Insurance Law Attorneys Directory

Have You Been Falsely Charged With A DUI? What You Need To Know

Posted by on 6:44 pm in Uncategorized | Comments Off on Have You Been Falsely Charged With A DUI? What You Need To Know

Every year more than one-million people are arrested with a charge of driving under the influence. While this is a serious crime that should not go unpunished, the unfortunate reality is that not everyone arrested for this crime is guilty. Given the long reach and power of the justice system, it’s easy to feel helpless when accused of a crime you didn’t actually commit. If you have been falsely charged, you do have options. Inaccurate Testing Whether it’s a field sobriety test or breathalyzer test, an officer will generally validate their suspicion by administering one of these tests. Unfortunately, these tests aren’t always conclusive. This is especially the case with breathalyzer machines. If you happened to use mouthwash shortly before the test was administered, the machine was incorrectly calibrated or serviced, or you were taking certain medications, you may have received a false positive. How to fight an inaccurate test is dependent on the cause of the error. Take a case of medication prompting a false positive, for example. In this instance, you would need to provide information from your physician notating the type of medication you are taking, as well as how long you have been prescribed it to prove that it was in your system. In the case of an error with the machine, you have a legal right to request that the equipment be inspected to check for any malfunctions. Lack Of Probable Cause Legally, officers can’t simply pull drivers over for the heck of it. There must be probable cause, which is basically a reasonable suspicion. To put this into perspective, consider two drivers who have just driven off from a local bar. The first driver is swerving in and out of the lane, braking excessively and driving well below the speed limit. The second driver is driving normally and well within the limits of the law. With the first driver, based on their actions, an officer would have probable cause that they may be driving under the influence. However, with the second driver, this isn’t exactly the case. In this instance, just because someone has recently left a bar doesn’t mean they have been drinking. If an officer pulls you over for suspicion of DUI and arrests you without probable cause, this may be considered a false arrest. Your innocence doesn’t at all reduce your need for a qualified DUI attorney. In fact, it increases this need. Understand that you will need the assistance of an attorney to successfully defend your claim of...

read more

Personal Injury Victim? 3 Potential Ways To Pay Your Bills While Waiting For A Settlement

Posted by on 5:59 am in Uncategorized | Comments Off on Personal Injury Victim? 3 Potential Ways To Pay Your Bills While Waiting For A Settlement

If you are the victim of a personal injury, you might be working with a personal injury lawyer to get a settlement. Even though your lawyer might be happy to work on a contingency basis and get paid after the settlement is over, your other creditors might not be quite so patient. This can leave you wondering how you are going to pay your bills and get by until your case has been settled. Luckily, you do have options. These are three potential ways that you can get by and pay your bills while you are recovering from your injury. 1. Take Out a Personal Injury Lawsuit Loan Did you know that there are lenders out there that work specifically with people who are waiting on personal injury settlements? These lenders offer loans to help individuals like you to get by during this tough time. You may need to provide information about your pending settlement from your attorney, and you should know that you may have to pay interest and fees on the money that you borrow. But when times are tough and you need the money now, this can be a great option to look into. 2. Apply for Disability Disability isn’t always for people who are permanently injured. If you have a temporary injury and are unable to work for a temporary amount of time, short-term disability might be an option for you as well. Consider talking to a disability attorney about your options; it is often best to have an attorney assist you with the paperwork, since it can be quite complicated and confusing if you aren’t used to it. Your attorney and your healthcare team can also help you decide whether you should apply for short-term or long-term disability, depending on the extent of your injuries. 3. Work from Home There are some jobs that you may be able to do from home. A work-from-home job can be a good option if you are unable to get out into the workforce and want to work at your own pace, allowing you to rest when needed. Consider looking online for jobs that you can do from your home, such as handling customer service calls or posting on social media for businesses. Just make sure that you talk to your attorney about your income limitations, since making too much money from home could affect your disability payments or your claim. For more information, contact a professional in your area or visit a website...

read more

3 Things To Know About Listing Your Debts When Filing For Chapter 7 Bankruptcy

Posted by on 10:35 am in Uncategorized | Comments Off on 3 Things To Know About Listing Your Debts When Filing For Chapter 7 Bankruptcy

Making the decision to file for Chapter 7 bankruptcy is a huge event in life, and you should find out as much as you can about it before filing your documents. One thing you may want to talk over with your bankruptcy lawyer involves the debts you must include on your bankruptcy. When filing for Chapter 7, you will be required to list every single debt you have. Here are a few things to understand about this issue of bankruptcy. Non-dischargeable debts must be listed While there are only certain debts that can be discharged through Chapter 7, you must legally list every single debt you owe. This includes non-dischargeable debts such as the following: Child support or alimony Court-ordered debts Tax debts Student loan payments These four debts cannot typically be discharged; however, the bankruptcy court will want to know that you have them. Debts you want to repay must be listed There are also debts you may have that could technically be discharged, even if you do not want them to be. Debts like these must also be listed. An example of this is a loan you have with a relative. If you owe your relative $1,000, you could get this debt discharged through bankruptcy. In fact, the court will automatically discharge it during the bankruptcy proceedings. You cannot lie about the debts you have, which means you must include every debt; however, this does not stop you from repaying the debts. If you decide that you want to repay a debt that was discharged, you have the right to do so. You should wait to do this until your bankruptcy is over, though, just so the court doesn’t question the transaction. You must list all credit cards Another question many people have is whether they can skip listing a certain credit card on the documents so they can keep this card. This unfortunately is not an option. Again, you must list all your debts, and you will not be able to keep any of the credit cards you have. You will have the right to apply for new credit cards after your bankruptcy, but you may need to wait a while until your credit score improves enough to qualify for one. Chapter 7 bankruptcy is a great tool to use if you have a lot of debt, but it is important to follow all the rules when using this. To learn more, contact a bankruptcy lawyer or law firm like Collins Toner &...

read more

Three Things You Should Know About Virtual Visitation

Posted by on 8:57 am in Uncategorized | Comments Off on Three Things You Should Know About Virtual Visitation

In most states, child visitation is no longer restricted to physical visits to interact with the child. Virtual visitation allows you to communicate and interact with your child even when apart. Here are three important things you should know about virtual visitation: Many Have Been Doing It without Knowing When people hear of virtual visitation, they have in mind video conferences (think Skype), but it isn’t always that sophisticated. Legally speaking, any mode of communication or interaction that takes place in an electronic medium, qualifies for this designation. This means that text messaging, telephone calls, emails, and instant messages all qualify as virtual visitation. Many parents have been using these methods to communicate with their children, which mean they have been engaging in virtual visitation. Does Not Substitute Physical Visitation In most cases, virtual visitation is ordered to supplement physical visitation, and not to replace it. Therefore, you may request virtual visitation if you already have physical visitation bus suspect that it is not adequate, or the circumstances don’t allow for frequent physical visitation. This may be the case, for example, you are living in different states or countries. It is a good way of increasing contact with a child who needs it, for example, a difficult child who needs more parental contact to reform. Note that many custodial parents will allow some forms of virtual visitation, such as texts or phone calls, even in the absence of virtual visitation orders. However, the court will only enforce electronic interactions with your child if you have a legally binding order. It Requires Careful Drafting While virtual visitation may look like a very easy thing to set up, some challenges may crop up during the implementation stage. Therefore, careful drafting is necessary to cover things like: Who will pay for the equipment and service – This may not be an issue if all you need is regular phone calls with your child. However, it is a big deal if you lean more towards video conferencing for more interactive communication. When the virtual visitation is to take place. Privacy issues – Text messages and email communications may remain on the devices after the virtual visitation is over. The visitation draft should contain language making communication between you and your child private. Are you interested in virtual visitation? Talk to your divorce attorney to see if you can get it included in your custody order to improve contact with your...

read more

How A DWI Could Be Considered A Felony

Posted by on 11:49 am in Uncategorized | Comments Off on How A DWI Could Be Considered A Felony

While many states will classify DWIs as misdemeanor offenses, which place the crime between a felony and an infraction, there are ways that DWIs could be bumped up to felony charges. Be aware of these 4 things that could cause it to happen to you. Your Driver’s License Is Not Valid When you combine a DWI with not holding a valid license, the DWI can become a harsher felony charge. This can happen because your license has been suspended, restricted, or revoked. If you’re already not respecting the law by not following the restrictions that have been placed on your driving, an additional infraction of a DWI will cause your behavior to be taken much more seriously than normal. Harsher punishments are used to deter this sort of behavior in the future. You Are Driving With A Child In Your Car When crimes involve children that have no say in the situation, the consequences can become much more harsh. This is true in many cases, such as if an adult abuses a child as opposed to an adult. Children don’t have awareness for the mental condition that the person driving is in, and often don’t have an option when it comes to getting in a car with an adult. When you knowingly put the life of a child in danger, expect to pay for it. You Caused An Accident That Resulted In An Injury It’s possible that the DWI arrest was not because a police officer pulled you over, but because you got into an accident of some type. When you only destroyed property the DWI could remain a misdemeanor. When someone was injured from the accident, either a person in another car or a bystander, expect to see the DWI become a felony. The exception to this would only be if you’re not responsible for directly causing the injury to happen. For example, if you were rear ended by another driver and they happened to get whiplash because of it, that driver is responsible for causing their own injury. It’s possible that your DWI will remain a misdemeanor. You Have Multiple DWI Convictions A history with DWIs can change any new DWIs from a misdemeanor into a felony. Every state will have their own laws that define how many it takes for this to happen. For instance, Minnesota limits 5 DWIs during a 10 year time period. When you are concerned that a DWI could be considered a felony, it’s important that you hire a local lawyer that has experience with these types of cases, such as The Law Offices of Nathan A....

read more

Why You Want A Lawyer To Help Draft Your Last Will And Testiment

Posted by on 6:19 am in Uncategorized | Comments Off on Why You Want A Lawyer To Help Draft Your Last Will And Testiment

If you are finally ready to get your final wishes legally documented, then you will want to consider hiring a lawyer to help you. To learn why a lawyer is important when it comes to establishing a last will and testament, you will want to continue reading. Helps You With The Proper Naming Of Guardians For Your Minor Children Should you happen to suddenly pass away while your children are still minors, you will need to name the people who will be responsible for them. If the children have a surviving parent, the custody of the children usually goes to him or her. However, if that is not possible because the parent is physically or mentally capable of raising the children, you will need to have a backup guardian named for the children. If you want, you can take it a step further and name yet another person to serve as guardian over the children should the previously mentioned people be incapable or unwilling to do so. Helps With The Description Of How Your Personal Belongings Should Be Distributed Whether your personal belongings are worth a lot of money or nothing more than some sentimental value for close friends and family, you want to make sure that you have everything documented when it comes to who gets what. It is vital that you are being very descriptive and accurately describing everything that should be given away. This will ensure that you will not have a bunch of family and friends fighting with each other over who they believe should get what. It will be clearly spelled out in your last will and testament and what you have decided is what they have to accept. Help Your Determine Who Would Be The Best Executor Of Your Estate The executor of your estate is a very important person because he or she will be in charge of making sure that everything is properly dispersed and well taken care of while your estate goes through the legal process of probate. Because of this, you need to make sure that you are selecting the best person for the job and if you are having trouble deciding between a couple of people, your lawyer may be able to help you decide. He or she will ask you to consider who is the most responsible and who is able to stand their ground, even if there are relatives trying to get something that they may not be entitled to just yet. Also, you will want to pick a secondary executor of your estate in case the first person named is unable or unwilling to do it. With all of those things in mind, it should be easy to see why it is so important to make sure that you are hiring a skilled lawyer to help prepare your last will and testament. To learn more, contact a company like McFarland & Masters...

read more

Ask These Questions When You Need To Hire A Social Security Lawyer

Posted by on 10:26 am in Uncategorized | Comments Off on Ask These Questions When You Need To Hire A Social Security Lawyer

When you’re getting ready to file a Social Security disability claim, you have the option of handling the paperwork and fighting for your rights on your own or hiring a legal representative to help you through the process. Unless you’re either experienced or extremely confident with the former scenario, it’s ideal to take steps to find a Social Security lawyer who can ease the burden for you. If you’re already going through a challenging time as a result of the disability issue, it can be a huge weight off your shoulders to hire someone who can guide you through this process. Here are some important questions to ask when you’re talking to prospective candidates.   Are You Willing To Fill Out The Paperwork On My Behalf? There are generally two important elements of filing a Social Security disability claim — making sure that you have all the paperwork correct and then dealing with the situation if your claim is denied. While your Social Security lawyer will be a valuable ally during the latter component, it’s ideal to hire someone who will also take a hands-on approach to the paperwork process. Some Social Security lawyers ask you to fill out your own documents but will help you if your claim is denied, while others will also spend time with you to make sure that your paperwork gives you the best chance of success — in many cases, this attorney is the one you want in your corner. If My Claim Is Denied, What Are The Chances Of A Successful Appeal? Any experienced Social Security lawyer has dealt with a multitude of claims, including some that likely share some similarities to your situation. This experience should ideally mean that the lawyer can provide you with an informed opinion of how your appeal process might go, including where your case is strong and where it isn’t. The lawyer might even be able to tell you how long you’ll need to wait for the appeal to be decided and what the financial value of the decision could be worth. How Easily Can I Reach You? It’s comforting to know that you can easily get your Social Security lawyer on the phone — or have him or her call you back promptly. Talk to the attorney (click to find out more here) about how he or she handles communicating with clients. While many lawyers use administrative staff to handle this work, others will happily speak to you directly, which can be ideal if you have an urgent question or concern that needs...

read more

Could Your Mental Health Be An Issue In A Discrimination Case?

Posted by on 1:36 pm in Uncategorized | Comments Off on Could Your Mental Health Be An Issue In A Discrimination Case?

If you’re considering filing an employment discrimination lawsuit, with the help of a law office like Law Office of Faye Riva Cohen, P.C., there are two different ways that your mental state may come into play. Because of this, you want to have a very open and honest discussion with your attorney about any mental problems you’ve suffered, both past and present, as well as any therapy you’ve received. Before you proceed with a discrimination lawsuit, this is what you should know. Your Mental Health May Become An Issue  Under the right circumstances (like being unfairly discriminated against by your employer), almost anyone can expect to feel some emotional distress. However, where many people might feel distressed, others feel distraught or severely damaged in a psychological way. The severity of your distress can put your claim “in controversy.”  Another way in which your mental state may be placed “in controversy” is by the nature of the discrimination allegations that you’ve made. For example, if you allege that your employer fired you when he or she found out that you were having panic attacks, then you would be required to prove to the court that you do, in fact, suffer from a medical condition that is protected under the Americans With Disabilities Act (ADA). Your mental state is “in controversy” because you have to prove that you were diagnosed with a mental condition covered under the ADA in order to establish that your employer discriminated against you. You can be forced to submit to a mental examination. Once your mental state is “in controversy” due to the nature of your claim, the defense can request a Rule 35 examination. This is a court-ordered examination by a licensed psychologist or psychiatrist, chosen by the defense. It’s important to keep in mind that a Rule 35 mental exam is not designed to help you–it’s designed to see if you’re exaggerating your claims of emotional distress as a result of the discrimination that you suffered.  That means that you need to discuss any examination with your attorney ahead of time so that you can prepare for various tactics used to hunt out the “truth” (that the defense is hoping to hear). For example, an innocuous sounding, “How are you feeling?” could be the basis for the examiner’s declaration that you “felt fine,” (and weren’t particularly showing emotional distress). Your private psychological records may be exposed as well. Depending on the nature of your claim, your private psychological records can also be pulled into evidence. You cannot rely on the protection of doctor-patient confidentiality to keep mental health treatment records out of court if you are pressing a discrimination claim that is either based on an ADA violation over your mental condition or alleges extreme mental distress as a result of some form of discrimination.  This can be disturbing to a lot of people and cause them to reconsider their claims–which may be partially what the defense hopes to achieve. Keep in mind, however, that the questions the defense will be allowed to ask can’t go beyond the scope of the trial. If something in your mental health records doesn’t have anything to do with the case, it isn’t likely to be put into evidence. It’s also possible to ask the court to seal the...

read more

How Do You Negotiate Personal Injury Settlements?

Posted by on 8:33 am in Uncategorized | Comments Off on How Do You Negotiate Personal Injury Settlements?

If you were recently in a vehicle accident and are trying to get a settlement for your injuries, you may need to negotiate with your insurance company. This is done if your initial request for a settlement is denied or the company tries to offer less than you think you deserve. Here are some tips for negotiating the settlement. Calculate the Damages The first step of a personal injury case in terms of settlements should be to calculate the damages and decide what type of damages you are requesting the settlement for. To begin with, this often includes medical costs, such as the cost of riding in the ambulance, co-pays and deductibles, hospital charges, and prescription charges. Also include any money spent with a physical therapist, chiropractor, or mental health therapist. Keep in mind that special damages can also be included, such as missing work and putting your job in jeopardy, or dealing with post-traumatic stress disorder as a result of the incident. Ask For More Than What You Calculated Part of negotiating a personal injury settlement is accepting a lower offer than what you first request. This is all part of the negotiation process. For this reason, take the amount you calculated and consider what you can reasonably get. Ask your lawyer if you aren’t sure about the exact amount. Now ask for a little more than that amount if you don’t like your first settlement offer from the insurance company. You are assuming you will go back and forth a few times, so if they go lower than what you request, it may, at least, be a little closer to the amount you hope to get from the incident. Do Not Accept the First Offer Even if you believe the first offer is pretty good, avoid accepting it right off the bat unless it exceeds what you expected to get in the first place. The insurance company often gives a lowball offer to start with and see if you will accept it. This doesn’t mean it is the most they are willing to give you. You should give back a counter-offer at least once and see what the returning offer is. If they still refuse to go any higher, then it might be a good idea to accept their next offer. Get a Good Attorney The attorney (clicking here will give you more information) you choose in your personal injury case can make all the difference. They know how to file a claim in order to get you the most from your settlement, and they are crucial in the negotiations process. Do not attempt to negotiate a settlement without proper legal...

read more

What You Are In For As A Lead Class Action Plaintiff

Posted by on 9:44 am in Uncategorized | Comments Off on What You Are In For As A Lead Class Action Plaintiff

Since a class action involves many plaintiffs, one plaintiff (called the lead plaintiff) usually represents the interests of the other members of the class and act on their behalf. If you happen to be the lead personal injury attorney, you need to know what the position requires of you before the lawsuit process commences. Here are three essential tasks you will be expected to accomplish: Hiring the Attorney Your first task as the lead plaintiff is to instigate the lawsuit by hiring an attorney. You need to get the right attorney just as you would when pursuing an individual personal injury case. This means choosing a lawyer with appropriate credentials, experience, reputation, focus, and objectivity. You may have to consult several lawyers before settling on one. This may not be difficult if you are the only lead plaintiff. However, it may be a bit complicated if the lead plaintiff is actually a small group of people, which sometimes happens if the class size is big (think thousands of plaintiffs). Getting several people to agree on the law firm to hire might require some work. Consulting With the Attorney As the lead plaintiff, you represent the members of the class since it’s usually not practical to gather all of them every time the attorney needs to consult with the people he or she represents. As such, it is your duty to consult with the class action lawyer, just as you would consult with your attorney in an individual lawsuit. Some of your consultative tasks include producing the necessary documents, making sworn testimonies, attending hearings, and being involved in court processes. As you can imagine, this is likely to take up a lot of your time. Agreeing to the Settlement Lastly, it’s also your duty to evaluate the settlement and accept or decline it. This is a difficult task because you are sealing the fate of many people. Members of a class action are usually prohibited from pursuing individual claims or lodging appeals if they are dissatisfied with the courts’ decisions. Therefore, you must look at the interests of the class at large, and not just your interest. For example, it’s your duty to reject a settlement that the majority of the class members feel is inadequate, even if you would be satisfied with your share. As you can see, it’s not easy to be a lead member of a class action. That’s why you need to choose a lawyer with a personality you can work with; after all, you will be dealing with him or her most of the time on behalf of the other members of the class. It would be best to decline the responsibility if you can’t perform it to the satisfaction of the class members....

read more