Personal Injury Lawyer

While debt collectors can contact consumers regarding money owed, they are not permitted to violate rights or break laws in order to do so. Sometimes a debt collector may take their efforts too far and end up harassing people with incessant and unprofessional reminders of payments due. Not only that, but debt collectors may utilize robocalls as means of communication. Consumers may not realize they have rights which are supposed to protect them from such treatment from debt collectors. 

Here, we have answered a series of questions that consumers may eventually ask themselves after becoming so fed up with the frequent pestering:

What is the definition of a robocall?

A robocall is defined as an automated phone call or pre-recorded voice message that is sent on behalf of a telemarketer, debt collector, political party, charity organization, bank, healthcare provider, educational facility, or other institution. Robocalls can be a useful tool when used appropriately. For example, a consumer may find they are thankful to receive a robocall when it comes to a prescription reminder, an upcoming appointment, a fraud alert for their account, or class cancellation.

Why have debt collection calls become so bothersome? 

Most people have awareness about when they are behind on certain monetary obligations, so the constant phone call reminders are probably not necessary. Additionally, debt collectors may not even hire real people to do the calling, so a back and forth conversation cannot be had. Instead, they may have set up an autodialer system that stores numbers and sends out messages through robocalls on a regular interval. Perhaps a call from a real person every month or so would be tolerable for consumers, but the unrelenting daily robocalls can be undeniably illegal.

Why isn’t my creditor calling me? Why have they turned to a debt collector?

It is possible that once a consumer is behind on payments, a creditor may request that a debt collection agency pursues payment for them. The methods debt collectors may use can be unethical, and border on harassment. What the creditor and debt collection agency may have failed to see, is that annoying robocalls may motivate the consumer to push back instead of making a payment. Trying to recover money by harassing consumers may not be successful.

How do I know whether my debt collector is violating consumer rights?

Debt collectors may do everything within their power to get payment from consumers, perhaps without much regard for whether the tactic is legal or not. If you are impacted by any of the following harassing behavior by a debt collector, you may want to talk with a lawyer,  for protection: 

• Receiving calls before 8 a.m. or after 9 p.m. 
• Threatening that you will be arrested if you do not pay your credit card bill, loan, or other debt obligation
• Contacting your family, friends, workplace, or other third party about the money you owe the creditor
• Sending robocalls to your cell, home, or work line despite requests not to (both verbally and in writing)
• Refusing to validate the debt despite requests from the consumer

Contact an attorney today to have an advocate on your behalf. 

Personal Injury Lawyer

When you or someone you know is arrested, there may be many things that cross your mind. Hoping that you are able to return home sooner than later. There can be several thoughts all the time, and not all thoughts create the right actions. So, it is important to understand how to handle being arrested and what not to do if you are arrested. Doing as you are told by law enforcement, but you should also understand your rights and what the law enforcement officer is not able to do.

Do not try to plead your case. This means do not prove your innocence or guilt. It is the police officers’ job to prove that you are in the commission of a crime, have been, or will be. By trying to plead your case, this may cause some sort of frustration and lead to other infractions and issues. Hire a lawyer, the lawyer will do all the pleading for you. Do not make things worse for yourself. During an arrest, remain calm, and quiet. Do as you are told and leave the talking to a bare minimum.

Obviously, do not run. If you are on foot or in a vehicle, comply with the officer. Running away may lead law enforcement to believe there are other illegal activities taking place and could be so dangerous that you may become injured.

Do not just comply to a search because they asked. If there is no search warrant, remember it is your right to refuse a search. This is, of course, unless the officer has probable cause. Remember that it is illegal for officers to conduct a search one of the three: permission, a search warrant, or probable cause.

Maintain your innocence as much as possible. There is no way this can be used to harm you when you do. Be mindful that criminal defense attorney’s offer free consultations so once you arrive at the jail, call a criminal defense attorney. They will be able to discuss your legal rights with you and let you know possible outcomes of your case should charges be filed against you. Even in the event that you did not do the best maintaining order and respect during the process of your arrest you have a right to an attorney. Should you or your loved one be a victim of an arrest, contact a criminal lawyer, such as from The Lynch Law Group, to discuss your legal options in the matter.

Personal Injury Lawyer

After you’re injured in an accident, you probably don’t want to think about all the legal issues just yet. You’re focused on mentally and physically recovering, and you just want to take care of yourself. While this is understandable, it’s important you realize you may have a limited amount of time to file your lawsuit. As soon as you’re physically and mentally able, or if you can have someone help you while you’re unable to do it yourself, you should get started with your lawsuit.

The Statute of Limitations

Every state has something called the statute of limitations. It’s a time limit for which you have to file any type of lawsuit. For each type of case, there is a different time limit, and they also vary from state to state. This is why it’s important you speak with a lawyer to truly understand how long you have to get your lawsuit filed.

For example, in Missouri, you could have up to ten years to file a medical malpractice lawsuit. If you confuse that with a personal injury lawsuit, you could be in trouble, as Missouri only allows for five years to file for personal injury. If you live in Montana, you only have three years to file your personal injury lawsuit, but your friends just over the border in North Dakota have six years. As you can see, it’s critical you understand the statute of limitations specifically for personal injury in your state.

Extensions of the Statute of Limitations

There are limited situations that extend the time frame you have to file your personal injury lawsuit, regardless of the state in which you live. For example:

• If your injury resulted in you becoming comatose, you wouldn’t have the conscious knowledge of your injury or the ability to seek compensation. Instead, the statute of limitations would begin after you woke from your coma and a doctor declared you mentally competent to understand what you’re faced with.
• If your injury occurred while you were a minor, you could have more time to work on a case. Minors cannot bring a lawsuit for personal injury, but as soon as you turn 18, you can begin the process. The statute of limitations would begin on your 18th

Learning More About Personal Injury Timelines

A lawyer could be your biggest advocate when you are injured in an accident. To learn more about personal injury cases and the timelines associated with them, contact your lawyer today. Contact an attorney like a personal injury lawyer, at the law offices of Davis & Brusca, LLC, for more information.

Personal Injury Lawyer

Your life can be turned upside down when you get in an accident. Suddenly there are bills to pay that you hadn’t ever anticipated, and you may not have the savings to support so many unexpected expenses. If the accident caused an injury, those costs can skyrocket. As you wait around for the insurance company to pay your claim compensation, those bills may come due. How do they get paid in the meantime? Once your claim is processed, how do the payouts work? Here are ways to pay your bills before the settlement is reached and how to pay them after you’ve received compensation.

Health Insurance 

Immediately following an accident, you may face complications with an injury that require multiple visits to the doctor or more intensive treatment. If you’ve filed a claim, you won’t be able to wait for the settlement to pay those bills. Settlements can sometimes take months or years to be reached, especially if there is a lot of money involved or if there are disputes over who was at fault for the accident. Your health insurance can cover those initial costs so they don’t come out of your pocket.

Personal Injury Protection Coverage

Some policies have an option of adding personal injury protection (PIP) coverage. If you have this, you can claim your injury costs even if you were at fault for the accident. This gets filed with your own insurance and avoids the hassle of dealing with another person’s insurance company.

Medicare and Medicaid

These work similarly to other health insurance where your medical expenses can be covered under their coverage. This relieves the burden of paying everything up front. Oftentimes, you’ll be expected to refund the insurance once you’ve received your settlement.

Settlements

If your claim is successful, you’ll receive payment covering your expenses. If you used health insurance beforehand, they may see to it that they are paid back first, and then you’ll obtain the rest of the money. You should get your money in the form of a check written by the insurance company usually within a week of settling.

Lawyer Expenses

If you used a lawyer to help negotiate your settlement claim, they will also take their percentage from your total settlement payment. You’ll agree upon this percentage in advance. The amount of your settlement will be negotiated with that amount in mind so that you still have money left over to cover your own expenses after everyone else is paid.

Contact a lawyer, like a personal injury lawyer from Needle & Ellenberg, P.A., to discuss your options. You may not know some are applicable to your situation until you ask.

Personal Injury Lawyer

If you file for bankruptcy and are wanting to keep some of your credit cards, you will most likely not be able to do so. Your credit cards company will learn of your bankruptcy and will almost unquestionably cancel your credit card. However, there are several ways you can rebuild your credit after filing for bankruptcy.

Obtaining Credit After Bankruptcy

Although you lose your credit cards when you file for bankruptcy, you will still be able to apply for a credit card or other consumer loans. In fact, most people start receiving new offers in the mail in a few short months after their discharge.

While this might not make much sense, here are some reasons why companies may consider you a good risk.

• You will have more discretionary income to pay bills due to your discharge
• People who file for bankruptcy tend to be more financially responsible
• You aren’t able to file for bankruptcy for another 8 years, so there’s plenty of time to collect their debts, if necessary

With that being said, it’s not always a good choice for everyone to get another credit card after their bankruptcy discharge. Weigh the decision with great care to determine if it’s right for you or not.

Rebuilding Credit After Bankruptcy

Credit reporting bureaus favor people who can responsibly handle a couple of unsecured credit cards, a car loan, and a secured credit account. Once you have a good mix of different types of credit, you want to make your payments on time.

Ideally, you’ll want to pay your balances down between 10% and 30% of your available credit. You don’t want to pay off your card entirely, however, because this will cause the credit card company to pull your credit. Each time that happens, your credit will take a hit.

Additionally, the amount of credit available to you will strongly influence your credit score – which is another good reason to utilize under 30% of your total credit available. When you can use your credit card for your everyday purchases and then pay it down – but not off – credit card companies will look at you rather favorably. This is because you are helping them make money without being a huge risk. This can lead to additional credit increases rather quickly since those companies will want you to continue making money for them. If you do these things, your credit score will increase – probably faster than you thought!

If you need help rebuilding credit after bankruptcy, contact a knowledgeable and experienced attorney, like a bankruptcy lawyer in Memphis, TN, who is familiar with the state and local laws.

 

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Thank you to the experts at Darrell Castle & Associates for their input into bankruptcy law. 

Personal Injury Lawyer

Despite efforts at raising awareness through public safety campaigns, distracted driving continues to be a problem through the U.S. The lure of sending texts, emails, checking social into social media, and taking pictures is a strong one. While these activities are known to be a leading factor in car accidents and injuries, being distracted by your phone can increase your risk of injuries as a pedestrian as well.

Distracted Driving

According to safety experts, distracted driving has reached epidemic proportions in the U.S. The Centers for Disease Control and Prevention (CDC) reports that as many as nine people each day are killed in distracted driving accidents, while more than 1,000 others suffer serious and potentially life-threatening injuries. Common ways in which drivers can get distracted include:

•     Visual distractions, which cause you to take your eyes off the road
•     Manual distractions, which cause you to take your hands off the wheel
•     Cognitive distractions, which is when your mind wanders from the task of driving

 Smartphones are a common culprit in these accidents and are particularly dangerous as they generally involve your visual, manual, and cognitive skills, all at the same time. Making calls, taking photos, or texting is not the only distraction drivers face, though. Changing GPS or radio stations, eating fast food, and even talking to other passengers can all take your focus off the road long enough for an accident to occur.

Distracted Driving Accidents and Pedestrians

While the dangers of distracted driving are fairly well known, walking while distracted can put you at risk as well. New studies from the Governor’s Highway Safety Association (GHSA) show that pedestrian accidents have been increasing about 10 percent over previous years, and using smartphones while walking plays a significant role.

Whether walking for exercise, running errands, or to get to work or school, many people keep their attention focused on their phones, rather than on conditions around them. Texting, scanning social media, and using earbuds to listen to music can make you oblivious to dangers, making pedestrian accidents more likely to occur. Common dangers that put people walking at risk include:

•     Stepping or stumbling and falling off sidewalks
•     Disregarding traffic signals at busy intersections
•     Failing to pay attention to motorists engaged in dangerous behaviors, such as speeding or aggressive driving
•     Failing to hear or notice specific danger signals, such as blaring horns or screeching tires

To guard against the risk of a variety of different types of accidents and injuries, drivers, as well as pedestrians, should be cautious in avoiding anything that distracts their attention from what they are doing. This means keeping cell phones and other electronic devices in your pocket, backpack, or handbag until you safely reach your destination.

Let Us Assist You with Your Case

When accidents and injuries do occur, you need professional legal representation to ensure your rights are protected. Contact a personal injury attorney in Ewing, NJ to request a free consultation for advice on how to get the compensation you deserve.

 

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Thanks to Davis & Brusca, LLC for their insight into personal injury law.

Personal Injury Lawyer

PIP stands for Personal Injury Protection and it is part of your automobile insurance policy, as a personal injury lawyer in Arlington, TX can explain. Many state’s law requires an insurance company to offer drivers Personal Injury Protection insurance coverage (often referred to as PIP).  The typical standard amount is $2,500.00. However, for a few extra dollars you can increase this type of coverage to $5,000, $10,000 and even up to $100,000.00! You should be given the option to reject it (it might save you a few dollars from your monthly premium) and unfortunately a lot of people do reject the coverage.  If you do not formally reject (by signing a rejection form) then you have PIP in the amount of $2,500!

Personal Injury Protection coverage covers and pays for certain expenses resulting from an automobile collision.  It will pay for medical bills and if the person that was injured was employed at the time and missed time off of work (leading to lost wages) then PIP will pay 80% of lost income.  The insurance company may require proof in the form of medical documentation verifying that the claimant was unable to work for the time claimed. Some insurance companies will also accept documentation from your employer stating the dates that were missed from work due to the injuries sustained the motor vehicle accident. PIP will also pay for reasonable household duties that could not be performed due to an injury. For example, if you had to hire someone to clean your house due to your injury, when you regularly did it yourself). Personal Injury Protection coverage does not cost a lot of money and it will come in handy when those medical bills start coming in.

So what if you have health insurance? Do you still need PIP?  Your health insurance should then cover your medical bills, but PIP can help with medication and deductibles. You need to make sure you have adequate coverage to protect you and help you in case you are involved in an accident and injured.  Medical bills can add up quickly even if you have health insurance. Health insurance often times does not cover 100% of the medical bills and you may have to deal with satisfying deductibles before the health insurance starts making payments. Get as much coverage as your insurance company will sell you.  Most insurance companies will sell you at least $10,000.00 in coverage under PIP, some will sell you even more.

 

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Thanks to Brandy Austin Law Firm, PLLC for their insight into personal injury claims and PIP.

Personal Injury Lawyer

If you are thinking about taking action against another party for a personal injury accident, then the first thing you should do is consult with an attorney. A legal professional can help you sort out whether you should file a lawsuit or file an insurance claim. At one point or another as your case is unfolding, you may need services from a court reporter, as they can play an important role during the legal proceedings. If you are being deposed or have to testify in a courtroom, a court reporter can be useful in creating a record of everything said. You and your attorney can then refer to these documents if needed. 

What Court Reporters Do

Court reporters may also be referred to as stenographers, and have a key role in keeping precise and accurate records of legal meetings, hearings, etc. Some people may think they can replicate what a court reporter can do through taking notes, however, this approach can lead to unintentional errors as well as being very time consuming. Court reporters have specific skills that enable them to take incredibly accurate notes at rapid speed. The court reporter can have the transcript ready almost immediately after the legal proceeding. In this way, all parties involved can refer back to testimony and details of the case when needed.

Depositions and Discovery

The discovery phase is when both sides obtain information relevant to the case. A deposition is a significant component to the phase of discovery, as it allows each attorney to gather testimony from people who can influence the case. For a testimony, an attorney asks the person questions in an attempt to gather more useful details from the opposite side.

An attorney can then figure out what the next best steps are for their personal injury client after a deposition is performed. These testimonies that can be utilized in the courtroom whenever needed. A deposition can surely be stressful, so your attorney can prepare you ahead of time and run through a list of example questions that the opposition may ask. 

Reasons To Hire a Court Reporter

Your attorney is likely to secure a court reporter’s services while preparing for a deposition, so the legal proceeding can be transcribed. To go without a qualified and experienced court reporter may have an impact on the case, if they aren’t able to keep up with the flow of the deposition and make errors along the way. Reasons to hire a court reporter for your personal injury case include:

• To save both the time and money that it would require to have another person transcribe from a recorded deposition (instead of live)
• To have a very accurate record of the deposition (court reporters have an accurate rate on average of 95% with up to 260 words per minute)
• The transcription the court reporter creates an enable an attorney to properly prepare for any additional legal proceedings to come

If you were injured in a personal injury accident and are considering taking legal action in some way, then you will ultimately need court reporters. 

 

Personal Injury Lawyer

In the US, nursing home neglect and abuse is severely underreported. Many people do not know what to do when they suspect abuse. If you suspect that your loved one is suffering abuse or neglect, here is what you need to know.

What Is Nursing Home Abuse?

Physical abuse, psychological abuse, neglect or financial exploitation might all fit the definition of nursing home abuse. Physical abuse involves any physical harm. It may include caregivers hitting, pinching or otherwise acting rough with patients. The physicians may use restraints on a patient or unnecessary force.  To determine physical abuse, you may notice bruising on your parents or loved ones. Additionally, the patient may act shy, fearful or flinch upon contact.

Watch for any changes in behavior or any change in physical condition. A lack of hygiene may indicate that your loved one is experiencing neglect. If you spot any signs of physical abuse, you may want to begin by asking your loved one about it. If he or she is afraid or if her or his memory is compromised, you may not receive straight answers.

Psychological abuse, of course, is a little harder to prove. Psychological abuse may involve humiliation, yelling or other forms of criticism. Sometimes you can tell psychological abuse by changed behavior. Get to know your loved one’s caregivers, this can help you to recognize any signs that someone is mistreating the patient.

Financial exploitation involves taking advantage of a patient’s finances. A person may steal straight from the patient or steal his or her identity. It is crucial that you keep close tabs on your loved one’s finances to ensure that no one is taking advantage of him or her.

Can You Report Nursing Home Abuse?

If you suspect nursing home abuse, you can and should report it. You have options when it comes to abuse claims. You can file a report with the facility or you can report straight to the police about suspicions of abuse. In addition, you may want to speak to a lawyer as soon as possible to find out how to continue forward with your abuse case. Whether you want to file charges or have your loved one removed from the nursing home’s care, you should have someone experienced to discuss your options with. You can also contact your local state’s authorities on matters of nursing home and elder abuse.

Nursing home abuse is extremely serious. Unfortunately, many families do not know how to report abuse or neglect when they see it. Consulting with a nursing home lawyer may provide you with insight on how to go forward with your case.

Personal Injury Lawyer

When it comes to personal injury, the amount of compensation you will end up with typically depends on the severity of your initial injury. The insurance company you’re dealing with will take an inventory of the incident to determine how much they feel you are entitled to. If you don’t agree with that amount, you might choose to file a lawsuit against the responsible party. Should you hire a lawyer? The following are some reasons it might be your best move.

The Insurance Company Is Difficult to Work With

In some situations, the insurance company just acts difficult. They may make an unfair settlement, or they may not offer you a settlement at all. Perhaps the insurance company will dig up all kinds of dirt on you, even follow you around, to determine you aren’t entitled to compensation. This is when a lawyer can help to turn the situation back to your favor.

You’re Not Sure Who Is Responsible for the Injury

If you are involved in an incident that includes multiple parties, you might not be sure where to turn to seek compensation. Insurance companies are just trying to protect their bottom line, so they could all go back and forth, trying to determine fault with the other parties. In these situations, settlements are often decreased or eliminated. Your lawyer can help you determine who is responsible for the injury so you can seek compensation from the right source.

Your Injuries Are Permanently Disabling

Injuries that are considered permanently disabling or long-term will require medical care in the future. Your lawyer can help you calculate the amount of money you’ll end up spending on medical care in the long run. It’s possible your injuries will have an impact on earning capacity as well, and your lawyer can help you determine how much to ask for to compensate for that as well.

Your Injuries Are Severe

As was previously mentioned, your compensation amount will depend on the severity of your injury. If your injuries are severe, but the other parties are trying to portray them as being less, you could use the help of a lawyer to prove how severe they actually are. Without the help of an attorney, you may not receive compensation for the actual amount of injuries you have.

Getting Started With All the Right Information

You can’t move ahead with your personal injury case until you have all the right information. Contact a personal injury lawyer, like a personal injury lawyer, today to get started. Thank you to the experts at Law Group of Iowa for their insight into personal injury law.