If your parent was recently killed as a result of someone else’s actions, there are so many things you need to be aware of before you can start the legal process of pursuing compensation. This on top of everything else you are going through can be a lot to handle. This short guide is meant to help you begin to understand what your options are as an heir, as well as explain what survival action is.

Wrongful Death Lawsuit

The appropriate kind of lawsuit for you to file is most likely a wrongful death claim. This is the lawsuit that can be filed on behalf of the deceased in order to be compensated for the wrongdoings of others. Wrongful death lawsuits are most commonly filed after car accidents, medical malpractice, and intentionally inflicted injuries. Basically, if a death was the result of someone’s negligence or intentional assault, a wrongful death lawsuit is probably an option.

Who Can File?

As an heir, are you allowed to file a wrongful death lawsuit for your parent? The answer probably depends on which state you live in. First, however, you should know that all states agree that children who are minors are allowed to file. States only disagree on this matter if the child is an adult. The first thing you should do is determine what the laws are for your state. If you cannot file, someone else most likely can.

Typically, the people who can file a wrongful death lawsuit are:

• Spouse of the deceased
• Parent of a deceased, minor child
• Minor child of a deceased parent

In certain states, extended family, adult children, parents of adult children, and siblings can also file.

What Is Survival Action?

Survival action refers to a special kind of wrongful death lawsuit. While wrongful death claims can receive compensation for the losses of the person who filed the claim, survival action can be compensated for the losses of the deceased. This can include lost wages, medical bills, pain and suffering, and other expenses.

If the victim died instantly, there probably are not any damages to claim on his or her behalf. If the time between the injury and death was longer, however, then there will probably be quite a bit of damages to claim. An attorney, like a wrongful death lawyer in Bloomington, IL, will be able to give you more information about what damages you can claim and what kind of lawsuit you will have to file to properly claim the right kinds of damages.

Thank you to Pioletti Pioletti & Nichols for their insight into wrongful death law.

What Is a Debt Collection Attorney?

A debt collection attorney is a lawyer with specific knowledge in the collection of delinquent accounts, bankruptcy, and related topics. These attorneys can work for those who owe money (debtors) and those attempting to collect (creditors). No matter which side they represent, the work of debt collection attorneys can involve paperwork, court appearances, and dispute resolution, similar to other types of attorneys.

As a Debtor, Do I Need a Debt Collection Attorney?

If you are facing any of these situations as a debtor, you may benefit from the services of a debt collection attorney.

• You owe money, and your creditors are engaging in unethical tactics such as harassment.
• You cannot currently pay back what you owe.
• A creditor is suing you or threatening you with a lawsuit.
• You are considering bankruptcy.

What Will a Debt Collection Attorney Do for Me?

As a debtor, you can expect a debt collection attorney to negotiate on your behalf, handle any necessary paperwork, and appear with you in court and at any mediations or arbitrations. Depending on the circumstances of the case, your attorney may be able to work out an agreement so that you don’t pay back the full amount.

The lawyer may be able to identify grounds for a counterclaim if the creditor has engaged in illegal practices. For example, through a federal law called the Fair Debt Collection Practices Act (FDCPA), creditors are prohibited from threatening a debtor with jail or violence or calling so often that it becomes harassing. If a creditor violates those rules, your attorney can take steps to help you stop those behaviors and pursue action against the company. Those steps may include issuing subpoenas for phone records and electronic submissions, hiring private investigators, and pull files on other court cases involving the company.

A debt collection attorney can help you figure out if you have a valid defense, as well. A defense is a good legal reason for not paying back all or some of the amount the creditor says you owe. For example, if the creditor cannot produce written documentation showing that you owe what the company claims you do, that may be a defense.

When Should I Hire a Debt Collection Attorney?

You should hire an attorney as early as possible in the proceedings to protect your rights. In some jurisdictions, you may have a few as five days to hire counsel once you are sued. To get the best results, consult a qualified debt harassment lawyer in Tampa, FL who understands the process.

Thanks to The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy law and how lawyers deal with debt collections.

If you received a traffic ticket, it is natural to be very frustrated. No one likes receiving a ticket and potentially facing a fine. However, you may not have a great understanding of what happens next. This guide will explain what happens after receiving a ticket.

Determining If You Need To Appear in Court

The first thing you should do when you receive a ticket is to determine whether you need to appear in court. For minor violations, this will never be the case, but more serious violations sometimes come with a mandatory court appearance. Usually, the police officer will tell you if that is the case, and the ticket should specify clearly. However, sometimes police officers make mistakes, so you should research what the requirements for mandatory court appearances are in your home state.

If You Do Not Need To Appear in Court

Luckily, if you do not need to appear in court, resolving the ticket is quite simple. You can pay the fine online, by mail, or by visiting your county clerk’s office. You should also learn if your ticket will put a point on your license. Usually, you can remove the point by attending traffic school.

If You Do Need To Appear in Court

If you do need to appear in court, you will have the opportunity to either plead guilty or not guilty. If you do the former, the process will continue as normal, with a fine and potential point on your license. If you plead not guilty, however, you will be assigned a trial date. On this day, you must appear in court again, defend yourself, and receive a judgment.

If the police officer who issued the ticket does not appear in court with you, your case will likely be dismissed, resulting in no fine or point. Otherwise, you will either be found guilty or not guilty. It may be a good idea to hire an attorney to assist you if your ticket is going to trial.

Out of State Tickets

If you receive a ticket in a state or county other than the one you live in, and you have to appear in court, you cannot handle the ticket in your local courts. You must travel to the state or county which issued the ticket to appear in court. This is unfortunate and inconvenient, but that is simply the way it is.

If you have any questions about your case, you should feel free to speak with a Wythe County, VA speeding ticket lawyer.

Thanks to The Law Offices of Mark T. Hurt for their insight into traffic law and what happens after getting a ticket.

After a car accident, many insurance companies will be quick to offer a settlement, in most cases to prevent you from considering any reason to contact an attorney.

It may be tempting to accept a settlement, especially if you have mounting expenses, but if you’ve been injured in any way, don’t say yes to any settlement offer until you talk to a personal injury lawyer in Delray Beach, FL.

Insurance companies are, by their very business, all about the money, and the most successful companies have a well-crafted campaign to lowball accident victims to maintain that success.

It’s easy enough, really, to take advantage of someone recovering from an accident who is in need of funds to cover deductibles, and many people don’t realize that they have a legal option, despite the many ads on TV reminded them not to say “yes” to a settlement until consulting with a lawyer first.

The biggest mistake most people make is accepting a settlement too quickly, which can prove costly in the long run.

Insurance companies may underestimate your medical bills or may not take into consideration future medical expenses, which would leave you to cover the costs from an accident or incident someone else caused.

When to reject a settlement

Generally speaking, you have two years from the time of the accident to file a civil suit. Medical malpractice cases also generally allow two years from the date of injury under the statute of limitations in most states.

Here’s what you need to know:

• An insurance company may not offer a settlement that is fair. It may not cover your expenses, you may be left with car payments on a vehicle that has been totaled by another driver, and you may find yourself drowning in medical bills after even a simple accident.
• You do not have to accept the settlement the insurance company offers, especially without talking to an attorney, even if they tell you that there is no room for negotiation.
• Your attorney will be able to determine whether or not any settlement offer is fair, and will advise you based on that opinion.
• If your injuries have yet to heal, do not accept a settlement. You have no way of knowing what could happen in the future regarding your medical condition.

If you reject a settlement offer, your case will likely go to trial, which could be a risk, since you put your case in the hands of a jury. Opinion may not sway in your favor.

When to accept a settlement

While many times insurance companies will make a low offer after interviewing all parties and accessing the situation, in some cases – if you were not injured in a car accident, for example, or if you are concerned that a jury trial may not see your case in a favorable light, it’s a good idea to take a settlement.

Here’s what you need to know:

• If your attorney has negotiated a fair settlement, it’s smart to accept it before the offer comes off the table.
• It could take months or years for a case to go to trial, and the process can be grueling, especially if you are dealing with injuries. Make certain you understand what to expect throughout the process, and know if you have the strength to endure a trial. If you don’t, and your settlement will cover your expenses, accept it and move on from the incident.

Thanks to The Law Office of Eric H. Luckman, P.A. for their insight into personal injury claims and settlement offers.

Truck Accident Fault

Every day there are thousands of vehicle accidents on roads across America. With the large number of trucks transporting goods and hauling food items, it is no surprise that some of those collisions may involve semi-trucks, 18-wheelers, or big rigs. With the difference of vehicle sizes when a semi is involved in a motor vehicle accident, there is often a long legal battle to try and prove one side or the other is at fault. If you are a trucker, that is when it is good to have an expert witness on your side.

What is an Expert Witness?

An expert witness is someone with a superior experience or knowledge recognized by the court or by a segment of society in a particular field or within a singular topic. Since these specialized individuals are highly trained or have vast experience in an area of study, the expert witness is often relied on to reconstruct parts of an accident to determine fault, problems, or missing key information. Here are a few of the many fields a trucking witness may be needed to testify in.

• Crash site examiner
• Accident reconstruction engineer
• Road construction designer
• Commercial truck mechanic
• Transportation safety board
• Metal fatigue or failure analyst

Each type of witness is recognized in his or her field as an expert because of training, experience, or knowledge, and with the expert’s help, the truth about accident fault can be uncovered.

Is There Unfair Blame on Truckers?

It is well known that truckers are required to attend a special school that teaches drivers how to operate the large trucks defensively and react proactively on the road to avoid common accident scenarios. With the higher standards of conduct associated with the trucker can come unfair blame when a vehicle accident occurs involving a semi-truck. Without reason, society often places responsibility for the accident on the shoulders of the truck operator. To avoid an unfair bias or blame, your lawyer can elicit the help of an expert witness in one of dozens of specialized fields.

Can an Expert Witness Help Your Case?

If you are a trucker and have been in an accident, you may need the help of an expert witness. Every collision is different, and that is why having a skilled specialist on your side can help determine fault in your legal case and prove your innocence. You deserve the best. Having a semi accident lawyer, like a semi accident lawyer in Virginia, locate the people with extensive knowledge of big rigs on your side helping you fight your legal battle is just that – the best.

Thanks to MartinWren, P.C. for their insight into what kind of expert witnesses may help prove fault in a truck accident.

If you are unsure about whether or not you need to hire a child custody attorney, it’s important to consider a number of factors before deciding to represent themselves. If you anticipate entering into child custody litigation with the other parent of your children, you may benefit from representation by a proven legal professional. We invite you to call us and schedule a complimentary consultation with a child custody attorney from our firm. You will not be under any obligation to hire us and you may gain a greater understanding of your legal options.

Here are four indicators that you may benefit from hiring a child custody attorney:

1.       The other parent has hired a child custody attorney. Even if you two are on the best of terms, the fact that they hired an attorney shows they are serious about holding their position and are ready for a legal battle. Not hiring your own child custody attorney will put you at a disadvantage, particularly in the courtroom in front of the Judge. If you cannot afford to hire an attorney, look into free legal aid that may be available in your area.

2.       Your circumstances are complicated, and may possibly get even more complicated. Child custody disagreements typically follow a breakup, and that can mean raw emotions are at risk of causing friction and animosity. As a result, it’s not unusual for one or both parties to change their mind and then change it again. The other parent may have initially agreed to a child custody arrangement but has since backpedaled. A child custody arrangement is a legally binding agreement, and as such, should be treated that way. Protect yourself by getting everything in writing and in such a way that it will hold up in court should it come to that. Our child custody attorney can handle the arrangements for you, thereby protecting your and your children’s best interests.

3.       Your lifestyle or your former partner has recently made a major lifestyle change. For instance, if you have moved out of state, one of you has remarried, or you are now earning significantly more income, a child custody attorney can help make sure that you are not taken advantage of simply because the other parent wants to see you suffer.

4.       You believe that your children may be in danger from the other parent. If they are in immediate danger, call 9-1-1. If you hire a child custody attorney, they can make a case to the court that you should have full custody, or another type of arrangement that you feel will protect the children. Accusing a parent of being a danger to their children is a very serious thing to do, and so to protect yourself legally, consult a legal professional.

To discuss your case with our child custody attorney, like a child custody lawyer in Austin, TX, give us a call today.

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

All 50 states in the U.S. offer no-fault divorce. This means that a couple can end their marriage without having to cite a reason as to why they want to divorce. However, in many cases, it may still be in the best interest of a spouse to file a fault or evidence-based divorce.

Many people have legitimate personal or religious reasons for a declaration of misconduct in a marriage. In other situations, although fault is not a ground for distribution of the marital estate, the offending spouse’s conduct may still be relevant.

Grounds for Divorce

Some of the grounds that a person may cite when they file for divorce includes:

·       Cruelty

·       Incarceration

·       Abandonment

·       Adultery

·       Separation

Most of these grounds are relatively straightforward. The cruel treatment must be of such a nature that it “so endangers the physical or mental well-being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.” Typically, either an incident of physical abuse or a pattern of emotional and/or verbal abuse, will suffice.

Abandonment must last at least one year. In some states, the abandoning spouse must have also expressed intent not to return; “I need some time to think” is as effective as “I’m leaving you for good,” provided that 12 months have elapsed. Typically, most judges require 12 consecutive months or a 12-month period with only a few sporadic interruptions. A divorce attorney will know what the specific laws are in your state.

In a similar vein, a spouse generally must be incarcerated for a felony for at least three years after the marriage, and the couple must have been legally separated for at least a year.

Adultery is a bit more complicated. There may also some common-law defenses to adultery, the most common of which is condonation. If the victim spouse learned of the adultery and agreed to forgive the conduct and resume the marriage, then adultery cannot be the basis for divorce, even if the victim spouses change their minds.

Property Settlement

As stated earlier, fault in the breakup of the marriage is generally not admissible during a property division. But there may be a back door, because dissipation (waste of community assets) is admissible. Consider the following scenarios:

·       Wife cashes in part of her retirement account, which is marital property, to take a vacation with her boyfriend.

·       Husband takes a job in another state and uses funds from his paycheck, which is marital property, to pay for his living expenses.

Although Wife’s adultery and Husband’s abandonment are not admissible, the judge may consider their conduct when dividing the estate.

Contact Divorce Attorney

If you have decided to end your marriage, or your spouse has filed for divorce, you need a seasoned attorney advocating for you. Call today to schedule a free consultation with one of our divorce attorneys, like a family law attorney in Lake Forest, IL, to find out how we can help. Our divorce attorneys have extensive experience in all aspects of family law, including child custody, child support, division of property, and more. Our legal team will use all available resources to get you the best possible outcome based on the circumstances of your case.

Thank you to Hurst, Robin & Kay, LLC. for their insight into family law and divorce.

Countless lawsuits are made every day as a response to personal injuries sustained because of the actions of another. Whether you’ve recently been the victim of an accident or you just want to learn more about the rights you have following a personal injury, here are some of the most frequently asked questions you might wonder about personal injury claims. 

How can I tell if someone is liable for my injuries? 

There are few injuries sustained outside of the home that are your responsibility. More often than not, your injury can become an actionable claim with the help of an experienced personal injury lawyer. 

However, not all injuries are created equal. You and your lawyer must ascertain that there are legal grounds to hold another party responsible. The most common personal injury is negligence. This might happen if you slip in a grocery store due to the negligence of the company who failed to clean the spill or put up a wet floor sign. Other personal injuries can be a result of intentional torts, such as an attack on your person. Once liability can be proven, you and your personal injury lawyer can move forward with the case and work on reaching a settlement with the defending party.

What is the role of insurance in my personal injury claim? 

More often than not, insurance will be a factor in the payments of your personal injury. For example, a car accident might involve both parties’ automotive insurance. There are also insurance issues pertaining to medical malpractice and business insurance claims if you’re injured because of the aforementioned slip and fall case. 

Because the insurance company only focuses on themselves as a business, the settlement for an insurance company may not be fair. This is because the insurance company wants to protect themselves from financial exposure. Regardless, your compensation from the defending party might be enough to mitigate these costs with the help of an experienced personal injury lawyer. 

Do I have to go to court? 

More often than not, personal injury claims are settled before they ever see the oak of a courtroom. A settlement is reached with the help of an experienced personal injury lawyer. They will work with the defending party to form a compromise that works in favor of both parties. This may seem counterintuitive, but as the plaintiff, you have the right to reject a settlement offer and take the defending party to court if you’re unhappy with the terms of the settlement. 

What can I get compensation for? 

Compensation for your injuries can be more extensive than you think. This can include any medical bills you’ve incurred as a result of your injury, but it can also include missed pay from work, the cost of fixing your property, and pain and suffering. In more serious cases, this can also include funeral costs, the loss of benefits, and loss of companionship. 

To learn more about what you qualify for, talk to your personal injury lawyer, like a personal injury lawyer Trenton, NJ, about your case in order to discuss what compensation you deserve. 

Thank you to Davis & Brusca, LLC for their insight into personal injury law.