Law Territory: Blog Law Territory: Blog Copyright by Law Territory en Law Territory Thu, 21 Oct 2021 20:09:55 -0400 Do Bankruptcies Clear Evictions? You have an eviction on your credit reports and are wondering if a bankruptcy will clear it off your credit report. A bankruptcy simply does not remove an eviction from your credit report. A bankruptcy can however address any debt owed to the landlord. When you call a bankruptcy attorney in Selma or wherever you live one can usually give you a consultation and go over how this works in more detail.

Any rent owed to a landlord following an eviction is considered unsecured and will be discharged as an unsecured debt in a Chapter 7 and a Chapter 13. If there is debt owed to the landlord based on willful and malicious damage to the rental property, the landlord could file a lawsuit in the bankruptcy court asking to prevent the debt from being discharged.

You may also ask what if I’m currently in an eviction proceeding. The bankruptcy will affect how the eviction proceeds. If the eviction is a pending case, the bankruptcy will stop the eviction process moving forward at least temporarily. However, the landlord can file a motion with the bankruptcy court asking to have the bankruptcy court’s automatic stay lifted and allow the eviction to continue. 

If the eviction is still a pending case, you may be able to pay the past due rent as part of your bankruptcy plan in a Chapter 13 plan while still keeping the current rent due. If a judgment for possession has been issued, it is likely that you will have to move out of your rental unless you can pay the past due rent to the court within 30 days. Your Chapter 7 bankruptcy attorney should be able to help you through the process no matter whether you’re trying to stay in the rental unit or get out and discharge the debt.

Uncategorized Editor Mon, 04 Oct 2021 07:07:57 -0400
Top 5 Documents to Make the Claim Process Easy After A Car accident

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Accidents are inevitable throughout a motorist’s life. Even the most careful of drivers will at one time get into an accident at a certain point in their lives. The most imperative action to take when you get into an accident is to ensure that you notify the authorities and that you also get medical attention.

In addition to these, you may need to make accidental claims. To make the claim process easy you will need to have some documents. One of them is the police report document that you will need when making a claim.

What to Do Immediately After an Accident

If you are involved in an accident, you have a legal requirement of not leaving the scene until authorized. However, there is an exception if you need emergency medical care.

If an emergency medical check is not required, you will need to stay at the accident scene to offer aid and give all the required information. If there are no police at the accident scene, you have the legal responsibility of calling them at the scene.

At the scene of the accident, the police will write a crash report. Make sure you get the crash report from the officer for your claiming process.

The next necessary action is to make sure that you contact your insurance company. You may not give them all the accident details, but letting them know that you were involved in an accident is crucial. Your lawyer will provide them with all the details they need later.

The 5 Documents that You Need for the Claiming Process

Now that it is time to claim for the damages caused, what do you need? Do you need a police report to file a claim? Yes, you may need a police report when filing for a claim. If you don’t have it, you can still file for a claim, but the claiming process would be a difficult one.

1. A Police Report

A police report is not a legal requirement when filing for a claim. So you will not be prohibited from filing a claim if you don’t have a police report. However, it is a legal requirement that you report most accidents to the police once they happen.

The best thing you can do now is report the accident and request a copy of the police report. Without it, the insurance company may make it difficult for you to receive your total compensation.

When filing for a claim, the insurance company will strictly scrutinize your claim, so a police report is a good piece of evidence.

2. Photos

While at the accident scene, make sure you take pictures of the whole scene and take as many as possible. As mentioned, the insurer will heavily scrutinize your claim, and therefore having some images at your disposal could greatly help in the claiming process.

3. Written Document of the Scenario

Your memory may fail you when you are filing a claim. Do not rely on what you remember to make a claim. At the scenes of the accident, write down every possible detail, including the weather. All of this information will help, especially when the insurance is asking questions about the accident.

4. A document Containing  the Other Driver’s Information

If the accident involves another driver, the insurance company will require information about the other driver. Information includes their name, license number, and policy number, and also VIN number is possible.

5. Copy of Your Driving License

Make sure that you have your driving license copy before you start making a claim. If, for one reason, you do not have it, make a point of getting it beforehand.

Uncategorized Editor Sat, 25 Sep 2021 09:27:50 -0400
How to Get the Best Compensation after a Birth Injury Lawsuit

Many people are unaware of the myriad ways to collect compensation after a birth injury lawsuit. For example, some people do not know about statutory damages, one of the most common forms of compensation. Statutory damages are a set amount of money given to a person or a family after a birth injury lawsuit. The amount is based on the severity of the child's injuries, and it is meant to help pay medical bills and cover any other costs that help a child heal.

Statutory damages are usually structured in a way that is based on the child's age, the severity of the injury, and medical treatment. If the child receives very little or no medical treatment after their birth injury, then the amount of statutory damages is usually reduced. Statutory damages are often used in cases involving injuries to children because doctors typically do not cover enough medical expenses after a birth injury. Statutory damages are also used in cases involving congenital disabilities to help pay for any other costs incurred by the family.

You don't have to pay legal fees if you win your case

Some people are unsure how to collect compensation in a case involving a birth injury because it is a complicated process requiring a lawyer. A birth injury lawyer will usually work with a client to prove that a child's injuries were caused by medical malpractice or negligence. The client can then testify in court and provide jurors with detailed information about their case. A client needs to remember that they have to be calm and provide as much evidence as possible about their case. This will help a lawyer have a better chance of winning the case.

If a client can prove that the injuries were caused by medical malpractice, they will not have to pay for their lawyer's services. The money will come out of the person or persons who are found guilty of malpractice. Many people are often shocked to find out that they do not have to pay their lawyer for services because the money they receive will usually cover all lawyer fees.

The best-case scenario is you begin compensation after the verdict

The ideal outcome of a birth injury case would be to win the lawsuit and receive enough compensation to cover all medical bills and extra costs. Most people usually go through this process because they want to ensure that their child gets the best quality of life possible. If you cannot collect the compensation that you need after a child's birth injury, you can always appeal the decision. Appeals are an opportunity for more evidence to be presented to the court.

The outcome will always depend on the case at hand, but you can never count yourself out of a case involving a baby injury. Many people are sometimes shocked to find out that they can appeal the outcome of their case, but this does not mean that they should give up after one outcome.

Uncategorized Editor Tue, 07 Sep 2021 02:51:47 -0400
Personal Injury Lawyers, How They Act On Your Behalf Although very few people stop to think only about the physical damage they receive from negligent acts, it is worth remembering that it is also important to speak with experts about the psychological trauma that remains. A car accident, for example, can leave injuries or trauma, but also a great phobia of driving again.

All of the above is considered a personal injury, and therefore, a claim seeks to obtain compensation that covers the expenses of external things (or materials) as well as the bad memories that stay in our head.

It is important to treat mental wounds after having managed to heal the physical ones, which are undoubtedly the priority.

It can be a long, exhausting and not very pleasant process, but it is necessary to go through a lawsuit to know that there is justice and that we can be rewarded.

Top activities an injury attorney performs to help the victim

Although it is normal to seek to make the plaintiff pay for his lack of responsibility, there are many things that must be taken into account before making the leap to court.

Your personal injury lawyer has the authority to handle the case at his own time and conditions, so it is important that you hire his advice.

Another really important point to know is that you do not go alone to this legal adventure, it is more advisable that an expert lawyer put the cards on the table beforehand before the insurance company, at your place of work, or wherever the incident occurred. incident and then you can decide to get involved.

What options does the personal injury victim have

As we have mentioned in other spaces, your lawyer knows very well what to do and when is the right time to do it. In other words, only this class of professionals can better define (in technical words that seem invented) everything that you can opt for in reimbursement.

That is, they will very elegantly demand that you be reimbursed an amount of money with which you can deal with all the circumstances derived from your personal injury.

Such as lost wages due to not being able to attend work, babysitting expenses due to the inability to take care of your children, medicine bills, transportation payments, therapies, and everything that can be verified has been caused by the excesses of a third party.

Compensation for psychological damages

These types of injuries also fall within the lawsuit of monetary compensation to compensate the injuries. There are terms that may seem to be irrelevant but in reality they do, and these are suffering and pain.

Both are perfectly understandable when we see how our lifestyle changes in the face of an accident that leaves us with a facial malformation, with fewer limbs or the inability to walk again, for example.

In these cases, the psychological repercussions are so serious that, like surgery, they must be treated with precision by a specialist. And although the money earned in the lawsuit is used for physical recovery, without realizing it this also helps you improve internally.

Psychological illnesses that people with personal injuries can suffer

None of us are exempt from suffering a personal accident, but it is in our hands to take the necessary legal actions that help our well-being, both monetary and psychological. Therefore, successfully obtaining compensation in court (or outside of it) can be the first step to overcome situations such as:

  • Depression
  • Short temper or lack of appetite
  • Feelings of panic
  • Isolation
  • Self-destructive thoughts
  • Dependence on drugs or other people
  • Trouble sleeping
  • Low self-esteem
  • Not feeling empathy
Uncategorized Editor Mon, 06 Sep 2021 04:29:37 -0400
Should I Get A Lawyer For A Car Accident That Wasn't My Fault? Hiring a lawyer is not compulsory when you get involved in a car accident. But even if the accident is not a major one, a lawyer could be your best bet. Your lawyer would have the professional knowledge and skills to support you when your accident involves critical issues or conditions. Even if you are not at fault for an accident, you could still have to prove your innocence to the state and insurance companies. A reputable car accident attorney could also ensure you get a fair outcome in court. 

The Accident Caused Significant Losses

If you or a loved one suffer major physical injury or significant property loss due to an accident, then a discussion with your lawyer could definitely help. Irrespective of whether you were at fault or not, you could still find it tough proving your innocence without the support of an attorney. The situation could get dire when there are losses as a result of the crush. Experienced lawyers could then be your best choice for relevant legal representations. 

Insurance companies from the parties involved could try to minimize or even deny your claim when the amount in question is substantial. A personal injury attorney could review any settlement offers from the at-fault party and ascertain if it is in your best interest. This is crucial as such offers might need you to agree to no future claim against the at-fault party. Accepting an unfair settlement could put you in a situation with no recourse available.

If The Accident Results In Fault Dispute

Sometimes there could be multiple cars involved in an accident. This could create more questions as it may be hard to determine who is at fault. Insurance companies could insist on private investigations to save their clients from the blame for such accidents. If the damages are huge, you might need your lawyer to handle such investigations and negotiate with the insurance agencies. They are trained in this and are in a good position to prove your innocence. Accidents, where the faults are in dispute, have many legal limitations that need an experienced and qualified person to deal with them, such as an accident lawyer. 

The Insurance Company Denies Your Claim

Most insurance companies try to avoid settlement payouts as much as possible. These are not the easiest to deal with if you are not trained or lack legal knowledge. They could try to either convince you for a minimum settlement or deny your claim on some legal grounds which could not be known to you. Your lawyer could handle insurance adjusters better by presenting acceptable pieces of evidence and arguments in your interest. Insurance companies might also try to downplay evidence to hold you at fault in situations where third-party claims come into the picture.

Your State Laws Could Make Things Critical

Many state laws differ to some extent in handling car accident damages. Although negligence is considered the basis for liability in such accidents, it does not always apply to a single driver as the person at fault. Many good lawyers would recommend an out-of-court settlement in these situations, which would leave all parties content but not necessarily satisfied. 

However, the court could need to evaluate apportion liability following the laws of that particular state when these cases go for a trial. Your personal lawyer could play a big role in both scenarios, be it in court or out-of-court negotiations. Courts consider two theories of negligence for car accident claims:

  • Comparative negligence considers each party’s responsibility in an accident for settling damages in similar ratios.
  • Contributory negligence refers to a plaintiff’s failure in exercising care for safety as the cause of an accident. There could be a fair chance of claim reduction for the plaintiff if their carelessness majorly affects the cause of such accidents. 

Insurance companies also keep these rules in mind while they negotiate with you for a settlement. So, your attorney by your side might just give you an advantage during such circumstances.

What Could Happen If I Don’t Hire A Lawyer?

Although you don’t need to hire a lawyer for your accident claim, some things could work against you. Here are some major setbacks that could happen:

Delay In Payment By Insurance Agency

Insurance companies are for-profit entities and want to settle with the payouts possible. But you could need the settlement to pay your medical bills after you meet a major car accident. You would also need money to repair vehicular damages as well. The at-fault insurance company party might try to drag your settlement for months in the absence of your lawyer. Your lawyer could know professional ways to force them to pay you much quicker.

Insufficient Claim Settlement

You could need your lawyer to assess any settlement offers from insurance companies. They might find such offers insufficient to cover all your immediate and future losses. A lawyer would consider your medical expenditures and any future treatments you might need before presenting your claim for settlement. This ensures that whatever claim you settle for should be sufficiently fair in your best interest.

Incomplete Investigations

Sometimes your claim settlement in an accident could need further investigations to analyze fault and other conditions. Your lawyer may have a team of experts for these investigations. They could ensure the collection of all essential pieces of evidence to make your claim legally stronger and more imposing to the insurance companies or in the court if needed. Investigations are a major part of car accidents involving multiple parties. It becomes critical to identify the party at fault and the ratio of blame to spread for the accident. A lawyer would know better what evidence from an investigation could work for your claim by his legal experience and save on time and effort on your part.

Uncategorized Editor Mon, 12 Jul 2021 06:53:58 -0400
If You Do These 4 Things, You’ll (Probably) Never Need to Hire an Investment Fraud Lawyer The following is adapted from The Investor Protector.

I’ve been an investment fraud lawyer for over 20 years. In all that time, do you know what my biggest wish has always been? That one day, my job will be obsolete. Nobody will need to hire me, because nobody will be the victim of investment fraud.

While it doesn’t seem like that day is coming anytime soon, there are some things you can do to make sure you never need to hire me (or any investment fraud lawyer, for that matter). These simple steps are highly effective when it comes to protecting yourself from unscrupulous advisors. 

I’ve been doing this a long time, and in my estimation, if people consistently used the strategies I’m going to share with you, the number of cases I see would drop by more than 50 percent. You read that right: these easy strategies would protect more than half of the investors who find themselves swindled out of their life savings. 

So what do you say? Willing to take just a few minutes to protect yourself from bad advisors who would like nothing better than to steal your hard-earned money? Then what are we waiting for? Let’s dive in.

#1: Do Your Homework

The first step to protecting yourself from financial fraud is to research the broker and firm that you’re planning to work with. You can go to BrokerCheck and look up any broker by name or CRD number. In my opinion, this is a great first step when it comes to hiring a financial advisor, but unfortunately, it’s one that many people fail to do.

BrokerCheck—which is free to use—will show you the list of brokers that have been barred from practicing and tell you if your potential broker has any judgments or suits against them. You can also ensure they’re properly licensed, get information on a broker’s employment history, and much more.

The best part is you can do this research from the comfort of your couch. It only takes a few minutes, and it will give you quite a bit of information about the person you’re planning to hire.

If you see any red flags, obviously you should reconsider working with that particular broker. If you have specific questions about anything you see on BrokerCheck, you can contact the person’s supervisor to discuss it (or you can just move on to your next candidate).

#2: Meet Face-to-Face

After you’ve researched your potential advisor on BrokerCheck, the next step is to meet with the potential advisor face-to-face (or, if necessary, on Zoom or another virtual meeting platform). Why should you take the time to meet in-person?

It’s common for fraudulent advisors to represent themselves as part of a particular firm. By meeting with them in-person, you can get a feel for whether they’re telling you the truth or not. Do they have a legitimate office? Is there evidence that they’re with a real firm?

Before you hand over hundreds of thousands of dollars, make sure the story they’re giving you matches reality. With all the advisors out there, there’s no reason to invest with someone you can’t meet face-to-face, and you should go to them instead of having them come to your house.

If they’re reluctant to let you come to their office, or if anything about their workplace seems off, I strongly suggest you reconsider working with them.

#3: Ask Detailed Questions

Before you sign on to work with a broker, make sure you ask them some detailed questions. What licenses do they hold? Where are they licensed? How long have they been in business? Cross-check their answers with what you found in BrokerCheck to verify they’re telling you the truth. 

If everything checks out, then ask them for a few references. Make sure to follow up with the people they put you in touch with. Are they satisfied with the advisor? How long have they been working with them? Have they had any issues? 

Finally, do a Google search to look up the advisor you’re considering working with. Again, look for anything that seems off; remember, it’s better to avoid investment fraud altogether than find yourself in a situation where you potentially need to hire an investment fraud lawyer to help you recover money that’s been stolen from you.

#4: Choose Someone From a Large Firm

I know these tips are all about protecting yourself so you never need to hire an investment fraud lawyer. However, this last tip will help you protect yourself should something go terribly wrong. Make sure you work with an advisor who’s affiliated with a firm that has enough assets to pay out any claims in the event you do get defrauded. 

I just tried a case on behalf of a 74-year-old retiree widow who invested money with someone she and her late husband had known their entire lives. This person, who operates a tiny, one-person shop, defrauded her out of about 40 percent of her life savings. 

This advisor doesn’t have any money—they’re too small. So, even though I won the case, the chances of collecting everything owed to the widow is slim, because this one-person firm has such a minimal amount of assets.

To find out if a firm has sufficient assets to pay any judgments, talk to multiple people and do some digging online. Talk to different advisors, follow up with their references. By talking to different people, you’ll be able to gather as much information as possible so you can make an informed decision about whether this advisor and this firm are right for you.

Decrease Your Chances of Being a Victim

The best-case scenario is that you never need to seek counsel from an investment fraud attorney. To help decrease your chances of becoming a victim of investment fraud, make sure you arm yourself with as much information as possible before you hire an advisor. 

Obviously, there are no guarantees that you won’t get duped by an unscrupulous advisor. However, I can promise you that if you take the time to research your potential broker through BrokerCheck, meet with them in person, ask as many detailed questions as possible, talk to references, and make sure they’re with a large firm, you significantly increase your chances that you’ll never need to hire a lawyer like me.

For more advice on how to protect yourself from investment fraud, you can find The Investor Protector on Amazon.

David Meyer is the managing principal of Meyer Wilson, a national law firm he founded to represent investment fraud victims in their fight against deceptive brokers. Meyer Wilson is one of the nation’s leading investment fraud firms, recovering millions of dollars for clients throughout the last 20 years. David is currently the president of two bar associations: the Public Investors Advocate Bar Association and the Ohio Association for Justice. Included in The Best Lawyers in America®, David has also been twice named “Lawyer of the Year'' by the publication in his practice area and location. For more information about David’s investor claims law practice, visit

Uncategorized Editor Wed, 07 Jul 2021 23:11:30 -0400
What is an Auto Accident Lawyer?

 The world out there is full of all sorts of dangers, and so most of us do the best we can to avoid them each day. There’s a reason your parents told you to look both ways before you cross the street, just like there’s a reason most people are instinctively a bit cautious about flimsy bridges. Though for all the dangers we can avoid, there are just as many things that we cannot avoid, like the negligence of someone else. Millions of accidental injuries occur every year because some other party was negligent in some way. The most common area these accidents happen is with automobiles. You might be driving safely and fully alert, but another driver may not be.

 Getting into an automobile accident can upend your life in so many different ways. This is why everyone should seek out a qualified auto accident lawyer to help them navigate through this field. Of course, lawyers have a bad reputation in some circles, and most of this is just colloquial stereotypes. The point being: You might be wondering what an accident lawyer is and what they do. Let’s go over some of this information below.

The Accident Attorney

 An accident attorney is a trained and licensed professional who deals in an array of accidents. This is a type of civil litigation, and these lawyers are not responsible for handling any sort of criminal charges that may be levied due to an accident. Most commonly, these litigators handle medical malpractice, workplace accidents, and automobile accidents. By and large, these lawyers work by building a case that illustrates the victim’s innocence and the other party’s negligence, and thus they go after remuneration, typically in the form of monetary settlements. Generally speaking, they will be dealing with insurance companies and the lawyers they hire, so an accident lawyer is a very skilled individual who’s able to swim with those sharks, so to speak.

 An auto accident lawyer is something you definitely need if you have been involved in an accident due to another party’s negligence, and here are a few reasons why.

Reasons to Hire a Qualified Accident Attorney

1: The Best Lawyers are Risk-Free for You

 The first reason that you should really consider getting a qualified accident lawyer is that there’s really no risk to you. You will not have to pay anything upfront for their services and representation. What happens is that the lawyer will look over your case, and if you’re truly the victim, they will represent you without any upfront payment and then work out a percentage of your settlement. So, there’s no initial financial risk going in.

2: They Can Navigate These Waters

 The waters here are also very tough to navigate. Do you even know how to reach the people in charge of someone’s insurance company, much less negotiate your way through such a claim? There’s a term associated with this—for people who go at the companies themselves without lawyers—it is said that they will “eat you for lunch.” These are definitely some cutthroat people here, and a good lawyer knows how to navigate the waters.

3: They Handle the Casework

 There’s also a lot of material involved with your case. There are all sorts of things like police reports of an accident, witness statements, the statements and evidence stemming from the responsible party, and whether or not they were charged criminally. Then there’s the accident recreation, whereby you, as the supposed victim, have to actually prove that the accident was the other party’s fault, and so you could be dealing with a whole lot of material you’re entirely unfamiliar with.

4: You Can Get a Bigger Payout

 Perhaps the best reason to go with a qualified accident attorney is that you can end up getting a much bigger payout. On your own, if the insurance company knows it wasn’t your fault, they will send by someone known as an “insurance investigator,” and this person’s job is to entice you into taking a very low settlement that doesn’t really cover anything. A good lawyer is going to make this settlement grow exponentially, and you will receive a lot more money.

 Yes, it’s true that you need a lawyer, but it’s also important to remember that not just any lawyer will do. Make sure you’re going with the most qualified accident attorney you can find in your area.

Uncategorized Editor Sun, 20 Jun 2021 07:24:42 -0400
Why Do You Need a Car Accident Attorney? If you have been involved in an auto accident, there are several reasons to consider hiring a car accident attorney.

In the vast majority of car accidents, a victim can significantly benefit from hiring aManchester, CT car accident attorney to represent their rights and interests.

Below, we will discuss why you need an attorney following an auto accident in Manchester, CT.

Five Reasons You Need a Car Accident Attorney

If you have been involved in a car crash, there are at least five reasons to hire an experienced attorney to handle your claim and help you get the compensation to which you are entitled.

They will investigate your car accident case

In some cases, liability for the car crash is clear almost immediately. However, other car accidents may require in-depth investigation to determine who was at fault and who should be held responsible for the collision.

Your attorney will conduct a thorough investigation to gather evidence to determine how the crash occurred and whose fault caused or contributed to the collision.

They will handle the claims process

When you are represented by an auto accident attorney, you do not need to worry about the legal aspects of your case and can focus on your medical treatment.

It is not uncommon for insurance companies to take advantage of the claimant’s lack of legal knowledge to pay them as little as possible or deny the claim altogether.

When you have a knowledgeable lawyer in your corner, the insurance company is less likely to delay the claims process, violate your rights, or make a low-ball settlement offer.

They will assess your damages and losses

Evaluation is an essential part of the claims process after a car accident. The amount of money you can recover following a motor vehicle crash depends on the type and severity of your injury and the extent of damages.

A skilled lawyer knows how to properly assess all of your damages and losses to ensure that you receive fair and full compensation for your injuries.

They will negotiate on your behalf

The success of a car accident claim hinges on the claimant or their lawyer’s ability to negotiate. When an insurance company sees that it is dealing with a claimant who has no legal experience and negotiation skills, the insurer may attempt to settle the claim for as little as possible.

Your car accident attorney will prevent the insurance company from undervaluing your claim by using their expertise and skills to negotiate a fair settlement offer.

They will file a lawsuit

While most car accident claims are settled out of court, some cases go to court. If that is the case, you need an experienced attorney on your side to help you prepare a strong case and file a lawsuit to fight for the compensation you are entitled to.

Consult with a Manchester, CT Car Accident Attorney

Our skilled car accident attorneys atBerman & Russo have decades of experience winning personal injury cases and recovering compensation for car crash victims and their families in Manchester and other parts of Connecticut.

Our Manchester, CT car accident attorneys are committed to fighting for your rights and helping you recover the compensation you deserve. Schedule a free case review by calling 860-644-1548 or visit ourcontact page.

Uncategorized Editor Fri, 18 Jun 2021 03:43:39 -0400
If You’re Negotiating Your Own Insurance Settlement, Avoid Making These Mistakes The following is adapted from Not a Good Neighbor.

There are some people—many of them lawyers—who will tell you that you need to hire an attorney to represent you if you’re in a car accident. However, that’s not necessarily true, and in fact, many times you can negotiate a fair settlement without legal counsel.

If you decide to negotiate your own settlement, though, you need to avoid making some common mistakes. Any one of these mistakes—whether it’s letting your negotiations drag on too long, failing to keep accurate records, not getting proper medical treatment, or seeing the wrong doctor—can sink your case.

Because I want you to get the best settlement possible, I’m going to give you my perspective—gained through decades of representing clients in accident cases—for each of these things. I think, once you understand these common errors, you’ll avoid making them yourself, and you’ll be able to present the strongest case possible to your insurance adjuster.

#1: Allowing Your Negotiations to Drag On

One of the biggest mistakes you can make when negotiating your own insurance settlement is allowing your negotiations with the adjuster to go on too long. Negotiations can last as long as you allow, and the insurance industry is happy to keep your money as long as they can so they can continue earning on the investment they have it in. 

You must keep in mind that there is a statute of limitations on personal injury cases. It varies from one to six years, depending on the state you live in and what type of action you need to bring. You must keep your eye on that date so your negotiations don’t stretch beyond it and you wind up not getting anything.

Try to get the negotiations over as quickly as possible. Go in with clear goals and a timetable, and understand that you aren’t going to get full value for your case. Know what you are willing to settle for and try to get the adjuster there as quickly as possible.

#2: Failing to Keep Good Records

Another major mistake—and one of the worst things you can do when you’re negotiating your own settlement—is failing to keep good records of your expenses. Every doctor’s appointment, every parking meter, every aspirin purchase must be recorded, and you have to hold on to the receipt. 

You must have data, and you must have proof. Adjusters and, if the case goes to trial, lawyers may ask to see that proof. So make sure every receipt and every piece of paper are in a safe place. Remember, if you don’t have proof of an expense, it’s like it didn’t happen, and you can’t ask for reimbursement as part of your settlement.

#3: Failing to Get Proper Medical Treatment

Another huge mistake is failing to get proper medical treatment. This commonly happens when people downplay and undervalue their injuries. 

They don’t understand what’s happening to them medically and what kind of problems they might develop in the future, and as a result, they don’t go to the hospital after the accident to get checked out and get medical treatment.

It’s crucial that you get a doctor to properly document your injuries. You must do this immediately, or an insurance adjuster can easily argue that the accident didn’t cause the injury. Plus, it’s very common for some injuries to be overlooked for a few days, because the adrenaline in your body covers up the pain immediately after the accident.

So, make sure, no matter how you feel after your accident, that you go to a hospital or urgent care center. This is vital to building your case, and it will support the settlement amount you plan to ask for.

#4: Seeing the Wrong Doctor

Along with getting your injuries checked out right away, it’s also important that you go to the right doctor. If you go to the wrong doctor, you run the risk that they’ll hurt your case. Doctors to avoid are ones that aren’t very sympathetic and refuse to see possible complications from your injuries.

Instead, you want to find a doctor who is very good at documenting your injuries and making sure you see all the specialists you need. To find a good doctor, contact a couple of local plaintiff lawyers and ask for a recommendation. 

Tell them that you’ve been in an accident, but before you hire an attorney, you want to set up the medical claim. Ask them to recommend a doctor who will be sympathetic to your situation. Most offices will be glad to help you. Every referral helps, and doctor referrals are great for the lawyer, the doctors, and the patient.

You Can Successfully Negotiate a Fair Settlement

Bear in mind that negotiating your own insurance settlement will take some time. Some of the steps may seem complicated, but the process itself is usually straightforward and manageable. 

By following the tips above, you can avoid making mistakes and instead stay focused on building a strong case. And that, in turn, will give you a much better chance of successfully negotiating a fair and decent settlement with the insurance company. 

For more advice on how to get a fair settlement without hiring an attorney, you can find Not a Good Neighbor on Amazon.

Brian LaBovick is a lawyer and entrepreneur who has earned more than $400 million for his clients after establishing his injury law practice in 1991. As one of two students selected to the prestigious Order of the Barrister as the outstanding litigator in his class at the University of Miami, Brian was hired by the US Department of Justice Honors Graduate Program after graduation. He is now CEO of the LaBovick Law Group, an advisory board member of Keiser University’s legal education division, a past president of the North Palm Beach County Bar Association, and former director of the Palm Beach County Justice Association.

Uncategorized Editor Thu, 03 Jun 2021 23:46:38 -0400
Does an Adult Need a Lawyer for a Dog Bite Claim? A dog bite incident is a serious personal injury case that needs to be thoroughly examined and addressed. Being of legal age makes you eligible to ask for consultation from a dog bite lawyer. Usually, dog bite incidents hide deeper negligence or training malpractice from the side of the dog masters. 

Since each dog bite incident is unique, a lawyer must act on your behalf to help secure your recovery. Trying to oppose the dog masters' false allegations without the help of a qualified lawyer is highly likely to end up in vain whether you are proceeding to a formal negotiation settlement or lawsuit. Here’s how an attorney can help you with a dog bite claim and speed up the recovery process. 

Deal With Other Party's Objections

The other party is always entitled to their opinion. The same applies to the dog bite cases, where your lawyer can listen to what the other side has to say and give them the right response. Even though dog bite cases involving adults rarely follow the litigation way, your lawyer can have your full medical records and present your injuries to the other party.

That will reduce their ignorance about your injuries and possibly make them decide to settle with you. An attorney should have the right communication training and experience to help them understand your demands and that any further delay would lead to filing a lawsuit.

Present Data Objectively

Lawyers know how to gather evidence from the dog bite scene and present the data precisely and objectively. If you tried to present the facts yourself, the other party could easily falsify them and try to oppose any allegation you may express. An experienced attorney and his legal team can present all data objectively the same way they would in a law court. 

Witnesses' testimonies from the dog bite scene and images gathered from security cameras could be strong evidence to prove the third party's liability for your attack. The objective presentation of evidence could eventually reveal the liable party’s role in your attack, whether by negligent act or omission.

Gather All Medical Bills Information

Right after being attacked by a dog, you may not be in the right state of mind to gather your medical bills for evidence. We understand you may be traumatized by the incident, and you need all the time you can get to recover. Medical expenses even after such an ordeal tend to be quite overwhelming. Between the tens of hospital visits, doctor’s appointments, diagnosis, and medication, you could surely use some financial help.

A qualified lawyer can gather all relevant invoices and present them to the liable party during the settlement negotiations. Having your medical records and bills handy can help you to positively predispose the other party's lawyers and insurers. Since you may not possess such legal skills, it would be best to seek an attorney’s help.

Talk to Vets and Investigate the Dog's Aggressiveness

With or without prior experience with dogs, it may be quite difficult to assess an animal’s hostility or aggressiveness from a distance. Your lawyer can talk to vets treating the dog involved in the bite incident and get access to its veterinary and medication records. In that way, you can prove the dog was mistreated, neglected, or not trained properly, all of which constitute a negligence case that another court for animal protection could prosecute. 

Most vets won’t give up their medical records because you walked in and asked nicely. Either way, you need this information to strengthen your claim. As such, it is in your best interest to have a lawyer represent you even if you feel your incident was minor.

Reveal Any Criminal Intent

Despite its rare occurrence, criminal intent is a reason for punitive prosecution of the dog master. Police reports may reveal that the dog master intended to harm you by letting his dog unleashed on a public street or a private property. Even though you cannot easily prove what happened, your lawyer can examine the case and receive testimonies from neighbors and friends. If the dog had no previous signs of aggressiveness, then there may be an underlying condition.

Dog attacks are as traumatic as they are painful. Whether you were bleeding profusely from your injuries or got away with a scratch, you must seek medical help. Hiring an experienced lawyer can guide you through the court process and help you get recovery.

Uncategorized Editor Mon, 31 May 2021 08:49:22 -0400
When You Lose Hearing at Work: How To Report And Protect Yourself

The workplace is quite dangerous, especially in the industrial sector. Employees may get injured at work. The types of accidents are various. One of the common is hearing loss in the workplace. This doesn’t mean that a person is getting deaf. He can just hear worse.

Typical symptoms of work-related hearing loss are:

  • Ringing in the ears (tinnitus)
  • Difficulty hearing the words of a person close to you at normal volume.
  • Buzzing sound in ears
  • Indistinct sounds at higher ranges
  • Roaring sound in head or ears.

If an employee experiences any of this because of the loud noise at work, it means that he faced a workplace accident and can count on compensation. It’s only logical to turn to lawyers (for example, from Moshes Law). They can help to report the issue. Moreover, lawyers describe all the possible options to receive compensation.

To save time and money, you should pay attention to those law firms that are specialists in their field. This is a very important point. Regardless of whether you need a good Foreclosure Attorney and even more so when it comes to your health. By contacting specialists, you will find out everything that interests you, and how many mortgage payments can you miss, and what to do if you have hearing loss in the workplace.

Before we discuss how to report the hearing loss at work and protect yourself from it, let’s understand what industrial hearing loss is. Basically, it’s a situation when a person gradually or suddenly experiences hearing loss because of the working environment. The ultimate stage is deafness. As the Centers for Disease Control and Prevention states, hearing loss is the most common work-related injury.

How to Report Hearing Loss

Reporting is vital to receive compensation for hearing loss at work. In order to do this, you will have to prove three factors:

  1. Hearing loss, confirmed by a qualified medical specialist. In order to be eligible for compensation, the hearing loss must reach at least 10%. The medical professional must provide you with an official medical report that details the extent of the injury.
  2. Proofs that the working environment is the cause of the injury. That’s a complicated issue to prove, yet it’s essential. You will need to provide solid evidence. It can be the appropriate documents about conditions in the workplace or witness statements from colleagues.
  3. Proof that your employer could have foreseen the accident but failed to take preventive measures. This can include management of the working conditions, as well as training and equipment.

How to Protect Yourself

The Control of Noise at Work Regulation that was introduced 15 years ago, in 2005, stipulates the employer’s responsibility for providing safe working conditions. An employer must strictly monitor the level of noise and control it. If there is no possibility of reducing it, the employer must provide employees with the appropriate equipment. Failure to do so can lead to legal consequences for the employer.

However, an employee also takes responsibility. First of all, he must wear the protective equipment and adhere to the safety rules. Basically, there are four ways of how the employee can protect himself from work-related hearing loss:

  1. Wear proper hearing protection (for instance, earplugs);
  2. Take regular breaks from noise even if an employee wears the protection;
  3. Work away from loud equipment when possible
  4. Regularly visit an audiologist.

Stay safe and take care of your health!

About the Author

Gennady Litvin, Esq. is an associate with Law Office of Yuriy Moshes, P.C. Mr. Litvin graduated Pace University with a Bachelor's Degree in Business Economics, and went on to pursue his Juris Doctorate at the University of Miami School of Law, where he was a proud member of the esteemed Business Law Review.

Uncategorized Editor Wed, 05 May 2021 23:08:13 -0400
Successful food chains might get in legal troubles for breaching their duty of care History has many examples of corporate failures. So far, mega-firms such as banks, capital management companies and fast-food chains collapsed due to unbearable legal problems. Under the laws, if someone is suffering a loss due to someone else’s failure, the liable party should compensate for the loss. For food chains, the end might come with a gigantic compensation claim. Food poisoning is unfortunately getting more common as the numbers of negligent businesses increase. Although the majority of food poisoning cases last for a few days, the more serious bacterium can cause permanent and painful damages.

Simple neglect actions can critical health conditions

The Personal Injury Laws states that those providing services or hosting for any purpose owes a duty to others. The duty is to keep the visitors, customers, patient and consumers safe. Although the duty of care covers a broad range of businesses, the aim of the duty is always the same. For businesses in the food sector, the duty of care can be breached quite easily if the business acts negligently. It is obvious that expired products can be harmful to the consumer. If the business ignores this fact, the conclusions can be harsh for the consumer, as especially meat products are lethal when expired. Salmonella and E. coli pose a great risk to those with weaker immune systems. Considering how simple it is to prevent such illness, being infected with Salmonella is surely a good cause to sue the business.

The duty of care for businesses

As a business, performing your legal duties aren’t much of a burden as the only thing required is to act reasonably. Just as a reasonable person wouldn’t serve expired food to his/her visitors, the same is expected from the business. Contaminated consumption goods are known for posing a great risk to those with weak immune systems and nephropathy. Being infected with salmonella, e. coli and the similar bacterium can lead to long-term diseases and this situation can be the beginning of many other difficulties. Due to inpatient treatment, the victim is likely to be unable to work. This situation can lead to financial difficulties that can be hard to withstand.

The duty of care also covers business place safety

Even if the business’s purpose is to provide healthy and clean food to its customers, the content of the duty of care isn’t limited to food safety. The duty of care covers every aspect of the business-consumer relationship. The whole time spent in the business place by the visitor should be safe. Accidents can occur even from the most unusual causes. There are countless examples in which the unheeded hazards caused devastating effects. Gas leaks, electrical failures in the decorative equipment, water leakages and unbalanced objects can be lethal to the visitor in case of a complication.

Food poisoning and public liability compensation

Due to foreseeable reasons, victims can sustain injuries and major economic difficulties due to these injuries. If someone else is responsible for these post-accident sufferings, there is nothing that prohibits you from claiming compensation. The laws are strict and easily understandable. These duties shouldn’t be breached as the conclusion can be tough. Under the personal injury laws, you can claim for your mental, physical and financial loss. Although the process seems complicated and requires attention to details, the final result is to be in your favour if you can support your claim.

Uncategorized Editor Wed, 24 Mar 2021 00:04:09 -0400
Psychological sufferings after an accident and what to do Emotional pain is a fact that cannot be denied as these sufferings will not let you work in full capacity and permanently decrease the joy of life. Fortunately, the emotional loss of the victim can be compensable. However, the loss and the ongoing effects on daily life should be demonstrated well and correctly. Under the laws, after a motor vehicle accident, a work-related accident and an accident in a public place, the victim can claim compensation for emotional distress.

How do personal injury laws apply to accidents?

What separates an accident from a crime is the intention of the action. However, sometimes an individual can intentionally delay or ignore their duties. Although the accident isn’t planned by the liable party, the victim can still sustain life-long injures and emotional distress due to these injuries. Laws state that these losses should be compensated. However, the necessary skills to demonstrate the victim’s condition should be applied perfectly.

Accidents can happen anywhere that one can imagine. On the other hand, the odds can be higher in crowded, messy and unmaintained places. As an example, in a workplace where the work conditions are way below the accepted standards, accidents are more likely to arise. This is because these ‘’acceptable standards’’ are purposely designed to sustain a safe working environment and protect the workers. Working under significantly dangerous conditions can lead to unfortunate events. Every reasonable person would agree with this.

In personal injury laws, the duty of care is a crucial factor that determines liability; and every claimant should acknowledge before giving a start to the claim. To briefly explain, almost every citizen in Australia owes a duty to each other. For businesses, employers, medical professionals and motor vehicle drivers, this duty is to value others and their safety by keeping the workplace suited to national standards, driving responsibly and respecting the rules, and applying obligatory treatment procedures.

Duty of care in medical professions

A thousand years ago, the average lifespan of a human was around 50 years. The medical possibilities were too limited that people sustaining major medical conditions were left to their death intentionally. Today, doctors can and do perform miracles. This is thanks to the ever-progressing science of medicine and the work ethics of the doctors. To be a good doctor, one should be aware of their responsibilities. Beginning from the university era, doctors and candidate doctors commit themselves to their dream professions. This is a fact that we should be grateful for. On the other hand, as mentioned before, accidents can happen anywhere. Even when you are already in need of treatment by a professional. For this reason, health workers also owe the duty of care to their patients. Mostly seen as surgical errors, medical negligence can be crucial to the patient’s medical condition. Additionally, birth defects due to delivery and pre and post labor complications are also at undeniable numbers.

The legal duty of employers

Employers are responsible for their workers and the workplace. As work-related injuries can also arise out of the workplace, indirect causes can result in major health conditions. Such as asbestosis, progressive diseases are likely to give the first symptoms years after the first exposure. Employers should eliminate all causes of these accidents. Even if the infected worker is no longer an employee of the same firm, the employer’s negligence can put them in trouble. Employer duties are simple and clear. Keep the workplace clean, eliminate the risk and distribute the necessary equipment to the workers.

Work accidents can arise even when the workplace is safe and the necessary care is taken perfectly. In this situation, the injured workers can claim workers compensation from the insurer. However, if the worker’s injuries arose from an accident in which the employer was negligent, the worker can claim work injury damages and the employer can face legal problems.

Uncategorized Editor Wed, 24 Mar 2021 00:03:16 -0400
How Many Kind Of Cases Do Personal Injury Lawyers Handle? There are several types of lawyer available all across the globe practicing in different areas of law. Though they are taught many areas of law but in the end they only practice and focus on one or two areas of law. There are lawyers that handle criminal matters, immigration matters, estate transactions, business transactions and personal injuries. When it comes to personal injuries, this term covers a vast variety of services and cases. They mainly cover cases that can unfortunately result in serious injuries or even death in some cases. They help injured individual and their families to put up against negligent individuals and companies. If you were surfing the internet for this reason then this article has got you covered. This article will guide you through how many kinds of cases do personal injury lawfirm handles.

Slip And Falls Cases

When it comes to handling personal injury, slip and falls without any doubt comes straight into our minds. This is one of the most commonly type of case that is handled by personal injury attorney. Regardless of a proper reason, one can hire an attorney and take a legal action if they slip on someone’s else property. One of the most common reasons are slippery surfaces, black ice and many more. As per the law, the premises owner should make sure that his property is safe for the public. If they fail to do so, one can simply charge and file a case against them with the help of personal injury lawyer.

Motor Vehicle Accidents

It doesn’t matter whether someone was taking an illegal turn or was someone drunk and driving. These types of accidents are as a bread and butter for the lawyers who practices these types of cases occasionally. After, slip and falls cases these are the cases that occur the most. One should be pretty much sure who’s at fault, if he isn’t then he should file a case against the driver right away. As long as you are not involved in the cause of crash, you have every right to sue the one who made it happen. You can take the help of personal injury lawyer to make the whole process go smoothly without any hurdle.

Medical Malpractice

If an individual receives medical care and instead of it getting better the condition worsens, one should definitely utilize their rights. Though one should remain vigilant as there are some areas which can define your case as medical malpractice case.Firstly, it is necessary that a certain damage has been done to you due to medical malpractice. Secondly the doctor practicing, should have proper or any type of certain standard of service. As long as you don’t have enough proof against them you can do nothing against them nor win a case. Personal injury lawyers are too good in pointing out the loop holes in the case which will make your side stronger. This is the reason why people prefer hiring them instead of filing the case by themselves.

Uncategorized Editor Fri, 19 Mar 2021 22:36:00 -0400
Is Bankruptcy and Option for Your Small Business? Traditionally, small businesses only had one option when it came to bankruptcy.  That would be Chapter 7 liquidation.  For businesses that wanted to continue as an operating business, they could only utilize Chapter 11, which is reorganization.  Chapter 11, of course, had substantial paperwork hurdles.  Now, we have a new choice - Subchapter V.

Subchapter V Bankruptcy

The Small Business Reorganization Act of 2019 created a new option called Subchapter V.  This process is a much more streamlines option.  The main goal of Subchapter V is to restructure the loans of the business to make it more viable to continue as an ongoing operating business.

This creates an opportunity for our business law clients to have an opportunity to create a business that can continue operating even after several shocks to the business.

Business Debt Limitations

Unfortunately, Subchapter V is not available to all small businesses.  There are a few key considerations and limitations, which includes a limit on the maximum amount of debt.  For nearly all small companies, this amount is $2,725,625 in unsecured and secured debt.


In April of 2020, Congress passed the CARES Act, which raised the debt ceiling to $7,500,000.  This ceiling increase is temporary but does increase the amount substantially.

As of today, this increased ceiling will revert back to the $2,725,625 on March 27, 2021.  If your business is struggling, then you must try and quickly determine whether this restructure is something that makes sense for you.  The streamlined filing can be a significant incentive to work out current issues, especially as the pandemic economic issued continue to unwind themselves.

Recent Business Issues

In the last several years, the economy has contributed to many small companies struggles.  Further, given the really low interest rates that exist, it has made borrowing money more attractive.  So, many companies (this includes corporations, limited liability companies (LLCs), s-corporations and partnerships) have gone further and further into debt in order to bring in additional cash flow to weather the economic storm.  As that loans have piled up, the overall debt load has started to create cash flow problems for those businesses.  So, having the ability to restructure those loans would alleviate much of that debt cash flow concern.


For struggling businesses, it makes sense to analyze whether your business needs to have its debt restructured.  If so, using the new Subchapter V and its streamlined filing process is an attractive avenue to keeping your business moving forward.  See more at

Uncategorized Editor Fri, 05 Mar 2021 08:39:49 -0500
When Should You Call An Attorney For A Car Accident? An accident can leave quite a heavy mark on your pocket and that too despite insurance. Interestingly, many do not realize how insurance companies tend to do injustice when recovering losses. Wise people do know that insurance companies are working in the best interest of shareholders. Thus they try every possible way of offering you quite a low-settlement.

Sadly, a victim is lost in one’s own trouble, failing to realize how insurance companies play with the entire situation, compensating just a fraction of the loss.

Interestingly, the companies rush the victims to sign a quick settlement which further puts pressure on them, resulting in signing the statement. All the troubles start from here, leaving victim to pay hefty medical bills and that too while missing the paycheck. One can get away with mounting up such financial problems by taking professional assistance. One should not shy away from hiring a car accident attorney who, without a doubt, works in the best interest of the victim. An attorney protects the victim against low compensation of insurance company if they are contacted as soon as the accident occurs. The victim has to take immediate measures following the accident. It allows the attorney to collect vital evidence for preparing a strong case. The time a victim takes to contact the car accident attorney decides the timeframe one is compensated for the loss. Take a systematic approach when incurred an incident. Let’s dig into the steps.

Step 1:

Without wasting a moment, alert police officials and the medical team of the place of the accident. Many people tend to skip this step, without realizing how invaluable the medical documentation and police report can be. Never underestimate the importance of medical information and their role in directing liability.

Step 2:

After contacting the needful, you have to gather some pieces of evidence yourself. Snapping pictures from the smartphone is not hard, so capture vital information: vehicle damages, traffic direction, license, and plates. These bits of information can come in handy for the car accident attorney handling your case.   

Step 3:

You are once done with collection pieces of evidence dive straight into contacting a lawyer. Instead of letting you settle for the peanuts, these attorneys will ensure that you get the compensation you deserve. Many people confuse themselves by equating filing lawsuits with hiring a car accident attorney—know that these are different things.          

Mistakes To Avoid

Apart from knowing what steps to take, a victim should know what they are not supposed to do, as it is equally crucial for establishing a strong case.

It would be best not to admit blame as it will weaken your case in a second. Apologizing after the crash indicates you are admitting fault for the accident. Many lawyers advice that even if you believe being partly blamed, keep such a confession secret.

Another common mistake that victims end up making is signing the insurance settlement without consulting the attorney. The insurance companies often pressure injured ones through binary options: accept or leave the deal. Never settle for such possibilities, instead be smart enough to speak to a professional car accident attorney.

Uncategorized Editor Mon, 01 Feb 2021 07:48:23 -0500
Are you at fault if you have a car accident caused by snow? If you believe that you can’t be at fault for an accident that occurs when the roads are covered with snow or even during an intense snowstorm, think again. All drivers have the responsibility not only to obey traffic laws, but to alter their driving to accommodate weather and road conditions. If anyone is seriously injured in a snow-related car accident, you will definitely need the services of an experienced car accident attorney to help you collect any damages you may be entitled to and to protect you if you are being sued by another party harmed in the crash.

Because driving regulations and fault/no-fault laws differ from state to state, you will have to contact a well-respected lawyer from your state who is familiar with its particular laws. The car accident attorney you ultimately choose should have a proven track record of success, both in and out of the courtroom.

What the Law Requires of Drivers in the Snow

Wherever you live, even if in a southern state where it rarely snows, you (as a driver) have a duty of care to other drivers and pedestrians no matter the weather. When there is snow falling and/or covering the road surface, the law (depending on the state) will require and/or expect to:

  • Drive at slower speeds than usual
  • Keep your windshields, windows, outside mirrors, and headlights as clear as possible,
  • Maintain more distance from the car in front of them than you normally would
  • Not make unnecessary lane changes or weave through traffic
  • Not brake suddenly except in an emergency
  • Be especially careful to avoid driving while intoxicated or distracted

Truck and bus drivers are cautioned to be particularly aware of driving with care. For one thing, these vehicles require considerably more braking distance. For another, trucks and buses are more likely to cause catastrophic injuries to other drivers and passengers due to their size and weight. It should be noted that if a truck driver or bus driver is found to be responsible for the accident, the company that hired, vetted, and scheduled that individual may also be held accountable.

Determining Fault in Snow-Related Accidents

Whatever state you live in, poor or negligent driving will not be forgiven because snow is falling.

Efforts will be made by the police at the scene and by insurance adjusters to figure out who was at-fault for the collision. In a no-fault state like Michigan, injured victims may receive Personal Injury Protection (PIP) benefits from PIP for expenses including medical costs and lost income. This is true regardless of fault. Fault will be a factor, however, if the injured person pursues an automobile negligence (also known as “third-party”) claim against the driver considered liable. This may occur if the injury is severe enough that  it reaches one of three injury “thresholds.” Damages in a third-party lawsuit are for pain and suffering (i.e., noneconomic damages) and some excess economic damages.

If you are deemed the at-fault driver in a car accident that takes place in the snow, it is imperative that you have a skilled car accident attorney who has handled such cases before. Your attorney’s job will be to defend you and protect your financial interests by proving that you were not at fault, or at least that you were only partially at fault, for the collision.

When More Than One Person Is to Blame for a Snow Accident

Every state uses one of the following principles to determine how damages may be won when some blame for the accident is attributed to each party:

  • Pure contributory negligence in which no damages are awarded if the plaintiff is deemed even 1 percent at fault for the accident.
  • Pure comparative negligence in which the plaintiff is permitted to win damages even if found to be 99 percent at fault for the accident. However, damages will be limited by the party’s degree of fault.
  • Modified comparative negligence in which the plaintiff will be barred from recovering damages where found to be more than 50% at fault.

Only South Dakota uses another principle, known as slight/gross negligence comparative fault. According to this rule, the plaintiff cannot recover damages unless his or her negligence is considered slight and the defendant’s fault is deemed “gross.”

How Fault Is Determined by Insurance Companies and the Courts

Generally, some allowances are made for weather when snow is part of the accident scenario, though the weather never exonerates negligent or reckless drivers. Insurance adjusters and courts take into account the following facts as they evaluate whether you are at fault for a car accident in the snow:

  • Road conditions and precipitation at the time of the accident
  • Speed of both (or all, in the case of pile-ups) vehicles
  • Witness statements
  • Photographic evidence
  • Testimony of those involved in the crash
  • Violations of traffic laws by either party (police may have issued a summons)
  • Dangerous driving by either party, especially in regard to the snow

These days, there is advanced technology to determine the speed of the drivers, the angles of impact (by examining the vehicle damage, tire tracks, and skid marks), as well as the blood alcohol or drug levels of the drivers. There may also be video footage of the scene by posted cameras, or private footage taken by passengers or other witnesses. Medical data confirming injuries suffered in the accident may also provide clues to precisely what took place.

Your Car Accident Lawyer Will Always Work in Your Best Interests

A sharp car accident attorney will investigate all of the above for details that will help to prove you were not at fault, or not the only person to blame. She or he will work hard to establish that you were obeying traffic laws and that you were driving cautiously because of the weather.

Your lawyer may also choose to hire an auto accident investigator with scientific engineering and automotive expertise who will be able to validate your version of events. Even if you are found to be at fault in a snow accident, a good attorney committed to your cause can appeal the ruling.

Uncategorized Editor Wed, 23 Dec 2020 22:41:16 -0500
Answers to the most important questions about divorce This article summarizes the most common questions and answers about a divorce for you. It should serve as a dictionary for divorce. You will receive precise answers and you can use the links to access the relevant specialist articles should you require more information.

The editorial team recommends reading the subject of divorce well, but also consulting a lawyer for an initial interview to clarify open questions and get advice. This is a low cost that definitely pays off.

  1. What is the process of a divorce?

The divorce process begins with the submission of the application for divorce or the divorce suit. A decision is made on the application for divorce. Depending on whether it is a uncontested or a contentious divorce, the process of a divorce varies. In the case of a disputed divorce, the consequences of the divorce must be clarified in follow-up processes.

  1. How do I file for divorce?

After the 6-month separation period has expired, you can submit the application for divorce to the responsible district court as part of a mutual divorce. A disputed divorce, on the other hand, is a divorce suit.

  1. What documents do I need for a divorce?

Your lawyer can tell you which Texas divorce papers online are necessary for your individual situation. In general, you will need the following divorce documents for your divorce:

  • Marriage certificate or stud book (certified copy)
  • Power of attorney for the lawyer
  • Marriage contract or divorce agreement
  • Appropriate forms for the approval of legal aid
  1. What is a divorce petition?

If the spouses agree on the consequences of the divorce, you can jointly file an application for divorce at the responsible district court. All personal details and reasons for the divorce are recorded in writing in the divorce application.

Among other things, the address of the district court, information about the spouses and the marriage as well as information about common children are important. In the case of a disputed divorce, however, a divorce suit must be filed.

  1. What is an uncontested divorce?

If the spouses agree on the consequences of the divorce, you can proceed with the divorce as part of an amicable divorce. In the divorce consequences, you can then put the relevant agreement in writing. A mutual divorce is the fastest and cheapest option in USA.

  1. Can I speed up the breakup?

It is not recommended to forego maintenance claims in order to expedite the divorce. Since it is difficult for the courts to understand when the marital partnership was dissolved, a separation can be accelerated by actually skipping the year of separation. However, it may be advisable to use the separation phase as a detailed preparation for the divorce.

  1. What is a divorce settlement agreement?

In an agreement on the consequences of divorce, the spouses can regulate all the consequences of the divorce, such as maintenance, contact, custody and property issues. In a divorce consequences agreement, for example, the gain can be excluded. The divorce consequences agreement regulates the legal and financial situation after the marriage.

  1. How long does it take for the divorce to be final?

A decision is made on the divorce petition, against which revocation can be lodged within 14 days. If the deadline expires, then the divorce is final. However, if the two parties waive the right to appeal when the verbal announcement is made, the decision is immediately final.

  1. Who pays for the divorce?

The spouses collect the costs of a divorce, although they can also individually agree that only one of the two should pay the costs. In principle, the amounts for a divorce petition and a divorce settlement are calculated for both spouses. The parties have to bear the legal fees themselves. In the case of a contentious divorce, however, the reimbursement of costs is more complex, contact your lawyer.

  1. How does the separation of property work in the event of a divorce?

Separation of property prevails during marriage. Assets that were brought into the marriage remain in the possession of the respective spouse (see separation of property). In the event of a divorce, the marital savings and utility assets are divided (division of assets in the event of divorce). Personal items and work equipment are excluded from the division.

  1. What is the separation maintenance?

The separation maintenance is paid at the time of separation up to the divorce and is intended to

secure the livelihood of the lower-earning partner. In particular, if the wife has taken care of bringing up the children and taking care of the household, she receives separation maintenance during the separation period.

  1. Who pays the alimony after the divorce? (Spousal support)

Both during the actual marriage and after the divorce there is an entitlement to spousal maintenance under certain conditions. Maintenance claims exist for those who cannot earn a living on their own and who were disadvantaged due to raising children and housekeeping. In USA you are also entitled to maintenance if the marriage was ended through negligence.

  1. Who pays the alimony?

Both parents are dependent on their children (tension principle). To do this, you need to use income and assets. Both parents can meet their obligations through care in their own household or in the form of cash benefits. The dependent parent must pay maintenance for the child to the parent who is entrusted with primary custody. This is called alimony.

  1. How can I get sole custody?

Sole custody is rare in USA, as the legislator regards joint custody as a normal case in order to promote the relationship between the child and both parents. One reason for applying for sole custody is when the child's best interests are at risk.

Uncategorized Editor Mon, 14 Dec 2020 10:02:50 -0500
What is a Certificate of Incorporation?

If you run or have managed your own limited company, a Certificate of Incorporation shouldn’t be news to you. Assuming you’re registered with Companies House in the UK, the CoI is a legally-binding document that shows that you’ve formed and registered your company correctly. It’s a document that many businesses, new and existing, will know about but what is it exactly and why is it so important? Let’s take a look.

The process of incorporation is the legal path in which a business is registered as a limited company with Companies House, the UK's registrar of businesses. Companies House falls under the remit of the Department for Business, Skills and Innovation and is responsible for the registration, incorporation and dissolving of all applicable companies in England & Wales, Scotland and Northern Ireland. If you’re about to embark on that journey, there are some things you need to do first.

Before the incorporation process can be started, you will need to provide Companies House with some information on your venture. This will include the completed application form (called an IN01), any applicable fees, a Memorandum of Association and Articles of Association (assuming you don’t adopt Model articles in their entirety).

You may also need to provide them with additional information if your application includes what are known as ‘sensitive words or expressions’. These words could include company names that might mislead or harm the public, names that might suggest a company status that isn’t binding, implies connections to governmental or local authorities or words that might cause offence. Once they have been completed satisfactorily, the next process, which includes the Certificate of Incorporation can begin.

To register your business in the UK, also known as formation or incorporation, there are several steps to complete. Once it has been approved by Companies House, the law under which it applies (i.e. The Companies Act 2006) requires the applicant(s) to provide a Certificate of Incorporation. This incredibly important document is the very thing that demonstrates that the company is a separate legal entity with its own distinct identity from its directors and shareholders. As suggested by accounting experts, think of it like your company’s birth certificate; sure it has parents in the form of directors, but it also exists in its own right.

The Certificate will hold a plethora of important information on your company. These include the full legal trading name of the business, its unique registration number (a.k.a. the company number), the date of incorporation, its legal address and the type of company structure it utilises, i.e. whether it’s a private or public limited company, limited by shares or guarantee.

It does not, however, detail who owns the company, nor does it show any information on the rules governing how the company is managed. Whilst they are important, they’re separately covered in the aforementioned Articles of Association.

This document isn’t just important when starting a new business. It may be required when opening a business bank account, applying for additional funding or credit or should you wish to issue new shares to investors in the future. It will also be needed should you eventually decide to sell the company to someone else.

In years gone by, the Certification of Incorporation would be a physical document complete with the official seal of the Registrar and the Royal Coat of Arms printed on it. It’s this document that would be needed when you’re asked for the ‘official’ paper copy. However, as we move into a more digital world, the certificate is now often sent electronically and whilst it can still be printed, it generally resides ‘virtually’ as a PDF document sent to you. Should anyone need to verify it, they can now search the online public registrar of companies, rather than wanting to see it in person.

Uncategorized Editor Sun, 22 Nov 2020 23:48:03 -0500
Importance Of Immigration Lawyer Representation Wondering the importance of an immigration lawyer representative? If yes then this article has got you covered with the details. You might have already heard of the hassle and the paperwork that goes into handling the endeavor alone. Immigration is an extensive process that can become a hard nut to crack if handled without any assistance. You need to realize that immigration is a struggle for even the English native speakers, let alone be a struggle for non-natives.  One thing which is common in all immigrants is the lack of knowledge. People are not fully aware of the requirements they need to fulfill. This creates a huge barrier in the process and oftentimes causes legal issues in the future. If you do not want to face the consequences then it is wiser to get a good legal representation that could ease the complicated process for you. Let’s see why immigration lawyers are important. There are many reasons but the main ones are detailed below.

Immigration lawyers will help you prevent mistakes

Many times, the silliest mistakes can cause huge problems and this especially holds true in legal paperwork. You need to ensure that you submit the correct paperwork for a smooth process. One has to realize that the immigration application process is not a piece of cake and thus one is exposed to numerous possibilities of mistakes. If you do not want vital documents to get rejected by those in authority then it is a wise decision to get the assistance of immigration lawyers. It is better to take help from the one who knows the drill rather than waste precious time.

Immigration lawyers own great experience

You cannot deny that immigration lawyers are experienced and they deal with numerous cases on the day to day basis. By hiring professional immigration lawyers you will get deep insights as they exactly know the path which leads towards their client’s success. You next need to know that there is a probability of you getting through the immigration process alone. But keep in mind that there are several complications which may later dare to follow like the residential issues etc.

Lawyers can offer alternatives

Several times a person remains stuck in a situation because one does not have enough options. You need to realize that immigration lawyers have a wide knowledge and expertise thus they can offer you numerous options. No matter how urgent or serious your case is, immigration lawyers will get you out safely by alternatives.

Assistance for special laws

Many a time after getting a permanent or work visa immigrants still face special laws upon themselves. These laws need to be followed else one can get deported. If you will take the help of immigration lawyers then they will make you understand these laws properly. Getting worried about the laws enforced on you is not the solution rather take the time out and take the assistance from immigration lawyers who could avoid risking your status.

Uncategorized Editor Wed, 28 Oct 2020 23:58:04 -0400