Law Territory: Blog Law Territory: Blog https://www.lawterritory.com/blog/ Copyright by Law Territory en Law Territory Thu, 07 Jul 2022 00:23:17 -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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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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5 Qualities to Look for in a Car Accident Attorney There are several things to look for when choosing a personal injury attorney to handle your car accident case. The first step is to make sure you have a good understanding of what you're up against.

If you are involved in a car accident, the insurance firms representing the other party may try to reach a rapid settlement with you. They will do everything they can to make this happen because they want to limit their liability and avoid expensive lawsuits.

That's why it's essential to hire an experienced attorney familiar with your state's laws and practices regarding personal injury claims.

Here are some of the qualities you should look for in a car accident attorney:

1. One with a good track record

When choosing an attorney, the first thing to look for is the lawyer's track record. You want an attorney who has handled similar cases successfully in the past and with the same kind of injuries as yours.

2. Experience handling car accident cases

According to michaelwaks.com, you want an attorney who has handled many car accident cases and knows how to get you the best possible outcome. An experienced attorney will be familiar with the most common issues in such cases and know how to avoid them or deal with them effectively. Someone without experience may not know what they are doing and could cost you more money in the long run.

You should also make certain that your lawyer has dealt with insurance firms before. Insurance companies will try to minimize their liability by offering you less than what you deserve, so it's essential to have someone on your side who knows how they operate and can help you get a fair settlement.

3. Find a willing attorney and one who listens to your concerns

Find an attorney willing to take on your case, even if it means going against someone who may be more well-known or respected than they are. In many cases, attorneys will back down from a case because they do not want to go against someone with more clout than them or because they fear losing the case if there is a conflict of interest with another case that they have handled in the past for another client involved in this one as well.

Look for someone who listens to your concerns and works with you to develop a plan that works best for you. An experienced attorney will listen to what matters most to their clients and work hard to make sure those things are taken care of.

4. A responsive one

They're responsive and available by phone or email whenever they're needed. An attorney who doesn't respond quickly or isn't accessible is one who can't be trusted with your case. If there's ever a time that you need answers right away — whether it regards paperwork or scheduling — they must respond promptly so that everything moves smoothly without any problems or delays.

5. One with good rapport with clients

Even if you don't know them well, the best attorneys will make you feel comfortable. If an attorney makes you feel uneasy or nervous about your legal situation, consider another option.

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5 Tips for Using Social Media After a Personal Injury After sustaining a personal injury, you may be wondering how to use social media. You want to keep your friends and family updated on your progress, but you also don't want to say anything that could jeopardize your case. Here are five tips for using social media after a personal injury.

Avoid Discussing Your Case Online

The first rule of using social media after a personal injury is to avoid discussing your case online. This includes talking about the accident, your injuries, or what you're doing to recover. Anything you say could be used against you in court, so it's best to keep quiet until your case is resolved.

If you have to communicate with your lawyer online, try to do it in a private message or email. That way, your conversations will be protected by the attorney-client privilege. For more information on how to properly communicate with your personal injury attorney, visit https://emersonstraw.com/.

Update Your Friends and Family on Your Progress

The second rule of using social media after a personal injury is to update your friends and family on your progress. Let them know how you're doing and what steps you're taking to recover. This can help keep them informed and show them that you're taking the situation seriously.

You don't need to detail your case, but you can share short updates on your condition and how you're feeling. This can help your friends and family feel closer to you and provide some support during this difficult time.

Be Mindful of What You Post

Another rule of using social media after a personal injury is to be mindful of what you post. Avoid posting anything that could be used against you in court. This includes pictures or videos of the accident, injuries, or celebrations related to your case.

It's also important to be careful about what you say on social media. Don't post anything that could be interpreted as an admission of guilt. For example, don't write "I'm so glad I didn't get hurt" or "I can't believe this happened to me." Here is an example of a site that lists what not to post on social media as an injury claimant.

Be Sensitive to the Situation

It is advisable to be sensitive to the situation when using social media after a personal injury. Don't post anything that could be seen as insensitive or unsupportive. This includes making jokes about the accident or your injuries.

Be aware that some people may not be familiar with personal injury cases and may not understand what you're going through. Try to avoid talking about the legal aspects of your case and keep your posts light and cheerful.

Use Appropriate English

When posting on social media after a personal injury, it is essential to use appropriate English. Avoid using jargon or legal terms that people may not understand. Keep your posts clear and concise so that everyone can follow what you're saying.

You should also avoid using profanity or making offensive comments. Remember that you're representing yourself to the world, so make sure your posts reflect positively on you and your situation.

Using social media after a personal injury can be tricky, but if you follow these five tips, you'll stay safe and keep your friends and family updated on your progress.

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What to Do When an Insurance Adjuster Wants to Speak to You After an Accident If you’re in an accident caused by someone else, there will no doubt come a time — usually not long after your accident — that you’ll get a phone call from an insurance adjuster representing the other party’s insurance company.

It’s their job to understand the accident and determine whether their client (the person or party that you argue caused your accident) is liable and how much compensation they should offer you in a settlement.

But what should you say if an insurance adjuster wants to speak to you? Can they twist what you say so they can offer you a lower sum? Should you even speak to them at all?

Here are the answers you need.

Should You Speak to an Adjuster?

If you’re wondering if you have the choice not to speak to an adjuster, you do. You are well within your rights not to, but there is a caveat.

Avoiding an insurance adjuster can impact your claim. Their role is to get your side of the story, so by not explaining the facts, all an insurance adjuster has to go on when calculating your settlement is the other party’s side, and they may be painting you as the one at fault.

Instead, if you don’t want to talk to an adjuster, it’s worth considering hiring a personal injury lawyer. They can handle all communication (and, later, negotiations) on your behalf so you can focus on recovering from your injuries.

What to Do If You Choose to Speak to an Adjuster

If you choose to speak to an adjuster, either because you’ve yet to hire a lawyer or because you intend to claim compensation without legal representation, there are some important things to bear in mind to maximize your chances of securing a fair settlement.

What to Say and How to Say It

Arguably the most important thing to remember in any interactions with an insurance adjuster is to be polite. When you’ve been in an accident and may be physically hurt, confused, upset, and angry, the last thing you need is another person blowing up your phone wanting to ask you questions, and you might get angry or defensive towards the adjuster.

However, this won’t help in your efforts to get a fair settlement, and it could actually reduce the offer on the table.

During your conversation with an adjuster, there are also some things you should avoid talking about.

The adjuster will certainly press you for details about how the accident happened, but you only need to give the facts. This means you can discuss the when, where, what type of accident (car, truck, slip and fall, etc.), and who was involved. If you’re asked about specifics, such as how it happened, what you were doing, or what you could see just before the accident, politely decline to answer the question, saying that the accident is still being investigated and you will answer — or instruct your lawyer to — later on. Be particularly careful about apologizing for the accident — even if you’re only sorry for the fact it happened — as it may be taken as an admission of guilt. This can impact your settlement. Depending on which state you’re in, it could prevent you from claiming compensation entirely.

The insurance adjuster will also likely question you about your injuries. Again, politely state that you are still treating your injuries and move on. If you start talking about the injuries you’ve sustained and accidentally leave something out, or another injury develops later (such as a concussion or complications from treatment), it may affect the compensation you’re entitled to.

Negotiating a Settlement

Regardless of whether you decide to deal with an insurance adjuster by yourself or hire a lawyer to do it for you, the insurer may make an early settlement offer. You might be tempted to accept it, especially if you have bills to pay and the adjuster warns you that your claim may take a long time to settle, but the first offer is usually significantly less than what you’re entitled to.

Another problem with accepting the first offer is that it won’t account for any future medical treatment you might need. For example, if you suffer a back injury that worsens over time and develops into paralysis, you will need ongoing treatment and rehabilitation. There will also be additional costs, such as a wheelchair and living aids or even in-home care, not to mention the significant loss of independence and the mental anguish it’s caused. You can recover these expenses as part of a personal injury settlement. However, if you accept an early payout, you cannot hold the other party liable for your injuries getting worse, and your compensation may not cover all the future expenses you’ll incur, leaving you financially worse off in the long run.

When negotiating a settlement, go in with a figure in mind, but don’t reveal it to the adjuster. This is purely for you to use as a gauge to determine how much wiggle room you have. If the first offer is close to what you are willing to accept, you can probably adjust your target figure upward. The first offer will always be less than what you could negotiate, but you may need to reset your expectations if there’s a massive difference between the two figures.

When an adjuster makes an offer, it can be helpful to ask them to justify it. They may raise a point you hadn’t considered when determining your ideal figure.

Gathering evidence to support your claim is also a crucial determining factor. The stronger your evidence — such as medical bills and expert opinions disclosing the severity and of your injury, photos of your injuries and the scene, and eyewitness testimony — the more likely you will get a fair settlement. Bear in mind that the other party will try to refute it, but if all they have is their word that you caused the accident, yet you have evidence that they definitively caused the accident, you’ll be in a much stronger position. For example, if you’re in a car accident and the other driver claims you recklessly stopped your car, causing them to rear-end your vehicle, but you have a witness to the accident and a crash report that supports that the other driver was intoxicated at the time of the crash, your claim is more likely to succeed.

When to Hire an Attorney

Even if you want to handle your compensation claim yourself, it’s always valuable to speak to a lawyer to make sure you have a claim and get advice on how to proceed and how much you could be entitled to.

However, personal injury lawyers exist, so you don’t have to handle it alone. Recovering from an accident is stressful enough without the weight of having to represent yourself and deal with a stubborn and persistent insurance adjuster.

A personal injury attorney can not only skilfully negotiate a settlement on your behalf, but they can also help gather evidence, collect expert testimony, and arrange medical care on your behalf. If you’re worried about the cost, many lawyers also work on a contingency fee basis, so you’ll only ever have to pay legal fees if you receive compensation.

Having a lawyer on your side will also alleviate the need to brush up on your legal rights. Claims can be complex, and time is of the essence. Depending on the statute of limitations in your state, you could have anywhere from one to six years to make a claim, but that time can pass quickly, especially if you’re still dealing with the impact of your injury.

Dealing with an insurance adjuster can be intimidating, but with the right preparation and professional support, you can ensure you get the compensation you deserve for your injuries.

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5 Tips for Co-Parenting with a Narcissistic Spouse Co-parenting with a spouse who is a narcissist or has narcissistic tendencies is extremely difficult. A divorced or separated parent who is trying to do this should see a psychologist, therapist, or licensed clinical social worker (LCSW). The mental health professional can provide support and feedback as to the non-narcissist’s progress.

  1. Practice the “Gray Rock” technique.

The most important step in the process is to mirror a gray rock. This means that the non-narcissist should work to develop quiet, steady, and low-level methods of interaction with the narcissist. The non-narcissist must learn:

  • not to direct extremely positive or negative energy toward the narcissist
  • not to put out high levels of any type of energy when the narcissist is around
  • not to engage the narcissist in conflict
  • not to badmouth the narcissist when the child is present
  • how to develop solutions to problems without the narcissist, if their input is not needed
  • not to give in to desires to enter into a romantic relationship with the narcissist
  • not to depend on the narcissist emotionally in other ways, such as turning to the narcissist for advice about friends and
  • not to depend on the narcissist financially, other than for court-ordered alimony or child support.

Learning how to take these actions requires time and energy. The non-narcissist should create a plan with their mental health professional as to what issues they need to address. They should update them on what strategies worked.

  1. Anticipate the narcissist to initiate frequent and difficult conflicts.

The non-narcissist should expect the narcissist to create problems. They should be wary of sudden fixes that seem too easy. Often there is a hidden catch, like the narcissist will demand that their former partner spend time with them.

The non-narcissist should not agree to new arrangements without speaking to a lawyer first. There may be legal consequences to certain actions. The non-narcissist should work with their mental health professional to imagine several likely scenarios in which the narcissist’s actions will require extra time, money, and energy. Also, it is unlikely that any type of cheap divorce in Birmingham or wherever you live will be possible since it will be difficult to reach an agreement on your marital issues with a narcissist.

  1. Develop a small financial savings and other resources in case of an emergency.

The non-narcissist should save money, accumulate time off, and plan to have other resources on hand in anticipation of the narcissist creating a problem, particularly one that relates to the child. For example, the narcissist may say they will take the child on a month-long vacation after school gets out. The non-narcissist may ask to see receipts for reservations. Even if the narcissist shares receipts, the narcissist may cancel the reservations. Narcissists often design plans to fall through.

  1. Don’t let the narcissist know too much information.

The non-narcissist should avoid sharing a great deal of information with the narcissist. The narcissist is likely to use information about a change in circumstances at work against the non-narcissist in court. The non-narcissist should work with their mental health professional to develop the courage to say, “I don’t feel like answering that question” or “I will share when I am ready.”

  1. Make sure the child sees a mental health professional.

Being around a narcissist is damaging. The non-narcissist should make sure their child is seeing a counselor. The narcissist may fight them on this. The non-narcissist should be prepared for the narcissist to be resistant and angry about this demand.

Key things to remember about narcissists include:

  • they rarely admit they need mental health services
  • they very rarely make progress on mental health issues
  • they are extremely manipulative and
  • they may be successful in convincing mental health professionals and legal professionals like mediators that they are not narcissists.

When a non-narcissist develops coping and parenting strategies as a single person, they are re-learning how to parent. They are going to be doing more work than before. They now have to repair all the bonds that were broken, with themselves, the child, the narcissist, and other parties that witnessed conflicts, like the child’s coach.

A non-narcissist succeeds by returning to the “Gray Rock” technique. They should strive to be firm, thoughtful, and dependable. They should work toward anticipating problematic behavior. They should also congratulate themselves on their milestones.

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How to Benefit from a Real Estate Attorney  If you have been in the real estate industry for a long duration, I presume you understand the importance of an attorney. The professional will handle most of the tasks to ensure a successful purchase. For instance, an estate lawyer will examine the transfer documents for errors or omissions that could bring about issues. The good thing about these professionals is that you can always get one for your budget and needs. Again, there are various ways to get the most out of the engaged estate attorney.

 How can I get the best out of a real estate attorney?

  Property dealings are complex, and you want to avoid mistakes. For this reason, you need a professional to represent you and review the title and other essential documents. Can't I do this by myself? Legal documents consist of various legal terms that you may not understand or interpret them well. This is to mean that you're likely to make blunders without guidance from professional real estate lawyers. It's best to engage a skilled lawyer, and there are different ways to get maximum benefits from your lawyer. Here's how;

  1. Engage the attorney early enough

  A real estate attorney will come in handy during closing. This is where most transaction documents are signed. However, you don't have to wait to involve the professional at this stage. Engaging an attorney earlier will save a lot of time and avoid mistakes. Remember, you'll need legal guidance in every step of the process, and a lawyer will advice accordingly. They will ease the process and save a lot of costs that you'd incur when doing this by yourself.

  1. Know when to call a legal professional

  Most property investors handle the process alone, only to contact an attorney when things go wrong. However, it's wise to identify issues like omissions with the documents before signing. An attorney will also help recognize liens on the property, allowing you time to look for another investment. Therefore, don't wait until you have made mistakes to engage the attorney. Hiring them in advance means adequate guidance and information to guide you in the process.

  1. Hire an experienced estate attorney

 Investors get scammed in real estate dealings often, and you may be the next victim! This is reason enough to engage a skilled attorney with years of experience. Such a professional understands the best way to go about the process and has likely examined many property documents in the past. They will know what's expected and things to check for to avoid mistakes in documentation. The attorney will also examine other issues that may affect property ownership in the future.

 The bottom line

You'll need a couple of professionals when buying or selling property, including an attorney, an estate agent, a surveyor and more. A lawyer plays a vital role in the process and will help with reviewing the sale documents, titles and contracts. In case of mistakes, the professional will guide on how to go about them to avoid future issues. If you're seeking an estate lawyer, hire one with adequate experience to handle your type of investment.

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5 Important Basics to Help You Fight Your DUI Case After being arrested and charged with driving while intoxicated, you might be feeling hopeless and unprepared to take on your case. But don't worry! Just because you're looking at criminal charges doesn't mean you're out of options. These five basics to help you fight your DUI case will help you handle everything from preparations to talking with your lawyer to get the best possible outcome in your case.

1.   Choose the Right DWI Lawyer

Hiring a DWI lawyer is one of your most important decisions if authorities have charged you with a DWI. Choosing an attorney based on price alone could be one of your biggest mistakes. Choose someone who knows how to fight a DWI case, and avoid inexperienced lawyers who don't know what they're doing.

Make sure you interview multiple attorneys before hiring one. Some questions to ask: Do you have experience handling cases like mine? How many cases like mine have you handled? What are my chances of winning? How much will it cost me? A reliable DUI lawyer will help you beat your charges and keep you out of jail.

2.   Go Through Standard Protocol

If the police pull you over for a DUI, law enforcement will likely ask you to perform basic field sobriety tests. In addition to these exercises, which are there to determine if you're under the influence of alcohol or drugs, it's essential to know what comes next. A police officer will take your license and registration back to their squad car in most cases.

They may also ask you to get out of your vehicle and undergo additional testing, such as walking in a straight line or touching your finger to your nose. While all of these tests are voluntary, if you refuse to take them, authorities can use that against you in court.

Also, refusing to take a breathalyzer test can result in an automatic one-year suspension of your driver's license and stiffer penalties. It's, therefore, crucial to follow standard protocol when dealing with police officers. It might not seem like much at first, but going through standard protocol could help you fight your DUI case later on down the road.

3.   Understand DUI Laws and Penalties

In some states, the first offense of driving under the influence can land you in jail for up to six months and cost you up to $1,000 in fines. If convicted, having a DUI on your record can result in license suspension and increased insurance rates. So, police arrest you on suspicion of driving under the influence, it's essential to understand how those laws apply to your case.

For example, most states require that you submit to a blood-alcohol test when pulled over by police. Refusing such a test could lead to an automatic suspension of your driver's license (even if they later drop the charges). And even if you aren't charged with DUI, refusing such a test could still lead to other consequences—such as being cited for reckless driving or disorderly conduct.

4.   Have an Open Line of Communication with Your Lawyer

To be successful in court, you need to have an open line of communication with your lawyer. If they don't know what's going on with you, they can't help defend you. Even worse, if there are any problems with your case or you fail to follow through on tasks that could get your charge reduced or dropped entirely (like attending court regularly), there might not be anything they can do. That's why it's crucial to stay in touch constantly.

Your DWI lawyer is your advocate and ally, so make sure you let them know about any changes in your life that may affect your case. For example, if you move out of state and have to change lawyers, let them know so they can transfer all of their information over to your new attorney.

5.   Prepare for Court

If law enforcement officers have arrested and charged you with a DUI, you must prepare for court.

  • First, communicate with your attorney
  • Second, understand your rights and responsibilities
  • Third, know what evidence is there against you
  • Fourth, develop a defense strategy
  • Fifth, build your case for trial

There are ways to fight these charges even if your blood alcohol content (BAC) was .08 or higher, above the legal limit in all 50 states. It is crucial to work closely with an experienced criminal defense attorney throughout each step, from investigation through trial.

Conclusion

If you're under arrest for driving under the influence, keep in mind that you can win your case with proper preparation. It's essential to speak with a skilled DWI lawyer as soon as possible after your arrest to ensure you cover all your bases. A reasonable attorney will help guide you through court proceedings and fight to protect your rights every step of the way. Take care and be safe on the road!

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Uncategorized https://www.lawterritory.com/blog/5-important-basics-to-help-you-fight-your-dui-case/ https://www.lawterritory.com/blog/5-important-basics-to-help-you-fight-your-dui-case/ Editor Fri, 22 Apr 2022 00:09:52 -0400
What to Do Before Filing a Divorce Let's face it; divorce is not like any other type of breakup. You must make an emotional decision to separate from your spouse, but you must also have other logistical considerations. However, contemplating hiring a lawyer, evaluating your finances, and possibly looking for a new residence may seem overwhelming. Nevertheless, there are various things to put in ode when filing for a divorce.

 Check them out;

  1. Organize your documents.

Filing a divorce necessitates essential documents. These may include; account statements, automobile titles, family trusts, and life insurance policies. Therefore, gather these in advance and make relevant copies. Having organized documents makes it easy for a Divorce lawyer to handle your case. 

Also, your spouse's information is essential. If they are self-employed, gather details about their employment status and finances. You also need information concerning their businesses and copies of the same.

  1. Don't threaten divorce until ready.

Don't give threats until you are ready to separate from your loved one. Doing this will gravely harm your partner, and they may begin to plot a divorce. When you issue divorce threats, your spouse may also move assets and position themselves with the children. Therefore, take your time, plan things adequately and then file for divorce once everything is in order.

  1. Talk to a counselor.

It's a good idea to seek professional help before dissolving your marriage. If counseling doesn't work, divorce may be a viable solution. However, treatment shouldn't end when the couple decides to divorce. A competent counselor will come in handy and walk you through the divorce process. Moreover, divorce counseling can assist you in identifying what went wrong during your divorce, developing coping techniques, and finally moving forward after your divorce.

  1. Set a financial plan.

Divorcing will affect your finances. For instance, losing financial support from your spouse is more challenging. You have to be wise by planning. Doing so guides you before telling your spouse about the divorce and you won't worry about cash. Also, remember to;

 Reduce unnecessary spending and avoid unnecessary debt

Be reasonable using money from joint accounts

Plan and stick to a post-divorce budget

  1. Protect your children 

Concentrate on your children and how to minimize the impact of the divorce. Your kids will be happy if you are, but this will affect them when you show signs of stress. Make a plan for how you'll split parenting time with your spouse. Again, don't involve the kids in the fight or ask them to choose sides. It is unjust and will cause them severe distress.

How to choose the best divorce lawyer

To have the best attorney for your divorce, here are guidelines.

  • Conduct interviews and research on potential attorneys 
  • Identify at least five lawyers, and don't just settle for the first one
  • Decide the kind of divorce procedure you need

Final thoughts 

Divorce can be an emotionally demanding and lengthy process. However, a divorce attorney will help ensure a smoother divorce procedure and a better ending. Therefore, follow the above practical steps and engage an experienced attorney for your case.

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How Car Accidents Can Lead to Soft Tissue Injuries Car accidents – even relatively minor ones – can lead to many types of injuries, including soft tissue injuries. A soft tissue injury is an injury that causes damage to an accident victim’s tendon, ligament, or muscle. Soft tissue injuries include injuries like muscular strains and sprains. Even though soft tissue injuries do not involve broken bones, they can still be extremely painful and may require extensive medical treatment, including physical therapy, to correct. This medical treatment can also be expensive. 

If you have suffered a soft tissue injury in an accident that came about because of another person’s negligence, you should speak with an experienced attorney as soon as possible. The Chicago car accident lawyers at Malman Law can assist you by filing a personal injury claim on your behalf and pursuing the damages you deserve for the soft tissue injuries which you suffered in your accident. Please give us a call today at (312) 629-0099 or contact us online to learn more about how we may be able to assist. 

How Soft Tissue Injuries Occur in Car Accidents

Car accidents can lead to serious injuries, including soft tissue sprains, strains, and muscular contusions. These accidents often involve one or more vehicles stopping abruptly and/or a sharp jerking action. These types of movements can cause a driver or passenger’s head and neck to whip back and forth in a classic whiplash motion. Moreover, an abrupt stop can cause a driver or passenger’s knees to contact the console, resulting in a soft tissue knee contusion.  

A driver or passenger’s head may also make contact with the steering wheel, headrest, or window, causing an injury. Seatbelts may cause a contusion or some degree of bruising in a car accident. Finally, a vehicle occupant’s arm or shoulder could make contact with the window or door in an accident, resulting in a muscular contusion or rotator cuff injury to the shoulder. 

Treatment Following a Soft Tissue Injury 

If you are involved in a motor vehicle collision in which you sustain a soft tissue injury, your first step should be to seek follow up medical care with your primary care doctor – or preferably at a hospital emergency room or urgent care center. While treatment for a soft tissue injury sometimes involves surgery, in most cases, these soft tissue injuries can be treated with physical therapy and other forms of non-invasive medical treatment. 

As part of a personal injury car accident claim, the accident victim may be able to recover monetary compensation, not only for the medical and physical therapy bills he or she incurred, but also for any permanent injury resulting from the accident. 

Speak with a Chicago Car Accident Lawyer About Your Case Today

The legal team at Malman Law is ready to help you pursue monetary compensation for your soft tissue injury. To schedule a free case evaluation and legal consultation with a Chicago car accident lawyer, please call us at (312) 629-0099 or contact us online to learn more. 

Our law firm is backed by years of experience defending victims of car accidents, truck accidents, motorcycle accidents, we also specialize in Zantac lawsuits, Juul lawsuits, workers comp and medical malpractice. We have collected more than $500,000,000 million and handled over 25,000 cases. 

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What Is Considered Medical Malpractice? Medical malpractice occurs when a doctor, health professional, or other medical providers are negligent with their job, leading to harm, injury, or death of a patient. An error or negligence could be during surgery, diagnosis, treatment, medicine dosage/prescription, aftercare, and so on.

If a medical provider omits an action, provides substandard treatment, or makes a wrong diagnosis so that it harms a person’s health, it is considered medical malpractice. Personal injury attorneys usually handle lawsuits related to medical malpractice.

Filling a Medical Malpractice Claim

Medical malpractice claim makes it possible for patients to receive compensation for the economic and non-economic losses they have experienced due to medical negligence. Medical practitioners owe it to their patients to provide them with a medical standard of care. Any act or failure to act by a doctor that is not in line with the accepted standard of care is considered medical negligence. The most common types of medical negligence include:

  • Failure to diagnose/wrong diagnosis
  • Improper/substandard treatment
  • Failure to warn a patient of a known risk
  • Prescribing incorrect drugs

In some instances, more than one party can be liable in a medical malpractice case. Some of the people that may be involved in medical malpractice include, doctors, surgeons, nurses, hospital administrators, the whole medical facility, etc.

What Constitutes Medical Malpractice?

It’s essential to know that not all negligence causes injury.  For example, a doctor may deviate from the medical standard of care, but if the patient isn’t harmed, this can’t lead to a medical malpractice case. This means medical negligence can only lead to a medical malpractice case if the doctor's action or inaction leads to injury, harm, or death.

If the doctor’s negligence worsens a patient's illness, causes complications, or necessitates additional treatment, then it’s considered an injury. If there is no proven injury due to medical negligence, a medical malpractice claim can fall short.

Medical malpractice is one of the most complex personal injury cases. In other to prove medical negligence happened, there must be proof that:

  • There is a doctor-patient Relationship (i.e., a duty was owed by the hospital or medical provider
  • The duty was breached because a doctor was negligent and didn’t conform to the standard of care
  • The doctor’s negligence caused the injury or illness
  • The injury resulted in damages like physical pains, hospitalization, medical bills, and financial loss due to the inability to work.

A lawyer can identify if your case has the four elements of medical malpractice to hold a practitioner or medical facility accountable for medical malpractice.

Medical Malpractice Claim Must Be Filed Soon After the Injury

Different states have different rules when it comes to medical malpractice. However, the statute of limitations for a medical malpractice claim is between 6 months to 2 years. If a lawsuit isn’t filed within the appropriate time frame, a court has the right to dismiss the case, no matter the evidence.

Some of the damages that may be awarded in a medical malpractice case include medical treatment, lost pay, and life care expenses.

Getting Help For Medical Negligence Claim

As said earlier, medical negligence cases are handled by personal injury lawyers. If you believe you have proof of medical malpractice, speak to an experienced personal injury lawyer. Experts like Jason Stone Injury Lawyers will guide you through the process and defend you in court if necessary.

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What to Know About Wrongful Death Lawsuits Wrongful death is a touchy subject, especially when it involves your loved ones. With so much information available on this subject, getting the right answers that address your particular situation can be challenging. When faced with the death of a loved one, contacting an attorney that specializes in such cases is usually a wise move. For PI lawyers, Florida, check here.

A wrongful death claim is a civil suit brought against someone or party when death results due to negligence or any action that can be construed as intentional. Such legal claims aim to bring to account those liable for the cause of death of the said individual.

A representative of the deceased’s family or one of their relatives is usually in a position to file such a lawsuit.

When to file a wrongful death lawsuit

While different states can have slightly different criteria for a wrongful death lawsuit, the general idea is the same. Basically, any death that can be attributed to factors like negligence or failure of an individual or entity to act in a certain manner in some situations can constitute wrongful death. Of course, the legal system has the final word as to the validity and outcome of such lawsuits.

Generally speaking, the following scenarios can present good reasons for filing a wrongful death lawsuit.

  • When death results due to medical malpractice: Many instances of death in the healthcare system can constitute medical malpractice. Whether it’s a doctor that failed to diagnose a condition or negligence on the part of hospital staff that results in death in a clinical practice setting, all such incidents can be sufficient for filing a wrongful death lawsuit.
  • When someone is killed: This is fairly straightforward. Any actions that directly result in the death of another person can constitute wrongful death. This is perhaps the most common reason for many wrongful death claims. Such claims are usually separate from the criminal charges filed by the state.
  • When an accident results in death: This category can be broad. Several types of accidents can result in death. Motor vehicle accidents are the most common in this category. Others like work-related accidents can also be part of it.

It’s important to note that most of the above scenarios start as personal injury cases that turn into wrongful death claims. However, some exceptions exist in some cases of work-related injuries, which are covered by a workers’ compensation scheme.

Proving wrongful death

As mentioned, several scenarios leading to loss of life can constitute a legal wrongful death claim. As such, it is crucial to know the critical elements involved before any such claims are considered. These include:

  • Negligence: This is probably the most common factor in most such cases. Negligence is when someone or party fails to do something, ultimately causing death. Of course, negligent actions can also result in death. However, proving this negligence is not as straightforward as people may think. Even for experienced attorneys, this can be challenging, requiring the gathering of a vast body of evidence and relying on expert testimony. A good example is when a driver runs a red light and kills a pedestrian crossing the road. In such a case, an attorney must prove several things, from the major elements like proving a driver knowingly neglected the red light to seemingly trivial details like whether the traffic light was in good working order or not.
  • Causation: Getting killed or dying due to some actions is not enough. An attorney will need to prove beyond any reasonable doubt that specific actions or individuals are directly responsible for causing death, whether through direct actions or secondary ones.
  • Breach of duty: An attorney must prove that the person or entity being blamed for any wrongful death (defendant) should have known or done something in a certain, expected way. The attorney needs to prove that failure to carry out any such actions (or overdoing them) contributed to the wrongful death. The defendant must have owed the deceased a duty of trust and competence. Death due to medical errors or negligence presents a good example of a breach of duty. This is because healthcare professionals owe their patients accurate diagnoses and competent healthcare practices.

Crucial facts to remember

While considering the above factors that may classify deaths as wrongful, keep the following things in mind.

  • You can only recover punitive damages: Sometimes, the relatives of the deceased would want to see “justice” done, meaning the accused should go to prison as part of any court verdict. Unfortunately, that’s not usually the case. Wrongful death is a civil case, not a criminal one. This means that the verdict merely aims to award monetary compensation. It should be noted that coming up with an exact dollar amount can be complicated. The court would have to consider several factors. The age of the deceased, for example, is critical to calculating any possible settlements. Loss of companionship, pain, suffering and lost income also come into play, although they’re difficult to quantify accurately.
  • You have a limited time to act: Unlike crimes like murder, possible cases of wrongful death tend to have a statute of limitation. This means that the aggrieved parties have a set amount of time to file a lawsuit. This period usually dates from the moment the alleged wrongful death took place. In many jurisdictions, this is usually three years from the moment of death.
  • Only the estate’s representative has a legal right to file a wrongful death lawsuit in some states: This point is crucial to remember. Being a close relative or family member doesn’t give you an automatic right to file such a lawsuit. If the deceased had a will, then the executor of the will is the one to file the wrongful death lawsuit. Some states have such laws in place to avoid instances of several family members filing different wrongful death lawsuits simultaneously.

In a nutshell, talking to an experienced attorney specializing in such cases can go a long way toward determining a favorable outcome for you if you believe you’ve lost a loved one due to any factor that can be a cause for wrongful death.

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Can I File a Lawsuit If I Slipped and Fell on Government Property? Slip and fall accidents are some of the most common accidents in the United States, sending thousands of people to the emergency room each year with injuries ranging from mild cuts and bruises to serious concussions, bone fractures, paralysis, and even death. These accidents can happen to anyone, anywhere, and at any time and are usually a result of negligence on the part of a property owner. While determining liability in private property slip and fall accident cases might be less complicated, the same cannot be said of such incidents that occur on government property.

These types of accidents that occur on a government-owned or operated property are complicated legal matters. In such cases, it is often difficult to determine the exact government authority or agency responsible for negligent conduct that resulted in a slip and fall accident. However, it is not impossible. If you or your loved one were involved in a slip and fall on government property, you can file a lawsuit against the negligent government entity and claim compensation for your physical, emotional, and financial damages.

Proving Negligence

Like any other slip and fall accident, you have to prove negligence on the part of the government if your accident occurred on government property to obtain compensation for your damages. You can prove negligence on the part of the government if you provide evidence supporting your claim, stating that the government agency had reasonable notice of the dangerous conditions that led to the accident but failed to take appropriate steps to remedy the situation.

Since the burden of proof in such cases lies on the victim, you will have to support your claim with as much physical evidence as possible. Physical evidence includes everything from the pictures of the accident site, photographic record of your injuries resulting from the accident, written or recorded statements from eyewitnesses present at the scene of the accident, and a copy of the official report filed with the relevant government entity that served to alert them regarding the accident.

This notice is important in most slip and fall cases that occur on government property. Most states in the United States have specific procedural laws that stipulate that the victim of an accident must file an official claim with the relevant government agency within a fixed period. Failure to file a notice of claim within this deadline can result in you losing your right to file a lawsuit and obtain compensation for your financial damages. It helps to be aware of this deadline because it can be as short as one month depending on the state where the accident occurred.

Recoverable Damages

If you have been injured in a slip and fall accident on government property, you might be able to sue for compensation of a wide range of damages, including but not limited to your medical bills, costs of ongoing medical and surgical treatment, cost of physical or occupational therapy, incidental expenses, compensation for pain and suffering, and more. These compensable damages can help you minimize your financial loss and support yourself through a tough recovery, especially if you incurred serious physical injuries as a result of your slip and fall accident.

Conclusion

If you or your loved one slipped and fell on a government-owned or operated building, you should consult a competent personal injury lawyer. An attorney with extensive experience in these cases can help you navigate the complicated legal process of obtaining compensation through a legal claim filed in a court of law. Expert legal representation can also help you choose the best course of action if any unforeseen complications arise during the process.

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Help! I’ve been charged with Assault on a Female – What does a Criminal Defense Lawyer recommend I do? Being charged with anything criminally is an extremely nerve-racking and frustrating situation. Please note, you can’t take it away, so the focus needs to be what do I do from. The assault on a female lawyers at Garrett, Walker, Aycoth & Olson, Attorneys at Law, are focused on helping clients who are charged with domestic violence and creating a plan to protect their rights.

Top Rated Lawyer in Greensboro

Assault on a female in Greensboro, NC is a domestic violence charge. Because it involves domestic violence the Guilford County District Attorneys Office will not dismiss the case. It does not matter if you make up with your significant other or that they tell the DA they want the case dismissed; in Greensboro, North Carolina the District Attorney cannot and will not dismiss a domestic violence criminal charge. So here are some tips to help you with your defense if you should find yourself charged with Assault on a female from a top rated criminal defense lawyer in Greensboro NC.

Lawyers in Greensboro NC

Assault on a female is typically taken our when a woman alleges they have been assaulted. Law enforcement will check for injuries and often document those personal injuries with photographs. If police show up at the scene of the assault and your accused of assault on a female, it’s important to focus on what’s going on. Law enforcement 9 times out of 10 will charge you with assault on a female if a woman alleges you did it. This means that without you saying a word or making any sort of statement as to what transpired you will be placed in handcuffs. This is frustrating and not fair, and our assault attorney in Greensboro sees this exact situation play out on a regular basis in Greensboro, NC. Often if an assault occurred and you’re not saying she did it to herself, she accidentally injured herself, or you were being assaulted or someone else was and you were defending them, then it’s typically best not to say anything at all. You have a right to an attorney in Greensboro in these situations, and if you’re under arrest for assault on a female charges it’s best to just request a criminal defense attorney to prevent any further questioning.

Attorneys in Greensboro

After you’ve been placed under arrest for a domestic violence charge such as assault on a female, please note, that you will most likely be placed under a domestic hold. This is a bond where you cannot bond out until you go in front of a judge. Our assault lawyers in Greensboro know good and well how frustrating this is, and that’s what we’re here for. We’re here to help a judge at your first appearance understand that it’s unfair to put you under a hold and that you should be out and able to assist us with your defense. Our criminal lawyers in Greensboro NC understand that most of our clients have family and careers to attend to and remaining in custody for 24-48 hours can be extremely detrimental to all of those things. Our criminal lawyers in Greensboro handle the first appearance with the goal of getting a bond set so you can get back to your life. If a judge is still unwilling to hear the case, then our bond motion lawyers in Greensboro will file a bond motion to be heard as soon as possible so you can be released.

Greensboro Lawyer

When it comes to assault on a female charges in Greensboro, NC, look no further than Garrett, Walker, Aycoth & Olson, Attorneys at Law. Our law firm is here to help you with your domestic violence charges. Contact our law firm immediately if you’ve been told you have a domestic violence warrant and we will create an assault on a female game plan to protect you and your family and have you free from custody as soon as possible. Our top rated lawyers in Greensboro NC are here to help you and your family and our entire law firm appreciates you giving us the opportunity to help.

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The Commercial Truck Accident Settlements Checklist

Accidents involving large commercial vehicles are on the rise. In 2019, just over 5,000 large trucks were involved in accidents that resulted in a fatality in the United States. That’s a 2 percent increase from the number of fatal truck accidents that occurred in 2018.

That may not sound like a big increase. But when you consider that there’s been a 43 percent increase in the past decade, that jump becomes more significant. Accidents involving commercial vehicles often end in injury, and many end in fatalities, most often for drivers and passengers in other, smaller vehicles.

If you’ve been the victim of an accident involving a commercial truck, you have a right to a settlement and compensation for your medical bills, lost wages, and pain and both physical and emotional suffering. Unfortunately, getting that compensation isn’t always a straightforward task.

So, what does it really take to get commercial truck accident settlements? Keep reading for a handy checklist to walk you through the steps you’ll need to take following an accident.

Take Stock of Your Injuries

Each year, more than 4,000 people are killed in accidents involving large trucks. Even more are injured. In fact, statistics show that some 130,000 people suffer injuries in truck accidents every year.

Depending on the severity of the accident and circumstances surrounding it, in the moments after a crash, you may find yourself with any number of injuries. From minor whiplash to more serious injuries like internal bleeding or damage to the spinal cord, some are immediately noticeable, while others may not make themselves known until hours later when the adrenaline begins to wear off.

The most important thing that you can do immediately following any kind of accident is to take stock of your injuries. If they appear to be minor and you are safely able to do so, exit your vehicle. Check on any passengers in your vehicle next.

If you or anyone in your vehicle has suffered serious injuries, it’s important to leave them where they are, as long as they are not in any immediate danger. If they’ve suffered a spinal cord injury, moving them could result in additional damage.

Get to Safety and Contact Police

Once you and your passengers have made your way out of the vehicle, it’s vital that you move to a safe place. If your accident took place on a highway, you’ll want to move to the shoulder, out of the way of moving traffic. From there, call 911.

In most cases, it’s best to leave all vehicles and debris where they are until police arrive. However, in some states, it’s the law that you must move any drivable vehicles to the shoulder of the road and out of traffic. If you cannot safely move your vehicle or are blocked in by other vehicles involved in the crash, leave it where it is. Do not move anyone with serious injuries; instead, allow paramedics to safely move them.

When the police arrive on the scene, they will help to coordinate medics to get help to injured victims. They’ll move vehicles if needed, and gather evidence from the crash. They’ll also talk to all involved in the accident to get their side of the story and their information.

You should also exchange information with the driver of the commercial vehicle involved in the accident. You’ll need to provide this information, as well as their insurance information, to your own insurance provider. In addition to their name and insurance information, get the name of the company they are driving for or the company they are transporting cargo for. While there are certainly numerous steps, it’s important to remember that truck accidents are different from car accidents.

Get Your Own Documentation of the Scene

Police will compile evidence from the scene of the accident, including pictures of the crash and the vehicles involved. But if you are able to, you should get your own pictures as well. While not a necessity, these may help to build your case for your commercial truck accident settlement and will often make the settlement process go much smoother.

If you were not seriously injured in the accident and won’t be riding in an ambulance to the hospital, take a moment to document the crash for your records. Using your cell phone, take pictures from a variety of angles. Document all involved vehicles, as well as the scene around where the accident occurred.

Visit the E.R. or Your Primary Care Physician

If your injuries are severe, you’ll likely be taken from the scene of the accident to the hospital in an ambulance. But even if your injuries are not severe, it’s still important to visit the E.R. or your primary care physician to get checked out.

This visit serves a couple of purposes. First, you could have injuries that are more severe than they seem on the surface. The sooner your doctor catches these, the more effective the treatment will be, and the less severe they will become.

Secondly, you’ll need to have any injuries that you did sustain documented by a doctor. Your medical records as they relate to the accident will be a part of the case that your lawyer builds when seeking a commercial truck accident settlement.

Get an Experienced Accident Attorney

If you’ve been the victim of an accident involving a commercial vehicle, you’ll need an experienced attorney on your side as you begin the process of seeking compensation and a settlement.

From gathering evidence to dealing with insurance companies, seeking a commercial truck accident settlement is a complicated process. Trying to navigate it on your own, especially while recovering from any injuries that you sustained, will be difficult.

But an attorney can help. An attorney with experience on cases involving commercial vehicles will know how to successfully navigate your case, deal with insurance companies and trucking companies, and how to help you get the settlement that you deserve.

After hiring an accident attorney, or if you know that you plan to do so, avoid making any contact with the trucking company that the driver of the commercial vehicle worked for, or their insurance company. They are likely to try to get you to admit guilt or at least partial blame for the accident, even when this is not the case. These interactions are best left to your attorney.

Don’t Wait to Act

The most important thing on your commercial truck accident settlement checklist should be to take action on the above checklist items as quickly as possible. Putting off seeing a doctor or contacting an attorney will only delay your case, and could complicate your ability to get the settlement that you deserve.

If you or a loved one has been the victim of a commercial truck accident, don’t wait to get help. Contact an experienced attorney right away so that they can start taking action on your case.

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All You Need To Know About Car Accidents And Law A car accident comes with a lot of trauma. It accompanies a lot of stress as well as emotional distress to the people involved. Even after a lot of advances in vehicle safety, car accidents still contribute to a large number of disabilities and injuries. Anyone who has faced an accident can receive compensation for the same. Depending on the party at fault, the car insurance pays the expenses of the losses.

In such cases, a car accident lawyer supports you through all the complications of the legal process. He can help you understand all the options available for the best possible compensation. He can help you receive the claim you deserve for any personal injury.

In the case of a car accident, several factors can affect the claim you receive.

Steps To Follow After A Car Accident

One must follow the following steps to best protect their interest after a car accident:

  1. Stop at the accident site. Leaving the accident spot makes the police charge you of a hit-and-run case. So, always try to stay at the accident site.
  2.  Ensure that you are safe. Do not come out of your vehicle until it is safe to do so. Always keep the emergency flashers on in such situations, especially at night. Seek medical assistance if needed.
  3. Call the cops. Calling 911 should be one of the first things to do in case of an accident. This helps you file a claim with the insurance company. This can be claimed for both medical purposes or physical damage to the vehicle.
  4. Inform the officials about the incident. Complete detail of the sequence of events must be given to the cops on arrival. Absolute facts and truth should be presented to them. Do not admit to being at fault in any condition.
  5. Click pictures for proof. Take all the necessary pictures of the damage to the vehicle or any personal harm to keep as proof. These play a major role in strengthening the process of claiming compensation. These also help better to understand the party at fault.
  6. Call the concerned insurance company. Report the incident to the insurance company and give them all the basic details asked. Keep in mind to talk regarding the fault only with the attorney and not the insurance company.
  7. Call the best-experienced car accident attorney. An attorney plays a major role in protecting your rights. They can guide you with the procedures in making the claim. They can also defend you in case you are the one at fault.

So, it is always in the best interest of the victim to hire an accident lawyer for the same. One should always deal with such situations calmly and should not panic. This can help in better outcomes and best claims as well. One should never forget that there are professionals who are there to protect and defend them.

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How do Spousal Social Security Benefits Work? Spousal Social Security benefits are all too often overlooked by retiring couples. This additional income stream can make a significant difference when retirement time arrives. This article will outline what those benefits are, how to qualify for them, and what some of the limitations are on your strategies for collecting them.

When an individual files for retirement benefits, their spouse may be eligible for benefits based on their partner’s earnings. This spousal benefit can add up to as much as half of their partner’s ‘primary insurance amount’ -- this being the amount a person receives at their normal retirement age. This benefit can be helpful if you or your spouse have not worked enough to pay into Social Security and are ineligible to claim benefits. 

To qualify for spousal benefits, you should meet the following criterion:

  • Your spouse is already collecting retirement benefits.
  • You have been married for at least one year.
  • You are at least 62, unless you are caring for a child who is under the age of 16 or disabled.
  • If you are divorced and have been for at least two years you can apply if the marriage lasted for ten or more years.

You or your spouse’s work record is irrelevant in these cases. Whoever has the lower retirement benefit will receive a higher amount once the benefits start. But what is important in most cases is the age of the applicant. To receive the maximum benefit of 50% of the spousal benefit they should at least be 62 years old. The scale of earned benefits can go as low as 32%, which again, is tied to you or your spouse’s age at the time of application.

It is also worth noting that there were changes made to this program following the Bipartisan Budget Act of 2015, primarily affecting those who were born after 1954. This act eliminated a few strategies that couples used to maximize spousal benefits. The first strategy was known as a “restricted application.” This would happen after a spouse had filed for Social Security benefits upon reaching “normal” retirement age and the other spouse filed their regular benefits. Following that they would place a restricted application on the spousal benefits, waiting to collect on them at age 70, when the benefits would be maximized.

The other strategy that has been nullified by the Bipartisan Budget Act is “file and suspend.” Similar to restricted applications, it involved one spouse waiting until 70 to collect on benefits. If the spouse who was the main beneficiary wanted to wait until they were 70 to collect on their benefits it was possible to do so, while the other spouse could collect on the 50% of those spousal benefits then that was an option. Just like the restricted application, this would result in a maximized amount of money at age 70, with both spouses reaping the rewards for their patience. A Social Security Disability Attorney in Birmingham, or wherever you live, can usually help you fill out the application or appeal any decisions.

Now that these more creative options have been removed, and knowing what is allowable under the law, it remains essential to keep in mind the ways that these spousal benefits can still work to provide a useful income stream for you and your spouse. If, for example, one spouse were to earn $1500 for their monthly benefits, the other could bring in $750 extra for the family. Depending on you or your spouse’s work history and your knowledge of what your retirement will bring in monetarily, it is highly advisable to look into these benefits as an option.

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Uncategorized https://www.lawterritory.com/blog/how-do-spousal-social-security-benefits-work/ https://www.lawterritory.com/blog/how-do-spousal-social-security-benefits-work/ Editor Sun, 28 Nov 2021 23:49:56 -0500
5 Things To Do Quickly When You Lose Control Of Your Car

Things to Do Quickly when You Lose Control of Your Car

Losing control of your car is a pretty frightening and terrible experience. Even the best drivers lose control of their car at times due to factors like heavy rain, extreme weather conditions, mechanical faults, or brake failure. Such situations often lead to life-threatening consequences. Many car accidents are reported daily as cars are one of the most commonly used transportation modes. If you or anyone you know unfortunately experiences a car accident, you should immediately hire an auto accident attorney. An auto accident attorney can save you from a lot of hassle. Nonetheless, when in a tricky situation, where you lose control of your car, below are some things that you must do quickly to overcome such a dreadful situation.

1. Don’t Panic

This is the first thing that you need to do. Don’t lose your calm, at least. Try to remain as calm and composed as you can. If you remain calm, only then will you be able to find a way out. Most accidents occur when the driver can’t figure out the situation on time and keeps hitting the pedals and steering in fear. So, make sure that you don’t do the same and maintain your calm as much as possible.

2. Steer in Opposite Direction

Try to move the steering in the opposite direction slowly and patiently. Don’t move it tightly or hardly, as it would be of no use. People often hold the steering too tightly and try to move it here and there as they get nervous and extremely frightened.

3. Don’t Accelerate

Never increase the speed of a car that has lost control. If you do so, it will end up making things even worse. We all know how dangerous overspeeding could be, and doing the same with a car that has already lost control is foolish. Despite this, people often hit the race pedal with full force as they cannot work out their course of action.

4. Use Emergency Brake

Brake failure is one of the reasons why cars often lose control. In case your car's brakes are not working, use the emergency brakes. It will definitely save you from colliding with other cars or anything in front of you. These emergency brakes are specially designed to ensure safety and prevent nasty accidents.

5. Turn towards Empty Area

Try to turn towards an empty or less crowded space; it means any area with less crowd, no buildings, markets, or homes. Don’t stay on a busy road for long the moment you realize that your car is not under your control. In this way, you can save yourself from dangerous accidents and even reduce the damage.

Car accidents could be fatal at times. Therefore, it is always better to examine your car before leaving home and visit the mechanic for inspection and service once a week. As far as weather is concerned, make sure you do everything mentioned above if you ever get stuck in such a situation.

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Uncategorized https://www.lawterritory.com/blog/5-things-to-do-quickly-when-you-lose-control-of-your-car/ https://www.lawterritory.com/blog/5-things-to-do-quickly-when-you-lose-control-of-your-car/ Editor Mon, 22 Nov 2021 07:43:20 -0500
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.

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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.

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Uncategorized https://www.lawterritory.com/blog/top-5-documents-to-make-the-claim-process-easy-after-a-car-accident/ https://www.lawterritory.com/blog/top-5-documents-to-make-the-claim-process-easy-after-a-car-accident/ Editor Sat, 25 Sep 2021 09:27:50 -0400