LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Thu, 15 Apr 2021 19:49:42 -0400 5 Strategies to Win your Social Security Disability Hearing Though it may be hard to hear, those who told you that getting Social Security Disability benefits was difficult were understating the case. In fact, a large percentage of those who apply for these benefits are denied (45 percent of those applying for SSDI and 18 percent applying for SSI). To increase your chances of achieving a positive outcome, the most important step you can take is to engage the services of an experienced disability attorney. Studies have shown that having a lawyer with you doubles your chances of success.

Advantages a Social Security Disability Lawyer Can Provide

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

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

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

Strategies to Win Your Disability Hearing

An Ounce of Prevention

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

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

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

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

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

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

Provide Complete Medical Evidence

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

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

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

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

About The Author

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

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Types of Jail Release in Criminal Matters The Eighth Amendment is best known for its prohibition of cruel and unusual punishment. But this provision also guarantees reasonable bail in criminal cases. This guarantee is obviously important for personal reasons. Incarcerated people cannot provide for their families or spend time with them.

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

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

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

Pretrial Release

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

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

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

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

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

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

Presumptive Cash Bail

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

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

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

Bail Bonds

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

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

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

Bail Reduction Hearings and Minneapolis Criminal Defense Lawyers

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

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

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

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

About the Author

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

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

Your No-Fault Coverage

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

The Limitations of No-Fault Coverage

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

Bypassing No-Fault Coverage

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

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

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

Reach out to an Experienced Brooklyn Accident Lawyer Today

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

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Tips For Choosing A Lawyer

No matter how charmed a life you lead, there will probably come a time when you will need to hire a lawyer. Of course, all attorneys are not the same, and one attorney you have used in the past may not be suitable to use in your current situation. If you find it necessary to hire a lawyer, you’ll need to know what to look for in the attorney you need. Follow along as we have put together information on tips for choosing a lawyer and what type of lawyer to hire.

Choose the Right Type of Lawyer

Specialization is common in most industries, but attorneys take it to a new level. With many different types of law to practice, it makes sense for lawyers to practice one or two types during their careers. This specialization ensures they are experts in their respective fields after serving a specific amount of time practicing. Here are a few different practices lawyers specialize in:

  • Business Law
  • Criminal Law
  • Bankruptcy Law
  • Family Law
  • Environmental Law
  • Civil Rights Law

Of course, this is only a snippet of the many different types of practices out there for lawyers. Each of the listed categories will also have several specialties under them. For example, under criminal law, some lawyers only practice in defending DWIs or Murder cases.

The point to take away is that if you are looking to hire an attorney to represent you in a case, you’ll need to drill down and find what potential attorneys specialize in.

Experience

After you have chosen a list of attorneys for hire based on the types of law they practice, it is time for the interview process. You should interview lawyers as anyone else you would hire for providing a service.

One of the most important answers you need to get from prospective lawyers is their experience in dealing with cases like yours? Ask the lawyer to give you a couple of examples of cases he or she has represented and the outcome of the case.

Use Local Attorneys

When deciding what lawyer to hire, make sure they practice in the same court that will litigate your case. Lawyers who live and work in a single community will have a rapport with the employees of the local court. This familiarity allows them to understand the local court system’s nuances and know-how to serve you as a client better.

Communication

Will the lawyer you hire take pride in working on your case or is it just another client willing to pay money for their services. During the interview, take note if the lawyer is paying attention to the questions you have and fully answer those questions.

Most people can get a feel for others after a few moments of speaking back and forth. You’ll be counting on your new lawyer to handle sensitive information and decisions made by the court that may change your life. If at any time you do not feel comfortable, move on and interview another lawyer to handle your case.

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What Do You Do If Your Car Accident Wasn't Your Fault? Fleeing the accident should not be your option, as it is clearly against every state’s law. You should always be present in the scene and wait for the law enforcement team to intervene,

Remaining calm should be your utmost priority—no matter what the case is. The first and foremost action which you should take is recording. Do not trust your phone in the process, as several issues can cause the loss of data. Instead, grab a spare paper and write down the key points from your memory you remember from the incident, and every detail counts; thus, do not filter anything. Let’s dive into the immediate steps which you should take:

Call The Law Enforcement Immediately

You need to immediately jab 911 on your phone, as taking the police into account is beneficial for your record. Remember that a police report will, in essence, speed up the whole process of claiming insurance, if any. Bolster your case by taking the police into confidence, especially on the instance if you know it’s not your fault. Many times an accident occurs right in the middle of the road, interrupting the traffic. In all such scenarios, you should move the vehicles out of the flow. In disastrous situations, the cars can’t be driven. One should remain settled in the vehicle while turning on the hazard lights. Police should be ideally called if the damage is above $1000 or either party has incurred any injury—well, this again varies from state to state.

Car Accident Attorney Suggests Gathering Information

Next, aim to squeeze out as much information as you can from witnesses. Whenever any incident occurs, there are usually witnesses passing by. Do not ignore their potential as they can make or break the case. Instead of letting them go, get their contact information to support your claim. Apart from jotting down the information regarding witnesses, you should also write down the badge numbers of the officer who arrive at the accident scene, including the ambulance’s contact information.

Car Accident Attorney Suggests Recording The Scene

Many times, law enforcement simply does not show up, and even being sure of not guilty, you get charged. In such cases, take the assistance of photographs. Capturing videos will help, so click the accident scene, the environment, damages, injuries, and even the minute details—like license plates. Every car accident attorney suggests to collect as many important pieces as you can, as this will help solve the puzzling case. Additionally, such evidence is most likely needed by insurance companies, so consider their requirements. 

Follow Up

You might not know that an accident without injuries often gets unnoticed by enforcement teams. Thus, it becomes your responsibility to file a report on the Department of Motor Vehicles. You will have to go into the hassle alone of submitting all the documentation relating to the accident or you can hire a car accident attorney.

Take Medications

You should not ignore your health if you suffer from any kind of pain after the crash. Visiting your physician will help, ensuring injuries being tied to the accident. Many people use a post-accident pain journal for tracking medications.

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An unignorable number of patients leave hospitals with worsened health conditions and here is why In no circumstances, one’s wellbeing should be in second place. However, the reckless actions of others can sometimes make us struggle with adverse medical conditions. The importance of medical treatments is unignorable. However, negligence also exists in medical centres. These behaviours do not have to be intentional to harm someone. Due to many reasons, a patient receiving medical treatment can be harmed. The practitioner can be tired, the nurse can be sustaining emotional problems, or a simple procedure might be skipped for any reason. This is called medical negligence, and, under the laws, victims of similar treatment errors can make a compensation claim to recover this loss. Considering the patient’s medical situation before the treatment, the extent of the loss can be even tougher.

The human factor is among the main causes of treatment complications

A human can do mistakes. However, these mistakes can be deadlier whilst receiving treatment. Depending on the treatment, the victims can sustain permanent injuries such as spinal system malfunctions, major airway injuries, birth defects, cardiac diseases and even paralysis. It is good to keep in mind that medical literature is huge, and these mentioned above are just a small part of injuries that can be sustained after a medical error.

Medical accidents can arise almost in every treatment. From prescription to critical surgeries, there is always a chance to make a mistake. Even if the medical attendant does not make a mistake and performs the treatment just as it should be done, complications can still arise due to the natural risk of surgeries. However, this is a topic that should be examined in-depth. Because, as much as performing the treatment at acceptable standards, warning the patients of natural risks of the surgery is also the doctor’s duty. A standard person with no medical education is likely to be unaware of the natural risks involved in the treatment process. For this reason, even if the chances are very low, medical professionals at duty should warn the patient. Failing or delaying to inform the patient is a breach of duty of care.

Although the chances of experiencing medical malpractice are very low, odds may not be in your favour. On a similar occasion, you might need to be aware of your rights to decrease the negative impact of medical errors on your life.

Medical complications are more likely to occur than can be thought

Even using simple antidepressants can severely damage the brain of the patient. Supervision and prescription are another important duty that should be performed flawlessly. Prescription mistakes can be made at the beginning of the treatment process. Other than that, supervision is also important as over usage of these medications or using them for a long time can lead to painful results. Using medications more than it should be done can result in infertility, loss of senses in organs and brain injuries.

Medical errors can also occur in critical surgeries. Pressure on the patient’s body, mispositioning the patient during the surgery, blocking the patient’s airway and applying the operation in the wrong areas are some of the many reasons. Treatment processes sometimes aren’t limited to face-to-face procedures. As an example, pregnancy lasts long. Even after the delivery, the patient will need medical help to recover her pre-pregnancy form. The same duties also apply in these processes. The medical attendant should be certain that the necessary procedure is applied throughout the treatment.

In a nutshell, these accidents can occur and it is best to know your rights when they do. Hopefully, you will never experience the desperation while sustaining injuries after a medical error. But if you do, it would be a wise idea to spare some of your time to check a detailed medical negligence guide to understand your rights.

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Uncategorized https://www.lawresolution.com/blog/an-unignorable-number-of-patients-leave-hospitals-with-worsened-health-conditions-and-here-is-why/ https://www.lawresolution.com/blog/an-unignorable-number-of-patients-leave-hospitals-with-worsened-health-conditions-and-here-is-why/ Editor Tue, 09 Mar 2021 23:32:38 -0500
Don’t know what to do after an accident? Here are your rights and entitlements Personal injury laws in Australia cover accidents in traffic, in public and private properties; and during medical treatments or working. Although each occasion is examined regarding the Act in compliance with, some entitlements and criteria are common. It’s certain that the party at fault is liable for recovering the loss of the victim. However, the process isn’t as simple as it is described. The process can last for months. During the process, an in-depth investigation might be needed as the insurer or the court will need to examine many variables involved in the accident. Such as the victim’s failure to act responsibly for his/her own safety, the defendant's attitude, and both parties' duties and how these duties were breached. Although the victims generally do not owe a legal duty to others, they are still responsible to act reasonably to avoid major health conditions in case of an accident.

Motor vehicle accidents can get confusing due to a lack of knowledge

Every citizen in Australia should be certain that any unjustness and aggrievement will be fixed and relieved by means of laws designed specifically for each situation. If a victim of a motor vehicle accident believes that they are suffering from a loss due to someone else’s behaviour, the first step of pursuing rights can be started by talking with a lawyer. An accident in the traffic might cause many problems even if it’s a minor accident. Not being able to go to work, sustaining injuries and suffering pain can be quite frustrating for anyone involved in a similar accident. If you can’t work, you may lose your income, if you sustain injuries, you may not be eligible to work and if you are not in a good mental state, these problems can get harder to deal with. This is how a chain reaction can start after a car accident. It is a known fact that due to long-lasting injuries; mental problems can appear and the whole process can get even harder for the victim. Same for being unable to work. Loss of income can be dealt with in short term, however, more serious problems might be awaiting the victim. To prevent all these, laws give options to both parties to claim motor accident compensation through the third-party insurer.

In motor vehicle accidents, both parties can recover their loss by means of monetary compensation. The loss can be additional and unexpected expenses such as medical expenses after the accident; or physical loss for being unable to work, sustaining injuries and decreased capacity to perform daily tasks. Loss of the victim due to temporary and permanent physical disabilities can be compensable. This includes payments for medical expenses, emotional loss, loss of wages and permanent impairment. Although both parties may be eligible to claim compensation, the entitlements might differ. To understand your entitlements, both parties can take a glance at a detailed motor accidents guide.

Accidents in public places can occur regardless of place, time and occasion

These accidents can result from the victim’s own fault or from someone else’s negligent actions and behaviour. Even if the accident is a simple slip and fall accident, the outcome can be a lot more serious and devastating. The number of public liability claims filed each year for these accidents are quite shocking. Service providers throughout Australia commonly owe a legal duty to their visitors, clients, patients and customers. The duty is to provide their services whilst keeping their visitor’s health condition in a good state. Lack of acting responsibly can be risky and be the main reason for an accident. In this case, the victim can claim negligence compensation as the accident could have been prevented if care was taken by the service provider.

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Uncategorized https://www.lawresolution.com/blog/dont-know-what-to-do-after-an-accident-here-are-your-rights-and-entitlements/ https://www.lawresolution.com/blog/dont-know-what-to-do-after-an-accident-here-are-your-rights-and-entitlements/ Editor Tue, 09 Mar 2021 23:30:01 -0500
Photos Can Be Helpful in Slip and Fall Accident Cases Slip and fall accidents are often exceptionally frightening, painful, and dangerous accidents that can require protracted recoveries and considerable expense. When commercial property owners fail to live up to the duty of care they owe their customers, clients, and other invited guests, they increase the risk that slip and fall accidents will happen. If a property owner or manager’s negligence leaves you injured in a slip-and-fall accident, speak with an experienced Tampa slip and fall attorney today.

Your Slip and Fall Accident

People often chalk slipping and falling up to clumsiness or simply think of it as one of those things that simply happens as part of life. However, these accidents and the resulting injuries and losses are often preventable. If the property owner or manager’s negligence regarding maintaining reasonably safe premises is the cause of your accident, seeking the compensation to which you are entitled is critical to your ability to recover financially and move forward. As such, it’s important to bring your strongest claim in support of your best interests.

Taking Pictures at the Scene of the Accident

The fact is that slip and fall accident claims are often quite complicated, and it can come down to your word against the property owner’s. However, if you obtain pictures and/or videos depicting the accident scene, it can go a long way toward supporting your claim and toward procuring your just compensation.

An important note to make is that if you can’t take the pictures yourself, you can enlist a companion or bystander to do so on your behalf. Even if you’re too seriously injured to participate at all, it’s very likely – in the era of instant accessibility to smartphone cameras – that someone can take care of the photos for you.

The Important Role Photos Can Play

Your slip and fall case hinges on your ability to demonstrate that the property owner or manager failed to maintain the premises in the reasonably safe condition necessary to accommodate your safety. Often, proving this comes down to capturing the slipping hazard in question in photos.

Because a picture says a thousand words, having pictures to back up your claim can mean the difference between obtaining just compensation and not doing so. Common causes of slip and falls that can be easily captured in photos and videos include:

  • Inadequate lighting
  • Spills that go unattended and without adequate warnings
  • Poorly maintained floor coverings, including rips, tears, holes, bunching, and other signs of wear
  • Uneven, cracked, or buckled walkways
  • Freshly mopped floors without warning signs
  • Overly polished floors
  • Debris-strewn walkways
  • Obstacles that infringe upon walkways
  • Poorly designed, erected, or maintained staircases

Consult with a Dedicated Tampa Slip and Fall Attorney Today

The Tampa slip and fall attorneys at Tragos, Sartes & Tragos are committed to helping you procure all the available evidence – including photographic evidence – necessary to help bring your strongest claim. Your case is far too important to leave to chance – or to the at-fault party’s insurance company’s discretion. We’re on your side, so please don’t hesitate to contact us online or call us at 813-223-6405 for more information today.

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What Does a Personal Injury Claim Cover? If someone else’s negligence leaves you injured, you may face a difficult path toward physical and mental recovery. It’s important, however, to pursue the compensation to which you are entitled to help ensure that you are able to regain your health and well-being to the best of your ability. If you’ve been injured in an accident that was caused by someone else’s negligence, don’t put off consulting with an experienced Tampa personal injury attorney.

The Damages You’ve Incurred

The injuries you’ve sustained may be considerable and should be fully addressed in your personal injury claim. Claims can cover the following and more, given the circumstances:

  • Medical Costs – A serious injury can lead to extensive medical costs and may result in ongoing medical needs and even secondary health concerns. In other words, it’s important to represent your complete range of medical costs (including those that are predicted into the future) in your personal injury claim.
  • Lost Wages – While you recover from the injuries you’ve sustained, you’re likely to lose hours on the job and experience lost wages as a result. If your injuries are long-lasting or quite serious, you could be looking at a decrease in your earning power into the future.
  • Pain and Suffering – The physical and emotional pain and suffering that is often associated with being injured as a result of someone else’s negligence can be overwhelming. In fact, these non-economic damages can be even more difficult to surmount than the economic damages you face.

Your personal injury claim can – and should – address both your economic and non-economic damages in order to help provide you with the best opportunity to fully heal.

Seeking Just Compensation

Recovering from the physical injuries you’ve sustained can be daunting at best, which makes seeking just compensation imperative.

Your Medical Expenses

Your medical expenses alone can include all of the following:

  • Emergency care at and transportation from the scene of the accident
  • Surgery and surgical follow-up
  • Hospitalization
  • Treatment and care from doctors and specialists
  • Physical therapy
  • Rehabilitation
  • Home health care
  • Adaptations to your home and adaptive physical devices
  • Acupuncture, chiropractic care, and/or other forms of pain management
  • Drug prescriptions

Your Lost Earnings

Being off the job while you heal can be difficult and costly, but things become that much more difficult if you’re not able to continue on the career path you’ve carved out for yourself due to the injuries you’ve sustained. Because many of us find our careers extremely rewarding and enriching, this can amount to both financial and emotional damage.

Your Physical and Emotional Pain and Suffering

The physical pain that often accompanies being injured by someone else’s negligence can be exceptionally difficult to deal with, but the emotional component can be just as damaging.

Seek the Professional Legal Counsel of an Experienced Tampa Personal Injury Attorney Today

The seasoned Tampa personal injury attorneys at Tragos, Sartes & Tragos dedicate their practice to helping clients like you obtain compensation that covers their physical, financial, and emotional damages in their entirety. To learn more about how we can help you, please don’t hesitate to contact us online or call us at 813-223-6405 today.

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What is the Role of the Company (and Counsel) when Owners Go Through a Dispute? There are times when the owners of a company, especially LLCs or closely held companies, litigate over who should control the company.  When that happens, what is the company supposed to do? Does it play any role in that dispute? Does the majority owner get to use company counsel or other company resources going through this dispute?

Naming the Company as a Co-Defendant

There are times that the company is named as a nominal defendant.  However, the plaintiff owner will run the risk that the defendant owner will be bolstered in believing that the company's resources can be used (if not in total, in a large part) as they are defending the company and that the defendant owner can piggyback off of that defense. 

Remedies After the Fact

There are some remedies that each party may be able to get after the fact if the other side has had access to counsel at a substantially reduced cost.  Courts may be able to provide some fiscal relief in the form of post litigation fees.  However, this remedy is not helpful in many cases as the other side was able, during the full brunt of the litigation, to utilize counsel at a substantially reduced rate and accordingly had more funds available for other purposes.

In re Murrin - Texas Litgation

This exact scenario arose in Texas litigation, In re Murrin Brothers 1885, Ltd., 603 SW3d 53 (Tex 2019).  This case arose in the Texas Supreme Court as the plaintiffs moved to disqualify defendants' counsel in the matter.  The dispute, which wasn't decided at the time by the lower court, was among six controlling owners and twelve minority owners in an LLC. The controlling owners fired the president of the LLC and the president claimed that unanimous vote was required to fire him (and his supporting team). The minority sued both the company and the majority and the majority retained counsel that previously represented the company.  Further, the majority utilized company resources to fund the litigation.

The court did not rule on the issue of the majority utilizing company resouces to fund the litigation.  The court stated that any inequity that was brought about by one side using the company's resouces could be fixed later as adequate remedies still exist for subsequent recovery of legal fees.

Conclusion

Although remedies may exist after the fact for the payment of litigation costs by one party, that may not help enough to balance the existing inequity.  Counsel needs to carefully determine whether adding the company as a defendant is enough to run the risk of the other party being able to use company resources and counsel during the litigation.  See more at https://kcbusinesslawgroup.com/

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The Different Areas of Law& Reasons to Hire a Lawyer Law plays a significant role in our day-to-day lives, and the world would be incomplete without rules and regulations. Whether running a business, filing a divorce, or seeking tax minimization, legal issues pop up each day. 

Luckily, there are different types of lawyers, and all specialize in specific fields. For instance, baylegal.com offers various legal services for both individuals and entrepreneurs. The lawyers will guide on financial issues, wealth building, and more. Nevertheless, engaging a lawyer in legal matters comes with numerous perks.

What are the different types of legal services provided by lawyers?

  1. Business law

Business law covers a wide range of issues on business operations. It mostly involves new business launches, new branches, subsidiaries, and business partnerships. Most corporations hire personal attorneys to handle all legal matters in the company. The services offered also include advice-giving on legal issues.

  1. Family law

This service deals with matters relating to family relationships. Often, families go through disagreements, hence the need for an attorney to help resolve the issues. These may include things like divorce, property sharing, child custody, and more.

How will a family lawyer help? The professional will help you understand your legal rights and the expected outcomes of a lawsuit. They will also suggest the type of documents and information required to support your statements. What’s more? The attorney will plan for the next course of action and negotiate with the other party on your behalf.

  1. Criminal law

Individuals facing criminal charges can hire an attorney to defend them in court. The common types of crimes are

  • Physical assault
  • Abduction
  • Manslaughter
  • Robbery& Theft
  • Murder
  • DUI
  • Embezzlement
  • Lying under an oath

If faced with the crimes mentioned above, only a skilled criminal defense lawyer can help you out. The roles of a criminal lawyer include informing you and your family members of your rights. The attorney will also request a temporary release through bail. Moreover, he or she will counsel you on the different tactics employed to defend your case.

What’s more? A criminal lawyer negotiates with the prosecutor to drop or reduce your charges depending on the type of crime committed. They will fight for your rights and interest, which ensures a fair trial.

  1. Personal injury law

Car crashes are common scenes and result in injuries or fatalities. Slips and other work-related accidents are also worth mentioning. If you suffer injuries in an accident or the office, you can hire a personal injury lawyer to help you out. In most cases, compensation can bring about disputes between workers and the employer, and a lawyer will help.

Personal injury lawyers can also help during out-of-court negotiations and ensure that both parties get the deserved justice. After a road accident, the party at fault may refuse to take responsibility, and a lawyer will come in handy. They help negotiate the right settlement for your damages

  1. Banking& Finance law

Banking and finance law involves the regulation of financial products and loan transactions. A finance lawyer performs various roles, including advising banks and companies on working across multiple jurisdictions.

  1. Clinical negligence law

Medical malpractice is a common occurrence that poses various health risks to victims. The cases involving medical malpractice are challenging and require an experienced lawyer.

The main types of clinical negligence are;

  • Missed, delayed, or incorrect diagnoses
  • Birth injury cases
  • Wrong prescriptions
  • Surgical errors
  1. Gaming law

Gaming law regulates the gaming and gambling industry. Nowadays, there’re many casinos, and players deposit money to play their favorite games. You can win or lose while playing in a casino. Some terms and conditions govern fairness during gambling sites. An aggrieved party can hire a gaming lawyer to help resolve disputes in case of loss of winnings or other types of violation.

  1. Employment law

Employment law revolves around everything that we do in the course of our day-to-day jobs. This type of law regulates the relationship between employers and employees. It sets out the rights and obligations of both parties and resolves any associated disputes. Employment law also governs pensions and employee benefits. 

That’s not all! Employment law prevents discrimination, bullying in workplaces, and power imbalances. It also promotes safety practices and good health among employees. Employment law safeguards the rights of workers and their entitlements.

The role of an employment attorney is to advise companies and institutions against the claims. He or she also explores HR policies focusing on different elements of employment. The experts also fight for the rights of employees to discourage discrimination and victimization.

Under the mentioned categories, the primary services offered by lawyers include;

  • Consultation for legal information
  • Gathering evidence
  • Reviewing documents like leases, wills, agreements, and more
  • Preparing documents& handling all the paperwork
  • Mediation with third parties
  • Court representation during negotiations, arbitration, and legislative hearings

Why engage a lawyer in legal issues?

The best person to run to when facing legal issues is a lawyer. These are professionals with the right knowledge and skills to handle your case. Lawyers undergo rigorous training and know how to go about various legal matters. 

Moreover, a lawyer will help gather the necessary evidence for a favorable court outcome. He or she will advise you on the best legal procedures. What's more? The professional will help you understand the legal implications of your actions if you decide to file a lawsuit. The attorney will also guide you through the process and help you get any other necessary documents for your case. 

No matter the type of legal case, the lawyer will inform you of other options to consider before going to court. These may involve out-of-court negotiations in cases of divorce, medical malpractice, or personal injury cases.

Compensation negotiation is also a role worth mentioning. If you endure injuries from a car accident or work-related accident, the attorney will negotiate with your employer or the insurance company in court. They know the right settlement amount for such claims. And will help you get what’s due to you.

A quick wrap up

There are different areas of law and various categories of lawyers. If dealing with a legal issue, hire the right expertise for your case. To get the best lawyer, consider aspects like years of experience, licensing, and the cases handled. Also, seek recommendations and referrals from friends, and pick the most suitable person for your case.

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Uncategorized https://www.lawresolution.com/blog/the-different-areas-of-law-reasons-to-hire-a-lawyer/ https://www.lawresolution.com/blog/the-different-areas-of-law-reasons-to-hire-a-lawyer/ Editor Wed, 03 Mar 2021 22:32:23 -0500
Hiring A Criminal Attorney? Ask These 5 Most Important Question Time is the essence when you immediately require a criminal defense lawyer. Every case differs from each other and the criminal attorney may need some time to gather up some information in order to prepare for the court proceedings. While an individual is in need of legal help, one should make sure that they question the lawyer fully before finalizing and hiring them. Hiring a criminal attorney may seem to be easy but it is not a piece of cake. Many people hire them without proper interrogation and communication and end up regretting in the end. If you for any reason we're looking for a criminal attorney then you have landed on the right page. This article will guide you through the five most important questions that you shall ask before hiring a criminal attorney.

How Much Experience Does Criminal Attorney Have?

Experience plays a vital role in finalizing the criminal defense lawyer. It is of no shock that the first thing that a client sees in his lawyer is his past experience along with his educational background. One should definitely interrogate the criminal attorney about his past proven work and should make sure that he has solved a similar case as yours. One should also ask them about their specialty and the type of case they have command over.

Who Will Be Handling The Case?

In many cases, it has been seen that a large company often comprises of paralegals and other legal associates which often eases the job of the main criminal attorney. Working and communicating with a large team increases the points of contact as well as also leads to lower fees. Though it also comes with one main disadvantage as well. Working with more than an attorney can lead to miscommunication and misunderstanding. This is the reason why it is suggested to work directly with a criminal attorney.

Evaluation And Assessment Of Your Case?

Most of the lawyers offer a free consultation regarding your case. It is advised and recommended to take full advantage of this point as it eases and helps to make your decision. One should definitely ask about the assessment of their case. Moreover one should definitely discuss the plea bargain and about going to trial as well. Besides this, one can also ask about the potential issues regarding their case as well.

Fee Structure Of Criminal Attorney

Many people just don't enquire about the fee structure and start getting along and end up regretting in the end. It is very much important to ask criminal attorneys their fee structure. Moreover one should also clarify whether they charge giving consulting advice or not. There are many lawyers who give a free consultation over the phone while others charge and bill you let minute. It is always better to ask a fee structure beforehand to avoid confusion in the end.

How Often Do The Cases Go To Trial?

There are many criminal attorneys’ that prefer plea bargains instead of showing themselves at trials. If this is the case then surely your lawyer won't be having much experience at trial. Every case is different and cannot be dealt with the same way. Not every case is meant for plea bargain but some do require to go to a trial. This is the reason why a person should definitely clear things about going to the trial before hiring them.

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Consequences of Hiding Assets in Bankruptcy If you feel that your debts are sinking you deeper and deeper and that it's becoming increasingly difficult to pay your bills, then you may need to start looking for alternatives to regain control of your finances. A legal option that can help you get rid of your debts and get a fresh financial start, as incredible as it may seem, is bankruptcy.

Contrary to popular belief, bankruptcy won't be the thing that destroys your financial future. On the contrary, this legal process can help you get the financial re-start you need to rebuild your finances from the ground up.

In short, the bankruptcy process will eliminate most of your unsecured debt, such as medical bills, personal loans, credit, etc.; to help you regain control of your financial affairs.

However, you should keep in mind that bankruptcy is a transparent procedure. You will have to disclose your financial status in detail on the bankruptcy forms, in exchange for your debts being discharged. That includes all your income sources and all the assets you own.

Therefore, failure to fully disclose your financial situation, or hiding certain assets from the process, may be considered bankruptcy fraud. This is a serious accusation, which can have terrible repercussions in your life, such as having your bankruptcy process blocked, or even facing criminal charges.

In light of this reality, you should work with a Los Angeles bankruptcy attorney before proceeding with your filing. Furthermore, you must make sure that you work with a legal professional that you can trust, and KT Bankruptcy Lawyer can be an excellent option.  This law firm focuses on helping their clients get a fresh financial start through bankruptcy, and they have a remarkable track record of success that shows their commitment and dedication. If you would like to learn more about KT Bankruptcy Lawyer, visit their website and contact them for a free consultation.

How do people hide assets?

Some people try to hide their assets in many ways. What they don't know is that trustees know every single method. Here are some examples:

  •   Lying directly about owning certain assets.
  •   Transferring assets to another person just before proceeding with the declaration without justification.
  •   Altering documents to make certain assets appear valueless.
  •   Making mistakes during the bankruptcy filing due to their lack of knowledge of the process.

What are the consequences?

The consequences of hiding assets during the bankruptcy process could be very serious. If the trustee finds out that you are committing bankruptcy fraud, this is what can happen:

  •   Your debts will NOT be discharged: If the bankruptcy court determines that you have been hiding assets, you will lose the opportunity to have your debts discharged.
  •   Your discharge may be revoked: On the other hand, if you are found to have been hiding assets after your debts were discharged, the trustee may ask the court to reverse your discharge completely.
  •   Your debts won't be discharged, not even in another bankruptcy: If your discharge was revoked or denied, all debts listed in your bankruptcy will not be dischargeable in any subsequent bankruptcy proceeding.

Criminal Charges: Bankruptcy fraud can have significant criminal consequences. You could face a fine of up to $250,000 or up to twenty years in prison.

What if is an honest mistake?

If you fail to disclose an asset due to a mistake, you may have a chance to redeem yourself before it's too late. After you realize the error, make sure you send in the papers required by the court to disclose the asset.

In these situations, the court may not immediately revoke your filing because you didn't act with the intent to commit fraud, harm, or hinder the process. However, don't be too confident. If you don't rectify the error in time, you will suffer the consequences.

At the end of the day, the wisest course of action is not to take unnecessary risks and to work with an attorney from the very beginning. If you want to talk with a Los Angeles bankruptcy attorney you can trust, contact KT Bankruptcy lawyer for a free consultation, you won't regret it.

The law can be simple, just visit Legal Facts

If you are looking for simplified information on the law, which allows you to learn everything you need to know in a matter of minutes, you should visit Legalfacts.org. Here you will find easy articles on all kinds of legal topics. And that's not all, you can also connect with lawyers near you who can help you with everything you need.

If you are a lawyer, legal lead generation services can help you grow your business like never before. Click here to learn more.

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Premises Liability and Toxic Chemical Fumes An accident is an unplanned event that sometimes has inconvenient or undesirable consequences, unexpectedly and unintentionally, typically resulting in damage or injury.

Most personal injury cases are because of negligence and premises liability cases.

But how do you know who is liable or at stake of an accident?

The Court may find that you are liable if someone is injured on your property. This is even if the person who is injured was a tradesperson that you were paying to carry out work on your property.

Let's figure out what are the things you should know when an accident happens on your property.

What is a premises liability case?

A Premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity's property. Failure to keep the property safe for visitors results in "premises liability." 

Here are the frequent situations that may give rise to premises liability lawsuits.

  • Animal and Dog Bites
  • Slip and Fall Accidents
  • Swimming Pool Injury
  • Children on Property
  • Retail Store Liability
  • Restaurant Liability
  • Chemical Production Area
  • Inadequate Maintenance
  • Dangerous Property
  • Negligent or Inadequate Security

Different states follow different rules about who may recover for premises liability and under which conditions.

Types of Premises Liability Cases

There are different types of personal injury cases can be classified as premises liability cases. 

slip and fall cases

Thousands of people are injured each year by slips and fall incidents. Whether they slip or trip and fall on a wet floor, defective stairs, or a rough patch of ground. Sometimes the property owner is responsible for the accident, and sometimes he or she is not.

The first thing to consider is if it is usual to fall on or drip onto a floor and become uneven. For example, drainage grates are in the ground for a useful purpose. The property owner will not be responsible for someone slipping or tripping on it. People should expect to find or should see and avoid objects beforehand. We all must watch where we're going. However, property owners do need to be careful in keeping up their property. 

Snow and ice accidents

During winter, a property owner needs to keep the snow shoveled and salt on the ice to prevent injuries. Unfortunately, property owners do not follow safety precautions. If the property owner has put his or her visitors at risk, they may be liable for the accident. 

Inadequate maintenance of the premises

Dangerous property conditions are the result of a failure to maintain the property in good condition. All property owners should keep their properties and make reasonable repairs to avoid injuries to visitors to the property. An injured visitor, tenant, or unit owner may be able to sue for compensatory damages, both economic and non-economic.

Economic damages may include medical expenses, out-of-pocket expenses, and lost income. 

Non-economic damages may include mental anguish and pain and suffering. 

Property owners sometimes divert liability to a third party. For example, a property owner may try to blame a security company they hired but failed to prevent criminal activities in the property.

Defective conditions on the premises

Hazards on the property can cause a person to suffer critical injuries if he trips, slips, or falls. Some examples of a defective property condition are:

  • Improperly constructed staircases.
  • Loose or broken steps or handrails on stairs.
  • Collapsed floors or uneven pavements.
  • Other conditions that can pose a danger to children.

The property owner also will check if neglect is not in the defective condition of the property. Especially accidents involving children. Parents must prove to the Court that they do their duty of care as guardians during the incident.

Elevator and escalator accidents

Many of us rely on elevators and escalators in office buildings, malls, and other large buildings to conveniently travel from floor to floor. There will always be a little worry about the safety of riding on an escalator or elevator. 

There are several issues why escalators and elevators malfunction or break. These are the usual problems leading to elevator and escalator accidents:

  • Design flaws
  • Overcrowding or overloading
  • Doors opening or closing at the wrong time
  • Clothing or limbs getting caught between moving parts
  • Elevator collapse
  • Other electrical or mechanical malfunctions

When an establishment failed to address an elevator or escalator malfunction, they may be held responsible for any accidents. Also, the designer or the manufacturer of the said escalator or elevator. Besides, following cautions and guidelines in riding the escalator and elevator may reduce accidents.

Animal bites

Owners have a legal responsibility to prevent their pets from injuring people or damaging property. So when a dog hurts someone, the owner will usually have to reimburse the victim for medical expenses, time lost from work, and pain and suffering. An owner may not be liable if the victim provokes the animal to attack.

Swimming pool accidents

Swimming pools pose several risks to individuals. Some of the most common hazards and possible injuries include:

  • Drowning
  • Failure to follow safety Regulations
  • slips and falls
  • Defective pool drains

A variety of severe injuries, worst death are cases that victims may suffer. The property owner is responsible for taking reasonable steps to secure the property or sometimes to remove dangerous property features. 

Amusement park accidents

The crucial cause for accidents at amusement parks is park liability, rather than personal liability. Even if a rider was not riding correctly, it is likely because the attendant was not properly supervising the situation. There are many standards that parks must adhere to strictly. When they do not, they incur safety violations, fines, and possible criminal liability. Usually, Amusement park accidents were caused by the negligence of the guest or by natural causes. However, many of them are the negligence of the ride operators or maintenance crews.

Fires

Property owners are responsible for taking reasonable measures to prevent fires from breaking out on their premises. Property owners can be liable for fires when they start as a result of their negligence. So, for instance, an electrical failure causing a fire to start. The property owner should have been aware and fixed the electrical failure beforehand.

Water leaks or flooding

Water leaks are the same instance of fire. Landlords should have figured out or fixed leaks before damaging the tenants.

Toxic fumes or chemicals

Toxic substances can give rise to wide-ranging injuries. Toxic chemical exposure, whether in schools, laboratories, homes, or workplaces, poses a critical threat to human health and well-being. Local governments must take steps to reduce the risk of human exposure to toxic chemicals. A Premise liability attorney will handle every aspect of your chemical exposure claim with the help of the affected community.

Premise liability case and Lawsuits in 2020 related to toxic fumes or chemicals

EPA and Electrolux Reach Settlement for Illegal Imports of Air Filter Products Incorporating Nanosilver

The U.S. EPA has entered a settlement agreement with Electrolux Home Products, Inc. (Electrolux) to resolve liabilities under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As part of the agreement, memorialized in a Consent Agreement and Final Order (CAFO), Electrolux will pay a civil penalty of $6,991,400. 

Churchill Downs Louisiana Horseracing Company, LLC, Clean Water Act Settlement

On September 9, 2020, the U.S. Environmental Protection Agency and the Department of Justice announced a settlement with the Churchill Downs Louisiana Horseracing Company LLC that will resolve years of Clean Water Act (CWA) violations at its New Orleans racetrack. Under the settlement, Fair Grounds will eliminate unauthorized discharges of manure, urine, and process wastewater through operational changes and construction projects at an estimated cost of $5,600,000. 

Gulf Oil Limited Partnership Clean Air Act Settlement

The Gulf Oil Limited Partnership (Gulf) has agreed to pay a civil penalty of $2,400,000 and retire approximately 453 million ppm-gallons of sulfur credits to resolve alleged violations of the Clean Air Act. The stemming from its production of gasoline that did not meet fuel standards and its failure to comply with defined reporting requirements.

Premises Liability Insurance

Having proper business insurance gives you the peace of mind to focus on building your business instead of worrying about what might happen. 

Premises Liability Insurance helps you to protect your business from claims of injury, property damage and negligence related to your business activities. 

What does this mean for me?

People at risk and placed in a complicated situation should not hold back and ask for help from a Premises liability lawyer. It is not about the compensation benefits you might get but the safety and life that are at stake. All business owners have their Insurances that will help you to get what you deserve to compensate for the danger or injury you suffered. It is your right to claim in exchange for the inconvenience caused by the injury.

There are a lot of skilled and experienced Premises Liability Attorney that you may ask about Premises liability. They will ensure that you will receive the help and support you need.

To sum up

You cannot tell when an accident will strike. Preparing for what may come is better than taking action on the spot. Premises Liability is protection for the victim of negligence.

Often one who gets injured during an accident is usually the victim. It's a matter of us being precautious and following safety standards to avoid accidents or even death.

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Few Reasons You Need A Highly Skilled Family Lawyer At some point in your life, you really question yourself whether you need a family lawyer or not. The answer is definitely a big yes. Many people realize this fact earlier but some of them realize this when they are already in a big mess. Every day around the globe there is an increase in a spike in the legal issues that are most related to children, property, or relationships. Not all these cases reach the courtroom but you have every right to represent yourself in the court and fight for justice. Many people opt for themselves as their lawyer but representing yourself as a lawyer is not as easy as it sounds. It requires lots of legal knowledge as well as assurance. This is the reason it is suggested to hire a skilled family lawyer. If you are new to this matter and don’t know much about it then there is nothing to worry about as this article has got you covered. This article will guide you through a few reasons you need a highly skilled family lawyer.

Knowledge Of The Law

One of the main reasons for hiring a family lawyer is due to the fact that they have a vast knowledge of the law. Moreover, they also know various loopholes which can make a vital impact on the case and its result. Without proper guidance and legal advice, you may easily fail to understand the facts of your case which would lead to you misrepresenting the whole scenario.

Knowledge Of The Judicial System

Besides having the proper knowledge of the law, they also have knowledge of the judicial system. In every different part of the world, there are separate legislation and procedures. You may learn the laws about your areas but is important to know the laws that govern other areas too. This is the reason why you need a highly skilled family lawyer. He would make sure that all the necessary paperwork is presented accordingly.

Alternative Dispute Resolution

It is of no surprise that an experienced family lawyer would try his level best to resolve the alternative dispute through a process such as informal settlements or mediation. This will save you a lot of time, emotional energy, and obviously money. An experienced lawyer would always understand the client’s economic status and would provide assistance accordingly. He would also help to maintain the cash flow in many other circumstances such as by not initiating court proceedings unnecessarily which will in the end save you time.

Family Lawyer Provides Emotional Support

It is not an easy task to be involved in a case and things can turn out to be worse if it is a case that revolves around a relationship. It can be a child custody case, divorce, or even property settlement. It is normal to lose your cool and get emotional at this time. If one hires a professional family lawyer, then he will make sure that he would provide emotional help too along with legal advice. This leads to your moral being boosted in difficult times.

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5 Ways to Make a Strong Car Accident Claim Car accidents are the most common mishaps that occur in our daily lives. They claim millions of lives each year and mostly result from negligence. If you have been involved in a car accident, it's advisable to hire professionals like the lawyers at Ladah Law FirmThe car accident attorneys will help you in the legal process and ensure that you get compensation for the damages.

  1. Get a medical report.

A medical report is the first thing that you need after a car accident. Consult your doctor for medical attention for your injuries. The physician will treat you and give a detailed report on all the injuries incurred. The medical report acts as proof of the injuries resulting from the car accident. It determines the amount of compensation that you get from the lawsuit.

  1. Report to the police

Inform the police about the car accident and consider a police station nearer to the accident scene. Acquire a police report, which will act as proof of the accident too. To make a stronger case, you must prove that the accident happened due to the other party's negligence. Collect the following information from the accident scene;

  • The contacts of the involved party
  • Details of the car-type, color, and number plate
  • Area of accident
  • Photographs of the accident scene
  • The insurance firm/ Policy number of the other party
  • Witnesses-their names and contact information
  1. Inform your insurance company

 Speak to your insurance agent immediately. This is critical in case of any disputes that may occur after the car accident. Besides, insurance firms may sometimes reject coverage based on the policy contract provision.

  1. Engage an accident attorney

Car accident victims with legal representation are likely to get the best settlement. Engage a lawyer in your case; they will help you file a lawsuit, represent you in court, and argue your case for a reasonable settlement. The attorney will gather all the necessary evidence, put the paperwork in place for a strong court case. The attorney will handle all the complex processes, which gives you ample time to recover from injuries incurred.

How can I get the best legal counsel for my case? Conduct an online search, and you'll get many lawyers near you. You can also get referrals and recommendations from friends and loved ones. Have a list of all the lawyers, and interview them to pick the most relevant expertise or your case.

  1. Maintain proper records

 Keep all the paperwork in order, and give copies to your lawyer. Keep all the medical bills, car repair bills in your record. Moreover, keep a list of days when you were absent from work due to the injuries. Also, note down the days you didn't receive your payment due to being absent from work.

The bottom line

Filing a car accident claim is easier if you engage an experienced attorney. For excellent results, hire a licensed lawyer with vast experience and years of expertise. An attorney who has handled similar cases in the past will help you get the most suitable settlement for your damages.

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Uncategorized https://www.lawresolution.com/blog/5-ways-to-make-a-strong-car-accident-claim/ https://www.lawresolution.com/blog/5-ways-to-make-a-strong-car-accident-claim/ Editor Mon, 14 Dec 2020 23:03:01 -0500
Divorce Procedure in USA Depending on the reason for the divorce, there are different divorce proceedings in USA. Although the process of a mutual divorce is similar to that of a contentious divorce, it has some significant differences. A particularly quick divorce is a uncontested divorce, as both spouses agree. If there is a valid marriage contract, a divorce is straightforward.

In the case of a disputed divorce, however, a large number of aspects must be clarified in advance, whereby individual court proceedings, extensive formalities and various deadlines can greatly extend the process of a divorce.

How long does the divorce take in court? How much does a friendly divorce cost? How much does a contested divorce cost and how quickly does an uncontested divorce go? What is the process of a divorce with children?

If you are looking for tips and hints for the process of a contentious divorce or the process of an uncontested divorce, we recommend that you read the respective focus articles.

The most important things about a divorce:

  • If you want to file for divorce, you have to file an application for divorce with the competent court.
  • The process of a divorce depends on many different factors and follow-up processes (spousal support, profit compensation, separation of property, custody, child support).
  • A contentious divorce is more complex than a friendly divorce.
  • The process of the divorce can be shortened by mutual agreement of the spouses. The cost of divorce is also lower.
  • Mediation is a cheaper alternative that can also speed up the divorce process.

Duration and process of a friendly divorce?

As already mentioned, the uncontested divorce is a particularly quick divorce in USA. But how long is the duration and the process of a uncontested divorce in USA? In contrast to the disputed divorce in USA, there are no follow-up proceedings, which shortens the divorce proceedings considerably.

In a divorce agreement, all points relating to child and spouse maintenance, asset allocation and custody can be clarified.

The duration and the process of a mutual divorce are influenced by the following factors in USA:

  • Agreement of the spouses
  • Completeness of the required documents
  • Operation of district courts, lawyers and judges

In the case of a uncontested divorce, a divorce consequences agreement or a divorce settlement is concluded. If disputes arise during a uncontested divorce, which in turn must be resolved in separate proceedings and in the context of a contentious divorce, the divorce can take several years.

Divorce expiry of separation year

Compliance with a year of separation is not required when dealing with a divorce in USA. There, the year of separation is part of the handling of a divorce and is mandatory. In USA, a marriage has to be broken for at least 6 months before it can be divorced. However, no court can really determine precisely since when the marriage broke down.

Requirements for a contentious divorce

In order to ultimately get a divorce, however, there must be 3 prerequisites for a divorce:

  • There must be a reason for divorce
  • The marriage must be irreversibly broken.

Because of the reason for the divorce, the spiritual, emotional and physical community of the spouses must be so shattered that the marriage cannot continue. There is also a breakdown if the spouses live apart for a long time.

  • There must be a fault. The reasons for the divorce must have been committed culpably, that is, again, intentionally or at least negligently.

If the claimant wishes to file for divorce, at least one of the following grounds for divorce must exist:

  • Adversary behavior
  • Adultery
  • Severe or repeated light abuse
  • Quarreling and hysteria
  • Neglect of housekeeping
  • Breach of maintenance obligation
  • Malicious leaving

Do you need detailed information about reasons for divorce in USA? Then you should definitely read our article on the topic.

The application for divorce in the case of an uncontested divorce

An amicable divorce is settled in non-dispute proceedings. The divorce contract in the case of a uncontested divorce must be applied for by both spouses together. In addition, the marital union of the two spouses must have been dissolved for at least six months so that the marriage is regarded as broken.

However, no spatial separation is necessary for this, i.e. the spouses do not necessarily have to live in separate apartments.

In this case, however, the budget and the account management should run separately. The divorce petition can be submitted either orally or in writing to the competent district court. In order not to state support for the divorce, the state does not provide a form for the uncontested divorce.

Therefore, we recommend that you consult a divorce lawyer to ensure that the divorce petition is correctly formulated. In addition, spouses with joint minor children must seek advice from a competent person on the rights and needs of their children.

The court ruling is sent to the spouses by post. If neither of the spouses objects within 14 days, the divorce is considered final. Further information on the application for divorce is available here.

Procedure of divorce in court

Just like the application for divorce, the action for divorce must also be submitted in writing to the competent district court. In USA, every spouse has the right to defend themselves, but as this procedure is much more complex than the uncontested divorce, it is essential to consult an experienced lawyer specializing in family law.

As soon as the divorce suit is recognized by the court, an oral hearing takes place. Even in the case of a disputed divorce, the court will pass a judgment which will be sent to both spouses by post.

After the marriage has been legally divorced by the court ruling, further proceedings may have to be applied for. These could be procedures for the following claims: spousal support, child support, property sharing, custody and visiting rights. The costs of a contentious divorce are significantly higher due to legal and court costs.

Note

It is important to note that even in the course of a disputed divorce, you can agree on a mutual divorce. For this purpose, both spouses can file a joint application for divorce at the trial court.

What do you need for a divorce?

In order to be able to file a petition for divorce or file a claim for divorce, some documents must be obtained by the court. Therefore, we will now explain to you what documents you will need to file a divorce petition and a divorce suit.

For both the application for divorce and the action for divorce, you need:

  • Marriage certificate
  • Proof of citizenship of the wife and husband
  • Official photographs of both spouses
  • Registration form
  • Children's birth certificate
  • Documents showing the assets (excerpt from the land register, rental agreement)

In order to be able to complete the amicable divorce as quickly as possible and, above all, to avoid inconsistencies in the formalities, you should fill out the New Jersey divorce forms online together with your spouse.

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Motorycle Accident Lawyers Answer Your Questions Motorcycles are inherently more dangerous than automobiles. For instance, in 2014, there were 27x more deaths on a motorcycle than a car. Reduced visibility, driving under the influence, slippery roads, speeding, and distracted drivers are just a few of the ways in which a motorcycle accident can occur.

Despite the risks, motorcycle riders continue to ride their bikes every day. In fact, there are over 13 million registered motorcycle drivers across the country. In the unfortunate event you’ve been injured in a motorcycle accident, you may be wondering if you are eligible for personal injury compensation. Read below for answers to common motorcycle accident questions, and how they pertain to accident claims.

Are there motorcycle accident helmet laws everywhere in the United States?

Almost every state has some form of a motorcycle accident helmet law, however, some states like New Hampshire, Iowa and Illinois have no helmet laws. Some states, like Florida, have partial laws that only cover motorcycle riders of certain ages and some states, like Vermont, have universal laws that cover motorcycle riders of all ages. Additionally, states may have different laws about whether motorcycles can weave through traffic, turn on a red light, and more. Make sure you consult an attorney to find out the laws in the state of your accident may affect your accident claim.

If my motorcycle accident injuries are not severe, do I even need a personal injury attorney?

No matter the severity of a motorcycle accident, it is important to consult with a personal injury lawyer to go over your options. Usually, a personal injury attorney offers a free consultation, so there is no cost of you. It’s important to understand whether or not you may have a valid injury claim, which could help you get money to pay for medical expenses, ambulance fees, and more. In some cases, the full extent of the injuries may not be known for quite some time. Therefore, you should always seek the help of a medical professional and then seek legal advice from a motorcycle accident attorney to talk about your case and the full array of your legal options.

Can I still get compensation if my injuries are the result of a hit and run accident?

In cases where the individual at fault is not caught and you are left with medical costs, trauma, repairs to your motorcycle and other losses, a motorcycle accident attorney can work with your insurance company to ensure that you receive maximum compensation.

What steps should I take if I have just been in a motorcycle accident?

First, call 911 and make sure you receive proper medical attention for both yourself and everyone involved. Second, write down what you remember about the accident, the names of all witnesses, and statements made by any of the parties. Next, if you are able to do so, take photographs of the accident scene and the vehicles involved. Finally, seek legal advice and assistance from a qualified motorcycle accident lawyer. You can learn more about what to expect after a motorcycle accident by reading our helpful auto accident guide.

What about insurance coverage for motorcycles?

In many instances the coverage on your motorcycle can be combined with the coverage you have on your automobile. This may be true even if you are a passenger who was simply riding on the motorcycle at the time of injury. Sorting through these issues and insurance guidelines can be complex, confusing and may require the clarification provided by a legal counselor. If you’ve been injured in a motorcycle accident due to the negligence of someone else, speak to a personal injury lawyer to fight for the compensation you deserve.

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Getting your driver's license back after a drunk driving conviction. When you earned your driving license for the first time, you feel very satisfied and relaxed because now you can go anywhere you want to go. Your aspiration and responsibilities start increasing with you and the need for a car and a driving license becomes essential to meet them. You need them for going to work, live in your chosen location, going shopping, school, and managing your family’s busy schedule.

One of the severe consequences of a drunk driving conviction DUI conviction is losing your driving license. In the state of Michigan, the driving license is suspended due to a DUI conviction, known as OWI (operating while intoxicated). The state will cancel your driving license if you refuse to take a blood alcohol test or breathalyzer test when authority stops you at the roadside. Losing your driving license can lead to many other problems like losing your job and increased difficulties in your daily routine.

However, there are options to combat OWI accruals and even restore a restricted driver's license for a suspended license. A competent, experienced Drunk Driving Lawyers in Grand Rapids, Michigan can review your choices and advise you on the best alternatives to retain or restore your driver's license.

How you can get your license back?

Restricted license

Unfortunately, if your license is suspended due to a DUI conviction, it is however a severe situation but there are ways to get it back. If you’re your license is suspended because of an OWI conviction, you can get help from driver's License Restoration Lawyers in Grand Rapids, Michigan. A restricted driver’s license permits limited driving freedoms to or from the following places:

  • School
  • Workplace
  • Court appearances
  • Medical visits for yourself or family

When you are driving your vehicle with a restricted license, you must have a valid reason for driving. You will need the following proofs:

  • Documented work hours from your workplace
  • Documentation of an approved destination for which you are allowed to go
  • Documented class schedules

You will need documents for the driving of any other approved reason. A person who is driving for an invalid reason that is not approved under their restricted driver’s license might be charged for driving with a suspended license, and that person might have to face criminal penalties, and his license suspension will be extended.

If you qualify for a restricted driver’s license, you will not receive it automatically. You will have to apply and proof for your eligibility. It depends on the original circumstances of the offense, before getting eligible for the restricted license, drivers may have to serve part of their license suspension. Other conditions may apply in different cases like getting an ignition interlock system for all the vehicles that you will drive.  

Reinstating

Upon the expiration of the suspension of your driving license, you are eligible for reinstatement of your Michigan driver's license. You must pay the restoration fee and comply with all other license suspension conditions.

Reinstating a Revoked License

License revocation is more difficult than license suspension because revocation can be permanent. However, depending on the nature of your OWI violation and the circumstances, you may request a hearing to restore your license after the required waiting period.

It is not confirmed that a judge will reinstate your revoked driver’s license. The court will ask for proof or reasons from you that why they reinstate your license. An experienced OWI attorney will do the duty of your advocate and in this way the chances of getting your driver’s license renewal increase.

A professional and experienced Lansing criminal defense attorney can explain your options and reasons for your revoked license, and whether you may be eligible for your license renewal. The attorney will keep your information confidential and could help you in a better way.

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Uncategorized https://www.lawresolution.com/blog/getting-your-drivers-license-back-after-a-drunk-driving-conviction/ https://www.lawresolution.com/blog/getting-your-drivers-license-back-after-a-drunk-driving-conviction/ Editor Sun, 15 Nov 2020 08:59:23 -0500
Must-Have Facts to Know About Getting Bail Bonds According to statistics, one in twenty people will be arrested during their lifetime. You can never know when your time will come. In most instances, it will be when you least expect it. There is also a chance that a friend or loved one might be arrested and they’ll be depending on you to bail them out of jail. In order to secure release, you will have to pay some amount that will be determined by the court.

What Is a Bail Bond?

It can simply be defined as the set amount that you’re expected to settle so as to secure your release from jail. Most states have it as a legal requirement that the amount is set in under 48 hours after you’ve been arrested although it happens sooner in most cases. There are a couple of important reasons why you should be leaving jail as soon as you’ve been arrested. For starters, you’ll want to prepare for the legal defense depending on the severity of the crime that has been committed. You also need to get back to work and take care of your family and spending nights in jail could have far-reaching implications.

How Do Bail Bonds Work?

If the amount set is too huge to settle out of pocket, you’ll require the service of a bail bonds agent like trusted bail bondsmen in Hartford. The agent will provide a guarantee to cover the remainder of the fee once you pay a percentage of the total amount. Most agents will charge 10% of the amount. You will also need to provide an assurance that you’ll appear in court during the specified dates.

Types of Bail Bonds

There are two main types of bail bonds and that is cash and surety. How they’re applied will mainly depend on the nature of the offense. The cash bond requires that the amount is paid fully and in cash. Cash bail tends to be more expensive in the long run compared to the surety. A surety bail bond is usually preserved for severe offenses.

What Influences the Bail Amount?

There are numerous factors that could determine how much you’re expected to pay as a bail bond. The first and perhaps the most important factor is the severity of the crime. An extensive criminal background could also result in a high amount for the bail bond. There is a chance that the judge could increase the amount if you have a tendency of skipping court dates.

When It comes to Collateral?

Bail bond companies will take different approaches when it comes to collateral. They will mostly use tangible assets as collateral in case you fail to honor the agreement of showing up in court. Some of the examples of the collateral that can be used will include real estate, motor vehicles, bank accounts, stock, and credit cards.

Consequences of Violating Bond Conditions

In the event that you violate the bond conditions, the court and the bond company will have to deliberate on the new conditions to secure your lease. The court will come with new future dates for the hearing. It is imperative that you’re not making any more mistakes. Most bail bonds agents will require that you’re temporarily surrendering the collateral until your hearing. There is a bond enforcement agency that has a legal mandate to locate you in case you fail to appear in court. You will have no other option but to pay the full bond amount if you fail to make yourself available within a period of six months.

Can You Get Your Money Back?

In most cases, it won’t be possible to get your money back. If you’ve used the services of a bail bonds agent, the fees you paid can be seen as the charge for the service. If you settled the amount on your own, there is a chance that you could get some of the money back although there are no guarantees. There are fees that might have accumulated during the proceedings and will be deducted from the amount that you posted for bail.

Do You Need a Bail Bond?

Being arrested can be a confusing period. You don’t want to spend the night behind bars when there is a solution to get out. If you can’t afford the bail bond, it is usually recommended that you’re reaching out to an agent. All you need is to pay 10% of the amount to secure your release. Make sure that you’re working with a reputable company to avoid potential problems down the road.

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Uncategorized https://www.lawresolution.com/blog/must-have-facts-to-know-about-getting-bail-bonds/ https://www.lawresolution.com/blog/must-have-facts-to-know-about-getting-bail-bonds/ Editor Tue, 27 Oct 2020 00:19:23 -0400