Pages Navigation Menu

Real-life Law

Understanding The Main Types Of Legal Structures For Your New Business

Posted by on Dec 10, 2014 in Uncategorized | 0 comments

Starting a business requires a business structure. A business structure is the legal structure that governs several things about a business. There are different types, and each one comes with differing amounts of rules that govern how a business may operate. The Most Common Business Structures Sole Proprietorships – The owner and the business are the same. This means the business is not incorporated. It is the easiest type of business structure to set up, and most widely used. Partnerships – A joint venture between partners. There are various types of partnerships, but much like the sole proprietorship, the owners take on liability. Corporations – Incorporation is what makes a business its own entity. They are more difficult to form and that formation comes at a price. There is a lot more paperwork to fill out, a lot more tax considerations and a lot more rules. However, a corporation can raise money on its own. Another caveat is that owners or shareholders must pay double tax, although, there are more tax incentives to take advantage of. S Corporations – These types of corporations involve a different taxing scheme. The shareholders take on the finances of the corporation and so can state them in personal tax returns. This bypasses the double taxation method of a regular corporation. Limited Liability Company (LLC) – These types of structures combine the control of sole proprietorships and partnerships, with the liability protection of a corporation. Limited Liability Partnership – The LLP allows each partner limited liability. This means that each person is liable for their own actions. The business has protection but the individuals will take on consequences independent of the other partners. When filing a business structure in one place or another, the rules for doing so may change. This is important to know for those that would like to operate on a larger scale or from multiple locations. Which Business Structure Should You Choose It’s important to assess the business needs before attempting to settle on a structure. For most people, it’s best to start with a sole proprietorship. It’s the easiest structure with the lowest cost to start. Sometimes, it’s free. In fact, if you’re doing anything that generates money outside of a wage job, then you’re already considered a sole proprietor. Once the business starts to move forward, or if the owner wants to take on partners, then it is time to start thinking about a more intricate business structure. When you’re ready to move forward, or if you want to jump straight into something more robust, you should speak to a professional. A business attorney from a firm Carter & West Law like can help you figure out what to do, what paper work to file, and whether a particular structure will work best for your purposes. This is not a decision that you should make without professional...

read more

4 Tips For Getting Through the Hearing for Your Social Security Disability Case

Posted by on Dec 9, 2014 in Uncategorized | 0 comments

If you are seeking social security disability benefits, you will be questioned by a judge at a hearing. This hearing is important and may determine whether you receive benefits, so you need to be prepared to answer truthfully and fully about what you are experiencing. Here are four tips to help you during your hearing. Avoid Parroting Your Medical Records Your first thought may be to talk to the judge by parroting medical terms that you may have seen in your medical records, or repeating what your doctor has told you about your condition. However, the judge has likely already reviewed your medical documents before you arrived. Instead, use your own words to describe your experience. Be Specific During the hearing, the judge will want to hear your reasons for not being able to work. You may have depression, for example, but you need to be very specific about what you can and cannot do as a result of your depression. Diseases and disabilities affect individuals differently, so the judge might not be able to understand how your condition affects you. Are you unable to get out of bed for more than a few hours a day? Do you have unpredictable dizzy spells? These are the kinds of things you need to share during the hearing, so that the judge gets a full picture of what is happening in your life. Don’t Exaggerate While you need to share your disability in detail during the hearing,  avoid the urge to exaggerate. If your testimony about your condition is inconsistent with your doctor’s notes and your medical records, you will have to explain those discrepancies. You need to be as honest as you can about what you’re going through, because if the judge feels you are being dishonest, you may have a difficult time receiving benefits. Take a Deep Breath Before Answering Sometimes, people giving testimony at a hearing become flustered and nervous, and stammer through their answers. When you are nervous, you are more likely to forget details and speed through your answers. If you notice yourself becoming nervous, simply take a deep breath before answering questions. Collect your thoughts before responding. If you don’t understand a question, or need more clarification, ask for it. Use the tips above to help you provide strong testimony during your disability hearing. Make sure to prepare for your deposition beforehand with your disability lawyer, so that you are fully prepared and the entire process can go smoothly. For more information, talk to one of the professionals at the Law Offices of Russell J....

read more

2 Reasons It’s Important To Have A Personal Injury Attorney

Posted by on Dec 9, 2014 in Uncategorized | 0 comments

If you have been injured and are seeking damages from the responsible party, there are a few things you need to understand about what it takes to build a successful personal injury case. This article outlines two of the most important aspects of successful claims and how a personal injury attorney can help make sure you get the compensation and justice that you deserve. Establishing And Proving Liability In order to emerge from your lawsuit victorious, it is imperative that you establish liability on the part of the defendant. If you cannot prove that the individual from whom you are seeking damages is ultimately responsible for your current predicament, than you should not initiate the litigation process at all. For instance, if you were struck by a vehicle as you crossed the street, it may seem obvious that the driver of the vehicle was at fault. However, proving liability is not so straightforward, and an astute defense might argue that you were in a place you should have never been in the first place, like the middle of a freeway. This is where it is important to have a personal injury attorney fight your battles for you. An attorney could help you establish that the only reason you were crossing the freeway was to get to your child who was suffering from a seizure. An attorney might also point to the fact that nearby vehicles had slowed down and stopped, realizing what was happening, and that the defendant simply failed to observe the conditions of the road. Whatever the situation, a lawyer’s guidance is invaluable in circumstances like these. When There Are Multiple Liable Parties In certain situations, your injury may be the result of more than one person’s negligence. In those instances, liability, and subsequently the compensation that hangs in the balance, is ultimately determined by examining which of the parties was more at fault and which were less at fault. Other scenarios that might result in multiple liable parties include vehicular injuries that occurred on poorly kept roadways. Often times, the liability of persons injured in this manner rests not only with the individual who owns the road, but potentially with any grounds keeping workers responsible for its maintenance. This is another tricky area where defendants often try to establish the liability as anyone’s other than their own, pointing to faulty roads and distracting billboards and anything else they can think of. Having an attorney, such as Salerno Terrence Law Office, present can help ensure that your case is not lost on a technicality. More importantly, a personal injury attorney’s experience is simply invaluable when it comes to making sure that every aspect of your case receives due consideration along the...

read more

Answers To Common Debt Relief Questions

Posted by on Dec 8, 2014 in Uncategorized | 0 comments

It is an unfortunate fact that many people will get into trouble when it comes to debts and creditors. While bankruptcy is a way out of these situations, it can have a profoundly negative and long lasting effect on your credit history. Luckily, debt relief programs can offer individuals some of the same benefits, but they will not blemish your credit history for years to come. Yet, if you have never used debt relief programs, there is a good chance that you have a couple of questions that need to be answered.  How Does Debt Relief Work? The programs work by negotiating with the creditors on behalf of the debtor. Creditors do not want to see debtors file for bankruptcy protection because this can cause them lose any money that was owed to them. As a result, these companies are usually far more willing to negotiate with a debt relief counselor to avoid this result.  Your debt relief counselor will closely analyze your financial situation, and they will vigorously represent you in negotiations with creditors. Over the course of these discussions, your debt relief counselor will strive to strike a deal that allows you to make easier payments that are still acceptable to the creditors. Once a settlement is reached, the creditor and debtor will sign a new legally binding contract outlining the repayment terms.  How Much Do Debt Relief Programs Cost? Not surprisingly, most people using debt relief programs are on a tight budget. Unfortunately, the way that debt relief companies charge can vary widely. For example, many of these providers will charge clients a single predetermined fee before any negotiations are started. If you have limited financial means, this may not be a suitable option for you because you do not know what you new payment terms will be, and this can make it extremely difficult to budget.  Luckily, there are many debt relief agencies that charge clients based on the amount of debt they reduce. These payment terms allow even those with very limited means the opportunity to enjoy the services offered by professional debt relief agents, such as Dennis Lee Burman Attorney at Law.  If you have had the unfortunate luck to fall into a high debt situation, you may feel like there is no way out of the situation. Fortunately, this does not have to be the case, and debt relief counselors may be able to lower your outstanding debts and monthly payments. After learning the answers to common debt relief questions, you may decide these services are perfect for your financial...

read more

3 Ways To Make Bail After Criminal Charges

Posted by on Dec 8, 2014 in Uncategorized | 0 comments

If you’re ever arrested, one of the earliest decisions you’ll be faced with is how to make bail. Bail is set after an arrest to allow individuals to be free while they await arraignment or trial. Depending on the type of charge, bail may be set either in a hearing in court or using a standard bail grid in the jail. More serious charges usually require a court appearance. Bail sometimes costs tens or hundreds of thousands of dollars. Here are three ways to make bail if you’re arrested: 1. Pay it in full. This is obviously the easiest option. You simply pay the bail amount with cash, certified check, or credit card. When you pay bail in full, you’re simply providing the court with an assurance that you’ll make all your required appearances. After your prosecution is over, the bail is refunded, assuming that you were present at all required hearings and court appearances. You usually don’t pay any additional fees or interest. Even though paying the bail in full may be a significant expense, it’s often the least expensive option in the long run. 2. Get a bail bond. Bail bonds are usually readily available around any courthouse or jail. You pay a bail bond company a small percentage of your total bail. The bail bond company then posts your full bail so you can be released. This option is popular because it allows you to get out of jail while only paying a small portion of the total bail due. However, the bail bond company usually keeps that initial fee. Also, they may require you to post property as collateral, which would be lost to the bond company if you ever miss a required date or skip out on bail. 3. Argue for “own recognizance” release. You could appear in court and argue that you should be released without any bail due. In these cases, the court simply believes that it’s unlikely that you’ll skip bail, so they don’t require it. This is common for very minor charges, but you may need to hire a lawyer, like those at Marberry Law Firm, P.C., to help you argue for this point in more serious charges. A court is more likely to approve release on your own recognizance if you have strong ties to the area, such as local family and business interests. It’s also helpful if you don’t have a prior criminal record. A criminal defense attorney can help guide you through the bail process. Contact an attorney as soon as you are arrested to ensure that you make the best decision for your...

read more

The 3 Pillars Of Success In Wrongful Death Claims

Posted by on Dec 5, 2014 in Uncategorized | 0 comments

If your loved one recently passed away because of the careless actions of another, and you have been considering filing a wrongful death lawsuit, there are a few things you need to know about what qualifies as a wrongful death. More importantly, you need to understand that the lawsuit’s success hinges on a number of elements that you must prove occurred at the time of the incident. This article discusses the three necessary ingredients for success in a wrongful death claim. Establishing Duty Of Care You must be able to establish that the person at fault, however clear it may seem to family and friends, had a legal duty of care regarding your loved one. A duty of care is a way of saying that there are certain laws and rules that all people abide by for the safety of others. For instance, an individual picking apples in Florida has no duty of care towards someone riding their bicycle through a busy California intersection. However, drivers in the vicinity of that intersection have a duty of care to use blinkers and brake appropriately when operating their vehicle around said bicyclist. First and foremost, this duty of care must be established, and wrongful death attorneys are experts at identifying and establishing such responsibilities. Proving Duty Of Care Was Breached, Ignored, Or Otherwise Disregarded Once you and your attorney have established that in fact there was a duty of care on the part of the accused, you must then prove that said accused person violated that duty. This involves demonstrating that the accused person, whether willfully or inadvertently, breached his or her duty of care. For instance, if your loved one was struck by a speeding vehicle while utilizing a crosswalk, your attorney would need to prove that the officer directing foot traffic breached his or her duty of care toward those in the crosswalk. It is not enough that the officer’s fault is obvious, and the accused can always argue that the “all clear” sign was never given. This is where enlisting an attorney’s assistance is essential to success. A professional can procure video camera footage from nearby businesses or traffic cameras and prove beyond a doubt that the accused person undeniably breached their duty of care regarding the deceased. Determining That Breach Of Duty Caused Death Finally, you must prove that the accused person’s failure in their duty of care directly led to the death of your loved one. This is yet another obscure area of the law where there are a myriad of defense arguments in any given situation. For instance, in the previous example, a defense team might argue that the accused person is not responsible, asserting that a hand signal is not what killed the victim, but rather a speeding car. Moreover, the defense may pose that, even if the officer signaled stop, there is no guarantee that the deceased would have obeyed. Ultimately, having a wrongful death attorney to help you along the way can ensure that those responsible for your loss aren’t set free on a technicality. With the help of a professional, such as Hardee and Hardee LLP, you can rest easy knowing that everything that can be done to establish a duty of care, prove it was breached, and demonstrate that the breach...

read more

About Passing A Means Test For Chapter 7 Bankruptcy & The Cost To Hire A Lawyer

Posted by on Dec 4, 2014 in Uncategorized | 0 comments

You can file for Chapter 7 bankruptcy if you are able to pass a means test. Hiring a lawyer is the best way to get the filing process started, as he or she can also give you advice on how to prevent a financial bind in the future. In this article, you will discover what passing a means test is about and how much you can expect to pay for a lawyer. What Does it Mean to Pass a Means Test? Passing a means test is a qualification method used to determine if your income does not exceed the medium income that is set for the state you reside in. If you make below the medium income, you are able to file for Chapter 7 bankruptcy so your debts can be reduced or forgiven. You can also qualify for Chapter 7 bankruptcy if you fail the means test when the majority of your income goes to paying bills each month. After successfully passing the means test, a lawyer can file a bankruptcy petition with the court on your behalf. A judge will then appoint a specialist called a trustee to your case to get your debts forgiven or reduced. The trustee will have meetings with your creditors, and he or she may also sell some of your assets in an effort to raise money to pay some of the creditors. How Much Does if Cost for the Help of a Lawyer? The cost to hire a lawyer to help you file for Chapter 7 bankruptcy is not set at any amount. The fee will be based on who is hired for the job, as it is at his or her own discretion. However, hiring a reputable lawyer that has been practicing law for a while will likely cost you more money than hiring one that is fresh to the field. You can also file for Chapter 7 bankruptcy without the help of a lawyer, but it is in your best interest to hire one. A lawyer from a firm like Gomez May LLP can help you avoid the trustee selling some of your assets. The filing process is much smoother with a lawyer’s help. Drowning in debt can cause your life to be miserable, especially with debt collectors calling your home a lot. You don’t have to continue living that way if you file for Chapter 7 bankruptcy. Just hire a lawyer and get the process started so you can have a peace of...

read more

Injured At The Salon? Find Out Your Rights By Seeking Help From A Lawyer

Posted by on Dec 4, 2014 in Uncategorized | 0 comments

When you go to the beauty salon to get your hair cut and colored, you expect the stylist to know how to do these things. If your recent visit left you with a large burn, or missing chunks of hair, you might want to consider suing the salon or stylist for the injuries and problems. You can do this by visiting a personal injury lawyer, and here are two steps that your lawyer will complete. Gather Evidence The first step in this process is gathering enough evidence for the case. Without sufficient evidence, a lawyer may decline the case. Your lawyer will ask you for any evidence you have, but he or she may take other steps to determine what happened during your visit. The evidence you may have can include: Pictures of your injuries Hair that fell out of your head Doctor bills A letter from your doctor explaining the severity of the problems These are all great pieces of evidence, but your lawyer might take it a step further by researching the chemicals the stylist used during your visit. Through this research, the attorney might discover that the stylist mixed the chemicals wrong, or that he or she used the wrong ones for your hair and skin type. This type of evidence proves negligence, which is a vital part of winning any type of personal injury case. As long as you can prove negligence, you should be able to win your case. Prepare the Case If the lawyer finds enough evidence, he or she may accept the case and proceed with a lawsuit. Before filing a lawsuit, it is very common for a lawyer to try to settle the case outside of court. This is often done by requesting meetings with the stylist or salon-owner, and they will generally have attorneys representing them. Through this, the stylist and salon-owner may agree to pay you a settlement offer for your injuries and damages. If this is the outcome, you will never have to go to court. If they will not agree to this though, your lawyer can create a lawsuit, and a judge or jury will be left in charge of deciding the outcome. Getting injured at a beauty salon can be a devastating experience to go through, and it can leave you with lifelong physical and emotional scars. Just remember that you have rights, and you can pursue these rights by visiting a personal injury...

read more

3 Possible Challenges To Your Will And What You Can Do To Prevent Them

Posted by on Dec 3, 2014 in Uncategorized | 0 comments

When creating your will with your estate planning attorney, the thought that it could be challenged might not occur to you. Unfortunately, challenges can occur from family members who are dissatisfied with what you leave them. Here are some of the most common grounds on which wills are challenged and how you can fight them now.  Mental State Your family member could argue that you were not mentally capable of making sound decision when your will was created. A judge will look at several things when determining your mental capacity when the will was created including whether or not you were aware of exactly what you owned and if you understood you were making a will. Some family members might misinterpret occasional forgetfulness as proof that you were mentally incapable of making decisions. You and your attorney can fight this assertion by getting a doctor’s assessment that states you are mentally capable of making decisions.  Witnesses Most states require that you have at least two witnesses to the signing of your will. Some states do have a further requirement that prevents heirs from being the witnesses. A disgruntled family member could challenge the validity of the witnesses’ signatures and whether or not they have the right to serve as witnesses.  To avoid this conflict, consider videotaping the signing of your will. The videotape alone cannot serve as a will, but it can prove that your witnesses were there. It can also serve to show that you were mentally sound if there is a challenge to your mental capacity.  To further problems, ensure that your will is witnessed by two people who are not inheriting anything in your will.  Will’s Contents Your family member might argue that certain key elements of a will are not included in yours which would invalidate it in some instances. To avoid a problem such as this, ensure that your will meets the minimum requirements for your state.  For instance, most states require that it is clear that you are the author of the will and that you appoint an executor to your estate. Further requirements could include that you appoint a guardian for a minor child if you have any. The best way to ensure that challenges to your will are minimum is to work with your estate planning attorney (from Vandeventer Black LLP or another location). He or she will also know of any special considerations that need to be made to help shore up your will so that it can withstand scrutiny by a...

read more

4 Possible Delays To A Chapter 7 Bankruptcy Filing

Posted by on Dec 3, 2014 in Uncategorized | 0 comments

The amount of time it takes for your Chapter 7 bankruptcy to be completed can vary. Certain situations, such as student loans, can impact the length of time. Here are four situations that can impact the completion date for your bankruptcy. Financial Management Course One of the requirements of completing a Chapter 7 filing is you have to take a financial management course. Once you have completed the course, you will receive a certificate of completion that you have to file with your bankruptcy petition. Without the certificate, your filing cannot proceed. If you have not completed the course yet, sign up for one now. In some states, you can even complete the course online.  Student Loans In most instances, student loans cannot be discharged. However, there are some situations in which you can get a discharge. For instance, if you are unable to pay and facing a financial hardship that will prevent you from ever paying off the debt, you might get a discharge.  If you are trying to get a discharge, you have to complete a complaint that must be separately approved by the court. Your filing will not be completed until the complaint for the discharge of your student loans is complete. It could take more than a year for this to be reviewed and denied or approved. Trustee Needs The trustee is responsible for reviewing your bankruptcy petition and finances to determine whether or not you meet the requirements for bankruptcy. If the trustee needs more information from you, he or she will notify you. If you delay in getting these documents back to the trustee, your filing will be delayed. It is important to note that the trustee will give you a deadline for turning in the requested documentation. If you miss this date, it is up to the discretion of the trustee if you will receive an extension. Property Exemption You are allowed to keep some of your assets in a Chapter 7 bankruptcy by taking advantage of exemptions. The exemptions allow you to keep assets that total up to a certain amount. The amount varies by state.  If you and the trustee do not agree on what should and should not be exempt, you and your attorney will have legally fight over those exemptions.  To avoid delays, talk to your attorney. He or she will know what issues could result in an extension in your particular case and help you take steps to avoid the delays or speed up the process. Contact a firm like FactorLaw for more...

read more