LawyerForYou: Blog LawyerForYou: Blog https://www.lawyerforyou.org/blog/ Copyright by LawyerForYou en LawyerForYou Thu, 02 Dec 2021 08:37:28 -0500 Time Limits in Personal Injury Claims

If you have been injured there are very strict time frames in which you must act to protect your right to compensation. We have put together a brief guide to help you understand the time frames associated with personal injury claims when the injury occurs in Queensland. There are exceptions to the time limits detailed below, in relation to people who were under the age of eighteen (18) at the time the injury occurred. We suggest you seek legal advice about your personal circumstances so you can be sure whether your claim can proceed.

Motor Vehicle Accidents

From the date of the motor vehicle accident, you have three (3) years to commence Court proceedings otherwise you will be barred by legislation from obtaining compensation. However, there are many steps that need to be taken before a claim proceeds to Court so it is important to seek legal advice as soon as possible.

If the other vehicle is insured then a Notice of Accident Claim Form must be lodged either within nine (9) months of the accident or one (1) month from your first consultation with a car accident lawyer, whichever is earliest. A claim can be commenced outside this time frame but a reasonable excuse for delay must be provided to the Insurer. You can discuss this delay with your solicitor who will be able to assist you in this regard. If you cannot identify the other vehicle or it was not registered/insured at the time of the accident, then your claim will proceed against the Nominal Defendant. The Nominal Defendant is a statutory body set up to compensate injured people when an Insurer is not in place to do so. All claims against the Nominal Defendant must be lodged within nine (9) months of the date of accident. If a Notice of Accident Claim Form is not lodged within three (3) months of the date of accident a reasonable excuse for delay must be given.

Workplace Accidents

If you are injured at work, you must lodge a claim within six (6) months of the date of injury. A claim lodged after six (6) months will only be accepted where it can be shown that there was a mistake, you were absent from the State or have another reasonable cause. A work injury lawyer will be able to assist you to determine if any delay would be considered reasonable.

Ultimately, to be entitled to compensation arising from an injury that occurred at work, Court proceedings must be commenced within three (3) years of the date of injury otherwise you will be barred by legislation. However, there are many steps that need to be taken before a claim proceeds to Court so it is important to seek legal advice as soon as possible.

Public Liability and Other Accidents

If you are injured in an incident that occurs at a public place or by a medical facility or healthcare professional, you may be entitled to compensation. The time limit for commencing proceedings in Court is three (3) years from the date of the incident.

A Notice of Claim Form must be served on the other party either within 9 months of the date of the incident (or from the first appearance of symptoms) or within 1 month following your first consultation with a lawyer. A claim can be commenced outside this timeframe if a reasonable excuse for delay can be established. We suggest that you consult a personal injury lawyer to discuss your claim and confirm your ability to make a claim for compensation.

Please contact our personal injury lawyers us if you wish to discuss a claim or any issue concerning compensation that you may be entitled to receive. Contact Sinnamon Lawyers to find out more.

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Uncategorized https://www.lawyerforyou.org/blog/time-limits-in-personal-injury-claims/ https://www.lawyerforyou.org/blog/time-limits-in-personal-injury-claims/ Editor Sun, 07 Nov 2021 22:20:48 -0500
Guardianship for Children 101: How to Select a Guardian? An unpleasant incident can happen at any time. It is wise to decide for your children before death approaches you. Both the biological parents of the child have the power to nominate someone as the guardian. It may seem unpleasant but, it's a wise decision. Guardianship lasts until the 18 years of the children. How to appoint a guardian for your children? Will this save your loved ones from crises? Here we are going to answer all of your questions. Just read the whole article and, in the end, you will get to know all about it. 

Nomination of Guardian

The natural parents of the child can appoint a guardian who must be above 18 years of age. If the parents are no more in this world, then the appointed guardian can decide for the children. On the other hand, if no guardian is appointed and parents die in a sudden incident then, the court will decide the guardianship. In this case, the court will decide according to the wish of the children. You can express your wish about your assets through a proper state plan. However, the children are not able to utilize the property before 18 years of age.

When the parents nominate a person for the guardianship of their children, the court fulfills the requirements. The court representatives may visit the residence of the nominated person. They also check the criminal record of the person. All these tasks are to ensure that the children will be in safe hands.

How to Select a Guardian?

When it comes to your children's responsibility, it's not easy to select someone. Having the right attorney with perfect estate planning is a must. You should keep the following points in mind while deciding about the guardian.

  1. Nature of the Person

Always choose the person who is responsible. Make a wise decision about your children. You can't give the responsibility to someone who is not ready to take it. Keep all aspects in mind for the better future of your children.

  1. Location of the Person

You cannot appoint someone who is far away from your children. It is essential to keep the location in mind. Just suppose if someone is living in another state if he can take care of your children. You have to make this decision in your life. Don't leave this matter to the surviving members of your family. If you don't have any relatives in the state then, consult a lawyer. The different States have different rules about moving children out of the country.

  1. Take Health Into Account

You must consider the health and age of the guardian. It is an important step as you can't choose someone who is not physically active. You may want to nominate your parent but, are they able to run after your little one? Make sure to select someone who can take the responsibility with proper physical and mental health.

  1. Religious Preferences

If you have specific wishes about religious matters then, convey them to the guardian. You don't want your child to go on the wrong way. Ask the guardian to keep a check on your loved ones for their betterment. It is essential to keep them on the right track.

What Are The Benefits of A Guardian?

When you select a person for your children, you relax that your children are in safe hands. Guardianship provides security to your loved ones. You are confident that your little ones will not suffer after your death. Also, you don’t have to worry about their financial expenses. If you choose the right person then, there is no need to worry.

Final Thoughts

Having a guardian is important for the well-being of your children after your death. You can't leave your little ones to suffer alone. A person who can take responsibility will give your children a better living style.

Get your documents for the guardianship process for the betterment of your loved ones completed right now with DAP Estate Planning.

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Uncategorized https://www.lawyerforyou.org/blog/guardianship-for-children-101-how-to-select-a-guardian/ https://www.lawyerforyou.org/blog/guardianship-for-children-101-how-to-select-a-guardian/ Editor Fri, 15 Oct 2021 23:40:00 -0400
5 Types of Personal Injury Cases

There are very few legal issues more complicated than personal injury law. There are so many different types of injuries, so many unique situations, and so much to know about the rules that govern cases. It is best to have a qualified personal injury lawyer https://philly-injury-law.com/ handling your case, so they can give you the most thorough and knowledgeable representation possible. In any personal injury case, the most important thing you need to know is that there are five main types of cases.

Here are the five types of personal injury cases

  1. Premises Liability

Premises liability cases tend to involve the most common types of injuries. This is because liability can arise from almost any situation where a landowner has control of a piece of property, and someone is injured as a result. This can be a landlord who fails to fix a broken step, a store owner who has a slippery floor, a family that owns a pool with an improper fence or gate, or even a neighbor with an overgrown yard.

  1. Dog Bite Cases

Dog bite cases are by far the most vicious kind of personal injury cases. With dog bite cases, liability can arise from almost any situation where a dog is in control of a yard, and someone is injured as a result. Tenants can be held responsible for a dog attack that occurs on the property. Landlords can be held accountable if they have been given notice of a dangerous dog and have failed to take action. Dog owners can be held responsible even if the dog is on their own property, provided they knew it was vicious. Dog bite cases are complicated because there are so many things to consider.

  1. Motor Vehicle Accident Cases

Motor vehicle accidents can easily involve very serious or even fatal injuries. In Pennsylvania, all drivers must carry insurance. The driver of the at-fault vehicle will be held responsible for any damages resulting from their negligence. If you have been injured in a car accident, it is crucial that you immediately get the other driver's information. This information will be vital when it comes to submitting a claim against them. Make sure you get the name of the driver, their license plate number, and insurance information.

  1. Wrongful Death Cases

Wrongful death cases can be extremely sad and traumatic situations for surviving family members. These cases arise when someone dies due to another person's negligent or intentional actions, and the survivors are left with the loss of the loved one. Wrongful death cases are usually the most serious because they involve extreme heartache and suffering, but they can also be lucrative. So much suffering means that families will often be looking at a large amount of money from a settlement, insurance companies, or jury verdict.

  1. Medical Malpractice Cases

Medical malpractice cases are similar to wrongful death cases but on a smaller scale. A doctor is held responsible for any damages that occur as a result of their negligence. The doctor may also be held accountable if the doctor committed an act of willful, reckless, or intentional misconduct. A medical malpractice case can be very complex because so many different scenarios can lead to an injury.

You must consult with a qualified personal injury lawyer Philadelphia to understand your legal rights and ensure that your case gets the best representation possible when it comes to personal injury cases.

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What Damages Are Available To Victims Of Drunk Driving Accidents? Drunk driving is a major safety concern for road users. Accidents due to reckless driving cause numerous deaths and serious injuries each year. As a result of these accidents, substantial sums of money are paid out as settlements. A drunk driver accident lawyer plays a major role in the legal proceedings preceding such settlements.

Driving while intoxicated, driving under the influence, or operating under the influence; these scenarios all refer to the same thing. The unpredictability and recklessness that characterize such driving make this type of crime a very serious one.

Serious car damage in accidents means serious physical injuries, some of which may not become apparent immediately. Victims of traumatic head injuries, for example, may not feel the full extent of such injuries in the aftermath of a car collision. However, like mood swings, inability to focus, and other nondescript symptoms begin to manifest, the harsh realization of one’s injuries dawns.

A personal injury lawyer can assist victims of reckless drunk driving by;

i)Requesting a copy of the incident report from the local police. 

Such a report should include all the necessary information about the incident and the arresting officer's actions. A field sobriety test is standard procedure for traffic incidents that may involve recklessness due to a controlled substance. Sometimes, the at-fault driver may make incriminating statements at the crime scene. All this information should be included in the incident report.

  1. ii) A blood alcohol test is vital to such cases.

 Additionally, the at-fault driver may be a repeat offender. His name is run through official databases to determine if he has prior arrests or convictions related to drunk driving.

iii) Video surveillance is crucial in any investigation. 

If available, all such content (including audio) should be presented as evidence. Many police departments now require their officers to wear body cameras. Such cameras may capture critical footage that can prove to be useful during settlement negotiations.

  1. iv) During the process of gathering forensic evidence at the crime scene, other potential aspects relating to the defendant are investigated. For example,

-Was the drunk driver on duty or not? If he was on duty, the possibility of naming his employer in the lawsuit increases.

 -Does the drunk driver have a history of carelessness and reckless driving? Past drunk driving charges and other citations for dangerous driving can be used as strong leverage points to force a settlement.

 -Was the at-fault driver driving in their car or was it a friend’s? This helps to set the tone for filing legal action.

-Did the person that loaned the car know that the driver was intoxicated and therefore unfit to drive?

Seeking Damages

Seeking the services of an attorney that specializes in personal injury and wrongful death claims becomes a necessity at this point. Such will know how to handle your case. Seeking compensatory damages can be a long and tedious process, requiring numerous court appearances and presenting the necessary paperwork.

Such compensatory damages include recompense for costs incurred directly as a result of the accident or injury. These may include medical bills and prescription charges. Because serious injuries can prevent some people from resuming employment, lost wages are also considered part of such compensatory packages.

Pain and suffering, whether physical or emotional, also becomes a major factor for compensation.

Sometimes, the scope of liability extends far beyond the drunk driver. All parties that may have contributed to the accident in whatever capacity are investigated too.

 Dram Shop Liability

As a classic example of contributory negligence, dram shop liability aims to bring liquor store owners to account in the event of an accident involving their customers. These laws extend liability to the establishment as an entity. All establishments that serve alcohol including restaurants and clubs, may be held accountable if a patron causes an accident after having left their establishment.

The term “dram shop” derives from a measurement unit that bars would use to dole alcohol out to customers.

The objective of dram shop laws is to ensure that victims of drunk driving accidents can get compensation from businesses that may have contributed indirectly to the accident. Injuries sustained during such accidents are usually severe. The limits on an insurance policy may not be enough to cover all the costs incurred by the accident victim.

Such dram shop laws are generally implemented at state levels. The degree of liability extended to an establishment that serves alcohol to a drunk driver varies:

  • The Legal Standard

Several variations exist in the interpretation of the extent of liability. The typical cases involve a plaintiff trying to prove that an establishment acted negligently. Such a plaintiff is required to demonstrate that the person that served alcohol to the at-fault driver was fully aware of the driver’s intoxication level. Other scenarios involve the selling of alcohol to underage patrons. Depending on the specific incident, an accident victim may allege and prove that the establishment knowingly sold alcohol to a minor. Some states put a limit on the maximum settlement amount for such cases.

  •  Notice Requirements

Some jurisdictions require that a plaintiff notify the alleged offending establishment within a specific period before initiating a dram shop liability suit.

  •  Social Host Liability

Alcohol is not only consumed at licensed establishments like bars but also at private residences and other recreational venues. When most people host events that may involve alcohol consumption, such hosts may not fully understand the potential ramifications.

Just like in drinking accidents involving establishments, some states make legal provisions for bringing a civil suit against any individual ( host) deemed to have acted irresponsibly in facilitating alcohol consumption at their event.

 Investigating All Possible Insurance Coverages

Scarcity of funds becomes a major concern for most drunk driving accident victims. An experienced personal injury attorney can help alleviate this financial burden by investigating other avenues. The at-fault driver may have other insurance policies other than car insurance. Such policies can be brought to the attention of the court; these funds could prove useful in compensating the victim.

 At the end of the day, a victim of a drunk driving accident can expect some form of monetary compensation if liability can be proven.

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Uncategorized https://www.lawyerforyou.org/blog/what-damages-are-available-to-victims-of-drunk-driving-accidents/ https://www.lawyerforyou.org/blog/what-damages-are-available-to-victims-of-drunk-driving-accidents/ Editor Mon, 09 Aug 2021 23:42:46 -0400
The Inherent Problems of Being a Will Executor A will executor is someone who, after being appointed, is responsible for administering the last will and testament of the testator or deceased person. It is the job of this individual to follow the instructions or wishes of the deceased when administering his or her will or trust documents. The executor must make certain that all the assets are distributed exactly the way the testator instructed. An executor or executrix (female) is appointed by the testator or where there is no prior appointment, by the Court.

The responsibility of the will executor

The roles and duties of a will executor are many but the most important one is ensuring that every asset listed in the will is accounted for, together with making sure that all the assets are distributed to the correct beneficiaries. There are different types of assets that can be distributed upon the death of a person. Some of the common assets include immovable property, stocks, bonds, direct investments, and collectibles such as art, just to mention a few.

In order to have an estimate of how much the various assets are worth, the executor makes use of the date of death value or what is referred to as the alternative valuation date. It is also the task of the executor to make sure that all the debts of the testator are settled, and that includes taxes. Although an executor can be anyone, in most cases, a person who is appointed to be the executor is an accountant, an attorney or a family member.

The challenges of being a will executor

In as much as an executor plays a very important role when it comes to distributing the assets of the testator, that role is not easy. In fact, being tasked with executing a will involves a lot more work than some people are aware of. That is why it is important to have a good understanding of the inherent problems of being a will executor before acting as one. Some of these problems or challenges are discussed below.

  1. Disputes among co-executors

In certain instances where a parent has several adult children, all the adult children may be appointed co-executors. The main reason is usually to avoid the issue of favoritism. Unfortunately, that arrangement does not always work well. For starters, some of the children may have moved out of the state or country. That alone makes it harder to deal with certain hands-on activities like selling a house or securing assets.

Some of the adult children may not have the financial literacy required when dealing with creditors or have the necessary understanding of tax issues, or even just the standard accounting skills that enable them to handle the distribution of assets correctly. Having more than one executor also means more paperwork is involved because there are certain documents or forms that will have to be signed by all the executors; even if they don’t reside in the same state or country.

  1. Disagreements with the heirs or beneficiaries

It is also very common for executors to face situations that involve disputes with heirs. Basically, securing the assets of the estate of the testator and then distributing those assets to the beneficiaries as directed by the deceased is the main duty of the executor. However, it can happen that certain heirs can even go to the decedent’s house prior to the funeral in order to cherry-pick heirlooms and other valuable items. The will may also be drafted in such a way that it gives the executor a lot of freedom when making the disbursements. For instance, the will may state that the executor can sell the immovable property and distribute the cash. So, by following the specific instructions of the testator, an executor can in the process be the cause of family disharmony.

  1. Time Consuming

Another inherent problem of being a will executor is that it is very time consuming. You have to be prepared to put in a lot of time and work to ensure that the estate is distributed correctly, according to the wishes of the testator. Take for instance the fact that the executor has to get in touch with different government agencies such as the Social Security Administration, the IRS and state tax authorities in the process of handling his responsibilities.

  1. Exposure to personal liability

Every executor is required to pay taxes that are owed prior to distributing the estate to the heirs. In the event that as the executor you make the decision to pay the heirs first and there aren’t enough funds available in the estate’s checking account to pay the various taxes, you will be held personally liable for those taxes. It is therefore necessary for the beneficiaries who are keen to get their inheritances to be informed that they are not allowed to receive their share of the inheritance until all the creditors, the IRS and any other person, company or government agency that has a claim against the estate of the deceased has been paid in full. The only exception is when dealing with proceeds from a life insurance policy set to benefit a particular beneficiary; creditors are not permitted to go after such proceeds.             

Can executors be taken to court by disgruntled families?

Family members may not like the way an executor is handling the estate of the testator and may consider removing him from his position. In general, you cannot remove an executor from his position without the approval of the Court. However, it is important to note that Courts are usually unwilling to remove an executor from his position unless there are very strong grounds to do so. In general, Courts have the inherent power to make an order for the removal of an executor who is considered unfit to act in such capacity.

Although the role that is played by executors in terms of distributing the estate of the testator is very important, that role is also not easy. Before you start handling the distribution of assets, make sure that you learn as much as you can about estate administration. That way, the process will go a lot smoother for you. 

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Uncategorized https://www.lawyerforyou.org/blog/the-inherent-problems-of-being-a-will-executor/ https://www.lawyerforyou.org/blog/the-inherent-problems-of-being-a-will-executor/ Editor Tue, 27 Jul 2021 23:36:12 -0400
Questions To Ask A Criminal Defense Attorney Before Hiring Finding a high-quality criminal defense attorney requires a lot of good questions!

Criminal charges are extremely scary and stressful, so if you or your loved one is facing criminal charges then you’re inevitably going to need some professional assistance. Finding a high-quality lawyer in your local area can be a lot easier said than done, and deciphering your best option amongst countless law firms is always tedious.

We’re fortunate to have teamed up with a Redwood City Criminal Defense Lawyer to support us in developing this list of important questions to keep in mind while you’re going through these hiring processes. So keep the following questions in mind as you’re narrowing down your best options!

Can You Please Explain Your Experience And Legal Background?

Experience is absolutely critical when it comes to your criminal defense attorney hiring decision, so being up front about this type of question is always important during your initial consultations and research phases. This includes asking how long a law firm has been in existence, or how long an individual lawyer has been practicing law.

You should also ask about their relationships within your local court system, including their relationships with police officers, judges and prosecutors. Here are some follow-up questions to keep in mind while you’re deciphering a lawyer’s overall experience and background:

  • What year is your law degree from?
  • What types of criminal cases have you successfully dealt with in your past?
  • Which courts have your previously appeared within?

Is Your Primary Focus Within Criminal Law, Or Do You Also Focus Within Other Practice Areas?

Lawyers can technically handle any case within a state they’re legally allowed to practice within, but these attorneys are typically referred to as general practitioners. They’ll know a lot about the law as a whole, but won’t know the intricate details of criminal law that your case will undoubtedly require. One of the best ways to see if an attorney is a “jack of all trades” type of legal specialist is to look through their website and see if they handle other practice areas like personal injury, divorce, etc.

When it comes down to it, your future is in jeopardy when you’re facing criminal charges. You should only put your trust in a law firm that specifically has criminal law expertise, because these specialists will know the types of arguments that work during plea deals and in court, and they’ll ultimately provide you with a more comprehensive strategy towards a favorable outcome.

What Are The Details For Your Legal Fees?

Anyone facing criminal charges will want to hire an attorney to support them by resolving their case, and not necessarily put them in a financial pitfall. You should look for a law firm that provides reasonable fees, but at the same time has enough experience to provide your case with a high-quality strategy.

It’s important to understand that defense attorneys will many times calculate their legal fees in different ways, so some will work on an hourly rate and others will utilize a fixed rate.

But this type of financial agreement should be transparent and up front during the hiring/interview process. If you don’t get a straight answer about legal fees, then it’s probably best to move on and work with someone else. A common red flag to be on the lookout for is when a lawyer says they’ll look into the details of your case and then later let you know about their fees!

What Are Your Thoughts About My Case?

This is always a crucial question to keep in mind during your initial consultation, because this will provide an opportunity for your prospective attorney to give you a glimpse into what they’ll do for you and what your expectations should be. They’ll likely let you know what your defenses are when answering this question, and you’ll be able to gauge their overall knowledge.

Gathering up as much information about your unique case will go a very long way towards helping you understand what to expect and how an attorney will go about handling your case.

Always Go The Extra Mile When Hiring A Criminal Defense Attorney

It’s very serious when you or a loved one is facing criminal charges, and your attorney will many times make or break your opportunity at a better future.

Asking the above questions will be a good starting point when it comes to knowing who will work best for you and your unique scenario, and finding the right legal representation will many times require a lot of research and going the extra mile during consultations and comparisons!

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Uncategorized https://www.lawyerforyou.org/blog/questions-to-ask-a-criminal-defense-attorney-before-hiring/ https://www.lawyerforyou.org/blog/questions-to-ask-a-criminal-defense-attorney-before-hiring/ Editor Thu, 03 Jun 2021 07:07:59 -0400
How Do I Sue for Wrongful Death? Filing for a wrongful death lawsuit is a difficult process best left to your lawyer to handle. It is hard to understand the proceedings and the requirements without the assistance of a wrongful death attorney. That applies especially to people who have never been involved in such a case before. However, it's your constitutional right to sue a person or an entity for the wrongful death of a family member.

Such a lawsuit requires you to follow some careful steps. Here is a list of steps to follow to build a strong case.

1.Find Out If You Are Eligible To Sue

Only the legally recognized heirs and immediate relatives of the deceased person can sue for a wrongful death case. Some states ban common-law spouses and adopted children from filing such a lawsuit. Your lawyer is responsible for finding the eligibility criteria and the grounds for your case. Then he may propose the right legal actions to take or pursue an out-of-court settlement with the liable parties.

2.Take Your Lawyer's Advice About Wrongful Death

Having a sincere and in-depth discussion with your lawyer would give you all the necessary information about the wrongful death litigation process. Your beloved family member could have lost his life in a car accident or during a fight. Both cases may seem similar but require different legal approaches.

Your attorney's legal team and private investigators will collect all the necessary evidence. After the evidence collection is complete, the firm, through consultation with you, advises on how to proceed next. Only if there is a direct link between the accused party being negligent to the death of your loved one can you proceed with the case.

3.Bring Evidence of Gross Negligence and Criminal Intent

The court would require you to present feasible evidence that gross negligence or criminal intent was the primary cause of death. At the same time, you need to prove that the deceased person's loss will create an unexpected financial and emotional burden. 

The combination of criminal intent, negligence, and potential damages from the loss of your deceased relative (loss of consortium) could become the necessary tools to persuade the jurors and the judge. 

4.Meet the Statute of Limitations for Paperwork Filing

Filing the right paperwork in district courts could be hard for anyone who hasn't been involved with such cases before. It would be better to leave all these papers to your lawyer and his legal team to handle. However, another difficult task to maneuver with paper filing and petitions for wrongful death trials would be the Statute of Limitations.

States have laws to protect people from being prosecuted indefinitely in the future. It would be better to know the timeframe you have to file the lawsuit before losing that right. For that reason, your lawyer could immediately start gathering evidence and filing papers to courts before the deadline expires, provided you have enough reasons to support such a case.

5.Precisely State Your Damages

Damages incurred from a wrongful death are hard to prove in court. This is because the case is partly based on the assumption of what financial support the deceased gave the immediate family and what they would have provided if they did not die. It is difficult to estimate the exact salary losses, especially when the deceased person is a freelancer or an entrepreneur. 

Your attorney has the right training to gather the required financial documents from the family and present them to the court. The emotional damage could also get estimated according to the caps the state poses for such cases. By any means, it would be necessary to have a clear and precise strategy in how to approach the case. The more accurate and documented it is, the higher the chances to get a positive outcome in court.

Wrongful death lawsuits are common in many fatal accidents, especially with people with big families. The necessity to have a lawyer to guide you through the whole process is undeniable. Fatal accidents can take away a beloved person and leave you in grief and despair. The court's primary concern is to ensure that justice is found for all parties involved, making it a long and grueling period. 

Even though it can be difficult, it is important to have a precise plan for presenting your evidence to the court. Having a lawyer by your side may help you navigate these trying times as they will put emotions away and focus on getting you justice. 

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Uncategorized https://www.lawyerforyou.org/blog/how-do-i-sue-for-wrongful-death/ https://www.lawyerforyou.org/blog/how-do-i-sue-for-wrongful-death/ Editor Mon, 31 May 2021 06:43:42 -0400
Do All Car Accident Cases Go to Trial? If you have been injured as a result of another motorist’s negligence, it’s a lot, and the thought of going to trial to obtain the compensation to which you are entitled can be overwhelming. You have been placed in the difficult position of needing to regain your health and well-being, and the last thing you want to do is battle something out in court.

The truth of the matter is, however, that the vast majority of car accident claims are settled outside of court, and if your case does move forward to trial, you can leave the heavy lifting to your experienced St. Petersburg car accident attorney.

The Building Blocks of Your Car Accident Claim

Every car accident has unique circumstances, but every car accident claim also comes down to the same basic building blocks, including:

  • You were hurt in a car accident as a result of another driver’s negligence.
  • You seek compensation from your own personal injury protection (PIP) coverage.
  • If you have uncovered losses, you seek additional necessary compensation through the at-fault driver’s insurance coverage.
  • You negotiate for just compensation with the insurance company.
  • You and the insurance company reach a settlement that you are both willing to accept, or – if the insurance company refuses to negotiate in good faith – your claim may proceed to trial.

Ultimately, it is in your best interest – and the best interest of your claim – to move through this process with the right car accident attorney in your corner.

Negotiating with the Insurance Company

After filing your claim with the at-fault party’s insurance company, you will be hearing from the insurance rep who is assigned to your claim. This is where things can get tricky. Yes, the insurance company is paid by the at-fault party’s policy to cover your damages, but it is also a for-profit business that is very interested in maximizing those profits.

Your Statement

The insurance rep handling your case will ask you to provide an official statement in relation to the accident that left you injured. It is important to note, however, that this rep is skilled at obtaining statements that bolster their position and that diminish your own (it’s a well-honed skill set). The most important point to keep in mind is that you are not required to provide a statement – and you are better off allowing your skilled car accident attorney to do the talking on your behalf.

Early Settlement Offers

Another favorite of many insurance companies is swooping in with early settlement offers that don’t come anywhere near covering the complete damages involved but that, nevertheless, tempt desperate claimants who are watching their medical bills mount and their earnings decrease. Never accept a settlement offer until you’ve discussed the matter with a car accident attorney who is up to speed with the specifics of your claim.

Allow an Experienced St. Petersburg Car Accident Attorney to Guide Your Claim

The knowledgeable St. Petersburg car accident attorneys at Tragos, Sartes & Tragos are skilled negotiators who have ample experience affecting favorable claim resolutions that typically bypass trial altogether. Only if going to court is warranted will we suggest you move in that direction, and we will skillfully guide the proceedings from start to finish. Your claim is important, so please don’t wait to contact us online or call us at 727-441-9030 today.

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Uncategorized https://www.lawyerforyou.org/blog/do-all-car-accident-cases-go-to-trial/ https://www.lawyerforyou.org/blog/do-all-car-accident-cases-go-to-trial/ Editor Tue, 06 Apr 2021 23:13:23 -0400
Personal injury laws for businesses and the duty of care Before starting a business, the personal injury laws should be examined and the business-specific parts should be put into practice. It would be beneficial to manage this process with the support of a professional as even an unintentional breach of these duties will end up with legal problems. Starting a business is surely exciting as putting your skills into practice might be what you have been dreaming of for a long time. On the other hand, above anything else, you should research your sector and the legal requirements of your sector. There are safety standards determined for business places in each sector. However, the legal duties enforced in personal injury laws are common.

Negligence in the business place

Negligence is a term being used regularly in personal injury laws to describe the failure of taking the necessary care to avoid accidents. In a business place where tens of visitors are present, breaching these duties may end up in painful accidents. The duty of care in a business place covers a broad process. The visitor's whole journey and the time spent in the very business place should be safe. To clarify, if the business place is a restaurant, the impact of negligence can spread over time. If the food served to the consumer was contaminated –which is the business’s negligence-, the negative effects of negligence can take some time to appear. On the other hand, even if the business’s sole focus is to serve food, the service area should be safe for visitors. In a takeaway restaurant, the business will still be liable for any accidents that occur in the business place. Although the aim is to provide takeaway food, the businesses should keep every section of the business place clean and safe. This means, the duty of care also covers the interior safety of the business place. As an example, in a karting area, the service is utterly different. However, if you slip, trip and fall in any area of the business place, you may have a valid reason to sue the business.

Employer negligence and workplace injuries

From the worker’s perspective, an accident in the workplace can be quite deadly. Just as in the restaurant example, the same duty is owed to the employees. In a restaurant, an inordinate kitchen contains many risk factors that can lead to foreseeable accidents. As the usage of fire in a kitchen is fundamental, industry-grade equipment needs regular maintenance. Failing to do so will end up in malfunctions; and as these are in enormous sizes, complications can be lethal. In this case, the employees can get hurt and might need treatment. This is a situation that the business is liable for and due to the ongoing treatment of the victim, financial and emotional difficulties can result from being unable to work.

Work-related injuries can sometimes be progressive. Due to the working conditions and the hazardous work environment, workers can develop diseases years after the first exposure. The most common example is lung diseases. Another and more popular one is the coronavirus infection. The first symptoms of these diseases take some time to appear. The employer’s duty is to provide a workplace isolated from these hazards.

Business places can be sued for negligence

Both the workers and the visitors of the business can take legal action to recover their loss. However, the claimant carries the duty to prove the stages of negligence. Firstly, the business’s failure to take sufficient care should be demonstrated. Then, a sufficient amount of evidence and peer opinions should be provided to the court outlining the harm and the loss of the victim.

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Uncategorized https://www.lawyerforyou.org/blog/personal-injury-laws-for-businesses-and-the-duty-of-care/ https://www.lawyerforyou.org/blog/personal-injury-laws-for-businesses-and-the-duty-of-care/ Editor Wed, 24 Mar 2021 00:04:40 -0400
What's Illegal in China: What You Can't Do (or Else You'll Get into Trouble)

China is a great country for visitors and expats. If you plan to visit China or work in China as an expat, you might want to get familiar with China's legal system. Most importantly, you should know what's illegal in China to avoid troubles.

What is illegal in China and what are the consequences of breaking the law? You've heard this phrase before, right? But when it comes to China, not all laws are equal. If you're planning to visit China as a tourist, you don't need to worry. Though there are certain laws that are important to know in case you get in trouble, China is still a very safe place.

What are the most common things that are illegal in China?

Are there certain things you should avoid in China? Well, some laws are specific to specific locations, regions, and enterprises. Below are some common things that are illegal in China:

1. Smoking in public places

In China, smoking is not allowed in public places, including on trains, in schools, on public transportation, and in some indoor places (e.g. bars and restaurants). Smokers are also discouraged to smoke in parks and public places.

2. Throwing glass bottles in public

In China, throwing glass bottles in public is not allowed. However, glass bottles are considered as legal to use in construction and demolition sites.

3. Doing business without a license

In China, having a business license is important because you need to comply with strict rules and regulations.

4. Attacking or obstructing public transportation

In China, you can't throw things on the public transportation such as insults or objects on the public transportation or you have to pay a fine or get into other legal troubles.

5. Tax Evasion

It's illegal to evade tax in China. In fact, it is illegal to avoid paying any tax in China. If you don't declare the income you receive from business, income from interest, rental income, or gifts, you are committing tax evasion.

6. Selling Banned Products

It's illegal to sell products that are banned in China. That means you are selling illegal products. It doesn't matter whether the product is imported from other countries, such as cannabis, or has been outlawed in China. 

7. Internet Laws in China

It’s a common knowledge that many websites are blocked in China. Many visitors to China have to search for some good VPNs working in China (or VPN软件 in Chinese) to unblock those sites. Recently there are some cases where Chinese citizens were fined for using VPNs in China. However, this has not happened to foreigners yet.

What are some consequences you might face if you break the law in China?

You will certainly get in trouble if you break the law. This is common knowledge. Violating any law in China might result in detention, imprisonment or even a fine or possible criminal charges. However, the big thing you should be aware of is that if you do something illegal in China, you will also have to face other consequences.

What these consequences are depends on how serious the law you have broken is. 

How does China's legal system work?

Every Chinese citizen is equal under the law. According to the Chinese Constitution, no one is superior to another. So if you break any Chinese law, you will be punished. China's legal system is very flexible and you can request a lawyer to fight your case. If you are found guilty, you can be sentenced to a jail term or fined, or both. If the crime is serious, you can even get life imprisonment. China's punishments for breaking the law vary depending on the seriousness of the offense. Each province has its own penalties, but China's punishments are usually at the least severe. Some offenders have even been set free for minor offenses, like breaking a traffic law or jaywalking.

How to avoid breaking the law

If you're a foreigner and you're living in China or doing business in China, the best answer is: don't break the law. While the Communist Party government does not support law breaking, do not take chances. It's bad enough to get in trouble in a foreign country, let alone one as strict and totalitarian as China.

In most cases, the best way to avoid breaking the law in China is to understand China's laws. Another way is to know the Chinese culture, which is more helpful in avoiding trouble. 

Conclusion

If you plan to visit China or work in China, you should know China's legal system. If you enter the country and break the law, you might be arrested. Therefore, you should be careful about your actions and avoid breaking any rules. It will be better if you are aware of the illegalities that China's laws forbid.

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Uncategorized https://www.lawyerforyou.org/blog/whats-illegal-in-china-what-you-cant-do-or-else-youll-get-into-trouble/ https://www.lawyerforyou.org/blog/whats-illegal-in-china-what-you-cant-do-or-else-youll-get-into-trouble/ Editor Fri, 12 Mar 2021 04:38:39 -0500
How Do Lawyers Get You Out Of A DUI? Driving under the influence is something that none would suggest you do. If you ever get arrested for driving under the influence, hiring a highly-skilled Dui lawyer must be your way to go. These types of cases are susceptible, and there is an expansive room for things going off track. Many people try saving some extra bucks but end up regretting in the end.No one wants to be proved guilt as the credentials get entered into a criminal record. To prevent or minimize such consequences, one should opt for a DUI lawyer. This article will guide you through how do lawyers get you out of a DUI, even when you think you have no escape. Let us dive into a comprehensive detail below.

Exploit Loopholes

Many times a person believes that he was perfectly fine to drive, but this is not always the case. Whatever the matter is, a DUI lawyer is still on your side to get you out from the messed up situation. Lawyers who excel in these areas use many defenses to protect their clients and exploit loopholes that may work out in your favor. Police might have arrested you because the BAC levels and breath test have indicated that. Qualified lawyers know that these measurements are not 100% accurate and have the certainty of being wrong. This equipment might not even be correct if the equipment was not working correctly. Moreover, if the police searched your property with a proper warrant, then there is highly likely that the case would be dismissed. A DUI lawyer surely knows how to turn the case in their client's favor.

Dismiss Or Reduce Charges

Driving under the influence is not a casual offense but is a criminal one. You might face several consequences, like an ignition interlock device being installed into your vehicle, having the vehicle insurance increased, and much more. With the help of a lawyer, you can get the answers to all such questions. They provide you with legal guidance and would even accompany you to court if necessary. Their main objective would be to dismiss the charges against you or to make them reduced if the costs are too high. They play a vital role as they try their level best that you suffer less. It would be of surprise that you would face many charges and face many harsh penalties without them.

In-Depth Knowledge Of Laws

In these type of cases, you might be charged with other charges such as over speeding or reckless driving. A DUI lawyer is familiar with these types of scenarios and knows to handle them calmly and swiftly. The lawyer would have in-depth knowledge of the laws and how they can apply in the situations. There is a high chance that your lawyer would be familiar with the prosecutors and judges. Sometimes, one must show up at court, and if necessary, he would build a solid defense strategy to protect you.

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How To Find A High-Class Lawyer

If you need a lawyer, you want the best in the business. How do you find a high-class lawyer that is so respected in their field that can give you the legal guidance and support you need to win your case?

Before we discuss that, it is essential to know what defines a high-class lawyer.

What Should a High-Class Lawyer Have?

Many qualities define a lawyer, but few define a lawyer at the top of their field. When it comes to finding the best of the best, make sure you look for these qualities:

  • Experience in their respective field
  • A history of success in assisting their clients
  • Their manner, approach and supportive nature
  • They work for a legal firm or run their own establishment
  • Have a high-quality and qualified team around them to support their work

With this firm foundation, now you can begin searching for a high-class lawyer:

Search Online

The internet is your saviour when it comes to finding a high-class lawyer that can help you with your case. Google will provide you with a list of the best lawyers within your city, region or area. It will also provide you with reviews about the lawyers through their Google My Business profiles.

But significantly, you can do your own research. Check out sites like Facebook, Better Business Bureau and Legal Associations to see the lawyers' reputation and quality. You should also conduct news searches to see if they have come up in the media and whether the news is good or bad.

Ask Legal Association

Every state or province has a legal association that lawyers have to compile with and follow in terms of ethics and regulations. There are also federal associations that oversee the whole process. These are good starting points to where you can find a high-class lawyer.

Legal associations have vital information about all lawyers within their respective fields, such as family lawyers (who help with divorce and child custody), criminal defence lawyers (https://www.dunlapcriminaldefencelawyer.com/), civil lawyers and commercial lawyers.

Depending on what you want, speak to the legal associations, and ask them for a list of the best lawyers in their respective fields.

Go To Legal Aid

For many people, lawyers can be expensive. So they might require additional support when it comes to finding aid. That's where Legal Aid comes in.

There is also the assumption that Legal Aid means getting handed lawyers that aren't up to standards and are considered the barrel's bottom - far from it.

Legal Aid will provide you with information on where you can reach lawyers that can help you with your case, and ensure they are the top people for the job.

Ask Family, Friends & Colleagues

It's a sad reality, but there are people that you might know that have used a lawyer at some point. Whether it's for a divorce (the most common), family, civil or criminal, there will be someone in your inner circle, and even on the edges of the outer circle, that has used a lawyer in the past.

So why not ask them?

You'll be getting a reference from a reliable source (someone you trust), and you can gauge if the lawyer is indeed up your alleyway in terms of service, value and money. Ask around to people who know about any lawyers that can assist you with your case.

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Uncategorized https://www.lawyerforyou.org/blog/how-to-find-a-high-class-lawyer/ https://www.lawyerforyou.org/blog/how-to-find-a-high-class-lawyer/ Editor Thu, 15 Oct 2020 02:57:34 -0400
US Consumer Debt: The Next Pandemic Do you feel like you are always playing catch up when it comes to your debt? Good news! There’s help! Let the attorneys at Huprich Vega get you back on track.

Filing for bankruptcy in Pasadena is not as scary as most people think. With the proper guidance and experienced counsel, the process is simple and outcome even easier than you could have imagined. 

If you are in Pasadena or one of its surrounding cities, Huprich Vega would be the best team to guide you through this unforeseen circumstance. 

There is no question too hard to answer, and we will help you EVERY...STEP...OF THE WAY.

If you could quickly and easily get rid of your stress from debt, would you? Bankruptcy can give you that fresh start you never knew you needed. 

Huprich Vega can offer you a better understanding of how to navigate your debts and close off a past that you have slowly become burdened by. They can help build a positive future for you and your family so you are better prepared for what life has to throw at you. Starting over isn’t always easy, but they can make it easy for you!

What types of bankruptcy does Huprich Vega handle?

The attorneys at Huprich Vega have years of experience working with Chapter 7 and Chapter 13 bankruptcy cases. 

Chapter 7 bankruptcy is ideal for those who want to get out of debt as quickly as possible. For example, I although you may have to give back your car if you can no longer afford the payments, in some cases, they may be "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 an income and don't want to risk losing assets. In this case, you will need to restructure your finances and develop a payment plan that will allow you to pay off your debts over several years. 

To find out which type of bankruptcy is best for your situation, talk to an experienced bankruptcy attorney today!

Every case is unique yet every case can be handled. 

Huprich Vega can execute a plan that suits your financial income without having you worry about paying your other bills on time. Customizing each case to ensure the best outcome that there possibly can be. Utilizing our skills to capacity!

Filing for bankruptcy can possibly be the best thing to ever happen to you! 

Why is Bankruptcy the Next Pandemic?

With the influx of many people not sure with how their finances will look like in a year, it’s not hard to lose track of time or be prepared for what’s next. With a world-wide economic shutdown, credit tightening and debt rising, bankruptcy will be the only solution for many.

Whether it be the pandemic we are currently facing, or a new economic disaster, Huprich Vega will make sure that you have one less thing to worry about moving forward.

Being a Pasadena native, Huprich has served its city and its surrounding areas with 100% integrity. No matter how much trouble financially you could possibly be in, there is no wrong question that you can ask! Our firm is here to help you in every way we can and will fight to make sure you sleep better at night. 

Call Huprich Vega today for a free consultation!

Need Attorney Legal Leads? Click here to find out how we can help you.

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How to choose a dedicated and experienced accident lawyer Accidents can be quite unpleasing and one can be easily frustrated after experiencing one. In most cases, an individual requires an experienced accident lawyer but he is unable to get one. Even if some are interested in getting one, they can not figure out what to look in them before finalizing and hiring them. If you were looking at how one shall choose an accident lawyer then luckily you have landed on the right page and this article has got you covered. This article will guide you through a bus accident lawyer and how to choose a dedicated and experienced accident lawyer.

Experience

Without any doubt, the experience is the one thing that distinguishes a person from others in a certain service industry. Experience has great value as far as law cases are considered and they shall never be underestimated. When you are about to hire an accident lawyer, it is recommended that one shall definitely opt for the ones that are more experienced and have spent time in that field. This will help you in lots of ways that you could ever imagine. It will save you time and you won't need to explain things for hours even after your worst experience. Moreover, he will surely know what you exactly want and won't waste further time on it. Experienced bus accident lawyers make a much more significant impact as compared to inexperienced ones.

Reputation

Besides experience, reputation plays a vital role in choosing the right and experienced accident lawyer. It is very important that the lawyer that you are working with has a good and respectful reputation in the market. Before hiring and finalizing, one should definitely look for his reputation in the concerned market to get the basic idea of him. This plays a significant role in reflecting his image and telling whether his customers are satisfied or not. A bad reputation would only highlight that he couldn't satisfy his previous customers and one should not opt for him.

Personality

Personality plays a huge role in judging any person, especially when dealing with accident lawyers. It impacts and reflects who they really are without even describing themselves. Many people overlook this attribute but a smart person never does it. Many people only go through their work and experience but they don't observe their personality. The personality of a bus accident lawyer should be rough and tough. Not many agree on this but it somehow makes the decision more on your side as they manage to impress the person in charge too.

Focus

Being a lawyer is not a piece of cake, it takes a great mind that is focused on work all the time. It is suggested that one should definitely opt for a person who tends to be more focused on the work rather than other things. Many lawyers tend to become more focused and interested in your personal life rather than your actual case. This is one of the key points that reflect their non-professional behavior which indicates that they should not be hired at all.

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Uncategorized https://www.lawyerforyou.org/blog/how-to-choose-a-dedicated-and-experienced-accident-lawyer/ https://www.lawyerforyou.org/blog/how-to-choose-a-dedicated-and-experienced-accident-lawyer/ Editor Mon, 29 Jun 2020 00:06:59 -0400
5 Things to Consider When Hiring a Personal Injury Lawyer There are so many things that need to be covered when hiring a personal attorney. They are the people who can claim any type of injury losses in the face of any casualties and accidents. The neighboring benefits of the instances will be instances played by the right one.  In the cases where the injuries are too serious to handle it may become a greater issue to handle the loss and the stress.  The industry needs to be aware of how much people demand it and this can be a fundamental of choosing injuries. Many things will need to be considered for stressful handling. Below are some of the things that you must consider before hiring a personal injury lawyer.

Willingness

Many things trial can’t hand. The practical ways of settling for non-compensations may come from how much the injury attorney is willing to look for your case. The trail may exceed the normal expectations and sometimes may not be the best of options. The attorney may face undue pressure by the insurance companies which may compel the lawyers to lower their bars.

Cost

Most of the good attorneys will be very straight forward about what they charged. The payment can be in installments or you may want to have the things negotiated in your own ways if possible. At times most of them will want to have the payment once with all. The taxation may increase your chances of getting things quickly but in a few cases, it might increase the charges of the other party.

Checking experience

There will be things that will need a greater assessment and claim. The underestimation needs to be tackled with great force and can create better insights about future products. The preparation may need not to be in line with how great of a deal the compensation may be of. The handling of things might affect how your lawyer may assess your case. Hence this is one of the greatest factors.

Getting complied by references

Hiring the right kind of personal injury lawyers has its own set of benefits. They will be the ones responsible to look after the compensation part. In some parts, the help sought from them might not be easy and can incur personal losses. The process may get a little too demanding for people who are looking for a better grip on their lifestyle this is why the references may mean a lot.

Considering reputation

There is so much of a role the reputation plays which deals with the definition and formation of the practices. The previous dealings might not be good enough to earn it a good name. This also affects how much the insurance companies might work or invest in it. The handling of such cases may not be the best position which may speak of the lawyer’s reputation. The value with which the perspective may handle may come from how much they add value to the compensation on the client’s side.

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Uncategorized https://www.lawyerforyou.org/blog/5-things-to-consider-when-hiring-a-personal-injury-lawyer/ https://www.lawyerforyou.org/blog/5-things-to-consider-when-hiring-a-personal-injury-lawyer/ Editor Mon, 29 Jun 2020 00:06:07 -0400
A One-Stop Guide to Getting the Most Suitable Car Accident Lawyer A car accident is something you don’t expect, but when it happens, the consequences can be severe. Based on the type of accident, you may end up damaging your vehicle, receive moderate to severe injuries, and in worse cases, become crippled. After such a mishap messes up your life, you need to get things back in shape again. Apart from getting treated and having your car repaired, claiming compensation is necessary. However, you may find this is trickier than what you had thought. Sometimes, in such instances, you may not get compensation without taking expert legal assistance.

Why you may need services of a car accident lawyer

After you get injured in an auto accident, claiming compensation becomes a prerequisite. However, insurance companies may not always play fair when it comes to reimbursement. In some cases, the other party involved in the accident also plays truant.

A veteran car accident lawyer can be handy in such situations. He/she may be of use to you when:

  • The insurance company tries legal loopholes to deny the claim altogether.
  • The insurance firm wants to settle the claim by paying you a paltry amount.
  • You find the insurance company is delaying in clearing the payment.
  • The other person/party involved tries to manipulate things using political influence or wealth.
  • You feel the evidence is being tampered with.
  •  

Zeroing in on the apt car accident attorney

Nowadays, you can hire experienced lawyers specializing in vehicle accident cases. Their intervention and aid will help get duly reimbursed. However, you have to know how to assess and pick the right lawyer.

  • Finding a lawyer- You may not have used any such lawyer so far, but that should not act as a deterrent in finding one when the need arises. Using web search is the best option, and you can search region-wise too. Using references from your colleagues or friends can be handy at times.
  • Assessing expertise- You must learn about the track record of such a lawyer. These lawyers may work with law firms, or they can also operate independently. What you need to analyze is the success rate of the lawyer in handling such cases. It is easy to find details on these in websites of these lawyers or law firms they work in.
  • Response type- The professional automobile accident lawyers revert to client queries fast. They usually will offer you a consultation session, and that will not cost you anything. After undergoing the meeting, you can make up your mind.
  • Charges- The veteran lawyers handling vehicle accident cases are usually transparent about their fees. Some of them may ask you for a percentage of the settlement paid by the insurance company. They may opt for a service contract too.

What you need to do

After you zero in on a lawyer to fight your accident settlement case, you have to aid him/her in the best way.

Information and evidence- The lawyer will fight the case based on data and evidence obtained. While he/she will try to gather evidence, you also need to provide whatever information you have. So, offer the lawyer necessary documents like an automobile insurance policy, hospital bills related to the mishap, medical insurance policy, police report copy, etc.

Having realistic expectations- Not all such cases get settled fast, as it is. It would help if you had a realistic expectation about claim settlement.

Taking lawyer’s advice- The lawyer will guide you on tricky issues like ways to deal with the investigators during the case or methods to respond to intimidation tactics by the other party etc. Adhere to his/her advice in such situations.

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Mastering The Art Of Hiring A Car Accident Lawyer. When, unfortunately, you find yourself in an accident, there are many things you need to deal with. Along with the physical injury, you undergo a lot of mental stress too. At such difficult times, it is vital to have a professional legal advisor. Hiring a car accident lawyer can help you in recovering all your losses legally. That said you may find that it is not an easy task to do especially when you cob the web and the local directories. With legal matters, you must have a smart and well-experienced lawyer for the representation of your case. This article throws all the confusion into the dustbin by shedding light on what you need to do in order land the perfect lawyer for your situation

  1. Give preference to the local attorneys.

Yes, you need the best lawyer for your case to make sure you win. You may look for the best possible options from other states too. But it makes sense to hire a local attorney. as he /she is well aware of all the transportation rules of your state. In addition, the he/she knows the reality of the ins and outs of the courtroom.

  1. Research on the background of the attorney

In accident cases, you need to face the insurance company’s well-trained lawyers. Such lawyers are skilled enough to convince you and your lawyer for the low settlement amount. If your lawyer has performed some inappropriate activity previously, then the defence lawyer will use them against your lawyer. Therefore, you need to research the background of the lawyer before hiring.

  1. Look for referrals

You can also find a good lawyer for your case by asking for referrals from your friends, family, colleagues. You can get honest and unbiased feedback of the lawyer from your contacts which will help you to make a better decision. You can also do this by getting in touch with the bar association to provide you with the information of all the licensed attorneys available in your area.

  1. Learn the expertise area of the lawyer

To improve the chances of your winning the case, you need to make sure the lawyer you are hiring is practicing specifically on car accident cases or not? If not, then you may need to reconsider your decision. Nowadays, laws are much complicated, and it is challenging for a lawyer to have expertise in different areas.

  1. The attorney should have an idea of how the defendant’s lawyer thinks.

For winning the case, the lawyer should have an understanding of what the defendant’s lawyer is thinking. Then only the lawyer can suggest the best strategy for your situation. Your lawyer should be proactive. Insurance company lawyers always look for ways to convince you of a low claim. Your lawyer must be able to eliminate issues before the insurance company’s lawyer raises it.

Once you shortlist the names, schedule a meeting with the lawyer. Maintaining excellent communication with your lawyer is very important. Therefore, make sure the lawyer is honest with you and can answer all your questions. The legal process of accidents can be time-consuming. The lawyer you are hiring should be available when required. Winning the case depends on several factors but most important among all is the best representative for the case. Do not take any risk, research thoroughly, and hire the best one.

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How much does it cost to hire an immigration lawyer in New Zealand? There is always a huge chunk of the stereotype that is attached to what will be the cost given to the lawyers. This must be noted just like a middle man they will help you to connect with the greatest of the people who will help you to build your solution. This might get intimidating at first but can be the best that you can ever invest it. The immigration lawyers know what kind of things people seek and may aid you in suggesting it. Many of the people are often very doubtful of the fact for the amount of budget they would need to invest in it. Green cards and the proceeding may get your chances to be selected. This again is dependent on a lot of other factors. But mainly their unsure ways of proceeding. There are many overpaying following guides. There are many things which need to be seen for this very purpose. This article deals with all the immigration things and how can this be worked out financially. 

Knowing the financial services

The flats service and the fee may not be fixed on an hourly basis. The charging of the flat fee and the agreement may have the attorney and the basic fee which works based on immigration. The use of labor and attorney may not be basic and there needs to be fully functional awareness of the legal fees. The outset will move you backward initially. There are so many things that will have the basic fluctuation and the factors of certification may outset.

Is there any difference between cost and fees?

Some coverings will be long distanced charged. The service of the long distances will be photocopying. The charging of the belts and the comparison of the attorney will get. The compelling expenditure of the petition may have determination. The cost means it covers the basic utilities of the filing and the other services will come under it. Furthermore, photocopying, expressing mail, and other things have the same effect as that of the cost. Fees on the other hand refer to other things.

Market fees

There is not much to figure out the instances of the payments. The case of the difficulty of making the right payments can be a big out blow. You must keep in mind about what is going on in the competitive market so no one can make the fool out of you. There are significant petitions that come out and in most of the cases the government keeps their own fees. You must watch out the latest trends and try to save upon them.

The amount for the certificate

If you set out to hire the best possible, lawyer in town with the right certification then the representative body will be agreeing to the petition. The consultation might vary and you will be expected to give a varying fee. The more experienced a lawyer is the greater will he charge for his immigration consultancy. This however might require you to learn from the reasonable expectation. This quoted with backgrounds shall have no knowledge from your side.

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Uncategorized https://www.lawyerforyou.org/blog/how-much-does-it-cost-to-hire-an-immigration-lawyer-in-new-zealand/ https://www.lawyerforyou.org/blog/how-much-does-it-cost-to-hire-an-immigration-lawyer-in-new-zealand/ Editor Thu, 04 Jun 2020 08:16:50 -0400
Failure to Pay Child Support may lead to Jail in Chicago, Illinois It may take a while, but it is definitely possible for failure to pay child support in Chicago.

When the gavel comes down and the judge has ordered child support, much like any other order from a judge, failure to abide by the order can put you in jail.  Even more so, failure to pay the ordered amount can land you in jail as well.

One of two instances usually occur.  This is how it generally happens….

1 - The co-parent

The parent who receives child support may file a petition stating that they have not received child support and request the court hold the child support payor in contempt.  Meaning, the person obligated to pay child support would likely be held in contempt and may end up in jail for failure to pay.  Even more, the child support payor may remain in jail until the balance or a determined portion is paid. This is called “the purge,” and is discussed further down in the reading. The co-parent seeking the petition must prove that they are “innocent.”  This is the “rule to show cause,” where the co-parent must prove they have been acting in accordance with any orders and not prohibiting the payment of child support in any fashion.

2 - The County Attorney

The county may seek a petition on behalf of the co-parent.  This is especially true if the child is receiving any form of aid from the state, such as KidCare.  KidCare is a state provided health care plan for children in the state of Illinois.  In essence, the Cook County State Attorney can request that you be put in jail for failure to pay child support.

Either way, whether it’s the co-parent or the State, failure to pay child support can land someone in jail.  Once a petition is filed a court date is set and the parent obligated to pay child support must prove that they have not violated the court order to pay child support.  If the co-parent can not show that they have not violated a court order they will likely be found to be in contempt.

Being Held In Contempt

When the rule is issued after a prima facie showing that the order was violated the alleged violator, the co-parent who failed to pay child support, must prepare for a hearing on the petition for rule to show cause. Prima facie simply means that there is proof a missed or missing payments.    

The non-paying co-parent must show that their failure to pay was not “willful or contumasciously.”  This simply means that the failure to pay was not done on purpose.

For example, proving that you could not pay the child support because you were out of work and not able to find work is enough to keep you from being held in contempt of court for not paying child support.

If you find yourself not able to pay the entire amount per the court order, an attempt to pay something will look better for you.  It shows that you are willing and not trying to abide by the court’s orders. For example, if you owe $ 500 and you paid $ 100, it looks like you are not simply refusing to pay child support.

On the other side of the coin, if a judge finds that you willfully and contumasciously violated the child support order you will be held in contempt of court.

Contempt of Court

“Every finding or adjudication of contempt shall be by written order and shall contain specific findings of fact. In cases involving child support arrears, the order shall state the precise amount of any arrearage found to be due and owing. Upon every finding of contempt that results in incarceration, a form order of commitment provided by the court shall be used.” Cook County Court Rule 13.8(a)(vi)

While you are held in contempt, and likely in jail, the Chicago court will assess exactly how much the arrearage is.  This is a determination of how much child support is owed from the missed payments.  In an attempt to show that a co-parent is not trying to willfully neglect the court order, the co-parent may ask for an accounting review from the Illinois Division of Child Support Services.  The co-parent would need to admit to owing money, but they simply need clarification on how much.  A review usually takes at least 90 days so this gives the co-parent time to catch up and avoid getting into more trouble.

Once you are held in contempt of court, you are stuck in a state of contempt until you have “purged” the contempt.  Purge means you must do something to remedy the problem.  This means either pay the balance of what is due (the amount of money needed to catch up).  While the court may order that 20% of what is owed be paid for the contempt order to be lifted, the amount due is generally left up to the judge. 

Don’t or Can’t Pay the amount owed?

You’re going to jail until you pay the purge, and will remain there until you can show the judge you are paying or have a way to pay the purge.  Once in jail, you will have regular court visits for the judge to assess your progress on payment

If you’re not in court for the Cook County Sheriff to take you into custody, the court will issue a “body attachment” which is essentially a warrant for your arrest instructing the Cook County Sheriff to go looking for you and take you into custody.

Again, judges often have a change of heart if you pay at least some of the purge.  A payment is better than no payment at all.  For example, if the amount owed is $2,000 and you come to court with $ 1000, a judge is likely give you more time to pay the balance.  Always make it a point to bring money with you to your court hearing to show that you are willing to pay.

The Cook County Sheriff Can’t Arrest Me If I’m Not in Cook County, Right?

If a body attachment has been issued to the Cook County Sheriff for your arrest, the Cook County Sheriff is responsible for taking you into custody.  Evading an arrest warrant will not favor too kindly for you.  Even more so, the Cook County Sheriff will simply ask the county you’re in to take you into custody.

Additionally, body attachments are enforced by States outside of Illinois as all states have adopted the Uniform Interstate Family Support Act.  You may be arrested pursuant to the warrant in any state.  Even more so, if there is a balance over $2,000, you run the risk of your passport being revoked prohibiting you from traveling in and out of the country.

Is Not Paying Child Support A Crime In Illinois?

While 99% of non-payment of child support cases are resolved in the civil divorce courts via the petition for rule to show cause, failure to pay child support is a crime in Illinois.

“A person commits the offense of failure to support when he or she:

willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide the support…A person convicted of a first offense under subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. “ 750 ILCS 16/15”

This is real and it happens.  This has never happened to one of my clients, but it is a real possibility. The point is try and avoid this from happening at all costs.  Hiring an attorney can help.

Not Paying Child Support Is A Federal Misdemeanor And/Or Felony

If you live in one state and the child lives in another, the federal government can get involved and they are even more strict than Illinois.

A parent is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, if the child support payment is past due for longer than 1 year or exceeds the amount of $5,000. A violation of this law is a criminal misdemeanor, and convicted offender face fines and up to 6 months in prison (See 18 U.S.C. § 228(a)(1)).

If the child support payment is overdue for more than 2 years or the amount is in excess of $10,000 it is a federal criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C.§ 228(a)(3)).

How Do I Avoid Going To Jail For Failure To Pay Child Support?

The easiest way to not be in violation of an order is to simply change the order.  If a co-parent finds themselves unable to pay, they can file for a motion for modification of child support.

Child support is based off of both parents’ incomes and the needs of the child(ren). So, if there has been any change in either parents’ income or in the needs of the child(ren) then a substantial change of circumstances has occurred.

A motion to modify child support is favored in an Illinois courts because it shows that the co-parent is being proactive instead of building up a massive child support arrearage which will have to be dealt with later.  Jail is not the answer – for anyone.  For you, the co-parent or the child.  Requesting a change is the best and easiest way to keep the peace and avoid jail.

Other Penalties for Nonpayment of Child Support Besides Jail

“Deadbeats most wanted list.
(a) The Director may disclose a “deadbeats most wanted list” of individuals who are in arrears in their child support obligations under an Illinois court order” 305 ILCS 5/12-12.1

No one wants to be on the internet or in the paper for anything negative.  However, the State of Illinois will publish your name as a “deadbeat parent” on their website. They’ll even include a photo of you. This will definitely come up in any google search of your name.  No one wants this.  It will likely have lasting ripple effects, namely for employment.

In addition, the Secretary of Illinois can suspend a driver’s license if they receive a report that a parent is more than 90 days delinquent. In this situation, the solution is to just admit to the arrearage and put the arrearage amount on a payment plan. The Secretary of state perceives this as being current for the purposes of reinstating a driver’s license.

To learn more about child support enforcement contact my Chicago, Illinois law firm today to speak to an experienced Illinois family law attorney.

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Uncategorized https://www.lawyerforyou.org/blog/failure-to-pay-child-support-may-lead-to-jail-in-chicago-illinois/ https://www.lawyerforyou.org/blog/failure-to-pay-child-support-may-lead-to-jail-in-chicago-illinois/ Editor Sun, 15 Mar 2020 23:52:46 -0400
Uber Insurance Coverage Periods Explained There are millions of people hiring Ubers and Lyfts instead of taxis or limousines. Fares are more inexpensive, and these kinds of rides are a lot more convenient than more traditional forms of transportation.

Because there are more Uber and Lyfts on the road, have you ever wondered what could happen if you become injured in an Uber or Lyft accident? You might be walking across the street or waiting in traffic – what if a rideshare hits you or your vehicle? What happens if you have to initiate a lawsuit?

Here are some explanations of Uber's insurance coverage periods:

Uber and Lyft drivers should have a commercial car insurance policy or a rideshare-friendly policy for their personal car insurance. These are insurances that cover drivers while they are working.

It should be known that Uber's insurance does not cover drivers when the app is closed on their phones. When the Uber app is closed, or if there is any question of coverage, these are times when a driver will need to have their own personal auto policy.

Uber's insurance coverage applies under certain circumstances when the app is open; otherwise, the driver's rideshare-friendly policy should apply.

According to insurers, there are three different insurance coverage periods:

Period 1: This period is when the driver is waiting to be matched with a rider, and the Uber app is open. This period is ambiguous as it related to liability.

Period 2: This is the time when the driver is matched up with a rider, and they are driving to that area to pick them up.

Period 3: The rider is safely in the car. This time period ends when the rider has exited the vehicle.

The reality is that the more drivers are out on the road offering rideshares, the more chances there are for an accident to occur. It is essential to know which insurance company will be covering the liability.

Uber Insurance Coverage

While Uber offers insurance liability coverage to its drivers, this coverage will vary depending upon if the driver has a rider in the vehicle. It can be questionable as to whether Uber covers collision and comprehensive. The driver's injuries are not covered unless the accident is the fault of another driver. Uber and Lyft do require that their drivers carry their own insurance.

Period 1 insurance coverage under Uber has low liability limits without collision or comprehensive coverage. They cover $50,000 in bodily injury liability coverage per person, $100,000 in bodily injury liability per accident, and $30,000 in property damage liability per accident. There is also $200,000 in additional liability coverage per accident.

Uber provides liability coverage equivalent to contingent or required coverage in most states. There are different requirements for Maine and California. The driver will need to file a claim with their own insurance first, and if the claim is denied, then Uber's insurance will take over.

Uber does not provide any collision or comprehensive insurance, so drivers will need this coverage on their personal policy to repair their vehicle if it has been in an accident. It's wise to have this insurance so that drivers can get their car repaired regardless of who is at fault for the accident.

Uber also does not provide any kind of uninsured motorist coverage. Uninsured motorist coverage should be selected on the driver's personal car insurance policy just in case the driver is injured by another driver on the road who does not have insurance.

For periods 2 and 3, liability is covered by Uber under their $1 million policy. They also offer contingent collision and comprehensive insurance. If the driver's insurance company denies the accident claim, Uber's insurance should apply, and the policy carries a $1,000 deductible, which needs to be met before the payment will be made. They also include the uninsured motorist coverage under the $1 million policy.

Rideshare drivers should consider having liability, collision and comprehensive, uninsured motorist, gap coverage, and medical payments with their personal insurance policies to protect them fully in situations where Uber's insurance may not apply.

Liability insurance is required throughout every state and is in place to cover injuries to others and property damage. Collision and comprehensive pay to repair or replace the driver's vehicle if it has been damaged or totaled in an accident. Uninsured motorist coverage will help if the other driver is at fault for the accident, and they are uninsured or underinsured.

Gap coverage will cover the difference from the amount you owe on your vehicle if it is financed and the amount the insurance company pays if the car is totaled. Medical payments will cover medical expenses due to a car accident. This coverage is good to have if the driver does not have health insurance coverage.

Rideshare drivers should make it a priority to have the best personal car insurance policies to protect their riders, themselves, and the investment they have made in their vehicles. This will allow them to continue working safely and confidently. 

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Uncategorized https://www.lawyerforyou.org/blog/uber-insurance-coverage-periods-explained/ https://www.lawyerforyou.org/blog/uber-insurance-coverage-periods-explained/ Editor Wed, 26 Feb 2020 21:38:09 -0500