Apr 26

Author : David SteinI dropped my son off at school today On the front lawn was a sobering reminder of reality The school parked a severely damaged car near the front of the building as a way to get the kids to think about drinking and driving during prom season

As a personal injury lawyer, I know that car crashes and serious injuries occur every single day One statistic suggests that there are 11,000 disabling accidents in the U S each day These are not just car accidents They are motorcycle accidents, rollovers, and collisions of all kinds And, rarely are these simple “accidents” Usually, these are serious crashes caused by drivers that are reckless and negligent

The statistics are getting worse and worse Drivers have more distractions now It used to be that a driver simply may not have been careful, or may not have seen a red light Now, texting, cell phone use, GPS systems and all sorts of other gadgets constantly fight for the attention of drivers when they should be focused on only one thing: driving safely

Furthermore, like the car on the lawn of my son’s school, more and more serious injuries are being caused by drunk drivers This is a serious and growing problem

When I am contacted by a person injured in a car accident, the first thing I do is make sure my client knows their rights under the law The most important of these is the right to take your time to get the treatment and care you may need

As a result in the increase of car accidents, insurance companies are fighting harder to limit their exposure The quicker they settle your claim, or trick you into limiting your treatment, the less exposure there is for their insurance company

When you are injured in a car crash, the first thing you should do is to get well Focus your attention on your medical care and seek the best help available The last thing you should do is to start negotiating with the insurance claims adjustor The adjustor’s goal is very simple: limit your claim and their company’s loss The first thing they will do is to ask to interview you and take a statement Next, they will attempt to direct or limit your treatment and then get you to sign a release as quickly as possible Do not fall prey to this! Take your time to mend Then, get some advice

If you have been injured, you are entitled to compensation for medical bills, future medical expenses, rehabilitation and pain and suffering These claims take time to evaluate and should not be rushed by aggressive insurance companies

Injuries manifest themselves over time It sometimes takes months to understand how a serious car accident has affected your body When evaluating a case, you need a complete understanding of all of your injuries, your potential medical costs, and whether your life has taken a permanent change as a result of the crash Generally, you have two years to either settle a case for personal injury or to commence a lawsuit Use this time wisely

It may sound tempting to “do it yourself” when it comes to handling a personal injury claim However, an experienced personal injury lawyer will know how to maximize the value of your claim He or she will know how to fully evaluate and present your case, how to deal with the adjustors, and how to counter the legal maneuvers that you may face along the way

Remember, when you are hurt in an auto accident, you have legal rights One of those rights involves taking the time to heal and evaluate your case The biggest mistake you can make is to rush into a hasty decision Take the time to get well Get good medical treatment And, get advice from a lawyer experienced in personal injury law He or she will be a skilled advocate on your behalf

When you are ready - only after you have considered all the compensation to which you may be entitled - allow your lawyer to negotiate a settlement on your behalf Your rights include time, and the ability to consult legal counsel These rights cannot be taken away by an insurance claims adjustor So, make sure you protect them David K. Stein is a personal injury lawyer in Columbus, Ohio and is Senior Partner of Stein Chapin & Associates, LLC.

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Apr 24

Author : Joseph HernandezYou have been injured as a result of a motor vehicle accident and have scheduled initial meeting with a lawyer This meeting will give you an opportunity to evaluate whether you feel comfortable with and will trust the lawyer to handle any claim(s) you may have Keep in mind, however, that the meeting will be used by the lawyer as an opportunity to make a preliminary assessment of merits of the case, of the damages (or value) of the case, and of you as a potential witness and client

The lawyer will most likely want to hear your full description of the accident, examine all the documentation pertaining to the accident, and learn about the injuries you suffered as a result of the accident, all the treatment you have undergo and will need in the future for those injuries, and all additional expenses you have incurred and will likely incur in the future as a result of your injuries, including medical expense and loss of earning capacity

In order to prepare for the meeting, you should put together a folder with the following documents for the lawyer:

1 The police report and/or accident report(s)
2 Photographs of the accident and accident scene
3 All information you gathered regarding the other driver, including name, address, driver’s license number, vehicle year, make and model, license plate number, and insurance company
4 The names and contact information of any witness(es) to the accident
5 Photographs of damage to the vehicle(s) involved in the accident
6 Cost estimates repairs for the damage to your vehicle
7 Photographs of any injuries you suffered as a result of the accident
8 All medical records concerning your treatment for the injuries you suffered as a result of the accident
9 Documentation regarding any lost wages and other costs you incurred as a result of the accident
10 Your automobile insurance policy

In addition to the above, the lawyer will likely ask you about any prior medical history, any prior accidents you have been involved in, and any claims you may previously made for personal injuries The lawyer may ask you to sign a medical release form to obtain copies pertinent medical records

During the interview, the lawyer will assess you as a potential witness by judging how a jury is likely to feel towards you as a plaintiff, how well you describe the accident and communicate the nature of your injuries, and whether this is your first accident and personal injury claim or you have a long history of accidents and claims The lawyer will also assess you as a client by taking into account whether you have been courteous to the lawyer’s staff, whether you have been easy to reach and have returned phone calls promptly, whether you have been organized and punctual, and whether you have reasonable expectations

The lawyer will also evaluate the merits of the case by examining the circumstances of the accident as well as whether witnesses and the damage to the vehicles corroborate your version of the accident and indicate that the accident was due to someone else’s negligence The lawyer will examine the police report, accident report(s), photographs of the accident, the accident scene and the damage to the vehicles, as well as the estimates of the cost to repair the vehicles as part of his evaluation Basically, the lawyer will assess the likelihood of success in establishing that the accident was caused by the negligence of someone else

The lawyer will also consider the damages (or value) of the case The lawyer will consider such factors as the medical expenses you have incurred and will likely incur in the future for the treatment of your injuries, the amount by which your injuries will result in a loss of your earning capacity (this is more than just “lost wages” and may require calculating the market value of amount by which your capacity to earn has been impaired by your injuries), the nature of your injuries (for example, fractures, scars, loss of limb, etc ) your pain and suffering (which may be based upon the actual physical injuries and any resulting disability), whether the injuries are new or are an aggravation of preexisting injuries and conditions Other damages to which plaintiffs may be entitled, depending on the applicable law, include a claim for emotional distress and a claim of loss of consortium by spouse, parents and children

The lawyer will take into account whether there are factors that may reduce the amount of recoverable damages, such as the lack of reasonable care to minimize damages (for example, to minimize the loss of earning capacity), any liens that exist or may arise from workers compensation benefits and insurance payments, any legal defenses that may be raised used by the defendant, and whether any of the fault for the accident may be attributable to you, the plaintiff (the impact of this can vary depending on the applicable laws) As part of evaluating the recoverable damages, the lawyer will need to determine the amount of insurance available and whether it is sufficient to cover the damages

Finally, the lawyer will consider the investment needed, in terms of time and cost, to resolve the case This will largely depend on the complexity of the case For example, (1) are there multiple defendants, (2) what is the nature of your injuries, and (3) will there be a need for experts, including medical experts, accident reconstruction experts, and vehicle safety specialist, to name just a few

If the lawyer decides that he or she will pursue the case on your behalf, the lawyer will ask you to sign a retainer agreement In personal injury cases, these are also often referred to as a Contingency Fee Agreement because lawyers who handle personal injury matters normally take them on contingency rather than on an hourly basis, meaning the lawyer will be paid only if there is a recovery in which case the lawyer’s fee will be a percentage of that recovery If you wish for this lawyer to handle your claim and sign the agreement, the lawyer can then begin to work on the case

Selecting an experienced, competent car crash lawyer can make a significant difference in the outcome of your case Keep in mind that the law limits the amount of time you have to pursue a claim Joseph Hernandez is an attorney focused on complex personal injury and catastrophic injury matters. For more information about how a Car Crash Lawyer can help you visit his website at http://www.vehicle-accident-law.com/car-crash-lawyer.shtml

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Apr 24

Author : Nick MesseBankruptcies increased 43% in 2008 While this is in part due to the financial downturn that accelerated at the end of 2008, it also represents a trend of increased bankruptcy filings even though new reforms in who can file were put into place in late 2005 As result, a whole industry of credit repair businesses has sprung to life And while their claims are seductive to those mired in debt and desperate for a solution, proceed carefully for this solution may not be what it seems Colorado bankruptcy services maintain a list of credible credit counseling services

According to the Better Business Bureau, complaints against credit repair companies rose 38% in 2004 and have been on a steady rise since then Overblown claims of producing clean credit histories from dismal credit reports are tantalizing to those bogged down in defaults, late payments, foreclosures and bankruptcies on their records But, in reality, these credit repair and credit counseling agencies do nothing for the debtor except take money they cannot afford and sometimes vanish into the night leaving no trace

A credit repair company can do nothing for you you cannot do for yourself The only way to remove negative items from your credit report is either for the item to age out (meaning that it automatically drops off your report after around 7 years) or you dispute the item to the credit bureau with proof the item in incorrect Period There are no other ways to remove negative items from a credit report

So, what are the red flags that a company representing itself as a credit repair solution might not be on the level?

– They want money up front A lot of it Never, never pay up front
– New Social Security Number Some companies promise their customers new, clean Social Security Number Don’t believe it It is virtually impossible to get a new Social Security Number and illegal to have more than one
– They want you to create an Employer ID Some of these companies encourage their customers to create an employer ID number with the IRS instead of using their Social Security number to produce a “new” credit record Don’t do this either Skirting the issue in this manner will only deepen your trouble
– Consumer rights Any reputable company should provide you with a copy of your consumer rights and actions you can take for yourself
– Dispute all information Some companies advise their customers to dispute all the information on their credit report This is fraud and you may be subject to persecution Contact Colorado bankruptcy services for a list of government approved credit counseling agencies
– The company recommends you not contact a credit bureau This is absolutely your right and the right way to clean up your credit

The National Foundation for Credit Counseling maintains a web page at www nfcc org or can be reached by phone at 1-800-388-2227 Their web page offers valuable information on credit counseling and advice for overwhelmed debtors Through their resources, you can find a reputable credit counselor near you to answer further questions or contact Colorado bankruptcy services for further information When faced with mounting debt, there are many Colorado Bankruptcy Services available to help get your financial situation back under control.

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Apr 24

Author : Shaun ParkerIn these days of credit crunch, everyone is having to bite the bullet We’re careful how we spend our money, we are shopping around for everything from groceries to electronic products to get a bargain Car sales haves slumped due to a lack of spending and don’t even think about a holiday!

So, we are all feeling the pinch Many people are just hoping they can hang on to their jobs and homes while we ride out the latest economic storm It may seem a strange thing to think about during such times but we should all consider our wills and whether or not they are up to date or, indeed, if we have even made one

You can never predict the way life will go and what little assets we have left, we certainly wouldn’t want to fall into the wrong hands The wrong hands being the administrative legal mess that envelops anything we leave behind when we shuffle off this mortal coil without leaving a will

So, for those who have been fortunate enough not to feel the crunch, you will probably already realise the importance of wills To leave everything you have worked so hard for to the people you know would either make the best use of it or be the most appreciative, is a personally fulfilling thing to do To know that you can help your loved ones even when you are not here gives you peace of mind

For the unfortunate masses that have been hit by the economic crisis, you still need to think on the subject of wills, particularly if you have family Even if you are living in a rented property without a job, what happens if the unthinkable should happen to you as far as your children are concerned? Without any written agreement, children will often be placed straight into care until permanent arrangements with family can be sorted out legally

If you have a family, then consulting a family lawyer is often a good way to ensure that, in the event that you should no longer be here to care for them, they will be well cared for by the person of your choosing - with their agreement of course

Now this may all look a little morbid and it’s often something that people don’t want to face but at the end of the day the saying that the only certain things in life are death and taxes is so, so true Hopefully, the former will be put off way into the future but it’s not certain and therefore we need to do the right thing and ensure that no hardship is put on our loved ones in the way of caring for children or debts or even the sharing of assets among the appropriate people If we have all our affairs in order throughout life not only do we gain peace of mind for now but we ensure we do what we can for our families long term

There are some cultures when it would be considered a dishonourable thing to not have provided instructions for our effects after we are gone The UK doesn’t really have such a hang up about it but surely if we love our families then providing for them or at the very least, covering the difficulties that may be left behind when we go, will at least leave them with one less thing to deal with while they are grieving Shaun Parker is a legal expert with many years of experience in the area of will making. Find out more about wills at http://www.willdrafters.com

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Apr 22

Author : Nick MesseYour debts have become overwhelming Perhaps you have mounting medical bills Perhaps you’ve been laid off and can’t find another job quickly Creditors are calling around the clock, each one asserting that his or her claims are the most pressing and should be paid first When this happens, take a deep breath and do some prioritizing of debts is in order to minimize the damage until you can get on your feet again Chicago Illinois bankruptcy lawyers can offer you advice on alternatives to bankruptcy

The IRS - Always, always, always, file your tax returns Even if you have to file the return without payment attached Delaying filing because you don’t have the money to pay or evading filing all together will only make the situation worse The IRS will notice and once your omission has become known, they can garnish your wages, seize your house and assets, empty your bank accounts and generally make life miserable

Child Support - Failing to make child support payments is another action that can land you in jail, have your wages garnished and a myriad of other problems that vary from state to state These have a way of piling up until the total owed is insurmountable, so make these payments timely

With those two biggies that can exponentially deepen your misery out of the way, move onto the daily needs:

Groceries, gas and medical needs - You have to eat and get to work, right? Handle these debts on a daily basis and pay cash, if possible These expenses can be juggled around, robbing Peter to pay Paul, as the saying goes, to balance out this spending

Mortgage and rent payments - Losing your house or home won’t make things better, so pay these bills next Mortgage companies are often open to some negotiation on the mortgage payments and sometimes will move a payment or payments to the end of your mortgage schedule, giving you at least one month of breathing room Landlords may not be as receptive on delaying rent, but like other creditors, they’d rather have something than nothing, so give negotiating with him or her a try

Utilities - Heat, electricity and water are essentials Pay these next Again, these expenses can be manipulated to save some money Cable television and phone service are not as important and can be disconnected if necessary

Vehicle payments - If your car payment is more than you can afford, sell and buy something more affordable If your financial future is looking bleak for the moment, this should probably be done as soon as possible before your credit history takes too many hits and while you can still get reasonable interest rates

Student Loans - These can go down on the list of bills to pay as long as the lender is not pressuring you However, your tax refunds can be intercepts and applied to these and up to 10% of your wages garnished So, if your lender is pressuring you, you should probably move this up the list For more information on federally backed student loans, call Chicago Illinois bankruptcy lawyers

Credit Cards - These are unsecured debts and can go last on the list Sure, they are probably the most persistent and sometimes will negotiate extensions or reductions of the debt in order to get something out of you But, be aware, some companies will increase your interest rate if they thing you are having trouble paying, hoping to recoup the maximum from you Read the fine print in your credit card agreement before calling Other such debts - newspaper subscription, magazine subscriptions, gasoline charges - all can go at the bottom of the priority list for now

Responsibility for personal debt and the knowledge of how to reorder spending and debt payoff can go a long way toward clearing out past financial problems However, if debt is overwhelming and bankruptcy seems the only choice, Chicago Illinois bankruptcy lawyers can guide you toward the avenue best suited to your needs When faced with the possibility of bankruptcy, Chicago Illinois bankruptcy lawyers can help get your financial situation back under control.

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Apr 22

Author : Christine HarrellNo one wants to risk personal assets in the event of a business failure or wants personal debt problems to disrupt a business New York corporate bankruptcy laws clearly delineate the debts of the owner from the debts of the business

New York Corporate Bankruptcy vs Personal Bankruptcy
If an incorporated business files Chapter 11 bankruptcy in NYC, that decision will usually not affect the personal assets of the owner Protection of personal assets is exactly the reason many business owners choose to incorporate However there are cases where an owner may have given a personal guarantee of a loan in which case the owner can be held liable for the corporation’s debts Consult a bankruptcy attorney in New York for an analysis of your situation

In the other direction, the law is clearer A personal bankruptcy on the part of the owner has no effect on the operation or finances of the business per se However, if a chapter 7 trustee in the personal case decided to administer the business assets, he has a right to sell or liquidate the business to satisfy the personal shareholders

Personal Debt And Business Debt
It is impossible to separate different kinds of debt in a bankruptcy Some business owners want bankruptcy for only certain kinds of debt, say seeking protection on business assets but accepting responsibility for business-related but personal assets purchased with the company’s money New York corporate bankruptcy law does not allow this kind of designation

This is even more important if the business is a sole proprietorship rather than a corporation Since there is no delineation between the business entity and personal assets, they all fall under the same umbrella Business owners can lose their homes or retirement investments to a failed business, which is why all business owners are strongly encouraged to form an LLC or corporation

LLC And Corporation Protection
Unlike sole proprietorships, forming an LLC or corporation can offer considerable protection of personal assets against New York corporate bankruptcy If creditors seek to collect business debts, they can relinquish assets only of the business entity, which keeps personal assets separate and protected against claims for Chapter 11 bankruptcy in New York Additionally, if an LLC is managed and structured properly, not only will each owner’s personal assets be protected, but each owner’s business liability is also limited to the invested amount in the company

Often referred to as a “company” or “limited company,” a corporation is similar to an LLC in the fact that it offers its owners, or shareholders, protection against personal assets Creditors of a corporation are unable to hold shareholders responsible for corporate debt, which means that if a corporation is unable to issue full payment to its creditors, then creditors still have no legal right to claim personal payment against shareholders

Bankruptcy is a difficult time for all parties involved, and corporate bankruptcy is no exception Regardless of the type of business entity, it is important with facing corporate bankruptcy to work closely with your experienced bankruptcy attorney in New York to discuss all available legal options Author is a freelance copywriter. For more information on New York corporate bankruptcy, Chapter 11 bankruptcy NYC or Bankruptcy attorney in New York, visit http://www.BankruptcyNewYork.com/.

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