Insurance Law Attorneys Directory

Having Trouble Working Due To Diabetes? You May Be Able To Receive Disability

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While controlled diabetes should not keep you from working, participating in sports, or participating in any of your normal daily activities, it is a protected disability. However, if you are in need of collecting Social Security disability benefits based on diabetes, you will probably need the assistance of an experienced disability attorney to have your claim awarded. Diabetes alone is no longer an automatic reason to receive the benefits. The lawyer will contact your physician, and possibly an endocrinologist, to ask for documentation to be used in presenting your case. Here are a few of the ways diabetics may qualify for SSDI. Peripheral Neuropathy Many diabetics suffer with some type of neuropathy in their feet or hands. If your physician shows that you have limited ability to stand, walk, type, or write due to the loss of feeling or pain, you may qualify for disability benefits. Diabetic Retinopathy Uncontrolled diabetes may result in the damage of the blood vessels in your eyes. This may cause blurred vision or poor peripheral vision. When this creates problems working in any capacity, you may qualify for benefits. You will need to have an ophthalmologist fill out paperwork detailing the extent and severity of your vision problems. You must be considered legally blind to qualify. Medical-Vocational If you cannot qualify because you do not have any complication, you may still receive benefits based on your physical limitations. Your attorney will ask your physician to fill out a “Residual Functional Capacity Assessment.” This form will detail how much exertion you can exert safely. It will also explain to what extent you have problems moving, sitting, writing, or doing the tasks required in your job. Your lawyer will then document what type or how much work you are capable of doing without being in pain or putting your health at risk. You may not receive full benefits, and you may need to continue to work part time to meet your living expenses. An attorney can help you to understand how much money you will receive based on your limitations or restrictions and how much money you can make each month before losing your benefits. Claiming disability for diabetes is a tough process that can take a long time before you start receiving anything. If you are denied, your attorney may suggest that you file again. Do not be discouraged, and follow the advice your legal representative gives you. It is not uncommon to have to file more than once, and an experienced disability attorney, such as Bruce K Billman, will know how to best proceed each step of the...

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Defending The Transfer Of Property Or Cash From A Bankruptcy Debtor

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When a person files bankruptcy, most of their property and cash is placed into an estate that’s used to pay creditors. People who received assets from debtors in up to four years prior to filing for bankruptcy may receive demands from trustees to turn over those assets. Here’s how this can happen and what you can do to defend yourself. Fraudulent Transfers As noted previously, all non-exempt assets a debtor owns are used to pay the person’s creditors. Knowing this, some debtors will transfer assets to other people to prevent them from being seized by the bankruptcy trustee. Once the bankruptcy proceeding ends, the receivers transfer ownership of the assets back to the debtors. This is a fraudulent transaction, one that can get all parties involved into legal trouble. However, not all fraudulent transfers are intentional. Sometimes debtors sell or give away assets for a variety of non-fraudulent reasons, including satisfying debts. If the transfer contains certain characteristics, though, it may be flagged as fraudulent by the bankruptcy trustee. In either case, trustees will move to void the transfers and require receivers to hand over the assets. This can pose a burden on the receiver, depending on the circumstances. For instance, if the person was given cash, he or she may not have the money any more. This may lead to other consequences, such as court judgments and even jail time. For Value and In Good Faith Luckily, the bankruptcy code provides an affirmative defense receivers can use to avoid being held liable for the actions of debtors. If you can show you obtained the asset for value and in good faith, then you may not be required to return it to the trustee and may avoid the associated consequences if you don’t have the asset any longer. Of these two elements, “for value” is probably the easiest to prove. This simply means you received the asset for or close to its estimated value. For instance, the trustee may not think anything about someone purchasing a $5,000 vehicle for $4,500, but may raise his or her eyebrows at someone buying the same vehicle for $500 because it may indicate the debtor was trying to hide a fraudulent transfer by making it look legitimate. To prove you received the asset at fair value, you’ll need to provide information about the asset’s worth and a receipt for the amount you paid. Showing good faith can be a little more challenging, because the court doesn’t provide a framework for determining what is considered good faith. The basic gist of this element is you must show you didn’t know or couldn’t have known the debtor was engaging in fraud when he or she was transferring the asset to you. The court typically bases its assessment on whether there were red flags evident in the transaction that would’ve indicated an issue. For instance, if the debtor states he or she will be filing bankruptcy in the near future while selling the asset, the court may point to that as a red flag. If you receive a notice from the bankruptcy court about an asset you received, it’s best to contact an attorney for assistance with determining the best way to respond. Click here to check it...

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Three Little-Known Things Not To Do After A Car Accident

Posted by on 9:04 am in Uncategorized | Comments Off on Three Little-Known Things Not To Do After A Car Accident

If you have been involved in a car accident, you likely know that you need to get the other driver’s information, take pictures of the damage, and file a police report. You may also know some of the little things that you shouldn’t do, such as apologize, especially if the accident was not your fault or if it was only partially your fault, since this can be held against you when you file a claim. However, not many people know these three little-known things you also should not do after being involved in a car accident: Let the Driver Take a Picture of Your Driver’s License:  Yes, taking pictures instead of writing things down is much more convenient nowadays since everyone has camera phones. However, the problem with letting someone take a picture of your driver’s license is that it can subject you to identity theft. You don’t know what the other driver is capable of, so it’s best to insist that they write down your information, not take a picture of it. This is especially true since it’s been found that people will purposely get into accidents in order to steal someone’s identity and file a claim against them. The most common way people do this would be to slam down on their brakes, forcing the driver behind them to rear-end them. So keep your distance and never allow pictures of your driver’s license.  Sharing Too Much Information: Aside from not allowing the other driver to take pictures of your driver’s license, you also shouldn’t let them con you into giving out too much information. This would include your social security number, driver’s license number, and home address. The only information they need is your name; vehicle’s make, model, and VIN number; license plate number; and your insurance policy number. The only time a physical home address and personal phone number is needed is if you or the other driver does not have any insurance. Not Seeking Medical Attention: Right after being involved in a car accident, especially if the accident was not your fault, you need to seek medical attention. This will ensure that if injuries arise later on, you can be compensated for it, whereas if you didn’t seek medical attention that same day, it will be more challenging to prove that the injuries were a result of the accident.  When you know these three little-known things not to do after a car accident, you can be sure that you take action and protect yourself in this situation. For more information about protecting yourself in the aftermath of a car accident, contact an auto accident...

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Three Reasons Your Accident With A Truck Needs A Lawyer With Experience

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If you have been in an accident with a commercial truck, especially a semi-truck, then you need to seek out an attorney with experience and knowledge with these types of cases. There are significant differences between an accident involving only cars and one the involves both trucks and cars. The following are three differences and how having the right attorney can you. Laws regarding maintenance Commercial trucks have laws regarding the upkeep of the truck. It is possible that the accident was caused by some form of maintenance neglect. It can even be something as rudimentary as the tires on a truck not being taken care of. Although it is possible for a bad tire to cause an accident with a car, unlike cars, commercial trucks must change their tires periodically. There will be records of when this last took place. Of course, there are many laws regarding truck maintenance, but a truck accident attorney will know what the laws are and know what specific aspect of maintenance may need to be examined with your particular accident. Laws regarding operation of a truck There are federal and state laws that regulate how many hours a driver may operate a truck without taking a certain amount of time to recuperate. There are log books that must be maintained for this reason. Sometimes this information may be noted in a police report, but this is not always the case. A truck accident attorney will know when the circumstances of an accident indicate that fatigue may have been to blame. Who is liable for damages There are many independent truck drivers on the road, but there are many trucking companies too. There are also companies who have a fleet of trucks to transport their products from distribution centers to retail stores. In either situation, there may be liability on the part of the company and not simply the driver. Knowing when the driver or a company is responsible for damages is fundamental to getting the compensation you are entitled to. In addition, truck accidents often involve more than one car. It is possible that another car, along with the truck, is liable for your damages. An attorney with experience in accidents involving a truck will know how to sort this out. If you have been in an accident with a truck, you should speak to an attorney about the accident and any injuries you have sustained before agreeing to an insurance settlement. Most importantly, you should seek out a personal injury attorney who has had extensive experience litigating accidents involving commercial trucks. For more information, contact local professionals like Brownfield law...

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Two Ways Walking While Distracted Can Hurt Your Slip And Fall Case

Posted by on 4:52 am in Uncategorized | Comments Off on Two Ways Walking While Distracted Can Hurt Your Slip And Fall Case

Cell phones have come a long way since their production in the seventies. Today, they could be classified as handheld computers rather than simple phones. Although they provide a lot of convenience, these devices can also cause a lot of trouble. If you slipped and fell while using your cell phone, here are two ways this fact can be used to hurt your chances of collecting compensation for your injuries. Failure to Avoid Injury Many times when people slip and fall, it’s because of the negligence of others. Someone spills soda on the floor of a grocery store but the employees fail to clean it up in time, leading to a third person slipping and falling in the mess, for instance. At the same time, people have a duty to prevent their own injuries. If you slip and fall because you were too distracted to take notice of your surroundings, the defendant may be able to successfully argue you missed the signs of danger. Going back to the previous example, if the soda spill was in the middle of the lane and presented a clear and obvious hazard that you didn’t pay attention to because you were playing video games on your phone, you may be denied compensation because you didn’t take precautions to avoid being injured. Contributory or Comparative Negligence In some cases, the defendant’s negligence may have led to the injury. However, the court may find you are partially liable for the incident due to your distracted walking. If this occurs, the amount of money you are awarded may be reduced by the percentage of liability assigned to you or you may be prevented from collecting any compensation at all. This will depend on where you live. Judges in states that have comparative negligence laws will reduce your court award by the percentage of liability put on you for the incident. For instance, if the court finds you were 20 percent liable for the accident, you would only receive 80 percent of the amount you’re asking for. At the other end of the spectrum, if you live in a state that has contributory negligence laws, you will be barred from collecting any compensation at all if you are found to be a certain percent liable. In Connecticut, for example, you won’t collect any money if you are 50 percent or more liable for your injuries. Cells phones can be a lot of fun, but it’s best to put them away until you are in a safe place to use them. For more information about these issues or help with winning a slip and fall case, contact a personal injury attorney like those from Hardee and Hardee...

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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...

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

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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...

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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 &...

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Three Things You Should Know About Virtual Visitation

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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...

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How A DWI Could Be Considered A Felony

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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....

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