Personal Injury Filing Deadlines and Other Important Aspects of Your Case

Personal Injury Lawsuits

Suffering a serious accident not only causes physical pain, but it can have financial and emotional effects as well. Minor accidents don’t cause much concern, but when the incident keeps you from working and enjoying daily activities, you can experience extreme hardship. Medical bills can pile up, too, which causes even more distress. To help relieve stress and burdens, you can file a personal injury lawsuit. It’s best to talk to an experienced lawyer first. Your legal counsel will help you file on time and correctly.

Be Aware of the Statute of Limitations

Like criminal matters and other civil lawsuits, there is a statute of limitations on when you can file a personal injury lawsuit. The timeline varies from state to state to state. In some places, you must file a suit within one year of the incident. Other states allow up to six years for you to file. Whatever the time frame is, you cannot generally exceed it. Make sure you understand the guidelines where you live so you don’t miss out on the opportunity to file.

Extensions

There are situations where you can go beyond the statute of limitations. This is called the discovery period. This provision lets you extend your filing if you didn’t originally know about the injury or that you didn’t know that the defendant’s negligent or deliberate actions caused the injury. For example, you may have been exposed to a hazardous chemical at work a decade ago, but the symptoms didn’t show up until now. If a doctor’s evaluation shows that you have a serious health condition that this chemical caused, you may still be able to file a lawsuit. The new statute of limitations would start from the day you found out about your condition.

Factors in Winning Your Case

Not every personal injury lawsuit gives claimants the result they want. The court will look at the severity of the injury and how much it impacts your daily life. If you are unable, or if the injury significantly diminishes your quality of life, you have a much better chance of winning. Also, if you can prove the other party acted with maliciousness against you and caused your injuries on purpose, you will likely walk away with a fair settlement that you can feel good about.

Don’t put off speaking to a lawyer, like a personal injury lawyer in Philadelphia, PA, if you’ve been hurt in an accident. The sooner you file, the better chance you will have of getting the results you want.

Thank you to the experts at The Wieand Law Firm for their input into personal injury law.

Two Common Challenges When Selling a Small Business

 Workers Compensation Lawyers

There are many reasons you might want to sell your business, but chances are good that you hope to simplify your life. It takes a lot to operate a small business, and selling it can be a way to reduce your obligations and get a large sum of money at the same time. However, selling your business will likely come with its own set of challenges. If you are prepared for these challenges, you can overcome them easily. Learn about two of the biggest challenges that a business seller might face.

 1. Employees’ Worries

If your business has employees, it is essentially unavoidable that they will be worried to hear that you are selling the business. Additionally, some employees may begin looking for other opportunities, which may result in them leaving before you even sell the business. You will need to be certain that you have a strong work force up until the very last day you own the business.

The best approach to this issue is to be completely open with your employees. Tell them what your intentions are at every step in the process and be sure they are among the very first people you tell when you fully decide to sell. This shows them that you respect them and want them to be prosperous whether they leave or stay. If you sell it to someone who does not intend to keep the business operational, your employees should have enough at least a few months to search for a different job.

 2. Seller Financing

Seller financing is when the buyer pays monthly payments to the seller, rather than a lump sum up front. This is not appealing for sellers, but sometimes it is necessary to find interested buyers. You should try to avoid seller financing if you can, because it puts you at risk of the buyer defaulting on the payments.

If you cannot avoid seller financing, hire a business lawyer in Melbourne, FL to write the contract. It needs to be solid to protect you. The contract should include what the consequences will be if the buyer defaults on the payments. The moment the buyer defaults on a payment, you should immediately hire an attorney. Additionally, you should avoid selling the business to anyone who seems untrustworthy, naïve, or inexperienced. This will improve the odds that the new owner will be able to keep the business successful and make the payments to you. It may be a good idea to hold off on selling until the market is in your favor to avoid financing.

 


 

Thanks to The Law Offices of Arcadier, Biggie & Wood for their insight into business law and selling a small business.

Nursing Home Abuse: What You Can Do

Personal Injury Lawyer

In the US, nursing home neglect and abuse is severely underreported. Many people do not know what to do when they suspect abuse. If you suspect that your loved one is suffering abuse or neglect, here is what you need to know.

What Is Nursing Home Abuse?

Physical abuse, psychological abuse, neglect or financial exploitation might all fit the definition of nursing home abuse. Physical abuse involves any physical harm. It may include caregivers hitting, pinching or otherwise acting rough with patients. The physicians may use restraints on a patient or unnecessary force.  To determine physical abuse, you may notice bruising on your parents or loved ones. Additionally, the patient may act shy, fearful or flinch upon contact.

Watch for any changes in behavior or any change in physical condition. A lack of hygiene may indicate that your loved one is experiencing neglect. If you spot any signs of physical abuse, you may want to begin by asking your loved one about it. If he or she is afraid or if her or his memory is compromised, you may not receive straight answers.

Psychological abuse, of course, is a little harder to prove. Psychological abuse may involve humiliation, yelling or other forms of criticism. Sometimes you can tell psychological abuse by changed behavior. Get to know your loved one’s caregivers, this can help you to recognize any signs that someone is mistreating the patient.

Financial exploitation involves taking advantage of a patient’s finances. A person may steal straight from the patient or steal his or her identity. It is crucial that you keep close tabs on your loved one’s finances to ensure that no one is taking advantage of him or her.

Can You Report Nursing Home Abuse?

If you suspect nursing home abuse, you can and should report it. You have options when it comes to abuse claims. You can file a report with the facility or you can report straight to the police about suspicions of abuse. In addition, you may want to speak to a lawyer as soon as possible to find out how to continue forward with your abuse case. Whether you want to file charges or have your loved one removed from the nursing home’s care, you should have someone experienced to discuss your options with. You can also contact your local state’s authorities on matters of nursing home and elder abuse.

Nursing home abuse is extremely serious. Unfortunately, many families do not know how to report abuse or neglect when they see it. Consulting with a nursing home lawyer, like a Nursing Home Malpractice Lawyers in Phoenix, AZ, may provide you with insight on how to go forward with your case.

 


 

Thank you to the experts at Rispoli Law, PPLC, for their input into nursing home law.

Why Hiring a Personal Injury Attorney Is a Good Move

Personal Injury Lawyer

When it comes to personal injury, the amount of compensation you will end up with typically depends on the severity of your initial injury. The insurance company you’re dealing with will take an inventory of the incident to determine how much they feel you are entitled to. If you don’t agree with that amount, you might choose to file a lawsuit against the responsible party. Should you hire a lawyer? The following are some reasons it might be your best move.

The Insurance Company Is Difficult to Work With

In some situations, the insurance company just acts difficult. They may make an unfair settlement, or they may not offer you a settlement at all. Perhaps the insurance company will dig up all kinds of dirt on you, even follow you around, to determine you aren’t entitled to compensation. This is when a lawyer can help to turn the situation back to your favor.

You’re Not Sure Who Is Responsible for the Injury

If you are involved in an incident that includes multiple parties, you might not be sure where to turn to seek compensation. Insurance companies are just trying to protect their bottom line, so they could all go back and forth, trying to determine fault with the other parties. In these situations, settlements are often decreased or eliminated. Your lawyer can help you determine who is responsible for the injury so you can seek compensation from the right source.

Your Injuries Are Permanently Disabling

Injuries that are considered permanently disabling or long-term will require medical care in the future. Your lawyer can help you calculate the amount of money you’ll end up spending on medical care in the long run. It’s possible your injuries will have an impact on earning capacity as well, and your lawyer can help you determine how much to ask for to compensate for that as well.

Your Injuries Are Severe

As was previously mentioned, your compensation amount will depend on the severity of your injury. If your injuries are severe, but the other parties are trying to portray them as being less, you could use the help of a lawyer to prove how severe they actually are. Without the help of an attorney, you may not receive compensation for the actual amount of injuries you have.

Getting Started With All the Right Information

You can’t move ahead with your personal injury case until you have all the right information. Contact a personal injury lawyer, like a personal injury lawyer in Aimes, IA, today to get started.

 


 

Thank you to the experts at Des Moines Injury Law for their insight into personal injury law.

Filing for Bankruptcy as a Small Business Owner

Personal Injury Lawyer

According to the Bureau of Labor Statistics, approximately 20% of businesses fail in their first year. Unfortunately, by the fifth year, 50% of businesses close up shop. While this is no issue that any business owner wants to deal with, it can be the harsh reality of owning your own business. Knowing when to take action towards settling your business affairs can be best suited with the guidance of a business lawyer. In some cases, it may be in your best interest to file for bankruptcy. A business lawyer can assist in answering the range of questions you may have when considering whether to file for bankruptcy:

What are signs that I should file for bankruptcy for my business?

As a business owner, it can be challenging to watch your profits diminish. When you are struggling to pay your bills, or even break even, you may be considering how long you can keep your business running. Knowing when to make this call can be difficult. In some cases, bankruptcy may be the appropriate option for your small business. Here are some signs that indicate filing for bankruptcy may be in your best interest:

  • It’s normal to have challenging months, however, if your business is experiencing a cash flow problem, unable to pay employees, bills and vendors on time, you may want to consider your next steps. In some cases, you may be able to make key business changes, however, some of the time, it may be in your best interest to consider bankruptcy. 
  • In some cases, you may be able to close your business without filing for bankruptcy. However, if your personal assets are at risk, you may want to consider filing for bankruptcy.
  • If your business and personal assets go hand in hand
  • If you are unable to maintain your business through debt consolidation

Are there specific types of bankruptcies that a business should file for?

Working with a lawyer is helpful when determining the form of bankruptcy you should file for. There are a few different options you may have when it comes to filing for bankruptcy. This will largely depend upon the type of business structure you have chosen. Primary forms of bankruptcy for businesses include:

  • Chapter 7: for full liquidation of assets that allow business owners to back out of their business with minimal impact on a business owner’s personal assets.
  • Chapter 11: allows a business owner to restructure their business by making payments to debtors over time. This allows many businesses to continue operations.
  • Chapter 13: when a business owner’s individual assets are intermingled with their business expenses. This is an ideal option for sole proprietorships

How do I initiate the bankruptcy process?

When your business is failing, it can be unclear to know where to turn or how to move forward. Depending on the way you have structured your business, you may have a few different options in terms of bankruptcy. It will be important to first consult with a lawyer who can help you navigate the process. They can work closely with you to determine the type of bankruptcy that is in your best interest and navigate you through the appropriate steps to initiate the process. 

No business owner wants to see their business fail. Chances are when you opened your doors you had dreams of experiencing success with your business. Bankruptcy can offer you a fresh start as a business owner. For guidance during what is likely to be a challenging time, contact a business lawyer, like a bankruptcy law firm in Memphis, TN, for bankruptcy information today. 

 


 

Thank you to the Law Firm of Darrell Castle & Associates PLLC, for their insight into bankruptcy law.

3 Basics About Medical Malpractice Lawsuits

Medical Malpractice Attorney

If you’ve been the victim of a medical error, then you may be reluctant to continue treatment. Your confidence in the healthcare system may be at its lowest, but your condition requires you to keep fighting through and continuing treatment.

When someone suggests that you have a good reason to bring a medical malpractice lawsuit, you may wonder how the process works. Gaining better insight into what medical malpractice is and how the justice system works to get you the resolution you need will help you feel better about moving forward. Here are three essential elements of a medical malpractice lawsuit.

  1. Establish Negligence

To get the process rolling, you first must be able to show that you were affiliated with the provider from whom you seek compensation. You also need to have documentation to back you up. Once the relationship has been established, you next have to assert that what the professional did or didn’t do was negligent. The standard of care is something that the medical profession considers part of its foundation. The standard of care is established rules — both written and unwritten — that dictate how one moves forward with caring for patients. If a provider fails to meet this standard of care or blatantly goes against it, a medical malpractice case may be warranted.

  1. File a Suit Within the Proper Time Frame

There are strict time filing guidelines that are set in every state. If you miss the window in which you have to file a lawsuit, you may be barred from bringing an action against a provider. Many states operate on a “known or should have known” premise that may help extend the time for filing. It usually states that you can bring legal action within “x” number of years from the date you knew, or should have known, that your injury or illness was caused by medical negligence. Again, check with the laws in your state to ensure you do not miss the deadline.

  1. Consider Damages

Lawsuits are designed to bring about monetary compensation for a plaintiff. They are civil suits, so if the defendant is found negligent, the punishment is financial. There is no jail time in civil lawsuits. Thus, before filing your claim, you must have an idea of the type and amount of damages you want, should you prevail. There are three types of damages awarded:

  • Compensatory, which cover the amount of money you’ve lost as a result of the injury.
  • General, which cover pain, suffering, and distress due to the injury.
  • Punitive, which are meant to punish the defendant financially, and are only awarded by the judge or jury.

A medical malpractice lawyer, like a medical malpractice lawyer in Salt Lake City, UT, can help you establish your lawsuit. Check with one in your area for more information.

 


 

Thanks to Rasmussen & Miner for their insight into the different types of damages in a medical malpractice lawsuit. 

Out of State Charges

When you and your friends make plans to take trips, the last thing you expect is to run into some sort of legal troubles. Unfortunately, these things can happen very unexpectedly. To make matters worse, if you are not from the city you or your friends incurred criminal charges in, it is very likely that you are unaware of its laws. This happens quite often in the city of Atlanta and its surrounding cities, Atlanta is a very popular destination for tourists to visit on a daily basis and year round. From historic sites, restaurants you will never forget, amusements parks, and the southern hospitality, Atlanta has plenty for someone to do, which means there is also plenty of trouble to get into as well.

Sometimes, tourists get into trouble here and a having a night out on the town can lead down the wrong path. Not understanding the local laws and ordinances can unfortunately lead to arrests. This can cause undue stress on everyone involved. Many times if you are arrested and charges are brought against you in a particular state, you will have to appear in court in that same state of city. Of course, this can quickly become a very expensive and frustrating matter. The first thing anyone should do if they are arrested in a state they do not currently reside in is contacting a local Decatur criminal lawyer. An attorney would be an expert in the local laws and can better assist you in navigating through any legal matters. In the state of Georgia, an attorney can represent and act on your behalf in court. This means that you do not have to be present for your court hearing, unless otherwise requested by a judge.

By hiring a local attorney, they are able to provide some monetary and stress relief by cutting down on travel costs. It is also important to note that the right attorney will be able to review all the details of your case, and sometimes, the fact that you are not a resident can be used in your defense. It is okay to have fun on trips with friends and family, but everywhere you go there are laws in place. Should you or anyone you know have a criminal case outside of their area, speak with a criminal defense attorney in the area the charge was obtained as soon as possible.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and charges out of state.

Fighting for Child Custody

Personal Injury Lawyer

Fighting for custody of your child can be stressful, especially if you are worried that the other parent will try to get sole physical and legal custody. Parents who want help preparing for mediation or a court hearing regarding child custody, can visit with an attorney in their area for more information.

How is child custody determined?

The court decides which parent gets physical and legal custody of the child. One parent may have sole custody, or the court may award them to share custody evenly. The court will want what is best for the child, and is likely to enforce an arrangement in which the child can still maintain a relationship with each parent. 

What does physical custody entail?

Physical custody is where the child shall live, so either the child will live with one parent or have time split between two homes. In most cases, if one parent gets sole physical custody, then the other gets visitation rights. Legal custody is when the parent has a right to make decisions that affect the child’s wellbeing, such as medical care, education, and religion. Unless there is concern about abuse or neglect, the courts usually award joint legal custody to both parents so they can each continue to have a say in the child’s upbringing. 

What does best interest of the child mean?

Ultimately, the court will determine a child custody arrangement that they believe will benefit the child the most. The court may consider factors like the parent’s mental and physical health, ability to care for basic needs, work, and lifestyle. The court also focuses on the educational, social, and emotional needs of the child. 

What can I do to increase my chances of getting custody?

Many parents who are seeking custody of their children, turn to an attorney for advice and representation during court hearings. Since the child’s best interest is the primary influence of custody determinations, showing how you are able to provide a caring, stable, and supportive home is crucial. Any history of mistreatment, or drug/alcohol abuse, can greatly hinder a parent’s chances at receiving custody. 

Can I move out of state if I have custody?

If you were awarded sole physical and legal custody, then you may be permitted to move out of state. However, each state has laws that pertain to what parents can and cannot do when relocating. Depending on the judgement during your divorce, you may be forbidden from leaving a specific geographical area. Parents who want to move, or prevent the other parent from moving out of state, may want to talk with a child custody lawyer in Austin, TX about what to do next.

What about visitation?

Visitation is often a component of a parenting plan. Parents can create a visitation schedule together through mediation, but they may still have to submit it to the court for final approval. In situations where the parents aren’t able to collaborate together, the court may establish the visitation schedule for them instead. Parents who were not awarded custody, are commonly ordered a reasonable amount of visitation. 

 


 

Thanks to Gray & Becker, P.C. for their insight into family law and fighting for child custody.

Benefits of Having a Living Trust

Personal Injury Lawyer

A living trust is an estate planning document that holds your assets in a trust during your lifetime. When you die, these assets will be transferred to the beneficiaries of your choosing. While living trusts are a little more expensive to establish than wills, they may have more benefits in the long run.

Here are some of the benefits of having a living trust.

Avoid Probate

Probate is a legal process in which a will is proved to be valid. It can be a long and tedious process. If an issue arises, it could potentially take months for your beneficiaries to receive their inheritances. If you put your assets in a living trust, you can help your beneficiaries avoid the probate process. Instead of waiting for months to receive their inheritances, they may receive them in merely weeks.

Increase Privacy

If you’re a private person, you’ll appreciate living trusts even more. Because a living trust doesn’t have to go through the probate process, it doesn’t become part of public record. This means that no one will be able to search public records for information about your estate.

Protect Minor Children

If you have minor children, you certainly want to leave them something if you die unexpectedly. However, young children aren’t mature enough to handle large amounts of money by themselves. If you put their inheritances in a living trust, it will hold the money until they are old enough and responsible enough to handle it on their own.

Reduce Estate Taxes

If you have a standard will in place, your loved ones may have to pay hefty estate taxes after you die. A living trust, on the other hand, can help them save money on estate taxes so that they can use more of their inheritance money on themselves.

Protect Yourself

A living trust also comes in handy if you become physically or mentally incapacitated. The person you select as successor trustee will step in and manage your affairs, including your own medical care, without the intervention of a court.

Protect Adult Kids

If you have adult children who are bad at handling money due to a drug problem or other issue, it makes sense to put their inheritance in a trust. The person you choose as the successor trustee can hold the money in trust and distribute to your child as needed.

If you’re considering establishing a trust, you should consult with an experienced estate planning lawyer in Rolling Meadows, IL. Trusts are very complex legal documents and you don’t want to risk making a mistake. They have helped hundreds of individuals create living trusts and are more than happy to assist you. We encourage you to call today to set up a consultation. 

 


 

Thanks to Bott & Associates, Ltd. for their insight into estate planning and benefits of having a living trust.

Types of Compensation for a Car Accident Lawsuit

Car Accident Lawyer

If you were involved in a car accident that was caused by the other driver, it is very natural to desire compensation for your financial losses. In most cases, the other driver’s insurance should cover your losses. Law requires all drivers to have enough insurance to cover the other people involved in an accident, but not everyone follows this law. If you find yourself in a situation where not all your losses are covered, your main option is to file a lawsuit against that individual. This guide will go over the types of compensation you can receive from a lawsuit.

Types of Damages

In a lawsuit, the compensation is called damages. There are three types of damages that can be received after a car accident lawsuit. These are:

  • Special compensatory damages
  • General compensatory damages
  • Punitive damages

Special compensatory damages are the simplest and the most common. They are essentially compensation for anything with a fixed monetary value. For example, a $1,000 medical bill falls into this category because it has an exact value: $1,000. Special compensatory damage can cover medical bills, damage to your vehicle, lost wages due to an injury, and more. If its monetary value is objective, then it is special compensatory damages and can be recovered in a lawsuit.

General compensatory damages refer to all losses without a fixed value. Most of the time, pain and suffering are the primary types of damages in this category. Suffering physical or emotional pain can still qualify for compensation. In fact, you may even be able to be compensated if the accident somehow caused a divorce. Any type of non-financial loss can qualify. The judge will decide exactly how much losses of this type are worth monetarily.

Punitive damages refer to payment that is assigned to the responsible driver as punishment. Punitive damages are not meant to compensate the victim. After a car accident, punitive damages are usually only assigned if the other driver was drunk. They are meant to punish extremely irresponsible behavior. If the collision was unintentional and both drivers were sober, it is very unlikely that punitive damages will be assigned.

Remember, if you hope to file a lawsuit to receive compensation for your car accident, the very first thing you should do is speak with a car crash lawyer in Indianapolis. Filing a lawsuit may not be necessary, but you will only be able to learn the alternatives by speaking with a legal professional.

 


 

Thanks to Ward & Ward Law Firm for their insight into personal injury claims and types of compensation for a car accident.