive references and referrals from satisfied clients in their area. Therefore, you can be assured that they will offer the best services.

Faster bail process

Local bail bonds agents will respond faster to your call and needs, especially when you are detained in the local state jailhouse. These companies have locally based agents that will be eager to assist you whenever necessary. These agencies are in close proximity and they will ensure that you get out of jail quickly. Furthermore, they have built close relationships with local legal officers and policemen and understand the fine details of the local legal system. You can be assured of a faster release process that will allow you to get your freedom back within no time.

When you want to bail a friend or loved one from jail, always go for local bail bonds companies. These companies have the experience, professionalism, and speed that you need in such a trying moment. Local bail bonds agencies value your money and time and have earned trust by providing excellent 24-hour bonding services for many families in their local community.

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Uncategorized https://www.lawresolution.com/blog/five-important-reasons-to-always-hire-a-local-bail-bonds-company/ https://www.lawresolution.com/blog/five-important-reasons-to-always-hire-a-local-bail-bonds-company/ Editor Wed, 28 Nov 2018 09:28:30 -0500
Preventive measures against reckless driving With busy streets and people on them, you have to be very careful how you drive! Though for some people driving carelessly with excess speed and breaking all rules, might appear like an adrenaline rush, but it is undoubtedly not a good thing to be proud about. Rash driving can harm other people, result in fatal accidents causing the death of innocents, damage public properties and the like. Above all, it will lead to fines and other legal repercussions which can become difficult to manage and you might have to serve jail time for a long term.

Rash driving is a common reality! Therefore, measures need to get implemented globally. So, whether you are pondering on Fairfax reckless driving news updates or any other place, the preventive measures apply to all. Discussed below are some of the important preventive measures against reckless driving that everyone can follow:

  • Take note of dangerous drivers: The streets today are filled with reckless drivers. So be wary of any driver that looks dangerous. So, when you get to see that a car is moving with excess speed and tailgating very carefully, simply get out of their way.
  • Report about rash drivers: If you notice that someone is driving recklessly, then you simply need to call the local police and report about the same. For instance, what to do when you find a truck driver driving carelessly? Simply dial the number that is written at the back of the trailer and file a report.
  • Do your bit in following the rules: Make sure that you have your seat belt on and also ask others in your car to do so. Seat belts are helpful in a considerable way to avert any type of injury when there is an accident.
  • Stop yourself from getting distracted: Some of the classic cases of rash driving happen when the driver gets completely distracted. So, make sure that you don't get distracted by eating, talking, doing your make up, texting or even listening to loud music while you drive. It's important to be alert when you drive so that you don't end up getting up distracted that might result in an accident.
  • Keep ample time at hand: One of the most important causes of rash driving is not having sufficient time at hand. So, make sure that whether you are setting out for your office or out to complete some errands, like visiting a shopping mall, have ample time at hand. If you have less time and you are getting late, chances are you might drive rash and cause havoc on the street.
  • Know the traffic rules: Don't break any traffic rules. Today, you can get easy to read online traffic guide manuals that you can keep handy. Furthermore, don't cross traffic signals and jams in a hurry. Always abide by the traffic rules, and you can steer clear from any fines or legal penalties. Also, make sure that you are not driving under the impact of alcohol or drugs. Check the traffic conditions and drive accordingly to stay safe.

Even when you take note of all the safety measures, there are chances of you being a victim of rash driving. It is always better to contact an injury attorney to manage the legal repercussions than heading to the court all by yourself. Today, you have help at hand that you can count on.

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Uncategorized https://www.lawresolution.com/blog/preventive-measures-against-reckless-driving/ https://www.lawresolution.com/blog/preventive-measures-against-reckless-driving/ Editor Wed, 28 Nov 2018 09:05:06 -0500
How Can a Veteran Appeal a VA Claim Decision? Military veterans of the United States have made sacrifices for the country that many people can’t begin to understand. Many veterans are deserving of disability benefits after giving years of service to our country as well as sacrifices of such magnitude. Some of the most common claims filed are for disabilities such as mental health issues, Gulf War Syndrome, Agent Orange-related disabilities, as well as orthopedic injuries. Amputation, heart disease, visual impairment, and hearing loss are also commonly seen claims.

If you’re a veteran, one of the last things that you want to have to worry about is your disability benefits claim being denied by the VA. It can be overwhelming and discouraging to know that you now must go through the appeal process and simply hope for the best. If the VA does deny your claim, what can you do as a veteran to appeal their decision?

In order to know how to appeal a veterans disability case it’s important, first and foremost, to understand why the VA denied the claim. Was there a lack of medical evidence? Depending on the condition, medical records proving examination, diagnosis and treatment are typically necessary.

Is there proof linking the condition to your service in the military? It’s crucial to be able to demonstrate that your service is what aggravated the disability. The medical opinion must be formed and documented properly as well. Claim evaluators will look for specific phrasing and language from the doctors when checking its validity. The evaluator must also determine that a veteran is at least 10 percent disabled due to a service-related condition.

Once you know the reasoning behind the denial, take the time to get all documentation necessary before making your appeal. Know that you always have the right to appeal if you feel you were incorrectly denied.

Start by filing a Notice of Disagreement with your VA Regional Office. You’ll receive a Statement of the Case, and you can then file a Substantive Appeal. In this form, you can explain the actual issues that you’re appealing, why you disagree with the VA’s decision regarding your claim, what facts you believe the VA got wrong pertaining to your situation and condition, as well as how you would rate your disability.

Keep in mind that you’ll need to provide new evidence supporting each of these points. The appeals process can be even more complex than filing the original claim. It can certainly be helpful to have legal counsel during this process as it has the tendency to feel somewhat overwhelming and complicated.

A Final Note

According to personal injury attorney in Rock Hill, SC, financial pressures after injuries or accidents can be intense and can add up quickly. It’s important to consider current medical expenses as well as expenses you’ll have in the future.

If your claim is denied but you’re worried that the appeal will be a daunting process, remember that it will be worth it in the end. As Howard Spiva, a personal injury lawyer in Savannah explains, you shouldn’t be afraid to seek legal counsel to take some of the weight off of your own shoulders.

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Uncategorized https://www.lawresolution.com/blog/how-can-a-veteran-appeal-a-va-claim-decision/ https://www.lawresolution.com/blog/how-can-a-veteran-appeal-a-va-claim-decision/ Editor Tue, 27 Nov 2018 02:14:26 -0500
5 Driver Safety Tips for Your Road Trip This Fall With the weather starting to cool down and the leaves beginning to change color, it’s the perfect time of year for a road trip with friends or family. Whether you’ve got a destination in mind or you’re simply driving to explore, you’re sure to have an incredible time with your loved ones. The only thing that could put a damper on your plans would be an accident on the road. It is so important to keep tips for safe driving in mind when you know you’ll be on the road for a while. Check out these five tips for driver safety for your road trip this fall.

  1. Check Out Your Vehicle

Inspect your car before you head out. Check the tire pressure and the fluid levels as well as the headlights, tail lights and blinkers. Keep an emergency kit in your vehicle, and have warm blankets in case something happens. Jumper cables, a spare tire, and equipment for changing a tire are also important to have.

  1. Stay Alert

According to the Myrtle Beach car accident attorneys at the Jebaily Firm, distracted driving is one of the most common causes of car crashes. Though you may not be texting and driving, other drivers might be. It’s important to remain aware of other drivers around you at all times.

  1. Don’t Rush

Take your time to enjoy the scenery around you and the quality time you’ll have with your friends or family. Virginia Beach car accident lawyer Robert Haddad states that speeding is one of the most common causes of car wrecks. If you need to be somewhere by a specific time, leave with plenty of extra time for bathroom breaks, food and gas refills.

  1. Secure Cargo and Stay Put

Make sure anything you have in your vehicle is secure—such as luggage or unoccupied car seats. Consider storing these in the trunk so they won’t fly through the vehicle if you need to slam on your brakes. If something falls to the floorboard, leave it where it is. If you really need to grab something, pull over to safe spot and retrieve it.

  1. Give Yourself Space

Keep a couple of car lengths between you and the vehicle in front of you—even more space if the weather is bad. If you need to slam on your brakes, you’ll have more time to process what’s happening and to avoid whoever is ahead of you. If there’s a vehicle close behind, consider switching lanes and letting them pass.

Benjamin Sansone, an auto accident injury attorney in St. Louis explains that some of the most common types of car accident injuries are neck and back injuries, which could be caused by being rear-ended. However minor an injury may feel at first, it’s possible that it will worsen over time. See a doctor immediately to get check out and to have record of your injury.

A Final Note

According to Bennett Schiller, a personal injury attorney in Rock Hill, SC, you could be entitled to compensation for medical expenses and lost wages if you do get in a wreck. Doing your best to avoid a wreck, however, is certainly the best option. Keep these 5 tips in mind for a fun and safe road trip this fall.

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Uncategorized https://www.lawresolution.com/blog/5-driver-safety-tips-for-your-road-trip-this-fall/ https://www.lawresolution.com/blog/5-driver-safety-tips-for-your-road-trip-this-fall/ Editor Tue, 27 Nov 2018 02:12:28 -0500
When a Birth Injury Becomes a Medical Malpractice Case For parents looking forward to the birth of a healthy and happy baby, a birth injury is a devastating outcome. There are approximately 4 million babies born in the United States each year, according to the National Center for Health Statistics, and about 1.7 percent of those births involve an injury. That equals around 68,000 infants who suffer birth injuries each year. If the injury was preventable, meaning it wasn’t caused by a genetic disease or condition but rather was due to medical negligence, the despair and anger parents feel can be crushing. What is the difference between a birth injury caused by genetics, also referred to as a birth defect, and an injury caused by medical negligence?

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

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

Malpractice Injuries

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

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

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

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

What Parents Should Consider

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

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

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

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

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

How you can help fight fraud

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

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

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

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

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

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

How whistleblowers benefit from the FCA

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

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

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

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

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

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

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

Seek medical treatment

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

Report your injury

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

Keep injury-related documentation

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

File for workers’ compensation

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

Consider getting legal assistance

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

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

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

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

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

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

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

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

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

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

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

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Uncategorized https://www.lawresolution.com/blog/how-attorneys-calculate-damages-in-personal-injury-cases/ https://www.lawresolution.com/blog/how-attorneys-calculate-damages-in-personal-injury-cases/ Editor Tue, 13 Nov 2018 10:48:42 -0500
What if You Are a Hit-and-Run Victim? You were coming or going from work, running errands, out for a nice night on the town.

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

If this happened to you, how would you react?

Don’t Let the Driver Get Away with It

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

Among the items to keep in mind:

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

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

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

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

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

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

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

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

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

  1. The legal process can be incredibly complex.

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

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

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

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

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

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

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

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

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

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

  1. If a wrongful death occurred.

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

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

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

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

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

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

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

A Final Note

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

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Uncategorized https://www.lawresolution.com/blog/5-reasons-your-family-may-need-a-personal-injury-attorney/ https://www.lawresolution.com/blog/5-reasons-your-family-may-need-a-personal-injury-attorney/ Editor Fri, 12 Oct 2018 12:26:22 -0400
What If You Are Mistaken For A Thief?

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

  1. Do You Need An Attorney?

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

  1. Do You Have Evidence?

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

  1. How Long Does The Case Last?

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

  1. Be Calm

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

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

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Uncategorized https://www.lawresolution.com/blog/what-if-you-are-mistaken-for-a-thief/ https://www.lawresolution.com/blog/what-if-you-are-mistaken-for-a-thief/ Editor Fri, 05 Oct 2018 11:16:40 -0400