September 23, 2020 by MatadorAdmin

Six Tips for Settling a Car Accident Claim

Personal injury cases are legal disputes that arise when a party suffers harm as a result of an act and/or incident caused by the actions of another. Often times, the responsible party pays damages to the injured person for medical bills, pain and suffering, and other ongoing expenses. Every case is different, but claims involving car accidents are, by far, the most common type of personal injury case. While personal injury cases can be formalized through the retention of an attorney, hundreds of minor personal injury claims are filed throughout the country every day. Formal personal injury claims can be determined through litigation and a court judgment or, as is much more common, through informal settlement agreements. Consequently, there are six things that an individual can do to settle a car accident claim:

1. Act Quickly. Immediately after the incident occurs, the victim should contact his/her insurance company to initiate a claim. Acting quickly ensures that the individual recalls all details about the accident accurately and promptly.

2. Keep Records. Similar to any other legal suit, an involved individual should keep a file of records regarding the car accident. This file should include any police reports, medical bills, and repair estimates.

3. Calculate Damages. Before demanding any damages, an individual must calculate the value of the claim and/or all expenses incurred as a result of the incident. When calculating expenses, an individual should include medical expenses, loss of income, disability, pain and/or suffering, and vehicle repair expenses. After computing all of the aforementioned expenses, an injured party should establish an acceptable minimum settlement figure.

4. Send a Demand Letter. After calculating an acceptable settlement figure, a victim should send a demand letter to the insurance company to inform the company of his/her demands. Typically, a party should demand at least 25% more than their minimum number as insurance companies commonly negotiate for a lower number.

5. Get Everything in Writing. Often times, oral negotiations are not sufficient to guarantee an adequate settlement, regardless of what oral agreements were made. Consequently, a settling individual should ensure that any agreed upon settlement be in writing and signed by both parties.

6. Retain Representation. Although not required, retaining a car accident lawyer in Arlington, TX, like from Brandy Austin Law Firm, PLLC, may help make the settlement process easier for the victim. For an untrained individual, negotiating with an opposing party may prove to be an unnecessary challenge. As a result, many experts recommend that injured parties retain representation to ensure their demands are adequately represented and met.

The decision to file a lawsuit can have monumental impacts on a plaintiff’s life. Personal injury lawsuits are becoming exceedingly more common throughout the United States with nearly 400,000 cases filed each year. As a result, an interested party needs to be fully informed before pursuing any set legal reparations. While litigation is always an option, settlements provide an opportunity for parties to resolve the dispute outside of court.

September 23, 2020 by MatadorAdmin

Managing Social Security Disability Cases

When a person is suffering from a chronic medical condition, it may often be attributed to physical or mental health. Many may not realize that social security disability benefits may be a preferred way of receiving support during times when a person is either unable to work or only can work minimally. The application process can be complex and require a significant amount of evidence to support a claim for SSDI. Despite best efforts, denials are prevalent for social security disability claims. Whether you are at the very first stages of the process or are facing a claim denial, it’s critical to take action with the assistance of a lawyer as soon as possible.

What are Social Security Disability benefits?

Social security disability benefits may be the best option for those suffering physical or mental health conditions that impact a person’s ability to work and obtain an income. Social security disability (SSDI) are benefits provided through the SSA to help supplement the income of those who have been significantly debilitated or impaired by their disabilities. To obtain these benefits, applicants must meet the following criteria:

Applicants must have held a job that paid social security taxes
The disability must fall under the requirements of the SSA
Applicants must earn less than the required amount each month

While the application process can be cumbersome, ensuring that the application is fully completed with the proper supporting documentation is critical.

The Application Process

When considering the application process, it should come as no surprise that the initial phases can feel overwhelming for many. In many cases, a lawyer can help make sure that all the necessary components are completed to avoid the possibility of a denial. When considering SSDI, applicants should do the following:

Ensure that your condition is one that qualifies
Provide all necessary information, including:
- Proof of identity and citizenship
- Details of employment
- Medical documentation outlining illness and treatments
- Job history
A list of household dependants

Once you have completed the application process, the SSA will take the time to review it, along with the necessary supporting documents. While many application denials result because there was an error during the application process, there are ways to mitigate the likelihood of denial.

Contacting a Lawyer for Help

When dealing with a substantial medical condition, the need for social security disability benefits will be imperative if you qualify. While contacting a lawyer can be challenging to come to terms with, many have the experience and tenacity to help take the proper course of action. An SSDI lawyer can assist at any part of the process. Whether you are just in the initial stages of applying for SSDI or have received a denial, it’s critical to retain the assistance of a skilled and experienced lawyer in your area.

While the thought of contacting a lawyer may give many pause, it can work to the benefit of many applicants. There is often so much riding on a successful outcome, and because of this, applicants will want to ensure that they have taken every possible step moving forward. The sooner that experienced social security disability lawyers, like from The Law Offices of Mark T. Hurt, are contacted, the better, and they will be able to guide you and protect your rights throughout the process of receiving the SSDI benefits that you may be entitled to.

September 23, 2020 by MatadorAdmin

Collecting Social Security Disability for Children

When a child has an impairment that is expected to last for at least one year, as a parent, you may consider pursuing the supplemental security income disability program. When a child is under 18 and has a disability or medical condition, parents may need financial assistance for children’s care, such as personal and medical needs. This is often necessary when children have special needs. To ensure the benefits that your child is in need of, there will be several steps to take. While there are many reasons to consider disability benefits for a child, the process can be overwhelming. In some cases, it may be appropriate to seek counsel from a lawyer for help.

Steps to Take

When a child has a disability that may qualify for supplemental security income, parents or guardians can pursue the application process with the Social Security Administration (SSA). Benefits are paid out monthly to help with basic needs such as food, housing, and medical care. Consider taking the following steps to initiate the process:

Gather all necessary information that will need to be supplied: social security card, birth certificate, proof of income, bank statements, medical documentation, including treatment, doctors seen, and prescriptions taken. You may also need to provide the names and phone numbers of providers who can provide information.
Request a child disability start kit from the SSA; this can help you prepare for the process and familiarize yourself with what comes next.
Complete the child disability report; this is the application process for requesting disability. For those with access to the Internet, they can complete an online application.
At some point, the SSA will conduct a childhood disability interview, which may include a medical exam. During this interview, you will need to be prepared with all of the necessary documentation that you have gathered.

As long as a child has a medical condition that qualifies for disability, their families may have access to disability until they reach 18. Once a disability has been approved, the Social Security Administration will conduct a redetermination every one to six years.

When to Call a Lawyer

There are many reasons a child under 18 may need disability benefits. These benefits can start as early as birth and may leave parents to shoulder the incredible weight of medical expenses and additional care. While, in some cases seeking disability benefits may be straightforward, it can be incredibly cumbersome. If your child has a disability and your claim has been denied, it can be incredibly disheartening. A lawyer with experience may be the right step to take towards reaching a favorable resolution. They will work to understand the reasons for the denial and assist in providing additional evidence that may be needed or take further action if necessary.

For someone to receive SSI, those in the household must have limited resources and need SSI. However, it’s essential to be aware that if your child didn’t qualify when they were under 18, it doesn’t mean that they are ineligible as an adult. To learn more about disability for children, initiate the process, or troubleshoot challenges, contact experienced social security disability lawyers, like from The Law Offices of Mark T. Hurt, for support.

August 20, 2020 by MatadorAdmin

What to Know About Medical Treatment Following an Accident

Car Accident Lawyer

After a car accident, the injuries can vary from minor to severe. Immediately following the wreck, it may be difficult to determine how serious your injuries are. You may be in shock, there may be a lot of adrenaline in your system and some injuries may not show symptoms until later. If you don’t feel like you’re hurt, it doesn’t mean that you aren’t.

If your injuries are serious, you could have medical bills that eventually require you to file a personal injury claim. This means it is important to have evidence as soon as possible.

Do You Have to See a Doctor After an Accident?

After an accident, you do not want to wait more than 14 days to receive medical attention. If you wait longer than that, the insurance company may find ways to argue your case. While it is still possible to file a claim if you did not see a doctor right away, it is going to be more difficult to prove. While not impossible, it is safer to see a doctor right after the accident.

In most cases, you should visit the emergency room the same day that you were in the accident. If you do not feel it is necessary, then you need to go to the doctor as soon as any other symptoms present themselves. For instance, the following conditions may not manifest with symptoms until later:

Internal bleeding
Head and neck injuries
Spinal injuries
TBIs
Fractures

Don’t overlook any aches and pains after a wreck. If you have headaches, swelling or numbness, go see a doctor as soon as possible. It is better to find out that it is a minor injury than to wait when it might be more serious.

What Type of Treatment Do You Need After an Accident?

There are a variety of treatments that you may need after an accident. First, you should see an emergency room doctor or your primary care physician. Keep in mind that some primary care physicians will not see car accident victims. Once diagnosed, your doctor may send you to a specialist to deal with your specific injuries.

When you see a doctor after an accident, you must keep proof of your injuries and organize all medical documentation. A lawyer will use this information to help with your case. To file a personal injury lawsuit, contact a car accident lawyer, like from Davis & Brusca, for a consultation.

August 18, 2020 by MatadorAdmin

Understanding a Revocable Living Trust

Personal Injury Lawyer

When you are physically and mentally able, you should be wise with your finances and assets. However, there may come a point where you have diminished capacities and can no longer make important financial decisions. Likewise, you want to be prepared for your death so your surviving loved ones can have the security and peace of mind they need. With a revocable living trust, you can decide who will inherit your assets and how the money is distributed.

A Brief Description

A trust is a legal document that states what will happen to your money and other assets when you die. In a revocable trust, you can change the provisions as you desire and as circumstances change. You name beneficiaries and state who will receive what upon your death. In the meantime, you will appoint a trustee to oversee your finances, such as taxes and income. The person who sets up the trust can handle this role.

What it Includes

Your trust grants legal authority for the trustee to handle your money after you die and ensure that it passes to the beneficiaries. It can include savings accounts, checking accounts, retirement accounts, property and other possessions. This document is effective from the day you write it.

Advantages

People who prefer trusts over wills do so because a revocable trust will not pass through probate. These legal proceedings can be lengthy and costly. Skipping this step can help the transition of your estate go much more smoothly. Also, you have more flexibility to alter the trust as you see fit or as your attorney may advise. Setting up a trust will protect your money and help ensure that there is no confusion over your estate. It can also eliminate family squabbles and divisions.

Automatic Transfer

Another aspect of a revocable trust that people like is that there is no need to go to court when you hand over your finances to the trustee. This is an automatic process that will take place if you are deemed unable to make sound financial decisions such as pay bills, apply for a loan, withdraw money or sell your home. You can even specify how much in the trust your minor beneficiaries spend from the accounts they inherit.

Consider the benefits of a revocable trust and why it may make sense to you. Meet with an estate planning lawyer, like from the Yee Law Group, to discuss your next steps and how you can protect your assets.

August 18, 2020 by MatadorAdmin

4 Reasons To Hire a Lawyer for Your Divorce

Under certain circumstances, you may wonder if you need to hire an attorney to handle your divorce. Technically, the law does not require either party to a divorce to retain legal counsel, which means that you do have the option to represent yourself, as does your spouse.

There may be situations in which hiring your own attorney doesn’t make sense, such as when you have only been married for a short time. In this instance, you and your spouse may have no children together and little if anything in the way of marital property. If you and your spouse have already worked out the issues on your own and just need help with drafting the divorce agreement, retaining more than one attorney may not make sense.

Though not required by law, hiring a divorce attorney can benefit you in most cases. Here are some reasons to consider it.

1. Understanding Your Legal Rights

Divorce can be very complicated, especially if you are unfamiliar with the laws of your jurisdiction. If you do not understand what you are entitled to, it can be more difficult to adequately represent your interests when you go to court. You may end up with less than you deserve in the interest of expediting your divorce or saving money on attorney’s fees.

2. Working Out Custody Arrangements

A custody decision depends on many different factors. The child’s interests are the guiding principle in all states. However, you also have rights as a parent. An attorney who understands the factors that go into child custody determination can help defend your rights in court.

3. Property Division

Property division is more difficult when your finances are complex or you and your spouse have high assets. The fairest possible division of assets depends on obtaining an accurate picture of your spouse’s finances. A divorce attorney has the knowledge and resources available to conduct the necessary research thoroughly.

4. Spousal Support

Also called alimony, spousal support is money that one ex-spouse pays to the other to help the recipient become self-supporting. Unlike child support, it is up to the court’s discretion to decide whether to award alimony and in what amount. Your attorney can help you negotiate an arrangement that is fair to you.

The terms of your divorce settlement will affect you for the rest of your life. Therefore, it deserves some time and deliberation with guidance from an experienced professional. Contact a divorce lawyer, like from Scroggins Law Group, to discuss your case with one of our attorneys.

August 16, 2020 by MatadorAdmin

Car Accidents: Who Is At Fault in Icy Conditions?

Car Accident Lawyer

It is a common understanding that accidents are more likely to happen in icy conditions. After an accident, liability is always a big question. Who was negligent? In icy conditions, the answer may be more complicated. Here is how to determine fault in winter weather.

Did Your Car Lose Control?

Most car accidents in the snow involve more than one vehicle. If you were in an accident that only involved one, you may be wondering if someone else is liable. When you lose control of your car, you are at fault. Now, there are some situations where you may be able to hold the city accountable. For instance, if you were on a road that should have been maintained, you may have a case. In a collision with another vehicle, you have to look at who caused the accident. If another person’s car swerved out of control on black ice and wrecked with yours, then he or she is responsible.

Did You Have Warning of the Weather?

You cannot control the weather, so you may be wondering how you could be responsible if your car loses control in the ice or snow. As the driver, you are responsible for how you handle the weather. For instance, if it is a cold winter day, even if you do not notice black ice on the road, you should have reason to believe that there could be black ice on the road.

You have to prepare your vehicle for snow and ice. If you are not comfortable with your ability to drive in frigid conditions, then it is up to you to choose not to drive. The law is not on your side when if your car is the one to lose control. Likewise, this means that if another car collides with yours after slipping on the ice, then the other driver is at fault, rather than the snowy conditions.

After a car accident, liability is always the question at hand. You have to prove that the other driver was negligent or that he or she caused the accident. Whether you lost control of your car or you were in a collision due to someone else losing control, the snow and ice are not a defense. The only time ice can be a defense is in rare cases where there was no reasonable way for the driver to know the road’s condition. To discuss liability, consult with a car accident lawyer, like from Hickey & Turim, SC, today.

August 15, 2020 by MatadorAdmin

Racing the Clock With Personal Injury Claims

Car Accident Lawyer

While you need not rush a decision to sue for sustained car accident injuries, you also should not wait too long. Most states have statutes of limitations that limit the time you have to file a personal injury claim. However, there are exceptions to these laws that you must understand as well. People often feel too rushed into filing lawsuits, and that creates a problem of not having all the information necessary for an accurate claim. Therefore, before diving into a lawsuit, consider your timeline, age and circumstance.

General Statutes

Most states place a two year limit on filing a personal injury suit. However, do not let the timeline scare you. Two years only represents the time you have to file, not the time it takes to resolve the case. Also, the timeline starts on the day of the accident.

Minor Extensions

While most adults will only have two years from the date of their accident, children get an automatic extension. Minors, or individuals under the age of 18, will have two years from the date of their 18^th birthday to file a claim. Therefore, if you are in an accident at the age of 15, you have until you are 20, or five years before you need to file.

Government Entities

Unfortunately, you do not always have two years to file a claim. If you are injured while riding public transportation, then you may only have a few months to make a claim. Governmental bodies most likely restrict the timeline to avoid nuisance claims and backlog.

Extenuating Circumstances

Some situations may earn an extension because it is impossible for the victim to file a claim. For example, if an accident leaves a victim incapacitated or in a coma, the court may grant an extension. The court may also permit a family member to file on behalf of the victim in such circumstances.

Filing a personal injury claim after a car accident does mean racing the clock to some extent, but you likely have plenty of time to assess your injuries and property damage, ensuring that you file a full and accurate claim. If you are not sure when you should file, then contact an experienced car accident lawyer, like from The Law Firm of Frederick J. Brynn, P.C. Discuss your injuries and the projected recovery process. The attorney may suggest speaking with other specialists or medical professionals before putting your claim together. However, you have the final say as to when or if you file, as long as you adhere to local statutes.

August 15, 2020 by MatadorAdmin

What Happens When Your Accident Case Is Settled?

Car Accident Lawyer

A car accident claim can take a few months to settle. This is likely due to a disagreement of a fair settlement between you and the insurance company. Fortunately, most car accident claims are settled without a court trial. You probably have many questions about getting your money and settling your bills. Here are some general rules about what happens when your lawyer and the insurance company come to an agreement.

Settlements Are Lump Sum Payments

If you’ve suffered significant injuries in a car accident, it can actually be to your benefit to wait to settle. You only get one chance to get money from the insurance company. Once the settlement is reached with both parties accepting the terms, the claim will be closed. If you discover more problems down the road, you won’t be able to go back and ask for more money. A personal injury lawyer can help you avoid this issue by going through your medical records thoroughly before reaching a settlement.

How Is the Check Processed?

A settlement check usually comes to the attorney who is handling your case. It can take four to six weeks for the insurance company to send the check. The check will be made out to you and the attorney. Your attorney will deposit the check into their firm’s trust or escrow account. This is a special account is separate from the firm’s other money. The lawyer might have to use some of the money to pay medical providers or your health insurance company. In some states, if you have unpaid child support, your lawyer may be required to send settlement money to the child support agency. Any liens on the settlement need to be handled before the funds are distributed.

When Will You Get Your Funds?

Once your attorney deals with the liens, the legal fees and costs will be taken out of the settlement. This could include expert witness fees, court fees and medical evidence fees. The attorney’s fees will also come out of the settlement before you get your money. You should receive an itemized billing when your lawyer sends the remainder of the settlement money detailing the deductions. Most lawyers will settle your case within a couple of weeks of receiving the settlement, but you should discuss the process with your lawyer.

Settling an accident claim is a complex process. Legal representation is recommended to make sure that you have an advocate on your side who understands the law. Contact a car accident lawyer, like from David & Philpot, PL.

July 29, 2020 by MatadorAdmin

Why Debt Collection Robocalls are More Bark Than Bite

Personal injury Lawyer

Any person who has received a debt collection robocall probably understands just how annoying it can be. This may be particularly true if the robocalls are threatening, harassing, or just flat-out unprofessional. Consumers who feel frightened when first receiving such calls should know that these collectors are often more bark than bite. Debt collectors may claim you will be arrested or make other empty threats, but there is often no such consequence awaiting you in the days to come.

Why do debt collectors make such threatening robocalls?

Debt collectors tend to not care about the situation of the consumer, as their primary motivation is to make as much money as possible. A person may have fallen into distressing financial times, and doesn’t have money left over at the end of each month to pay back debts. Despite a consumer being behind, this does not mean the debt collection agency is allowed to scare or bully you into making payments.

Do consumers have rights that protect them against such harassment?

While debt collectors are permitted to take certain actions in an attempt to get payment from a consumer, a person also has rights when it comes to how often and in what manner such contact is made. Depending on your state, there may be laws that protect a consumer from dealing with such inappropriate pestering.

What can I do to help stop these calls?

If you do actually owe money to the debt collection agency, you can request calls to be stopped through a written letter. If the debt collectors do not abide by your request and continue to keep sending robocalls, then they are likely in violation of your rights. If the calls do not halt, you may want to seek legal intervention and maintain records of any contact they make after receiving the letter.

Calls from a debt collector are stressful, why does the agency play on my emotions?

Debt collectors may try some very unruly and unkind tactics to get a consumer to pay up. As a response to getting these calls, you may feel embarrassed about not being able to pay your outstanding bills. Debt collections may use shame, fear, and annoyance as a method to get money from you. The best way to handle such calls is to remain calm and collected, and get legal help if you are unable to resolve the matter yourself.

What can an attorney do for me?

A lawyer, like a debt collection lawyer, can help you decide whether filing a lawsuit is the next step in getting these debt collection robocalls to stop. An attorney can offer advice on other actions to try first, before acting on a lawsuit. However, sometimes it takes a debt collector receiving notice of a lawsuit to stop sending robocalls to a consumer who owes them money. A consumer may be awarded financial restitution for the annoyance as well, permitted they are able to bring forward evidence including the debt collector’s phone numbers and voicemails.

« Previous Page

Six Tips for Settling a Car Accident Claim

Managing Social Security Disability Cases

Collecting Social Security Disability for Children

What to Know About Medical Treatment Following an Accident

Car Accident Lawyer

Understanding a Revocable Living Trust

Personal Injury Lawyer

4 Reasons To Hire a Lawyer for Your Divorce

Car Accidents: Who Is At Fault in Icy Conditions?

Car Accident Lawyer

Racing the Clock With Personal Injury Claims

Car Accident Lawyer

What Happens When Your Accident Case Is Settled?

Car Accident Lawyer

Why Debt Collection Robocalls are More Bark Than Bite

Personal injury Lawyer

L.A. Personal Injury Resources

Other Resources

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