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3 Myths About Being Arrested For A DWI

Posted by on Aug 5, 2015 in Uncategorized | Comments Off on 3 Myths About Being Arrested For A DWI

Not only do you threaten the safety of others when drinking and driving, but there is the possibility of getting arrested for a DWI. It can be tough to clear your name of the legal issues surrounding a DWI. Learn the truth behind the following three myths to avoid getting a DWI. Myth: You Are Sober If You Can Pass A Sobriety Test Many people think that if they are sober enough to pass a sobriety test, they are sober enough to drive. Unfortunately, just because you are able to walk in a straight line does not mean that you are able to drive a car. Sobriety is based on blood alcohol levels, and if they are above the legal limit of .08 in the United States, you can get a DUI. If you are under the age of 21, there is a zero tolerance policy where any level of alcohol in your system will result in a DWI. Instead of relying on your own self-evaluated sobriety test before getting behind the wheel, invest in a personal Breathalyzer that can measure your blood alcohol levels. Myth: You Are Able To Refuse Tests If Requested By The Police The police may request that you take a breath test, urine test, or sobriety test if pulled over, and there is a misconception that you can refuse to take these tests. Doing so may result in being arrested or having your license suspended, and can still result in a DWI conviction. Officers can use other evidence from your arrest, and do not necessarily need the results of a test to prove you were driving under the influence of alcohol. Delaying the test will not help for these same reasons. It takes about 45 minutes for your BAC (blood alcohol concentration) levels to drop .01%. Even if you are able to wait out the time to take a breath test and pass it, the time between your arrest and the test can be taken into consideration. Myth: You Do Not Need To Hire A Lawyer If you failed a breath test with a BAC above .08, you may feel that there is nothing you can do to prevent your conviction, and that it is pointless to hire a lawyer. Even if you are found guilty, a lawyer can help reduce the charges against you. In the end, you may avoid facing the strictest punishment you can receive, which includes potential jail time. Contact a DWI lawyer like Carl L. Britt, Jr. for more...

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Boom, Boom…Ow! Why You Could Need a Personal Injury Lawyer after Independence Day

Posted by on Jul 22, 2015 in Uncategorized | Comments Off on Boom, Boom…Ow! Why You Could Need a Personal Injury Lawyer after Independence Day

Aside from all the holiday fun with explosives that comes with the Fourth of July, there is always a concern for accidents and injuries. Once the dazzling displays are over, if you are left, burned, injured, or otherwise maimed, you should get in touch with someone who can help you determine if the injuries were caused by the negligence of someone else. Here are three situations in which you would need a good lawyer after an Independence Day celebration that went terribly wrong.  You Were Injured by Fireworks On Someone’s Private Property If your good friend throws a backyard barbecue during the Independence Day holiday, you will likely encounter fireworks while you are there. If a homeowner inadvertently injures someone on their property, even with fireworks, they can be held liable for any bills that are incurred. If your attendance at a holiday get together leaves you with firework injuries, you should definitely call a lawyer for help.  You Were Injured At a Public Firework Display Although rare, injuries caused by a misguided firework at a public show can happen. In fact, in 2015 nine people received injuries at a firework display given by the city of Avon, Colorado. If you are indeed injured by a misguided firework shell or missile at a publicly provided event, talk to a personal injury attorney as soon as you are done with finding qualified medical attention.  You Were Injured by Your Own Fireworks when They Malfunctioned Even though people are encouraged to simply enjoy public firework displays instead of buying their own supplies and taking the risk of getting hurt, in 2013 alone more than 11,000 people were injured by a consumer firework in some way. This alone is a scary number, but when you consider that some of these people were likely injured even though they specifically followed the instructions on the packages, it is even more scary. Fireworks can and do malfunction. They can explode prematurely and cause a lot of harm if you are in the way. If this does happen to you, there is a chance you can sue the manufacturer for your injuries.  Fireworks can be a beautiful touch to a Fourth of July celebration when they are done right and safety precautions are taken. However, if being near fireworks turns your fun holiday time into a trip to the local emergency room, be sure to talk to a personal injury attorney, like one from Boucher Law Firm, about what can be done to help...

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Two Personal Injury Lawsuit Questions Answered

Posted by on Jul 4, 2015 in Uncategorized | Comments Off on Two Personal Injury Lawsuit Questions Answered

Suffering an injury can be a remarkably expensive problem, and if these incidents stem from the actions of another person, a personal injury lawsuit may be the only option for ensuring that you get the justice and compensation you deserve. For those that have never experienced a personal injury lawsuit, the entire process can seem overwhelmingly complicated. However, if you understand these two questions about injury cases lawsuits, you will be far better informed when it comes to pursuing justice for your injuries.  How Are Difficult-To-Prove Injuries Handled? A broken leg is a relatively simple injury to prove, but there are other injuries that can be extremely difficult to represent. For example, soft tissue injuries are often highly difficult to prove because they may not show up on many medical diagnostics. While these cases can be more difficult to prove, experienced attorneys are able to craft a strategy that will give you the best chance for succeeding.  Often, this will require you to undergo evaluations by a variety of medical professionals. These are often professionals that your attorney has a history of working with, and they will usually enter some form of testimony about your condition. In addition to these evaluations, you may also have to undergo an evaluation by doctors for the defense. These challenges can be further enhanced if the injury exacerbated an existing problem. When this is the case, your previous medical records will have to be closely examined to determine how much of your current condition is from the defendant versus how much is part of the natural progression of the condition.  What If Your Insurance Covers The Damages? There will be many instances where your out-of-pocket expenses may be low because the medical costs or damages were covered under your insurance policy. Due to a lack of experience with these cases, some people may assume this will impact the amount they can receive for their injuries. Fortunately, this is not the case because the compensation from insurance policies is not considered in personal injury cases. This will allow you to pursue justice for the damages that you suffered regardless of whether or not your insurance compensated you.   Understanding your right when you are faced with a personal injury case is critical to ensuring you achieve justice for your damages. By knowing what to expect when your case involves soft tissue damage or your insurance paid the majority of the costs, you may find it easier to know how to pursue these cases, especially when you have help from a professional like those at McDonald Law...

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3 Things You Need To Know Before You File For Bankruptcy

Posted by on Jun 18, 2015 in Uncategorized | Comments Off on 3 Things You Need To Know Before You File For Bankruptcy

For a lot of people, debt can be suffocating – especially those who have a tremendous amount of it. Whenever you feel like you have just too much debt to pay off, you have the option of filing for bankruptcy. However, bankruptcy is not a cure-all solution for your debt problems. Here are three things you need to know before you file for bankruptcy. 1. You will need to go through credit counseling before you can file. In an attempt to prevent people from abusing the bankruptcy system, it is now a requirement for everyone filing that they must go through credit counseling beforehand. The main purpose of the credit counseling is to try to find a way for you to actually pay off your debts instead of going through bankruptcy. Of course, you don’t have to agree with any repayment plan the credit counselors come up with, but you will have to defend your reasoning in bankruptcy court. You have to complete the credit counseling within the 180 days preceding filing for bankruptcy. Then you must file your certificate of completion within 15 days after filing. It is important to know that you can’t just get the credit counseling from anyone. The credit counseling agency must be approved by the U.S. Trustee’s office, otherwise it doesn’t fulfill the requirement. 2. Not all debts can be discharged in bankruptcy. A common misconception is that you can discharge all of your debts in bankruptcy. This is not necessarily true. For instance, if you have tax debt, it won’t be discharged when you file for bankruptcy. Other debts that you can’t discharge in bankruptcy include: Child support Alimony Government fines and penalties Court fees Debts obtained by fraud Student loans (in most cases) That list isn’t exhaustive. There are other debts you can’t discharge in bankruptcy, but the list includes the most common debts that a filer may have that can’t be discharged. Something worth noting is that it is possible to have your student loan debt discharged, but it is very difficult. You have to prove that you tried to pay the debt for a considerable amount of time (i.e. didn’t just keep it in deferment or forbearance until you filed for bankruptcy), that repaying the student loans would put an undue hardship on you and your family, and that hardship would continue for a long period of time if you were made to repay the debt. As you can see, it’s not easy to get out of your student loan debt. 3. A bankruptcy filing will follow you for several years. While filing for bankruptcy will get rid of a lot of your debt, it will haunt your credit score for 7-10 years. Credit reporting agencies are required to remove it from your report at the 10-year mark, but a lot of them will take it off once seven years have passed.  It is still possible to get loans and credit extended to you, even with the bankruptcy, but lenders will likely impose a high interest rate on it. It can be good to get some type of credit product after a bankruptcy so you can start rebuilding your credit score. However, you should use credit cards and loans wisely. Otherwise, you could end up in the same financial...

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What You Need To Know About Entering A Business Agreement

Posted by on Jun 4, 2015 in Uncategorized | Comments Off on What You Need To Know About Entering A Business Agreement

If you are entering a business agreement with another person it is important that both of you know what you are getting into. This is why the contract is so important. This is the document that will bind the two of you together and ensure that both parties follow the designated guidelines. Before you enter into the contract there are some things that you need to do. Here are a couple ways things to do: 1. Get A Letter Of Intent A letter of intent is an important part of the whole contract process. This is the pre-contract that is non-binding. This will be to both of your advantage. You need to be able to write out the contract and look it over with both of you taking it seriously, but not being legally bound to each other yet. A letter of intent can do just that. A letter of intent says that you are both serious about making a merger or an agreement together; but that there are certain conditions that need to be met before you have an actual agreement. The letter of intent is not legally binding for either of you. Thus, if either of you feels uncomfortable at any time, you can sever the relationship without any legal ramifications. If the other party does not offer a letter of intent, you need to talk to an attorney and have one drawn up. 2.  Do Your Due Diligence If after you have signed a contract you have a problem with the company, you cannot use the excuse “I didn’t know.” The courts expect you to go through and make sure that you understand the company that you are going through the process with and that both of your understand what you are signing and agreeing to. This might mean that you need to do a background check, look into their books, and investigate the company. 3. Don’t Sign If You Don’t Understand You should never enter a legal agreement without a lawyer. You need the lawyer to explain everything to you so that you have all the information. You are expected to take care of yourself. If you choose not to get a lawyer, the courts will not have pity on you if things go south. It is actually the opposite. They expect you to do everything you can do protect yourself. So get a lawyer to make sure you have all the information. These are just a couple things you should do to protect yourself and be prepared for a business agreement. To learn more, contact a professional business lawyer for more...

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3 Things That Can Happen If Your Taxes Aren’t Prepared Correctly

Posted by on Jun 2, 2015 in Uncategorized | Comments Off on 3 Things That Can Happen If Your Taxes Aren’t Prepared Correctly

Filing your income taxes can be easy or it can be extremely complicated. For most people, it causes so much stress that they will pay for tax preparation services so they don’t have to do their own taxes at all. Whether you do your own taxes or have someone else do them for you, there is always the potential to make a mistake. Unfortunately, making mistakes doesn’t sit very well with the IRS. Here are three things that can happen if your taxes aren’t prepared correctly. 1. The dreaded audit. The tax audit can be one of the most stressful things a person goes through. In a lot of cases, it can be avoided. For instance, some people get flagged for an audit simply because they made a math error or entered a wrong number in one of the boxes. However, sometimes, you will be flagged for a tax audit just because you are wealthy or try to write off a sizable portion of your income as contributions to charity.  No matter what the reason is for your tax audit, it is usually the first step in determining if your return was prepared correctly. If it was, then you can rest easy that it is over and you don’t owe more money to the IRS. If your return was incorrect, the audit can either find you are due a refund or, as in most cases, that you owe more taxes to the IRS than you initially thought. 2. Your unpaid taxes incur penalties and interest. If you are found to owe more taxes to the IRS than your original return stated, you will not just have to pay the additional tax – you will also incur a late penalty on the amount of the underpayment and have to pay interest. The IRS charges you a penalty of 0.5% of the unpaid tax amount each month it has gone unpaid after the due date. The total penalty will never exceed 25%. As for the interest rate for unpaid portions of your tax bill, it is currently at an annual rate of 3% that is added to your unpaid balance yearly.  3. Various ways for the IRS to get their money from you. If the amount you owe the IRS is too large for you to pay in one payment, they will offer to work with you on a payment plan. However, if you fail to make your payments, or just refuse to work with the IRS at all, they can get their money from you in other ways. One of the most well-known ways is to garnish your wages. The law tells the IRS how much they have to leave you in your earned wages for each paycheck. Whatever amount you make that goes over that figure, the IRS will take each paycheck until your tax bill, including penalties and interest, is paid in full. Not only will the IRS garnish your wages, but they can also take your assets, including your home, freeze your bank accounts, and take your future tax refunds to pay your unpaid tax bill. As you can see, not having your tax return prepared correctly can have serious ramifications on you for a long time afterward. To find more information, contact someone like Groskreutz, Schmidt, Abraham,...

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Protect Yourself By Learning How To Recognize Sexual Harassment

Posted by on May 19, 2015 in Uncategorized | Comments Off on Protect Yourself By Learning How To Recognize Sexual Harassment

According to one study, more than 50% of people surveyed had experienced some form of sexual harassment within the workplace. While a common occurrence, the unfortunate reality is that there are a number of people who have been victims of sexual harassment, but were unaware of the signs. Contrary to popular belief, sexual harassment comes in many different forms. Make sure you notice how to recognize sexual harassment to keep yourself protected. Request Promotions, raises and other merits within the workplace should be granted based on performance, not based on inappropriate request. When an individual makes an inappropriate request, such as a request for a sexual favor, with the promise that they will grant you an advancement in the workplace, this is sexual harassment. Even if this request is only proposed to you a single time, this is sexual harassment that warrants immediate attention.   Literature Sexual harassment can also be defined as an individual forwarding you inappropriate literature within the workplace. For example, say a coworker has a proactive or sexually explicit magazine. In an effort to try and entice you, a perpetrator might leave the literature on your desk. Although the individual didn’t touch you or even say anything to you, this is also considered inappropriate behavior that should be reported. In addition to magazines and pictures, email communications also fail within this category. Questions A commonly overlooked form of sexual harassment is inappropriate questioning, such as personal questions pertaining to your sexual nature. One reason this form of harassment often gets overlooked is that it is not as overt as some other forms. The individual is not asking you to perform any acts or even showing you any inappropriate content. However, questions about sexual positions, frequency or any questions that involve this part of your life are all inappropriate and should not be tolerated. Don’t Stand Alone If you or a loved one have been victimized by sexual harassment, make sure you are speaking out. Any inappropriate behavior should be immediately reported to a supervisor, or the proper chain of command, for swift action. Even after you have reported this information, don’t feel like you have to stand and fight this battle alone. Contact an attorney, such as Davis George Mook, if you have questions as to what constitutes harassment. You also don’t have to blame yourself. An attorney will be more than willing to stand with you and protect your rights against unwanted advances within the workplace. With an attorney working with you, your case will be handled delicately and with your pain and suffering in mind. Sexual harassment is a serious issue. If you have been victimized, don’t take this lightly. Make certain you are taking action to stand up for...

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The Top Benefits Of Hiring A Car Accident Attorney

Posted by on Apr 29, 2015 in Uncategorized | 0 comments

If you have recently been involved in a car accident that was not only the fault of someone else, but that left you injured, you might want to consider hiring an attorney. Sure, you could try to deal with the insurance companies on your own, but a car accident attorney might come with the benefits that you need right now. Take a moment to check out why retaining an attorney might be your best move at this point. They Can Come To You Filing papers with the courthouse if you intend to sue means that you have a lot of offices to visit. Depending on the extent of your injuries, that might seem impossible. At the very least, it might be painful for you. However, when you are working with a car accident attorney, he or she can usually come to your home or the hospital in order to get all of the information needed in order to move forward with your case. Not having to run from one place to the other will allow you to focus on what is most important – your healing. They Know What You Are Entitled To Depending on the specific laws of your state, you could be entitled to receive a chunk of money towards not only your medical bills and auto body repairs, but for pain and suffering as well. If you are trying to handle your case on your own and you lack a legal background, you might find yourself at the mercy of the insurance companies and what they try to offer you. If you are offered a low-ball settlement amount, your attorney will advise you of this and explain your options for trying to get more money. While you might not get the highest dollar that your attorney may decide to fight for, you have a much better chance than if you were to attempt this feat on your own. They File Everything On Time When you are injured and trying to focus on healing, it can be hard to keep up with all of the ins and outs of the legal process. As with most legal cases, you only have a certain amount of time in which you can file a lawsuit within the courts. Therefore, it is vital that the negotiation process with the insurance companies does not take too long. Since your attorney is experienced in this type of claim, he or she will know when it is time to call off the talks and file with the courthouse. With these benefits in mind, it should be a lot easier for you to determine if you are ready to go ahead and retain a reputable car accident attorney, like those at Monohan &...

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5 Reasons You May Be Denied Disability

Posted by on Dec 12, 2014 in Uncategorized | 0 comments

Being injured and unable to work can be financially and emotionally devastating. You may be capable of receiving social security disability if you qualify. However, there are many reasons why you may be denied. Knowing what these reasons are can help you avoid these if ever have the need to apply for disability. Reason #1: Your disability isn’t severe In order to receive payment for the social security administration for your injury, it must be severe. One requirement is that you are disabled for at least 12 months. You will be required to provide the necessary proof from a doctor stating the extent of your injury and the length of it, as well. Reason #2: You didn’t follow doctors’ orders You must do what your doctor requests of you in order to qualify for disability. For instance, if you have injured your back and it’s recommended that you see a chiropractor for treatment and fail to do this, you may be denied disability. However, there are certain situations that are exempt from this, and these are listed below: You were financially unable to pay for medical treatment. You have religious beliefs that wouldn’t allow you to receive the treatment you should have had. Your doctors couldn’t agree on the type of treatment you should receive. Reason #3: You took illegal drugs If you are addicted to drugs, such as cocaine, heroin or other substances, and this caused your injury, you will be unable to receive a payment. Causing health problems to yourself will cause your legal right to receive payment to be turned down. Reason #4: You have been convicted of a crime One sure way to eliminate the possibility of receiving disability is by engaging in criminal activity. Being convicted of a felony can cause you not to receive any help from the social security administration (SSA). Reason #5: You committed fraud when applying If you lied about your injury in order to receive an SSA disability payment and the SSA found out about this, your payments will be stopped. Additionally, committing fraud could cause you to be fined with severe penalties or result in jail time. Finally, be sure you avoid any of the reasons listed above in order to receive the financial assistance you need. If you feel you have wrongfully been denied disability, be sure to consult with a social security disability attorney such as Perry- Dieterich Co. LPA in your...

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Things You Should Know About The Power Of Attorney

Posted by on Dec 11, 2014 in Uncategorized | 0 comments

Have you ever considered what would happen if you were incapacitated and unable to make decisions for yourself? If so, you have probably realized how scary this situation could be. This is one of the reasons why a person might decide to create a power of attorney. This article will help you better understand what a power of attorney is and why you should create one.   Reasons For Creating A Power Of Attorney Creating a power of attorney will allow you to designate another person to manage your finances in your place. You are giving them the right to make decisions regarding your finances. There are several reasons why one might make a power of attorney: The person is drafting other estate planning documents already. The person is going to be hospitalized. The person will be traveling. The principal  (the one who is creating the power of attorney) determines when the document actually goes into effect. The type of power of attorney that is drafted will indicate the circumstances under which the document will be effective. Durable Power Of Attorney A durable power of attorney is effective when the document is executed. A durable power of attorney is effective regardless of the condition of the principal. It is usually used by people who plan to travel abroad for an extended period of time. Non-Durable Power Of Attorney A non-durable power of attorney is also effective once the document is executed. If you are incapacitated, then the power of attorney will cease to be effective. You might consider this option if you would rather have someone else take over your financial decisions if you are unable to function. Springing Power Of Attorney The springing power of attorney is effective if you are incapacitated. This type of power of attorney is created if the principal is able to take care of their own finances without any help. They are creating the document in order to make sure their finances are taken care of if something happens to them. What Powers Are Given With A Power Of Attorney? When you create a power of attorney, you are able to determine what the other person is able to do with your finances. In the document, you will outline the decisions you are allowing them to make on your behalf. Here are some of the duties you can give your power of attorney: Decisions about your real estate Take care of legal claim Collect social security Conduct banking transactions File tax returns It’s important to figure out which duties you want your power of attorney to carry out for you. Make sure these duties are clearly outlined in the document. Everyone knows that life is unpredictable. You never know what could happen. This is why it’s important to make sure your finances are covered if you are unable to manage them. Consult with an attorney, such as Donald B Linsky & Associate Pa, who can help you draft a power of...

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