A Basic Explanation of Power of Attorney

Car Accident Lawyer

Many people understand a power of attorney to be something only the elderly need to consider. The truth is many people in various situations could use a POA. It’s basically a legal document giving someone else the authority to act in place of you. In this legal relationship, you are referred to as the principal and the individual you give power to is referred to as the agent.

Four Levels of Control

There are different types of POAs you may create, and each gives your agent a different level of control. The following are four for you to consider.

  1. General – A general power of attorney allows your agent very broad powers. He or she could buy life insurance, make gifts, settle claims and handle other financial transactions. General POAs are often part of estate plans so elderly individuals can ensure their estate is taken care of by someone they trust when they are incapable of doing it themselves.
  2. Medical or Health Care – A medical or health care power of attorney allows your agent to make medical decisions when you are unable. For example, if you are unconscious during surgery and the doctor needs someone to make a medical decision, the POA would do that. If someone needs to decide whether you’re kept on life support and for how long, it would be your medical POA.
  3. Special – A special power of attorney specifies certain powers the agent has. If you are leaving the country for a certain amount of time or are dealing with temporary health conditions, your special POA can handle your affairs. For example, if you will be out of the country when your house sells in the states, the special POA can sign the closing documents on your behalf.
  4. Durable – A durable power of attorney is essentially a general, medical or special POA with a provision of durability. What this means is if you have one of the first three POAs in effect and you are in an accident or other traumatic event and cannot handle your own affairs, the agent mentioned in the other POA would keep his or her current power.

Choosing Your Agent

As you work with your lawyer to create a power of attorney, you will need to choose an agent. Consider everyone close to you and whether they will put your best interests first. Ask yourself if they are honest and if you would trust them with your life, because that is sometimes what agents have to deal with.

Contacting Your Attorney

A power of attorney lawyer in Chandler, AZ is a great place to turn when you want to learn more about a power of attorney. Contact your lawyer today.

 


 

Thanks to Citadel Law Firm for their insight into estate planning and a power of attorney.

Understanding the Basics of “Split” Child Custody

Personal Injury Lawyer

If you have multiple children and are thinking about divorcing your spouse, you may have run across the phrase “split custody” while researching what your divorce process may potentially entail. It is important to understand that split custody and joint custody are not the same thing. Joint custody is a legal term used to define a legal arrangement whereby a child’s parents share legal and/or physical custody of that child. Split custody is a phrase commonly used to refer to an arrangement in which custody of siblings is divided between a set of parents. For example, one parent is granted custody of an older sibling while another parent is granted custody of a younger sibling.

Split custody is a relatively rare arrangement, simply because it is not often in a child’s best interests to live away from his or her siblings. However, there are certainly cases in which split custody makes sense and serves the best interests of all minor children affected by the arrangement. Nevertheless, it is not an approach to be embraced lightly. If you are interested in exploring what split custody might look like and/or whether it may be a viable legal option for your children, please consider reaching out to our firm today. We would be happy to advise you of your legal options after learning about your family’s unique circumstances.

When preparing for a consultation, it may be beneficial to ask yourself a few questions about the potential benefits and drawbacks of a split custody arrangement. For example, a court is going to want to understand why granting custody of one or more siblings to one parent and one or more siblings to the other parent is in the children’s best interests. Why do you believe that this arrangement might best serve your children’s interests? The more clearly you can articulate an answer to this question, the better we will be able to advise you of your options in this situation.

In addition, it may be helpful to ask yourself whether your children would be best served if you and your spouse retained joint legal custody of your siblings, even if each of you is opting to split physical custody of your kids. Joint legal custody will help to ensure that both of you retain important decision-making authority when it comes to your kids, even if they don’t live with you primarily.

Child Custody Assistance Is Available

If you are interested in exploring split custody as a potential option for your family post-divorce, please do not hesitate to reach out to a law firm. They have extensive experience in both complex and relatively straightforward child custody matters and would be happy to advise you of your legal options. If and when you decide to pursue a specific custody arrangement, a child custody lawyer in Austin, TX may either be able to assist you in realizing that vision or direct you to the best possible resources available given the details of your family’s unique circumstances.

 


 

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

Utility trucks causing serious injuries

Personal Injury Lawyer

Garbage trucks often present a nuisance or even a hazard to surrounding motorists. They make frequent stops and travel very slowly as they move through neighborhoods. In Washington DC, street parking makes this even more frustrating, because there is often not enough space for passenger vehicles to pass garbage trucks. When passing, particularly without slowing down, they can cross solid lines or change lanes suddenly and thus increase the likelihood of an accident. In situations like these, the operators of the garbage truck are rarely at fault. The accident is more often the responsibility of the impatient driver who didn’t want to wait for the truck to move. Trying to get around a garbage truck prematurely can lead to serious property damage as well as the risk of bodily harm for those in the vehicle and any other driver or pedestrian on the roadway.

Recently, a garbage truck collided with a bus in Florida. The garbage truck was simply trying to back out of the garbage area of the school and it made significant contact with the bus. Initially, the driver of the bus was pinned inside the vehicle, but was able to escape with the assistance of first responders. None of the sanitation workers operating the truck were harmed in the accident. Garbage vehicles often cannot view their surroundings because of the nature of their automobiles. They constantly repeat the pattern of stopping and starting numerous times while on their route. Even in a school setting, garbage trucks are susceptible to hitting other vehicles that cross their path. 

Most accidents that occur between two vehicles could have been avoided with cautionary driving techniques. When both drivers are aware of their surroundings and at an optimal mental state to operate a moving vehicle, the risk of an accident is greatly decreased. This is true even when there are significant hazards or obstacles, like a garbage truck. However, when a driver is distracted or not giving his or her full attention to the road, hazards became far more serious. Whether due to the use of a mobile phone, texting, or passenger/radio noise, the presence of distractions greatly increases the risk that a hazard like a garbage truck will result in an accident.

What should you do if you are struck by a garbage truck moving through your neighborhood? First, you should seek medical attention for any type of injury, no matter how insignificant it may be. Even bumps and bruises can be reported and the defendants are liable in a suit. Next, you should avoid the insurance company’s likely request to settle. Garbage companies are enormous entities with a detailed insurance policy. The insurance companies do not want you to litigate to seek the full amount in damages because they want to keep the financial remedies as low as possible. The final and most important thing you should do if you are in an accident with a garbage truck is to seek legal representation from an experienced truck accident lawyer. We have your best interests in mind when you come to us with your issue. Do not let insurance companies take away your right to get the help you deserve.  

 


 

Thank you to MartinWren, P.C. for their input into truck accidents and the law.

Medical Malpractice Law FAQ: Can a Med Spa be responsible for medical malpractice

In the U.S., medical spas, or Med Spas, are becoming very popular. Despite their enormous growth, it is possible for these facilities to be harmful to certain people. If you believe you were harmed at a med spa, and you think this harm involved negligence on the part of the facility or staff, it may be possible to file a medical malpractice claim. You should consult a medical malpractice lawyer for further advice and assistance. 

What is A Medical Spa?

A medical spa is best described as a spa that combines medical services and beauty treatment. Many procedures offered at a medical spa will likely be cosmetic in nature; however, they could also include minimally invasive or surgical based treatment. Services at a medical spa may include laser hair removal, chemical peels, botox or filler injections, or plastic surgery. 

New Rules and Legislation for Medical Spas

As a medical malpractice lawyer might explain to you, many states have passed new regulations regarding medical spas, who can offer procedures, and what licenses are required. One of the more serious concerns is regarding who can provide the treatment at the med spa. For example, some treatment administrators or technicians are not qualified doctors; rather, they may have only gone to cosmetology school. 

Can You File a Medical Malpractice Claim Against a Med Spa?

If you believe you were harmed at a med spa, and this harm was the result of negligence, it may be possible to file a claim for compensation. Insurance companies do offer medical malpractice insurance to these facilities. The reason this coverage is available is due to the medical procedures that may be offered. 

A medical malpractice lawyer can review your case to determine whether or not the obligation of care has been forsaken. If this should be true, and you were harmed, you may be able to proceed with a claim. A law firm knows of med spa medical malpractice cases that have involved:

  • Infection
  • Wrongful administration of anesthesia
  • Severe scarring
  • Burns after a laser procedure
  • Objects left inside a patient
  • Excessive bleeding
  • Wrongful administration of botox or scarring
  • + More

The above errors could result in severe scarring, pain, disfigurement, disability, life-threatening medical conditions, or even death. 

Compensatory Damages

In the event of you being able to proceed with a claim or lawsuit against a med spa, a medical malpractice lawyer will investigate your case to determine the full extent of damages. In general, you would be entitled to the damages that are available in standard claims, including, medical care, future medical treatment, lost wages, pain, suffering, and so forth. There are statute of limitations for medical malpractice claims; therefore, you should not delay in exploring your legal options. 

Medical spas lack the same regulations as hospitals and medical facilities. Seeking compensation from a negligent error made at a med spa is not easy, but not impossible. If you intend to learn more about whether or not you can recover damages, you should call a medical malpractice lawyer in Miami, FL right away. 

Thanks to Needle & Ellenberg, P.A.for their insight into medical malpractice and med spas.

Personal Injury Damages

Personal Injury Cases

Were you in an accident? Did you sustain injuries because of someone else’s negligence? How you incurred medical expenses and financial losses due to your injuries? Then, you are entitled to seek damages. While no one can promise you that you will recoup all of your losses, most personal injury attorneys will do their best to ensure that you are made as close to whole as possible through settlement negotiations or a trial, if it comes to that. What does that mean for you now? What expenses can be recovered, and is there any way to be compensated for the non-tangibles? Yes. Personal injury damages run the gamut of compensatory and punitive losses. However, more commonly, you will be paid through compensatory damages.

Punitive Versus Compensatory

Punitive damages are granted to punish the at-fault party, but these are increasingly rarer in personal injury claims unless you can prove intent. Therefore, most recovery attempts will seek compensatory damages, which look to regain actual financial losses because of an injury.

Types of Compensatory Losses

Compensatory losses can be placed into two categories: (1) physical costs and (2) emotional injuries. Physical costs break down into actual provable monetary losses. For example, medical bills or expenses related to your physical recovery are concrete. Also, lost income, property damage and other out-of-pocket costs can all be proven with receipts and medical records. Emotional injuries, like trauma, loss of love and enjoyment, embarrassment, are not as easy to prove causation, which makes these pain and suffering type of injuries abstract and hard to quantify. However, these injuries are still prevalent in personal injury lawsuits, but they might take a little extra work by your lawyer and their research and investigative teams.

The Importance of Hiring a Lawyer

While provable injuries are easy to document and show a defendant or judge, abstract injuries are more complicated. A practiced personal injury attorney, especially one who is established with support staff, is more capable of fighting for both types of compensatory damages. Therefore, while your initial instinct might be to file a claim alone, know that you are likely going to lose dollars in your settlement offer because of that decision. There is a reason that attorneys attend law programs and extensive testing before being able to argue in a court on someone’s behalf. They know the law, and those specializing in personal injury law, know how to negotiate for the best recovery possible,

When you are injured in an accident, it can be challenging to sort through the concerns and worry to compose a solid legal argument for your recovery claim. Therefore, talk to an experienced Philadelphia, PA personal injury lawyer, and get the help you need.

 

Thanks to Wieand Law Firm for their insight into personal injury claims and damages that you can claim.

What Is Medical Malpractice Reform Proposing?

Personal Injury Lawyer

The healthcare industry is a multi-billion dollar enterprise. It includes a network of doctors, nurses, clinics, hospitals and any other medical professionals.

One of the biggest challenges facing healthcare administrators at every level is the rising cost of medical malpractice. From the standpoint of medical professionals, rising premiums, and payouts to patients mean their bottom line is impacted more heavily. The courts have been contemplating tort reform for many years to help cut the toll on the healthcare industry. Take a look at some of the sweeping changes contemplated.

Limiting Damages Awarded

The fundamental element of the malpractice reform movement is limiting the number of damages courts can award patients. In a lawsuit, the prevailing party is entitled to receive damages. Compensatory damages are the most common and concrete. These are medical bills, lost wages, and out-of-pocket expenditures that can be proven by receipts. These may also include attorney fees. General damages are more intangible and are meant to compensate the victim for things like pain and suffering, mental anguish and loss of consortium. The final category of damages is punitive. These are the high-dollar, high-stakes payouts that judges often award as punishment when a defendant is determined to be grossly negligent, or the injury is particularly catastrophic.

The advocates of medical malpractice reform want legislators to place a cap on how much a defendant can receive in general and punitive damages. Since compensatory is considered more like payback than an award, it is usually not included in this movement.

Changing the Statute of Limitations for Filing a Claim

States statutes vary on setting the time limit for when a claimant may file a medical malpractice lawsuit through the court. Those advocating medical malpractice reform want to change the statute of limitations. The proposal would shorten the time to file a claim and also further define the “discovery of harm” rule. In medical malpractice cases, the clock for filing suit starts either on the date an act of malpractice was committed or at the time a patient knew medical malpractice occurred. This may delay the filing of a medical malpractice claim for years after the event took place in some states.

What Reform Means for Doctors and Hospitals

Tort reform in medical malpractice would mean that hospitals and doctors might avoid additional expenses defending more frivolous lawsuits. It also means that doctors may stop ordering unnecessary testing as a defense measure in case the patient claims they failed to diagnose appropriately. Over time, these and other changes may mean a decrease in medical bills, insurance and hospitalization costs.

If you believe you may be the victim of negligence in a medical case, consult a FL medical malpractice lawyer in your state.

 


 

Thank you to our friends at David & Philpot, P.L. for information on medical malpractice reform.  

Reasons for a Worker’s Compensation Denial and Your Next Steps

Did you file your claim on time? Did you report your injury to your supervisor? There are so many reasons that an employer may deny your workers’ compensation claim. However, just because you receive a denial letter does not mean that your claim is finished. You do have a right to appeal the decision. However, before you appeal the denial, it is beneficial to understand why your application was rejected.

Five Reasons for a Denial

You might be anxious about getting a denial, but it is not the end of the line. While there are plenty of reasons your injury claim might be denied, there are at least five common reasons for denials.

  1. Timeliness

    While an injury happens in an instant, and recovery can take months, there is a specific window for reporting and filing claims. For example, in Colorado, you need to notify your employer of your injury within four days, in writing. Also, beyond informing your employer, you need to file a claim within 30 to 90 days, depending on your state. 
  2. Employer Dispute

    Your employer may not agree with your explanation of your injury. For example, they might feel the injury was a result of horseplay, or that it didn’t occur during work. However, whatever their disqualifying reason, it will be listed in the denial letter.

  3. Unprovable Injury

    Some injuries are not physical but psychological. Unfortunately, these types of injuries, like stress-related injuries, are difficult to prove, which means that showing a compensable injury may not be possible.

  4. No Medical Treatment

    If you do not seek medical treatment, then it can be difficult to prove an injury. Therefore, most states dictate that you must receive medical care to get access to compensation benefits.
  5. Insufficient Evidence

    Some claims are denied on merit while others are dismissed because of insufficient evidence. Your job when applying for workers’ compensation is to prove your injury and that it occurred at work. Therefore, if denied based on inadequate evidence, appeal and submit additional evidentiary support.

Steps to Take After a Denial

After you receive a denial letter, there are a few things you can do: (1) accept and move on, (2) contact your employer or (3) appeal with a lawyer. Accepting is often not the best option, especially with a legitimate claim. However, reaching out to your employer can often resolve accidental denials. Some denials are the result of a clerical error. Although, if you chose to appeal, be sure to hire an experienced workers’ compensation attorney.

Denial letters can lead to anxiety but don’t think that these initial responses are the final say. Contact a workers’ compensation lawyer in Milwaukee, WI and get the help you need.

 

Thanks to Hickey & Turim, SC for their insight into workers compensation and what to do after a denied claim.

 

Reasons to Hire a Wrongful Death Lawyer

Reasons to Hire a Wrongful Death Lawyer

It’s always difficult to lose a loved one. When the death is a result of another person’s carelessness, the situation becomes even more unbearable. While nothing can make up for the loss of your loved one, filing a wrongful death lawsuit against the negligent party can help recoup some of your financial losses. However, you should never attempt to bring a lawsuit without the assistance of legal counsel.

Here are some important reasons to hire a wrongful death lawyer:

You Will Find Out What Truly Happened

If your family member died due to someone else’s negligence, you deserve to know exactly what happened. However, the responsible party might not tell you the whole truth. For example, if your loved one died to apparent medical malpractice, the doctor who treated him or her may try to make excuses. If you have a skilled wrongful death lawyer on your side, he or she can help you find out the truth about what happened.

You Must File Your Lawsuit on Time

Just like other types of civil lawsuits, you only have so much time to bring a wrongful death lawsuit. For example, many states require you to file your lawsuit no later than two years after the death occurred. However, when you’re dealing with grief, you might miss deadlines and make mistakes when filing documents. That’s why it’s so important to work with an experienced wrongful death lawyer. He or she will help you file your lawsuit in a timely manner and take a lot of stress off your back.

You Need to Protect Your Financial Future

If your loved one was the breadwinner in your family, you might not have enough money to make ends meet after their death. In addition to paying for their medical bills and funeral expenses, you also have to come up with money for your mortgage, utility bills, food and other expenses. If you file a wrongful death lawsuit, you could recoup these financial losses and not stress about your finances as much. An experienced wrongful death lawyer will know the true value of your claim and help you obtain the compensation you deserve.

You Won’t Have to Deal With Insurance Companies

After you file a wrongful death claim, the negligent party’s insurance company will likely want to speak to you about your case. However, keep in mind that insurance companies care about their bottom line and may try to offer you as little compensation as you can get away with. Their initial offer probably won’t be enough to cover all your expenses. That’s another reason it’s important to have a wrongful death lawyer on your side. He or she knows how to deal with insurance companies and won’t let them take advantage of you.

If your loved one’s death was the result of someone else’s negligence, set up a consultation with a wrongful death lawyer in Washington, DC.

Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into personal injury claims and reasons to hire a wrongful death lawyer.

What Is Workers’ Compensation?

What Is Workers’ Compensation?

Workers’ compensation, also known as “workman’s comp”, is a type of insurance that many employers are required to obtain, in case one of their employees is injured or becomes ill while working. This includes both sudden accidents and injuries or illnesses that develop over time, and the benefits are generally paid out by the state-run fund or a private insurance company. If you are the injured employee, the following may be covered:

  • Payment or reimbursement of medical bills and any needed physical therapy
  • Lost wages if you’re unable to work for a period of time
  • Compensation for other related economic losses, including expected future losses

Workers’ comp was developed to protect employees from unsafe work environments, holding employers accountable when someone was hurt so the employee would not have to suffer large medical bills, lost wages, a lost job, and permanent disabilities on their own.

Before workers’ comp, these types of situations ended up in court with the injured employee having to sue their employer and prove that they were indeed injured because of the employer’s lack of safety equipment or negligence. Many jobs are far safer than they once were, but accidents still happen. In the most extreme situations, if an employee dies on the job, their dependents may be able to claim life insurance from the employer.

Accepting Workers’ Comp

If you’re faced with a work-related injury or illness, you will have some decisions to make. It’s important to be aware of your specific state’s laws regarding workers’ compensation claims and the deadlines you must meet to collect the benefits your state provides. However, if you are faced with an extreme situation that resulted in some sort of poor safety practices by your employer, you may consider suing them instead. Accepting workers’ compensation causes you to give up your right to sue, in exchange for not being required to prove the legal fault of your employer for the situation. Speaking with a lawyer will help you determine what the best course of action would be for your unique situation.

Are You Covered?

If you think you have a qualified claim, or even if you’re unsure about the situation or the laws that apply to you in the state you work in, speak with experienced workers’ compensation lawyers in Plantation, FL. It never hurts to ask, especially if you are already paying medical bills that you could potentially be reimbursed for. Working with a lawyer becomes even more important if your injuries are life-threatening or could result in permanent disabilities.

 

Thanks to the Law Offices of Franks, Koenig & Neuwelt for their insight into worker’s compensation and what it covers.

Commercial Litigation 101: What Every Company Should Know

 

When you run a business, you will no doubt experience business disputes with other companies. If your dispute leads to a lawsuit, then you’re dealing with commercial litigation. If you’re new to running a business, you may not know the complexities of business law. It might be beneficial to you to have a commercial litigation lawyer to help you with your case. Here is what you need to know about commercial litigation.

Basics of Commercial Litigation

Commercial litigation is an umbrella term that applies to most business issues. This type of litigation covers conflicts involving business transactions. Unlike other forms of civil lawsuits, commercial litigation involves businesses and not simply individuals. Sometimes commercial litigation is filed with the federal court.

What Commercial Litigation Lawyers Do

Commercial litigation lawyers represent a company in financial disputes. The lawyer will defend your company’s rights. When you consult with a business lawyer, the first thing that he or she will do is ask questions about your case. This initial questioning process will allow him or her to analyze the case.

A commercial lawyer will decide what the best option for you is. The lawyer will be able to tell you whether it’s better to settle your case out of court or if you should go to trial. Either way, the lawyer can handle your case in both environments. In addition to helping you after the fact, a lawyer can also help you put prevention strategies into place.

Why a Commercial Litigation Attorney Is for You

Commercial litigation lawyers have experience in a variety of different areas. Since business litigation is vast, it’s crucial that you question your attorney’s ability to handle your case. Before you hire a lawyer, like a business lawyer in Charlottesville, VA, you have a chance to consult with said attorney. Here are some examples of commercial disputes:

  • Corporate disputes
  • Product liability claims
  • Debt collection
  • Fraud disputes
  • Breach of contracts
  • Debt collection

In general, commercial litigation covers any type of legal issue that your company could have. When running a business, you will no doubt encounter the need for a business lawyer. When you think you need one, you probably do.

If you’re unsure about whether a business attorney can help you with your problems, then it’s time to set up a consultation. A consultation will tell you if a lawyer can help with your specific circumstances. Since there are so many different branches of business law, it’s important that you question the lawyer’s experience before you choose one.

 

Thanks to Dale Jensen, PLC for their insight into business law.