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How To File A Personal Injury Lawsuit

Posted by on Feb 16, 2017 in Uncategorized | Comments Off on How To File A Personal Injury Lawsuit

If you’ve been injured and are thinking about filing a personal injury lawsuit, you’re probably wondering how to go about it. This guide to how to file a personal injury lawsuit will help you to finally get on with your life. 1. Determine if You Have a Case Before you proceed, it helps to know what circumstances warrant a personal injury case. Every case is different, but in general, for a valid personal injury claim, there needs to be some kind of negligence, some kind of liability, and a proven injury. For example, if you are bitten by a dog, the negligence might be that the owner let the dog roam freely. The liability would fall on the owner of the dog, and the proven injury would be the wound on your leg. If you think you have grounds for a claim but aren’t sure, contact a personal injury lawyer for a consultation. 2. Gather Your Evidence Your next step will be to gather all the evidence you can for the case. For this, it’s best to have one central file or location for the evidence. The more evidence you can assemble, the better your personal injury attorney will be equipped to represent you. Examples of evidence in the dog bite example would include written statements from neighbors who might have witnessed the incident; video or photo images taken before, during, or after the incident; dog fur left at the scene or on your person; police and ambulance reports; and your doctor report and x-rays. When you have your personal attorney consultation, either bring the evidence itself, or a list of the evidence you’ve gathered. 3. Prepare Your Statement Your personal injury attorney will need to know the exact story of what happened. As time goes on, your memory may fade, and you might forget key details. To ensure as much accuracy as possible, prepare your statement in writing ahead of time. You can give this to your attorney, and they can ask any additional questions as necessary to give them full understanding of the events that took place. 4. Follow Your Attorney’s Instructions Finally, be sure to follow your attorney’s instructions after the suit commences. You may be asked to check in with your doctor on a regular basis, acquire more evidence, or attend certain court dates. Your cooperation will help your lawyer with your case. Your personal injury attorney can provide you with more details about filing a personal injury lawsuit. Contact a firm like Eric J. Moore Company, Attorneys At Law to learn...

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Visitation Schedule Not Being Followed? 4 Steps to Help Your Kids Through the Troubles

Posted by on Jan 26, 2017 in Uncategorized | Comments Off on Visitation Schedule Not Being Followed? 4 Steps to Help Your Kids Through the Troubles

Divorce is never easy. When children are involved, it’s worse. You want the transition to go smoothly for your kids, but even when you have the best intentions, problems can arise. This is particularly true when it comes to visitation schedules. If you’re having a hard time getting your ex to commit to a visitation schedule, remember how this is affecting your kids. Here are four steps you can take to help your kids through visitation troubles. Avoid Showing Frustration in Front of Your Kids Each time your ex misses a scheduled visit, your frustration level increases. Unfortunately, showing that frustration in front of your kids can undermine their self-esteem and interfere with the relationship they have with their other parent. It’s okay for you to get frustrated when your spouse is a no-show. It’s even okay for you to get angry. However, it’s important that you not exhibit those feelings in front of your kids. Take your feelings outside or into your room. Once you’ve cooled down, go back out with your kids and explain the situation. Let Your Kids Express Their Feelings If your kids are old enough to understand what’s going on, encourage them to communicate their feelings constructively. Allow your kids to sit down with their other parent and explain how they feel when visits are missed. If you’re concerned that your ex won’t take the communication well, arrange to have your children sit with a counselor—or mediator—for the conversation. This will ensure that the conversation maintains a relaxed and comfortable tone. Always Have a Back-Up Plan If your kids are left feeling miserable each time your ex misses a visit, have a back-up plan arranged. For instance, arrange to take your kids to the park when your ex doesn’t show up. This will help your kids know that even when the other parent misses a visit, you’re still there to pick up the slack. Be Willing to Negotiate When it comes to visitation schedules, flexibility is important. If the current schedule isn’t working for the other parent, be willing to negotiate changes. They may have a work conflict that needs to be accommodated. By being flexible, you might be able to adjust the schedule so that your kids don’t miss out on visits.Not only will this allow your child to spend time with their other parent, but it will also benefit you should the need ever arise for you to rearrange the schedule. Divorce is tough on kids, especially when it comes to visitation. If your kids are paying the price of missed visits, use the tips provided here to relieve some of their distress. If problems continue, talk to your divorce attorney about amending the visitation orders. Visit sites such as http://madisonlf.com to find divorce lawyers in your...

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2 Reasons to Hire an Auto-Accident Attorney

Posted by on Jan 23, 2017 in Uncategorized | Comments Off on 2 Reasons to Hire an Auto-Accident Attorney

One of the most important calls that you can make after you have been involved in an auto accident is to an attorney, mostly because of the various ways in which he or she can help you win a case against the individual who struck you or a settlement from his or her insurance company. Listed below are two reasons to hire an auto-accident attorney. Can Protect You from Being Held Liable for the Accident One of the biggest reasons to hire an auto-accident attorney is to make sure that you are protected from being held liable for the accident. In many cases, the person that actually struck your vehicle may attempt to claim that you did something wrong and were at fault for the accident in order to avoid having to pay for any repairs on your vehicle, increased insurance rates, or any of your or your passengers’ medical bills. In order to dispute this claim, your auto-accident attorney will make sure to collect as much evidence as possible to make sure that the blame for the accident falls squarely on the shoulders of the person who actually caused it. One way in which your auto-accident attorney will do this will be to look for any proof that there was negligence involved in the way that the other driver was operating his or her vehicle, such as by interviewing witnesses to the accident in order to see whether they believe that the driver was speeding or driving recklessly. In addition, your auto-accident attorney may take things a step further and decide to look into the phone records of the individual who struck your vehicle. This is often very useful, as it may prove that the person who struck your vehicle was texting or doing something on his or her phone in the moments leading up to the accident, and that can prove that the driver was being negligent. Can Work on a Contingency Basis Another great reason to consider working with an auto-accident attorney after you have been involved in an accident is the fact that they can work on a contingency basis. When an attorney works on a contingency basis, it typically means that they are not going to charge you any money upfront, and if they lose the case, they will not charge you anything at all. The only way that your attorney actually gets paid when he or she works on a contingency basis is if you win your case, at which point he or she is going to take a portion of the money that you are awarded in the auto-accident case. This means you should feel free to hire an attorney to help you deal with your auto-accident case without worrying about any potential financial obligations that you may not be able to afford. Make an appointment with a personal-injury attorney today in order to discuss how they may be able to assist you with your auto-accident case. A personal-injury attorney such as Kathleen Kentish Lucero Atty At Law can protect you from being held liable for the accident while also working on a contingency...

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Understanding The Basics Of Safe Winter Driving To Avoid Personal Injury Risks

Posted by on Jan 3, 2017 in Uncategorized | Comments Off on Understanding The Basics Of Safe Winter Driving To Avoid Personal Injury Risks

With winter weather in full swing in many areas of the country, the risk of accidents is increasing. The better prepared you are for the season’s weather, the safer you will be on the road. Whether you’re experienced with driving in the snow or not, you should be attentive to your winter preparations and behaviors. Negligence on the road can leave you facing a potential personal injury suit. Here’s a look at some of the things that you need to know to minimize your risk. Pre-Season Preparations Take some time to make sure that your car is ready for the wintery roads. Schedule an appointment with your mechanic to have the battery, tires, brakes, defroster and wipers checked out and replaced if needed. You’ll also want to have your coolant checked to be sure that the mixture doesn’t contain too much water. Stock Up On Safety Supplies If you’re in an accident in snowy weather, you need to be sure that your car is stocked and prepared to keep you and any passengers safe. This helps protect you against negligence for failing to adequately prepare and protect those in your vehicle. Some of the key things to stock up on include flashlights, jumper cables, an ice scraper, a collapsible snow shovel, a bag of sand or kitty litter, some emergency flares, warming blankets, and even some emergency food. Don’t let your gas tank drop too low; otherwise, you’ll risk running out of gas or potentially developing condensation in the tank. Don’t Be Negligent Going into any trip unprepared is a recipe for disaster, especially if you’re dealing with winter weather in addition to the trip. Don’t get behind the wheel if you’re tired, intoxicated, or otherwise impaired. Not only can that be disastrous with winter weather, but it can leave you facing a liability claim in a personal injury suit if something does happen. Remember to follow the necessary road safety rules by leaving a couple of car lengths between you and the car in front of you. Following too close can leave you at risk of an accident on slippery roads, and it can leave you liable for injuries. With these tips, you can keep yourself and your passengers safe on the road this winter. Take time to prepare so that you don’t find yourself at risk of a personal injury lawsuit. If you do find yourself involved in an accident, talk with a personal injury attorney at a law firm like Risley Law Firm, P.C. about the case to see what options are...

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4 Estate Planning Mistakes You Want To Avoid

Posted by on Dec 14, 2016 in Uncategorized | Comments Off on 4 Estate Planning Mistakes You Want To Avoid

At the very least, it is common knowledge that everyone should have a will. Unfortunately, a will may not be enough, and can cause your heirs to be shortchanged. A will is only a single part of estate planning, because a will cannot accomplish everything that needs to be done. Keep reading to understand what to expect by using a will and additional estate planning methods. Making Burial Wishes A mistake that some people make is listing their wishes for their funeral in their will. The problem is that it can be difficult to locate a will immediately after someone dies, and those instructions may not be found until after the funeral happens. If you have specific instructions for your funeral, it’s important that you give them to a family member that you trust, and that this document is separate from your will. It is the best way to ensure your instructions are found and followed after you pass away. Setting Inheritance Conditions Some people like to put conditions on receiving an inheritance. Be aware that not all states allow you to do this, and doing so can invalidate your entire will. There may only be reasonable conditions that can be set, such as using inherited money for an intended purpose. This is often done to for a loved one’s education. Always check with an estate planning attorney to make sure that any conditions you want are legal. Placing conditions on an inheritance also places the burden on your estate’s executor, since they are responsible for enforcing any conditions you request. Giving Inheritance To Pets Pets are only considered as property, not a person that you can leave any an inheritance to. Be aware of what you can and cannot do involving your pet. Many people decide to leave a pet to a loved one, and also provide money to take care of the pet. The money can be conditional and used explicitly for pet needs, or be given without conditions. Transferring Financial Accounts Many types of financial accounts, such as a savings account or retirement account, have systems in place where the accounts are passed onto a beneficiary upon your death. This helps to account be transferred quickly, and won’t require it to go through a will and the probate process. Know that if these accounts have a beneficiary, you do not need to list them again in your will. For more tips to avoid mistakes, work with your estate planning lawyer, such as David S. Riehl, Attorney At...

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Saddled with Medical Debt And Thinking of Bankruptcy? Don’t Be Shocked If Your Bankruptcy Attorney Advises Against Filing

Posted by on Nov 23, 2016 in Uncategorized | Comments Off on Saddled with Medical Debt And Thinking of Bankruptcy? Don’t Be Shocked If Your Bankruptcy Attorney Advises Against Filing

According to a 2005 study, a whopping 46% of bankruptcies have to do with medical conditions and expenses. Inadequate health insurance can easily lead to overwhelming medical debt, but so can just having a chronic or devastating health condition that leaves you struggling with co-pays and uncovered expenses. Is bankruptcy necessarily the best option? Maybe not. Don’t be shocked if you meet with a bankruptcy attorney who ends up advising you not to file for relief. Here are some reasons that this happens. You can’t file on the medical debt alone. Your medical debt is considered “unsecured” debt, which means that it can be wiped out by a Chapter 7 bankruptcy. However, you can’t file on just your medical debt—which often means that you have to list bills that you’d just as soon continue paying, like those from your credit cards. If you’ve avoided the trap of maxing out your credit cards to try to pay the medical debt, you may have several cards that you would like to keep. Unfortunately, you can’t pick and choose which creditors you want to pay because that’s considered preferential treatment. Filing for bankruptcy could leave you without the credit necessary to qualify for any new credit cards for a while, and that might leave you without a safety net for emergencies.  You might be better off simply ignoring the debt. As difficult as it is to consider leaving a load of debt hanging over your head, you may be in a situation in which doing exactly that is preferable to filing for bankruptcy. While your credit is going to be damaged by the medical debt, bankruptcy is going to damage your credit as well. While each situation is unique, here are some general guidelines that could tell you that bankruptcy might not be the best choice. Your medical condition is chronic, and the medical bills are mostly related to hospital visits.  Your condition is severe enough that you’ve become disabled and your only income comes from disability payments. You don’t have any significant assets, like a home with significant equity, to protect. You’re current on your utility and rent or mortgage payments. While it’s frustrating to deal with the collection agents and the pressure to pay up, you may be in a position where your medical condition has made you virtually “judgment proof,” and your creditors know it. Unless you have significant savings, if your only income is now disability payments through Social Security or the VA, your creditors can’t garnish that income. A bankruptcy attorney can help you sort the matter out. Consulting a bankruptcy attorney doesn’t always automatically lead to filing a bankruptcy—but a bankruptcy attorney is the person who can look over the specifics of your situation and determine what the best course of action is for you to take. While a bankruptcy attorney will help you file the petition for relief if you want, he or she will first advise you on whether or not this makes the most sense for your situation. Don’t be surprised if the attorney ends up recommending against filing if you meet specific conditions. Consult an attorney such as Donald T Tesch, PS to get started with a...

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About Suing A Vendor For Not Delivering Merchandise

Posted by on Nov 3, 2016 in Uncategorized | Comments Off on About Suing A Vendor For Not Delivering Merchandise

Are you running low on merchandise because your vendor never showed up to make a delivery? If you have been unable to resolve the problem because the vendor is not cooperating, a litigation lawyer will be able to handle everything on your behalf. There are a few things that you might be able to sue the other party for. In this article, you will learn more about the ways that a lawyer can assist with your dispute. Discuss the Contract to Determine Your Rights                                                                                             The contract will play a major role in the outcome of your case against the vendor. During the initial consultation, the lawyer can review the contract to determine what the responsibilities of the vendor are. For example, he or she will determine if the vendor agreed to deliver your merchandise on specific days. The rights of the vendor in the event of having to delay a delivering will also be searched for in the contract. Other than viewing the contract, the lawyer will give you a chance to explain anything of importance that you want to discuss about the vendor. Investigate the Business Practices of the Vendor Investigating the vendor is one of the services that a lawyer can provide. He or she will find out if the vendor has a history of getting paid for merchandise and not making timely deliveries. The lawyer will also find out if the vendor has ever been sued by any other companies in the past. Get Evidence to Verify Your Claim You can only sue the vendor for any financial losses that your business suffered from his or her actions. For example, the lawyer will need a document that shows the type of merchandise that was to be delivered. You will also need proof that you actually paid the vendor for the merchandise. Proof that your business made less income that usual should also be provided, as the income may be recouped in the lawsuit. Try to Resolve the Case without Going to Court It is common for most business owners to not want a lawsuit against them to be made public. Rather than filing a court petition, the lawyer will likely try to settle the dispute through mediation. If the other party does not agree to mediation for some reason, the lawsuit will be settled via the court system. Mediation is actually the fast way to obtain a settlement. Tell a litigation lawyer, such as Evangelista Worley llc, about your issue with the vendor to get to the bottom of the...

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Effective Strategies For Resolving Your Traffic-Related Marijuana Charges

Posted by on Oct 12, 2016 in Uncategorized | Comments Off on Effective Strategies For Resolving Your Traffic-Related Marijuana Charges

Were you involved in a traffic stop and now face marijuana charges? Perhaps it was the first time that you have ever been in trouble. Some people in your situation make the mistake of trying to navigate the judicial system themselves. This can lead to the acceptance of plea deals that may be regretted later. Some people also have to spend time in jail because they choose not to get legal representation. Marijuana convictions can cause you future problems such as being denied certain types of employment. The following are a few benefits you might experience by using a criminal defense lawyer as a resource for your pending case.  Reduced Sentence Perhaps you are facing felony marijuana charges. An attorney could negotiate a plea deal, which could result in a reduced sentence. For example, the prosecution might accept a guilty plea for a lesser charge in your state. This means that you may be able to avoid felony charges if you accept a plea deal for misdemeanor charges.  Dismissed Charges Perhaps a criminal defense attorney will discover facts about your traffic stop that may result in the court deciding to dismiss the charges. For example, they might discover that the traffic stop was unlawful. Police officers have to have probable cause to initiate traffic stops. If you went through a roadblock, you could still have pertinent rights that can protect you. For example, you may not have consented to the search that ultimately resulted in the drugs being discovered. In some jurisdictions, police officers must get a warrant to proceed with search requests that have been refused.  Rehabilitation There are some jurisdictions that have programs in place to curb recidivism. For example, you may have to meet certain requirements, and as long as they are met, your criminal record might be “sealed” if it is your first time getting in trouble. There might also be substance abuse or diversion programs that can keep you out of jail. Any jail time would be spent in these programs, which are aimed towards rehabilitation. These programs might be available to first-time and repeat offenders.  House Arrest If you have a job or other obligations such as an ailing relative that you take care of, you might be eligible for house arrest in your area. This would likely involve you having a curfew and wearing an ankle monitor that tracks your location. People on house arrest have to be extremely careful because this is usually the last option available to stay out of jail. If sentencing terms are violated, judges may sign warrants for physical arrest.  For more information, contact local professionals like Jeffrey D. Larson, Attorney at...

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Immigration Petitions: What You Know Now Can Help You Later

Posted by on Sep 26, 2016 in Uncategorized | Comments Off on Immigration Petitions: What You Know Now Can Help You Later

If you are filing an immigration petition to have a relative be able to relocate to the United States, it will help you to know ahead of time why the petition might be denied. If you know now, then you can take steps to ensure your application does not trigger one of those causes. Waiting for approval or denial of the petition can be nerve-wracking, but if you’ve done all you can to satisfy the requirements and avoid those denials that are avoidable, the wait should be a lot calmer. Missing a Deadline Some versions of the petition, for lack of a better term, have deadlines. For example, if you are the person who is the subject of the petition, and your spouse, who was supposed to file the petition, dies, AllLaw says you can still file another petition, but you need to do it within two years of your spouse’s death. If you forget to do that, the petition can be denied easily. Even if there have been no deaths, keep track of all potential deadlines and do not put off doing paperwork. Missing a Fee Sadly, immigration fees change all the time, often with little warning if you’re not constantly watching them. Double-check the fees at the time you file the petition. In other words, don’t check the fees when you start filling out the petition or when you decide to file in the first place. Check the day you send it in. If you have other forms you need to fill out and send in, check the fees for those on the days you send them as well. It sounds like a pain, but it will save you much more pain later on. Not Enough Documentation Whether you forgot a copy of a birth certificate or your marriage was a whirlwind romance without a lot of prior contact, a lack of documentation showing your relationship and the history of the relationship can tank your petition in a heartbeat. Petitions based on marriage can be particularly tricky because there is so much fraud out there; immigration officials may scrutinize your petition if it’s based on a quick marriage. Even sibling and parent relationships need adequate documents because immigration officials won’t go simply by last names or by people just saying you’re related. You need to provide documentation that proves, without a doubt, that everyone is who they say they are. It is also possible to have your petition denied because immigration officials made a mistake, but there’s not much you can do about that except talk to a good immigration attorney at a law firm like Tesoroni & Leroy to find out how to re-file. In the meantime, you can watch out for the other potential denial reasons and do your best to avoid...

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Three Things To Avoid During Questioning At A Disability Hearing

Posted by on Sep 2, 2016 in Uncategorized | Comments Off on Three Things To Avoid During Questioning At A Disability Hearing

Once you’ve filed the appropriate papers for your disability suit, you might think the hard part is over and that you’ll soon be notified about when you’ll be receiving your SSDI benefits. However, you still need to talk to an administrative judge at a hearing specifically designed to learn more about you and your particular needs. This can make you uncomfortable, but if you can manage to steer clear of the following errors, your hearing should go well. Repeating Information in Your File Because you are nervous, you might want to just repeat what your doctor’s notes say, especially if you’ve spent time looking through your medical records. You may think that way, you won’t say anything that could jeopardize your claim. However, the administrative judge has likely already looked at everything in your file in preparation for your hearing, so they don’t need that information again. What they need is to have information from you about how your disability is manifesting in your life. Speak plainly about what you’re dealing with. Not Giving Examples Your plan might be to answer direct questions and nothing more during your questioning. However, before your hearing, think about specific examples you can share to show what life is like for you. Do your muscles ache throughout the day? Are you having seizures more often? Are you unable to think clearly? Offering specific instances that detail how your health interferes with tasks and work can bolster your claims. The judge will be better able to understand why you cannot continue to work as you have been. Making Things Seem Worse Than They Are It can be very easy to start trying to earn sympathy from the judge who is asking you questions. You may start to think that you’ll make things better for yourself if you overstate your disability and stress how awful life is as a result. This is exceedingly risky; remember that the judge hears these kinds of cases all the time and can make a reasonably accurate assessment of whether someone is being truthful. Not only that, but you could make statements that directly contradict what your physician’s remarks say. If that happens, you could be in real danger of losing any benefits you thought you’d receive. It can be nerve-wracking to talk to a judge about your disability. Using the advice in this article can help. Think about consulting a lawyer from a law firm like Bruce K Billman to get more guidance for your testimony and to oversee your entire case so that you have a better chance of earning...

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