LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Tue, 28 Jun 2022 11:58:16 -0400 4 Mistakes to Avoid in a Car Accident Claim According to the National Safety Council, the United States records over 2.35 million passenger car accidents each year. And while many of these are minor fender benders, a significant number result in serious injuries or even death.

One thing all these accidents have in common is the potential to result in an insurance claim. And while insurance companies are required by law to provide coverage for accidents, they're in businesses with a bottom line to protect. This means they're often looking for ways to minimize the amount of money they have to pay out on claims.

This can be frustrating and even overwhelming for those who have been involved in an accident and are simply trying to get their lives back to normal. But there are some things you can do to help make sure you're not taken advantage of and that you receive the full amount of compensation you're entitled to.

Here are some of the most common mistakes to avoid when filing a car accident claim.

1. Not Calling the Police

For many people, the first instinct after a minor car accident is to exchange insurance information with the other driver and be on their way. But this is a mistake. According to http://bbjlawyers.com/, even if the damage appears to be minor, it's always best to err on the side of caution and call the police.

The police will create an official report of the accident. This can be important later if there are any disputes about what happened or who is at fault. It can also help to corroborate your account of events if you need to file a personal injury claim.

2. Not Seeking Medical Attention

Another mistake people often make is assuming that because they don't feel injured, they must not be. But it's important to understand that many injuries, such as whiplash, may not present themselves until hours or even days after the accident occurred.

This is why it's always best to seek medical attention as soon as possible after an accident. Not only will this ensure that you get prompt treatment for any injuries, but it will also create a record of your injuries that can be used later to support your claim.

3. Accepting the First Settlement Offer

When you're dealing with an insurance company, it's important to remember that they're not your friend. Their goal is to minimize the amount of money they have to pay out on claims. And one way they do this is by offering a low initial settlement offer.

This may be tempting, especially if you're eager to put the accident behind you. But it's important to understand that the first offer is almost always well below what you're actually entitled to.

Before accepting any settlement offer, be sure to consult with an experienced car accident attorney. They can help you determine what your claim is actually worth and negotiate with the insurance company to get you the full amount you deserve.

4. Not Hiring an Attorney

You may be wondering, “What does a car accident attorney do?” Many people believe that they can handle their own car accident claim without the help of an attorney. But this is often a mistake. Insurance companies have teams of adjusters and lawyers who are experienced in handling these claims and minimizing the amount of money they have to pay out.

An experienced car accident attorney level the playing field. They can help you gather evidence, negotiate with the insurance company, and even take your case to court if necessary.

Don't make the mistake of trying to handle your car accident claim on your own. Hire an experienced attorney who can help you get the full amount of compensation you deserve.

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5 Types of Evidence in a Car Accident Claim When you’re involved in a car accident, it often feels like your world is upside down. You have questions and no answers, your reality has been turned upside down, and your life has been turned upside down. Several types of evidence can be used in a car accident claim to prove your case and support your arguments. Evidence is anything that can help verify facts in a case. Here we will discuss five types of evidence in a car accident claim, what they are, and how they can be used.

1. Police Reports

Police reports contain information about what happened during the crash and how each driver was involved in the accident. These reports are considered direct evidence because they are written by police officers who inspected the scene and have notes on what happened at that time.

Police reports can also support other evidence in a car accident claim, such as witness statements, medical records, and surveillance footage from a video camera located at an intersection near the accident. For more information on the role of police reports in car accident claims, visit https://emersonstraw.com/st-petersburg-car-accident-lawyer/.

2. Videos

Videos show what happened at the scene of the collision. You will want to record everything that happens so you can use it later to prove your case. You can do this using a camcorder or smartphone. If the other driver was responsible for the accident, you could record the incident from start to finish. You can set up your device to start recording as soon as the accident happens. Then, it would be best if you continued to record until the police arrived to take your statement. Once this is over, keep the device and any recordings for later use.

3. Witness Accounts

Witness accounts can be in the form of someone who saw the accident or was involved in the incident. It may be a friend who was with you at the time of the crash or a passerby who witnessed the event. These witnesses can be extremely helpful in determining who was at fault. If you can get more than one person to back up your account, this can be even more helpful.

4. Photos of Damage

Photos show the extent of the damage to the vehicles, including the scope of any injuries. You may be able to create your images using a smartphone or a digital camera. If you have photos of the damage to the vehicles, this can also help prove your case. Even if you weren’t in the car at the time of the collision, you can use these photos to show that the other driver’s car was damaged. This will demonstrate who was at fault and why you were injured.

5. Car Safety Audits

This is a review of your driving record and the condition of your vehicle. It can help you show that the car was in good condition and that you were not at fault in the collision. A car safety audit is done by an independent auditor not affiliated with your insurance company. This auditor will review your driving record and your vehicle. If there are any issues or problems, the auditor will let you know.

Depending on the circumstances of your crash, it may be necessary to prove your case with evidence. Evidence can take many different forms. To get compensated for your injuries, you need to show that the other driver was at fault and that you suffered an injury. A personal injury attorney will help you prove this by using the evidence to back up your case.

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Tips for Riding a Motorcycle Safely in Winter To Avoid Accidents Have you just purchased a motorcycle and want to enjoy the winter months by exploring your city on it? If yes, you must get acquainted with the safety precautions to take when riding a two-wheeler in winter. While safety is of utmost importance, no one can reverse the harm if you get injured. Of course, claiming compensation might become easy if you hire a competent motorcycle accident lawyer. Read on to find some useful tips for riding a two-wheeler safely in winter. 

Invest in a Weather-Sealed Helmet

To maneuver your motorcycle smoothly you must see everything around you clearly and must remain comfortable when riding. All these become slightly difficult during the winter months due to cold wind, sudden snowfalls, etc. One way of increasing your visibility and comfort when riding is wearing a weather-sealed helmet. 

If you are using a helmet that has been with you for several years, there is a high possibility that the gear no longer has its weather-protective layer intact. If you use the same helmet when riding, the cold wind will keep hitting your face as you’ll ride the motorcycle. This will cause serious discomfort for you and prevent you from focusing on the main job i.e., riding. 

So, before you start riding during the chilly winter months, check your helmet. If the helmet is not in a good condition, buy a new one. 

Use Riding Gloves 

You’ll never be able to ride comfortably in winter if you don’t wear a pair of riding gloves. If you don’t do so you’ll need to put your hand in your pockets time and again. This might result in loss of balance and eventually lead to an accident. Make sure the pair you buy only has as much padding as you need. If you end up purchasing gloves that have pads that are too thick, you’ll not be able to ride comfortably. 

Always Use Boots Offering a Nice Grip

When riding in winter, you’ll keep stepping onto surfaces covered with snow and frozen sleet. And if you go to places that didn’t have any snowfall, you will need to deal with grounds that are extremely cold. Whatever might be the case, getting a nice grip upon placing your feet on the road is almost impossible during winter. The only thing that can help you to get a perfect grip is a pair of boots designed keeping in mind the needs of riders. 

If you wear boots that offer a nice grip, you’ll also be able to avoid slips caused by invisible layers of dew or water present on the road. 

Use the Hazard Lights When Needed 

The winter months reduce the visibility of riders significantly thanks to the thick fog covering our surroundings. Keeping the hazard lights of your motorcycle switched on even when riding during the daytime will allow other vehicles to spot you easily even amidst the thick fog. This will prevent you from becoming a victim of a crash. 

Final Words

Other than following the above tips, you must also remember that you should never ride your vehicle when under the influence of alcohol. This rule stands true for all seasons not just for the winter months. 

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Mistakes to Avoid After Being Involved in a Slip and Fall Accident Slip and fall accidents happen every day. While these accidents may seem minor, and many are, they can also be more serious and result in more severe and longer-lasting injuries.

The truth is, anyone can be the victim of a slip and fall accident. It doesn’t matter their age or health. Even though these accidents are common, the injuries that occur can range from a few bruises to broken bones and even traumatic brain injuries.

Because of how serious these accidents can be, it’s important for slip and fall accident victims to take steps to protect their rights. Along with protecting their rights and getting in touch with a personal injury attorney, it’s also important to avoid some of the most common mistakes made after a slip and fall accident.

Keep reading to find out what these mistakes are and what you can do to avoid making them.

Understanding the Impact of Slip and Fall Accidents

Slip and fall accidents are one of the top causes of emergency room visits, with more than one million visits every year. The most serious consequence of these accidents is fractures, and up to five percent of people who are involved in this type of accident will experience a fractured bone. Also, over 15K people who are over the age of 65 will pass away each year due to a fall.

Injuries that occur during a slip and fall accident often cause extensive medical bills. These can start to pile up, especially if the injured party is unable to return to work. Also, some people will require ongoing care and rehabilitation after this type of accident and injury.

One way to recover some of the damages and costs related to a slip and fall claim is to file a personal injury lawsuit. However, this can be challenging, so it is also recommended that you work with an experienced personal injury attorney to ensure you receive the compensation you deserve.

Now that you know the potential impact of a slip and fall accident, you also see how important it is to protect your right to compensation.

Here are the most common mistakes to avoid after being involved in a slip and fall accident.

Mistake: Not Keeping Detailed and Organized Records

It is essential that you collect, document, and organize all records that are related to your accident. This includes things like reports from your doctor and the police, receipts for treatment and medical services, photos, emails, and any other documentation that can be used to help prove how the incident occurred and the impact it has had on your life.

Mistake: Not Filing a Claim Right Away

Another mistake that many injured parties make after a slip and fall accident is waiting to take some type of legal action. While it may seem easier just to tolerate the injuries you suffered and cover the costs out of your own pocket, you should not do this. If you do not take legal action when you can, there is the risk that important evidence will be lost. You may also miss the filing deadline.

If you experience an injury in a slip and fall accident, you need to take immediate action. This includes contacting a personal injury attorney to help you file your lawsuit and recover the compensation you deserve.

Mistake: Not Consulting with a Personal Injury Attorney

If you suffer an injury in a slip and fall accident, it’s important to contact a lawyer right away. Proper legal representation is going to give you the help necessary to navigate the time-sensitive and complicated legal proceedings that you must go through. If you attempt to deal with the legal elements of your situation and recover, it can hurt you in many ways.

Let an experienced attorney take over the legal aspect of your case. They can handle everything from gathering evidence and interviewing witnesses to getting ready to go to trial (if this is necessary).

Avoid These Mistakes for a Successful Accident Claim

If you want the best chance of having a successful accident claim after being injured in a slip and fall accident, be sure to avoid the mistakes above. Doing so will help you prove that another party was responsible for your accident and injuries and will allow you to recover the maximum amount of compensation possible for your injuries.

Being informed is an important part of the accident claim process. Use the tips here and contact an attorney right away if you find yourself in this situation. This is going to pay off in the long run and help you with the claims process.

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Signs You Need a Workers Comp Lawyer Any injury you sustain at work needs to be reported right away so that you are eligible for workers compensation. Your employer pays into this account every month so as long as you’re a hired W2 employee, you are entitled to compensation for any injury you get while on the job. But, just being eligible to get reimbursed doesn’t mean you’re getting everything you deserve. There are times when you’ll need a workers compensation attorney to make sure your rights are protected. Here are some signs that you should hire a lawyer right away.

Your Benefits Are Delayed or Denied

If you aren’t receiving payments for your medical bills and missed wages that are due to a work-related injury, an attorney can help speed the process along. Delays are part of insurance companies’ tactics to avoid paying claims or to force a smaller settlement after you get impatient with waiting for them to pay.

Additionally, your claim might initially be denied, whether it’s because you missed the deadline for filing or they don’t think your injury was work-related. Maybe you didn’t know you needed to file a claim by a certain date or you saw the wrong doctor at first. Whatever the reason is for your denial, an attorney can fight the insurance company’s decision on your behalf.

You Have a Pre-Existing Health Condition

Any type of pre-existing health condition from a back injury to a heart problem can be used to deny your claim as work-related. For instance, if you injure your knee while on the job, your employer or their insurance company might say that you wouldn’t have injured your knee if you hadn’t had a bad back that prevented you from safely performing your job duties. An experienced workers compensation lawyer will be able to use their resources to prove that your injury wasn’t related to your pre-existing health condition, but was instead suffered as a result of what you were asked to do on the job.

You’ll Be Out of Work for an Extended Time

Hiring a workers comp attorney is almost mandatory if you’ve suffered a severe injury on the job that will prevent you from working for an extended time. Your employer and their insurance company will try to limit their damages because they don’t want to pay for an employee who isn’t contributing to their bottom line anymore. They may attempt to cut off your payments after a certain amount, leaving you without a way to pay your bills.

When you’re injured and not able to work, the last thing you need to be worrying about is money. A workers compensation lawyer will remove that burden from you by ensuring your medical bills are paid or deferred while the negotiations with your employer and their insurance company are ongoing. This is particularly important if you’re unable to work any job at all during this time because you’re going to need an income to take care of your financial responsibilities. 

Conclusion

The short answer to whether you should hire a workers compensation attorney if you’ve been injured on the job is, yes. In almost all cases, having an advocate by your side during the process will help you get the compensation you deserve.

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6 Things To Know About Wrongful Death Claims You might be wondering what to do if a loved one dies as a result of someone else's negligence. To begin, you should hire a lawyer who specializes in this subject; they will know the best techniques to follow and will have handled a variety of instances. 

Also, it's critical to find someone who knows what they're doing because the compensation procedure can be time-consuming and intricate. Therefore, before pursuing a wrongful death lawsuit, you should know a few things:

1. Choosing the Right Legal Counsel Is Crucial

No one knows the ins and outs of wrongful death law like a wrongful death attorney. They will be able to guide you through the entire process, assist you in gathering the necessary evidence, and ensure that you receive fair compensation for your loss, you can check this out to find the best solution for your case.

A good lawyer will never promise you a victory, but they will work very hard to obtain for you the justice you deserve. However, if you don't have the financial resources to hire an attorney, many will operate on a contingency basis. This means they only get paid if you win, making them even more motivated to assist you.

2. Negligence Must Be Proven

You must be able to prove that someone else's negligence was the cause of the death in order to win a wrongful death lawsuit. This can be tough. However, it is surely feasible with the assistance of a lawyer. They'll look into the incident or accident and gather evidence to back up your claim. Witness statements, police reports, medical reports, and other documents may be a part of the process. 

3. There could be multiple parties to blame.

It is not always straightforward to determine who is to blame for wrongful death. For instance, in many cases, multiple parties are at fault. This can make the compensation procedure more difficult. However, a smart lawyer can piece everything together and get you the money you deserve.

For example, the person or company who was the cause of the fatality, the producer of a defective product or the property owner where the accident occurred could all be held accountable.

4. Remember that there is a statute of limitations

A wrongful death claim is subject to a statute of limitations in most states. This means you must file your claim within a specified amount of time after your loved one died, or you may be denied.

The statute of limitations in New York is two years after the date of death. Although this may appear to be a lengthy time, it is critical to get started as soon as possible to minimize any delays. 

5. You might be eligible for compensation for your losses.

You may be eligible to obtain damages for your losses if your loved one died as a result of someone else's negligence. Medical bills, funeral and burial fees, lost pay and benefits, loss of companionship, pain and suffering, and other expenses are all part of the possible compensation. Punitive damages may be paid in specific situations to punish the party who was the cause of the death.

In addition, you may be eligible to bring a product liability claim against the manufacturer if a defective product was the cause of the death.

6. Patience is essential.

Nobody wants to go through a drawn-out legal process. However, that is often the reality in wrongful death cases. The process of bringing a wrongful death lawsuit can be lengthy and tedious. Therefore, patience is essential.

It's also crucial to understand that no amount of money will ever be able to bring your loved one back. Nevertheless, it will assist in alleviating the financial weight you're currently carrying. Furthermore, the sooner you file your claim, the sooner you can begin the healing process. To discover more about how you might get started, speak with a wrongful death lawyer.

If a loved one has died as a result of someone else's negligence, it's critical to understand your rights as well as your next steps. In order to receive compensation for your losses, you will almost always need to file a wrongful death lawsuit. Therefore, before filing for compensation, prepare yourself by thinking about these six points.

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Medical Treatment for Back Injuries Can be Costly Out of all the injuries, victims can sustain in a car crash, back injuries are the most frequent. Back injuries can happen in even minor fender benders simply because of the unnatural motion of two or more cars colliding. Other types of accidents can also cause back injuries, such as occupational injuries and slip and falls.

When a back injury occurs, it can dramatically affect the victim’s life. They may not be able to go to work or even care for themselves. They may need surgery, months, or even years of therapy and pain medications. If you suffered a back injury because of the negligence of another party, call a skilled personal injury accident lawyer as soon as possible to ensure you seek the compensation you are entitled to receive.

Medical Bills

Before a back injury can truly be treated, it must be diagnosed. The process of diagnosing a back injury can be lengthy, complicated, and expensive. You may require various tests such as an MRI, CT scan, or x-rays. These expensive tests will drive up your medical bills, and you might be sent to multiple specialists. If you need to have back surgery to treat your injury, it might come at a price tag of $80,000 or much more.

Your doctors may also recommend physical therapy, occupational therapy, medications, and other treatments. They might also suggest the use of expensive medical equipment such as back braces, TENS units, or cervical traction devices. If your injury was the result of an accident, your health insurance carrier might refuse to pay for your medical expenses because someone else could be liable. 

Lost Wages

Even if you are able to physically keep working while being diagnosed and treated for your back injury, you will likely miss hours at work to travel to your medical appointments. These lost wages will quickly add up, further increasing your financial damages. When you hire a well-versed personal injury accident attorney, they will help calculate your total financial damages to assist you in getting compensation to pay for these medical expenses and lost wages.

Did You Suffer a Back Injury in an Accident? Reach Out to a back injury attorney Today

Sometimes accidents happen and you must pay for them out of your own pocket. Other times, accidents aren’t really accidents, but incidents that occur because other parties acted negligently.

Attorneys will take the time to listen to you and truly understand how your injury has changed your life, they will fight for a fair settlement that includes both your economic damages and your non-economic ones as well. You might also be eligible for compensation for future medical costs.

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How to Deal with Uninhabitable Living Conditions in your Rental

Is staying home a nightmare because of the state of your apartment? Few things are as frustrating as dealing with issues that go unrepaired. It is inconvenient, but in most scenarios, it can also threaten your safety and well-being.

This article reveals how to deal with uninhabitable living conditions in your rental. Stick around if you want to know the signs of landlord negligence and what qualifies as uninhabitable.

Characteristics of a Bad Landlord

●     They ignore complaints

Savvy landlords always budget for repairs and maintenance of their rental property. Hence, they're often prompt to make fixes when the need arises. However, if your landlord dodges your calls or fails to resolve the issue timely, that's a problem. You should report a lousy landlord for unsafe conditions.

●     There’s no lease

It would help if you always insisted on signing a lease before moving into a new home. A rental agreement provides legal protection to both parties, and a good landlord would be aware. Without a lease, forcing the property manager to make changes can be challenging.

●     They have negative reviews

Like landlords have the right to ask you for previous references, you can also ask their past and current tenants for their reviews. Feel accessible to source for more details from people living on or around the property. You can even look up the place online for more hints. 

What is an Implied Warranty of Habitability

An implied warranty of habitability refers to a guarantee that a rental home meets the minimum safety requirements. It means that a property is safe and sound before a tenant moves in and that the landlord will remain that standard throughout the tenancy. Most leases can effectively act in this capacity. However, moving into a home you know has issues can violate the warranty. Otherwise, an implied warranty of habitability lets you sue your landlord if they fail to make necessary repairs within a reasonable time.

What Makes a Property Uninhabitable

1.   Structural Issues

One of the foremost concerns that make a property uninhabitable is structural issues. Problems with the roof, walls, or foundation can cause serious safety concerns and personal injury. For example, water can get in and damage your property if your roof is leaking. Further, it could even lead to electrical problems as the water seeps into the walls.

2.   Absent Utilities

Living without vital utilities can be stressful and inconvenient. Imagine being unable to charge your devices because the power is out or taking a cold shower in the middle of December. Neither of these scenarios sounds pleasant and should prompt immediate action by a responsible landlord.

3.   Pest Infestation

If you have a pest infestation of termites, rats, or other vermin, your house could be unlivable. Such rodents and insects threaten your health and the safety of your property. 

4.   Lead Paint

Lead paint poses a significant risk to the health and well-being of the residents. Studies show that it can lead to multiple respiratory issues and lung cancer in the long run. Thus, the law requires landlords to inform their tenants if such paintings are present in the house even when covered. However, paint chips might reveal the more durable lead one underneath. You have to report such issues promptly so the landlord can address them.

5.   Mold Growth

Mold is another issue that threatens your health. These microscopic fungi grow in damp places and release toxic substances that cause nausea, itchiness, or more serious medical conditions. It can also damage your furniture and personal belongings. Mold growth is a housing code violation, so you should report it as soon as possible. 

6.   Broken Fixtures

Finally, broken fixtures can make a house inhabitable. Bad toilets, sinks, or pipes make it hard to remove wastewater. Thus, you must report any plumbing problems to your landlord or property manager.

Legal Steps Tenants Can Take

●     Send a Written Notice

If you're having issues with your landlord, the first legal step you should take is to notify them. Send a written notice detailing the complaint. You should include the problem, when it started, and any resultant effects. If the property owner doesn't respond within a reasonable period, you can take further action.

●     File a Complaint

Next, you can file a complaint with the local authorities. If your landlord is unresponsive, you can report the issue to housing officials, who will send summons or force them to fix it.

●     Get a Lawyer

Alternatively, you could hire a lawyer. As a tenant, you're entitled to live in a habitable condition, and if your landlord violates your lease, you can sue. You're well within your rights to request reimbursement. The court can demand the property owner reimburse you for any lost wages, damaged belongings, or distress you incurred.

Conclusion 

We hope you found this article insightful. Learning how to deal with uninhabitable living conditions in your rental can make life more bearable. Also, knowing the warning signs of a bad landlord can help you steer clear of such arrangements. If the property owner has already violated the implied warranty of habitability, then you're within your right to sue them. You should follow the proper legal steps when your house requires necessary repairs.

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How To Determine Employment Severance Agreements? The company may try to convince workers to sign a separation or severance agreement at the conclusion of their employment. Essentially, the employee agrees not to sue their former employer by signing this agreement. Employees are more likely to sign a separation agreement if they are promised severance money in exchange for their cooperation. Severance and separation agreements are generally part of the normal operating procedure of a given company. In addition, the corporation may be concerned about being sued on a sensitive topic.

Severance agreements should spell out exactly what each party is entitled to and obligated to in order to avoid any misunderstandings down the road. The severance agreement dispute is a tool an employee can use to negotiate and improve their final monetary payout. To safeguard the employer and its reputation, the severance agreement serves as a means of ending any future conflicts and avoiding a potential lawsuit.

Agreements For Severance And Separation

The conditions of an employment contract or company rules may demand the payment of severance pay if you leave your position. There is no severance pay or supplemental compensation when a job is terminated in other industries.

After a layoff or termination, severance payouts and separation agreements are commonplace. It is not legal for an employer to require or coerce an employee to sign a separation agreement in which the employee agrees to absolve the employer of any legal responsibility. To avoid having to enforce a severance agreement that an employee signed because they were compelled to, the court might look into whether or not they were duped. Severance payments are not illegal, but they can be a form of compensation from an employer if an employee waives his or her right to sue the corporation.

It's easy to see how crucial these severance agreement disputes might be for a company when you consider these dynamics. Former employees may be legally bound to refrain from exposing confidential information about the company under the terms of an enforceable separation agreement.

Legal And Binding Separation Agreements

A severance agreement is not enforceable merely because it was signed by an employer and an employee. After a separation agreement has been executed, it is usual to question its legality or enforceability. Several terms and conditions may be prohibited in Massachusetts as a matter of public policy. If the severance agreement contains unenforceable clauses, the court may be entitled to strike certain portions or declare the agreement null and void.

Disputes After Parting Terms

Even when a severance package and other terms of separation have been agreed upon by an employer and a former employee, the relationship is not always over. To avoid being bound by the severance agreement terms, an employee may return and demand additional money or threaten to sue the company for breach of contract. To enforce the agreement or obtain back severance, the employer may have to file a lawsuit. Alternatively, the employer may have to file a lawsuit.

Alternatively, he or she may not pay out the entire severance payout. The ex-employee has the option of bringing a lawsuit to enforce the severance agreement and demand full compensation.

If you're involved in a severance or severance agreement dispute case, you should consult with a seasoned Severance lawyer. Negotiation, enforcement of the agreement, or monetary compensation for your losses are all options that your lawyer can assist you with.

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Questions to ask before hiring a personal injury attorney You should thoroughly investigate the lawyer before you retain a personal injury attorney to help you with your accident. And make sure the lawyer is the right choice for your case.

1. Who is going to handle my file?

This is probably the most important question that a prospective client can ask an attorney on a personal injury case. Many clients make the mistake of hiring an attorney who does not do work on the file but delegates it to an inexperienced attorney for handling. Or worse, a paralegal

The dilemma is frequent in large law firms and in smaller firms with a high-volume practice. If the law firm advertises on the radio, tv, or other media, it is probably a high-volume law practice. In other words, you didn't get the attorney you thought you were getting to handle your case. 

Personal service by your lawyer is important and likely not going to happen when the firm handles hundreds or thousands of cases. Getting a commitment from the lawyer you interview to take your case personally is vital. 

Be wary of the evasive answer. Who does the work matters? If the senior attorney is going to "supervise" the case or "personally oversee," someone else will be doing the work on your case?

2. How many cases do you currently have open?

Probably the biggest single complaint that personal injury clients have is that they cannot get their attorney on the phone and cannot get a reasonable response when inquiring about the status of their case. 

Attorneys and law firms who sign up hundreds of cases physically do not have the time to give great service to any one client. If you hire a law firm that handles many cases, the odds of you being satisfied with the representation will go down significantly.

3. Who will respond to my calls?

You need to make sure you know who your contact person is for your case. If you can call and get the attorney you hired on the phone, you are probably in pretty good hands. If you can never get your attorney on the telephone, you may have made a poor choice for your case.

Understand, by the nature of the personal injury law practice; there are times when an attorney may be unavailable for days. Trials are intensive and require focus. If your attorney is in court, they will be unavailable then for telephone calls.

If your case gets to court, others will not be able to speak with the lawyer as they are focused solely on your case.

4. What expenses do you get paid out of the file?

Sometimes hidden in the fine print of an attorney employment agreement is a provision for expenses that are not normally part of a file. 

Some attorneys may charge an "expense" for maintaining a file. Some may charge as an expense for copies, postage, fax charges, and things like mileage for travel to and from depositions in the courthouse.

Other attorneys will charge only for hard out-of-pocket expenses such as court costs, deposition transcripts, expert witnesses, and filing fees. Don't get "expensed" to the poor house in your personal injury case. The Baumgartner Law Firm in Houston only charges for hard out of pocket expenses, like deposition costs, expert fees, and court costs.

Understand the costs to be reimbursed before hiring the attorney.

5. Can you give me the telephone number of a recent client you represented?

While the attorney may need to get permission to give you a client's phone number, there is no doubt that actual clients are the best source of referral for what to expect with an attorney or law firm. 

Alternatively, you can look at google or yelp reviews. However, be cautious of lawyers with hundreds of reviews or even a thousand or more. They are either high-volume firms or gaming the review process. Either way, it's not a recommended hire.

6. Other information

Much other important information can be gathered from the Internet. Many state bar associations have a website with listings on all attorneys that includes such things as grievances. Other sources can be important in the assessment of the attorney you are considering for your personal injury claim. Peer-reviewed awards are the only ones to take seriously. 

Generally, the more serious the injury, the more important the choice of an attorney is for you and your family's future.

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Uncategorized https://www.lawresolution.com/blog/questions-to-ask-before-hiring-a-personal-injury-attorney/ https://www.lawresolution.com/blog/questions-to-ask-before-hiring-a-personal-injury-attorney/ Editor Thu, 12 May 2022 10:18:39 -0400
What Legal Paperwork Is Needed for a Fast Divorce in Alabama? An uncontested, or simple, dissolution is a fairly easy process to complete. Couples deal with the major concerns of the dissolution in between themselves, consisting of alimony, division of possessions, and child safekeeping. They can complete their divorce with or without the aid of attorneys, and primarily avoid court visits as well as the costs that accompany it. Certainly, one of the most laborious parts of this process are the documents. This post will describe and also offer a quick study of the most frequently filed documents that couples will need to complete so as to get divorced in Alabama.

The Complaint, or PS-08, recognizes the Plaintiff (the one looking for the divorce) and the defendant (the individual that will certainly be receiving the documents), details the marital relationship background, and also determines the reasons that the parties can no longer continue in their marriage. The language will certainly state something to the effect that the marriage is irretrievably broken which the events are past the ability to fix it. The PS-08 is frequently filed with a Marital Settlement Arrangement in cases where both events agree to the separation, as well as it should be signed in front of a Notary Public.

The Solution, Waiver, and Arrangement for Taking Testimony document is an acknowledgement by the offender, in which they forgo the "right of service of civil procedure," while requiring proof of the allegations against them.

The Testimony of the Plaintiff is a notarized testimony that offers the grounds for the dissolution of the marriage. This is where you will certainly see language like "irreconcilable difference of the marriage," and other reasons for the no fault divorce. Also, if required, the Testimony will mention that the accused is not a member of the armed forces.

The Sworn statement of Residency states that the complainant satisfies the residency needs for a divorce in Alabama (in that they have lived right here for at least 6 months).

A Request for Divorce Reasoning by Default is filed by the Plaintiff on the occasion that the defendant does not reply to the summons within a 30-day due date.

For couples with children, there are a number of papers that connect to protection and also support. The first is the Child Support Details Sheet (CS-47), which resembles the PS-08, in that it determines the participants of the family, days of birth, residency, and work area of the moms and dads. The Kid Assistance Responsibility Earnings Statement, CS-41, details the made income, or lack of earnings by each partner. It likewise mentions what, if any, insurance protection exists for the child(ren). The Child Assistance Standard Form (CS-42) determines child support repayments based on the adjusted gross income for the month, the percentage of combined revenue, and any kind of insurance premiums or expenses.

The CS-43, or Child Assistance Guideline Notification of Conformity, is a paper that both parties will certainly sign, recognizing the role that the judicial system holds in the determination of child support, that these criteria have been satisfied, as well as if they have not been satisfied, the record will certainly describe the reasons that. A Standing Pre-Trial Order prevents parents from pestering the various other, or from getting rid of kids from the state. This order might likewise require moms and dads to take a Change in Parenting course to help them make the change to being co-parents. An Order of Child Assistance establishes the quantity of money that the noncustodial parent is called for to pay in child assistance, while the Withholding Order Settlement of Child Support (CS-23) is created to keep a percentage of salaries from the noncustodial parent. The Guidelines for Employer, Answer to Order of Withholding, and also Order of Service and also Return, connect to exactly how earnings are garnished from the noncustodial moms and dad. The very first educates the person's company that wage garnishment will be happening in accordance with the Order of Child Support, while the 2nd and 3rd files placed the process moving.

As stated earlier, the documents that couples require to declare an uncontested fast divorce in Huntsville are numerous, however they are not impossible to complete. With a little initiative, and also the assistance of a family law attorney, this procedure can be fairly smooth.

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5 Most Common Types of Personal Injury Cases

A personal injury case comprised all the forms when a person gets wound due to someone else's ignorance and intentional behavior. It is a large field of law that contains numerous kinds of harm.

It is entirely within your rights to seek the individual who has been the source of your damage to obtain compensation for your losses. You should consider consulting with a professional Chicago personal injury lawyer if you are a resident of the city and are involved in an accident that results in personal injury. An experienced Chicago legal practitioner will guide you through every stage of the process.

Let us learn the five most popular types of personal injury cases in Chicago.

Vehicle accident injury case

In the event of an accident involving an automobile such as a car, motorcycle, truck, or any other type of vehicle, the case falls under the category of vehicle accidents injury cases (also known as vehicle accidents). If you are not at fault, you will be entitled to compensation for your injuries and losses.

In this regard, you must retain the services of an experienced and knowledgeable Chicago personal injury attorney who will guide you through every step of the legal process. They are looking for your medical records and other vital documents that will assist them in filing the lawsuit quickly and efficiently.

Worksite accident case

The individual claim of someone who has been hurt or killed while working as an employer is considered a worksite accident case under the law. When it comes to the safety of their employees, the vast majority of business owners are careless. In addition to causing significant harm and severe injuries that last for a lifetime, You can acquire evidence of your damage.

 If you are unable to do so, you should seek the assistance of a skilled lawyer who can reimburse you for your injuries and safeguard your legal interests. They will assist you in communicating with your insurance providers who are not legally paying for your life insurance.

Medical malpractice case

Numerous significant injuries and deaths have been reported, many of which result from the negligence of doctors and other paramedical professionals. When we talk about "medical malpractice," we're talking about a wide range of different types of failure in the medical field. These include things like the wrong diagnosis, abusive behavior, and unfair treatment. We're also talking about things like surgical failures, adverse drug reactions, birth injuries, and the failure to diagnose severe diseases. All of these circumstances fall under the umbrella term of "medical malpractice."

If you or a loved one has been injured due to any of the aforementioned situations, you should consider filing a lawsuit to recover your losses and obtain compensation. You are welcome to seek assistance from any of the legal professionals.

Wrongful death

As you can see from the name of the lawsuit, it was filed when someone was killed solely due to the negligence and carelessness of another. It has been documented that most wrongful deaths occur in automobile accidents. Plane crashes, nursing malpractice, and construction site negligence are also included in this category of wrongful deaths.

If you file a wrongful death lawsuit, you would almost definitely be able to recover all of your losses, which are distinct from those resulting from non-fatal incidents. Suppose you are also burdened with medical or funeral bills. In that case, these will be included in this case, and you will be able to seek legal support from qualified professionals readily.

Product liability

When risky and defective products were sold, it resulted in massive harm and, in some cases, death. This is all due to the fault of the manufacturer, and you should definitely pursue them for their irresponsibility. The following are examples of hazardous objects: potentially harmful pharmaceuticals and foods, home products and children's items, medical instruments, and toxic chemical compounds.

Suppose a potentially dangerous product has injured you. In that case, you should consult with a personal injury attorney to help you identify the guilty parties for your injuries and recover damages as soon as possible.

Final words

Numerous more personal injuries might result from these types of incidents. If you have been hurt as a result of someone else's wrongdoing and you believe that you are correct and that they are at fault, you should contact our legal team, who will assist you in obtaining compensation. In addition to possessing substantial legal knowledge, exceptional negotiation skills, and decades of trial experience, we put up significant effort on your behalf to achieve the compensation you deserve. Don't try to deal with the insurance company on your own when a Chicago personal injury lawyer is there to assist you.

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Uncategorized https://www.lawresolution.com/blog/5-most-common-types-of-personal-injury-cases/ https://www.lawresolution.com/blog/5-most-common-types-of-personal-injury-cases/ Editor Wed, 04 May 2022 12:35:11 -0400
Attorney Samuel Dewey Asks, How Is Congress Responding to Russia? When Russia invaded neighboring Ukraine on February 24, President Joe Biden promised swift action to hold Russia accountable.  As attorney Samuel Dewey points out, the Congress also has a role to play in responding to Russia’s aggression.

But, what is Congress' role in response to Russia's actions in Ukraine, and how are they already responding?

Balance of Power

One of the tenets of the U.S. Constitution is the balance of power.  The Constitution established three branches of the federal government—executive, legislative and judicial—to serve as a method of checks and balances, ensuring no one branch possesses unconstrained power.

This applies to the United States’ response to Russia.  The President and Congress share powers related to foreign affairs.  While the President serves as the Commander in Chief of the military, only Congress possesses the power to declare war.

While the U.S. hasn’t declared war on Russia nor sent troops to support Ukraine directly, the President would need Congress’ approval to do so if it ever came to that.

Deferring that Power

President Biden has signed multiple executive actions that have imposed sanctions on Russia’s government officials, some companies, and even oligarchs who are considered close to Russian President Vladimir Putin as well as their family members.

Congress technically has the ability to check President Biden on these sanctions, but it's chosen not to do so thus far.  In fact Congress has acted to facilitate President Biden’s actions, and has proposed even more aggressive sanctions on a bi-partisan basis.

Rubio, the top Republican serving on the Senate Intelligence Committee, said in mid-February that Biden “doesn’t need a bill to do the sanctions.”  At the same time, he said, “Congress not passing a bill isn't going to change our ability to respond to this.”

Taking Action

In many ways, Congress is taking swift action to enact more measures targeted at Russia.  In early March, for example, Congress approved a bill that, in part, will provide Ukraine with $13.6 billion in aid.

What Congress is planning next is more direct action that would end the normal trade relations the U.S. has with Russia. President Biden has already said he would back revoking Russia’s trade status as a "most favored nation," and Congress is working to enact such a bill.

As Sam De