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Steps to Undertake After Being Hit By Another Vehicle

Posted by on Oct 5, 2016 in Uncategorized |

If you had an accident with another vehicle, you will most likely check on the damage sustained as well as exchange insurance information with the other party involved. If you believe the incident occurred due to the negligence of the other motorist, there are some steps you should take to protect yourself should they try to flip the blame for the occurrence on you in order to get compensation. Here are some tips you can use immediately after getting into an accident with another vehicle to protect yourself in case the other driver tries to falsify information to benefit themselves. Get Checked Over by a Medical Professional If the incident did not require you to take an ambulance to the hospital, you should still go to your regular physician immediately following the incident to have a thorough examination done. Many people find themselves in a state of shock after the impact of an accident, and this causes them not to feel pain as adrenaline kicks in. They will then find out later they have sustained an injury that needs treatment. Your doctor will provide detailed documentation at your request specifying the extent of your injuries. This can be used in a court of law should the other motorist try to press charges against you. The injuries sustained may show they could have only been caused if your vehicle was struck in a specific way and prove you were not the one who caused the accident. Alert Authorities About the Situation It is best to call the local police to let them know about the accident that occurred. They will provide traffic control help to keep other motorists safe on the roadway if necessary. They will also write up a report about their findings when they have arrived on the scene. Let the other motorist know you have made a call to the police. This will most likely help keep them on the scene rather than take a risk in driving away. If they do try to leave, take a photograph of their license plate to give to the authorities upon their arrival. Gather Witnesses and Surveillance Information If there were others in the area when your accident occurred, ask them for their names and phone numbers before they leave. If you need to go to court to fight an accident suit, they will be able to give a synopsis of what they saw leading up to the accident. Check with local businesses and homes near the scene of the occurrence to see whether they have video surveillance pointing toward the roadway. Your attorney will also check with road officials to see whether there are traffic cameras in the area that may have retained footage to evaluate. Talk to a law firm such as Swartz & Swartz P.C. for more...

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Tips For Writing A Will As A Business Owner

Posted by on Sep 14, 2016 in Uncategorized |

Writing a will is often a complicated task, but it is especially so when you own one or more businesses that will contribute to your estate. Here are some tips to simplify the will writing process as a business owner. Consider What Will Happen to the Business First, consider what would happen to your business should you pass away. If you are the sole owner, would you want the business to pass onto one of your dependents, or would you want to have the assets liquidated and included as part of your estate? Whichever your choose can have big implications for how you write your will.  Understand Your Business Responsibilities Even if you decide to liquidate the business, consult an accountant about how that process would actually work. You might have several tax amounts owed as well as debts to pay before the liquidated assets go into your estate.  Make Sure Your Business is On Track Be sure that your business is headed in a financially sound direction before you include it in your will. You wouldn’t want to leave the family business to a dependent, only to discover it’s not worth anything or, worse, that you’re leaving a huge liability on someone else’s plate.  Hire a Lawyer The laws surrounding your business and your will can be difficult to navigate. This is really the case when you have several business partners; it can be difficult to extricate your share of the assets from a business that will continue to exist after your departure. A lawyer can help you learn what you can and can’t do when including your business assets in a will. It can also be difficult to imagine how many assets your business will include, especially since you don’t know what kinds of debts and profits that you’ll have in the future. A lawyer or accountant can help you do some financial planning so that you know what to expect when splitting your business assets.  If the situation is fairly complicated with your business, hiring legal services with estate planning experience may be your best option. Your lawyer’s fees may leave a small dent in your estate’s assets, but the alternative could mean that your estate doesn’t get carried out as you intended at all. The expense is sometimes worth it to have the assurance that the assets you’ve worked for will be used as you plan. Talk to an attorney like Gregory J Hermiller for more advice on how to include your business in your...

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When Is The Best Time To Drive?

Posted by on Aug 25, 2016 in Uncategorized |

When you are involved in a car accident, you may be injured or injure someone else as well as incur expensive damage to your car. In the aftermath, you may have to fight it out legally with insurance companies and the other party involved. Obviously, avoiding accidents altogether is your best strategy. Although there are never any perfect times to drive, you can reduce your chances of an accident by choosing your driving times wisely. Rush Hour According to statistics, the hours between 5pm and 7pm are the most dangerous times to drive. Of course, most people have to work, and many jobs require hitting the road during that period. Since approximately 13 people are killed on the road each day at those times in the US, avoiding rush hour is always advisable. Obviously, not everyone has that option. You will be safer if you can begin work later and avoid the madness of the late afternoon commute.  Summer Vacation For your teenagers, the deadliest days for driving fall between Memorial Day and Labor Day, coinciding with summer vacation. Monitoring your teen during these days can be extraordinarily difficult, but you do need to limit their time on the road and discourage the number of passengers they take along. Talk to them about distracted driving and do not be afraid to take away the keys if their driving is careless.  Holidays Holiday driving is also extremely dangerous, particularly Memorial Day, New Year’s Day, and Thanksgiving. Every year hundreds of driving fatalities occur on these days, often involving alcohol. If at all possible, you should avoid traveling the highway on these days. Consider choosing an alternative day to celebrate with relatives who live hours away. You can get together the week before or after the actual holiday, helping to keep your family safe. You will also be less stressed and better able to enjoy your time visiting if you don’t have to worry about the packed roads that are awaiting your trip home. If you are involved in an accident, you may well need the help of a good car accident lawyer and the aid of your insurance agent. Both of these professionals will tell you to take precautions so that you do not need their services after a crash. Often, your driving is not the problem. You do have to watch out for all the other people on the road,...

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Race And National Discrimination In The Work Place: A Few Faqs

Posted by on Aug 6, 2016 in Uncategorized |

No one deserves to be discriminated against due to their ethnicity or national origin, especially in one’s place of employment. Luckily, the federal legal system has certain policies that prevent employers from discriminating against you due to these factors, and those who do not comply with these policies can be punished. You may have a few questions about discrimination in the work place, this brief guide will aim to answer just a few of them. If you believe that you are being discriminated against in your place of employment due to your race or national origin, it is highly recommended that you speak to a local and trusted attorney who specializes in discrimination law. Can An Employer End Harassment By Third Parties? In a roundabout way, yes. In fact, your employer has a legal obligation to curb such behavior. While your employer has no way of directly reprimanding any customers or vendors that the business you work for has to deal with, they can make provisions towards ensuring that an individual is reprimanded. A customer can be disallowed from a place of business if he or she has been shown to be racially insensitive to employees, while an employer has an obligation to contact the employer of a vendor if that person has shown him- or herself to be racist. Is Making Work Assignments Based On Race Discrimination? Yes, it is, and yes, it is illegal. This process, known as “steering” often times occurs in the field of sales, where, for example, African American representatives are often sent to do business in areas with a large African American population. Any race-based assignments are considered discriminatory and are not in compliance with the letter of the law. This can engender harmful stereotypes and places power in the hands of an out of touch employer who believes that he or she knows what is best for his or her company. Sadly, what he or she knows best is a series of outdated racial relations. Can “Jokes” Be Considered Harassment? When a “joke” is told wherein a racial stereotype is perpetuated or race is used as punchline, this is considered a form of harassment and is also illegal. Sometimes, sadly, the onus of the joke telling activity may fall upon the victim of the joke. It is imperative that you tell the person perpetuating the joke that you find the jokes unfunny, insensitive, and potentially racist, so that person will have a difficult time arguing that you were somehow “in” on the joke. Contact a business, such as Law Office of Faye Riva Cohen, P.C., for more information....

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Terms To Be Aware Of In Criminal Law

Posted by on Jul 25, 2016 in Uncategorized |

Criminal cases that are presented in television dramas have little to do with the average criminal cases that most people may come across in their lives. For example, if you are sued as a cook for causing one of your patrons to get food poisoning, you cannot afford nor do you need a high-priced, celebrity attorney. On the other hand, you do need to understand the options at your disposal. An understanding of at least a few legal terms can help you intelligently participate with your lawyer in preparing your case.  Plea One of the first things you will need to decide is how you will plead in your case. This will often depend on the facts that the opposing attorney can use to prove your guilt. If there is a strong case against you, and you plead not guilty, your efforts to maintain your innocence can come across as a lack of remorse. Thus, if you are in fact guilty of a crime, pleading guilty may help you to receive a lesser punishment than what otherwise may be handed down. There are other options bedsides guilty and not guilty; you should discuss all of your options with your lawyer, such as no contest or a plea bargain.  Mens Rea Another key term in criminal law is mens rea, which is Latin for guilty mind. Let’s say that you accidentally caused a patron to get food poisoning, but you had no idea that you were doing so. In some states, you cannot be convicted of a crime unless you meant to commit the crime. Thus, proving your state of mind will be key in building your defense.  Diligence If you took every reasonable step to prevent a crime but ended up hurting other people anyway, your punishment will likely be less than if you omitted steps. For example, if you failed to come to a full stop and look both ways at a stop sign before pulling into traffic and slamming into another car, you failed to perform your due diligence as a driver and are guilty of, at the least, reckless driving. Proving that you did your due diligence will help you in building a case of not guilty.  While a legal dictionary could have tens of thousands of terms, these few terms will help the average person to contend with the type of cases that could be leveled against them. On the other hand, rather than feel like you are now fully prepared to mount your own legal defense, you should always work with a knowledgeable attorney from a law firm like Abom & Kutulakis LLP to prepare the best defense...

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Avoid Making These 3 Bankruptcy Mistakes When Filing

Posted by on Jul 11, 2016 in Uncategorized |

All it takes is a series of unfortunate events to make you consider bankruptcy. Losing your job, being hospitalized, or even a divorce can leave you without much money and many bills to pay. It is true that bankruptcy can be a very effective way to eliminate all your debts, but you want to avoid making some mistakes along the way. In particular, these are 3 mistakes that can be made when you file for bankruptcy. Not Listing Every Creditor When filling out the initial paperwork for a bankruptcy filing, you’ll need to list every creditor that you have, which includes the amount owed and the kind of debt that it is. Only those accounts listed on the paperwork are eligible to be discharged when the bankruptcy process is finished. If you do not list a creditor, it could be detrimental to you in a few ways. For starters, creditors are notified once you make the list. When they receive their notifications, they must cease communication with you for the purpose of collecting your debt. Creditors that are not notified can continue contacting you. Those debts that are not listed will also not be discharged, making you still accountable for paying them even after your bankruptcy filing is successful. Acquiring Any New Debt After you decide to go down the path of filing for bankruptcy, taking on any new debt is not an option. This includes making big purchases or opening new lines of credit. If it is found out that you are doing these things while filing for bankruptcy, it can be argued that you only did it so that your old debts would not be repaid. The bankruptcy court may decide that you must repay old debts because of this. Hiding Some of Your Assets Bankruptcy under Chapter 7 proceedings requires that all your assets be documented, which includes personal property and real estate. This is because the courts can make you liquidate property that is non-exempt. If you decide not to disclose an asset so that it is not liquidated, your bankruptcy could be dismissed. It’s not worth the risk when large assets can easily be discovered, so be sure to list all assets when filing. If you want to make sure that you don’t make a mistake when filing for bankruptcy, work with a bankruptcy lawyer like John D Rouse in your area. They can walk you through the entire process to make sure that you are doing everything...

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Drug Possession Charges And Addiction: This Isn’t The End Of The Road

Posted by on Jun 20, 2016 in Uncategorized |

More than 50 million people have used prescription medication for a non-medical reason at least once in their life. This epidemic has significantly expanded over the years, causing somewhat of a strain on the legal system. The response has been harsher penalties for people who aren’t just selling drugs, but are also in possession of them due to an addiction problem. Unfortunately, regardless of the intent of use for the drug, these types of charges come with the potential for harsh punishment. What Constitutes Possession? In simple terms, any time you are in possession of a prescribed medication that you do not personally have a prescription for, you can be charged with possession. Many people are shocked to discover that there is no minimum amount of drugs you must be in possession of to be charged. If you have been caught with even a single pill, you face the same judgement as someone who has been caught with more pills. In the eyes of the law, any person in possession of a high-level prescription not intended for them is violating the law. What’s At Stake? If you are arrested and convicted of having a medication that is not your own, costly fines are just the start. A conviction of this magnitude also comes with jail time. However, more importantly, this type of charge can affect your entire life. Drug charges at any level can prevent you from securing certain types of financial aid for higher education and can even prevent you from securing certain types of employment.   When Addiction Is The Problem Every person who is in possession of a controlled substance isn’t a hardened criminal or drug dealer. For a number of people, they are dealing with a serious addiction and in need of help. They don’t just need to be tossed in jail. If you’re in this boat, this is where an attorney becomes critically important. In this case, an attorney won’t try to argue that you didn’t commit the crime, but instead argue the fact that you need help for your addiction. Instead of a conviction, an attorney can help move toward a more positive outcome. An attorney can help ensure you receive the treatment you need to move forward with your life, positively, instead of just ending up behind bars and not having your real need met. If you’re dealing with addiction and have also been charged with possession, you haven’t reached the end of your road. Let an attorney help you move past this situation and move forward with your life. Contact a professional such as Alejandro Rivera PA – A Law Firm to learn...

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4 Reasons To Hire A DUI Attorney

Posted by on May 13, 2016 in Uncategorized |

Being charged with driving under the influence (DUI) is very serious and should not be taken lightly. The consequences of a DUI conviction can be severe and disrupt your life for a long time. Therefore, after an arrest for DUI, it is in your best interest to hire an experienced DUI attorney as soon as possible. There are many good reasons to retain the services of a DUI attorney, such as the following: Understanding DUI Laws Most states have complex DUI laws, and if you’re not in the legal field you most likely don’t understand all of the details of the DUI laws in the state where you live. A DUI lawyer knows all of the details of DUI laws in your state, so he or she will know how the laws affect your case. Limit the Consequences A DUI conviction comes with a long list of possible consequences, such as large fines, loss of driving privileges, court-ordered drunk driving awareness classes, and jail time. If you have a DUI attorney representing you, there is a chance that he or she may be able to get the charges dropped or build a defense that results in you not being found guilty. In the event that there is not enough evidence to prevent a conviction, your attorney will be able to work with the prosecutor to negotiate a plea deal with the most favorable terms possible. If have been convicted of a DUI in the past, it is essential to have a lawyer. In many states, repeat DUI offenders can be sentenced to considerable time in jail or even prison. Investing in the services of a DUI attorney may help limit the amount of time that you have to spend behind bars.  Experience in a Courtroom When you have been charged with a DUI, having an attorney who is experienced in the courtroom is a serious advantage. He or she will understand how court cases proceed and will be comfortable addressing the judge and presenting information. If a favorable plea deal for your DUI charge can’t be reached and your case goes to trial, you will want to have someone on your side who knows how to build a defense and present it to the judge and jury. Assistance with Paperwork There are a number of documents and forms that have to be completed after a DUI arrest. If you have retained the services of an attorney, he or she will assist you in ensuring that all of the proper forms are filled out and submitted to the right department at the court. For more information, talk with a DUI attorney, such as those at Tekulve Law,...

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Examples Of Illnesses Workers’ Compensation May Cover, And How To Strengthen The Claims

Posted by on May 13, 2016 in Uncategorized |

Workers’ compensation insurance is meant to compensate workers who get injured on the job. This is what most employees know, but the reality is that the insurance isn’t just for accidents; it also extends to some forms of illnesses. Here are two examples of illnesses that Workers’ compensation may cover, and how you can prove your claim:    Diseases Caused By Work Conditions Some work conditions and give rise to diseases, and if that happens, you are entitled to Workers’ compensation as long as you can prove it. For example, those who work with wood, silica or coal may inhale their dust, which may give rise to lung conditions, such as asthma and bronchitis. Some chemicals may also cause skin diseases, such as skin cancer and contact dermatitis, in workers exposed to them. Illnesses Caused By Emotional Stress It is well-known that physical stress cause illnesses, but what you may not know is that emotional stress can also cause physical illness. Stress can trigger migraines and headaches, give rise to depression and anxiety, and worsen gastrointestinal problems. Emotional stress as a trigger of physical illness is not a well-documented field. Matters are made worse by the fact that people respond differently to stress triggers; it’s not like physical injuries. Everybody will be hurt by falling from the roof of a tall building, but not everyone will feel stressed (at least not to the point of getting physically ill) by the difficulties of keeping up with an assembly line in a factory. As you can imagine, your employer will not be too happy if you link your work conditions to your illnesses. Therefore, you have your work cut out for you in terms of proving your work-illness connection. Here are some of the proofs you need to strengthen your claim: You did not have the disease before you started working in the suspect environment. Your symptoms worsen when you are at work, especially when near the offending materials or conditions. Other people working under the same conditions have complained of similar health issues. You may need an expert witness, such as a medical doctor, top prove these claims. The best thing you can do for yourself if you have developed a work-related illness is to consult an attorney. These cases aren’t as clear-cut as accidents, so you need thorough preparation for your workers’ compensation claim; a workers’ compensation lawyer will help you do...

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Considerations To Make Before Filing A Wrongful Death Lawsuit In Connecticut

Posted by on Apr 27, 2016 in Uncategorized |

Losing a loved one is never easy, but some of the effects might not be felt for weeks, months, or even years. In particular, financial impacts can be pretty severe, even if they aren’t immediately apparent. For example, lost wages can be an immense figure, but that figure won’t necessarily grab your attention until the bills really start to pour in. Funeral costs can also be a lot more prohibitive than you might imagine. Thankfully, there is a way to help mitigate some of those financial burdens with civil litigation. A wrongful death lawsuit could help you get a large sum of money, which can be used to offset those problems. However, you do need to be careful about filing such a lawsuit, since the particulars can vary dramatically from state to state. Here are some of the key rules that you need to consider when you are specifically filing in Connecticut: Who can file a wrongful death lawsuit? Like many states, Connecticut requires that wrongful death lawsuits be filed by the personal representative or executor of the estate. Even if you are a child or spouse of the deceased, you cannot directly file if you are not in charge of executing the estate. That being said, you can usually request that the executor file such a lawsuit and you may aid in building the case. If the executor is unwilling to file such a lawsuit, then you can potentially pursue legal action and have a new executor appointed. If the executor is not operating in the best interests of the estate, then the courts may agree with you and have a newer, more agreeable executor appointed. When can you file a wrongful death lawsuit? The statute of limitations for wrongful deaths is fairly simple, since it tends to follow the same rules as personal injuries in general. The statute of limitations for personal injuries (and wrongful deaths) in Connecticut is 2 years. That being said, there are some circumstances where the statute of limitations may be extended. For example, if you didn’t discover that the death was due to negligence or wrongdoing until after the statute of limitations had expired, then you may get an extension. It’s important to also know that Connecticut places a hard cap of 3 years on such extensions, so even if you do discover that the death was a result of negligence, you only get an additional year to file (in addition to the original 2...

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Legal Help: Workers’ Compensation Denied After Getting Wrongfully Fired

Posted by on Apr 6, 2016 in Uncategorized |

Did you get laid off right after suffering a bad injury at work, and now your employer does not want to approve your claim for workers’ compensation? Depending on what your claim was denied for, you might still be able to contest the decision and get workers’ compensation with the help of a lawyer. The article below will explain how a lawyer can help you successfully contest your workers’ compensation denial that occurred after getting fired without a good reason. Assessing Why Workers’ Compensation Was Denied Before anything is done to help you get paid, you must show the workers’ compensation denial letter to your lawyer. He or she will determine if the denial is for a legitimate reason or if you should move forward with contesting it. If you are being denied workers’ compensation because you filed for it right after you were injured and laid off, it is likely that you still have a chance of getting the benefits. Your lawyer will simply determine if your employer unfairly laid you off in an effort to avoid having to give you the workers’ compensation benefits.  For instance, too many workers’ compensation benefit claims by employees can lead to an employer having to pay a higher insurance premium. Preparing a Sufficient Amount of Evidence After determining why you were fired shortly after your injury, the lawyer will begin obtaining evidence to prove your case. One of the things that an employer might try to deny a claim for is if they assume that you were not actually injured on the job, or that the injury isn’t as severe as you proclaim. To prove such an incident, your lawyer will need you to provide a statement from your physician that confirms the severity of your injury and how it likely happened. He or she will speak to your coworkers to find out if they witnessed the injury.  Unfair workers’ compensation denials of past employees of the company will also be investigated to discover if it is something that is commonly practiced to keep the insurance premium low. Settling the Dispute Through the Appeals Process A lawyer will begin the process of settling your workers’ compensation claim denial by attending a hearing in front of a judge. However, he or she might try to settle the dispute before going through a hearing by speaking directly to your employer. The dispute can turn into a drawn-out court case if your employer does not cooperate. Contact a workers’ compensation lawyer as soon as you can. For a workers’ compensation lawyer, contact a law firm such as Hardee and Hardee...

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