Category: law and legal

Helpful Advice For Dealing With Personal Injury

A personal injury is not easy to live with and you have every right to sue for compensation. However, if you want to be successful in receiving a settlement that's fair, you need to be knowledgeable about personal injuries. This article is jam packed with great advice to help you understand the legal process and choose an attorney with the right amount of knowledge.

Even if you are in an accident and you do not feel like you are injured, go see a doctor. There are many times that injuries come up later as a result of an accident. Seeing a doctor will show that you had some concerns about your condition early on.

Get a detailed police report regarding an injury you receive, for future reference in court. Not only will the information gathered by the authorities be very credible, it can help prove that you were wrongfully injured and win your case. Failure to collect credible evidence means your claim may be viewed as hearsay, and that won't win you anything!

Try considering only experienced attorneys that focus on personal injury law. Since this type of a law is a niche, it is important to find an attorney that concentrates on personal injury instead of one that is trying to be a jack-of-all trades. You also want someone with several years of experience in the niche, not one that has to study up on it for your case.

Get a lawyer who specializes in personal injury cases. The law covers a vast area, so most lawyers choose to focus on a specific legal area. A real estate or divorce lawyer will be ill-equipped to handle a personal injury case effectively. If you already have a reliable lawyer who specializes in a different field, ask them for a referral to a trusted colleague who does work in personal injury.

Never settle for less than you deserve and this article was written to help you get the most out of your settlement. It is already enough that you've had to suffer a personal injury! Apply the advice you've just learned to ensure that your settlement is truly fair and you are not being led astray.

How to File an Injury Claim Fast

Filing an injury claim in New York can be complex, but there are several steps to a successful outcome. In New York, the first step is to file a notice of your claim with the Comptroller's Office. This will allow the office to investigate your case and evaluate your potential compensation. The office can also help you negotiate an early settlement to minimize the impact on your financial situation. The next step is to contact an attorney.

You can use photos to document your injuries. You can also take good quality close-up photos of any facial or body damage to help build a detailed picture of your injuries. If you're unable to take photos, try to get someone else to do so for you. You can also get a witness's statement or that of a family member if possible. Any of these can be helpful in proving your injury claim. Often, people use the terms "personal injury" and "bodily injury" interchangeably, but whichever you choose, it's important to remember the difference.

The Process Is Complicated

Personal injury claims are not simple to file. First, you must establish that the other party was negligent in causing the injury. This is done by proving that the other person was negligent, and it should be documented in a court document. It is crucial to remember that injuries heal differently from one person to another, so it's essential to gather as much evidence as possible to show the extent of your damages. A personal injury claim attorney will be able to help you with this.

An injury claim begins with the victim suffering bodily injuries. The victim then sends a written demand letter to the insurance company of the at-fault party. The adjuster will generate a claim number and assign it to a claims adjuster. The claims adjuster will then contact you to discuss a settlement. This negotiation process will include several rounds of counteroffers and offers. At the end of the process, you'll have a settlement check in your hands.

The average bodily injury claim costs around $15,000, according to Norris Injury Lawyers Huntsville AL, but is not always worth it. In addition to the lawyer's fees, you need to gather all your medical records and proof of lost wages. It's essential to take photos of your injuries and retain receipts for medical expenses and other costs. If you have the evidence, you can sue the other party for compensation. Once you have obtained the settlement, the law firm will file the lawsuit on your behalf.

You Need Help

The personal injury claim does seem like a very easy process and the truth is it is pretty straightforward. However, without the help of a good injury attorney by your side, there is a very good possibility the other parties involved are going to take advantage of your lack of knowledge about injury law. 

Always look for a qualified, experienced injury lawyer before you file the claim. They will guide you through the entire legal process and will practically guarantee that you receive the compensation you should. 

Facts To Know About Overloaded Truck Accidents

Truck accidents are obviously more dangerous than car collisions involving regular passenger vehicles. This is mainly because of the weight of a truck. If you look at how much trucks can weigh, you often see 80,000 pounds listed. This is because there is a federal regulation that dictates that a truck can be loaded up to that weight. However, even if the regulations are in place, some trucking companies try to maximize profits and go way over this maximum weight. If this happens, we are talking about overloaded truck accidents

The Maximum Weight Federal Regulation

Whenever a truck uses the interstate, federal trucking regulations have to be respected. This includes the already-mentioned regulation of having a maximum weight of 80,000 pounds. Higher weights can only be allowed when special waivers are in place. 

The maximum weight limitation exists because:

  • Highway wear and tear are minimized. 
  • The other cars on the road remain safe since too heavy trucks are not present. 
  • Bridge damage is prevented. 

The Profit Factor

The big problem is that trucking companies make money based on how much they transport from one destination to another. It is safe to limit truck weights but this does reduce how much a company can make. The same goes for the independent truckers that are often paid based on cargo load. Tailer empty space basically means more money could be made. 

In so many cases we see trucking companies and even truckers taking the unnecessary risk of violating the weight regulations. The goal is always to make more money. Law enforcement cannot monitor absolutely all trucks on the road so some do get away with vehicle overloading. 

Whenever an overloaded truck is involved in an accident, the party responsible has to become liable and accountable. The victims have to receive compensation for absolutely all losses. 

How Do Overloaded Trucks Cause Accidents?

There are different ways in which the overloaded truck can cause an accident. Even if the fact that the truck was overloaded was not the cause of the accident, the crash does become a lot worse because of not respecting federal regulations. 

The very common ways in which overloaded vehicles cause accidents or increase their severity are:

  • Overloaded cargo causes brake failure since the braking system cannot stop the overloaded truck in the necessary space. 
  • Cargo shifts inside the trailer, which leads to some sort of equipment failure. Eventually, the truck driver will lose control. 
  • Overloaded cargo makes the truck overturn or jackknife since way too much extra weight is put inside the trailer. 

Responsibility For Overloaded Trucks

In truck accidents involving overloaded trucks, the fault is usually of the trucking company or the truck driver. A huge difference in determining this main fault is the relationship between companies and drivers. When drivers are employers of trucking companies, it is the trucking company that is responsible when it did instruct that the vehicle should be overloaded or it was aware that truck drivers are overloading vehicles. Obviously, several other parties can also be responsible, as is often the case with truck accidents. 

Company Registration In Thailand Is The Easy Part -Why Foreign Investors Fail

Although company registration Thailand is certainly vital if you want to begin selling your goods and services to the Thai public and take advantage of the ASEAN economy, you can't allow it to completely consume you to the point where it causes your business to falter. It is estimated that the failure rate of foreign businesses in Thailand during the first year is somewhere between 50-75%. When a company starts up in its own country, the failure rate in year one is around 25%.

It's often the case whereby foreign businesses fail to take expert legal advice when it comes to company registration Thailand. As a result, they pour so much time and energy into this process that they completely neglect to take care of the actual running of the business. Instead of allowing it to drag you down, it's much easier to contact a fully qualified legal team to take care of the red tape.

Other Reasons Why Foreign Companies Don't Succeed In Thailand

Company registration Thailand travails aside; there are numerous reasons why businesses fail. This is a real shame because those that get it right are spectacularly successful. Below are some common mistakes that you must learn to avoid.

-Not Enough Capital: As the cost of living in Thailand is well below that of most European countries, Australia and the United States, it is often assumed that a large level of capital is not required. To be honest, you won't get rich by investing 1 million baht in a bar or restaurant. The overall average cost of living may be relatively low but there is lots of money in Thailand. You can bet that your main competitors have invested huge sums to entice discerning consumers.

-No Professionalism: Before you even consider company registration Thailand, ask yourself: Do I have experience when it comes to running a business? Many foreign investors in Thailand were only employees and not entrepreneurs back home. They come to Thailand and try and start a business in a sector they are not familiar with. This is destined to lead to disaster. If you have never run a bar or restaurant before, you simply must have someone with experience in this area. Even successful businessmen in Thailand have failed before and learned from their mistakes.

-No Imagination: If you are opening a massage parlour, bar, restaurant or even a corporate business, be aware that you will have a multitude of rivals. To compete on an even playing field, you first need to find a fantastic location and then offer a level of service unique to your sector. If you achieve success, you will need to build upon it instead of becoming complacent.

If you have the requisite capital, sufficient experience and can find a prime location, then you can begin worrying about company registration Thailand. This is actually the least of your worries because the seemingly complex legal issues can be quickly solved by an expert Thai legal team who will help you receive the necessary documents in no time.

New Laws Governing Drunk Driving Finding the Right DUI Attorney Counts

Drivers, who have escaped jail time for drunken driving offenses, were lucky in past years, but times have changed. The authorities put emphasis on improving road safety for pedestrians and motorists alike. Despite the penalty programs invented, signs of improvement are not fast approaching. Nonetheless, it is a cause worth implementing. Retracing the history of proceedings, a DWI or DUI attorney has an entitlement to request reduced punishments? However, it is a different approach, the days of reducing sentences, fines, and other acts of clemency have expired. Thus far, the license suspension laws have undergone approval in 41 of the 50 states. This is a new strategy implemented to reduce alcoholism levels and reclaim safe streets for everyone.

Failing the standard breath or blood test

All those whose reports produce blood alcohol content levels of 0.08 or above have failed and are subject to detention. This is relatively according to how the lawmakers see fit. Personal behavior and responsiveness have no implication to determine if an offender is guilty or not. The BAC (Blood Alcohol Content) level report is the solitary resource to earn him or her a conviction.

Why should a client seek a DUI attorney to help?

The arrested who fail either a breath or sobriety test, despite his or her innocence need a DUI attorney. Rationally, it is a costly effort, but with research, finding a good legal counselor should not pose mental strains. It is a serious undertaking and call for the skills of a thorough, forward-thinking advocate. As such creating a checklist of the characteristics to inspect when searching for a well-rounded lawyer is a prudent choice. These days, the simplest mistakes, are grounds for imprisonment. For that reason, he or she must approach litigation sensibly. His or her selection of a resident attorney must exemplify ethical practice and have in-depth knowledge of DUI laws.

Hiring a reliable DUI attorney is sensible as an investment. He or she is the ideal candidate to educate lawbreakers about means of enriching driver education. Additionally, they recommend self-improvement programs to aid in rehabilitation. This is the absolute solution to regain driving privileges. What is more, success primarily depends on the combined efforts of an attorney and his or her client. Since the statewide laws on DUI and DWI offenses vary, an attorney must have residency in a presiding state. His or her practice experience, success rate, personal ethics and reliability matters. The core purpose is to improve precision in filing for review and other elementary proceedings linked to DUI reintegration. With guidance, determination and compliance, future recovery is achievable.

Debt Attorneys in Dallas

A Dallas debt attorney can help you get through some of the most difficult times in your life. Virtually everyone will cope with financial issues at some point, but sometimes these issues become overwhelming and it is necessary to seek out the assistance of the debt attorney to ensure that the situation doesn't worsen. If you have been struggling with financial troubles, the services of a debt attorney can help you to overcome these trying circumstances and get your feet on more stable ground.

There are two basic ways that a debt attorney can help you toward a brighter financial future. These are:

Bankruptcy Law

Filing for bankruptcy is more common now than ever. People who've been struggling with a shaky economy and frighteningly low employment have realized that their financial troubles have exceeded their ability to handle them, and are now seeking ways to overcome these challenges and obtain a fresh start. When it comes to bankruptcy, a debt attorney can help explain the process to you and evaluate your circumstances to determine if filing for bankruptcy is appropriate for you. If you determine that such a petition could benefit you, this attorney can also help you to fill out the petition and collect the required paperwork to your case can be prepared and submitted. Once your case is been submitted, your attorney will stand by your side and help you through every step of the process.

A debt attorney will tell you that bankruptcy is often a complex and difficult process that is not successful for everyone. By seeking the guidance of such an attorney as soon as you start thinking about filing, however, you're in a better place to understand how bankruptcy may benefit you and decide if you would really like to undertake the challenges that bankruptcy may present.

Credit Card Defense

It is easy to become wrapped up in credit cards and quickly find yourself drowning in credit card debt. You may even end up owing so much and going so far into default that the credit card company sues you. If you have discovered that a lawsuit has been brought against you by a debt collector representing the credit card company, immediately seek the guidance of a debt attorney. This can be a truly frightening situation, but you cannot help to solve the problem if you ignore it or don't seek proper representation.

A debt attorney can help you through such a process by ensuring that the debt collector stops bothering you, and that it is held fully responsible for presenting adequate evidence against you. This can help you save a tremendous amount hassle, and may even save you money in the long run.

Hire Car Accident Attorney to Handle a Car Accident Case

You can simply image the stressful situation you may need to face in case you have been found guilty in an accident. Apart this, you may need to spend a lot of money for repair of your damaged vehicle. You or the other driver may get injuries because of the car accident. All these possibilities can bring many problems and worries all together. Further, the police may get involved in the case making the whole situation more complicated and stressful. You may need to collect information from the accident location and also exchange information with the driver of another vehicle before anyone leaves the accident scene.

It is very important either to consult with some experienced accident attorneys or learn the process of handing a car accident so that you do not need to struggle much in the last minute. Here are few things that you can consider to prevent yourself from the bad consequences when struck in any such situation.

The first thing to do is to collect all the evidence from the location where the car accident has taken place. You can take pictures of the damages as much as you can. You can click from different angles of yours as well as the other person's damaged vehicle. Also, you can click many other pictures and record information that you think can be used later to fight your lawsuit. The more evidence you are capable of collecting, the better it will be for your court case. You can easily prove your point through pictures and other evidences in court or get car accident attorney to prove your point on your behalf.

If anyone got injured in the car accident, then you can also take pictures of the injury as some of the injuries disappear quickly. So, to show the injury you or any other person have suffered, it is great to click pictures of the injury in advance to prove your point in front of the judge. Also, these pictures can help you in getting the justified compensation from another party at default and also from an insurance company if you have a car and accident insurance policy.

Further, you can collect medical and other expenses bills, a copy of the detail record from the police, information from eyewitness and police and other evidences related to your case. Get in touch with experienced car accident attorneys, take their help and make claims. This way, you can make valid points, prove your innocence and get the justified compensation amount.

Charged With A Theft Crime In Los Angeles? This Article Is For You!

Theft is a common criminal charge in California. It is critical for anyone accused of a theft crime to have a basic understanding of theft law, including how a prosecutor attempts to prove theft, punishments for theft, and defenses to theft allegations.

Petty Theft (Penal Code 484) and Grand Theft (Penal Code 487) are the two most commonly charged theft offenses. The only difference between petty theft and grand theft is the value of the allegedly stolen property ? if the allegedly stolen property has a value of $400 or more grand theft may be charged.

How does a prosecutor prove theft? Whether charged with petty theft or grand theft, a prosecutor must prove the following facts: (1) the defendant took possession of property owned by another person; (2) that person did not consent to defendant taking the property (3) when defendant took the property he had the intent to take it permanently or for a significant amount of time; and (4) defendant moved the property and kept it ? ?movement? occurs even if the defendant moved the property only a small distance and kept it for only a short period of time.

What are the punishments for petty theft? Petty theft is a misdemeanor, typically punished by up to 3 years of informal probation, a maximum sentence of 6 months in county jail, a $1000 fine, or both. In some instances, such as when the value of the stolen property is small and the defendant has no criminal history, petty theft may be charged as an infraction and dismissed if the defendant completes theft education classes.

What are the punishments for grand theft? Grand theft is a ?wobbler,? meaning that it can be charged as a misdemeanor or as a felony if the property has a high value. Misdemeanor grand theft carries a basic punishment of 3 years of informal probation, up to six months in jail, a $1000 fine, or both. Felony grand theft can be punished by16 months, 2 or 3 years in state prison.

Defenses to theft charges! Theft charges are often based on weak evidence that must be vigorous challenged. Depending on the facts of a case, defenses to theft charges may include: (1) lack of intent ? when the defendant took the property he did not intend to permanently keep it, (2) right of possession ? theft is not committed if the allegedly stolen goods belong to the defendant and the defendant has a right to possess them, (3) consent ? defendant had consent to take the allegedly stolen property, and (4) false theft allegations.

If you have been charged with a theft crime in Los Angeles, Van Nuys, Beverly Hills or other parts of California I hope this article has been helpful.

Sincerely,
Garret Weinrieb, Esq.
Valerio | Weinrieb Criminal Defense Attorneys

(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)

Five things that a Charlotte Family Lawyer can help with Today

If you want to hire a Charlotte family lawyer you are not alone. Unfortunately, this is not often a good thing. It typically means that you are dealing with some sort of dispute with a spouse or an ex-spouse. As stressful as it may be, once you have the right attorney on your side things will begin to get better. This is why it is so important to choose a lawyer who is experienced and able to help with the particular situation you are facing.

For example, Charlotte Custody Attorney Timothy Porterfield has been serving the area for many years. He has worked with every imaginable type of case, even those that are extremely complex and messy.

If you are unsure of what a family lawyer has to offer or whether this type of professional is best for you, it is time to get in touch with somebody who can answer all your questions. At this point, you will have a clear understanding of what comes next.

To fully understand what a Charlotte, NC family lawyer can do for you, it is best to contact a professional on the phone. That being said, here are five areas in which they specialize.

Are you currently dealing with one or more of these issues? If so, you need to contact a family lawyer who can answer your questions and review your situation. You may think you know what you are doing, but once you speak with an attorney you may find that you have been making all the wrong decisions. As you move forward, you cannot continue to make mistakes.

Do I need an Attorney?

People often times shy away from hiring a family lawyer for two reasons. First off, they don't know how much it is going to cost and whether or not they can afford it. Secondly, they are embarrassed and don't want to show their business to the world.

There is no denying that you will have to pay for the services of a family lawyer. But remember, you are getting a lot in return as far as service and expertise is concerned.

As far as being embarrassed, keep in mind that your lawyer is not going to share your situation with anybody. Along with this, they have many years of experience dealing with people just like you. This means that they have seen every imaginable situation. There is nothing to worry about here.

As you can see by now, there are quite a few ways that a Charlotte family lawyer can help. If you don't know what a lawyer can do for you or even if you need assistance, you should contact one to explain where you are. This is the only way to find out for sure if you truly need to hire an attorney or if you can do things on your own for the time being.

Common Blunders a DWI Lawyer Should Avoid

There is no denying that DWI laws are indeed intricate by nature. Because of the complexity, which is involved in these laws, attorneys tend to make mistakes and their clients have to suffer for it. If you happen to be a DWI lawyeryou should see that the interests of the defendant are properly protected at the court. When you are about to fight a DUI case for your clients you need to maintain your levelheadedness. At the same time, you should be prepared enough so that you do not commit mistakes that ultimately push your clients to the corner. Here is a close look at some common blunders about which you need to avoid when you take up a DWI case.

Ignoring license revocation

In most cases a DWI lawyertends to ignore a case of license revocation. The reason is that they think it is too tough to win a license revocation case. However, in reality it is nothing but an ungrounded fear in an attorney. You can win the case in many ways. In general, a revocation of license is imposed on an individual on the basis of breath test. Therefore as a DWI attorney, you should make it a point that you are going to base your strategies on technical defenses. You can win the case in favor of the defendant if they are able to prove that

Your client has diabetesYour client is on Adkins dietYour client has denturesYour client takes solventAlcoholic antiseptics have been used at the time of blood testThe result of a retest is below .10

Ignoring the significance of a pre trial

In a DUI case attorneys often forget to file for a motion of pre trial. This particular trial is a must in a situation when there has been no primary hearing. So before you go to contest a DUI you should make it a point that you have applied for a pre trial for your client.

Insufficient knowledge in breath test regulations

In most cases it has been observed that DUI attorneys do not get them thoroughly educated in the rules and regulations related to breath tests. It is in fact a grave mistake on their part and their insufficient knowledge might prove to be detrimental for their clients. Therefore, you should know these rules well before you are go to contest a DUI case.

Ignoring the arrest location

In most cases, it has been noticed that a DWI Lawyerdoes not check the arrest location personally. It is a grave mistake on their part. When you take up a DUI you have to make it sure that you do not commit the same mistake. As a sincere and committed lawyer, you have to make it a point that you check out the location personally. Visiting the place for yourself you will be able to collect accurate information which will ultimately help you out in questioning the arresting officer.

As a DWI specialist, you need to be careful about these mistakes. Avoiding them, you will surely see an increase in your DUI attorney fees.