LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Mon, 29 Nov 2021 09:37:48 -0500 What does a vocational expert do at your Social Security Hearing? During the application process for social security disability benefits, you may find yourself overwhelmed. There are rules and regulations that will be wholly new to you, and sometimes there are people involved with roles and expertise that you might not understand. One such person is the vocational expert, or VE. They are present at many hearings held before the Social Security Administration (SSA) and an administrative law judge, especially in cases where benefits have been denied. They assist judges in making a decision about the claimant’s application and appeal. Becoming more informed about who they are and what they do is important since their testimony can affect the result of your social security application.

A vocational expert is a non-attorney expert witness at a SSA hearing who is trained to understand the labor market. They can review your work history and determine the skills and level of exertion required to perform the different types of jobs. They bring a wealth of knowledge from the field of vocational rehabilitation, and with that they know current market and occupational trends in local labor markets. Vocational experts use their knowledge in job counseling and job placement to decide what appropriate forms of employment exist for disabled workers, while retaining the knowledge of the SSA’s standard definition of disability.

They are expected to know the difference between unskilled labor (that which requires little to no training and can be learned in a short amount of time), semi-skilled labor (that which requires some skill, some attention to detail, and an expectation of repetitive manual tasks), and skilled labor (that which requires higher qualifications to perform the job correctly). They also need to understand the levels of exertion required by different jobs. This includes sedentary jobs like office jobs, light duty, medium duty, and heavy duty. The claimant’s work history will inform the vocational expert’s decision-making process, as to whether they have the ability to work at a certain skill and exertion level at some future point.

Vocational experts are paid by the SSA to be impartial in their opinions, so they will not necessarily advocate on your behalf like an attorney would. They are there for the purpose of providing an opinion about your ability to work -- either in your former area of employment, or if you can work in a new field. They are frequently present in cases where a denial of disability payments is being appealed and will provide answers to the administrative law judge’s questions about the claimant’s ability to work. If, hypothetically, the claimant is deemed unable to perform their former job, the vocational expert will offer an opinion as to whether they can perform work in a new field, or if they are unable to work at all. 

The proceedings follow a format where you will first testify about your work history and disability, then the vocational expert will testify, followed by the judge’s questions for the VE, and then your attorney’s cross-examination of the VE. As mentioned above, the judge will frame their questions as hypotheticals, as in “could an individual with this background, education, work history, and skill level perform this type of work?” If, for example, you are unable to work in a medium duty or heavy duty setting, the judge might ask about the possibility of a light duty or sedentary work setting, whereby the VE will offer their opinion. When the time comes for your attorney to cross examine the VE, they will point out additional limitations that the claimant may have to rule out these other possible fields of employment. Because all types of work require some level of physical activity, like bending or lifting, your attorney might be able to get the vocational expert to concede to your inability to do light duty work or work in a sedentary position.

Being informed about the roles and responsibilities of those involved in your social security hearing can empower you to get the most of your representation. Finding the right injury attorney who can offer reasonable suggestions and counter arguments to the vocational expert is essential to your success at your social security hearing.

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What are the benefits of LEI? The Legal Entity Identifier (LEI) is an identification code, similar to a barcode system, that is used to identify a specific legally independent entity that participates in a cash transaction across markets and countries. The LEI number terms are intended to be a cornerstone for financial data, as it is the first worldwide and distinct entity identifier that allows financial analysts and regulators to rapidly and precisely identify parties engaging in financial transactions.

Given the growing popularity of the LEI and its increasing number of benefits, such as streamlining and improving banking operations, you will almost certainly require an LEI in the not-too-distant future if you don't already have one. With that being said, let's look at some of the benefits of LEI.

Wide range of applications

The LEI is rapidly becoming the most essential identifier in the global banking sector as it is implemented globally. The LEI offers a wide range of applications, including increased transparency in financial markets, accounting, KYC procedures, client onboarding, etc

Makes identification easier

Organizations are expected to participate in the process and obtain their own LEI in order to maximize the benefits of entity identification throughout capital markets and beyond. It is simple to obtain an LEI. It provides tangible, long-term advantages to both the public and private sectors.

Enhanced visibility

Your global visibility and commercial credentials are instantly enhanced. Your critical data may be found in real-time by investors, customers, and future stakeholders. You can also benefit from the additional degree of protection that comes with knowing who you're working with.

Improves quality of financial data

The LEI is a useful tool for improving the quality and performance of financial data systems. It serves as global evidence of identity for a financial entity. It assists in meeting compliance standards and

streamlines the process of reporting transactions to trade archives.

Assists in evaluating liability

The Legal Entity Identifier will assist banks and financial intermediaries in evaluating the business borrowers' liability. It will make it impossible for banks to make several loans against the same asset. Any Local Operating Unit can provide LEI to a company or enlist the assistance of third-party service suppliers such as Registration Agents.

Maintains data security

The Legal Entity Identifier system has supplied a much-needed record of transactions all across the world in the realm of information and data. Not only has LEI enabled the creation of a transactional database, but it has also aided authorities in maintaining data security.

Assists in risk assessment

The financial meltdown highlighted the need for a global system to detect financial links so that authorities and private industry firms could gain a better understanding of the underlying nature of possible risks across the financial system.

The creation of the global LEI system is a tremendous accomplishment that addresses such weaknesses.

Uniform and accessible data

Uniform financial data aids regulators in better analyzing and monitoring the financial system's stability and dangers. Companies will also be able to improve systematic risk management and reduce expenses associated with data collection.

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Compensation For Psychological Injuries At Work Can an Employee Claim for Psychological Injury?

The Duty of Care your employer has to you and the other workers employed by them includes keeping you out of any undue risk and harm. The most obvious form of negligence in this area comes in the form of a physical injury, but this also applies to psychological injuries you sustain because of your employer or workplace.

As a result, sustaining a mental or psychological injury at work means you may be eligible for a workers’ compensation claim.

To be successful in your claim for compensation for a psychological injury, you must prove:

  1. The injury occurred out of your employment
  2. You are a worker within the definition in Queensland legislation
  3. The incident causing the injury was reasonably foreseeable to your employer
  4. Your employer failed to take reasonable steps to prevent the injury from occurring

Your claim may be rejected if your employer can prove the incident occurred through the course reasonable management action, taken in a reasonable way by your employer.

If your claim for compensation is rejected, there are several avenues available to appeal this decision. Strict time limitations do apply so it is important you speak with our expert team or workers compensation lawyers as soon as possible.

Psychological Injury Payouts in Queensland

Psychological injury payouts for workers’ compensation claims are calculated similarly to physical injuries for. The psychological injury payouts you receive in Queensland compensates you for the losses you have incurred as a result of the incident at work. These include:

  • Medical or specialist expenses (i.e. treatment, medication, aids)
  • Travel expenses to attend medical appointments and required treatment/rehabilitation
  • Loss of income, both past and future (i.e. superannuation, lost overtime, promotional opportunity, and loss of competitiveness in your industry)
  • Pain and suffering
  • Care and assistance

Causes of Psychological Injury to Workers

The psychological injury must be tied to your employer and/or one or more workplace incidents. The injury must have been a reasonably foreseeable incident causing you risk or harm because of negligence on of your employer to facilitate a claim.

Workplace Bullying & Harassment

Workplace harassment is a common cause for psychological injury, as workers no longer feel comfortable in the working environment that they are being placed in. Bullying, intimidation, or harassment can occur from co-workers or people in positions of power, but this is not always the case. It is still your employer’s responsibility to provide you with an environment free of undue psychological stress.

Overworking & Exhaustion

Shift workers working longer hours are prone to feeling overworked and mentally exhausted. This can contribute to psychological injuries such as depression and more. Also, this can arise because of changed working conditions where workers’ responsibilities have been changed. Some workers may end up having to contribute more to make up for missing or terminated employees, contributing to mental exhaustion.

Dangerous Working Conditions

Dangerous working conditions can cause anxiety and feelings of elevated alertness, where workers do not feel comfortable and safe in their daily working environment. Workers in higher-risk occupations may find themselves mentally suffering because of dangerous working conditions.

Job Insecurity

Often during times of economic instability, companies find themselves forced to restructure and lose workers to save on cost. The mental wellbeing of workers with an uncertain future can be tested in times like these!

Other Workplace Injuries

Your psychological injury could even be the result of another workplace injury which has negatively affected your mental health. You may be finding it difficult to adapt to not working or your new way of living, which is affecting your mental wellbeing.

If you’ve suffered a psychological injury at work, you may be able to claim workers’ compensation. At Sinnamon Lawyers, we are experts in workers compensation claims, car accident injury compensation and medical negligence. Contact WorkCover Helpline for a free claim assessment!

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Steps to Take After a Construction Accident and More

Construction accidents can be a very challenging time for anyone to go through. The thought of medical bills piling up, possible surgeries, and a loss of wages can be very stressful. Finding a proper law firm that handles construction accidents in New York City can be very beneficial in recovering damages for your injury. New York City has had an increase in demand for residential apartments and commercial properties for businesses. The demand has led to an increase in construction sites to build. With a large volume of pedestrians and vehicles, mixed with dangerous construction sites, this can be a recipe for disaster. Local pedestrians and construction workers are at greatest risk of an accident.

If you find yourself in an accident, it is important to take immediate steps in seeking medical attention, even if you feel that the injury wasn’t that bad. This is because it is possible the injury will not show early signs but will have a delayed reaction. Many times, an injury will increase adrenaline and that will mask the real pain of the injuries that were sustained. Taking any photos of the scene of the accident and having proof of the cause of the accident will be incredibly helpful. Make sure to collect any injury reports from your employer as well as a police report. If anyone saw the accident take place, try to get witness testimony from them to help better your chances at winning your case.

There are many legal regulations in place that are meant to keep workers safe. New York City construction accidents happen more often than we think. Cranes fail and injure pedestrians, scaffolding collapses, and workers fall while on the job site on a regular basis. Construction is reported as one of the most dangerous occupations that someone can have. Injuries can happen for many reasons, including unsafe equipment, defective materials, unsafe working conditions and dangerous work sites. You will be able to file a lawsuit against the property owner of the property, the general contractor, and manufacturers of a defective product. An injury of this sort can lead to a large compensation. You will be able to get compensation for medical bills, rehabilitation costs, pain and suffering, and future potential loss of wages. Construction workers make up nearly five percent of work-related injury fatalities. There is an idea that most construction accidents are preventable NY Labor Law 200 requires employers to provide safe work conditions for construction workers. It requires that places, shall be constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed of lawfully frequenting sites.

Labor Law 200 is also referred to as the scaffolding law. This discusses that workers who must perform job duties at an elevated height, need to have adequate fall protection. This law exists to protect workers from gravity-related risks, such as having to work on unsafe scaffolding or ladders and to prevent falls. It also discusses that workers must be protected from falling construction materials. Labor Law 241 requires that owners, contractors, ensure that workers are protected from exposure to safety hazards that can result in an injury. It describes safety requirements that must be met on construction sites, such as barriers around construction elevators and protection from tripping and slipping. According to the Bureau of Labor Statistics. 3.4 out of every 100 full time construction workers suffered an injury while on the job in 2015. In 2018, 746 accidents happened in New York that lead to 12 deaths. Hiring a top construction accident lawyer in New York City will be a vital piece to getting the compensation you deserve.

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What is the Chapter 7 Bankruptcy Means Test? Are you considering filing a Chapter 7 Bankruptcy but have heard that in order to qualify, you must pass a means test?  You do have to do the means test and a bankruptcy lawyer can do this for you over the phone or in our office. The means test takes your income, necessary expenses, and family size into account to determine whether you have enough disposable income to pay your debts.

The simplest way to pass the means test is if your household income falls below the median household income specific to your state and household size. The household income is calculated by looking at the entire household for the last six (6) full months. In Alabama, currently the median household income for a household of one is $49,798 per year. The median household income is published by the Census Bureau and updated at least every year. If your household income falls below the median household income then you have passed the means test.

If your household income does not fall below the median household income, then additional information is needed to pass the means test. The court will need to know information about any necessary expenses in the last six months. Necessary expenses include housing expenses, groceries, clothing, medical expenses, taxes, and vehicle payments.

Once these are deducted from your household income, we know what your disposable monthly income is. Your disposable monthly income determines whether or not you can file a Chapter 7 bankruptcy. If your disposable monthly income is too high you will have to file a chapter 13 bankruptcy and make payments to the court based on your disposable monthly income.

Additionally, if you can not pass the means test but have experienced a significant decrease in income due to a job loss or inability to work, the court may still allow you to file a Chapter 7 if your job loss was not intentional to be able to file a Chapter 7.

Sometimes your bankruptcy attorney in Prattville or wherever you live may advise that you hold off on filing for a couple of months for a bonus to fall off of your six months income or for your new decreased income to show so that you can pass the means test.

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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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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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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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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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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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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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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