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Three Personal Injury Situations That Call For An Attorney

Posted by on Jan 26, 2016 in Uncategorized | Comments Off on Three Personal Injury Situations That Call For An Attorney

If you have been injured because of the negligence of another party, you can sometimes rely on your injury being covered by the at-fault party’s insurance. While there is always the possibility of being offered a fair settlement, there are certain types of personal injuries that are more complicated and difficult to prove. For an overview of 3 of these personal injury situations that call out for an attorney, read on. 1. Permanent and Catastrophic Injuries Serious and life-altering accidents can result in injuries that can continue to affect you for a lifetime. Some of these debilitating injuries include amputations, brain injuries, paralyzing spine injuries, and more. The sheer magnitude of pain and suffering, such as a life time of medical care and lost wages, can ratchet your claim to an astronomical level for these types of injuries. You should not rely on the insurance company to offer you a fair and comprehensive settlement that will provide you with a lifetime of benefits. 2. Toxic Exposure Injuries Often these injuries are the result of long-term exposure over the course of many months or even years. For example, asbestos exposure and the related lung conditions may not begin to become apparent until years after the initial exposure. In many cases concerning toxic exposure, the cases are complicated and highly technical, requiring expert testimony and a seasoned legal team to fight what is often a well-funded defense by large corporations that manufactured the substance. 3. Medical Malpractice Injuries Just like toxic substance injuries, when you file a medical malpractice suit against a doctor or medical institution, you are going against a law firm that specializes in fighting those claims for the malpractice insurance company. Procuring the key evidence, your medical records, is vital to your case and must be accomplished in a timely manner. The skills required for fighting a medical malpractice case are a personal injury specialization in some states. These three situations are very specific and relatively rare, but if you are a victim of any type of negligence that you perceive as being more complicated and difficult to prove, you may need the services of a personal injury attorney. Certain types of injuries require a lifetime of medical care and destroy your ability to earn a living, so getting fair compensation is vital. The calculations for pain and suffering and the degree that your injury has affected both you and your family dictate a legal professional to advocate for you.  Contact a law firm, such as Burgess & Perigard, for more information on how to...

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Two Tips To Help You Get An Attorney When You’re Low On Cash

Posted by on Jan 9, 2016 in Uncategorized | Comments Off on Two Tips To Help You Get An Attorney When You’re Low On Cash

If you’re currently facing criminal charges, one of the most critical things you can do is obtain a criminal defense attorney.  However, if you’re low on funds, you may think that getting a good lawyer is out of your financial reach.  Don’t let your budget limitations keep you from getting the quality representation that you deserve.  Use this information to learn more about how you can hire an attorney when you’re low on funds. Contact A Local Legal Aid Society When you need criminal defense on a budget, the first thing you should do is contact your local legal aid society.  These organizations are comprised of lawyers who may be willing to take on your case without charging a fee. The reason why the attorneys who work with legal aid societies can administer their services for free is because they are funded with grants and government monies.  If you apply for help with one of these associations and are chosen, you’ll find that you can get the legal help you need without having money come out of your pocket. Keep in mind that some legal aid societies work on an income-level basis. This means that if your income exceeds a certain threshold, you may have to pay a portion of the legal fees yourself.  Even if this is the case, you may find the partial fee that you’re charged is more in line with your budget restrictions. Seek Out A Pro Bono Attorney Another good method you can use to get legal assistance on a budget is to seek out pro bono attorneys.  These are legal professionals who extend their help to the public for free. Some lawyers who work on a pro bono basis do not widely publicize this free help. That’s why you must do the footwork and call around to different law firms to find out if pro bono services are available.  Some lawyers who are usually paid by their clients choose to take on a few pro bono cases every month or year.  If you’re willing to be diligent in your search, you may be able to find one of these attorneys so you can have legal representation before you face your criminal court case. Getting the legal help that you need doesn’t have to depend on your income.  When you need a lawyer, use these tips so you can get legal representation even if you’re short on...

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Why Your Child May Be Tried As An Adult Criminal

Posted by on Dec 21, 2015 in Uncategorized | Comments Off on Why Your Child May Be Tried As An Adult Criminal

As a rule, minor criminal offenders are tried in juvenile criminal courts, but there are exceptions to this rule. If your child is facing a criminal offense, you should be prepared for the possibility of him or her being tried as an adult. Here are some of the laws that may make this possible: Judicial Waiver In some states, criminal court judges have the power to refer juvenile offenses to adult criminal courts. This is called a judicial waiver. Judges who invoke this power do it to deny the offenders the protections of juvenile courts, such as the automatic sealing of criminal records. If your child is being tried in a jurisdiction that allows judicial waiver, then the judge is likely to send him or her to an adult court if his or her offense is particularly egregious. For example, a child accused of attempted murder is more likely to be sent to an adult court than another one charged with shoplifting. Discretionary Direct File Just like judges, prosecutors also have the discretion to try juvenile offenders as adults. This is called discretionary direct file, and a prosecutor can invoke it if he or she feels it is in the public’s interest to have your child tried as an adult. Discretionary direct file applies to children above certain ages, for example, the state of Florida uses it on children of at least 14 years. There are also specific offenses that attract the discretionary direct file action. Statutory Exclusion Other states exclude specific cases from juvenile courts in a system known as statutory exclusion. Therefore, your child will be automatically tried in an adult criminal case if his or her case meets the specified criteria. How do states decide which cases to exclude from juvenile courts? The common factors used include the age of the offender, nature of the crime and prior criminal records. Once an Adult, Always an Adult Lastly, there are also states that hold that a juvenile who has been tried as an adult should be tried as an adult for all subsequent criminal cases. There are 31 states who uphold this principle of “once an adult, always an adult.” If you live in any of these states, your child will be tried as an adult if he or she has a prior criminal case in which he or she was tried as an adult. Is your child facing a criminal case? Consult a criminal lawyer at Dimeo Law Offices to walk you through the pros and cons of trying a minor in an adult court. With the lawyer’s help, you may also succeed in getting the child tried as a juvenile, if that is what you decide to...

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What You Need To Know About Wrongful Foreclosure

Posted by on Dec 4, 2015 in Uncategorized | Comments Off on What You Need To Know About Wrongful Foreclosure

In the year 2014, there were more than one-million foreclosure filings made. While many of these foreclosures represented buyers who failed to meet the terms of their mortgage agreement, the harsh reality is that some of these filings were made against innocent people in a process known as wrongful foreclosure. Wrongful Foreclosure At its core, a wrongful foreclosure is a situation where a lender completes a foreclosure filing against a borrower based on misinformation or predatory lending practices. In some cases, it might appear that the foreclosure is legal on the surface, but when the case is investigated further, it’s revealed that it’s not. There are a number of scenarios that fall in this category. Misapplied Payments In this technologically-advanced era, errors are still possible. Something as small as a computer glitch can prevent payments from being correctly credited to a borrower’s account, which can lead to a wrongful foreclosure. If misapplied payments are caught early, the situation can typically be resolved. However, there are cases where this goes on for an extended period of time and places the homeowner at an extreme risk for losing their home. Inaccurate Information A wrongful foreclosure can occur when lenders give borrowers inaccurate information or instruction. In a study that focused on borrowers looking to be accepted in a loan modification program, out of 373 participants, 175 people stated that they were incorrectly advised by a lender representative to miss mortgage payments in order to strengthen their chances of being accepted in this program. In this type of scenario, instead of helping them with the loan modification after the missed payment, the lender could turn to foreclosure. Get The Law On Your Side If you have been met with this type of situation, organizing all your information and documentation from the lender should be your first priority. You can then take this information to an attorney. If you are in the process of the foreclosure, an attorney can help you present this information to have the process stopped. In the event you have already been foreclosed upon, this still doesn’t represent the end of your journey. In this case, an attorney can assist you with recouping any damages caused by the process including financial loss based on the value of the home, your legal fees and any emotional distress endured. When it comes to foreclosure, the process isn’t always black and white. While it is the responsibility of the borrower to meet the terms of the lender, it is also the responsibility of the lender to properly handle mortgage payments and give accurate information to their customers. For more information, contact Metropolitan Lawyer Referral Service Inc or a similar...

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How To Help Your Young Family Member Seek Out Emancipation After Parent/Child Domestic Violence

Posted by on Nov 17, 2015 in Uncategorized | Comments Off on How To Help Your Young Family Member Seek Out Emancipation After Parent/Child Domestic Violence

Teens experiencing abuse from parents is a serious situation that should be rectified immediately. If you have a teenager in your family who is going through an abusive situation, you should report any violent incidents to the proper authorities immediately. If your family member decides that they would prefer to go through the emancipation process rather than being permanently placed with another family or in foster care, here are some steps to help them take to work out their permanent plan. Go over the court necessities for emancipation The emancipation of a minor is a serious court decision. In order to be legally separated from the guardianship of their parents, a teenager must prove that they have just cause and will be able to care for themselves. Family domestic violence will be taken into account as the reason a teenager should be legally separated from their guardian, however some judges will see emancipation as a drastic measure. Be sure to document the reasons that the teenager is seeking emancipation specifically and why it was decided as the best plan. Find a domestic violence lawyer for the case A domestic violence lawyer, such as at http://www.jdlarsonlaw.com, is the attorney that you should seek when going to court for emancipation due to violence. Domestic violence lawyers understand the logistics of dealing with violence in homes and often represent clients who have been through or have been accused of domestic violence. These lawyers know just what proof and persuasion the judge will be looking for on behalf of a child who has been abused. Once you find a good domestic violence attorney, they can help see the teenager through the duration of their emancipation court case. Get future plans together One of the major pitfalls that teens will experience when seeking emancipation is convincing a judge that they have life plans outside of their family. For older teens who are looking to get emancipated, they should have a solid after college plan. If possible, they should apply for colleges or trade school programs prior to seeking emancipation. Emancipated minors will also need to have their own income and place to stay, without the support of their parents. A job with steady income, a proper budget, and a secure place to stay will be necessary for emancipation to be approved. If possible, take in your emancipated teenage family member so that they do not have to worry about finding secure housing for the duration of the court case. Help recreate family ties with siblings and family Although a child may wish to be separated from the legal authority of their parents, family ties will be even more important to them. Help the teenager come up with a plan to spend time with their siblings who may be with the parents or placed in other homes. If extended family is still in the picture, make sure that everyone gets together on a regular schedule and for special occasions. Contact with a support network will increase a teens changes of thriving after legal emancipation due to domestic...

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How To Financially Plan For A Disabled Child’s Care In The Long Term

Posted by on Oct 30, 2015 in Uncategorized | Comments Off on How To Financially Plan For A Disabled Child’s Care In The Long Term

If you’re concerned about the long-term well-being of children who have developmental disabilities that make it difficult for them to support themselves, then it’s important to take some steps to handle this issue. Here are a few ways you can do this. Setting Up a Quasi-Revocable Living Trust If you’re also worried about your own long-term mental state, a good approach is to set up a quasi-revocable living trust to care for the child in the long term. There are ways to do this even if you’re of limited means, often through long-term payment plans. You want to be able to retain some control if details change later on in your life, however. What If the Person Becomes Fully Incapable of Decisions? Another potential concern in this situation is if a mentally ill child is severely ill enough to either now, or at some point in the future, be unable to give consent or offer authority on any decision. It’s currently illegal to put someone in a mental health facility against their will unless you can absolutely prove that they are a danger to themselves or to other people. And even if you are able to lawfully get them care, many areas still make it legal for the mentally ill to refuse any treatments except in very specific situations. This means that most doctors will refuse to follow the will or the instructions of an executor over the stated wishes of a mentally ill child until a judge says otherwise. Some states have an extra option for this case called Psychiatric Advance Directives that help with this problem. These directives allow a second part legally act on behalf of a child if they become ill and unable to decide anything for themselves. The directive usually needs to be written by the child themselves, or otherwise created through an estate lawyer. This way, you can be sure that the money you set aside will be used for the child if they become more fully unable to handle decisions after you’re gone.   Find an Estate Lawyer Early You really don’t want to drag your feet on locating an estate lawyer, such as Price & Associates, if you know that the child in question is both likely to live into adulthood and also likely incapable of providing for themselves. A lawyer can help guide you through the process to make sure everything is set up properly. This doesn’t necessarily need to be someone who specializes in the mentally ill since this is all covered under estate law...

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It’s All Your Fault: Understanding A Fault-Based Divorce

Posted by on Oct 14, 2015 in Uncategorized | Comments Off on It’s All Your Fault: Understanding A Fault-Based Divorce

When you’re filing for divorce, it’s going to be your decision whether you file for a no-fault or a fault-based divorce. Your attorney may suggest one over the other, but understanding what constitutes a fault-based divorce is important before you file. After all, fault-based and no-fault divorces both require that you have some legally valid grounds to file for divorce, but the grounds required for filing a fault-based divorce are limited. Here’s a look at what you should know about fault-based divorces before you file. On What Grounds Can You File a Fault-Based Divorce? There are only a few situations that qualify for a fault-based divorce. In order to be eligible, you’ll have to prove that your spouse did something as defined under your state’s fault-based divorce laws. Your divorce attorney can tell you what the specific legal limitations are in your state, but most require that one spouse has either committed adultery, abuse, neglect or abandonment. If you can prove that your spouse has committed a felony, it may also be grounds for a fault-based divorce. You’ll just have to be able to prove whichever grounds you opt to file under. Why Would You Want to File a Fault-Based Divorce? In some states, there are benefits to filing a fault-based divorce. For example, there may be an exemption to the waiting period for filing divorce papers in your state if the divorce is fault-based. This could allow you to finalize your divorce much faster. Additionally, you might be able to secure more money in the form of alimony or child support if you can prove that your spouse has done something wrong under the fault-based divorce guidelines. What Should You Consider Before Filing? It’s always in your best interest to have the support of a divorce lawyer before you make any filing decisions. If you’re considering a fault-based divorce, that’s even more important. Your attorney can help you assess the situation and ensure that your situation qualifies under the state’s laws. Additionally, he or she will help you to build the necessary evidence for the courts to see that your spouse is indeed guilty of the actions you’re claiming. Another thing to remember about having an attorney on retainer is that he or she may even think of things that you wouldn’t otherwise consider, such as remembering to file a petition for your half of your spouse’s retirement benefits, if you...

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Divorce And Credit Card Debt: The Basics

Posted by on Sep 29, 2015 in Uncategorized | Comments Off on Divorce And Credit Card Debt: The Basics

Getting divorced is a difficult experience in the best of circumstances, but it’s even more complicated when a large amount of credit card debt is involved. Credit card obligations cannot be ignored, however, even when a marriage is dissolving. Not dealing effectively with this issue could put your financial future at risk. This article looks at some of the basic facts you need to know concerning this serious topic.  Responsibility  Perhaps the key question regarding the issue of credit card debt and divorce is whether you are responsible for the debt. A crucial factor is the state law where you live. State laws on this matter fall under two categories: common law or community property. Here is a closer look at each.  Common Law  Generally, in common law states, which are the majority, you are only responsible for a credit card debt if your name is on the agreement. So, if your spouse ran up a large debt on a card with only his or her name on the agreement, then you are not legally responsible for the debt in most cases. A possible exception to this rule is when the debt is incurred for something that benefits the entire family.  Community Property  A minority of states follow the principle of community property, which says that debts incurred during the marriage are the responsibility of both spouses. This means that you are generally responsible for any credit card debt that accumulated during the marriage, even if the debt involved was on a card that was in your spouse’s name alone.  Even though all states follow one of these two legal principles, there are typically certain variations that apply, depending on the specific laws in your state.  Protecting Yourself  The best way to protect yourself from the complications of credit card debt and divorce is to eliminate the debt before the divorce proceeds and then close the accounts. This, of course, depends on whether you are in a strong enough position financially to pay off the debt and whether you spouse agrees to pay his or her fair share.  If the two of you are not able to pay off the debt, then another possibility is to close all of your joint accounts and have equal shares of the money put into separate accounts.  Credit card debt and divorce is a thorny issue that must be addressed efficiently to avoid potential financial distress. For more information, consult an attorney with experience in these matters. Contact a legal group like Baudler, Maus, Forman, Kritzer & Wagner, LLP for more...

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2 Reasons To Hire A Probate Lawyer When A Loved One Dies Without A Will

Posted by on Sep 9, 2015 in Uncategorized | Comments Off on 2 Reasons To Hire A Probate Lawyer When A Loved One Dies Without A Will

If a close loved one passes away and does not have a will, you may want to seek advice from a probate lawyer. A will is an important document used to distribute assets after a person dies, and this distribution can get tricky when there is no will to work with. Here are two reasons you should get legal help for this situation. To Understand The Probate Process When a person dies, the probate court is used regardless of whether there is a will or not. Probate court is there to transfer legal rights of assets from one person to another, and they also make sure debts of the deceased are paid. When a person has a will, this process is a lot easier, because the document will state how to divide things. Without a will, the court is left to make the decisions about the division of assets. Without a lawyer, you may have no say in how the court handles this, and you may not understand why the court is even involved. The main thing to understand is that no one can claim any assets of your deceased loved one until the court makes this ruling. Hiring a probate lawyer can help you fully understand this process, but this is not the only benefit. To Ensure The Assets Are Transferred To The Rightful Heirs Another issue that comes up when there is no will is fighting over who gets what. There may suddenly be relatives popping up stating they are entitled to some of the assets, and it can turn into a huge family fight. If you hire a probate lawyer to help you settle this person’s estate, your lawyer can help fight for the right people. If you are the closest relative to the deceased, you may feel that you are entitled to the entire estate. While this is not up to you to decide, having a lawyer on your side can make this task a little easier. In addition, you could offer testimony to the court about your opinions. For example, if your loved one was in a fight with a relative for the past 50 years, the court may want to hear about this. In this case, your loved one will probably want to keep this particular relative away from the estate. Dealing with the loss of a loved one can be difficult, but you will have to settle the estate at some point. To get help with this, you should look for a probate lawyer (such as David R Webb Attorney) in your...

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3 Ways A Social Security Attorney Can Help You

Posted by on Aug 19, 2015 in Uncategorized | Comments Off on 3 Ways A Social Security Attorney Can Help You

If you want to receive compensation for an injury you sustained at work, you may need to rely on the expertise of a social security attorney to do so. There is a great deal of paperwork that must be completed and it’s important to get these done accurately to improve your chances of receiving payment.  By knowing specific ways your attorney can assist you, you can be more prepared to get the money you need. Filing a Claim Just because you take the time to fill out the necessary information to file a claim doesn’t guarantee you’ll be able to receive it. In fact, studies indicate that from 2001 to 2010 over 53% of disability cases were denied. This shows the many challenges that are faced by getting successfully getting your claim approved. The answers you provide to the claim must be precise and detailed, fully responding to any questions. Additionally, you should have the necessary proof on hand that will indicate the extent of your injuries, such as from a doctor’s office. Provide Expertise Dealing with a situation of this magnitude will require the expertise of social security attorney, such as one from Gieg Law Offices. There are many procedures that must be completed in addition to filing the claim. Most of the specialized attorneys have relationships with judges who may make the final decision regarding your case. This allows your lawyer to know the personality of a judge who is reviewing your case and can be helpful in getting your claim approved. Make an Appeal If your claim is unfortunately denied, you will need to move forward with an appeal, and this can be a difficult process and a complex one. There are many rules that must be followed, and one of these requires filing the appeal within 60 days after the denial. Additionally, many forms must be completed, and a couple of these are listed below: 1. SSA-3441, Disability Report-Appeal 2. SSA-827, Authorization to Disclose Information There are others, as well, but these two will start the process, and it’s necessary to have a legal expert in this area to help you get the best appeal results. Being injured can be devastating to your mentality and your financial situation. If you’re dealing with this issue, you will want to consult with a social security attorney immediately to help you. By having a long meeting with this legal expert, you can determine the chances of your getting financial...

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