If you’ve been injured in an accident that wasn’t your fault, then you know what a life-changing event that can be. If you decide to pursue a personal injury claim, you might wonder how much your case is worth. The best way to know how much your case is worth is to know how much your “damages” are. 

What are Damages?

“Damages” is a legal term for the money awarded to a party in a lawsuit based on a monetized calculation of the injuries they sustained. Some injuries are easy to translate into money. For example, medical bills and lost wages already come with dollar amounts. Other injuries, like pain and suffering, can be a bit harder to monetize.

Special Damages

The damages that are easily calculable are often called “special damages.” These damages are easy to assign a dollar amount to because they are derived from things like:

• Automobile repair bills
• Medical bills
• Future medical bills
• Therapy bills
• Lost wages (calculated from your salary)

Special damages are pulled straight from the actual dollar amounts assigned to your bills and statements. If you want to know how much the special damages are worth in your case, you need to only look at the actual numbers. Things are a little less clear when future costs must be calculated, but those numbers can be assessed through expert witnesses (professionals in their field) and past evidence (previous bills, for example).

General Damages

General damages intend to compensate a party for loss or injury that is not easily calculable. Common general damages include:

• Physical pain and suffering

• Mental pain and suffering

• Physical disfigurement or impairment

• Loss of companionship

• Lower quality of life

The dollar amount awarded for general damages varies greatly from case to case. 

Punitive Damages

Rare, and used in instances of extreme neglect, punitive damages award extra money on top of the special and general damages and are intended to punish the party responsible for the injury or loss. If an injured party shows that the responsible party was so grossly negligent in causing the accident, the court may award punitive damages. 

Will I Have to Pay Taxes?

The general rule is that settlements or awards in such cases are intended to compensate the plaintiff for a loss that has already been sustained. As a result, that money is not treated as new income, and is therefore not considered taxable income by the IRS. However, as with everything, there are exceptions to the general rule. It would be best to consult a personal injury attorney.

Hire a Personal Injury Attorney

How much your case is worth will depend on the specific facts of your case. If you’ve been injured in an auto accident, let an experienced lawyer, like a personal injury lawyer from Kamper & Estrada, PLLC, do the calculating for you. He or she can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.

Personal Injury Lawyer

When you hear the terms “joint venture” and “partnership,” they might initially sound quite similar. Digging deeper into what each of them are, you’ll quickly realize they’ve got many differences. When you deal in the business world, you’ll need to understand those differences. The following are four to get you started.

The People or Entities Involved

When it comes to a partnership, there are typically only people involved. Many partnerships have just two people, but there are plenty that have more than two. These people get together to form an association with the intent to open and operate a business.

Joint ventures are different in that entities can be one or more of the parties involved. People can be a party as well, but it is not limited to just individuals. You can find joint ventures that include government entities, businesses and corporations.

The Reason for the Venture or Partnership

The reason people join a partnership is to run a business and make a profit. The end-goal is wealth for both the partners and the company.

The reason people and entities join a joint venture is not always for the purpose of making a profit, though that could be one goal. Often times there is another specific goal in mind. For example, an agricultural university might enter a joint venture with a farming company to come up with an organic fertilizer that improves farming production.

The Legalities to Create the Venture or Partnership

When you enter into a partnership, you and your partners will come up with a partnership agreement that lays out the terms of everything involved. It will discuss profits, losses, percentage of control, processes of leaving the partnership and other similar issues.

When you enter into a joint venture, an agreement may not exist. If it does, it will generally be straightforward and address the specifics of the reason for joining together. It may list an end-date, or it may just state that it’s a temporary agreement.

The Accountability

When entering into a partnership, you have less accountability when the other partner does something wrong. Your agreement is long-term, but you don’t have to hold the blame for something your partner messes up on.

When entering a joint venture, you have more accountability if one of the parties commits a crime or does something else incorrectly. This makes a joint venture a bit riskier than a partnership.

Getting Started With a Lawyer

Whether you’re considering a partnership or a joint venture, you need to have someone on your side who can protect your interests. Contact a business lawyer, such as from Brown Kiely, LLP, to get started.

Personal Injury Lawyer

When someone is injured in an accident, it can have serious repercussions for one’s life. If you have found yourself in this situation, you may be looking for a way to pay your medical bills. If your health insurance provider already paid for some of your medical bills, are you allowed to sue the responsible party?

If you have already settled your insurance claim and your health insurer has paid for your medical bills, you typically can’t sue for more. Settling an insurance claim is a binding contract that generally prohibits you from seeking more compensation from the at-fault party. There are some exceptions to the rule, and you should understand those to see if you still have a shot at more.

A Fraudulent Settlement

There are some cases in which you enter into a settlement under false pretenses. If the insurance company offered your settlement in bad faith, it’s possible you can still seek for more compensation, but you’ll first have to prove the settlement was fraudulent. A personal injury lawyer can help you make the determination and file a lawsuit against the responsible party if you find yourself in this situation.

Suing a Third Party

It’s possible there’s a third-party individual or entity that is partially responsible for your injuries. In such a case, you may be able to sue that party, even if you have already settled with the insurance company. If you’re unsure whether there’s someone else responsible, your attorney may be able to help you track down a third party. If you find one or more responsible parties, you may be able to seek compensation from them.

For example, perhaps you were in a car accident with someone who was uninsured. Your health insurer may have covered your medical costs. Later, your car manufacturer might recall a part on your car, at which time you might discover that defective part played a role in your accident. You may be able to file a lawsuit against the parts manufacturer or the car manufacturer.

Learning More

Every situation involving an injury is unique and will require a fresh set of eyes to determine if you can file a lawsuit after receiving a payout from health insurance. It’s possible the insurer will put a lien on your settlement if you do sue another party, so keep that in mind as well. To learn more, call a personal injury lawyer, like a personal injury lawyer from John K. Zaid & Associates, with experience dealing with situations similar to your own.

Personal Injury Lawyer

You are vulnerable when standing trial. Prosecutors and investigators seem out to get you, and your defense team can seem disinterested in claims being made. However, most feelings of conspiracy are unfounded. Your attorney is doing the best they can to protect you from a maximum sentence, but sometimes their approach will appear different from yours. It is not uncommon for a defendant to question the loyalty and accuracy of their attorney, especially in felony cases. Thankfully, if trust has eroded past the point of fixing, you may not have to stick with your current defense strategy or team.

Private Lawyers and Law Firms

Removing a lawyer and re-strategizing is much easier when dealing with a private attorney or law firm. When you hire an attorney, you sign a contract with that lawyer or firm. In the agreement, you will often find a termination clause, stipulating under what grounds you can fire your lawyer. Many law firms do not require any grounds for termination. However, if you let your attorney go mid-trial, you must pay for their time and effort.

Court-Appointed Attorneys

The process for removing a court-appointed attorney is not as simple as hiring someone new. You need to request a replacement from the court, but you must stipulate the cause. If you do not show an adequate reason for a replacement, the court may deny your request. A judge may also deny your request if they feel that a new attorney would hurt your case or bias a jury against you. A judge may also be reluctant to grant new representation if you are further along in your trial.

Judges and Juries

Criminal trials are not only reliant on facts but perception. While a judge knows to limit their focus to only the evidence, a jury is not as enlightened, especially with legal team changes. To protect the integrity of the trial and the perception of a defendant with a jury, a judge can intervene if they feel changes in defense tactics or personnel could lead to a mistrial.

You have a right to a defense of your choosing, in most instances, but removing lawyers from a trial is not always easy. Obviously, a private firm will provide more flexibility, but a public defender may restrict your options. However, whether private or court-appointed, know that your lawyer is looking out for you. Contact a criminal lawyer, like a criminal defense attorney from the Morales Law Firm, for more information.

Personal Injury Lawyer

A will is a legal document that outlines who gets your assets after you die. There are many myths about wills. We’re here to combat your arguments.

I Can Just Tell My Family What To Do or Create My Own Will.

Many people think they can write out their own will or just give verbal instructions. Crafting your own will can be fine, but if it doesn’t hold up to legal standards, you’ve just wasted your time. Giving your family instructions is fine, too. There’s no guarantee that your family will abide by your wishes. Having a legally binding will ensures your wishes are carried out.

There Will Be a Reading of the Will.

The reading of the will is a plot device for movies and books. It’s rare that you’ll find a reading of the will in real life. Your family can read the will if they choose, but anyone who wants to go to probate court can look up the information. A reading of the will was important in days past when information was hard to access. The funeral might be the only time distant relatives visited. Today, there are more avenues.

Only Old or Wealthy People Need a Will.

Tomorrow isn’t guaranteed for anyone, regardless of age. It’s not fair, but it’s true. You should have an estate plan, whether you’re 22 or 82. Sure, your estate plan at 22 will be widely different than that of an older person, but you still have possession that will need to be dealt with upon your death. If you’re living with a domestic partner, that person may not inherit anything unless you have a will.

I’ll Just Let The Government Take Everything.

Dying without a will doesn’t automatically give the government your belongings. The court must still abide by state laws that determine who inherits. Laws of intestate succession predetermine who gets your property. Generally speaking, the order is spouse, children, parents, siblings, aunts and uncles, and nieces and nephews.

I Can’t Be Bothered With Making an Estate Plan.

A lot of people think that creating an estate plan will just make more problems. It’s too time-consuming and costs too much. If you don’t spend time on your estate plan and will, it’s your loved ones who will pay. Probate court will determine how your estate is divided. You will probably have to give an executor a fee for managing your estate. It can take time to get the inheritance, as it must go through a process.

Make an appointment today with an estate planning lawyer, like an estate planning lawyer from Klenk Law.

Personal Injury Lawyer

As a car accident lawyer might explain to you, one of the most common questions people want to know is how long it will take to settle a claim. There is no easy answer to this question as it largely depends on a number of factors, including the extent of your injuries and complexity of the case. 

Factors that Can Influence the Length of Time it Takes to Settle a Claim

How long it might take to settle a car accident claim may depend on many different factors. Some factors include, but are certainly not limited to:

• The complexity of your case
• The number of vehicles involved
• The number of injured persons involved
• Whether there are any disputes regarding who is at fault
• The severity of your injuries
• The extent of property damage
• The strength of evidence available
• Who the at-fault party might be

Naturally you want to be paid as soon as possible. You may be facing a large  amount of medical bills. Your insurance company or health insurance policy might only cover so much of these bills. At the same time you may be unable to work. Your car might have been damaged, and you’re also trying to figure out how you can have it repaired in due time. As a car accident lawyer, we know that the financial burdens you’re experiencing might be hindering your ability to recover in an optimal manner. You might even feel stressed and unsure about what the future holds. When the accident could have been avoided, and was not your fault, these feelings can be significantly increased.

The last thing we want you to do is accept a lowball settlement from your insurance company, or that of the at-fault partys’ insurance company. This can happen when people are desperate and do not understand the full extent of their losses. You deserve to be compensated for everything, and do not have to accept an unreasonable offer just because you “feel like you have to.”

A car accident lawyer, like a car accident attorney from Kamper & Estrada, PLLC, can fight for your right and ability to recover a fair and just settlement after a collision. The right lawyer can also ensure your case is progressing accurately, following the necessary legal procedures, and avoiding delays that could prevent you from getting you compensation sooner. 

The Statute of Limitations

Every state has set a statute of limitations for claims to be filed. The average time to file is two years from the date of the accident; however, some states statute is less or more. In general, if the government is the defendant, the time to file is much less – often 3-6 months. Finding a car accident lawyer for a government claim is also typically difficult; therefore, it is prudent that you act fast. It should be noted that the statute of limitations can give you leverage with the insurance company and encourages them to settle so as to avoid a legal battle in court. When a claim goes to court, it is almost always ruled on in favor of the plaintiff – and often for a significant amount of money. If you wait to file a claim until after the statute has run out, you will almost certainly have no legal recourse. 

To learn more about whether you have a case, call a car accident lawyer. 

Personal Injury Lawyer

Being arrested for a serious offense, such as a DUI or drug possession, can be a terribly scary experience. Unfortunately, many officers are biased against those who appear to be intoxicated or were found in possession of drugs. Rarely does an officer go easy on someone for either of these offenses, even if there is an easy explanation and misunderstanding. The first thing a person must do after being arrested for either of these charges is to hire an attorney.

Sadly, many people think they can represent themselves and lose their case because of it. Then, they may have to face the most severe consequences because they didn’t have an experienced legal professional advocating for their behalf. 

Consequences for Driving Under the Influence (DUI)

Operating a vehicle while having alcohol in your system is a serious criminal charge that can result in repercussions such as having to attend substance abuse counseling, community service, spending time in jail, paying expensive fines, and losing a driver’s license. As your attorney may tell you, it is important to understand there are two components of a DUI charge. If you aren’t found guilty through a criminal conviction, the Department of Motor Vehicles (DMV) may still impose a license suspension.

The length of the suspension may be based on whether you are a first-time offender, state laws, and other factors of your arrest. If you are a second-time offender or more, the suspension repercussions can increase drastically. Here are examples of the various suspensions that may be imposed: 

• 6 Month Suspension: If you refused to take a breath, urine, or blood test when prompted by the officer who pulled you over. Or, if you were under the age of 21 and tested with a result of .02 BAC or more.
• 90 Day Suspension: If you took a BAC test and got .08 or more. 
• 120 Day Suspension: Your BAC test was 0.16 or more. 
• 1 Year Suspension: You are 16-17 years of age and tested .02 BAC or more. 

Classifications of Drug Offenses

As your attorney, like a Civic Center San Francisco, CA DUI lawyer from Hallinan Law Firm, may tell you, just because you were arrested and charged with being in possession of drugs, doesn’t mean you are deemed guilty right away. The policy of some officers is to arrest first and then ask questions later on. But they the time you try to explain yourself, evidence has already been gathered and built up against you. That is why your attorney will suggest staying quiet and not trying to defend your innocence, as what you say may be misinterpreted and used to prosecute you. Examples of common drug offenses include: 

• Sale and/or possession of ecstasy
• Sale and/or possession of heroin
• Sale and/or possession of narcotics
• Intent to sell, distribute, or deliver drugs
• Drug cultivation and manufacturing
• Methamphetamine manufacturing
• Operating a drug factory
• Sale and/or possession of marijuana
• Sale and/or possession of hallucinogens, LSD or mushrooms
• Sale and/or possession of prescription drugs
• Drug Trafficking

Personal Injury Lawyer

If you experience the tragedy of losing a loved one, you’ll have a wide range of emotions. You may be angry, confused, shocked, and saddened. While some deaths are accidental, others may have been because of another party’s negligence or deliberate actions. If a loved one dies on a college campus, it’s possible that the school may be liable. If you are concerned about this, you should speak to a wrongful death lawyer, like a wrongful death lawyer in Houston, TX, and discuss filing a wrongful death lawsuit.

The Definition

A wrongful death action occurs when you file a lawsuit against another person or organization that you believe was responsible for your family member’s passing. This is a civil matter that may find resolution within or outside a courtroom. You will seek compensatory damages, which would be payment for medical expenses, funeral and burial costs, and loss of earning capacity. You may also seek punitive damages to punish the offender.

Security Issues

Your wrongful death lawsuit against a college may claim that the campus had poor security or law enforcement. If someone killed your family member and you felt as though there was not enough protection or security measures at the school, your lawyer may believe the college is to blame. Perhaps there are too few law enforcement officers or security personnel. Or, maybe there is a lack of proper training for these people. You may also assert that the response was too slow or ineffective.

Unsafe Conditions

If your loved one died because of an accident, the school may be at fault. For example, if your family member died in a structural collapse or from falling construction equipment, the school may not have properly inspected the area. Walkways, buildings, or even landscaping items may pose dangers to the students. If school officials knew about these problems but failed to address them, you could be justified in filing a lawsuit.

Insufficient Equipment

Safety gear is essential in some situations, especially for students who have campus jobs where they work with chemicals or heavy machinery. Teachers and administrators should provide all students with the right equipment to protect themselves against any hazards. If this is not the case, the school could be held responsible for your loved one’s death. Safety gear should be up to date and meet all industry standards.

Consult with a lawyer today if you believe your loved one’s college is liable for his or her death. Your attorney has the knowledge and training to help you build a case.

Thanks to John K. Zaid & Associates for their insight into suing a college if a family member is killed on campus. 

Personal Injury Lawyer

Mold, as most may already know, is extremely hazardous. Although this comes with fairly new research, this is a very serious matter. Wherever moisture builds up, you may find mold. This can be in your kitchen, near entry and exit points of your home, and where there is usually water. Mold can endanger the people inside the building that has mold, as well as the structural foundation of the building. Mold can occur for several reasons and although moisture is the leading cause, it does not always mean it is the residents’ fault for the mold. There are sometimes weather conditions that lead to mold, or plumbing matters that lead to mold and leaks. It is important to understand what mold is and what causes it so that you are aware when you see it in your home. The first thing you would want to do is notify, if you are not the homeowner, the home or property owner that way this manner could be resolved as soon as possible. In the event that it is not handled properly not only could these cause sickness, your property or homeowner can be seen as liable for your damages. Mold is a serious matter and therefore can lead to serious illness, if the illness is not treated it makes it very difficult for you or the sick party to live a normal life.

Exposure to mold overtime can lead to respiratory and lung issues, and in the event that this occurs to you or someone you know there is a possibility that you can be compensated for your damages because of this you should speak with a skilled personal injury attorney about your concerns as soon as you are made aware of them. Mold inhalation in your living space is very dangerous, once you have notified those who have a duty to resolve this matter and nothing is done this is considered negligence. 

Where negligence is present a potential claim can be filed against the negligent party. Pay close attention to symptoms such as runny nose, watery eyes rashes dry coughs and many other things that may seem like common cold symptoms after being exposed to mold.  It is best to evacuate once this starts to happen because you do not want it to escalate to a point where you cannot return to your normal self. 

It is always best to speak with a personal injury attorney in Atlanta, GA in these cases because you may not have the knowledge necessary to pursue the claim. While you are working on healing and feeling better, the right personal injury attorney will do the legwork regarding the civil matter against the negligent party.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and mold injuries.

In today’s digital world, it seems as though everyone has an online presence. As a catastrophic injury lawyer in Las Vegas, NV, personal and business-related social media accounts can be tricky to manage, and many attorneys are confused by what they should be sharing. Furthermore, Attorneys also advise clients on how to use social media when they are involved in litigation. This blog post will focus on best practices and what those in the legal field should and shouldn’t do when it comes to social media. 

General Guidelines for Personal and Professional Social Media Use  

Social media posts have the potential to reach people from all over the world. Usually when you post on social media, you don’t realize just how many people could see your post. When posting online, lawyers need to make sure that the information they are sharing would not make the public believe they are admitted to practice law in an location that they are not licensed. Because if this, lawyers need to be careful of the content they post and where it is shared. When creating a post on social media, lawyers should keep these points in mind:

• Avoid posting legal advice or information that could be interpreted as legal advice on social media;

• Be mindful of the possible reach of your content;

• Be transparent about attorney-client relationships and licensing. 

Advertising on Social Media 

A lot of lawyers choose to advertise their services on social media. When advertising, it is important for attorneys to not make any false or misleading claims about themselves or the services they offer. When advertising, it is important that attorneys include contact information for themselves or their firm, their website address or physical location. 

Many state bar associations require that attorneys submit ads to be approved before they can be placed in magazines or on billboards. This same rule would apply to advertising online. Be sure to check your state bar’s rules for online advertisement before running an ad. 

Employees and Clients

An attorney is responsible for the actions of non-attorneys they retain, employ or associate with in regard to their business. Because of this, attorneys are expected to monitor their staff’s use of social media and make sure they are aware of best practices for social media use. Many attorneys choose to hold team meetings or trainings in order to inform their staff what is expected of them. 

Many states have issued guidelines for attorneys to follow when they counsel clients regarding their social media use. Generally, these guidelines include advising clients to change their privacy settings, remove content and not to discuss their legal matter on social media. It is important to note that clients should not remove any content that violates preservation obligations or obstructs evidence. 

Social Media and Litigation

During litigation, attorneys are obligated to implement ethical social media practices. Information to be used in discovery and trial needs to be subpoenaed, screenshots or posts printed out are not admissible due to the possibility of missing data. 

Attorneys are also not permitted to friend request or follow a witness, jury member or party on social media in order to gain access to their information for data collection in a legal matter.

Lastly, attorneys should avoid communicating with clients over social media. If they choose to do so, any communication should be conducted through private messages to maintain privacy. 

Thanks to The Law Office of Eglet Adams for their insight on social media use in the legal profession.