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 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, 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.

 

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.  

Personal Injury Lawyer

It seems like everything related to filing your taxes is complicated and hard to understand. Filing a wrongful death lawsuit is also quite complicated, which means it is especially complicated to consider whether or not the settlement from the suit is taxable. The truth is that some kinds of damages are taxable and some are not. This means it is very important to know whether you are on the hook or not when tax season rolls around. This guide will fully explain everything you need to know.

What Is Not Taxable?

First things first, some things are not taxable. Any damages that are compensating some kind of financial loss are usually not taxed. After all, you are simply being compensated for what is rightfully yours. The lawsuit should not make it so these items need to be taxed unfairly. For example, compensation for the medical bills the victim paid prior to death would not be taxed.

There is one major exception to this rule: lost wages. This is the income that the victim would have earned if the incident had never taken place. You can be compensated for this amount, but the income would have been taxed. Just like it is not fair to pay taxes on those medical bills compensation, it would not be fair to not pay taxes on that income.

What Is Taxable?

Most types of damages in a wrongful death lawsuit are taxable. Anything that is not compensation for a financial loss should be taxed. The IRS considers these to be forms of income, and must be taxed just like any paycheck. This includes:

• Compensation for pain and suffering
• Compensation for emotional distress
• Compensation for loss of companionship
• Punitive damages

Punitive damages are common in wrongful death cases. These types of damages refer to payments that the defendant must make simply as punishment. The judge may decide that the amount the defendant must pay as compensation is not enough to punish him or her. In these cases, extra damages are assigned which do not correspond to losses, but are punishment in and of themselves. These types of damages are also taxed.

Filing

If 100 percent of your settlement is not taxable, you do not even need to report it when you file your taxes. If any part of it is taxable, however, you need to report the full amount. You can claim whatever portion is not taxable as a deductible. Because this can be quite complicated, it is a good idea to speak with a tax professional and a wrongful death attorney,  like a Wrongful Death Lawyer, in  Lakewood FL.

Thank you to the experts at David & Philpot, P.L., for their contributions to wrongful death law. 

Personal Injury Attorney

When you or a loved one is injured while on a cruise, it is advisable to speak with a cruise accident lawyer for further advice. These cases can be complex and time consuming which is why it is important to retain a lawyer who has years of experience in handling them. A jack of all trades lawyer is simply not enough. A personal injury attorney understands how intricate cruise accident claims can be. Guided by a skillful mindset and extensive understanding of maritime law and other important legal considerations, we have successfully won millions of dollars for cruise accident victims. 

When a Cruise Ship Vacation Goes Wrong

Every year millions of people go on a cruise. Most have a fun time and encounter no unfortunate issues. Like any business who caters to thousands of people every day, accidents, errors, and mistakes will occur. Sometimes there is no fault involved, but other incidents are the result of carelessness, wrongdoing, or negligence. When this is a factor, it’s important to find out what a cruise accident lawyer has to say. 

The Most Common Cruise Ship Accidents 

There are a number of injuries and accidents that could happen while on a cruise ship. The following are some common examples that a cruise ship lawyer from has seen in a claim:

• Tender boat accident;
• Gangway accident;
• Trip/slip and fall accident;
• Sexual assault or battery;
• Automatic door accident;
• Injury from an unbolted object;
• Medical malpractice;
• Food poisoning;
• Excursion accidents;
• Drowning or near drowning;
• Overboard accidents;
• Disappearances;
• Fires;
• Contractual breaches; and
• more. 

Regardless of what happened or how severe your injury was, it is possible that you may be eligible for compensation that covers lost wages, medical expenses, pain, suffering, and more. 

Steps to Take After Being in A Cruise Ship Accident

Following your accident, there are a few steps that you may want to take to ensure your claim is fully documented. 

1. Report the incident to ship personnel as soon as it happens. 
2. Seek medical attention at the ship’s infirmary (you may have taken this step first)
3. Request the ship personnel to file an incident report. Try obtaining a copy of this before you leave the cruise ship.
4. Record the date, location, time, and any facts surrounding the accident. 
5. Take photographic evidence of the scene, the surrounding, and your injuries
6. Get the contact details from any witnesses

Understanding the Laws that Apply to Your Claim 

Cruise ship accidents can happen while boarding, unboarding, walking around the shipping, or during an excursion to a land based city. Depending on where and when the accident occurs you claim may fall under a state law, Federal Maritime law, or a foreign port’s laws. A cruise ship lawyer will know what laws apply and how to recover maximum compensation. 

Schedule a Consultation with a Cruise Ship Accident Lawyer

If you are ready to speak with a cruise accident lawyer like a personal injury lawyer, today.

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Personal Injury Attorney

You have been in negotiations for weeks, trying to hash out an agreement to cover your injuries from an accident. Your lawyer is doing their best, but the insurer is seemingly uncooperative. Meanwhile, your medical bills are piling up, and the specialist you need to see has just informed you that they require payment before they can continue your treatment. What are you going to do? You haven’t been able to work, and your savings are almost gone. Is there any way to pay for the treatment you so desperately need? Yes, you actually do have a few options to help you through your current financial situation.

Health Insurance

First, you can talk with your health insurance provider, explaining that your injuries were sustained in an accident, and you are currently in negotiations with the at-fault party’s insurer. Your insurance may cover the cost of your medical expenses. However, these payments will be earmarked, and once you receive your settlement or judgment, the insurer will expect repayment.

Medicare and Medicaid

Second, if you do not have insurance, you might qualify for Medicare or Medicaid. Both of these government-provided plans will help to cover the expenses of your medical treatment. However, they will also require that you use the full amount of your personal injury coverage from your auto insurer before giving assistance.

Personal Injury Coverage

Third, almost all auto insurance policies have personal injury protection built into the plan. While the coverage varies by provider, when you are involved in an accident, this portion of your auto policy should be one of the first places you look for assistance in paying your medical expenses. Unfortunately, personal injury coverage does not allow you to pick which bills are paid first, meaning that you do not have control over the funds.

Attorney Liens

Last, if all other options fail, you can turn to your attorney, especially if your case is pretty simple. Your lawyer can provide a letter to your doctors and other medical practices that essentially acts as a loan against your potential settlement or judgment. Therefore, you can receive treatment before receiving your settlement or reward. Then, upon receipt, your attorney and then the medical practices will be paid first.

While it can seem daunting and like there is no hope when fighting a personal injury claim, just know that there are ways to continue to get the medical treatment you need even when your cash flow is running low. To discuss payment options further, contact a personal injury lawyer, like a DC personal injury lawyer. 

 

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Thanks to Rispoli & Borneo, P.C. for their insight into how to pay your medical bills during a personal injury claim.