Companies often hire a business tax attorney to take care of the finances and to make sure that affairs are settled with the Internal Revenue Service at the end of each year. These lawyers that specialize in taxation can be the first defense for a business when it comes to navigating the tricky and intricate taxation laws. They can help a business make sure that an adequate amount of money is being paid each year to the government. Also, should any kind of legal action be taken by the government for money owed, a business tax attorney can go to court on behalf of the company. He can represent a case in court, should the need arise, can negotiate with the IRS, and can help the business owner devise a method of organizing finances in such a way that taxes are handled with knowledge and efficiency.
Just as any wise business owner would hire individuals with certain talents and qualifications who could do specific jobs, such as hiring a person with sales experience to sell the company's products, so should he consider thoughtfully hiring a business tax attorney in order to make sure that very important aspect of the company is not overlooked or neglected. Some, however, are hesitant to expend some of the company's budget on hiring a business tax attorney to help handle the corporation's finances. They mistakenly believe that they can handle the various nuances of tax law without having to enlist the aid of a professional. Or they seek accountants to handle all the work, believing that the expense of hiring a lawyer would be too great. While wanting to be conservative with the business' money is commendable, what many may not realize is that refusing to expend the cash initially may cost the company much more in the future.
Sometimes, people make the mistake of thinking that any attorney, regardless of the type of law he usually practices, can handle their tax issues. This could not be further from the truth. There are so many specialized fields of study in law that any other type of lawyer would not have the depth of knowledge required to adequately represent the company. A business tax attorney has to complete specialized courses in tax law; his studies primarily center around relationships between companies, the government, and finances. And while it is not a stretch to assume that all lawyers will at least be acquainted with the fundamentals of taxation law, considering the complexity of the field, a successful attorney will need to have more of an in-depth knowledge.
One of the most important things a person needs to consider when reviewing candidates and looking to hire a business tax attorney is the education of each of the lawyers. Obviously, a person's educational background matters, especially when that person is going to be fighting to keep the company out of financial and legal trouble. A business owner would be wise to hire a lawyer from a well regarded law school. Admittedly, if a lawyer did not attend a prestigious university, it does not mean that the individual is not adept at his job or fully capable of representing the company's interests. But choosing a lawyer who received his degree from a well known law school is the best way to hire someone who has trained under some of the brightest legal minds in the country and who obviously possesses a great deal of intelligence, which is of course a prerequisite to gaining admission to a high profile university.
Often, companies do not see the need for a business tax attorney until they are already in trouble with the government. If taxes are not paid on time, or are not paid fully, the owner of the company can stand to lose everything: his business, his assets, and sometimes even his freedom. When faced with the severe consequences that come after not having paid one's taxes, the best line of defense is to hire a capable, reputable lawyer to represent the case and the help prepare for what lies ahead. Even if the government is just auditing a person's company, having a lawyer can help in gathering paperwork and determining what needs to be done. Since these types of lawyers handle problems everyday in their chosen career, they are also best suited to helping navigate the obligations a company has to federal and state governments and resolving any issues that may arise. While having a lawyer does not necessarily mean that should a legal battle ensue between the owner of a company and the government that the owner will win, it does improve the chances of negotiation and reaching a settlement.
For a company, few things are more important than making sure that an organized finance department exists that can efficiently handle the distribution and payment of taxes. There are also few areas that are more complex and require more attention and fact-checking. Having to pay the government for any money received is unavoidable and is the responsibility of every American. "Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour" (Romans 13:7). And not taking the obligation seriously can cause a host of problems for an entrepreneur. Often, people find that hiring a business tax attorney is the best way to protect themselves from making grave financial mistakes and to defend themselves against often hefty consequences should accidental errors occur.
Tuesday, October 13, 2009
Car Accident Attorney
After a collision, an auto accident lawyer can be a useful ally for the consumer seeking justice. For the client who was injured in an accident, or who has found themselves in the position of loosing time on the job, legal representation can make all the difference in the financial welfare of the client and their family. Individuals who feel that they were wrongly assigned fault in a traffic mishap could also benefit from the help offered by a car accident attorney. Even when no injuries have occurred, the possible need for legal representation still exists. Uninsured drivers who are found at fault in a collision often end up in need of legal counsel. A legal professional with expertise in these areas can offer a wide range of services to the driver and non driver alike. Pedestrians who received injury at the hands of a negligent driver or consumers who purchased defective vehicles are two examples of clients who could benefit from the skill and knowledge of a competent attorney.
The first question that a consumer might ask themselves is when is an auto accident lawyer really necessary? The most pressing needs are created when serious or permanent injury or even death as the result of an automobile crash occur. Another pressing justification for legal counsel happens when those involved in the mishap are at odds as to who is at fault or if there is believed to be some discrepancies within the police report. If a client who has been found to be at fault and has low insurance liability or no insurance at all, or if a client's insurance company claims that premiums were not paid, he should retain legal representation as soon as possible. Obviously, if a client discovers that his insurance company has retained counsel, he should do likewise. Some less pressing reasons to consult a car accident attorney might include confusion over the details and terms of an insurance policy, fear that an insurer is not looking out for the best interests of the client, disagreement over a claim settlement, or confusion over insurance paperwork.
There are many things that someone who has just been involved in a collision can do to help the car accident attorney do their job or to aide in preventing confusion that could lead to legal trouble. An uninjured driver should take note of several things immediately following an automobile accident. Obviously, those involved in the incident should call 911 and make a report right away. Important things to write down after an accident include; names, driver's license numbers, the contact and insurance information of all involved, the date, time and location of the incident, any appearance of intoxication on the part of a driver, any witnesses to the mishap, names and contact information of any passengers, witnesses, or pedestrians involved, any suspicious or telling statements that might be overheard such as "I was looking the other way" or "I feel fine, I'm not hurt', a detailed description of what happened while it is still fresh in the mind, any contributing factors to the collision such as improperly functioning headlights or low quality tires, and the names and contact information of any police officials at the scene.
When serious injuries have occurred, a personal injury claim may be the only way to preserve a family's financial well being. An auto accident lawyer can help the client file a claim in the unfortunate event that a loved one is killed, or the client sustains serious injuries such as a serious spinal or brain injury, permanent disfigurement, the loss of a limb, blindness or hearing loss, or fractured bones. When this is the case, advice from a skilled car accident attorney should be sought as quickly as possible since filing deadlines often loom in these cases. Proving who is at fault in the event of an accident can be difficult, especially when neither party will admit responsibility. This is one area where legal representation can prove to be invaluable. A legal professional who specializes in this area of law can help a client pull together the facts of the incident and prove that the client has been wronged and therefore deserves compensation. Experiencing a serious automobile crash can be emotionally as well as physically devastating. Having a skilled professional fighting on an injured client's behalf can make a life changing difference in a difficult situation. The Bible frequently expresses compassion for hurting individuals. "Casting all your care upon him; for he careth for you." (1 Peter 5:8)
Financial concerns can sometimes prevent a client from approaching an auto accident lawyer for help. Many law firms offer a free initial consultation to discuss the details of a particular case. Some legal professionals work on a contingency fee. This means that they only accept payment from clients who win a settlement, charging them nothing if they do not win. If another driver has been negligent and that negligence has resulted in harm and injury to a client, the services of an auto accident lawyer can help a client recover damages. If a product has been found to be defective and that product was a contributing factor in a collision, there may also be grounds for a claim. Anyone involved in an automobile mishap, particularly one that has resulted in injuries, would be wise not to talk to the insurance company representing the party who was found to be at fault. A qualified legal professional will represent the client in all dealings with the other driver's insurance company.
The first question that a consumer might ask themselves is when is an auto accident lawyer really necessary? The most pressing needs are created when serious or permanent injury or even death as the result of an automobile crash occur. Another pressing justification for legal counsel happens when those involved in the mishap are at odds as to who is at fault or if there is believed to be some discrepancies within the police report. If a client who has been found to be at fault and has low insurance liability or no insurance at all, or if a client's insurance company claims that premiums were not paid, he should retain legal representation as soon as possible. Obviously, if a client discovers that his insurance company has retained counsel, he should do likewise. Some less pressing reasons to consult a car accident attorney might include confusion over the details and terms of an insurance policy, fear that an insurer is not looking out for the best interests of the client, disagreement over a claim settlement, or confusion over insurance paperwork.
There are many things that someone who has just been involved in a collision can do to help the car accident attorney do their job or to aide in preventing confusion that could lead to legal trouble. An uninjured driver should take note of several things immediately following an automobile accident. Obviously, those involved in the incident should call 911 and make a report right away. Important things to write down after an accident include; names, driver's license numbers, the contact and insurance information of all involved, the date, time and location of the incident, any appearance of intoxication on the part of a driver, any witnesses to the mishap, names and contact information of any passengers, witnesses, or pedestrians involved, any suspicious or telling statements that might be overheard such as "I was looking the other way" or "I feel fine, I'm not hurt', a detailed description of what happened while it is still fresh in the mind, any contributing factors to the collision such as improperly functioning headlights or low quality tires, and the names and contact information of any police officials at the scene.
When serious injuries have occurred, a personal injury claim may be the only way to preserve a family's financial well being. An auto accident lawyer can help the client file a claim in the unfortunate event that a loved one is killed, or the client sustains serious injuries such as a serious spinal or brain injury, permanent disfigurement, the loss of a limb, blindness or hearing loss, or fractured bones. When this is the case, advice from a skilled car accident attorney should be sought as quickly as possible since filing deadlines often loom in these cases. Proving who is at fault in the event of an accident can be difficult, especially when neither party will admit responsibility. This is one area where legal representation can prove to be invaluable. A legal professional who specializes in this area of law can help a client pull together the facts of the incident and prove that the client has been wronged and therefore deserves compensation. Experiencing a serious automobile crash can be emotionally as well as physically devastating. Having a skilled professional fighting on an injured client's behalf can make a life changing difference in a difficult situation. The Bible frequently expresses compassion for hurting individuals. "Casting all your care upon him; for he careth for you." (1 Peter 5:8)
Financial concerns can sometimes prevent a client from approaching an auto accident lawyer for help. Many law firms offer a free initial consultation to discuss the details of a particular case. Some legal professionals work on a contingency fee. This means that they only accept payment from clients who win a settlement, charging them nothing if they do not win. If another driver has been negligent and that negligence has resulted in harm and injury to a client, the services of an auto accident lawyer can help a client recover damages. If a product has been found to be defective and that product was a contributing factor in a collision, there may also be grounds for a claim. Anyone involved in an automobile mishap, particularly one that has resulted in injuries, would be wise not to talk to the insurance company representing the party who was found to be at fault. A qualified legal professional will represent the client in all dealings with the other driver's insurance company.
Juvenile Criminal Attorney
The courtroom was packed as the juvenile criminal attorney began wrapping the arson hearing against the thirteen year old boy who was accused of setting fire to the town's public library. The library had been torched at night and there were no injuries, but the small town in the Allegheny Mountains felt injured by the audacity of one of its own children who had been taught in the local school system and who had attended several church youth groups in town could do such an act. Some of the adults were surprised that there would be an open public court for an underage proceeding, but changes in adlescent law in most of the states in the 1990s had torn down the privacy associated with juvenile court proceedings of the past. Also surprising to many of the adults was the fact that the judge was actually a barrister from an adjoining town and not an elected judge. In fact, the county had begun appointing various attorneys to rule in many of its juvenile cases, and this proceeding was no exception. The juvenile defense lawyer sat quietly, still taking notes as she had done throughout the hearing, and once in a while glancing over and giving the seemingly very little boy seated next to her a confident smile.
The juvenile defense lawyer knew that the mood of the town was to see this young man put away until the advent of the offender's twenty-first birthday. In the past twenty years, the entire American view of juveniles had changed, and with this change juvenile courts responded by making more punishment and less rehabilitation the rule of practice. For underage offenders, there is no constitutional right to an indictment, bail or a jury trial. Both the juvenile criminal attorney and the juvenile defense attorney liked the last caveat, because although the courtroom was packed, there was no jury in the box, and the only person that had to be convinced that their case was the correct one was the judge, who happened to be a friend to both. The juvenile criminal attorney, also a county appointed officer of the court, laid out the very convincing case against the thirteen year old. Not only had the young man told most of the school what the young offender had done, but dirty fingerprints all over the gas can found to be used in the torching belonged to the young man.
Both the juvenile defense attorney and the juvenile criminal attorney had sat down six weeks before the public hearing with the attorney who had been appointed the judge in this matter. The young presumed offender kept insisting on innocence, and so the young offender's parents knew what the stakes were in this very criminal matter, and decided that some of the boy's college money would have to be spent on defending their only child. They understood that a hearing before the judge would really not be about guilt or innocence, but about the boy's immediate future. Both parents knew deep in their hearts that the young man was probably guilty. At this private hearing, both attorneys gave an impassioned plea regarding the next five to seven years of the young man's life. The barrister for the county asked repeatedly that the young man be placed in a reformatory for under eighteen offenders until the boy's twenty first birthday. The juvenile defense lawyer for the boy argued passionately for leniency, or a compromised approach to punishment, which included a pastor, the boy's current teacher, and a psychologist giving testimony as to the basically gentle nature they had observed in the young man.
After all the evidence had been heard, the lawyer/judge asked the young man how he felt, and whether or not the offender actually owned up to the act so clearly proven at the hearing. The boy broke down emotionally and said he was very sorry for the actions, and that what had been done was an act not just directed at a librarian that had treated the young man poorly, but against the entire town. The juvenile offender shared with the courtroom the sadness that came with the anger so many people at directed at the boy. The boy shared that wherever in town the youngster traveled, people called the boy names and threatened to hurt the family. The young man also expressed deep sorrow for not admitting earlier the responsibility for the arson.
Before the lawyer/judge rendered the decision, the judge asked that the juvenile criminal attorney, the juvenile defense lawyer, the psychologist and the boy's parents meet in the judge's chambers, which was borrowed from a circuit court judge for the day. The judge began asking the criminal barrister to again state the case for incarceration until the age of twenty one. The judge then asked the defense attorney to give a list of compromise ideas for the boy's immediate future. The ideas included mandatory family counseling, a summer at a youth boot camp, community service that would be decided by the Chamber of Commerce and would be carried all summer for five years and a denial of a driver's license until twenty one. The judge also asked for the parents to speak of the boy's attitude and resolve in the months since the act was committed. Finally, the psychologist was asked to give her opinion in regards to the boy's ability to accept and react to correctional measures. "For all have sinned and fallen short of the glory of God." (Romans 3:23)
The juvenile defense lawyer knew that the mood of the town was to see this young man put away until the advent of the offender's twenty-first birthday. In the past twenty years, the entire American view of juveniles had changed, and with this change juvenile courts responded by making more punishment and less rehabilitation the rule of practice. For underage offenders, there is no constitutional right to an indictment, bail or a jury trial. Both the juvenile criminal attorney and the juvenile defense attorney liked the last caveat, because although the courtroom was packed, there was no jury in the box, and the only person that had to be convinced that their case was the correct one was the judge, who happened to be a friend to both. The juvenile criminal attorney, also a county appointed officer of the court, laid out the very convincing case against the thirteen year old. Not only had the young man told most of the school what the young offender had done, but dirty fingerprints all over the gas can found to be used in the torching belonged to the young man.
Both the juvenile defense attorney and the juvenile criminal attorney had sat down six weeks before the public hearing with the attorney who had been appointed the judge in this matter. The young presumed offender kept insisting on innocence, and so the young offender's parents knew what the stakes were in this very criminal matter, and decided that some of the boy's college money would have to be spent on defending their only child. They understood that a hearing before the judge would really not be about guilt or innocence, but about the boy's immediate future. Both parents knew deep in their hearts that the young man was probably guilty. At this private hearing, both attorneys gave an impassioned plea regarding the next five to seven years of the young man's life. The barrister for the county asked repeatedly that the young man be placed in a reformatory for under eighteen offenders until the boy's twenty first birthday. The juvenile defense lawyer for the boy argued passionately for leniency, or a compromised approach to punishment, which included a pastor, the boy's current teacher, and a psychologist giving testimony as to the basically gentle nature they had observed in the young man.
After all the evidence had been heard, the lawyer/judge asked the young man how he felt, and whether or not the offender actually owned up to the act so clearly proven at the hearing. The boy broke down emotionally and said he was very sorry for the actions, and that what had been done was an act not just directed at a librarian that had treated the young man poorly, but against the entire town. The juvenile offender shared with the courtroom the sadness that came with the anger so many people at directed at the boy. The boy shared that wherever in town the youngster traveled, people called the boy names and threatened to hurt the family. The young man also expressed deep sorrow for not admitting earlier the responsibility for the arson.
Before the lawyer/judge rendered the decision, the judge asked that the juvenile criminal attorney, the juvenile defense lawyer, the psychologist and the boy's parents meet in the judge's chambers, which was borrowed from a circuit court judge for the day. The judge began asking the criminal barrister to again state the case for incarceration until the age of twenty one. The judge then asked the defense attorney to give a list of compromise ideas for the boy's immediate future. The ideas included mandatory family counseling, a summer at a youth boot camp, community service that would be decided by the Chamber of Commerce and would be carried all summer for five years and a denial of a driver's license until twenty one. The judge also asked for the parents to speak of the boy's attitude and resolve in the months since the act was committed. Finally, the psychologist was asked to give her opinion in regards to the boy's ability to accept and react to correctional measures. "For all have sinned and fallen short of the glory of God." (Romans 3:23)
International Tax Attorney
Many individuals require the services of an international tax attorney or international business lawyer to protect the interests of personal or company assets. Most large companies have at least some international contacts and contracts for natural resources, workers or distribution purposes. With increasing e-commerce developing, these webs of contacts become ever more complex. Think about all of the normal problems which arise while doing business. Then add the possibility of complications which arise because of differences in language or culture. Factor in the multitude of legal requirements of the various countries with which a company may do business. Without the help of an international business lawyer who has experience in these matters, a company can soon find itself mired in a legal nightmare. Personal assets associated with foreign countries may also require consultation with an international tax attorney to ensure that International Revenue Service (IRS) requirements are being met.
Although these professionals will be willing to help clients with a multitude of areas, most would agree that the best time to order a consultation is before a person enters into international contracts or investments. That way the best possible foundation is laid for one's personal or business matters. This is especially true because advice is often sought when clients are in the midst of beginning, reorganizing or ending an international business matter, or when clients are about to move into or out of the United States. Tax benefits are best realized if plans are made before entering into these activities. For example, some actions could result in increased tax burdens. However, if advice is sought prior to taking any action, one may be able to avoid additional taxes.
There are substantial penalties for failing to report transactions involving other countries. Therefore, it is wise to establish a relationship with an experienced international tax attorney who can provide information about United States filing requirements. Usually these are quite willing to work with a business' own lawyer to come up with the best solution for the corporation. Also, these professionals may have their own network of contacts within the foreign countries who can assist with information about taxes or other legal issues.
Tax attorneys specialize in representing taxpayers. They may provide advice in areas ranging from personal liability to corporate laws and requirements. Usually, the taxpayer does not have to be present for the lawyer to represent him or her to the IRS. This is very convenient, especially for those who may live abroad or who are presently occupied with matters in another country. Although there are many areas of special expertise, look for evidence of experience in dealing with the IRS and especially, with the areas most relevant to the taxpayer's own case. An experienced international tax attorney should be able to provide references from individuals who have had issues in similar areas as the prospective client.
Some areas of specialized expertise which a tax attorney may display are the following: Sales of stock or assets, treaties, passive foreign investment companies, and tax planning. Joint ventures, income sourcing, foreign credits, and foreign currency transactions are also areas which may require assistance of some type. These are just the tip of the iceberg. Actually, one might be wise to check with an international tax attorney before initiating any type of exchange involving foreign money. Frequently, the tax attorney may have a significant role at first while setting up the required organization or investment. It is likely that this contact will diminish as time goes on, except for consultation at occasional crossroads for the business or investment. However, the help that these professionals can provide will pay for itself in the fees and difficulties which he or she can help an individual avoid. Peace of mind from knowing that one is conducting business in a legal and honorable way is also of inestimable value. As the writer of Proverbs 10:25 says, As the whirlwind passeth, so is the wicked no more: but the righteous has an everlasting foundation.
An international business lawyer specializes in tax questions pertaining to business. They may deal with strategic tax planning and its practical outworking when a business has to deal with a multitude of borders or jurisdictions. Many firms employ staff in a variety of countries who can provide advice on a multitude of issues. These firms also may maintain a network of local contacts who can facilitate matters in their specific areas. Some of the issues which might require help may be acquisitions or divestitures which involve crossing borders, managing financing, equipment leasing or other financial matters which are complicated by distance, and advising about joint ventures or emerging markets. A business tax attorney may become involved in treaty negotiation, advance pricing agreements or other items related to major transactions involving other nations. At times, an international business lawyer must be able to handle transactions or developments which are on the cutting edge of finance and law.
An Internet search can reveal directories for finding appropriate professionals to deal with the issues which are important to one's particular industry or investments. Some issues which clients may be dealing with are commercial disputes due to licensing or trademark claims, collections, and international fraud. Real estate development and e-commerce issues are also assuming greater roles in international business matters. Whether the issues are large or small, these tax professionals are ready to help an individual make wise decisions concerning business or personal investments.
Although these professionals will be willing to help clients with a multitude of areas, most would agree that the best time to order a consultation is before a person enters into international contracts or investments. That way the best possible foundation is laid for one's personal or business matters. This is especially true because advice is often sought when clients are in the midst of beginning, reorganizing or ending an international business matter, or when clients are about to move into or out of the United States. Tax benefits are best realized if plans are made before entering into these activities. For example, some actions could result in increased tax burdens. However, if advice is sought prior to taking any action, one may be able to avoid additional taxes.
There are substantial penalties for failing to report transactions involving other countries. Therefore, it is wise to establish a relationship with an experienced international tax attorney who can provide information about United States filing requirements. Usually these are quite willing to work with a business' own lawyer to come up with the best solution for the corporation. Also, these professionals may have their own network of contacts within the foreign countries who can assist with information about taxes or other legal issues.
Tax attorneys specialize in representing taxpayers. They may provide advice in areas ranging from personal liability to corporate laws and requirements. Usually, the taxpayer does not have to be present for the lawyer to represent him or her to the IRS. This is very convenient, especially for those who may live abroad or who are presently occupied with matters in another country. Although there are many areas of special expertise, look for evidence of experience in dealing with the IRS and especially, with the areas most relevant to the taxpayer's own case. An experienced international tax attorney should be able to provide references from individuals who have had issues in similar areas as the prospective client.
Some areas of specialized expertise which a tax attorney may display are the following: Sales of stock or assets, treaties, passive foreign investment companies, and tax planning. Joint ventures, income sourcing, foreign credits, and foreign currency transactions are also areas which may require assistance of some type. These are just the tip of the iceberg. Actually, one might be wise to check with an international tax attorney before initiating any type of exchange involving foreign money. Frequently, the tax attorney may have a significant role at first while setting up the required organization or investment. It is likely that this contact will diminish as time goes on, except for consultation at occasional crossroads for the business or investment. However, the help that these professionals can provide will pay for itself in the fees and difficulties which he or she can help an individual avoid. Peace of mind from knowing that one is conducting business in a legal and honorable way is also of inestimable value. As the writer of Proverbs 10:25 says, As the whirlwind passeth, so is the wicked no more: but the righteous has an everlasting foundation.
An international business lawyer specializes in tax questions pertaining to business. They may deal with strategic tax planning and its practical outworking when a business has to deal with a multitude of borders or jurisdictions. Many firms employ staff in a variety of countries who can provide advice on a multitude of issues. These firms also may maintain a network of local contacts who can facilitate matters in their specific areas. Some of the issues which might require help may be acquisitions or divestitures which involve crossing borders, managing financing, equipment leasing or other financial matters which are complicated by distance, and advising about joint ventures or emerging markets. A business tax attorney may become involved in treaty negotiation, advance pricing agreements or other items related to major transactions involving other nations. At times, an international business lawyer must be able to handle transactions or developments which are on the cutting edge of finance and law.
An Internet search can reveal directories for finding appropriate professionals to deal with the issues which are important to one's particular industry or investments. Some issues which clients may be dealing with are commercial disputes due to licensing or trademark claims, collections, and international fraud. Real estate development and e-commerce issues are also assuming greater roles in international business matters. Whether the issues are large or small, these tax professionals are ready to help an individual make wise decisions concerning business or personal investments.
IRS Tax Lawyer
An IRS tax lawyer can be an incredible source of knowledge, legal assistance and reassurance for the taxpayer feeling the enormous shadow and pressure the government can place on recalcitrant citizens. No doubt an IRS tax lawyer would be the first to oppose the push to make tax (or tariff) returns as simple and as small as a post card, and may also oppose the idea of a flat tariff, after all there's big dollars in those thousands of pages of unreadable tax code. But in the here and now, someone who has had extensive experience in workings of the Internal Revenue Service as well as formal collegiate training in the intricacies of the monstrous US tariff code. There are dozens on attorneys online as well as hundreds more in the phonebooks of cities all across the country. All are ready to help for the right price.
If one looks online for a tax lawyer, many individual practices and firms will pop up to help someone with corporate taxes, estate tariffs and the normal demands the government makes on every person's wallet. But when the IRS is added to the keyword phrase, a new dimension comes into view, and that is help in dealing with that arm of the government that can put people in jail for fraud and evasion. But perhaps criminal intent is never the motive but rather simple failure to pay back taxes. And most have heard of horror stories regarding the lack of heart, patience and empathy that the IRS for US citizens when things aren't done their way. So in steps the IRS tax lawyer to help. While it's important to have representation before the Internal Revenue Service, who will represent us before Almighty God? "My little children, these things I write unto you that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous." (I John 2:1)
Many attorneys that work for clients in Internal Revenue matters have also had experience working for the IRS in the past. While this may not be the most important criteria in the search for one's own representation, the fact that a former Internal Revenue employee is now working against the agency on your behalf can be quite comforting. There is a culture within the Service that when understood can help in defending against its charges. When it comes to having one's bank account levied or a paycheck being garnished, things can seem quite hopeless. It is at a time like that when an IRS tax lawyer can go to work and help resolve the situation. However, bringing a tariff pro in before the situation ever gets to that point is the wisest decision.
An IRS tax lawyer can accompany a client to an audit of past returns if needed. Before going, the attorney and client can go over various issues that might be topics of interest to the government. Since the tariff expert knows how the Internal Revenue Service thinks, solutions may already be crystallized and then presented to government agents as possible answers to the client's situation. Issues like filing back taxes, tax audit protection, planning to mitigate future problems are all part of what an IRS tax lawyer can do. And when things have gotten so bad and there is no other option, the IRS tax lawyer can also help and with guidance through the bankruptcy maze. And while bankruptcy doesn't get wash away tax liability, the attorney can help lower them.
One of the most powerful tools a person has when the tariff debt is large and cannot be repaid is the Offer in Compromise option that the Internal Revenue offers to taxpayers. This is an agreement between the government and citizen that can lower the original liability quite dramatically. The Service does have the authority to make deals with taxpayers, but only under certain conditions. An IRS tax attorney can quickly navigate through all the red tape and be able to present a compromise to which the government is more likely agree. Taxpayers without knowledge of the system can often craft an Offer in Compromise that is declined by the Service. That can be disconcerting when the IRS sometimes accepts five cents on the dollar for an agreed OIC.
When a taxpayer ignores the warnings of the Service and basically attempts to play the "don't ask don't tell" game, the anecdotal stories of harassment, garnishment and levies will most certainly begin. And if that occurs, the taxpayer will no doubt run to the nearest website and hire an expert of some kind. And many online tariff services offer unbelievable results from their efforts and advocacy, but many are of the type that the IRS warns taxpayers to avoid. Despite the fact that the government did launch a few years ago a new program of tax settlement, many taxpayers believed it was actually an opportunity to have all liability wiped clean, but of course this was a false assumption. The Service may be trying to clean up its act regarding ruthless tactics and unsympathetic stances, but has not abdicated its duty to be a tax collector. So if the reader is in a tough way with the Service and the handwriting is on the wall, choose wisely when hiring an IRS tax lawyer. His or her service may cost as much as twenty five hundred dollars so it needs to be a decision that one will look back and be pleased to have made.
If one looks online for a tax lawyer, many individual practices and firms will pop up to help someone with corporate taxes, estate tariffs and the normal demands the government makes on every person's wallet. But when the IRS is added to the keyword phrase, a new dimension comes into view, and that is help in dealing with that arm of the government that can put people in jail for fraud and evasion. But perhaps criminal intent is never the motive but rather simple failure to pay back taxes. And most have heard of horror stories regarding the lack of heart, patience and empathy that the IRS for US citizens when things aren't done their way. So in steps the IRS tax lawyer to help. While it's important to have representation before the Internal Revenue Service, who will represent us before Almighty God? "My little children, these things I write unto you that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous." (I John 2:1)
Many attorneys that work for clients in Internal Revenue matters have also had experience working for the IRS in the past. While this may not be the most important criteria in the search for one's own representation, the fact that a former Internal Revenue employee is now working against the agency on your behalf can be quite comforting. There is a culture within the Service that when understood can help in defending against its charges. When it comes to having one's bank account levied or a paycheck being garnished, things can seem quite hopeless. It is at a time like that when an IRS tax lawyer can go to work and help resolve the situation. However, bringing a tariff pro in before the situation ever gets to that point is the wisest decision.
An IRS tax lawyer can accompany a client to an audit of past returns if needed. Before going, the attorney and client can go over various issues that might be topics of interest to the government. Since the tariff expert knows how the Internal Revenue Service thinks, solutions may already be crystallized and then presented to government agents as possible answers to the client's situation. Issues like filing back taxes, tax audit protection, planning to mitigate future problems are all part of what an IRS tax lawyer can do. And when things have gotten so bad and there is no other option, the IRS tax lawyer can also help and with guidance through the bankruptcy maze. And while bankruptcy doesn't get wash away tax liability, the attorney can help lower them.
One of the most powerful tools a person has when the tariff debt is large and cannot be repaid is the Offer in Compromise option that the Internal Revenue offers to taxpayers. This is an agreement between the government and citizen that can lower the original liability quite dramatically. The Service does have the authority to make deals with taxpayers, but only under certain conditions. An IRS tax attorney can quickly navigate through all the red tape and be able to present a compromise to which the government is more likely agree. Taxpayers without knowledge of the system can often craft an Offer in Compromise that is declined by the Service. That can be disconcerting when the IRS sometimes accepts five cents on the dollar for an agreed OIC.
When a taxpayer ignores the warnings of the Service and basically attempts to play the "don't ask don't tell" game, the anecdotal stories of harassment, garnishment and levies will most certainly begin. And if that occurs, the taxpayer will no doubt run to the nearest website and hire an expert of some kind. And many online tariff services offer unbelievable results from their efforts and advocacy, but many are of the type that the IRS warns taxpayers to avoid. Despite the fact that the government did launch a few years ago a new program of tax settlement, many taxpayers believed it was actually an opportunity to have all liability wiped clean, but of course this was a false assumption. The Service may be trying to clean up its act regarding ruthless tactics and unsympathetic stances, but has not abdicated its duty to be a tax collector. So if the reader is in a tough way with the Service and the handwriting is on the wall, choose wisely when hiring an IRS tax lawyer. His or her service may cost as much as twenty five hundred dollars so it needs to be a decision that one will look back and be pleased to have made.
Intellectual Property Law Firm
An intellectual property law firm may be of interest to any person who is a writer, artist, inventor or producer of any new idea or creation. The assistance that a law firm such as this can bring at a time when a company has already spent millions of dollars on research and development for a new product, or a writer who has given three long devoted years to a new novel can be extremely important if there is a hint someone else has stolen the ideas. In a nutshell, an intellectual property is any creation of the mind that is protected by a patent, trademark or copyright. Additionally, trade secrets are also a form of a copyright and become another arena in which an ip law firm maneuvers. And because in this incredibly technology based world it is quite easy to copy or mimic other's work, the role of the ip legal firm can be more important and necessary than ever. Consider the two main areas of intellectual property.
An ip attorney may specialize in the practice of law regarding industrial properties. These might be any product used for industrial or commercial use that has a trademark or patent. The need for an ip attorney might be critical in the case of someone copying another company's design of a machine, or the method by which something is manufactured. In the case of industrial properties, a design of a future machine or system can be protected. And the thing known as an industrial secret, such as a cola or fried chicken recipe can be protected from passing them along to others. So an intellectual property law firm may be needed when any fissure develops in a company's secret plans and it might become public.
An ip attorney may also specialize in the practice of copyright law. In this niche of law practice, things such as music, art, books, software and broadcast medium come into play and an intellectual property law firm can often be used to deal with violations of these forms of expression. One of the principles of intellectual property law is that forms of expression of an idea can be copy written and protected but the idea itself cannot. If that sounds confusing, then may be the time to call in an intellectual property law firm to help sort the issues out. Many people want to make man the solution to all his own problems, citing the greatness and the glory of human kind. Yet God wants us to have a true assessment of our situation like the psalmist declared: "Behold, thou hast made my days as an handbreadth; and mine age is as nothing before thee: verily every man at his best state is altogether vanity." (Psalm 39:5)
With literally hundreds of thousands of software programs being written each year, there may arise a number of issues where familiarity between programs arises. The intellectual property law firm may be needed to defend or investigate possible similarities and infringement on copyright laws. An intellectual property law firm is a guardian for and against violations against those similarities and infringements. And when very new forms of copyright infringement are raised, the ip attorney must adapt to the circumstance. For example, the whole idea of downloading music on the Internet was a big intellectual property issue dealing with copyright infringement a few years ago, involving a number of different ip law firms.
When looking for an intellectual property law firm to file a suit, there are many things to consider before choosing the final one. For the big boys in the game, they will have attorneys on retainer who will drop everything else and take the case as numero uno priority but for the little guy, the cost of hiring an ip legal firm may be much more important than its experience or reputation. Finding out right from the beginning about the compensation requirements of the firm will be a high priority. Some firms may choose to be paid a percentage of the final judgment settlement plus all expenses and some may want to bill by the hour. If this is a large law firm, a client has every right to know which attorney will be handling the case. A client can expect to have an attorney that he can get along with and feel confident that the barrister will be very interested in the client's well being. Making sure that the firm is also committed to keeping the client apprised of every move and every change in the case is also a client's right to expect and the firm's commitment to such a practice should be asked during the initial interview.
A songwriter, magazine publisher, and poet may all find themselves looking to an intellectual property law firm to help them with the problems or challenges unique to their genre. The songwriter and poet may want advice on how to copyright the artistic piece just created. In that case, paralegals or administrators can be used. But they may be angry over the alleged pilfering of their original art form ideas and need to no holds barred attorney who will aggressively go after the violators. The magazine publisher may be looking for defense counsel against a lawsuit regarding slander or defamation of character. Be it simple paperwork help or the defense of a major corporation, a firm specializing in intellectual property must have attorneys with wide backgrounds and the experience for helping both the small client and music giant.
An ip attorney may specialize in the practice of law regarding industrial properties. These might be any product used for industrial or commercial use that has a trademark or patent. The need for an ip attorney might be critical in the case of someone copying another company's design of a machine, or the method by which something is manufactured. In the case of industrial properties, a design of a future machine or system can be protected. And the thing known as an industrial secret, such as a cola or fried chicken recipe can be protected from passing them along to others. So an intellectual property law firm may be needed when any fissure develops in a company's secret plans and it might become public.
An ip attorney may also specialize in the practice of copyright law. In this niche of law practice, things such as music, art, books, software and broadcast medium come into play and an intellectual property law firm can often be used to deal with violations of these forms of expression. One of the principles of intellectual property law is that forms of expression of an idea can be copy written and protected but the idea itself cannot. If that sounds confusing, then may be the time to call in an intellectual property law firm to help sort the issues out. Many people want to make man the solution to all his own problems, citing the greatness and the glory of human kind. Yet God wants us to have a true assessment of our situation like the psalmist declared: "Behold, thou hast made my days as an handbreadth; and mine age is as nothing before thee: verily every man at his best state is altogether vanity." (Psalm 39:5)
With literally hundreds of thousands of software programs being written each year, there may arise a number of issues where familiarity between programs arises. The intellectual property law firm may be needed to defend or investigate possible similarities and infringement on copyright laws. An intellectual property law firm is a guardian for and against violations against those similarities and infringements. And when very new forms of copyright infringement are raised, the ip attorney must adapt to the circumstance. For example, the whole idea of downloading music on the Internet was a big intellectual property issue dealing with copyright infringement a few years ago, involving a number of different ip law firms.
When looking for an intellectual property law firm to file a suit, there are many things to consider before choosing the final one. For the big boys in the game, they will have attorneys on retainer who will drop everything else and take the case as numero uno priority but for the little guy, the cost of hiring an ip legal firm may be much more important than its experience or reputation. Finding out right from the beginning about the compensation requirements of the firm will be a high priority. Some firms may choose to be paid a percentage of the final judgment settlement plus all expenses and some may want to bill by the hour. If this is a large law firm, a client has every right to know which attorney will be handling the case. A client can expect to have an attorney that he can get along with and feel confident that the barrister will be very interested in the client's well being. Making sure that the firm is also committed to keeping the client apprised of every move and every change in the case is also a client's right to expect and the firm's commitment to such a practice should be asked during the initial interview.
A songwriter, magazine publisher, and poet may all find themselves looking to an intellectual property law firm to help them with the problems or challenges unique to their genre. The songwriter and poet may want advice on how to copyright the artistic piece just created. In that case, paralegals or administrators can be used. But they may be angry over the alleged pilfering of their original art form ideas and need to no holds barred attorney who will aggressively go after the violators. The magazine publisher may be looking for defense counsel against a lawsuit regarding slander or defamation of character. Be it simple paperwork help or the defense of a major corporation, a firm specializing in intellectual property must have attorneys with wide backgrounds and the experience for helping both the small client and music giant.
Product Liability Law Firms
People turn to product liability law firms when they are seeking to file civil suits against companies whose products caused a personal injury. Unfortunately, accidents can happen without warning, and sometimes a manufactured good is the direct cause of an injury, or in some cases, even a death. These types of accidents can have high costs that must be paid afterward. Having to pay medical bills and compensate for lost wages can be a staggering blow for someone financially, and in some cases, the individual may be unable to pay the fees. This is why many people decide to take their battle into the courtroom, in order to get money in order to pay these large fees; others pursue litigation because they believe the company should be held responsible for the accident. Regardless of a person's intentions when suing a business, product liability law firms can go to work for the plaintiff, helping to make sure that the suit is well researched and, ultimately, successful.
Many find that navigating the court system when trying to file a lawsuit can be a particularly overwhelming and daunting experience. Considering the often complicated legal terminology and the multitude of forms and paperwork that need to be filled out, it is easy to see why there is so much specialized training and education that is required in order to master the legal system. For those looking to be successful in their attempt to win damages from a major corporation, there is no better advocate than attorneys from product liability law firms. With the help of these professionals, a person can construct a convincing case that clearly outlines why the company should be held liable for any injuries sustained by the victim. An attorney will present the case in front of a judge and jury, should the process extend that far, and will argue the victim's right to receive compensation.
Sometimes a civil suit will not even go to trial, but a person should not make the mistake of thinking that, if this happens, he does not need a lawyer. Companies do not want the negative publicity of having to go to trial in a product liability law suit, and they sometimes make arrangements to keep the case from going to court and getting media coverage. Product liability law firms are helpful even outside the courtroom. Attorneys from these firms can meet with representatives from the company in order to outline the terms of a possible settlement. Oftentimes, the company will attempt to offer the victim an amount that does not adequately cover the expenses incurred from the injury. In this instance, the complainant's attorney will fight in order to get a fair amount; he will negotiate with the company until both parties can come to an agreement that suits both sides.
Before an individual chooses an attorney, he needs to research many product liability law firms in order to find the best lawyer to represent his case. All a person has to do is turn on the television, and he will see commercials advertising different firms that all promise quick results and success in the courtroom. Or a person can open a phone book and find hundreds of attorneys willing to take on a person's fight against a corporation. With so many options, an individual needs to make sure that he chooses his representation carefully and wisely. "A wise man will hear, and will increase learning; and a man of understanding shall attain unto wise counsels" (Proverbs 1:5). If a decision is not made carefully, then the individual may find himself being cheated by an unscrupulous lawyer that only has his firm's financial interests in mind.
Most product liability law firms will offer an initial examination of the claim at no cost to the victim. This is one of the best tools to utilize when interviewing different attorneys to represent one's case. This first meeting will give the complainant the opportunity to meet with a lawyer face to face; the importance of this should not be underestimated. By talking personally with an attorney that may end up taking on the suit, a person can judge the lawyer's enthusiasm and confidence, as well as his intelligence. These are all important aspects to consider in hiring the right candidate. An initial analysis like this will also give the victim a good indication of whether a lawyer thinks the case is winnable.
Before a person chooses between product liability law firms, he should also seek references from the prospective attorneys. The individual's ultimate goal is, of course, to win his case and to receive compensation for his monetary losses and his pain and suffering. Having a solid case and a competent lawyer are important aspects to winning a case or negotiating a settlement. After an injury, a victim can easily feel overwhelmed by all that needs to be done, and another bonus of having hired someone from one of the major product liability law firms is peace of mind. The individual no longer has to do all the work alone; he can rely heavily on his lawyer to make sure all the necessary components are gathered in order to proceed with a trial. And since many respectable lawyers will wait to receive payment until after the case is won, many times a person can hire an attorney without having to add any extra stress on the finances. With so many benefits to hiring representation, not having an advocate in the courtroom often results in more needless stress and aggravation for an already overwhelmed individual.
Many find that navigating the court system when trying to file a lawsuit can be a particularly overwhelming and daunting experience. Considering the often complicated legal terminology and the multitude of forms and paperwork that need to be filled out, it is easy to see why there is so much specialized training and education that is required in order to master the legal system. For those looking to be successful in their attempt to win damages from a major corporation, there is no better advocate than attorneys from product liability law firms. With the help of these professionals, a person can construct a convincing case that clearly outlines why the company should be held liable for any injuries sustained by the victim. An attorney will present the case in front of a judge and jury, should the process extend that far, and will argue the victim's right to receive compensation.
Sometimes a civil suit will not even go to trial, but a person should not make the mistake of thinking that, if this happens, he does not need a lawyer. Companies do not want the negative publicity of having to go to trial in a product liability law suit, and they sometimes make arrangements to keep the case from going to court and getting media coverage. Product liability law firms are helpful even outside the courtroom. Attorneys from these firms can meet with representatives from the company in order to outline the terms of a possible settlement. Oftentimes, the company will attempt to offer the victim an amount that does not adequately cover the expenses incurred from the injury. In this instance, the complainant's attorney will fight in order to get a fair amount; he will negotiate with the company until both parties can come to an agreement that suits both sides.
Before an individual chooses an attorney, he needs to research many product liability law firms in order to find the best lawyer to represent his case. All a person has to do is turn on the television, and he will see commercials advertising different firms that all promise quick results and success in the courtroom. Or a person can open a phone book and find hundreds of attorneys willing to take on a person's fight against a corporation. With so many options, an individual needs to make sure that he chooses his representation carefully and wisely. "A wise man will hear, and will increase learning; and a man of understanding shall attain unto wise counsels" (Proverbs 1:5). If a decision is not made carefully, then the individual may find himself being cheated by an unscrupulous lawyer that only has his firm's financial interests in mind.
Most product liability law firms will offer an initial examination of the claim at no cost to the victim. This is one of the best tools to utilize when interviewing different attorneys to represent one's case. This first meeting will give the complainant the opportunity to meet with a lawyer face to face; the importance of this should not be underestimated. By talking personally with an attorney that may end up taking on the suit, a person can judge the lawyer's enthusiasm and confidence, as well as his intelligence. These are all important aspects to consider in hiring the right candidate. An initial analysis like this will also give the victim a good indication of whether a lawyer thinks the case is winnable.
Before a person chooses between product liability law firms, he should also seek references from the prospective attorneys. The individual's ultimate goal is, of course, to win his case and to receive compensation for his monetary losses and his pain and suffering. Having a solid case and a competent lawyer are important aspects to winning a case or negotiating a settlement. After an injury, a victim can easily feel overwhelmed by all that needs to be done, and another bonus of having hired someone from one of the major product liability law firms is peace of mind. The individual no longer has to do all the work alone; he can rely heavily on his lawyer to make sure all the necessary components are gathered in order to proceed with a trial. And since many respectable lawyers will wait to receive payment until after the case is won, many times a person can hire an attorney without having to add any extra stress on the finances. With so many benefits to hiring representation, not having an advocate in the courtroom often results in more needless stress and aggravation for an already overwhelmed individual.
Over 150000 Facebook Users Blocked
Thousands of Facebook users who have been unable to access their accounts for nearly a week and a half now are now seeing their profiles restored–but some data related to recent profile updates may have been lost.
What happened? According to Facebook, the replacement of profiles and login screens with a “down for maintenance” notice–which appears to have started on October 3–stemmed from “a technical issue with a single database.” The company has stressed that there is no chance that it was due to hackers or other malicious activity.
Profiles should be restored over the course of the next day, the company estimates.
“Our engineering team has worked around the clock, and as of today, all of these users should begin to regain access to their Facebook accounts,” Facebook spokeswoman Brandee Barker said reading from a statement. “We apologize for the inconvenience this may have caused and we are taking additional measures to uphold the reliability users come to expect from Facebook.”
Less than 0.05 percent of Facebook’s users have been affected by the outage, the company estimated. The social network’s last head count, about a month ago, was 300 million active users, so that comes out to be a total of about 150,000 affected users. Not very many but enough to put some of them in a panic over not being able to access a primary mode of communication and (in some cases) business.
Profiles have not been lost or deleted, Facebook has continually said–even though the company has been otherwise tight-lipped about the maintenance issue until this point. When affected users’ access is restored, however, some things may be different and very recent updates may be missing. According to a notice that Facebook is displaying to members who may have been affected:
You may not have been able to access your account over the last several days. We’re sorry for this inconvenience; an extended technical issue affected a small number of Facebook accounts, including yours. We have done our best to restore your account to its most recent state, but some data and settings may not be current. In order to be cautious, we defaulted some of your privacy settings to their most restrictive settings. You may wish to review your privacy settings and reset them.
Facebook added that “some of (affected members’) content may not be up to date: in other words, some minor data loss regarding recent updates to profiles. This, according to Facebook, may include photos that were recently added or deleted, recent updates to friends lists (additions and deletions), and “other content you’ve added, sent, received, or posted.”
As for the company’s relative silence about the matter until now, Barker explained in a phone call that the company wanted to nail down the specifics of the outage and figure out the situation, rather than provide details to users that could turn out to be inaccurate.
Many of the complaints pertaining to the outage alleged poor customer service on Facebook’s part, and as a sort of olive branch, the company is encouraging feedback pertaining to the specific outage. The alert displayed to affected members whose accounts have been newly restored directs them to a form to report any further details or additional problems.
Whether Facebook will step it up a notch for future unexpected technical problems remains to be seen.
Thursday, August 13, 2009
What Is Your Car Accident Injury Claim Worth?
The best way to determine how much your injury claim is worth when you are injured in a car accident is to look at how an insurance company would value your claim. An insurance carrier will first look to the types and amounts of damages suffered and then to percentage of fault.
Types of Damages You May Recover
The types of damages an insurance company will typically pay for include the following:
Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. These expenses are recoverable if they result from your injury. The cost of a medical examination done for the purposes of litigation is generally not recoverable. If you are able to guesstimate how much your overall medical treatment will cost, you and your attorney may well be able to ballpark how much your entire claim is worth. Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards.
Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.
Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain to determine the damage amount to be awarded.
Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.
Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.
Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.
Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits, the loss of which recovery is based, include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, how much care and companionship were given to the uninjured spouse, and the degree to which the above-mentioned benefits were lost.
Property Damage: Recovery for the value of property that was damaged.
Amount of Damages You May Recover
An insurance company typically looks first to how much money has been spent and/or lost by the injured person when determining recovery. You may expect to recover any money spent or lost as a result of your injury. There are damages, however, that are harder to place a dollar value on. This includes pain and suffering or mental anguish. An insurance company may use a formula to ascertain what an appropriate damage amount might be for these types of claims.
The formula might work like this: First, the insurance company’s adjuster adds up the total amount of medical expenses relating to the injury. These damages are referred to as “medical special damages,” or “specials.” This base amount is then used to calculate the “general damages,” such as damages for pain and suffering, emotional damages, or other non-monetary losses.
Next, if the injuries are relatively minor, the adjuster will at most double the amount of special damages. If the injuries are more serious or painful, the adjuster may multiply specials by up to 5. In extreme cases, the adjuster may even multiply by up to 10.
After the adjuster adds on damages for lost income, an amount from which to begin negotiations is then ready to present.
How Fault Affects Your Recovery
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? An adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
Fault and No-Fault Car Accidents: Who Pays the Bills?
Determining fault in a car accident is generally determined by the state in which the accident occurred. State laws vary significantly, so it is important to contact an experienced lawyer to determine whether the state has a fault or no-fault based system.
Fault states. Most states have adopted a fault-based, or “tort liability,” system of auto insurance. In a fault-based system, insurance companies pay according to each party’s degree of fault. If you and your insurer don’t see eye-to-eye on your claim, you may have to file suit for uncompensated economic damages such as lost wages and medical expenses and non-economic damages such as pain and suffering.
No-Fault States: Because the tort (lawsuit) system has led to long and costly court battles over who was at fault and to what degree, policymakers in many states decided to change from a fault-based system to some form of a no-fault system.
Under no-fault automobile insurance laws, the good driver does not have to prove that the crash was somebody else’s fault before getting his money. His insurance company picks up medical bills, rehabilitation costs and lost wages up to the amount he purchased. The tradeoff is the injured person cannot sue the other driver for pain and suffering, emotional distress and inconvenience. (If you live in a no-fault state, the no-fault portion of your auto insurance policy is usually called PIP or Personal Injury Protection.)
At present, there are 12 states that have no fault insurance:
No-Fault States:
Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah
When it comes to physical damage to your car or its contents, unlike compensation for bodily injury claims, insurance claims are still based on fault. Those claims are handled in the same way as those in a state with a fault law: by filing a lawsuit against the bad driver or looking to your own collision insurance.
Lawsuits, however, are permitted for injuries meeting a certain threshold, the definition of which varies considerably among the no-fault PIP states. An injured person can sue if the claim exceeds either a monetary or verbal (descriptive) threshold. In monetary threshold states (see below), medical expenses must be over a certain dollar amount. In verbal (descriptive) threshold PIP states (see below), injuries must be relatively “severe” (significant loss of use of body part, disfigurement, permanent disability, bone fracture) or expressed in terms of length of disability (full disability over 180 days). Some states have both, in which case an injured person can file a liability claim if he meets either one.
Because of the different hybrids in the PIP packaging, whether you can file an injury liability claim really will depend on the specifics of your state’s no-fault automobile law. Your best first step is to contact a car accident attorney to discuss how the relevant state law looks at fault and how that law affects your right to recover damages.
States with Add-On Coverage: To complicate matters, some states have “add-on” no-fault automobile insurance laws. “Add on” allows the driver to purchase personal injury protection as an optional coverage. The plan pays benefits to the injured without regard to who caused the accident, but the driver can sue (and be sued) for accident-related injuries and pain and suffering. The following are “add-on” states:
Arkansas
Delaware
D.C.
Maryland
THRESHOLDS: As stated above, no-fault car insurance limits your ability to sue another driver, except under defined thresholds. The threshold–which varies widely from state to state–may be expressed in a verbal description of the seriousness of the injury or a specific dollar value. If you meet the threshold requirements, you may sue to recover damages for pain and suffering.
States with Monetary Thresholds: In the following 7 states, the injured person’s medical expenses must exceed a dollar threshold before taking their injury liability claim to court:
Hawaii
Kansas
Kentucky
Massachusetts
Minnesota
North Dakota
Utah
States with Serious Injury Thresholds: In the following states, you can file a liability claim if you are at least relatively seriously hurt. The criteria of seriousness can be expressed in terms of a written description (e.g. permanent disfigurement, scarring, or fractured bones) or expressed in terms of length of disability (e.g. disability for more than 60 days).
Injuries that qualify as serious are defined by each state’s law. The states that use severity as a threshold are:
Florida
Michigan
New Jersey
New York
Choice States: In these 3 states, the driver chooses to have a policy based on no-fault or the tort-based system where the policyholder retains litigation rights for accident compensation.
Kentucky
New Jersey
Pennsylvania
Resources:
What You Can Expect to Recover for Property Damage in Auto Accident Cases
In the car insurance world, property damage is defined as damage to your vehicle (car, truck, SUV, etc.). The types of coverage that will pay for damage to your vehicle include collision, comprehensive, and sometimes, depending on the company, uninsured/underinsured motorist.
What You Can Recover
When your car is damaged in an automobile accident and you have coverage, your insurance company will either pay for repairs or “total” your vehicle. When an insurance company totals a vehicle, the vehicle is considered a complete loss and the insured is paid cash value for the vehicle. The actual cash value (ACV) is the cost to replace the vehicle with a vehicle that is of like kind and quality, etc., subtracting an amount that accounts for the totaled vehicle’s depreciation (age and wear and tear).
While it may seem like your car would have to be a complete wreck, a smoking heap, to be deemed totaled, in fact, this determination is made more on the basis of the cost of repair and the car’s worth. A car will be considered totaled if the repair costs exceed a certain percentage of the car’s worth. The percentage will differ from company to company, but usually ranges from 51% to 90%.
What To Do If You Disagree That Your Car is Totaled
Once your car is deemed totaled and you are paid actual cash value for it, your car is taken to a salvage yard where it is auctioned off. Then it is usually chopped up for parts. If you love your car, actual cash value may not seem like an equitable deal to you. When you sign a contract with your insurer, it is agreed between the two of you that the insurer will not have to pay out more than the car is actually worth. But the insurer also agrees to make you whole by placing you in the same spot (relatively speaking) as you would have been without the accident.
If you really want to keep your car, you can take the actual cash value from the insurance company, minus deductibles (in your policy) and minus what the insurer would have gotten at the salvage yard. You can then keep your car and make the repairs yourself. If you decide on this route, let the claims adjuster know right away. Once the car has gone to auction, it is much harder to get it back.
Personal Injury Auto Accident Checklist: Document Your Pain and Suffering Claim
Personal Injury Auto Accident Checklist: Document Your Pain and Suffering Claim
It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.
It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.
Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney.
The Accident
Driver information: Obtain and exchange information with all other drivers such as name, license number, tag number, insurance company name, policy number.
Photographs: Take photographs of your injuries, the damage to all vehicles and of the scene of the accident in general.
Police report: Get a copy of the accident report if police responded.
Witnesses. Keep a record of all names, addresses, phone numbers and email addresses.
After the Accident
Medical expenses. Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged and reasons for seeing the medical providers.
Lost work time: Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.
Lost school time. Document all lost school time and/or inability to continue with school work as you did before the accident.
Photographs: Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.
Witnesses. Contact them for a written statement before too much time lapses.
Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc.: Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.
Car repair estimates and/or bills: Car repair estimates are necessary to get your car fixed. However, estimates provided by your insurance company can sometimes be lower than you might have expected. If unsatisfied with an initial estimate, take the automobile to a certified mechanic for another estimate. Be sure to save all of the bills and repair paper work associated with the repair.
Out of pocket expenses: Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.
What You Need to Know:
Seek medical attention immediately after an accident!
Do not admit fault immediately after the accident.
Diligently follow through with all medical treatments.
Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney.
Do not settle your case until all necessary medical expenses, present and future, are known.
Keep copies of everything (all documents, bills, medical records, etc.).
Resources:
Free Advice Auto Insurance Center: Articles, FAQs, free quotes and research links.
Free Advice Auto Accident Law: Articles, state-specific auto accident and DUI information, and FAQs about auto accidents and the law.
Anatomy of an Auto Accident Insurance Claim
An auto accident insurance claim always begins with an accident. If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. At the first opportunity, you should report the accident with your insurance carrier and begin the process of filing a claim. After you have submitted your claim, a claims adjuster (someone who works for the insurance company and deals exclusively with claims) will either call, write or email you regarding your claim. He or she will then look at your policy to determine the types of coverage you have, deductibles, and any coverage limits that may affect your claim.
If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages and ask for a certain amount to settle your claim.
So, should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer and Settling Your Car Insurance Claim: How to Write a Demand Letter.
Negotiating with the Claims Adjuster
If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement.
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. An attorney will be able to advise you.
Car Insurance and Auto Accidents: Are You Covered?
Insurance companies offer a variety of auto insurance packages, all providing varying levels of coverage. Most states require motorists have some minimal amount of insurance. Keep in mind, however, that purchasing just the minimum may be risky as minimal coverage may not be adequate in the event of a serious bodily injury accident.
Bare Bones Basic: Liability Insurance
Liability insurance is required by law in almost all states. It will pay for the property damage and personal injury expenses of others when you are at fault for an accident, up to the limits specified in your own particular policy. This coverage includes your legal bills. The bodily injury portion of the coverage includes medical expenses and lost wages. The property damage portion covers repair or replacement of items damaged as a result of the accident, your car not included (see Collision, below). The vast majority of states require motorists have at least liability insurance, and most require a minimum amount. Check out your state’s insurance department to find out your state’s minimum.
How About Me? Collision Insurance
Regardless of fault, collision insurance will cover damage to your vehicle, subject to any deductible. Period. Your insurance company will either pay for repairs or “total” your car (declare your car a total loss). (Alternatively, you can file a claim with the other person’s insurance company for the car’s repair and sidestep the deductible on your own policy.) If the insurance company totals your car, you will most likely get the actual cash value for the car, as opposed to the replacement cost. The replacement cost is the cost of replacing or repairing your vehicle with materials that are of similar type and quality without deducting for depreciation. Depreciation is the decrease in value of your vehicle due to age or wear and tear. Actual cash value is usually figured as the replacement cost minus the depreciation. Collision coverage can be expensive. You can consider increasing your deductible to lower your premium.
Beyond Car Accidents: Comprehensive Insurance
Comprehensive covers damage that occurs as a result of circumstances other than vehicle accidents. Comprehensive will cover loss due to theft, fire, vandalism, and natural disasters. There is usually a deductible and the insurance company will not likely pay more than the Kelley Blue Book value if your car is wrecked. Of course, if you have a beater for a car and the comprehensive coverage costs more than what the car is actually worth, then don’t even bother buying it.
Medical, PIP and No-Fault
Medical payments coverage pays for your medical expenses and those of your passenger in the event of an accident, regardless of who was at fault. This coverage applies when you are driving your vehicle or someone else’s vehicle with their permission. You and your family members are covered if you are injured as pedestrians. Be aware that some insurance policies obligate you to repay any benefits received later from the other driver or car owner. Do you need medical payments coverage when you are also covered by your health plan? Click here for an article on that subject. Personal injury protection (PIP) and No-Fault coverages are typically expanded forms of medical payment protection. Some states require these, in others it is optional. Some features include coverage for lost wages and child care.
Uninsured/Underinsured Coverage
Uninsured/Underinsured coverage pays for your injuries and possibly property damage when you are involved in an accident with someone who is at fault and has no liability insurance, or just has the bare bones limits of liability insurance. Some states require motorists to have this coverage.
Supplemental Insurance
These are essentially add-ons to your basic insurance policy. You can add on coverage for rentals, repairs or towing which could save you money in the long run. Check with your state’s insurance department to find out what types of coverage are required in your state.
Personal Injury Auto Accident Checklist: Document Your Pain and Suffering Claim
It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.
Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney.
The Accident
Driver information: Obtain and exchange information with all other drivers such as name, license number, tag number, insurance company name, policy number.
Photographs: Take photographs of your injuries, the damage to all vehicles and of the scene of the accident in general.
Police report: Get a copy of the accident report if police responded.
Witnesses. Keep a record of all names, addresses, phone numbers and email addresses.
After the Accident
Medical expenses. Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged and reasons for seeing the medical providers.
Lost work time: Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.
Lost school time. Document all lost school time and/or inability to continue with school work as you did before the accident.
Photographs: Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.
Witnesses. Contact them for a written statement before too much time lapses.
Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc.: Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.
Car repair estimates and/or bills: Car repair estimates are necessary to get your car fixed. However, estimates provided by your insurance company can sometimes be lower than you might have expected. If unsatisfied with an initial estimate, take the automobile to a certified mechanic for another estimate. Be sure to save all of the bills and repair paper work associated with the repair.
Out of pocket expenses: Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.
What You Need to Know:
Seek medical attention immediately after an accident!
Do not admit fault immediately after the accident.
Diligently follow through with all medical treatments.
Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney.
Do not settle your case until all necessary medical expenses, present and future, are known.
Keep copies of everything (all documents, bills, medical records, etc.).
Fault and No-Fault Car Accidents: Who Pays the Bills?
Determining fault in a car accident is generally determined by the state in which the accident occurred. State laws vary significantly, so it is important to contact an experienced lawyer to determine whether the state has a fault or no-fault based system.
Fault states. Most states have adopted a fault-based, or “tort liability,” system of auto insurance. In a fault-based system, insurance companies pay according to each party’s degree of fault. If you and your insurer don’t see eye-to-eye on your claim, you may have to file suit for uncompensated economic damages such as lost wages and medical expenses and non-economic damages such as pain and suffering.
No-Fault States: Because the tort (lawsuit) system has led to long and costly court battles over who was at fault and to what degree, policymakers in many states decided to change from a fault-based system to some form of a no-fault system.
Under no-fault automobile insurance laws, the good driver does not have to prove that the crash was somebody else’s fault before getting his money. His insurance company picks up medical bills, rehabilitation costs and lost wages up to the amount he purchased. The tradeoff is the injured person cannot sue the other driver for pain and suffering, emotional distress and inconvenience. (If you live in a no-fault state, the no-fault portion of your auto insurance policy is usually called PIP or Personal Injury Protection.)
At present, there are 12 states that have no fault insurance:
No-Fault States:
Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah
When it comes to physical damage to your car or its contents, unlike compensation for bodily injury claims, insurance claims are still based on fault. Those claims are handled in the same way as those in a state with a fault law: by filing a lawsuit against the bad driver or looking to your own collision insurance.
Lawsuits, however, are permitted for injuries meeting a certain threshold, the definition of which varies considerably among the no-fault PIP states. An injured person can sue if the claim exceeds either a monetary or verbal (descriptive) threshold. In monetary threshold states (see below), medical expenses must be over a certain dollar amount. In verbal (descriptive) threshold PIP states (see below), injuries must be relatively “severe” (significant loss of use of body part, disfigurement, permanent disability, bone fracture) or expressed in terms of length of disability (full disability over 180 days). Some states have both, in which case an injured person can file a liability claim if he meets either one.
Because of the different hybrids in the PIP packaging, whether you can file an injury liability claim really will depend on the specifics of your state’s no-fault automobile law. Your best first step is to contact a car accident attorney to discuss how the relevant state law looks at fault and how that law affects your right to recover damages.
States with Add-On Coverage: To complicate matters, some states have “add-on” no-fault automobile insurance laws. “Add on” allows the driver to purchase personal injury protection as an optional coverage. The plan pays benefits to the injured without regard to who caused the accident, but the driver can sue (and be sued) for accident-related injuries and pain and suffering. The following are “add-on” states:
Arkansas
Delaware
D.C.
Maryland
THRESHOLDS: As stated above, no-fault car insurance limits your ability to sue another driver, except under defined thresholds. The threshold–which varies widely from state to state–may be expressed in a verbal description of the seriousness of the injury or a specific dollar value. If you meet the threshold requirements, you may sue to recover damages for pain and suffering.
States with Monetary Thresholds: In the following 7 states, the injured person’s medical expenses must exceed a dollar threshold before taking their injury liability claim to court:
Hawaii
Kansas
Kentucky
Massachusetts
Minnesota
North Dakota
Utah
States with Serious Injury Thresholds: In the following states, you can file a liability claim if you are at least relatively seriously hurt. The criteria of seriousness can be expressed in terms of a written description (e.g. permanent disfigurement, scarring, or fractured bones) or expressed in terms of length of disability (e.g. disability for more than 60 days).
Injuries that qualify as serious are defined by each state’s law. The states that use severity as a threshold are:
Florida
Michigan
New Jersey
New York
Choice States: In these 3 states, the driver chooses to have a policy based on no-fault or the tort-based system where the policyholder retains litigation rights for accident compensation.
Kentucky
New Jersey
Pennsylvania
Resources:
Free Advice Auto Insurance Center: Articles, FAQs, free quotes and research links.
Car Accidents - Who is at Fault?
Fault is one of the biggest, if not THE most critical element, in any car accident claim. The person at fault is the person whose negligence caused the accident, and that is the person who typically must pay for the damage caused by his or her negligence. If the circumstances surrounding your accident make it clear that one person was clearly at fault, then read no further! One of the related articles listed below should be your next stop. If, however, liability is not entirely clear or if there is shared fault, then fault is apportioned between the persons determined by the specifics of the law in your state (see below) on comparative or contributory negligence. When liability is shared in an auto accident, it is the insurer’s turn to determine the relative percentages of fault of the parties involved.
What is Comparative or Contributory Negligence?
Historically, if two people were involved in an accident and the injured party was even the slightest bit at fault, he or she would not be entitled to recover anything for his/her injuries or losses. This way of determining damages is known in legal circles as pure contributory negligence. For example, say Luther and Martin were involved in an accident. Luther hit Martin’s car while making a left turn onto a 2-lane street at night. Luther didn’t see Martin’s car because even though it was night time (and a dark one at that), Martin was not driving with his headlights on. Under a pure contributory negligence theory, Martin could not recover damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? Actually, some states still follow this rule (Alabama, District of Columbia, Maryland, North Carolina and Virginia).
But most states now use some proportional form of comparative negligence that allows an injured party to recover some damages for his or her injuries, even if he or she was partially at fault. There are currently three variations: Pure comparative fault; proportional comparative fault at 51%; proportional comparative fault at 50%.
Pure Comparative Fault
In states that have adopted pure comparative fault as a measure of damages, if an injured person is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car accident for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be entitled to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault. States: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington.
Proportional Comparative Fault at 51%
The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the accident. In other words, you cannot file a liability claim and lawsuit against the other driver’s negligence if you were more than 51% at fault. For example, Dennis hit Teri’s car while driving in excess of 25 miles per hour over the speed limit while Teri was attempting to cross the road. Even though Teri was partially at fault for not waiting until the road was completely clear before crossing, the insurance company allocated fault to Dennis at 60% due to his excessive speed. Even though Dennis suffered a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident. States: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.
Proportional Comparative Fault at 50%
In states that have adopted the 50% bar standard in resolving auto accident claims, an injured person that is less than 50% at fault for the accident is entitled to compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, Richard and Susan accidentally hit each others’ cars while backing out of their parking spaces at exactly the same time. Both were not looking carefully enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident. States: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia.
How is Percentage of Fault Determined?
After an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based on the circumstances surrounding the accident. There is no secret mathematical formula for determining percentages of fault in accident injuries. You and the claims adjuster will negotiate and come to some agreement as to what, if any, your allocated fault is. Here is where an experienced personal injury attorney can come in handy. He or she will know how to assess the accident and advocate for the lowest percentage of fault on your behalf. If you and the insurance adjuster reach an impasse, a court of law is ultimately your next step to resolve the issue of fault.
Fault and Car Insurance
Insurance companies often offer extra coverage/protection (for extra money) to help pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are injured in an accident that was mostly your fault and you are not entitled by law to compensation from the other person’s insurance, but you have extra coverage under your own policy, your insurance company will pay for your injuries. This extra coverage is called PIP (personal injury protection) or No Fault coverage. Under this scenario, you would file a liability claim with your own insurance carrier for medical bills and lost income, up to a specified maximum, without any discussion or disagreement about the circumstances of the accident and who was at fault. Whether you can file for further expenses against the other person who was at fault in the accident depends on your state’s laws. In many states, Uninsured/Underinsured coverage is required. This provides coverage for damages resulting from an accident with someone who either has no insurance or does not have enough insurance to cover your expenses. It also protects you if the other person flees the scene after the accident or is a driver of a stolen car.
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your accident injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? If you are in a comparative fault state, an adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
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Study Shows Slip & Fall Accident Lawsuits Increase As US Population Ages
Slip and falls are one of the most common types of accidents around and you would think that their occurrence would be fairly steady. However, according to a new study published by insurer CNA, slip and fall accident lawsuits are expected to increase over the next few years as the age of the U.S. baby-boomer population increases.
CNA study
According to the CNA study, seniors are more likely to experience a slip and fall accident and their injuries tend to be more significant. The study’s authors estimate that over one million people injure themselves in slip and fall accidents, that 16,000 people die from a slip and fall accidents every year and have identified the following five major causes of slip and fall accidents:
- Lack of slip resistance on walking surfaces
- Poor walking surface conditions
- Poor visibility
- Lack of, or poor condition of, handrails or guardrails
- Poor accessibility (to the area one is trying to reach)
To see the study, go to CNA’s website at www.cna.com/.
The value of a slip & fall accident may be larger than you think…
If you think that a “simple” slip and fall accident doesn’t mean you can collect substantial damage awards, think again. While every case is different, these recent examples of slip and fall verdicts and settlements show that substantial damage awards do exist:
- $18M: A Pennsylvania medical student settled his slip and fall case for $18 million in the summer of 2008 after an energy company failed to recover a manhole and the man fell 18 feet – causing him to suffer a severe spinal injury. His Pennsylvania personal injury attorney was able to prove that the company had knowledge that the manhole was consistently being uncovered by the homeless to go underground in winter months for over 10 years, but did nothing to fix the problem.
- $12.2M: A Virginia woman was awarded $12.2 million in late 2007 after she slipped on a puddle caused by a leaking awning at a convenience store. The accident left the woman with extensive and permanent brain injuries from the way her head snapped back when she fell. Her Virginia personal injury lawyer was able to prove that the store had known about the leaky awning, but failed to fix it or warn customers.
- $2.4M: The family of an elderly Delaware man was awarded $2.4 million in the summer of 2008 after the man slipped and fell in a nursing home and broke his hip. The accident eventually led to his death. His Delaware personal injury lawyer was able to prove that the facility was negligent in its care of the man.
If you’ve been injured in a slip and fall accident, contact an experienced personal injury attorney to discuss your situation – even if it’s just to evaluate your options. Most firms offer free initial consultations, so finding out if you might be entitled to money damages doesn’t cost you a thing.
How a Wrongful Death Lawyer Can Help You
If a family member or someone who supports you has been killed because of negligence, product liability, or violence, you might be able to bring a wrongful death action to recover damages for lost care, support, benefits, inheritance, and more. Because every state law is different, it’s very important to know what your state’s law on wrongful death is. Applying the law can be complicated, and the best way to be sure you are protecting your rights is to consult with a wrongful death lawyer who is experienced in your state.
Your experienced wrongful death attorney can tell you if you still have time to file a wrongful death lawsuit, if you are eligible to bring such a suit, whether there is enough evidence that the defendant caused the wrongful death, what kind of damages might be recoverable, and the best strategy to settle or litigate your case. If you have a good case, your attorney can help obtain information you need to win the case, such as medical evidence, police reports, physical evidence of an accident or violence, and expert evidence on many subjects, including faulty products, drug side effects, and medical malpractice. An attorney can interview and screen witnesses on your behalf.
Your attorney may make phone calls and write letters for you and negotiate a settlement. When you are up against professional negotiators, as you always are if an insurance company is involved in your case, you will want a professional negotiator on your side as well. If your case goes to court, an experienced wrongful death lawyer can deal with all the procedural issues and evidentiary rules involved in filing pleadings, obtaining evidence through discovery, and appearing in court.
If you decide to represent yourself, a wrongful death attorney can advise and coach you through the process. He or she can help you evaluate your case, prepare documents, find evidence, and go through settlement negotiations. If you find the case is more than you can handle, your attorney coach can take over the case and represent you.
Check out the following articles for more information about wrongful death, filing a wrongful death lawsuit and finding an experienced wrongful death attorney.
- For more information about wrongful death, see Overview: What is Wrongful Death?
- For more information about who may file a wrongful death lawsuit, see Who May Sue for Wrongful Death?
- To find out more about damages in a wrongful death lawsuit, see Damages in a Wrongful Death Lawsuit.
- For more information about the statute of limitations for bringing a wrongful death action, see Time Limits for Filing a Wrongful Death Claim.
- If you would like to learn more about wrongful death lawsuits, see Wrongful Death Lawsuits: What They Are and How They Work.
- For more information about medical privacy concerns in wrongful death cases, see Wrongful Death and the Physician-Patient Privilege.
Wrongful Death and the Physician-Patient Privilege
All states have laws about what is called the physician-patient privilege. This privilege includes a patient’s right to medical privacy and the right to prevent a physician from revealing the contents of medical files without the patient’s permission. This privilege is frequently an issue in wrongful death lawsuits, where wrongful death lawyers need access to the medical information to prepare for a case. Because the plaintiff (the person suing) in the wrongful death lawsuit must prove that the defendant(s) caused the wrongful death, medical evidence is crucial.
Usually, a physician is not allowed to release information without the permission of the patient or deceased person. There are, however, exceptions to this rule. In some states, the deceased’s personal representative, surviving spouse, or next of kin has the right to waive (release) the privilege and have medical information released once the injured person has died.
In some states, the files may only be released to a hospital or a doctor; they can’t be released directly to a wrongful death attorney. There is also the question of whether the files can be obtained before a wrongful death lawsuit has been filed. There is some dispute about whether the files should be released, but the plaintiff’s attorney can usually obtain the files with his or her client’s permission if the files are sought in contemplation of filing a wrongful death lawsuit.
If the wrongful death action began as a personal injury action during the injured person’s lifetime, and the plaintiff later died of the injuries, the patient’s waiver of the physician-patient privilege for purposes of the personal injury action will also be a waiver of the privilege for the subsequent wrongful death lawsuit by the patient’s family. For example, if a woman is injured in a car accident and she files a lawsuit to recover damages for her injuries, from which she later dies, her family’s wrongful death lawyer can have access to the medical information she authorized her physician to release for her personal injury claim.
Check out the following articles for more information about wrongful death, filing a wrongful death lawsuit and finding an experienced wrongful death attorney.
- For more information about wrongful death, see Overview: What is Wrongful Death?
- For more information about who may file a wrongful death lawsuit, see Who May Sue for Wrongful Death?
- To find out more about damages in a wrongful death lawsuit, see Damages in a Wrongful Death Lawsuit.
- For more information about the statute of limitations for bringing a wrongful death action, see Time Limits for Filing a Wrongful Death Claim.
- If you would like to learn more about wrongful death lawsuits, see Wrongful Death Lawsuits: What They Are and How They Work.
- To learn more about wrongful death attorneys and how to find one, see How a Wrongful Death Lawyer Can Help You.
Swimming Accidents: Drowning, Injuries and Liability
Every year the joys of summer are marred by tragedy when swimmers drown or are permanently injured in near-drowning accidents. It takes only five minutes and less than two inches of water for a small child to drown, and it may all happen silently. It can be over in the time it takes to answer the telephone. It has been estimated that as many as 350 children under the age of 5 drown in pools each year and another 2,600 are treated for near-drowning incidents.
There are other dangers too, especially of spinal injuries or paralysis from diving into too shallow water or injury from slips and falls. Cases involving swimming injuries on private or commercial property fall into three general categories, while claims against governmental entities are somewhat different.
Faulty Products
Poor Maintenance
Carelessness
Accidents on Government Land
Some swimming-related injuries are caused by poorly designed or faulty products. In legal terms, a lawsuit based on this kind of injury is called a product liability case, and it can be brought against the manufacturer of the faulty product, a component manufacturer, or various parties involved in marketing the product. Faulty products can include things like a drain cover that catches a foot and causes a swimmer to drown, a pool cover with sharp edges that causes cuts or abrasions, a gas heater that explodes, or a sump pump that shorts and causes electrocution. Sometimes the design of the pool itself has been found faulty, especially when it is difficult to see where the pool is deep enough to dive or when the shallow and deep areas are not clearly marked on the pool.
Products used in and around the pool can also cause drowning or serious injury. Water slides, for example, can cause injuries if they have attachments where people can become entangled or have weak areas that may give way and result in falls. Flotation devices for babies and small children sometimes have faulty fasteners or weak areas that cause children to fall into the water. These should never be used without an adult standing next to the child. Children are sometimes impaled on sharp diving toys or injured by toys like water guns if pieces of the toy can become projectiles.
Injuries in or around swimming pools often happen because the owner or operator of the property hasn’t maintained the property or equipment in a reasonably safe condition. In legal terms, liability for this kind of carelessness is called premises liability. Both the owner of the land and the operator or possessor of the land is sometimes named as a defendant in this kind of case. Interpretations of what is a reasonably safe condition differ from state to state, and some states have different rules about the duty of the landowner to protect people who have been invited; people who haven’t been invited, but are there legally (i.e. a meter reader); and trespassers, who don’t have right to be on the property at all. Be sure to find out the specific interpretations used in your locality. The same standard is usually applied to both private homes and commercial areas.
Examples of situations that could result in liability because of poor maintenance include a poorly repaired area around the pool that causes someone to slip and fall, broken life-saving equipment that results in a drowning or serious injury, a loose ladder or stairs that cause a fall or a cut, an improperly maintained fence or pool cover that allows a young child to get into the pool and drown, or contamination in a pool that hasn’t been treated properly with chemicals that causes a serious illness.
Many states have laws—called recreational use laws—that exempt landowners from liability for accidental injuries if they open their land to the public for no charge. The duties of a landowner under these statutes differ from state to state. Some states include private swimming pools under these laws, and some don’t. If you’re a landowner, be sure you know what your state requires.
Many accidents in and around swimming pools and other swimming areas happen because the owner or possessor (tenant or management company) of the land has been careless and hasn’t taken enough care to protect the people swimming or otherwise using the area for recreation. The legal term for this carelessness is “negligence,” and this kind of case can be brought against the owner and or the possessor of the property. Accidents not caused by poor maintenance often involve a failure to properly supervise swimmers. In commercial facilities or places like public pools or camps where lifeguards are provided, the lifeguards must be on duty and attentive all the time that the pool is in use. Deaths and severe injuries have happened when lifeguards were lying down, reading, had their eyes closed, or were on a bathroom break.
Small children are the most frequent victims of drowning accidents, and the pool owner or operator, public or private, has a duty to protect them. This may involve: 1 Fencing to prevent small children from entering; 2 A gate with a latch too high for them to reach; 3 A cover when the pool isn’t in use; 4 Motion alarms to alert the owner that children are present. Some states, for example Arizona, California, and Oregon, require fencing around private pools to keep small children out. Be sure you know what your state requires.
Pool owners should have safety equipment like a shepherd’s hook and a ring buoy in good condition and quickly available. It would be a good idea to also have a first aid kit and a spinal board available, since diving accidents often cause spinal injuries.
Clear signs should be posted warning of all dangers, and it is a good idea to post and enforce prohibitions on diving, running, swimming while intoxicated, or swimming without supervision (for both adults and children). Pool owners should clearly inform visiting parents that children are not allowed to swim without adult supervision and that the parents are responsible for that supervision.
Owners of property with natural swimming areas like rivers, ponds, or lakes have a duty to remove hazards like broken glass or wood with old nails and to warn people about possible natural dangers like whirlpools, swift currents, or unclean water. State recreational use statutes may relieve them of some or all of this duty if they open the area to the public for free.
Different rules apply when you’re suing a local, state, or federal government entity as opposed to a private party. Governments generally have the same duty to maintain government-owned property in a safe condition or to avoid carelessness as private and commercial landowners. The difference is in the procedures for suing them and the amounts of money that can be collected for damages.
The federal government and all states have laws that set out how governments can be sued. The federal law is called the Federal Torts Claim Act (FTCA). These statutes often have special procedural requirements for lawsuits and may have different time deadlines than apply to other cases.
Under the FTCA the federal government is legally responsible for injuries in the same way private landowners would be in the location where the accident happened. So if you are injured on federal land because of government negligence, it would be the tort liability law of the state where the land is located that would govern your case (not federal law), but you would need to follow all the procedural requirements of the FTCA, such as when and where to file the lawsuit, and with what paperwork. Seek the advice of an attorney (see below) if you are suing a government entity.
State laws in this area differ widely. Some states apply recreation use statutes and hold that governments aren’t liable for injuries on land open to the public for free, while other states have decided that those laws don’t apply to governments. A few states have passed special laws that protect governments from liability on public lands. Some states also have limits on the amount of damages that can be collected for injuries on public land. You need to check both your state’s tort claims laws and its recreational use laws if you are injured on land owned by a state or a local government.
It’s good to keep in mind that it wouldn’t be possible to protect people from all the hazards in parks and natural areas or to warn them of every swimming hazard in rivers, lakes and reservoirs. Governments may only be liable for injuries if they operate an area for swimming and recreation. You should always be wary of swimming in unfamiliar waters and not assume that all hazards will be posted.
Swimming accidents can trigger a number of complex legal issues, such as product liability, negligence and premises liability. This coupled with the fact that injured parties only have a certain amount of time to sue (the state’s statute of limitations) or they lose their right to sue for their injuries, makes it important to seek the advice of an attorney if you believe you are entitled to compensation for medical bills, pain and suffering, and the like. If you are looking for an experienced injury attorney, you can find one at AttorneyPages.com. If you would like a free case evaluation from an experienced attorney, fill out the case evaluation form and an injury lawyer will contact you, no cost and no obligation.
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