Law Territory: Blog Law Territory: Blog https://www.lawterritory.com/blog/ Copyright by Law Territory en Law Territory Tue, 19 Jan 2021 15:59:29 -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.

Author Bio

Wayne Miller is a graduate of the University of Michigan (1976) and Wayne State University School of Law (1979). Licensed to practice law in Michigan since 1980, Wayne has specialized in the legal issues relating to the victims of motor vehicle accidents. Wayne and the firm specialize in cases involving catastrophic injury, including the rights of the injured, their families, and their professional service providers. Wayne has served as an Adjunct Professor of Law at Wayne Law School, where he has taught the class in Michigan’s no-fault auto insurance law since 1998. The textbook used in the three Michigan law schools that teach no-fault insurance is co-authored by Wayne. Wayne has been included in the “Best Lawyers in America” since 2005, and was named the “Most Respected Advocate” by the Michigan Defense Trial Counsel in 2007. Wayne has been honored by Michigan Lawyers Weekly as a 2015 “Leader in the Law”.

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Uncategorized https://www.lawterritory.com/blog/are-you-at-fault-if-you-have-a-car-accident-caused-by-snow/ https://www.lawterritory.com/blog/are-you-at-fault-if-you-have-a-car-accident-caused-by-snow/ 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.

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Uncategorized https://www.lawterritory.com/blog/answers-to-the-most-important-questions-about-divorce/ https://www.lawterritory.com/blog/answers-to-the-most-important-questions-about-divorce/ 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.

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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.

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Uncategorized https://www.lawterritory.com/blog/importance-of-immigration-lawyer-representation/ https://www.lawterritory.com/blog/importance-of-immigration-lawyer-representation/ Editor Wed, 28 Oct 2020 23:58:04 -0400
What Happens When a Manager or Partner Leaves a Firm?

Like any relationship, it is not easy to deal with someone leaving, but it is necessary to give room for growth more often than not. A manager or a partner leaving a firm is no different, and sometimes it is way more complicated because there are many legal matters involved. We often see on television and movies that leaving a firm usually results in conflict. But real life is far from it. This transition can be dealt with peacefully.

There are many things that need to be taken care of before a manager and a partner leave a firm, and these should be finalized even before the manager or partner officially leaves. What does the firm need to do to make sure that every step of the way will be appropriately followed through?

How to Deal with a Manager or a Partner Leaving the Firm?

Communicate with Each Other

Both parties (the firm and the partner) need to have clear communication. The reason for leaving should be clarified to avoid disagreements and conflicts in the future. It's ideal for releasing a joint communication addressed to attorneys and staff of the firm and to the clients, especially those who are under the leaving manager or partner. This way everyone will be informed of what the next steps will be.

Settle with the Clients

Of course, the firm has to deal first with the clients of the manager or partner— whether he or she is a criminal lawyer or a litigation lawyer, for instance. The firm will need to explain all the possible options for them. This includes the changes of their representation in your firm once the manager or partner leaves. The worst-case scenario is they will still want to be represented by the leaving manager or partner, resulting in losing clients. This will require both the firm and the leaving party to deal with the client's concerns.

Follow the Laws and Necessary Procedures Accordingly

There are many laws and rules to be followed by this transition. The firm and the leaving manager or partner should ensure that they will not violate any of these laws and procedures that may lead to an expensive case. There are three things that you will need to focus on:

Non-disclosure Agreements

Relevant information of clients shall stay confidential. This information needs to remain with the firm, and the leaving manager or partner cannot bring these to their new firm.

Client solicitation

If the client wants to follow the leaving manager or partner, willingly, it is legal. But solicitation is illegal.

Model Rule 5.1

The firm is responsible to follow "reasonable procedures and policies to assure the ethical transition of client matters when lawyers elect to change firms."

No matter what may be the reason for the departure of a manager or a firm's partner, it is best to end it in a good and civil manner. This will reflect on the reputation of both parties. Dealing together, this transition will establish a good image and gain trust from the clients.

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Uncategorized https://www.lawterritory.com/blog/what-happens-when-a-manager-or-partner-leaves-a-firm/ https://www.lawterritory.com/blog/what-happens-when-a-manager-or-partner-leaves-a-firm/ Editor Thu, 08 Oct 2020 00:22:05 -0400
Pasadena Bankruptcy Attorney Huprich Vega is in Pasadena! This law firm will be the perfect alternative for Pasadena and surrounding area residents who are looking for a fresh financial start.

This law firm specializes in helping its clients eliminate their debt through bankruptcy. Many people think that bankruptcy is a shameful choice or should be avoided at all costs; this is due to the hundreds of myths that have been popularized over the years. However, the reality is that bankruptcy is a great legal option for those who are drowning in debt and want a chance for a fresh financial start.

Bankruptcy can be a wise option.

In these uncertain economic times, many people's finances have been hit hard. Millions of Americans lost their jobs in 2020 and were forced to take on vast amounts of credit and debt to survive during shutdown due to the coronavirus. Inevitably, many don't have the money to pay those debts and will risk being harassed and even sued by their creditors.

Unemployment could also lead to an increase in foreclosures and thousands will risk losing their homes as well.

If you're struggling with this harsh reality, bankruptcy emerges as a legal answer that could save your home and peace of mind. This process will eliminate most of your unsecured debt so that you can then rebuild your finances from scratch.

If you file for bankruptcy, your creditors will be legally obligated to stop calling and harassing you immediately. It may also help you stop the foreclosure process on your home. Ironically, bankruptcy could save your most precious possessions, but for the process to be successful, you must work with honest, hard-working attorneys.

Huprich Vega attorneys take bankruptcy cases in Pasadena and the surrounding areas.

If you live in Pasadena or a surrounding area, we have good news for you: Huprich Vega attorneys are taking bankruptcy cases near you! If you are looking for an experienced attorney who can walk you through each step of the journey to a clean financial slate, then the legal professionals at this firm are an ideal choice for you.

The Huprich Vega team is made up of dedicated pasadena bankruptcy attorneys who are dedicated to helping you. They will listen carefully to their clients' stories to help them in the best possible way. They understand that each case is unique and requires different strategies to make things right.

What types of bankruptcy does Huprich Vega specialize?

The attorneys at Huprich Vega have years of experience working with Chapter 7 and Chapter 13 bankruptcy cases. Each type of bankruptcy fits different financial situations.

Chapter 7 bankruptcy is ideal for those who want to get out of debt as quickly as possible. In this chapter, you may have to give back your car if you can no longer afford the payments. However, some cases are declared as "no-asset cases,” and no possessions are taken back or sold.

On the other hand, Chapter 13 bankruptcy is ideal for those who still have a steady income and don't want to risk losing some of their assets. In this case, you will need to restructure your finances and then develop a payment plan that will allow you to pay off your debts over time.

To find out which type of bankruptcy is best for your situation, you should talk to an experienced bankruptcy attorney.

Talk to an attorney for free!

If you live in Pasadena or one of the surrounding areas and would like to learn more about bankruptcy, then contact the attorneys at Huprich Vega. You can schedule a free consultation to answer any questions you may have, and if you decide to work with them, you'll have dedicated attorneys and staff at your side who will help you every step of the way toward a fresh financial start. Call now for free!

Need Legal leads? Click here to find out what we can do for you.

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Uncategorized https://www.lawterritory.com/blog/pasadena-bankruptcy-attorney/ https://www.lawterritory.com/blog/pasadena-bankruptcy-attorney/ Editor Sun, 27 Sep 2020 23:39:52 -0400
How Can A Bail Bondsman Help Your Legal Case? When you have been arrested, you will first be processed and then sent to a local jail for holding. If a judge has granted you bail, you don’t need to sit behind bars while you wait for your trial. You have the option to put up funds or collateral in order to secure your release. But is this a financially sound investment? When you or a loved one has been arrested, you might not know what choices are best for your case. You need the help of professionals to navigate the local legal system and secure your freedom. A bail bondsman is one such service that you can utilize following an arrest.

What Are My Options For Bail Bonds?

Depending on what state you reside in, you might have several options for posting bail. In states like Connecticut, individuals have the option to post their own bail using a 10% cash payment if their total bail amount is below $20,000. This sounds like a good deal for a lot of people, but in fact those same bailbonds could be as low as 3% with the help of a state bonds agent. When you choose a bail bondsman, you may be given additional payment options that you qualify for, such as financing and collateral backed bonds. Not to mention, bail bondsmen are a great resource for any case, The right provider will be able to recommend a local attorney for your case and provide you with additional financial, legal, or even recovery resources.

Bonds Agent Vs Self Bail

Is posting your own bail where available a good option? In some cases, yes, this may be the more financially responsible option. However, there is a lot to consider when you choose to post your own bail, or the bail of a loved one. Bail bonds providers do a lot more than write insurance bonds. A bail agent is responsible for financially backing you, so they take precautions to ensure that they’ll get their money back after your case. That means these providers know how to deal with their clients and local law enforcement agents. Many are licensed bounty hunters as well. All of these precautions go towards making sure that their clients appear in court on the appointed day. Not to mention, these agents are protected by the law to use force and to enter without permission when it comes to getting their charges to court. They can even make an arrest anywhere and anytime if there is a warrant for the individual. Just because an individual or their loved one chooses to post their own bail does not mean that they are granted these same rights and protections, even though they have the same responsibility that a bondsman would have.

If you aren’t willing or able to take on that responsibility (and the responsibility of posting the FULL bail amount if the individual on bail does not meet their court date), you are much better off consulting with a bonds service.

Those who have been arrested have a lot on their minds, the foremost of which is often getting released from jail and back to their daily lives. Bonding agents can make that happen with affordable solutions for posting bail. Take the money you didn’t spend on excessive bail amounts and put it towards the right attorney to represent your case. Your bondsman may even have a great recommendation for you if you aren’t sure who to seek legal counsel through. Regardless of your crime or situation, if you have been granted bail, a bondsman will help connect you with a variety of resources that could end up making your return to a normal life easier and faster.

When To Seek An Attorney

In most cases, you will want to consult with an attorney as soon as possible after an arrest. Using the services of a bail bonds company is the best way to get out of jail in order to seek additional legal help for your case, or just to maintain your job and life while awaiting your trial. Being behind bars is stressful and it can distract you from building your case. Without the help of both a bondsman and a qualified attorney, some individuals may not be able to give their case its best chance and may not have a satisfactory day in court. If you feel that you are financially unable to withstand the posting of bail, consult with a bondsman in your state today to learn more about the ways in which they may be able to help you get out of jail.

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Uncategorized https://www.lawterritory.com/blog/how-can-a-bail-bondsman-help-your-legal-case/ https://www.lawterritory.com/blog/how-can-a-bail-bondsman-help-your-legal-case/ Editor Fri, 28 Aug 2020 09:06:44 -0400
Top Rated Workers Compensation Attorney in Los Angeles Is Discussing a 2.3-Million-Dollar Settlement A top rated Los Angeles workers' compensation attorney in los angeles ca is discussing a monetary settlement for the incredible amount of 2.3 million dollars. The attorney, a member of C&B Law Group's team, took on the case of Bob Smith after he was paralyzed due to a workplace accident and was unable to receive adequate compensation to treat his injuries.  However, everything changed when he decided to work with C&B Law Group.

Smith recalls working on the job site in Los Angeles, "It was a normal day; everything was going well. When they asked to lift me up on the forklift to throw the trash over into the large bin, they said it should be easy. Next thing you know, I lost my footing and ended up falling 12 feet right on my back and blacking out”. His co-workers rushed him to the hospital, where he spent the subsequent days recovering.

After arriving at the hospital, his condition became critical. They had to replace two discs in his spine surgically, but it wasn't enough to mitigate the damage from the fall. "After a few days, the doctor gave me the bad news," he said, "he told me I was paralyzed from the waist down and would never be able to walk again.”

Having learned of his diagnosis, Smith knew he would need money to pay for his medical bills and sustain himself while he regained control of his life. With that, he applied for workers' compensation benefits.

Smith duly notified his employer about the injury and filled out all necessary paperwork. Days later, he received a call from his employer's insurance company and to his surprise, they offered him a much smaller settlement than he expected, so he decided to hire a lawyer.

The attorney neglected Mr. Smith’s case and the results were not what Smith expected. "I had that lawyer for a long time, but he never accomplished anything, my case was going nowhere, so I needed someone more effective," he said.

Smith fired his first attorney and contacted C&B Law Group to handle his situation. Michael Chakrian, a top-rated workers' compensation attorney from the firm, took over his case.

Chakrian, who has dealt with hundreds of similar cases, described the situation as extremely unfair. "When Bob came to us, he told us that the insurance company had offered him very little compensation. Given the injuries he suffered, that was extremely unfair and unacceptable. We could not tolerate him being taken advantage of, so we went to work", he said.

The insurance company was a significant hindrance. However, thanks to his experience and knowledge of the law, Chakrian knew precisely what he had to do to get them to give in to his client's demands.

After several months of intense negotiations, C&B Law Group's attorney accomplished his goal and closed a deal with the insurance company, whereby his client will receive a settlement of roughly 2.3 million dollars.

"It wasn't easy, but through a lot of effort, we were able to get the insurance company to agree to a $2.3 million settlement," said Chakrian shortly after the negotiations. "We also secured Bob's permanent home health care so he would have nothing to worry about," he added.

After hearing the news, Smith said that he had "made the right choice" by working with C&B Law Group and that these attorneys "saved his life.”

C&B Law Group is a law firm that specializes in personal injury, employment law, and workers' compensation claims. Their attorneys have handled many cases similar to Bob's and have recovered over $7 million in the last year alone. Many of their clients claim that they are one of the " top-rated law firms in California.”

Furthermore, this law firm has a clear philosophy: "no fees unless we win," which gives every client the attention to detail their case deserves.

If you ever need an attorney for your workers' compensation case, be sure to check out C&B Law Group. Initial consultations are also entirely free, so you have nothing to lose but have everything to gain. 

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Uncategorized https://www.lawterritory.com/blog/top-rated-workers-compensation-attorney-in-los-angeles-is-discussing-a-23-million-dollar-settlement/ https://www.lawterritory.com/blog/top-rated-workers-compensation-attorney-in-los-angeles-is-discussing-a-23-million-dollar-settlement/ Editor Thu, 27 Aug 2020 00:09:26 -0400
How does conflict during separation affect children Divorce or separation between parents is a dicey topic to discuss. Not all couples may have a fruitful marriage. They however continue remaining together because they want their children to have a safe home. In some instances, though, the situation goes out of control.

Children have to witness everyday fights and a painful separation process. On certain occasions, the child's custody goes to one parent with visiting rights to the other. The feeling of dislike divides the kids as they have to adjust to whatever parental love they are getting.

Though staying in a bad relationship is traumatic, the ensuing separation is worse. Read on to know how conflicts during divorce bother the children trapped in between.

Adjustment

A divorce means emotional trauma for all the parties involved. However, the kids have to suffer the most. Probably because this incident has shattered their idea of a happy family. How the child would react to this situation depends on his age and maturity level.

Young kids are the worst affected. They are unable to deal with moving from one parent to another and divided love that they receive. Many grow up with an unwanted feeling as the parents struggle to move on.

Grade children presume that maybe it is their fault. Since, at this age, kids are punished for their mistakes, they assume this is a punishment for some folly. They seem to not realize why their parents have to separate. Also, due to the tender age, they are in, the adjustment time in their case is prolonged.

Teenagers are grown up enough to handle matters. However, they also are unable to tackle divorce easily. At this juncture in life, it is quite reasonable if they resent both or one of the parents. It is also possible that the teenager might take it in good stride, depends on the situation entirely.

Increased stress

Divorce implies that the contact you have with one parent is going to reduce. In most cases, it is the father who is now a weekly presence in the child's life. The change in status means that the child's relationship with the other parent is going to suffer.

On the other hand, the mother is also going through the pain of a failed marriage. Handling everything all by herself makes her more demanding and critical with things. Single parents often become less supportive and caring. This change in behaviour usually indirectly reflects on the treatment meted to the child.

However, in some cases, the kids are not frazzled by the divorce. It is the new changes that come into their lives that are stress inducers. For example, a divorce could imply a change in schools, homes, and the burden of additional responsibilities.

Apart from that, financial woes could also make it difficult for single mothers to meet ends. With limited resources, the kids remain stressed and prone to outbursts.

Mental health woes

It is not simple for a couple to move on after a failed marriage. How can the same be possible for the children? Irrespective of their age, gender, and culture, kids who are involved in a divorce often face psychological issues.

The problems in adjusting to the new reality might get resolved in some months. Once the

child accepts the fact, these roadblocks vanish. However, there remains a possibility of anxiety and depression problems arising.

The situation is worse when the kid was equally attached to both parents. Children probably cannot accept the idea of the parents changing their paths so soon.

 

Behavior problems 

As the child tries to move ahead with his life, his conduct shows a downtrend. He may become impulsive, and this reflects in the manner in which he deals with outsiders. Often the school friends and classmates remain on the radar.

There are conflicts, and the single parent comes for a resolution. Any counseling about the parent's separation can, though, give the child a window to share his thoughts.

Academic performance

The child's academic performance suffers due to the strife in the family. Mental trauma of the ongoing conflicts diverts their attention. Instead of accepting reality, the children throw tantrums and take time to adjust. During this time, parental negligence affects the thinking process.

When the brain is so distracted, it is hard to concentrate on the studies. However, there is a catch here. If the divorce was a long time pending and expected the children sail through the affair. On the other hand, difficulties arise when kids are not prepared. Usually, this happens when the news is broken to them in a hurry and brashly.

Risk-taking nature 

In situations where the child is already an adolescent, the divorce impact can be hard. Such kids are highly prone to adapting to high-risk behaviors like substance abuse and sexual activity.

You find that in certain countries like the USA, such adolescents tend to start alcohol consumption early. They also report higher use of marijuana, tobacco, and drug as compared to their peers.

Where the father's attention has reduced, the kid moves on to have more sexual partners. But, if the divorce had happened when the adolescent was less than five years of age, then these changes may not be seen.

Future relationship acceptance

Eventually, everyone moves on, and so does the single parent. Children treat the entry of another partner with animosity. They refuse to accept that their mother may have a new beginning to her life.

Frequent disagreements happen, which might tilt the child's priorities elsewhere. On the flip side, this remains applicable to the father remarrying again. Eventually, it is the parent’s duty and their new partners to make the kids feel comfortable with the arrangements.

Conclusion 

In today's society, marriages are declining at a fast pace. Though some partners continue with abusive behavior just for their kids' sake, that is damaging too. Being a parent, you must try your best to keep your kid's interests on priority. If possible, divorce should not damage the relationship you have with your partner.

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5 Key Benefits To Having A Parenting Plan After diverse when both the parents are not living together with each other then they must create a plan for their children. This way the custody of their children can be organized and the visiting time and place can be managed in a more appropriate manner.

For this purpose, a document is created that is called a parenting plan document. The purpose of this document is to set out the rules and regulations about the timing when the child will be spending time with one parent.

This document also has all the information about how the major life decisions of the child will be taken. It includes all the things like the religious believes the child is going to follow, education, and health.

Things do get a lot complicated after two parents separate. That is the reason why it is important and very beneficial to have a parenting plan in one place. This way no need of the child will be neglected and everything will stay organized and on track all the time.

In this article, we are going to discuss the five key benefits of having a parenting plan and a parenting order in place!

So, keep on reading to find out more information below about parenting order!

 1. Schedules And Timelines:

 When the parents have separated and a parenting order plan is being laid out then it is important to keep a particular schedule. This way the child will not feel alone and they will know where and what they will be doing at a specific time. With a specific schedule being laid out a child will feel more emotionally stable and secure because they will feel like they are being taken care of more.

 2. Planning:

 It is important to include in the parenting plan that where the child is going to be on a specific day. A parenting plan includes which days of the week the child is going to spend with each parent. This will save the parents and child from a lot of confusion and make the child feel much more secure in their life.

  1. Reduced Communication:

 When two parents are separating from each other then it is a natural thing that they are not going to talk a lot with each other anymore. So by laying out a parenting plan the parents will not have to communicate with each other all the time. That is because both the parents will have the parenting plan and they can look at it and just follow it on a regular basis.

 4. Love And Affection From Parents:

 For the emotional and healthy growth of a child love and affection from both the parents is very important. From research, it has been proven that a child that does not get attention from one parent can have many emotional syndromes later in life.

 5. Coordination With Each Other:

 It is true that the parents are not going to talk a lot with each other after divorce. But coordination and communication with each other from time to time is healthy for the child and their life as well.

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Importance of Legal Advice in Family Problems The cases of the family law cases may be fond of solving their problems by themselves but some very acute problems lead to immediate actions. They may include the usage of the power to get across the message or to mutilate the family bonding. Some situations do not need the intervention of the lawyers because of them being too petty. Regardless of what comes to the representing files, there needs to be a major setback on where the clauses need to be solved. For instance, in cases like that of the parenting and gaining rights over children, or guardian ownership. All such laws should be held accountable for letting the legal advice to fall into the place. This article sheds light importance of legal advice in family problems.

Family issues

There is a considerable amount of time that needs to be dealt with by the family-related issue by the legal expert. This area will have to be covered with emotional intelligence. There is access to the lawfully acceptable policies that cures to the responsibility. The available funding will have to be based on the circumstances and what is expected by the guardians. The merit list will have to be legalized and the things that will receive a greater chunk need to go in the favor of the client fighting for the family cause.

Expedites the project

There are many limited projects that need pilot running and this is why there will have to be a need for constant representation There needs to have a difference of opinion for the preservation of family property. The legal advice will have to be divided very carefully. The claims of the trauma will have to be distributed evenly and the legal abuses shall be kept away while resolving court-related harassment orders.

Curating multiple needs

The independent nature of the legal advice needs to be tackled with great care when family problems reach a peak. There will have to be greater sanction for community-based organizations which will follow the casework for the extended information. The range of services provided might vary depending on the type of community it is being given to. There are some family groups who are targeted and gets vulnerable with time. The assistance that follows is far greater than the individuals who fall victim to the wrong advice. This may include cases like family violence and property issues.

Registration for domestic Violence

This kind of abuse is highly common for the people in Europe and the United States of America according to the survey held by Preston University. The reasons can diverse and there are no legal social rules that may help to reduce the violence on the face of abuse faced by people of regular consultation. The authorizations committee needs to be protected in every way so they may pave way for the protection of service centers. The immediate causes may fall into the dangerous case as the information in which the partner files reach the other party. In this case, legal advice is high of use.

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What Causes Truck Accidents? With millions of trucks on the roads, it is not unusual to find yourself involved in an accident with a big rig. Large trucks are common on our highways since Houston is a hub for cross-country truck travel. When you get into a crash with an 18-wheeler, you may suffer a severe injury. If the accident was due to the negligence of the truck driver or trucking company, you might be owed money for your damages. Damages may include such things as medical expenses, rehabilitation costs, lost wages, and pain and suffering.

Factors that Cause or Contribute to Truck Accidents

As with any vehicle accident, some factors may cause or contribute to any particular truck crash. The Federal Motor Carrier Safety Administration (FMCSA) reviews and evaluates reports of truck crashes from data provided from every state. They note factors that caused the crash and those that contributed to the accident. There may be several or more factors for a specific truck accident, including critical events, critical reasons, and associated factors.

They categorize crash cause and contributing factors into several categories, including human error, mechanical, and outside issues. Human errors include driving mistakes such as failure to stop, making an improper turn, losing control of the truck, and speeding, among others. Mechanical issues are those that affect the way a truck operates. The most common mechanical factors are brake problems and tire blowouts. Outside factors are such things as weather conditions and road debris.

Common Reasons for Truck Accidents

Most truck accidents happen due to driver error. Inattention to the road is one of the leading reasons for truck crashes. A driver may become distracted due to using a cell phone or electronic device, due to fatigue, or because of alcohol or drugs, and other reasons. Inexperience can cause a driver to make mistakes or miscalculations that could cause an accident. Drivers must log their time behind the wheel and must take required rest breaks to prevent driver fatigue.

Mechanical failures can occur that create a dangerous condition for trucks on the road. When the brakes fail, or a tire blows out, it can make the truck difficult to control. Another problem can be improper load distribution or securement. The load can shift when the driver makes a sudden move, and the shift can cause the vehicle to swerve out of control. Large trucks can weigh up to 80,000 pounds when loaded, making them hard to control. Weather conditions such as fog, rain, ice, and snow can make roads slick and driving dangerous. If a driver goes too quickly in hazardous conditions, it can lead to a crash. When the driver or the trucking company was neglectful and their actions, or lack of actions, led to an accident, they could be held responsible for the damages.

If you were hurt in a truck accident, you might have compensation for your injuries. Look for an experienced attorney with a record of success in truck accident lawsuits. Who you choose to represent you does matter?  Get the best 18-wheeler accident lawyer you can find.

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Personal Injury Lawyer Suggestions to Travel Safely from Las Vegas Airport to the Strip?

When you want to get to Las Vegas and have a good time, you need to think about how you are going to get there when you land in the plane. You need to get onto the Strip, but you cannot do that because it is quite a trek from McCarron to the best hotels and casinos in the world. You should be seeking an affordable option so that you can get there and remain safe. You also have to think about what will be safest for you based on the fact that you might like to party hard when you get to Vegas.

Rent A Car

Renting a car is a good way for you to get around the city, but you will need to find places to park. At the same time, you also have to remember that you might party very hard while you are there. You might not feel well enough to take the car back when you need to go home. You cannot drive drunk in the city, and you may have a hard time paying for parking because it can be expensive.

Uber and Lyft

If you get in an Uber or Lyft, you can be sure that there will be problems when you get in an accident. There are a lot of crazy drivers in the city, and the river of your rideshare will only have insurance for them. The corporation does not keep insurance just for you, and you might have a hard time getting compensation. At the same time, you may not feel comfortable when you get in the car because some drivers are better than others.

Taxis

You can take a taxi all over the city, and you can easily pay the fare and move on. All the drivers are certified, and you can find cabs all over the city. It all depends on what you think is best because some people prefer the taxi to a car. Some people hate hailing cabs. You need to make a choice that is right for you.

Picking the right way for you to get around Vegas is very important because there are different levels of safety depending on what is right for you. You should make sure that you have researched all these options before you decide on what you would like to do. Also make sure you bring your insurance card just in case.

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Uncategorized https://www.lawterritory.com/blog/personal-injury-lawyer-suggestions-to-travel-safely-from-las-vegas-airport-to-the-strip/ https://www.lawterritory.com/blog/personal-injury-lawyer-suggestions-to-travel-safely-from-las-vegas-airport-to-the-strip/ Editor Fri, 12 Jun 2020 11:18:05 -0400
When And How to Hire A Car Accident Lawyer? An automobile accident will give you a lot of confusion. Who pays the vehicle damage? Who gets the car? When does the insurance company get involved? With no one to tell you what to do, it's up to you to protect yourself and your loved ones by using our decision-making tips to decide the best course of action.

You need an experienced lawyer to negotiate and claim the insurance and settlement if you are a victim of the accident. Most of the car accident lawyer s  work on a contingent-fee basis, and they charge you only if they are successful in negotiating your claims. You need to barre a minimal amount to claim your insurance unless you are physically injured. If you have any severe physical damage, then hiring an expert will always helpful.

You need to understand many things before hiring the best lawyer who fits for your requirement. These are the few things you need to keep in mind before hiring an excellent attorney. First, it's important to understand the laws that govern personal injury claims in the state. The particular law you encounter may vary.Next you need to follow these tips below.

  1. Look for referrals: Check with your family and friends for references. This will help you to know someone who needs to hire an attorney. You can understand how they work for you as you have already worked with the lawyer they refer to.

  2. Consider experience: If you have a very rare car accident, you need to look for the person who deals with that specific type of accident. If you have fatal injuries or death, you need to check for the lawyer who has the right amount of experience with these kinds of incidents. Always check for an attorney who has a strong success record for their clients.

  3. Knowledge of fees: You need to understand the prices they are charging for the case. Most of the lawyers look charges a specific percentage of the payments after the settlement of the claim. When you can understand the fees, you can compare the expenses of the lawyer before hiring them. Knowing the percentage they are charging will help you figure out whether they are in your budget. This will helps you to hire the best lawyer within your budget.

  4. Ask the right questions.

The next best thing you can do before contacting a reputable attorney is to make sure you have the questions properly prepared. Make sure you get enough information before contacting an attorney to avoid any heartache. If you have any unanswered questions, just keep calling your attorney. Once you have made sure you have all of your questions answered, you should start to research who is the best accident lawyer

  1. Be Aware; Insurers Are NOT Required To Pay For Every Claim

Insurers are legally required to pay for the damage to a vehicle that results from a car accident. The reason for this is that a car accident can be categorized as a "fire, flood, windstorm, natural disaster, road hazard, or accident." That means the damages that can occur during an accident do not need to be considered "an accident" in order to receive emergency payments.

Hiring a reasonable attorney is a  tough tough task. But if you follow the above tips, you will be able to find the best lawyer for your needs.

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Uncategorized https://www.lawterritory.com/blog/when-and-how-to-hire-a-car-accident-lawyer/ https://www.lawterritory.com/blog/when-and-how-to-hire-a-car-accident-lawyer/ Editor Fri, 12 Jun 2020 00:37:11 -0400
What are the physical and mental disabilities that qualify me for Social Security Disability? If you cannot work due to a physical or mental condition, you may be entitled to disability benefits. While the Social Security Administration (SSA) maintains a list of qualifying impairments, a number of other factors are considered in a benefits claim. The best way to obtain the benefits you deserve is to work with an experienced disability lawyer.

What is the Blue Book?

The SSA’s list of qualifying impairments is referred to as the “Blue Book” (Disability Evaluation Under Social Security). The list includes disability assessments for both physical and mental conditions, as well as specific requirements indicating when an impairment is considered a disability. If your condition is listed, you generally qualify for benefits as long as you meet the other eligibility requirements.

It is important to note that you may still be eligible for benefits if your condition is not on the list, as long as the SSA determines that it is medically equivalent to a listed condition. Given the complex eligibility requirements for obtaining disability benefits, it takes a skilled disability lawyer to protect your rights.

Physical Disabilities Under the SSA Guidelines

To meet the medical eligibility requirements for disability benefits, you must have a physical impairment that is expected to last up to one year or result in death. Physical disabilities listed in the SSA’s Blue Book include the following specific body systems and impairments:

  • Musculoskeletal
  • Special senses (vision/hearing)
  • Respiratory system
  • Cardiovascular system
  • Digestive system
  • Genitourinary system
  • Hematological (blood) system
  • Skin disorders
  • Endocrine disorders
  • Multiple body system conditions
  • Neurological conditions
  • Mental impairments
  • Malignant neoplastic conditions (body system cancers)
  • Autoimmune system disorders

While the list includes impairments for each body system, it is not possible to include every condition that may qualify as a disability. For this reason, the list contains guidelines for  disability examiners to use when determining whether a claimant’s condition is considered a disability.

What other factors are involved in a disability benefits claim?

Although disability examiners use the Blue Book and the accompanying guidelines to evaluate a claim, there are a number of other factors involved in a disability determination. First, your benefits claim must be supported by objective medical evidence including records of doctor’s visits, radiological tests (e.g. X-rays, CT and MRI scans), lab tests, strength and exercise tests. In addition, examiners will also consider the extent to which your physical condition limits your daily functioning by affecting walking, bending, or lifting.

Finally, there are also technical requirements that apply to disability benefits. Under the Social Security Disability Insurance (SSDI) program, for example, you must have paid into the Social Security system and acquired enough work credits. To be eligible for Supplemental Security Income (SSI) benefits, however, you must be able to demonstrate financial need.

In any event, an experienced disability lawyer can work with you to make sure you have met all the technical and medical requirements for obtaining disability benefits.

Disability Benefits for Mental Impairments

Obtaining disability benefits for a mental illness can be challenging for a variety of reasons. In some cases, it may be difficult to evaluate the symptoms of a mental impairment. In others, the severity of a mental condition may not be fully understood. That being said, the SSA’s list of qualifying mental impairments covers:

  • Schizophrenia
  • Intellectual disorders
  • Autistic disorders
  • Anxiety
  • Depression
  • Bipolar disorder
  • Substance abuse disorders

These conditions are only some of the cognitive, emotional, and mental disorders the SSA considers to be inherently disabling; there may be other mental impairments that prevent a claimant from performing substantial gainful activity (SGA).

What factors are involved in benefit determinations for mental conditions?

In addition to relying on the Blue Book, disability examiners will look at the clinical notes of mental health professionals. The examiners will also review questionnaires that must be submitted with the application. One of these is completed by third parties, typically friends of the claimant, about the individual’s condition and day-to-day routine; another is the claimant’s activities of daily living (ADL) questionnaire.

Ultimately, the criteria for evaluating mental illness is subjective, and there are few standardized tests to assess the severity of many mental conditions. In addition, if the mental impairment does not meet the SSA’s criteria, examiners will consider other factors, such as the claimant’s mental “residual functional capacity” (RFC). This is basically an assessment of the claimant’s ability to perform the same type of work that he/she used to, or any other work. In light of these challenges, obtaining disability benefits for a mental impairment requires the advice and guidance of an experienced disability lawyer.

The Bottom Line

Despite the fact that the SSA maintains a list of physical and mental impairments that are considered disabling, there are a number of factors involved in a disability determination. By working with an experienced disability lawyer, you will have peace of mind knowing that a dedicated advocate is in your corner, fighting for the benefits you need and deserve.

Attorney Profile: Kiel Roeschke

I have focused my practice on representing and helping disabled clients obtain the benefits they deserve. My practice includes assisting individuals at all levels of the Social Security disability process, including the initial application, Administrative Law Judge hearings, and before the Appeals Council. In addition, I also represent clients in Social Security appeals before the United States Federal Courts. Throughout my career, I have successfully represented thousands of claimants before the Social Security Administration.  Simply put, Disability is what I do!

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Car Accident Lawyers Handle These 5 Cases Most Often

Have you been involved in a car accident? If so, you may be dealing with a complex legal situation. Legal cases for car accidents can get messy. You want to make sure that you are either compensated for the damage or not liable for the damage that occurred. Here are some of the cases that a lawyer can help you with no matter what situation you're in.

 1. Personal Injury Lawsuits

 In a good number of car accidents, the insurance company will not provide enough of a claim to compensate for the damage. You may be dealing with serious medical bills and damage to your car that exceeds the claim amount. This is especially the case if multiple people were injured in the accident.

 You need a good attorney, such as Edwards Injury Law, by your side to help you build a case against the party or parties responsible for the accident. In some cases, it may be caused by road conditions, so you may be able to pursue a case against the city.

 2. Defense Against Lawsuits

 On the flip side, you may be accused of negligence which led to the accident. You will likely need to defend yourself in court. You want a lawyer that's going to gather all of the evidence and build a strong defence against a lawsuit.

 Car accidents are also not as straightforward as things may seem, so even if you had some fault in the accident, there may have been other factors in play. With the help of a lawyer, you can mitigate part of the financial responsibility. This will put you in a better financial position than admitting full responsibility for the accident.

 3. Fighting Insurance Companies

 You have to remember that the job of the insurance companies is to offer you the smallest claim possible. In some cases, the insurance company you're with may try to refuse a claim. You will want to work with a car accident lawyer to get to the bottom of all the laws and contracts.

 A lawyer will see if there's any legal validity for why the insurance company is not paying out. In situations where the settlement offer is too low, a lawyer will help calculate all the costs caused by the accident and negotiate a fair settlement on your behalf. Many insurance companies do not want to go to court, so strong negotiation tactics will often work in your favour.

 4. Wrongful Death

 The worst-case scenario is when somebody dies as a result of the accident. In a situation like this, you want to make sure that you get the justice that you and your family deserve. You probably understand that the insurance claim will never bring back a loved one who had died in an accident.

 That's why you'll want to move forward with a lawsuit. The burden of proof is on the plaintiff. You need your lawyer to build a strong case, especially when so much is at stake. The defendant(s) will also hire competent lawyers, so you will want to hire a professional that can win your lawsuit.

 5. Pedestrian Accidents

 Accidents involving pedestrians are also common whether you were the driver or you were the pedestrian. It's important that you hire a lawyer in cases involving pedestrians. You want to prove that the other party was responsible for the accident.

 If you're the driver, you want to offer proof that the pedestrian made the mistake which had lead to the accident. If you were injured as a pedestrian, you need to come up with a strong case that proves negligence on the other party or organization. These cases are difficult to deal with because sometimes it's a "he said, she said" situation.

 These are the five cases that car accident lawyers deal with the most. If you're dealing with any of these scenarios, you'll want to hire a lawyer to fight for you. Don't accept the situation you're in or wait until the last minute. You want to make sure that you're compensated for the damage that you've incurred.

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How to Find a DUI Lawyer

Dealing with a DUI charge may feel like the odds are against you. The reality is that there is a good chance that you can successfully fight the charge or at least lessen the charge. But to make this happen you need a good lawyer that has experience with DUI cases and is going to fight for you. Here are some things you want to do to find a good lawyer:

  1. Go with Lawyers that Specialize in DUIs

 It's always a good idea to go with a DUI lawyer than a normal defence attorney. A lawyer that specializes in dealing with DUI cases knows about all the legal implications of these cases. They know how to mount a strong defence even when it seems like the situation doesn't seem to be in your favour.

 And of course, they have the essential experience. They've worked with hundreds of clients and have many winning cases under their belts. They know when to either take a plea, fight for a lesser charge, or go for defence.

  1. Talk to Several Lawyers

 It's always a good idea to talk to as many lawyers as possible. Don't stop just because you think you've found your attorney in the first few calls. You want to get an understanding of which lawyer is going to fight for you rather than treat your case as another job. At the same time, you want to make sure that the lawyers are realistic about what can be done for you.

  1. Pay Attention to How the Lawyer Treats You

 A good lawyer will ensure that they keep the lines of communication open. They'll explain all the legal details, pay attention to your specific situation, and make sure you understand what's going to happen every step of the way. What you don't want is to deal with a lawyer that tries to tell you that all you need to do is follow what they tell you to do to win the case.

  1. Go with a Local Lawyer

 It's a good idea to go with a local DUI lawyer for your DUI case. The reason why is because the lawyers in the area know how the court system works. They know the judge and the prosecutors that frequently work in the courts.

 This means they'll have a good understanding of how the prosecution will proceed with their case. As a result, they can mount a better defence than a lawyer that hasn't worked in the local courts. Of course, even if the lawyer isn't from the area, it will be beneficial if they've been to the court where your case is going to be held.

  1. Make Sure the Lawyer is Upfront About Legal Costs

 An ethical lawyer will be upfront about the legal costs of fighting your case. You do not want to deal with outrageous charges because the case went to trial and the lawyer had to fight on your behalf. Make sure that everything is in writing and there is a clear understanding of what the rates are based on how the case proceeds.

  1. Hire Early

 Don't wait until the minute to hire your lawyer. You need some time to come up with a strong defence strategy. You want to get a better understanding of what your options are and make the best decision. The lawyer cannot perform at the highest level if you give them a limited amount of time. Make sure you hire a lawyer as early as possible to give yourself a better chance of dealing with the case.

 These are just some of the things you'll want to do to hire a good DUI lawyer. While the situation may seem dire, you have to consider the fact the consequences of a DUI charge can be very damaging. You don't want to leave things to chance. You want a good lawyer by your side that's going to help you win your case or mitigate the damage that's going to be done.

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Medical Malpractice 101: What to Look Out For When a loved one is in the hospital or on life support, often the last thing on your mind is to distrust the physicians and caretakers that are responsible for their care. Even worse, when it’s your own illness that you’re dealing with, you want to trust those who are charged with healing you. However, even in a noble pursuit like medicine, there are bad apples in the bunch whose negligence and irresponsibility can cause devastating injuries or even death to their patients.

If you’re not a medical expert, it can be difficult to discern whether you or a loved one’s injuries or pain are due to negligence--and that shouldn’t be your job. But if you suspect that the doctors and nurses who you trust to heal you or your relatives have in fact done an injustice against your family, you should know the legal ramifications of medical malpractice. There’s no reason to feel like you’re alone when there are many attorneys out there who want to help you and your family to return to normalcy.

Medical malpractice can be hard to recognize, but pain and suffering for months after a surgical procedure is not normal. Get in contact with a lawyer if you suspect any harm has been done due to the irresponsibility of a medical provider.

Signs of Medical Malpractice

In order to prove medical malpractice, there are a few things that need to be demonstrated in a court of law. The attorney must prove, beyond a reasonable doubt, that the provider had a duty to care for the patient, that they were negligent of that duty under certain standards of care, and that this negligence caused harm to the patient, such as lasting injuries or even death.

From a layperson’s standpoint, it can be hard to tell if malpractice has been committed. Here a few signs to look out for.

  • Treatment Doesn’t Work or Help Symptoms

If you’ve been diagnosed with an illness and put on a treatment plan, you would obviously expect that you would begin to feel better and your symptoms would be reduced. One common issue, however, is often misdiagnosis, which can have extraordinary consequences if you decide to go under the knife to have surgical treatment. When treatment doesn’t work, you may be a victim of medical malpractice.

  • No Informed Consent

Sometimes, when doctors perform surgery to correct an issue, they may see something else that needs to be addressed. Some doctors will take the initiative and correct the problem, but this is an issue because any procedure requires informed consent. If consent is not given to perform the procedure, then the surgeon is not allowed. In cases where harm is caused due to lack of informed consent, medical malpractice may have been committed. 

  • Surgical Injuries

It’s common to not feel like yourself after surgery, but when healing is delayed to the point that it causes real issues in your life, a surgical injury may be the cause. If these go untreated, they could have damaging consequences and cause even worse injuries than the surgery was meant to correct. Dealing with pain and suffering for years after surgery isn’t normal--this is another sign of medical malpractice.

What to Do If You Suspect Malpractice

If you suspect that a doctor or medical provider has been negligent in their care for you or a loved one, do not hesitate a moment. There may be something seriously wrong that can be corrected if it is brought to another provider’s attention, but even if it is not an emergency, those who have wronged your or your family deserve to be brought to justice. 

Although it may not always be easy to prove a medical malpractice claim, a seasoned attorney will work their hardest to ensure that you and your loved ones are taken care of during this hard time. 

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Uncategorized https://www.lawterritory.com/blog/medical-malpractice-101-what-to-look-out-for/ https://www.lawterritory.com/blog/medical-malpractice-101-what-to-look-out-for/ Editor Wed, 06 May 2020 06:14:19 -0400
Common Misconceptions About Private Investigators

When you think of a private investigator, what’s the first thing that pops into your mind? If you’re like most people, it probably has something to do with the way the profession’s been portrayed on popular television shows over the years.

But regardless of what you see in the media, private investigators don’t normally spend their days engaging in high speed car chases, having shootouts with the bad guys or jumping off of tall buildings in pursuit of a suspect.

These are a few of the many myths and misconceptions surrounding the world of private investigation, and we thought we’d debunk a few of the other ones here today. Matthew Garcia, working for ACES Private Investigations of Tampa breaks down the most common client issues and questions that arise during an investigation.  

Misconception #1 – Private Investigators Can Break the Law

That is a hard no in every conceivable way. Private investigators can no more break the law than you or I can; in fact, they’re ethically prohibited from doing so.

So if a private investigator is on the job and speeding down the highway, he’s just as likely to get a ticket as anyone else is.

This misconception pertains to all laws, but we’ll discuss a couple of specific examples later on in this article.

Misconception #2 – Private Investigators Can Make Arrests

Another myth that you’ve probably seen on television concerns private investigators making arrests and hauling the bad guys off to jail. Forget what you’ve seen, as this doesn’t happen.

Private investigators can report crimes to the proper authorities, just like anyone else, and by the very nature of their work may witness more crimes than most. But they cannot physically arrest anyone for any reason, unless it’s a citizen’s arrest that anyone can make.

But citizen’s arrests are extremely rare for a reason, and that’s because it’s a very dangerous undertaking for someone to engage in.

Private investigators are, as the name implies, investigators. They are not officers of the law. Some also tend to provide bodyguard services and also event security which has its own do's and don'ts

Misconception #3 – Private Investigators Can Wiretap Phones

If a private investigator enters someone’s home and wiretaps their phone, he or she is actually guilty of committing two crimes – the actual wiretapping, as well as breaking and entering.

If the investigator is caught, he will be arrested and prosecuted. And if he isn’t caught, any evidence gathered by use of an illegal wiretap will not be admissible in court anyway.

Misconception #4 – Private Investigators Can Record Private Conversations

Whether on a telephone, while riding in a car, in a restaurant or any other conceivable situation, private investigators cannot legally record someone without their consent, at least in most states.

That being said, there are some states where this can be done legally provided one party is aware of the recording being made. But this is only in a handful of states, so most private investigators will not engage in this sort of activity.

Private investigators can take detailed notes while listening in on a conversation, however, as long as this isn’t being done via an illegal wiretap.

Misconception #5 – Private Investigators Can Access Private Information

Private investigators have a reputation for making very good use of information that’s available online. But these are public documents that anyone can access, if you know where to look.

In contrast, private investigators cannot access private or confidential information like bank records, government records and several others.

Private investigators do often have relationships with law enforcement officials, however, that can help them access information that you can’t always find on your own.

But these are documents that are in the public record. Accessing private information without the consent of the other party is illegal for everyone, and this includes private investigators.

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Uncategorized https://www.lawterritory.com/blog/common-misconceptions-about-private-investigators/ https://www.lawterritory.com/blog/common-misconceptions-about-private-investigators/ Editor Wed, 08 Apr 2020 08:11:18 -0400
Leading Causes of Road Crashes and How to Prevent Them Car accidents are regrettably quite common these days and the majority of them are often caused by human error. Although some are pretty minor, thousands of people lose their lives each year due to these terrible road crashes. To avoid risking your life while driving, it is important to drive in a careful and safe manner and adhere to all traffic rules. But just because you are extra cautious doesn’t mean you can be sure every other driver on the road will act appropriately. Most car accidents arise due to several factors. Here are some of the common causes!

Distracted Driving

Distractions are very common while driving and they are a major contributing factor in car accidents. Nowadays, drivers are equipped with all sorts of handheld electronic devices – smartphones for instance – raising concerns of distracted driving. You should pay attention by keeping your eyes on the road while driving. Avoid texting, calling, reading, grooming, or eating and talking while behind the wheel.

Alcohol and Drug Impairment

Despite numerous concerted efforts by authorities and other relevant institutions to eradicate drunk driving, car crashes related to alcohol and drug impairment continue to be quite prevalent. To make matters worse, drunk driving and driving while under the influence of drugs often result in some of the most horrific and deadly car crashes. In case you’ve had something to drink, it is advisable to take a taxi or have a sober person drive you home. It is never worth the risk.

Over-speeding

Although it is very tempting and thrilling to push your car to the limits when running late or in a hurry, over-speeding is among the leading and most common causes of road carnage. You should always resist this urge to push the speed limit and ensure you always drive within the stipulated speed limits.

Rain

While it’s not always easy to avoid driving in the rain, you should be extra cautious of the slippery and treacherous road conditions caused by a heavy downpour. Unless it is absolutely necessary and you can’t help it, you should try to avoid driving when it’s raining heavily. If the roads seem especially sleek or visibility is too poor for driving, just pull over and wait until the storm has dissipated to proceed with your journey.

Reckless Driving

This is another common cause of road accidents resulting from human error or even stupidity. Speeding way over the limit, changing lanes hastily and haphazardly, and acting aggressively while behind the wheel often leads to horrible crashes. It is important to remain calm and take your time while driving to avoid needless accidents that are usually caused by sheer recklessness.

Just because you are exercising the utmost care and adhering to all traffic rules to the letter doesn’t mean all the other drivers on the road are doing the same thing. In case you are in a car crash and you are not at fault, you should not be held liable for any damages caused by the mistakes or ignorance of the other driver. In such cases, consider protecting yourself by hiring a Fort Worth car accident attorney to file a car accident claim on your behalf. 

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Uncategorized https://www.lawterritory.com/blog/leading-causes-of-road-crashes-and-how-to-prevent-them/ https://www.lawterritory.com/blog/leading-causes-of-road-crashes-and-how-to-prevent-them/ Editor Mon, 09 Mar 2020 02:46:36 -0400