Car Accident Attorney

Serious traffic offenses are best handled by an attorney. Though you can try to represent yourself, or risk it with an assigned public defender, it may be better to hire someone you feel comfortable with. If you were ticketed for driving while intoxicated, it’s a serious crime. Whether this is your first or you twenty-first time, legal representation can help you make the most of the situation.

First-Time Offenders

If this is the first time you’ve received a ticket for DWI, the judge may hand you a standard sentence. If your case doesn’t involve any injuries or accidents, the sentence may be less. As a non-violent first-time offender, it may not be worth it to hire an attorney. As someone without a formal education in the law, you may not be the best person to make that determination. Speaking with a lawyer and explaining your case could give you a better idea whether to hire an attorney or represent yourself on your first DWI infraction.

A More Serious Offense

If you have received a ticket for DWI in the past, possibly even multiple times, your sentence will more than likely be greater. The whole case could be made more complicated, requiring the assistance of an attorney. If you injured or killed another individual while driving impaired, or if your actions resulted in an accident or other property damage, the case will probably carry a harsher sentence as well. Having a lawyer on your side could help you keep the sentence as minimal as possible.

Benefits of Hiring an Attorney

When you hire an attorney to assist you in your DWI case, there are many benefits you’ll experience. For example:

• The lawyer will have the legal knowledge you don’t have, possibly yielding better results in your favor.
• A private attorney often means a shorter amount of time in court.
• You can consult a variety of attorneys and essentially choose the person or team you feel most comfortable with.
• You’ll have the one-on-one time you need to discuss details of your case and decide where to move ahead.

Getting Started

If you’ve been cited for DWI, it may be more serious than you think. Whether it’s your first time or you’ve been there before, it’s important you take the proper steps in handling it so you don’t end up with the harshest punishment for it. For help in achieving the best outcome for your situation, contact a DWI attorney in Virginia and get started by explaining your case.

 

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Thanks to Frederick J. Brynn, P.C. for their insight into criminal law and hiring a lawyer for a DWI.

Personal Injury Lawyer

Every driver is legally required to carry auto insurance so the at-fault party can pay for the damages and injuries caused by their mistake. Unfortunately, not everyone follows this law and some drivers are not covered while on the road. So, what do you do when you’re hit by an uninsured or underinsured driver, and the accident is proven to be their fault?

After the Accident

Immediately following the accident, call 911 and determine whether you need medical attention. Collect the insurance information, if they have any, as well as their contact and vehicle information. If there are any willing eyewitnesses, collect their contact info, the name and badge number of the police, and write down any important details about the accident – date, time, location, traffic signs – especially details that help to prove the accident was the other person’s fault. If you can, take pictures of the accident and the vehicle damage.

Using Your Own Insurance

Your insurance policy likely includes uninsured and underinsured coverage, for exactly these types of situations. If the responsible party has no insurance, you would file a claim with your insurance company for your losses, up to the limit of your uninsured coverage.

If the responsible driver’s insurance is not adequate for covering all the damages, you would file a claim with their insurance up to the maximum amount. If your underinsured driver coverage is larger than their maximum coverage, you would also file a claim with your insurance but only up to the amount that exceeds the other driver’s coverage.

For example, the accident has cost $150,000 and the other driver’s insurance covers $50,000 and your policy covers $100,000. You would file a claim with their policy for the $50,000, and would only be able to file a claim with your policy for $50,000 – the amount that your policy exceeded theirs.

Next Steps

If you find out that the responsible party does not have enough, or any, insurance coverage, you should let your insurance company know as soon as possible that you will be filing a claim with them. Some insurance companies are strict with deadlines in these types of situations, which could be as little as 30 days.

As your case continues and you receive medical treatment and property damage repairs, you may not know right away that you will need an underinsured claim. Work with a car accident lawyer in Lakeland, FL in these cases to help you determine the potential cost of the accident to make these decisions quickly. This will maximize your ability to file claims for as many of the damages and losses as possible so you don’t end up with a huge loss on your hands that wasn’t even your fault to begin with.

 

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Thanks to David & Philpot, PL for their insight into personal injury claims and car accidents with uninsured drivers.

Truck Accident Lawyer

Georgia law requires every driver to carry liability insurance. When a truck driver causes an accident, that driver’s insurance pays compensation to injured victims.

The amount of compensation depends on the extent of the injuries and on whether the truck driver and the injury victim were both responsible for the accident. It may also depend on the liability limits that the policy holder purchased.

A truck accident victim’s claim for compensation will usually be made to the truck driver’s insurance company. Your own insurance company may not be required to pay anything.

Still, there is probably a clause in your insurance contract that requires you to notify your insurance company if you were involved in an accident. If you fail to do so, your insurer might not be responsible for paying any compensation that it would otherwise be required to pay.

Since it is difficult to know in the days following an accident how questions of fault might be decided, it is wise to obey the policy terms and to notify your insurance company of the accident. To assure that your interests are fully protected, it is also smart to get legal advice before providing that notice.

Calling Your Insurance Company After a Georgia Truck Accident

There are times when you might need to make a claim against your own insurance company. If you are in an accident with an uninsured or underinsured driver, you may need to look to your own uninsured/underinsured motorist coverage to obtain full compensation for your injuries.

Fortunately, most trucking companies carry ample insurance. Some independent operators, however, violate Georgia law by continuing to drive after their insurance lapses.

Uninsured motorist coverage also protects against hit-and-run drivers. If you are sideswiped by a merging truck that keeps going after the crash, you will need to rely on your uninsured motorist coverage unless you (or the police) can identify the truck that hit you.

When you make a claim against your insurance company, the company has a duty to pay that claim in good faith. Unfortunately, most insurance companies care only about their bottom line. They often resist paying claims or invent reasons to pay less than full compensation.

Every conversation you have with your insurance company is important. Statements you make might be misunderstood. Your words might be twisted and used against you. Having your truck accident lawyer report the accident on your behalf is the best way to protect yourself if it later becomes necessary to make a claim against your own insurer.

Dealing with the Driver’s Insurance Company After a Georgia Truck Accident

You do not need to call the truck driver’s insurer. A claims adjuster for the truck driver’s insurance company will probably call you.

Claims adjusters want to take statements as soon as they can. They hope to talk to accident victims before they have a chance to talk to a lawyer. They also want accident victims to give a statement before they have had the opportunity to review accident reports. They take advantage of accident victims who are not fully prepared to discuss the accident.

The claims adjuster wants to save the insurance company’s money. The adjuster will ask questions, and may try to shape your answers, with that end in mind.

While your insurance policy requires you to cooperate if you make a claim against your own insurance, you have no legal obligation to talk to a claims adjuster who works for the truck driver’s insurance company. It is best to tell the driver’s claims adjuster that you need to get legal advice before you answer any questions.

Your truck accident lawyer can contact the claims adjuster on your behalf. There is no rush to talk to the truck driver’s insurance company. Letting your lawyer do the talking for you will relieve your stress while you focus on recovering from your injuries. 

One of the more important strategies for a business to employ is called tax liability minimization. However, it is essential that you know what you are doing when undertaking this task. The federal government has very strict requirements for businesses paying taxes. You need to follow these rules carefully or you may face legal trouble. There are things you can do to minimize how many taxes your business owes, but some strategies are legal and some are not.

Tax Liability Minimization Vs. Avoidance

The difference between tax liability minimization and tax liability avoidance is that the latter is illegal. The most common method of tax avoidance is to not report all your income. If it appears that your business made less than it did, you do not need to pay as much in taxes. Instead, you will only pay taxes on the amount your business did earn, and you can pocket the rest. To be perfectly clear, this is tax fraud and many people go to prison every year for doing exactly this. Another form of illegal tax liability avoidance comes in the form of claiming deductions that you are not eligible for.

Tax liability minimization, on the other hand, is perfectly legal. There are some strategies you can employ that reduce how much you owe without being dishonest or breaking any laws.

Methods of Tax Liability Minimization

Here are the most common forms of legal tax liability minimization:

• Increase Employee Benefits – Paying into employee benefits, such as retirement plans or healthcare, reduces your total gross income. This means the amount you are taxed on is reduced. Make sure you keep careful records of where every dollar goes and report it to the IRS accurately.
• Charity Donations – If you contribute a large amount to the right charities, you can receive sizable tax deductions. As added bonuses, you can do a lot of real good in the world and improve the reputation your business has at the same time.
• Transition Non-Qualified Investments – This one is a little hard to understand unless you already know how it works. Essentially, dividends and interest are not taxed by the federal government and sometimes state government. This means you can carefully transition your investments to reduce your tax liability as much as possible.

Because this is such an important matter, it is a very good idea to hire a business tax accountant or attorney, to handle this. You can still get in serious trouble even if you break a tax law accidentally.

Before entering insurance coverage arbitration, policyholders should ask whether arbitration is the best and most appropriate way to resolve complicated insurance disputes. Until recently, arbitration provisions were rare in standard insurance policies. Now, they are increasingly more common. Additionally, the language contained in many standard arbitration clauses has become even more burdensome over time. This is because insurance carriers tend to prefer insurance coverage arbitration over litigation.

Arbitrators may not need to follow policyholder-friendly law

Policyholders rely on policyholder-friendly rules of construction to win claims. Courts and arbitrators need not look to the outcome of whether or not a claim is covered. Instead, a defense is necessary if a claim has any possibility of being covered. Furthermore, policy exclusions favor policyholders over insurers. For an exclusion to apply, there must not be any other viable interpretation of coverage other than the one the insurer offers.

Both arbitrators and courts must heed the law. However, if standard insurance rules of construction are applied, policyholders typically have a distinct advantage. However, arbitration is altogether different. Arbitration award reviews are limited. Plus, arbitrators are usually given more flexibility than courts in creating their rulings. Arbitrators may even be permitted to evaluate factors that are unrelated to coverage. 

Moreover, arbitrators have been known to be improperly swayed by insurance industry customs and practices, rather than following the established legal standard of interpreting insurance policy language. These are factors that arbitrators may consider which cannot be considered in court, since they are factually and legally irrelevant to coverage.

Lastly, some arbitrators may be reluctant to apply standard rules of construction because these rules are designed to give black and white coverage determinations, favoring coverage. When these rules are applied to most contested corporate insurance claims, it often leads to a ruling that the claim is covered.

To muddy the waters, insurance carriers often raise as many possible defenses to coverage as possible. They may push for the devaluation of a claim, whether their arguments are valid or not. Therefore, even if the legal rules mandate coverage, arbitrators can open the door to legally invalid insurer defenses, whether intentionally or unintentionally. This may not necessarily lead to an incorrect decision. However, it complicates the process unnecessarily.

Arbitrators may disregard insurance carrier bad faith 

Some arbitrators have been conditioned to ignore an insurance carrier’s bad faith conduct. On the other hand, courts and juries may be conditioned in the other way. Insurance companies want to increase their net income by limiting expenses, which includes restricting payments on claims. All too often, insurance companies find it too tempting to deny claims for financial reasons. This is a breach of their duty of good faith and fair dealing with policyholders.  

Some insurance arbitration organizations are extensions of insurance companies

Insurance carriers have formed specific trade associations disguised as arbitration tribunals. These arbitrators have experience working for insurers, and they translate this knowledge into favorable outcomes for insurers in arbitrations. An arbitration before these organizations is similar to an arbitration with the insurance company claims adjuster.  Policyholders should not agree to arbitration with an insurance arbitration organization that is an extension of insurance companies.

The best way to discover your options as a policyholder is to sit down with an insurance recovery lawyer, like an insurance lawyer, and discuss your situation. Attorneys know and understand the state and federal laws. These lawyers may also help with asset management and effectively manage a policyholder’s insurance coverage as a financial asset. Schedule a consultation with an insurance recovery attorney today.

 

 Personal Injury Lawyer

When you hear “domestic abuse” it is common to think of a couple, married or otherwise. However, domestic violence cases arise from more than just verbal and physical dispute amongst lovers. It is important to understand what constitutes a domestic violence criminal offense so that you can avoid being charged. Even if you are not someone who is committing a domestic violence offense, it is good to know what they are so that you may use the proper term if you happen to witness a domestic abuse situation and want to contact law enforcement. To build a defense in the event that you have been charged with a domestic abuse offense it is good to know why the charge was given and why or if it is valid.

Domestic abuse comes in many forms, and not all forms are physical. Some domestic abuse charges arise from emotional abuse, which many people view as more harmful than some physical abuse. It is more common to occur with a current domestic partner, or even a past partner or a caregiver. Domestic abuse is any physical, emotional, or sexual act against an individual or individuals with the intent to harm, control, degrade or coerce them.

Emotional domestic abuse is strictly mental. Any harsh words or name-calling that is intended to hurt a victim, is considered domestic abuse. This may be looked at as bullying with everything but your body. Using the power of your tongue and words to cause emotional harm to another person.

Physical domestic abuse is quite obvious. This involves any physical contact, it can be directly from the abuser or an object they use. Physical contact may be in the form of pushing, pulling, punching, or slapping, amongst several other things.

Sexual domestic abuse occurs when an abuser forces themselves on another individual without their consent. This occurs in marriage as well, no documentation is enough for consent unless that documentation is consent itself. Sexual abuse becomes domestic abuse if it is by a past, or present domestic partner or caregiver.

There are several other forms of domestic abuse, and no matter if you are a victim or an accused, it is best to speak with a skilled criminal defense attorney that will be able to make it clear what the charge is and what options are available to you. If you or someone you know has been domestically abused or has been accused as such, speak with a skilled Decatur criminal lawyer for clarity as soon as possible.

 

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Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and domestic abuse.

 

If you were injured at work, your doctor will likely want you to take some time off while you recover. While that sounds great in theory, you may get bored after a while. This could tempt you to go back to work before you’re truly ready. Here are some of the dangers of going back to work too soon after an injury.

 

More Injuries

 

If you go back to work before your doctor says it’s okay, you’re at risk of suffering further injuries. For example, let’s say you injured your back at work. If you come back to work before your back is fully healed and start lifting objects again, you’re in danger of hurting your back even more. You could also get injured by changing your movements to compensate for an injury because you’re putting strain on another part of your body.

 

Medication Side Effects

 

Your doctor will likely prescribe you medication for your injury. For example, if you’re dealing with pain and discomfort from your injury, you will likely take prescription pain medication. While these medications can help you feel more comfortable, they come with side effects, such as drowsiness, nausea and poor motor skills. If you return to work while still taking these medications, you may not be able to do your tasks properly and also pose a danger to yourself and others.

 

Reduced Benefits

 

If you return to work before you’re healed, you also risk getting your benefits reduced. If you need to stop working again because you get reinjured, it could complicate your workers’ compensation situation and negatively affect your benefits.

 

Discouragement

 

Even if you don’t get reinjured when returning to work too soon, you might still not be able to do all of your tasks properly. For example, if your job involves a lot of lifting, you may find that you aren’t able to lift as much as you used to. This could lead to frustration and defeat. You may feel disappointed in yourself for not being able to do your tasks and lose your desire to go back to work every day.

 

Consulting With a Workers’ Compensation Lawyer

 

Getting injured at work can be a difficult thing to deal with. If your employer is pressuring you to come back to work before you’re ready, you should speak to an experienced workers’ compensation lawyer. He or she can discuss your case with you and advise you the best way to proceed.

 

Attorneys understand how frustrating it can be to get injured on the job. That’s why they want to help you get the compensation you deserve. Contact a workers compensation lawyer in Wytheville, VA for a consultation. 

 

Thanks to The Law Offices of Mark T. Hurt for their insight into workers compensation and the problems with returning to work too early.

 

Most labor and deliveries go smoothly in this country. However, there are times when issues or incidents cause birth trauma and injuries for infants. Although there are birth injuries that are considered minor and will heal fairly quickly, there are cases where the trauma results in long-term or permanent injuries and medical issues.

Our birth injury attorneys advocate for children and parents when those birth injuries are a result of negligence on the part of medical professionals and could have been prevented. Far too many cases our legal team has handled were the result of a medical professional failure to recognize and address fetal distress before it was too late. Some of the more common types of birth injuries include:

Intracranial Hemorrhage: An infant’s skull is extremely fragile and if special care is not used by the doctor and other professionals, bleeding can occur in the infant’s skull. This is referred to as intracranial hemorrhage. There are different types of hemorrhage a newborn can suffer:

•       Cephalohematoma: When the bleeding occurs between the skull and the skin. This often causes a bump to form on the infant’s head, which usually goes away within a few months.
•       Cerebral: When bleeding occurs inside the brain
•       Intraventricular: When the bleeding begins in the brain’s ventricular system. This is where spinal fluid is produced. This is considered the most severe type of intracranial hemorrhage
•       Subconjunctival: This occurs when the blood vessels in the infant’s eyes break. Signs of this injury include bright red bands around the irises. These bands usually disappear within a few days and do not cause permanent damage.

Birth Asphyxia: This is also referred to as hypoxic ischemic encephalopathy. When there is a lack of oxygen or blood flow during delivery, the infant can suffer from life-long physical and mental impairments. These impairments can range from mild to severe.

Bell’s Palsy: An infant can develop Bell’s palsy when their facial nerve is injured during the birthing process, leaving the face muscles on one side of the face unable to move. Bell’s palsy is often a result of the doctor using too much force or pressure when using forceps to help with the delivery. If the nerves are just bruised, they may heal on their own. If it is torn, the baby will likely need surgery to repair the damage.

Erb’s Palsy: The brachial plexus is the group of nerves which control the arms and hands. When the brachial plexus is damaged during delivery, the baby is not able to flex or rotate their arms. Whether or not Erb’s palsy is permanent or not depends on the extent of damage to the nerves. If they are torn, the injury may be permanent.

Bruising and Fractures: The most common types of birth injuries are fractures. Large infants and those delivery breech (feet first) are more at risk of birth fractures. Bruising can also occur from the stress of going through the birthing process, often from the doctor not properly using forceps.

Spinal Cord Injuries: If a doctor pulls, overstretches, or rotates the infant the wrong way during delivery, the infant can suffer injuries to the spinal cord, resulting in permanent health problems.

Contact a Birth Injury Attorney Today

If your baby suffered birth trauma and you suspect negligent medical care was the cause, contact a birth injury attorney, today. We will schedule a free case evaluation and determine what kind of financial compensation your family may be entitled to.

 

 

Applying for Social Security Disability Insurance can be an arduous process. For someone who has suffered from an injury or significant illness, this type of federal benefit can make all the difference. Such a hardship can cause significant financial struggles for a person and their family. Unfortunately, more than 70% of all SSDI applications are initially rejected by the Social Security Administration (SSA). It’s important to note that sometimes, the reason for the rejection may be easily rectified. Enlisting the services of a disability attorney to aid in the appeals process may increase your chances of obtaining SSDI. The following, are common mistakes made by applicants during the SSDI process:

 

Mistake #1 Incorrectly Filling Out the SSDI Application

This is probably one of the most common errors a claimant can make during the application process. For someone who is unfamiliar with the process, it can be easy to make mistakes when applying for SSDI. Unfortunately, SSDI claims can be rejected for something as small as a technical error on an application. It may be beneficial to work with an attorney from the start to avoid this from happening. They can help to put together the application and supporting documents correctly, and in a timely manner. 

 

Mistake #2 Not Checking in on the Status of the Application

Deadlines for SSDI are stringent. Failure to comply within the appropriate timeframes can result in either a rejection of your claim, or require that you start the entire process over. Usually, the SSA will notify you of their decision in writing, by mail. Because of this, it’s important to ensure that the SSA has the most updated information. The last thing you want is for your notice to go to the wrong address or get lost in the mail. As a result, the deadline to file an appeal could pass you by. 

 

Mistake #3 Giving Up

Learning that your claim for SSDI has been denied can be incredibly discouraging. Many often lose hope when this occurs. It’s important that claimants do not give up at this point in the process. With such a large amount of claims initially denied, the request may be rectified through the appeals process. 

 

Mistake #4 Attempting to Avoid the Appeals Process by Filing a New Application

Upon receiving an SSDI rejection, some make attempts to file a new application altogether rather than endure the appeals process. This is a complete waste of time. Not only will the process take longer, it will almost always result in the same decision in the end. The appeals process doesn’t mean that you won’t ultimately receive SSDI, it’s just an additional step in the process to endure. Enlisting an attorney’s services is sure to be in your best interest at this point as they will be able to put together your case for the appeals process and represent you throughout. 

 

A Disability Attorney

SSDI can be complicated for someone unfamiliar with the process. Hiring an attorney who works in this area of the law can help when ensuring that your rights are protected. In fact, people who are represented in the appeals process may actually have a higher likelihood of obtaining an outcome that is in their favor. 

 

Although the SSA has a high SSDI denial rate, it doesn’t mean that all hope is lost. In fact, a number of denials are overturned during the appeals process, especially with the help of an attorney. If your application for SSDI has recently been denied by the SSA, contact a Bristol social security disability lawyer for benefit denials as soon as possible so that you can file an appeal within the proper timeframes. 

 

Thanks to The Law Offices of Mark T. Hurt for their insight into social security law and frequently made mistakes.

 

If you are in a car accident or collision it is essential that you contact an accident lawyer to protect your rights

If you are in a car accident or collision it is essential that you contact an accident lawyer to protect your rights.  Insurance companies employee a staff of attorneys and adjusters who are paid to protect the company’s interests. You will not be treated as an individual but as a “claim” to be disposed of as quickly and inexpensively as possible.

You should consult with an attorney at no charge as soon as feasible following the collision.

Of course, if you are injured you may need an ambulance to take you to a hospital or go yourself especially if you are in pain. You should see a doctor as soon as possible and then follow up with appointments as required.

Your doctor may prescribe physical therapy for injuries you may have sustained, including, sprains, strains, spasms or other soft tissue injuries.

It is important that you follow your medical provider’s advice and if you are advised to limit your physical activities it is important that you do so.

Your attorney will obtain authorization from you to receive records connected to your injuries pertaining to lost wages, if any, as well as all medical reports, diagnostic tests, counseling and the like.

Whether you recover from your injuries after a period of rest and treatment, or if you have sustained catastrophic injuries from an automobile, motorcycle or trucking collision the choice of a lawyer is every bit as important as is your selection of medical experts.

Your lawyer must demonstrate a keen interest in your personal well being, relate to you in a clear and convincing manner and answer your questions and concerns with patience. He is obligated to keep you well informed and will be pleased to do so to reduce your anxiety and increase your comfort with his representation.

Experienced personal injury lawyers prepare every case for trial, leaving no stone unturned, even when a settlement occurs. In fact, meticulous trial preparation is very often instrumental in achieving the full value of your case without the necessity of a trial.  The diligence exhibited by your accident attorney is not lost on insurance companies and they will more often want to avoid a trial than not when your lawyer has a reputation for fearlessness and exhibits an ever-ready willingness to take your case to a jury.

Your personal injury lawyer in New Haven, CT will be prepared if a trial is a necessity by bringing in specialists such as those who specialize in accident reconstruction, engineers and economists to prove your case by the  most thorough preparedness of the evidence.

The attorney client relationship begins with a free consultation.  All cases are taken on a contingency basis. Attorneys earn their fees when the clients are awarded compensation on their claims, whether through settlement or a verdict at trial.