Los Angeles Personal Injury Lawyer Directory

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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.

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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. 

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Child Relocation Considerations by the Court

After a divorce or separation, it is not unusual to move. Often, after a split, you may have job prospects elsewhere or you may want to move closer to family. If you have children, relocating may become more complex. This doesn’t mean that you cannot move; it simply means that you have to take more into consideration.

Relocation Considerations by the Court

When you want to relocate, you have to notify the non-relocating parent. You should notify the other parent as soon as possible. If you do not notify the other parent, the courts will not look favorably on you.
Courts will also take into consideration the distance between your home and your new home. Courts will be more likely to approve a move over a shorter distance. They will also look at the quality of life. The child should have the same opportunities for education and the same quality of life in their new home, if not better.

Best Interests of the Child Considerations

The best interest of the child is a standard that most courts use. The courts do not want to disrupt a child’s life more than necessary. You may have to prove to the court that your move will be within the best interests of the child. If the other parent does not want you to move, then he or she will also have to prove why the move is not necessary.

Courts will also consider the age of the child. If you have older children, then they may be able to speak for themselves. For instance, older and more mature children can explain their preferences and the judge can assess whether or not the child wants to move. Of course, a child’s opinion is not always going to be in his or her best interest. The court understands this and will only use a child’s preference to help inform a decision.

To move after a divorce can become a lot more complicated when you have children. You have to have permission from the other parent and you may have to go to court to prove that the move is necessary. If you decide to relocate, it is important that you follow the rules. To find out more about what you need to do in order to relocate with your children, you should set up a consultation with an attorney, as soon as possible.

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4 Reasons to Never Defend Yourself in a Criminal Case

It is no secret that criminal defense attorneys are expensive, with many charging a minimum hourly fee of $150. However, the expense is no reason to rest your defense on your own shoulders. Too many defendants believe they are capable of arguing their case despite a lack of legal knowledge or experience. Before you go down the misguided path of being your own counsel, consider the four reasons you shouldn’t.

1. Lack of Objectivity

As a defendant, you have opinions about your case that may not be based in reality. You may also have feelings about why the charges against you are not appropriate. Unfortunately, emotional argumentation will not sway a jury or the judge. Also, being prone to emotional outbursts and editorializing is likely to get much of your argument thrown out. There are decorum rules in court, which means that it is no place for emotional outbursts. An attorney can be more objective about your case and present legal arguments for your defense.

2. Inadequate Knowledge of the Law and Legal Procedures

What is your legal experience? Do you have prior courtroom engagements? Do you understand the intricacies of criminal law? Any lack of knowledge in these critical areas will hinder your defense. Beyond courtroom exchanges, the justice system is a bureaucracy, which means it is organized by deadlines and paperwork. When arguing a criminal case, you will need to adhere to the timeline. Failure to file parts of your case on time can have detrimental repercussions.

3. Limited Connections, If Any

How many lawyers have you had the pleasure to interact with and argue against? Are you familiar with the different demeanors of each judge in a specific courthouse? Criminal defense attorneys spend a considerable amount of time around the prosecution and judges. They learn the strategies that prosecutors fall back on, and they understand how to argue before different judges based on their experience. If you do not have any connections, then you will struggle to argue a productive case.

4. No Courtroom Experience

Opening and closing statements are the times to make the biggest impression with juries. Organizing your thoughts and highlighting the essential parts of your argument are crucial, but you must do so in line with the guidelines of court proceedings. If you have no courtroom experience, then you will struggle, and juries may find it hard to believe or trust you.

When is your court date? Have you already faced arraignment? Contact a local lawyer, like a criminal lawyer from Hallinan Law Firm, to discuss your charges.

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CCRC Liquor License

Continuing Care Retirement Community

The MDOR has opened up a new limited all-beverage license for CCRCs.  There are a few qualifications in order to obtain one of these licenses, but if you qualify then why not get one. 

The qualifications are as follows:

·  CCRCs must be licensed by the DPHHS;

·  Provide independent living and a graduated level of care for individuals 55 years of age or older;

·  Must have a central dining area where the alcoholic beverages will be served or purchased to be only consumed on the licened premises; and

·  The residential facility must be on one campus and under the same operator.

The CCRC License allows you to:

  • Serve all alcoholic beverages including distilled spirits, wine, and beer for on-premises consumption;
  • Serve alcoholic beverages within the hours of 11:00 am to 8:00 p.m.; and
  • Serve alcoholic beverages only to the residents and their guests of the continuing care retirement community.

The CCRC License does not allow you to:

  • Apply for a gambling license;
  • You cannot apply for a catering endorsement; and
  • You cannot sell alcoholic beverages for off-premises consumption / package sales.

Does this sound like a license that you could use?  If so, call a lawyer, like a liquor licensing lawyer in Belgrade, MT from Silverman Law Office. They have attorneys and paralegals that deal especially in liquor laws and can help you through the licensing process.

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Traffic Tickets and Appearing in Court

No one likes to receive a traffic ticket, but if you are like most people, you may not be very familiar with what the process of paying the ticket is like. You may have heard that sometimes it is necessary to appear in court. In fact, the officer who issued your ticket to you may have mentioned a court appearance. This guide will explain everything you need to know about handling your traffic ticket so you have nothing to worry about.

Appearing in Court

It is true that sometimes a court appearance is necessary. Most of the time, however, you can simply pay the amount stated on the ticket and be done with it. Court appearances are only necessary for extreme traffic violations. Each state has different rules when it comes to this, so there is not a universal rule for what violations do and do not require court appearances.

Remember, the issuing police officer is not the authority on whether or not a ticket requires a court appearance. For the most part, however, you can trust the police officer to know what he or she is talking about. If you have any doubts, you should contact the clerk’s office for your county or speak with a traffic ticket attorney to be sure. Even if the ticketing officer does not tell you to, you still may be required to come to the courthouse.

Minor Violations

If a court appearance is not necessary, you have four options for handling your ticket:

  • Visit the clerk’s office to pay the fine
  • Pay the fine by mail
  • Pay the fine online
  • Contest the ticket

You always have the option to contest any ticket, no matter how minor it is, and have the fine potentially dropped. You should only consider this option if you believe you did not violate the rules of the road and the officer was mistaken to issue the ticket. It is a good idea to speak with a traffic lawyer in Fairfax, VA, like from May Law, LLP, before you go with this option to learn how strong your case is.

Major Violations

If your violation is big enough to require a court appearance, then you will have a chance to either plead guilty and face whatever consequences the judge decides upon, or contest the ticket. If you contest the ticket, the judge will set a date for the trial and both you and the issuing officer must appear to present the evidence. An attorney is not necessary for this small trial, but it may help your case.

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How To Prove a Defective Product Claim

Personal Injury Attorney

Manufacturers and designers are legally obligated to provide their customers with products they can use with confidence. No one wants to invest in a brand new vacuum cleaner, just to have the bag burst during the first use. Additionally, some products can become dangerous if they malfunction, resulting in severe injuries for innocent customers. If you have been injured as a result of a defective or malfunctioning product, you could file a product liability claim. Here is what you will need for a valid claim.

Injury or Damage

Injury is one of the first things you will have to prove in your product liability case. If you were not injured by the malfunctioning product, then your case will not be viable. Let’s say you just bought a new desk lamp. You sit down, switch it on and start typing away on your laptop. Immediately, the lightbulb that came with the lamp begins to spark. You leap out of the way before it shatters and you knock your laptop to the floor as you fall. Luckily, your laptop and you are completely fine. In this situation—although the product did malfunction—you would not be able to file a product liability claim since you would not be able to prove that injury or damage occurred as a result of the malfunctioning desk lamp.

Defect

Next, you will have to prove that the product was defective. There are three different ways to file this claim:

  1. Error in Manufacturing – The item in question was damaged or broken during the manufacturing process. This is usually the easiest product liability claim to prove since you will have physical proof of the defect.
  2. Error in Design – The item in question is dangerous because of a flawed design. This can become more difficult to prove, since you will ultimately need to cite a specific design flaw that made the item dangerous.  
  3. Error in Messaging – The item in question has dangers not communicated to the customer. In this case, labelling is important. The manufacturer should provide sufficient warnings regarding any dangers linked to the product. 

The Defect Caused Your Injury

You will also need to prove that your injury was specifically caused by the product defect. Spraining your thumb while leaping away from a sparking desk lamp might be harder to prove then showing an arm full of burns you received when the sparks hit your skin.

If you were using a product as it was intended and you were injured when it malfunctioned, you could eligible to file a product liability claim. Worried that you don’t have all the elements for a valid claim? Reach out to a product defect liability attorney, like a personal injury attorney from Rispoli & Borneo, P.C., and see what your claim could be worth.

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AN ATTORNEY MAY MEAN MORE MONEY

Personal Injury Lawyer

When you or a loved one are involved in any type of injury incident, your first instinct may be to hold the at fault individual responsible. In most cases, a personal injury attorney would be contacted as soon as possible. However, there are also cases where an individual will simply ask questions, do research, and attempt to handle the legal problems by themselves. This is not out of confidence or even out of knowledge. Most of the times this is because individuals involved in motor vehicle accidents or other personal injury incidents fear they will lose money if they hire a personal injury attorney to represent them. And while this is true, attorneys will receive payment from your settlement once your case settled, it is also more likely that the money pot increases when you have a legal representation. So, ultimately, hiring a personal injury attorney may be more beneficial than not. 

This assumption solely depends on the factors of your case. What makes the biggest difference in the outcome is not whether you or your loved one represented themselves but whether there was any injury and medical treatment had. If you or your loved one handles your own personal injury claim, this may make the healing process more strenuous on you. This can also cause you to miss a few steps that may be especially important in your case. By hiring an attorney, you will not only put your case in the hands of an experienced professional but also be able to focus more on your treatment and getting as close back to regular life as possible. 

In most cases self-representation leads to successful settlements. However, if there is a possibility of receiving a larger claim, you should take it. Personal injury attorneys have experience negotiating with insurance companies and understands what paperwork needs to filed with the court systems to proceed with a case or potential lawsuit. Lawsuits are usually filed once an insurance company is lowballing a victim and a jury needs to hear the case to increase the amount offered. If you are handling the case on your own, to end the case swiftly, you may not pursue a lawsuit. Which is equivalent to you likely being lowballed and not knowing.

Speak with a skilled attorney, like a personal injury attorney in Atlanta, GA from Andrew R. Lynch, P.C., to discuss your options in your personal injury claim. You do not have to go through it alone. 

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What To Do After Getting a Traffic Ticket

Personal Injury Lawyer

Getting pulled over for a traffic ticket can be a stressful experience. You may feel embarrassed or fearful about how you will pay for it. You may be confused about why you have been pulled over to begin with. You may dread having to tell your spouse that you got another ticket. If you find yourself in this situation, you have three options: You can admit guilt and pay the fine, take a traffic violation class or contact a lawyer. The option you choose will depend on your exact situation and the circumstances surrounding it.

Admit Guilt and Pay the Fine

If you know exactly why you were given a traffic ticket, your best option might be to admit fault and pay the fine. You can consider this lesson learned, and you will be much less likely to speed or do other traffic violations in the future. Be sure that you pay the fee in a reasonable time frame so that you will not be considered contempt of court for not paying your fees.

Take a Traffic Violation Class

Every state’s laws differ when it comes to traffic violations, and you need to be aware of yours. Some states may allow first-time offenders to take a traffic violation class to receive forgiveness for the first ticket. This allows those without a record of traffic violations to have this one removed from a permanent record and to have a second chance at a clean slate. Once you get this second chance, though, you will likely have to pay for any future violations.

Contact a Lawyer

If you received a ticket for something that you think is wrong or unfair, it is your right to seek representation to have the ticket removed from your record. You can talk to an attorney to find out if your case is worth pursuing or if you need to pay the fees. Be sure that you keep up with any court dates that you are supposed to attend. Be sure that your representation understands exactly what happened so that they can make the best recommendations for your situation.

Traffic violations can be a source of stress for anyone, but with a few key points in mind, you can understand all of your options. For those wanting to seek legal representation over a traffic violation incident, contact a lawyer today to see what can be done for your case. Get started by calling a Traffic Violation Lawyer, like the lawyers at The Law Offices of Mark T. Hurt, to arrange a consultation.

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Top 3 Myths About Traffic Tickets

Personal Injury Lawyer

To be pulled over for a DWI can be an extremely sensitive situation. You may not know what to do next. Before you make any moves, it’s important to clear up three major myths regarding traffic court and tickets.

Cops Don’t Go to Court

Some people believe that cops do not show up in traffic court and hence won’t be there to testify. Some even think that if the cop doesn’t show up, the case gets thrown out. The truth is that if you are charged with a traffic offense, especially a serious offense, then the cop will show up to testify. It is important to have a defense ready.

You Don’t Have to Show Up

You just received your speeding ticket and court date but everyone you know is telling you that you don’t have to show up for court. Perhaps they said that if you don’t show up, it’ll get thrown out. Maybe they said that you can pay your fine and get out of court. Only one of those answers is true.

You can pay your traffic ticket to the clerk’s office. In many cases, this means that you do not have to got to traffic court. Now, this is only for minor crimes. If you have a speeding ticket, for instance, then you probably won’t have to show up for court if you pay it. However, if you have a DUI or any other serious offense, you need to show up for court. If you don’t show up, there will be a bench warrant issued for you.

Traffic Tickets Don’t Cross State Lines

It is a common misconception that if you receive a ticket in one state, that you can go to another and never worry about the ticket again. The problem with this myth is that there are 46 states that report traffic offenses to one another. This means that if you are charged with a traffic offense in one state, it will still affect your license in another.

When it comes to DUI charges, you cannot run from them. They will follow you and you will have to appear in court. In fact, in order to have your DUI penalties transferred to another state, that state has to have the same penalties available.

If you were charged with a DUI, it is crucial that you have a lawyer to defend you. Do not buy into the myths around traffic court and keep in mind that DUIs are serious driving offenses. To find out more about what you can do, contact a DUI lawyer to discuss your options. Get started by calling a Traffic Violation Lawyer, like the lawyers at The Law Offices of Mark T. Hurt, to arrange a consultation.

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