Law Territory: Blog Law Territory: Blog https://www.lawterritory.com/blog/ Copyright by Law Territory en Law Territory Sat, 10 Dec 2022 00:33:06 -0500 Letters of Administration When There is No Will It might be difficult to adjust to losing a close friend or family member. Along with managing challenging emotions, you might also need to take care of their business and carry out their final requests.

You can begin the process of settling or "administering" your loved one's estate if they left behind a final will and testament. But it might be difficult to know what to do if they passed away "intestate," or without a will. 

What is the first step?

Letters of administration, which are legal documents that authorize you to act on behalf of a decedent’s estate, are required before you can administer and distribute their estate.

What are administrative letters?

A legal procedure known as probate is often necessary when someone passes away. If they had a will, the probate court will review it and appoint the named executor in the will to administer the estate. However, if there is no will, the court will need to appoint someone to handle the intestate estate administration. 

Before the probate court appoints an administrator to supervise the administration and distribution of the estate, he or she needs to apply for the position. Letters of administration become relevant in this situation.

A letter of administration is a legal document issued by the court that designates someone as the estate administrator. The administrator can access a late person's assets, including bank accounts and real properties, when they have these authorized letters.

What distinguishes an executor from an administrator?

Both an executor and an estate administrator are in charge of allocating an estate's assets, although they are given their responsibilities in different ways. 

An administrator is chosen by the court, whereas an executor is named by the writer of a will. An administrator decides who gets the decedent's assets based on state law, as opposed to an executor, who follows the directions the decedent made in their will.

Why do I need letters of administration?

Letters of administration provide you the right to access your deceased loved one's property and bank accounts if you are the administrator of their estate. 

For instance, before releasing the contents of the deceased's checking or savings account, you’ll need to present a letter of administration to the bank. 

These assets can then be managed as a part of the estate and given to the deceased person's heirs once you access them.

It's critical to understand that a letter of administration does not grant you unrestricted access to the assets of the decedent's estate. Again, the assets of the estate must be distributed in accordance with the state's intestacy rules instead.

Circumstances that call for letters of administration

Letters of administration are required in a number of circumstances, such as the following situations.

  • A person passes away without a will
  • The decedent left a will, but did not name an executor, or the named executor cannot or is unwilling to serve in this capacity
  • The court declares a will void

In these situations, selecting an administrator will be up to the local court. The next of kin, such as a spouse or adult child of the decedent, will often be selected by the court if no one volunteers to act in the role.

How to obtain letters of administration

Obtaining letters of administration requires preparation and time. Basically, you’ll need to take the following steps.

  1. Consult with the surviving family members

The administrator, as noted, is typically the surviving spouse or next of kin. Let's assume that you have been appointed to serve as the estate administrator in this instance.

You should initially get in touch with the deceased's relatives and anybody else who could gain from the inheritance. They'll be your greatest sources for learning which assets, such as real estate, bank accounts, and other personal items, are included in the estate.

  1. Compile the relevant paperwork

Once you have a general sense of the estate's contents and the potential participants, you should compile all the information required and submit an application for letters of administration.

Typically, this information comprises:

  • The deceased person's death certificate
  • Proof of all financial accounts (such as letters from banks or copies of credit card statements)
  • Evidence of all investments (such as stock or bond certificates)
  • Insurance contracts
  • Copies of all real estate titles (like home deeds, car titles, and the like)
  • Proof of all loans and debts (like letters of credit from lenders)
  1. Send in your application

Once all the necessary documentation has been acquired, you must receive an authorization for your letters of administration application from your neighborhood court or jurisdiction. The local probate court will get this form once it has been completed and filed.

  1. Show up in court

Typically, a judge will review the request at a court hearing to make sure it complies with all the required criteria. If you're making a request to be the estate administrator, you must appear at this hearing.

  1. Obtain the court’s approval

The court will approve your request and provide you with letters of administration after verifying the details of your request and determining that you are qualified to act as administrator. 

Call an Estate Lawyer Today

If you have questions about estate planning or probate, always consult with a lawyer, so you’re clear about your rights. 

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Uncategorized https://www.lawterritory.com/blog/letters-of-administration-when-there-is-no-will/ https://www.lawterritory.com/blog/letters-of-administration-when-there-is-no-will/ Editor Thu, 08 Dec 2022 23:15:25 -0500
What Are the Penalties for Drink Driving? In the UK in 2020, around 220 people were killed in road traffic accidents involving drink driving.

It is estimated that 1 in 20 road accidents are caused by drink driving. With this in mind, it should come as little surprise that the penalties for this offence in the UK are extremely severe.

That’s why if you’ve been caught driving under the influence of alcohol, it’s vital that you speak with specialist drink driving solicitors as soon as possible. There are several defences to drink driving charges, so you shouldn’t assume that you will be found guilty just because you were over the legal alcohol limit.

Drink driving sentencing guidelines

The maximum sentences for drink driving in the UK are an unlimited fine, six months imprisonment, or both.

If found guilty, you will also be disqualified from driving for a minimum period of 12 months.

Drink driving penalties first offence

The minimum penalty for drink driving, even if it’s your first offence, is 12 months’ driving ban and a fine.

When calculating your drink driving penalty, the courts will consider both mitigating and aggravating factors in your case.


How long do drink driving convictions last?

A drink driving endorsement will stay on your driving licence for 11 years from the date of the offence or the date of the conviction.

The criminal conviction will stay on your criminal record, but will be classed as ‘spent’ after the rehabilitation period. This is 5 years for adults, and 2.5 years for anyone under the age of 18 at the time of the offence.

Speak with specialist drink driving solicitors

If you’ve been arrested or charged with a drink driving offence, your first step should be to contact specialist drink driving solicitors as soon as possible.

MAJ Law have years of experience in representing drink driving clients. They will be able to explain the case against you clearly and help you to understand the most likely outcome. Their knowledgeable team have a strong track record of helping drink driving clients to avoid charges, secure formal acquittals, and achieve not guilty verdicts in cases that make it to court.

Get in touch with their expert drink driving solicitors today by calling 0151 422 8020 or filling in the contact form on their website for a swift response.

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Uncategorized https://www.lawterritory.com/blog/what-are-the-penalties-for-drink-driving/ https://www.lawterritory.com/blog/what-are-the-penalties-for-drink-driving/ Editor Wed, 07 Dec 2022 23:17:17 -0500
What Does Pelvic Mesh Do and Why are Women Suing Over It? Many women have suffered complications after receiving a pelvic mesh implant. The implants were intended to help and improve female health by alleviating symptoms such as urinary incontinence. A new study by ICES  shows that serious complications can occur in up to 90% of those treated with pelvic mesh implants.

However, these implants' benefits appear minimal compared to the millions of dollars paid out to those injured by them. Vaginal mesh lawsuit Chicago is rising against manufacturers of surgical mesh implants and claiming financial compensation for victims. Read to learn what pelvic mesh does and why women are suing the manufacturers.

What's the Work of a Pelvic Mesh Implant?

A pelvic mesh implant is a surgical mesh used to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP). SUI is the loss of bladder control, and POP is the protrusion of pelvic organs into the vagina. After being surgically implanted, it provides bladder support and other pelvic organs.

A transvaginal or transabdominal approach is used to do surgery. The surgical mesh is placed through a tiny incision in the vaginal wall and secured with tissue fixation devices. A wall of supporting tissue then grows into the mesh's openings.

Women with stress incontinence may experience bladder leakage during high-impact activities like jogging, jumping, sneezing, or coughing. 20% of women in menopause and after childbirth suffer from symptoms severe enough to disrupt their everyday lives.

Up to half of all postpartum women will experience pelvic organ prolapse, which is the sagging of the bladder, uterus, or rectum. Some women may not have any symptoms, but pelvic organ prolapse is painful, making it impossible to urinate, have intercourse, or both.

The FDA approved the mesh in the 2000s; it has been linked to serious complications, including erosion through organs, nerve damage, organ perforation, infection, and vaginal scarring. The complications can range from mild to severe and require additional surgeries if left untreated.

Why are Women Suing Pelvic Mesh Companies?

While the results were promising for stress incontinence, further research into the safety and effectiveness of pelvic mesh is warranted. Unfortunately, the NHS reports that one in 15 women who undergo pelvic mesh treatment requires surgery to remove the mesh due to its poor success rate.

The tape's effectiveness is questionable even in cases where extraction was unnecessary. 59% of patients said they still had the same problem following pelvic mesh surgery, and 58% said they experienced pain during sexual activity.

Even if that poll wasn't conducted scientifically, its results tell all the same. It's been documented that the mesh erodes and causes a wide variety of unpleasant side effects, including but not limited to discomfort, bleeding, and recurrent prolapse. Because of this, the use of mesh has been outlawed in various countries.

It is why patients worldwide joined together to launch class action lawsuits. It is anticipated that thousands of women have gotten mesh implants and may now be experiencing severe complications. Numerous lawsuits have been brought against the mesh's creators, with the largest aimed at Johnson & Johnson.

After thousands of women worldwide complained of chronic pain, painful intercourse, and incontinence as side effects of Johnson & Johnson's pelvic mesh implants, the company agreed to pay $300 million to settle two class lawsuits.

Class actions were spearheaded by attorneys in Australia who claimed Johnson & Johnson had not conducted adequate testing of the devices and had downplayed the risk to surgeons and patients. Mesh exposure and erosion (when the mesh protrudes through the vaginal wall or internal tissue), vaginal scarring, fistula formation, painful intercourse, and pelvic, back, and leg problems are only some of the difficulties women have experienced. These problems may manifest long after the operation; some are notoriously tough to treat.

How Many Women are Affected by Pelvic Mesh?

In 2014, the UK government released a report estimating that 17,000 women with stress incontinence underwent surgery annually, a number that had been relatively consistent for several years. Vaginal mesh implants for prolapse treatment reached a high of 3,200 sold to hospitals in 2009, but by 2014, that figure had plummeted to roughly 2,000 annually, according to the report.

In 2011, the FDA issued warnings to physicians and patients in the United States due to an uptick in reported mesh-related adverse events. According to the most recent FDA data, over 300,000 American women have prolapse surgery, and another 260,000 get stress incontinence surgery yearly. According to the industry, about a third of prolapse procedures and more than 80 percent of incontinence surgeries were performed transvaginally with mesh.

There are no statistics on the number of Australian women who have received a mesh implant to cure prolapse or incontinence.

Prolapse surgeries have been classified as "vaginal repair," which can include a wide variety of methods that do not use mesh. It also prevents us from knowing how often mesh-related complications occur unless women participate in research studies. However, thousands of mesh devices have been implanted in Australian patients.

Manufacturers have voluntarily removed several mesh products from shelves worldwide, while others have been replaced with similar but less-studied models. Because of this, it's unclear which ones are more likely to cause complications or are more successful.

Can You Reverse Pelvic Mesh Surgery?

The permanent mesh implants are intended to get lodged in the tissue within the initial weeks after surgery, providing enhanced pelvic support. In cases when the vaginal implant has become exposed, surgeons will often remove the mesh covering and sew the area together. Full removal, however, can take hours of surgery, and surgeons must also assess the danger of injury to nerves and surrounding organs, including the bladder and colon.

In short, the pelvic mesh is a product used to aid women in the healing process of implantation and repair. While there have been instances where it has proven effective and helped women, there have also been severe consequences with mesh erosion. The bottom line is that pelvic mesh has severe side effects, and thousands of women have filed lawsuits over the product, which the FDA approved despite insufficient testing.

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Uncategorized https://www.lawterritory.com/blog/what-does-pelvic-mesh-do-and-why-are-women-suing-over-it/ https://www.lawterritory.com/blog/what-does-pelvic-mesh-do-and-why-are-women-suing-over-it/ Editor Sat, 19 Nov 2022 03:00:28 -0500
What is the Best Way to Pass Property to a Child? Passing property to children is something many parents think about. Whether it’s the family home in which they’re currently living or any other piece of real estate, most parents want to make sure that their children are beneficiaries. If you are considering passing your property to your child, visit the Burzynski Elder Law website. You can find information about probate, trust administration, or any property-related issues.

Unlike other possessions like vehicles, passing the real estate to any beneficiary can be complicated. In this regard, estate planning is key. Estate planning ensures the proper management and disposal of your assets to your children or any other beneficiaries when you pass on or become incapacitated. In most jurisdictions, adult children do not automatically inherit their parent’s property upon the latter’s death. If you want to ensure that your adult children benefit from your assets like real estate, it’s crucial that you have a sound plan in place. Estate planning helps with this.

It's crucial to remember that inheriting property comes with certain responsibilities. For example, the beneficiary of any real estate will have to consider things like property taxes and maintenance costs. Just like an heir inherits both assets and liabilities, children whose parents pass property to them will have to assume all responsibilities related to the ownership of such property.

Many parents assume that their children will automatically be glad to inherit property. This is especially true for a property like a family or vacation home. While most people would be happy with the financial gain that comes with inheriting property, some may not be too eager to assume all the responsibilities associated with such ownership. That’s why parents need to discuss all property issues with their children before committing to any course of action. For example, you may own a string of rental properties that you think your children would be happy to have. However, they may not want the responsibilities that come with being a landlord.

Ways of Passing Property to Your Child

The following are the common ways through which a parent can pass property to their children.

1) Gifting it to Your Children

Some parents may want to give their property to their kids when they are still alive. This is considered as gifting. In such cases, the best way to go about it is to use a trust. A trust is a legal arrangement in which one person grants authority over a certain property to another individual. There are different types of trusts including:

i)Testamentary trust

ii) Living trust

iii) Revocable trust

iv) Irrevocable trust

Using an irrevocable trust is the best option when gifting property to your children. In this type of trust, the party that grants it (grantor) cannot terminate or modify the trust terms without the express permission of the beneficiary or court order. Using an irrevocable trust to gift property to your children helps to keep such property out of a creditor’s reach. It also has positive tax implications.

2) Selling Property to Your Kids

An easy option for many parents is to sell their property to their kids if the latter can afford it. Such property sale has to be conducted at a fair marketplace value. Being family, many parents are tempted to sell their property to their children at significantly lower prices. This will have tax implications. In most jurisdictions, the difference between the sale of such a house and its fair marketplace value is taxable. Similarly, wealthy parents can loan money to their children to purchase the family home. Legally,

any such loan must be in accordance with regular interest rates or ones set by the tax authorities. For example, the Internal Revenue Service (IRS) provides minimum interest rates for loans between relatives or family members.

Some parents turn to other forms of trust to gift when selling property to their children. For example, the Qualified Personal Resident Trust (QPRT) is a type of irrevocable trust that can help a parent when selling property to their kids. It can be structured to stipulate the continued residence of the parent even after selling the property to their children. In instances where the parent outlives the stipulated period of the trust, they must pay rent as any regular individual. Also, such property will not be counted as part of the parent's estate.

3) Using a Deed Transfer

A transfer deed is a legal document that proves a property has changed ownership. One form of it is the transfer on death deed (TODD). This type of deed helps a parent keep all ownership rights of a property while still alive. However, the property is not considered part of their estate. Transfer of the property to a beneficiary, in this case, their child, takes effect only upon their death. Since the property is excluded from their parent’s estate, the beneficiary has fewer tax burdens. Not all jurisdictions recognize the legality of a TODD. It’s best to check with an experienced attorney whether this is an option in your state.

4) Bequeathing Your Property

You can choose to bequeath your property to your children in a will. This will spell out exactly what each individual will inherit. If it’s a joint inheritance of property, the will can stipulate the percentage ownership of each child. Alternatively, you can bequeath property through a revocable living trust. You simply name your child as a successor trustee. If you change your mind later on about any aspect of the property’s management or distribution, you can always modify the terms of the trust.

In instances where you name multiple successor trustees, one child may not want the responsibility of managing a property. You can always compensate for this by offering them more money in the trust instead of joint ownership. Of course, it’s best to discuss all this with your children before creating a revocable trust. This ensures that they are aware of their responsibilities as potential successor trustees.

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Uncategorized https://www.lawterritory.com/blog/what-is-the-best-way-to-pass-property-to-a-child/ https://www.lawterritory.com/blog/what-is-the-best-way-to-pass-property-to-a-child/ Editor Mon, 14 Nov 2022 23:32:55 -0500
Who Is Liable For Damages Caused During A Car Chase? A car chase by police typically involves a police officer following a fleeing suspect in a vehicle. The chase may last for a short time or several miles and reach high speeds. The suspect may try to evade capture by driving erratically, running red lights, or going off-road. The police may use stop sticks or a PIT maneuver to disable the suspect's vehicle. The police chase the car until the driver stops or is forced to stop. If your vehicle gets damaged during a car chase, you are entitled to compensation, but before that, you should contact a Los Angeles car accident lawyer

Who is liable for damages caused during a car chase?

Police car chases are extremely dangerous and can cause personal injuries, property damage, and even death. If you are involved in a police car chase, it is important to stay calm and avoid sudden movements that could startle the officer and cause them to lose control of the vehicle. Pull over to the side of the road and stop the car if you can. Turn on your hazard lights and wait for the officer to approach your vehicle. Do not get out of the car unless the officer tells you to. If the officer does not approach your vehicle, consider calling 911 to tell them what is happening.

There can be a few different reasons why a driver may attempt to evade police or refuse to stop when they see flashing blue lights behind them. Maybe the driver has a warrant out for their arrest, or maybe they are under the influence of drugs or alcohol and do not want to get caught. Or, the driver could simply be panicking and not thinking clearly. Whatever the reason, it is always a risky move to try and outrun the police, and it is almost always better to just stop and cooperate with the officer.

Can police be held liable for damages caused during a car chase?

Police officers could be liable for damages if their actions during a car chase were negligent or reckless. For example, if an officer drove recklessly during a chase and caused an accident, the officer could be liable for the resulting injuries and property damage. The victim would need to prove that the officer's actions were unreasonable and that the officer knew or should have known that their actions could result in an accident.

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Where Do Burn Injuries Typically Occur? Multiple thousand acres of land have been lost in California due to wildfires, fatalities, and missing people. In reality, 500 individuals are still missing due to the recent wildfires in California. Although frighteningly frequent, wildfires cannot be the main reason for burns.

If someone else's negligence results in a burn and you suffer damage, you may be able to claim compensation. You can seek relief in a burn accident case with the assistance of an experienced Los Angeles burn injury attorney.

Common Locations Where You Might Burn:

1. A hair salon

You may get burned inside a hair salon in several different ways, from overly aggressive blow dryers to unsafe, powerful chemicals. In reality, there are fresh fashions and trends, some of which feature flames. Chemical burns in hair salons are more widespread than most people know. Like the majority of personal injury lawsuits, the victim must show the stylist's or company's negligence.

2. Work

You may be more likely to sustain a burn injury at your place of employment. Chefs are seen as high-risk professions, as are construction crews and equipment cleaners. Your employer's insurance plan should include coverage for burns sustained at work.

3. Restaurants

There is not just an understanding but also anticipation that your meal will be hot when you visit a restaurant or café. However, if the food is scalding or if the establishment fails to provide the client with a sufficient warning, they may be held responsible.

4. Home

An overwhelming percentage of burn accidents occur in a person's house. The majority of mishaps in the kitchen involve splashing hot oil or handling something that is hot. Burns from chemicals and electrical currents can also occur in the house. These kinds of situations are typically covered by either your personal health insurance or your homeowners' insurance.

5. Tanning beds

In order to get their flawlessly golden looks in a tanning bed, many individuals acknowledge the terrible risk of skin cancer. However, some people are unaware of the risks and harm tanning beds can cause. Unfortunately, thousands of people have experienced tanning bed-related injuries and/or have been taken to the nearest hospital.

In addition to causing more than 170,000 incidences of skin cancer annually, tanning beds also account for about 80% of incidents that result in serious burns. Melanoma risk has increased as a result of tanning.

An attorney can assist you in obtaining compensation for the losses you incurred if a burn accident hurt you. This covers any associated medical costs, lost pay, stress, and emotional suffering.

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Uncategorized https://www.lawterritory.com/blog/where-do-burn-injuries-typically-occur/ https://www.lawterritory.com/blog/where-do-burn-injuries-typically-occur/ Editor Thu, 27 Oct 2022 09:05:19 -0400
How do you handle a lawsuit after causing a collision in Atlanta? Being a part of a car accident is stressful. Even if you are not hurt, you will probably have to deal with a claim for your car's property damage. Most people move on with their lives after recovering from their injuries, fixing their cars, and so forth.

But what happens if you're accused of causing an automobile accident? What are your options?

It is legal for you to pay for and retain the services of any Macon car accident attorney of your choosing. This might work out well for you in some circumstances. If you have any concerns, speak with a car accident attorney about your situation to make sure you are aware of your legal options and what you should do to safeguard your interests.

Immediately notify your auto insurance provider.

Georgia is a state that causes car accidents. Drivers who cause collisions may be held financially accountable for the harm the collision results in.

Consequently, it is a legal need for all drivers to have a minimum level of liability auto insurance.

You need to get and keep the following minimum levels of insurance as a driver in Georgia:

  • A bodily injury liability policy with a limit of $50,000 per accident and $25,000 per person.
  • Protection from liability for property damage of $25,000

Increased auto insurance limits are an option you have, and you should take it. Higher liability insurance limits can shield your personal assets in the event of a car accident lawsuit.

Wealthy people may want to talk about umbrella insurance plans and other types of liability insurance. If someone causes an automobile accident that causes catastrophic injuries and losses, these insurance plans may be able to shield them from liability.

How to Respond If You're at Fault

Keep your cool even if you cause a car accident. The most crucial thing to keep in mind is never to accept responsibility. Accident scenes are disorganized. It's possible that other variables contributed to the accident, even if you believe you may have been at blame. By apologizing, don't release yourself from responsibility.

If somebody tries to bargain with you before your insurance company has had a chance to look into it, politely decline. They can attempt to get you to accept responsibility so they can collect a bigger payment. Spend some time getting in touch with a reliable personal injury attorney.

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Uncategorized https://www.lawterritory.com/blog/how-do-you-handle-a-lawsuit-after-causing-a-collision-in-atlanta/ https://www.lawterritory.com/blog/how-do-you-handle-a-lawsuit-after-causing-a-collision-in-atlanta/ Editor Tue, 04 Oct 2022 08:21:16 -0400
What Does a Car Accident Attorney Do? Being a crash victim can be confusing and stressful, particularly when some injuries/death occur. You have no idea what to do next. During the confusion, the driver-at-fault can take advantage and try to convince you to accept an instant settlement. However, this is not the best way to solve the issue.

When in such a situation, legal representation is critical. You should consider reaching out to a car accident attorney. Here are some ways a car crash lawyer can help you:

Collecting the required evidence for damages and liabilities

The first role of an accident attorney is to help you build strong proof of damages and liabilities. Strong evidence will be critical in winning your case in any San Antonio court. So, you must collect any essential incident details from tilting the bar on your side.

A reliable car accident lawyer in San Antonio will help you document all information needed to support your claim. They will return to the accident scene, collect police reports, and work with incident witnesses and investigators. This way, you will have credible evidence of the accident damages that will help you win the case.

Reaching out to the driver-at-fault insurer.

When you reach out to a car accident lawyer, the next task is to start a communication line with driver-at-fault insurer attorneys. The communication between the two parties is critical in harnessing settlement. A good lawyer will be the link between you and the insurers and ensure you get the right compensation.

Remember, the insurer/defendant lawyers will negotiate a lower compensation for their clients. So, building a solid relationship and ensuring good communication is essential to getting a fair offer.

Negotiate with the insurer

Certainly, every insurance company is in business. This case is no different for car accident insurers in San Antonio. These companies will work hard to pay the least amount possible as compensation.

Here is why a car accident attorney becomes essential. The lawyer will negotiate on your behalf to ensure you receive the best offer. But you need to consider an attorney with experience in property damage and personal injuries. With these skills, you can expect a better compensation than you would get by taking up the matter yourself.

Represent you in court

Sometimes, you may not settle the matter through negotiation. However, the insurer of the driver-at-fault may be reluctant to take up the responsibilities for the accident. They might also not be willing to settle the requested compensation. When such an issue occurs, heading to the courts is unavoidable.

A court of law will handle the case by listening to both sides. But, the facts and evidence you will provide will determine how much you will receive compensation. A car accident attorney will become a strong pillar in this situation. The lawyer will argue your case and face the defendant's attorney to prove that you are a victim and worth compensation.

In a word, a car accident lawyer in San Antonio, Texas, plays a crucial role. The attorney will help you get what you are worth as accident compensation. Also, they will ensure you do not fall into the legal traps that insurers might use to victimize you. So, working with one is essential.

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Uncategorized https://www.lawterritory.com/blog/what-does-a-car-accident-attorney-do/ https://www.lawterritory.com/blog/what-does-a-car-accident-attorney-do/ Editor Mon, 19 Sep 2022 10:10:46 -0400
Key To Hire The Best College Student Defense Attorney Employing a college student defense lawyer might be challenging for parents. What kind of attorney to retain is not always evident; particularly if the university student is involved in on-campus disciplinary procedures that don't entail a court of law. In such cases, parents can get in touch with studentdisciplinedefense.com to hire the best. 

A defense lawyer can assist you with mounting a defense, navigating the bail process, and getting ready for legal representation. In the perfect case scenario, you may even be able to have your student's charges reduced.

It is advisable to engage a student defense lawyer who can assist your child at each and every stage of the procedure because you could also be required to defend your student's academic prospects in the face of university disciplinary accusations.

On that note, how would you determine which attorney to employ and who will effectively advocate for your college student?  Here are the three biggest criteria to consider when choosing a college student defense attorney. Have a look. 

Knowledge of hearings for college students in defense

You should, first and foremost, hire a lawyer who has experience representing college students in court. You don't need a civil litigator, a criminal defense attorney, or even an employment lawyer. The university will also reprimand your student, and administrative charges might jeopardize a range of your student's university rights and protections. This includes, 

  • Scholastic standing
  • Housing for students
  • Financial assistance
  • Scholarships
  • Enrollment

You should therefore choose an attorney who has experience with academic violations hearings or Student Conduct hearings, and one who is familiar with their procedures.

Recognition of the academic setting

Second, you require an attorney who is familiar with the academic setting. Your student will suffer if a very combative litigator enters a student hearing and starts banging on the table or attempting to raise objections. The advocate for your pupil must comprehend the academic setting and the school's point of view on these procedures.

Criminal Defense Experience

Last but not least, you ought to hire a lawyer with experience in criminal defense. This is due to the possibility of a criminal offense, based on how serious the charges against your student are. A capable student defense attorney will make every effort to reduce this vulnerability.

All in all, a skilled attorney with knowledge of both litigator and student defense is needed to strike this delicate balance. Make sure you choose one wisely. 

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Uncategorized https://www.lawterritory.com/blog/key-to-hire-the-best-college-student-defense-attorney/ https://www.lawterritory.com/blog/key-to-hire-the-best-college-student-defense-attorney/ Editor Fri, 16 Sep 2022 05:10:18 -0400
4 Tips For Filing A Claim For Motorcycle Accident Injuries It's a good idea to get your motorcycle checked out by a professional before you start riding again. But if you crash, you'll need to file a claim for your damages and medical bills. This blog post contains four suggestions for filing a claim for your motorcycle accident injuries.

If you were injured in a motorbike accident, you must contact a lawyer as soon as possible. A lawyer can help you file a claim for damages and get the best possible outcome. The DDRB Lawyers are experienced in dealing with motorcycle accident claims and will help guide you through the process.

Motorcycle Accidents: Understanding the common injuries

Motorcycle accidents are among the most common in Miami. They are responsible for more than one-third of all motor vehicle fatalities.

If you are stabbed in a motorcycle accident, you may wonder how to file a claim. Here are some pointers to consider while filing a claim for motorcycle accident injuries:

  1. Make sure to get medical attention as soon as possible after the accident. It will assist you in minimizing any long-term consequences of the injury.
  1. gather as much evidence as possible about the accident. Photos, films, and eyewitness reports can all be included.
  1. speak with an attorney about your rights and options after the accident. An attorney can help you to understand your legal rights and options.

What is included in a claim for a motorcycle accident?

If you are hurt in a motorcycle crash, you may be able to file a compensation claim. This claim includes medical expenses, lost wages, and other related costs.

To make a claim, you must detail your injuries as well as the circumstances of the accident. You will also need to submit confirmation of insurance coverage.

If you can file a claim, you will likely receive a settlement payment from the at-fault party. However, you should not wait to seek help if you are injured in a motorcycle accident. Consult an attorney immediately soon as possible and proceed to start your claim.

How to File a Motorcycle Accident Claim

If you are injured in a motorbike accident, you must file a claim as quickly as possible. Here are some pointers for submitting a claim:

  1. Contact your insurance company as soon as possible. Make sure to have all the information you need to file a claim with them, including your insurance policy number, the date of the accident, and any witnesses who may have seen what happened.
  1. If you wear a helmet, bring it with you when you file your claim. You may be able to get money for damages caused by the bike helmet you were wearing.
  1. If you were not wearing a helmet and were injured in the accident, be prepared to provide medical documentation proving that you were injured due to the crash. This documentation can include x-rays, MRIs, or CT scans.

If you have any reservations about filing a claim after a motorcycle accident, please don't hesitate to contact an insurance agent or lawyer. They can assist you in understanding your legal rights and responsibilities. They file the claim on your behalf in the most efficient way possible.

Questions to ask the insurance adjuster during and after the claim process

  1. After a motorcycle accident, gathering all the information you can about the crash is essential. The above includes asking the insurance adjuster questions during and after the claim procedure.
  1. You should also make a list of all of your injuries and medical expenses. It'll also assist you in documenting your case and ensuring that you obtain the compensation to which you are due.
  1. Keeping copies of your documents, including police reports, medical records, and witness statements, is also essential. It'll also help strengthen your case if you have to court.

Conclusion

Suppose you or someone you know has been injured in a motorcycle accident. In that case, it is essential to seek the help of an attorney as soon as possible.

Filing a claim for motorcycle accident injuries can be a complicated process. If you don't have an experienced lawyer on your side, it could lead to months – even years – of delays. At the same time, insurance companies try to figure out who is responsible for your injuries.

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Uncategorized https://www.lawterritory.com/blog/4-tips-for-filing-a-claim-for-motorcycle-accident-injuries/ https://www.lawterritory.com/blog/4-tips-for-filing-a-claim-for-motorcycle-accident-injuries/ Editor Tue, 06 Sep 2022 23:20:43 -0400
Tips to Prevent Slips-and-Fall According to the National Floor Safety Institute, more than 3 million food service employees and over 1 million guests experience severe injuries on the premises of restaurants and eateries. Many of these are caused by slips and falls. Slip-and-fall accidents can lead to catastrophic injuries. In addition to harming the injured guests and staff members, these accidents also have the potential to harm the establishment’s reputation.

Poor lighting, wet floors, and uneven flooring are some of the common causes of trips and falls in a restaurant. The injuries caused by a slip-and-fall accident can be quite severe, and they may include back pain, broken bones, spinal cord injury, and traumatic brain injury.

Management’s Role in Prevent 

Restaurant management and owners must identify and evaluate the risks present on their premises. Like any other workplace safety hazard, having a plan for the steps to take after an accident at the restaurant is crucial.

Workers and guests who are injured in a slip and fall accident can consult a Philadelphia personal injury lawyer to take legal action against the negligent owner or operator. To protect themselves and their customers, a restaurant owner should evaluate the potential risks and train their employees accordingly.

1. Practice good housekeeping

Housekeeping and safety go hand in hand, and a clean restaurant is a safe restaurant. Practicing practical housekeeping decreases the risk of injuries and accidents on your premises. You should plan and assign responsibilities to each employee to ensure the facilities remain in good condition.

For example, there should be an employee during each shift who can ensure that the restaurant floor is always safe and clean. This should become part of the restaurant’s daily routine. If any of the staff members are absent, the owner should assign this critical duty to someone else. 

2. Clear all the obstacles

Whether there are items blocking stairs or a walkway, it is important to ensure that there are no obstacles where people may walk. As a restaurant manager or owner, it is your responsibility to ensure a safe and smooth experience for your guests. It should be a general practice to conduct periodic inspections throughout the day to identify any slip-and-fall hazards that may arise. 

3. Maintain proper lighting

Lighting plays a significant role in the occurrence of many slip-and-fall accidents. You should ensure that all paths and walkways are clearly illuminated, including indoors, outdoors, the kitchen area, the stairs, and the parking lot. If there are any poorly lit areas and you cannot improve the lighting, be sure that these areas are clear of clutter and other hazards. 

4. Appropriate cleaning products for your floors

You should make sure that the products you choose to use for cleaning purposes are compatible with the flooring at your restaurant. In addition to ensuring that you purchase the right cleaning materials, you should also train the cleaning personnel on the safest way to use these products.

Your employees should be informed about the potentially dangerous consequences that could arise as a result of using the wrong products or using the correct products improperly. The front of the restaurant and the back area may require separate cleaning products, depending on the type of flooring that is installed.

5. The right footwear for employees

As part of their jobs, some employees may be exposed to potentially hazardous environments, such as oily or wet surfaces. In these situations, owners should ensure that their employees have the proper footwear and require that they wear it when on the job. The owners can even conduct training workshops to train staff members on best practices for preventing slips and falls on the premises. 

6. Floor and walkway audits

Repairing damage to floors and walkways is one of the preventative measures restaurant owners and managers can take to reduce the risk of accidents on their premises. Management can assign employees with the responsibility of auditing floors and walkways on the premises, which can help to identify hazards that could contribute to slips and falls. 

7. Use proper warning signs

If the floor is wet or slippery, be sure to alert employees and customers with a proper warning sign. This sign should be clear and easily readable to anyone who may encounter it. When people are appropriately warned of a hazard, it may reduce the restaurant owner's liability if an accident occurs. In case an individual fails to heed the warning and becomes injured, they may be responsible for their own injuries. 

In addition, the owners should maintain impeccable records about the safety training that employees undergo, as well as cleaning logs that document safety precautions and procedures. The restaurant owners should take all the above-mentioned precautionary measures to prevent the risk of slips and falls on the premises.

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Uncategorized https://www.lawterritory.com/blog/tips-to-prevent-slips-and-fall/ https://www.lawterritory.com/blog/tips-to-prevent-slips-and-fall/ Editor Fri, 02 Sep 2022 23:41:27 -0400
How to Choose the Right Personal Injury Lawyer? If you are involved in an injury, the first thing you must do is undergo medical tests and treatment to ensure that your health is unaffected. If you have suffered an injury because of someone else’s negligence, you must claim compensation to cover your expenses. Many times, insurance companies try not to give you the deserving compensation, and you are deprived of your claims. Such cases call for a personal injury lawyer. A personal injury lawyer will help you gather proper evidence and negotiate the best deal with the insurance company.

There are a lot of personal injury lawyers, so you might be a little confused while choosing the right one. Click here to know how to choose the right personal injury lawyer.

Look for reviews

Everything is available on the internet now. Look up the net to see online reviews about the personal injury lawyer. Never hire a lawyer before you are satisfied with the reviews. Many law firms also have their website, which you can check to understand their way of working and experience. Although net reviews might be biased sometimes, a personal review is never. Consult your friends and relatives to know about a lawyer before hiring one.

Look for attorneys who have experience in similar types of cases

There are a lot of attorneys who deal with a lot of cases. Find someone who has dealt with cases that resemble your case file. Some lawyers are experts in many fields. Look for a lawyer who especially specializes in cases resembling your one.

Qualification and success rate

Before hiring a lawyer, always see their years of experience and their success rate in dealing with cases. Experience and success rate are two very important aspects you must check before hiring a lawyer. 

Check availability

If the lawyer isn’t available when you need them, your investment can go all in vain. Always see the distance between the lawyer’s office and your house and the lawyer’s time of working before hiring him. If you can’t get a lawyer’s help when you need them, there is no meaning in hiring them.

Always schedule an initial consultation

Although internet reviews, recommendations from others, and all other qualities match your preference, you must not be in a rush to hire them. It is always better to have a conversation personally with the lawyer. Schedule an initial consultation, meet with the lawyer and talk with the lawyer about your case. This will provide you with the best review.

These are some steps you must take before hiring a lawyer.

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Uncategorized https://www.lawterritory.com/blog/how-to-choose-the-right-personal-injury-lawyer/ https://www.lawterritory.com/blog/how-to-choose-the-right-personal-injury-lawyer/ Editor Tue, 23 Aug 2022 03:03:34 -0400
Do Injured Victims Get Benefits From Car Accident Loans?  Car accidents are nerve-wracking experiences. It results in tremendous expenses, enough to make your everyday life difficult. You will likely suffer from personal injuries if regardless of how minor or severe your accident was. These injuries may or may not cause physical disabilities, preventing you from working in the office or running daily errands. And for significant incidents, you are likely to be burdened with costly medical bills.

A car accident loan might be the best solution for victims in such an adverse scenario. While you wait for the final settlement results, applying for this lawsuit loan will help you from burying down under the weight of bills and financial deficits.

Want to know more about how victims can benefit from this type of loan? Read on to find out.

Car/Auto Accident Loans - What are they?

Looking closer at auto accident loans, these types of loans are a source of non-recourse funding.  You will owe nothing if you don’t settle with the insurance company or get a court award.

With a traditional loan, you are supposed to pay the amount back in monthly EMIs or whatever your bank’s terms are. But, in the case of an auto accident loan, you already owe a predetermined percentage of your court settlement reward to the lawsuit loan company.

This whole thing means that the lawsuit company will only provide the victim with the loan, considering the case is under control and has a good chance of getting a court award or settlement. One needs to understand that these loans are based on the odds of your accident claim and not on your credit score.

Does the Accident Loan Cover Major Medical Expenses?

If, as per the claim, the victim is suffering from someone else’s carelessness, the auto accident loan is likely to cover -

  • Emergency transportation costs from the accident spot
  • Surgery care expenses
  • Hospital stay expenses
  • Treatment costs and doctor’s charges
  • Tests and procedure costs
  • Prescription bills
  • Therapy charges
  • Rehabilitation bills

Victims suffering from serious injuries might be having ongoing medical treatment. Meanwhile, they will likely miss their earnings, further adding to the loss. With a car accident loan, victims can relieve themselves from facing immense financial burdens. They can recover and move forward with more confidence and hope.

Auto Accident Loans Helps to Fight for a High Settlement

After the accident, your claim and recovery demand amount must cover all your physical, financial, and mental damages. However, the settlement might take an eternity in court. In the middle of this, the insurance company will likely try to decrease the settlement offer for a faster resolution woefully.

In order to fight for your claim and get the best possible outcome, you might even need to wait a long time. This is where the auto accident loan will come as a savior.

Final Words

One needs to remember that if you deal with a car accident, the first thing you need to do is connect with an attorney. Companies providing a car accident loan do not approve applications of victims who do not have an attorney. An attorney can also help you reach a settlement faster.

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Uncategorized https://www.lawterritory.com/blog/do-injured-victims-get-benefits-from-car-accident-loans/ https://www.lawterritory.com/blog/do-injured-victims-get-benefits-from-car-accident-loans/ Editor Mon, 22 Aug 2022 04:34:22 -0400
Is One Rideshare Company Safer?

Each rideshare company has its own niche. For example, Uber was originally just luxury cars (hence the name). Lyft, the #2 most popular rideshare app, started as a carpool for college students. The founders “wanted to reduce the anonymity” between riders and drivers. Do those distinctions matter today for riders concerned about safety? 

Cell Phones & Driving Don’t Mix

Take a step back, and look at the big picture here. Using your phone while driving is inherently dangerous, which is why texting while driving is illegal. It is not common (or required) to see a rideshare driver using a “drive safe” app like Android Auto to navigate and handle incoming messages. (This app handles your navigation without tiny letters, reads your incoming messages out loud, prompts you to reply to your messages with voice control, and is compatible with virtually any other app—meaning it functions with Uber and Lyft.)

Uber drivers get tiny little notifications and a quiet ping when they receive a new ride request. The app gives them just 15 seconds to reply, and if the driver fails to respond in 15 seconds, they can lose business or even face other consequences, such as suspension from Uber. This concept is not safe. Since rideshare apps became available in 2011, a thousand more people have been killed each and every year in car crashes. This is likely not a coincidence.

Uber’s Reputation

According to USA Today, Uber felt safer for women for a while. However, current numbers show that Uber and Lyft both have similar rates of sexual harassment and sexual assault complaints. Lyft, however, had 4,000 reported sexual assaults and ten fatal assaults between 2017-2019. Uber, however, had 6,000 sexual assaults and 97 fatal crashes in an even shorter time period (2017-2018). While both apps continue to make tweaks to improve safety for female passengers, female drivers for both apps remain very exposed.

Driver Background Checks

Riders are now supposedly safer in both Ubers and Lyfts because state law now requires drivers to get background checks. However, many drivers slip through the cracks and are able to start driving for Uber with concerning driving or criminal records. Background checks can be inaccurate, leading to dangerous drivers on the road.

Uber vs. Lyft in an Emergency

Uber has an in-app “panic button.” This button allows riders to discreetly call 911 after several clicks. By going through Uber’s app instead of just dialing 911 from your keypad, the dispatcher already has the make and model of the driver’s car, license plate number, and location. Lyft, however, requires that you call from their safety center, which is not as streamlined.

Mile for Mile: Which App is Safer?

Unfortunately, most research done groups the rideshare apps together, so it is difficult to say which app is safer for passengers, and they each have their own unique risks of accidents and injuries.

A Skilled California Rideshare Accident Attorney Can Help

If you’ve been involved in an incident with a rideshare app, Ride App Law Group is here to help. Dealing with rideshare apps is what we do around the clock. For more information, please don’t hesitate to set up a free consultation today.

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Uncategorized https://www.lawterritory.com/blog/is-one-rideshare-company-safer/ https://www.lawterritory.com/blog/is-one-rideshare-company-safer/ Editor Mon, 15 Aug 2022 23:43:21 -0400
Who Is Liable for a Passenger’s Injury in a Car Accident in Texas? Like drivers, passengers in Texas vehicle accidents have the right to hold the at-fault motorist accountable for their injuries and any other damage. However, as a passenger, you may have additional choices for submitting a claim or pursuing a lawsuit.

A passenger, for example, may be able to collect compensation from the following sources, depending on the circumstances of the accident.

The At-Fault Driver of Another Vehicle

If you sue the other driver following a vehicle accident in Houston, you must demonstrate to the court that the other driver was negligent. To do so, a party must show four elements:

  • That the motorist owed the public a duty of care
  • Whether the driver violated their duty of care
  • Whether the accident would’ve occurred if the other driver had acted differently
  • That their carelessness was the cause of your injury

If the irresponsible motorist who caused the accident has auto insurance, you may submit a reimbursement claim to their insurance company.

The Driver of the Vehicle You Were in

Suppose the driver of the vehicle you were riding in caused the collision and you were harmed. In that case, you can file a third-party responsibility claim with the motorist’s insurance carrier.

For example, if the automobile you were traveling in rear-ended another car in traffic, the driver who rear-ended the vehicle ahead would likely be held responsible.

Your Own Uninsured or Underinsured Motorist Coverage

Drivers may lack insurance coverage or have insufficient liability limitations to cover all of the charges.

If the at-fault driver does not have vehicle insurance or has insufficient coverage to pay all charges, you can submit a claim to your auto insurance company under uninsured or underinsured motorist coverage. This coverage applies if you are in an accident with an uninsured driver, even if you are a passenger in someone else’s automobile.

What if more than one party is at fault?

Texas employs a modified comparative fault rule when determining culpability in car accidents. In other words, both drivers might share a portion of the blame for the accident. Any damages awarded to the plaintiff in the lawsuit can be reduced by their share of the blame in the accident.

If culpability is assigned to both the driver of your car and the driver of the other vehicle, it may affect how you seek reimbursement.

For example, if the driver of the car you were in was determined to be 20% at fault, and the other driver was 80% at fault, you would need to seek compensation for 20% of your losses from the driver of your vehicle and 80% from the other driver.

If your losses total $100,000, you might try to recover $80,000 from the other motorist and $20,000 from the driver of your car.

How do I prove who caused my car accident?

Determining fault is critical in deciding how to move forward with a car accident lawsuit. Before you can file a claim, you must first figure out and prove who caused the collision. Identifying and analyzing all relevant evidence will aid in determining who was at fault.

The evidence varies depending on the situation. However, it may include:

  • The responding officer’s police report
  • Interviews with witnesses
  • Video footage of the collision, when available
  • Photographs or videos captured at the site of the accident
  • The automobiles involved
  • Your medical history
  • Evidence of your losses

All Texas vehicle accident claims need proof of fault. To be awarded damages, you and your legal counsel must demonstrate that the at-fault driver was negligent in causing the incident.

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Uncategorized https://www.lawterritory.com/blog/who-is-liable-for-a-passengers-injury-in-a-car-accident-in-texas/ https://www.lawterritory.com/blog/who-is-liable-for-a-passengers-injury-in-a-car-accident-in-texas/ Editor Wed, 10 Aug 2022 23:32:10 -0400
Construction Accidents in New Jersey

Many construction sites are full of dangerous and heavy equipment that are capable of causing extremely serious injuries. Accidents and injuries that occur on these construction sites can be particularly debilitating and could require long-term medical treatment with a doctor, physical therapist, or occupational therapist. A serious construction site injury could also leave you out of work for days – or even months – resulting in a significant loss of income.

If you or a loved one has been injured in a construction accident in the Paramus area, you may be able to pursue compensation from your employer or from some other source. The New Jersey construction accident law firm at Vacardipane & Pinnisi, PC could help you determine what type of claim you should bring – and against whom. We could also help you pursue lost income and damages for your injuries.

How Construction Accidents Occur

Construction sites are often full of dangerous equipment, and working in close proximity to that equipment can sometimes lead to on-site injuries. Typical construction site injuries can include:

  • Crush injuries
  • Burn injuries
  • Eye injuries
  • Broken bones and fractures
  • Back and neck injuries

Injury-causing accidents at a construction site can occur for a variety of reasons, including the negligence of others or defective equipment. If you suffer an injury in an accident on a construction site, you might be eligible to take legal action against one or more individuals or entities.

Taking Legal Action following a Construction Accident

If you suffer an injury in an accident that takes place while you are working at a construction site, you might be eligible to take the following types of legal action:

  • Filing a claim for workers’ compensation – You could file a claim for workers’ compensation against your employer’s insurance seeking various benefits, assuming you were injured while you were working at your job on the construction site and within the scope of your employment there.
  • Filing a claim against a third party – You might also be able to file a claim against some third party. For example, you could file a claim or lawsuit against the manufacturer of defective equipment or against a repair facility that may have done improper repairs on a piece of equipment that malfunctioned and caused your accident and injury.
  • Filing a claim against a supervisor Supervisors on construction sites are supposed to monitor their sites and ensure that they are safe for workers at all times. In some instances, you might be able to assert a claim for damages against a site supervisor for failing to take these measures.

Contact an NJ Construction Accidents Lawyer Today for a Free Case Evaluation

If you suffered injuries in a construction accident, you should contact the knowledgeable legal team at Vacardipane & Pinnisi, PC as soon as possible. To schedule a free case evaluation and legal consultation with a construction accident attorney in Paramus, please call us at (866) 643-0866 or contact us online to learn more.

Author

Dawn M. Pinnisi is a Managing Partner of the Firm.  She was born and raised in Brooklyn and attended Brooklyn Law School.  Ms. Pinnisi predominantly handles injury claims in New York and New Jersey on behalf of victims of product liability, professional malpractice, and negligence.  She has twenty years of litigation experience advocating for injured clients and has recovered millions of dollars in jury verdicts, settlements, arbitrations, and mediations on behalf of injury victims.

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Uncategorized https://www.lawterritory.com/blog/construction-accidents-in-new-jersey/ https://www.lawterritory.com/blog/construction-accidents-in-new-jersey/ Editor Thu, 04 Aug 2022 23:17:36 -0400
Responding to a Restraining Order in Alberta

If you have been served as a respondent to a restraining order, there may be a lot of different things running through your mind. Breaching a restraining or protection order is a criminal offence that will remain on your record, possibly impacting your future. Depending on the circumstances surrounding the situation and the individual who has taken the order out against you, it could be a complicated response. This would be an occasion in which you would be helping yourself by seeking the aid of a criminal defence lawyer.

If you have been served with an application for a restraining order, your response may be key in determining whether or not the order is granted. In this article, we will go over the different types of restraining orders to better inform you of how to respond.

In Canada, different provinces have different provisions for restraining orders, and other countries and their unique jurisdictions will also have different laws. Today, we will be using Alberta as an example of the different types of restraining orders that a court may grant.

Different Types of Restraining and Protection Orders

It is important to know the difference between different types of restraining orders so that you can best respond to the one you were served. Different orders may have different conditions and consequences for being breached.

Emergency Protection Order

An emergency protection order, or EPO, is used when there is an immediate need for protection. Police can obtain an EPO when investigating domestic disturbances, and utilize them to remove offenders from a home and prevent them from returning. These are often used when violent or threatening behaviour occurs between family members or intimate partners. EPOs can be filed without notice to the other party and must be reviewed by a judge within 9 working days.

Queen’s Bench Protection Order

These protection orders are for matters which don’t have as much urgency as those under an EPO, and a judge can order an EPO to be replaced with this type of order. These applications are made with notice to the other party and can provide direction for money to be repaid if there were expenses due to the violence of the offending party.

Restraining Order

Restraining orders made in family violence situations are also obtained in the Court of Queen’s Bench and apply to situations in which an individual is afraid for their physical safety due to the behaviours of another party whom they have lived with or been in an intimate relationship with. Although a review date will be set, the other party doesn’t need to be notified and the order can often be obtained on the same date it was applied for. These orders are not to be used to settle property or parenting disputes and can result in arrest if disobeyed.

Restraining orders made in other cases, such as between parents and adult children, coworkers, neighbours, or individuals in dating or other relationships are very similar but do require notice to the other party and require a Statement of Claim with the Court of Queens Bench. These apply in situations in which an individual has been assaulted or threatened with violence and can also result in arrest if disobeyed. Both of these types of restraining orders are generally put in place for 3 months or permanently if required.

Exclusive Home Possession Order

These orders are used particularly in cases where there is a dispute about who will live in a home and who will move out when there is a breakdown in a relationship. The orders are generally made in the interest of whoever may be most inconvenienced by moving out or in the best interests of any children involved. In these cases, violence doesn’t need to be an underlying factor and possession of other larger assets (such as a vehicle) could also apply.

Peace Bond

Peace bonds are made due to police complaints and require basic restrictions such as no contact with specific persons and to stay away from certain areas. These can be ordered in non-emergency situations. Although the accused may be arrested and given notice to appear in court, peace bonds do not reflect a criminal record and will be set for trial if the accused does not agree to the bond on the original court date.

So How Should You Respond to a Restraining Order?

As you can see, there are many different instances in which a restraining order may be granted. Because of this, there is a lot to be said for the different ways in which you may want to respond.

The best advice that we can give is to remain cool, calm and collected: to disprove claims against you, the best defence is demonstrating to the court that you are a reasonable enough person that a restraining order isn’t necessary - and never has been. For the best tips on defending yourself against a restraining order, we recommend speaking with an experienced criminal defence lawyer to better define the objectives of your response.

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Uncategorized https://www.lawterritory.com/blog/responding-to-a-restraining-order-in-alberta/ https://www.lawterritory.com/blog/responding-to-a-restraining-order-in-alberta/ Editor Sun, 31 Jul 2022 23:34:34 -0400
Bike to School Day: Staying Safe on the Road Riding a bicycle to school is an excellent way to get in some exercise, avoid traffic, and reduce emissions. The first National Walk to School Day was held in 1997, and the National Bike to School Day came in 2012. Since then, these events have been repeating themselves to show children the joy and independence they get from walking or biking to school each day.

If your child plans to participate in the event, you will want to brush them up on some essential bicycle safety tips.

Cycling Safety is a Must

Cycling to work or school is healthy, gets you out in the fresh air, and even squeezes in exercise. However, that ride means you will be sharing the road with motor vehicles, and not all drivers exercise caution when sharing the road with bicycles.

In 2015, there were more than 1,000 bicycle rider fatalities, and over 467,000 injuries in accidents. Certain groups are at higher risk for injury or fatal accidents. Adults between the ages of 50 to 59 were at the highest risk for a fatality in a bicycle accident, while children between the ages of five to 19 were at high risk for serious injuries. Adolescents, according to the U.S. Centers for Disease Control and Prevention, account for one-third of bicycle accidents reported.

Most fatalities occur in urban areas and not in the intersection like you would think. Therefore, these catastrophic accidents can occur in your seemingly quiet neighborhood.

Whether you are riding alongside your child, they are with friends, or they are going to bike alone, make sure everyone in your household brushes up on bike safety basics so that this Bike to School Day on May 9th will be one that is accident-free.

Always Wear a Helmet

Not all cities or states require that bicycle helmets are worn, but they can be the difference between a serious accident with long-term disabilities and an accident one fully recovers from. Some states are in a big debate whether a helmet is useful in a crash.

Start with an Attorney You Can Trust

Attorneys are meant to be trustworthy. They are there to work as your advocate and ensure that you receive compensation for your injuries. If you have been injured, make sure that you hire an attorney with a reputation for honesty and integrity.

Most importantly, meet with that injury attorney and get to know him or her over a free consultation. This gives you a better idea of whether or not this attorney can represent your needs.

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Uncategorized https://www.lawterritory.com/blog/bike-to-school-day-staying-safe-on-the-road/ https://www.lawterritory.com/blog/bike-to-school-day-staying-safe-on-the-road/ Editor Thu, 14 Jul 2022 23:35:29 -0400
6 Mistakes to Avoid in a Car Accident Claim One of the most common means of transport is the use of motor vehicle. Cars might be a source of blessing and equally a source of curse. There has been a rise in the number of accidents in the recent past. Accidents may occur due to negligence or act of rogue road users. If you are involved in a road accident, you may end up suffering emotionally, physically, mentally or financially. One major question you will struggle to answer is whether there is room for compensation. The beauty is that the law allows you to be compensated by either the offender or your insurance company. It is important to know how to go about when claiming after a car accident. Below are some major mistakes to avoid when making a car accident claim.

1. Taking too long before hiring a lawyer.

You should not take long to hire a lawyer after an accident. This is because you need compensation and the longer you take will mean that your insurance company may reject your claim if it takes longer. The car accident attorney will quickly take you through the process of filing your claim and help you avoid mistakes commonly done. The lawyer will also keep in communication with your insurance company to first track the process.

There are many ways to find a talented lawyer in your area. You can start by searching Google and reading reviews of attorneys near you. For instance, if you’re trying to find the best car accident attorney in West Palm Beach, try searching that phrase and looking at the Map to compare law firms in the vicinity.

2. Giving your insurance company too much information.

The interest of the insurance company is to make a profit by ensuring they save every coin that comes in. Therefore, when claiming after a car accident, you should be keen to avoid feeding your insurance company with too much information. They should not be entitled to too much, and neither should you give a recorded statement. In any case, you should give your basic information. It is significant to note that the law requires you to inform your insurance company when you are involved in a car accident. However, provide the necessary information, and don’t go overboard. The best way to handle your insurance company is to hire a car crash attorney who will negotiate with your insurance company on your behalf. The attorney is in a position of avoiding the mistakes that you are bound to commit.

3. Failure to get a police report.

According to Harris Personal Injury Lawyers, you should never put the police out of the equation when involved in a car accident. This is because, at the point of claiming, the information gathered by the police at the scene of the accident will be of great help in the compensation phase. The police report is the evidence that your attorney will use for liability establishment after the accident.

4. Avoid medical attention.

When involved in a car accident, you should seek medical attention immediately. This will help you to know whether your body has been affected internally. Equally, when claiming the medical report from the doctor will be important evidence of your involvement in an accident. Failure to seek immediate medical attention means that your insurer might claim you got the injuries elsewhere and may not compensate you.

5. Failing to document at the scene of the accident.

Details about the scene of accidents should be well documented for evidence purposes. At the scene, you should take photos of your vehicle’s external damage, its position after the crash, the road condition, the debris, skid marks and many others. These are physical evidence that your attorney will use to help you in the claim process. Notably, you should take the details of witnesses at the scene.

6. Agree on a quick settlement.

You should never accept a quick settlement by your insurance company when still undergoing medication or assessment of the accident. A majority of the insurance company would want to compensate you early enough which in most cases will not match to the total deal you would have incurred at the end of your treatment. Therefore, it is wise that you engage your attorney who will help you follow the right channel and help you get your full compensation.

The above-discussed 6 points are helpful in case you are thinking to claim compensation after a car accident.

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Uncategorized https://www.lawterritory.com/blog/6-mistakes-to-avoid-in-a-car-accident-claim/ https://www.lawterritory.com/blog/6-mistakes-to-avoid-in-a-car-accident-claim/ Editor Tue, 28 Jun 2022 23:12:39 -0400
5 Signs You Have a Strong Car Accident Claim Car accidents can happen at any time, with few warning signs beforehand. However, suppose you're in an accident and feel it was not your fault, you may want to pursue a legal claim. The first thing you should do is consult your state's laws on car accident claims. You may have a strong claim if you've done that and are deemed not at fault by law. Here are some signs that might indicate you have a strong case for a car accident claim.

  1. The Other Driver Did Not Stop and Offer Any Explanation

According to mgalaw.com, it is against the law in nearly every state to leave the scene of an accident without offering any explanation. If the other driver didn't stop or left the scene when you asked them to provide their information or refused to share it with you, it's possible that they were distracted while driving, or they may have been driving while impaired by drugs or alcohol. All these factors will come into play if you're considering filing a claim for damages against another driver.

  1. You Called the Police Immediately After the Accident

If you called the police immediately after an accident, this strengthens your case for damages. The police department may be able to provide you with a record of the accident's severity, which will be helpful when determining what you can claim. The police may also be able to provide witnesses who saw what happened and statements from the drivers involved.

  1. You Needed Medical Treatment or Sustained Ongoing Disabilities and Injuries

Doctors are trained to look for warning signs of long-term injuries in those who come in after a collision, but if they didn't see any, it doesn't mean you don't have a case. If you sustained a disability or injury that has not only caused you pain and suffering but also impacted your life, it might be easier to prove that the accident was a cause. It is also important to remember that these injuries might not have been detected immediately after the accident.

  1. The Accident Occurred Due to Negligence of the Other Party

It's possible that the accident you were involved in resulted from another driver's negligence. Even if you feel that it wasn't your fault, it's possible that the other party had been driving or was wearing their seat belt incorrectly or failed to see you. The police can access the scene and know who was at fault immediately after the accident.

  1. You Documented the Accident Scene as Evidence

If you were in an accident and it is possible that you missed a critical injury or witnessed an egregious accident, you might want to document the site or note what was going on at the scene. If this happens, it will be helpful when gathering statements from other witnesses or presenting your case in court. You might have witnesses who saw what happened and will be able to support your claim.

Managing a personal injury claim is complicated and involves many steps. You need to understand what is at risk, the process you can use to make your case, and how you will be able to repay any damages that are awarded. Remember that if you have been injured in an accident caused by the negligence of a driver or party involved, you may be entitled to compensation no matter what.

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Uncategorized https://www.lawterritory.com/blog/5-signs-you-have-a-strong-car-accident-claim/ https://www.lawterritory.com/blog/5-signs-you-have-a-strong-car-accident-claim/ Editor Mon, 20 Jun 2022 04:47:25 -0400