Will an Injury Lawyer Win More Money Than the Insurer Is Offering?

When individuals sustain an injury, one of the first questions in their mind is whether it’s necessary to hire a personal injury lawyer. People don’t want to pay legal fees if they can be avoided, but they also want to get the maximum amount of damages they are entitled. If the insurer tells them the other party is admitting fault and they will pay, many chose to forgo the lawyer in favor of saving on legal fees. That is most often a mistake, as insurance adjusters are infamous for convincing people that they don’t need a lawyer to save themselves money.

Insurance companies like to market themselves as wanting to help people, but really, they are a business, and the bottom line is indeed the “bottom line.” If you are wondering if an injury lawyer win more money than the insurer is offering, you should not make your decision before having a consultation with a lawyer.

Insurance Companies and Payouts

Personal injury claims can be complex. Negligence and the nature of the injury are important factors that an insurance adjuster will inquire about. If you have a serious and complex personal injury, especially one that is likely to require long-term care, the insurance company is likely to tell you to avoid calling a lawyer—the reason being they want to remain at a smaller payout in your claim and they know serious personal injuries are the ones that personal injury lawyers can secure huge settlements.

Despite what the insurer claims, they are going to offer you the lowest possible payout they think you will accept. People who contact insurance companies without legal representation are likely to be taken advantage of. Adjusters don’t get bonuses for fair payouts, and like any business, the bottom line is what matters most.

When an individual accepts an insurance adjuster’s offer without consulting a lawyer, they miss out on the maximum settlement they could have received with legal representation. Most likely, that individual could have walked away from their personal injury claim with more than enough to pay legal fees, medical bills, and much higher damages amount than what the insurance adjuster offered.

Personal Injury Lawyers

Personal injury lawyers get paid too, of course, and like insurance companies, the bottom line is important. The crucial difference is that personal injury lawyers only get their payout if the client wins and in proportion to the award—the more the client receives, the higher the lawyer’s share will be.

Personal injury lawyers know how to advocate for their clients and are guaranteed to secure a larger settlement offer than you would secure unrepresented. Insurance companies know that personal injury lawyers know exactly what payout amounts are in line with each kind of injury, so there is no point in under-bidding with a personal injury lawyer. Personal injury lawyers are strong case builders who know how to get their clients the maximum amount of financial compensation.

If you need a personal injury lawyer in Baton Rouge, do yourself a favor and let your lawyer advocate for you with the insurance companies. Enlisting the help of an experienced personal injury lawyer with a solid track record is the single-most important step you can take towards securing yourself the maximum damages amount you are entitled to. Call your local Baton Rouge personal injury lawyer today for a free consultation.

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Is an Offer in Compromise a Good Solution to Tax Problems?

Most people don’t look forward to tax season, but for those with tax problems, it can be an extremely stressful time. The Internal Revenue Service is not a heartless institution, and for those who are unable to pay their tax debt or will face financial hardship in doing so, there are exceptions that can be made. In instances where settling your full tax debt is not an option, you might wonder if an offer in compromise a good solution to your tax problems. While you will have to explore all possible repayment options before submitting an offer in compromise, if other avenues have been exhausted, it might be a helpful option.

What Is an Offer in Compromise?

An offer in compromise is a written offer made by an individual who owes taxes to the IRS that suggests only partial repayment of the debt. Payment proposals can be made in a lump sum or in partial payments. If your tax-owing amount is impossible for you to pay back or if paying it back will cause severe financial hardship for yourself and your family, an offer in compromise could be the answer.

IRS Considerations in Offers in Compromise

Obviously, not just anyone’s offer in compromise will be accepted by the IRS. No one enjoys paying back taxes they owe, but for some, it is an impossibility. When assessing an offer in compromise, the IRS will consider the following applicant factors:

  • Ability to pay
  • Incoming income
  • Expenses
  • Asset equity

Offers in Compromise Approval

Offers in compromise are most often approved if the amount of payment suggested is the maximum amount the IRS can expect to collect within an acceptable time period. If the applicant can prove that their income is at the minimum for sustaining a basic standard of life, especially if they have dependents who would also suffer financially with a full repayment, an offer is more likely to be accepted.

Offers in Compromise Rejection

If an offer in compromise is rejected, the decision can be appealed if filed within thirty days of the rejection. If the applicant’s income is too high, they have large amounts of asset equity, or low expenses, the application is likely to be rejected.

Before an offer in compromise will even be considered by the IRS, the applicant must be up to date with all the filing and payment options. An applicant is automatically denied if they are involved in an open bankruptcy proceeding. Preparing a preliminary proposal using an offer in compromise pre-qualifier is a good indicator of eligibility.

If you are drowning in debt and are faced with paying back a large amount of taxes, you might be able to settle your taxes for an amount that is less than what you owe. An offer in compromise is an option available to people who have attempted other repayment options and are left with no other choices. Hiring an IRS lawyer to help you prepare your offer and decide what kind of payment option is right for you can make the process as stress-free as possible.

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Why Indiana Residents Shouldn’t Speak to Police without a Lawyer

Being charged with a crime is always scary, no matter what the circumstances. However, you can actually make your situation worse by talking with the police. Many people cooperate with police, thinking that it will help, but often, it doesn’t. It can hurt you greatly.

Think about it—you can actually end up admitting to things that you didn’t even do, because you don’t fully understand what actions are illegal and what actions aren’t.

For instance, being in a house with illegal substances in it isn’t necessarily illegal if you didn’t know they were there. So, if police accuse you of being in possession of drugs, you might admit to it because the drugs were found in your house. In reality, the drugs belong to the person who put them there, so you must be careful when talking with police.

In most cases, you shouldn’t talk to them at all without an attorney present. This goes for all types of crimes across the board. If you believe you’re being investigated, calling a lawyer should be your top priority.

Why You Shouldn’t Speak to the Police without a Lawyer Present.

If the police are asking you questions, they are investigating some type of crime or suspected crime. They are looking for someone to blame, and it just might be you. It depends on the situation, of course, but if you believe, for any reason, that you might be the object of their investigation, or tied to it, then you shouldn’t answer their questions.

If they truly want to talk with you, they can bring you in for formal questioning, and you should have a lawyer with you. The police are good at their job, and they know how to use your statements against you. Everything you say to them will be documented and used against you as evidence.

Law enforcement officers don’t care if you didn’t understand the question. They will present your words to the court and it won’t paint a good picture. Trying to take your statements back later will only make you look unreliable.

Are There Defenses Against Conviction of Crimes?

There are always defenses against the conviction of crimes. However, the more you talk, the more likely you are to hurt your case. A few common defenses available in criminal cases are: self-defense, duress, innocence, wrong place at the wrong time, mistaken identity, mistake of fact, police errors and entrapment.

Need Help from a Criminal Defense Lawyer in Terre Haute, Indiana?

A Terre Haute criminal defense lawyer will know what the best defense is for your case. You will, unfortunately, make your chances of avoiding a conviction much lower if you talk to police without a lawyer present.

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What to Do if Your Company Is Covering Up a Lawsuit?

At any company, there’s a possibility of a lawsuit. When something goes wrong, your company might be the ones held responsible for the incident, putting you and your fellow employees in an uncomfortable spot. Worse, while the case may even have already settled, you’re concerned about the way your employer is handling things.

Now, you might be expecting of your company covering up a lawsuit? You may not understand why, or you may simply be unsure on how to proceed. When this happens, you may need to consider taking your tip to the SEC. If your employer is engaging in illegal activity, you’ll need to know who to tell and what to do next.

When is Corporate Disclosure Not Enough?

When your company is involved in questionable business practices, understanding when they’re violating expectation is vital. You’ll need to know when to call in your tip, but when is your company acting inappropriately?

Typically, corporations must disclose any necessary information to the public, especially if that information would affect investors or stock values. If they choose to hold back this information, they’ve failed to disclose all information necessary, which is illegal.

This failure to disclose can come from a number of sources. For example, they may have published a financial report that is simply inaccurate. They want their investors to think they’re doing well and continue investing, after all.

They may also simply leave out major events within the company. That may be a hacking incident, a scandal like sexual harassment, or a conflict of interest. Any of these could affect their investors, so they’re required to disclose it.

What Can I Do About It?

Because you’re an employee of the company, you have insider access to the company. That’s a position that the Securities and Exchange Commission, or the SEC, can use. Your employer is engaging in illegal activity, and they should be held accountable for it. Fortunately, your position can help the SEC hold them accountable.

If you believe your company is covering up a lawsuit, for example, you’ll need to bring your tip to a corporate disclosure whistleblower attorney. They’ll review your tip then help you prepare the details that you’ll need to submit as well.

Awards for Whistleblowers

Even so, many people don’t like the idea of opposing their employer for no reason. After all, that’s how they get their paychecks, and they need that support for themselves and their families. Fortunately, you should have some protection and award for your actions.

For example, companies aren’t allowed to retaliate against you, and if you’re concerned about retaliation, you may be able to submit your tip anonymously. You’ll need a lawyer for an anonymous tip, but it can protect your safety and privacy.

Potentially, if your tip is useful, you might receive a monetary award for your help, not just the sense of a job well done. The SEC may give you 10 to 30 percent of the sanctions imposed on the company. For you, that could mean a million dollars or more.

Get Help with Your Tip

When you believe your company is engaging in illegal behavior, someone needs to step in and ensure they’re doing the right thing. So, when you believe that your company is covering up a lawsuit, reach out for help becoming a whistleblower.

While you might have some concerns about becoming a whistleblower, acting now can help prevent further illegal activity from your company. That protects you, their potential investors, and those hurt by their refusal to disclose important information.

If you’re concerned about their illegal activities, reach out for a whistleblower attorney. They’ll help you prepare your tip and get the award you deserve.  

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Medical Mistakes That Count as Malpractice

When we head to the doctor, we expect the doctor to fix whatever ails us, from a minor cold to a major traumatic injury. However, there are times when we walk out of their office feeling worse than ever.

Unfortunately, doctors make mistakes, too, and those mistakes can cost you. You might struggle with a medical injury or misdiagnosis for years after their mistake. Worse, it may have been more than a mistake. Instead, your suffering may count as malpractice.

If you’re concerned about your medical injury being more than a mistake, reach out for help. Recovering from malpractice is tough, so you should receiv

Misdiagnosis Can be Harmful

Not all illnesses are especially distinct. What might seem like a minor illness can be a symptom of a heart attack, or your stomach pains may turn into a ruptured appendix. In some cases, your symptoms may not seem serious after testing. You might go home, only to get much worse.

Even if a doctor is vigilant, a misdiagnosis can happen. They may have done all they could, only to not find the illness was far worse.

Unfortunately, a negligent doctor can cause serious injuries. For example, you might have come in with severe abdominal pain, but your doctor said it was gas and sent you away. Your appendix ruptured, and they didn’t take the care needed to protect your health.

Medication Mistakes

Even a correct diagnosis doesn’t mean you’re safe from harm. When a doctor prescribes you medication, it’s important to get that dosage right. Some medications, especially blood thinners or pain medication, can do major damage if not given in the right dose.

Unfortunately, your doctor might not be focused on you. For example, they might give you too large a dose, which can make your condition much worse. Too little a dose, however, can be just as dangerous. So, if you believe your doctor hasn’t treated you right, get the help you need to recover.

Determining Mistakes and Malpractice

Doctors are human, too, which means that accidents can and will happen. When, however, is an accident not an accident? The answer is, “When the doctor was careless.” Your doctor should make your health a priority, and when they don’t, you’re the one who suffers for it.

When that happens, you’ll need a medical malpractice lawyer in Boca Raton to help. It’s tough to determine whether you’re dealing with a simple mistake or outright malpractice alone. After all, you’re hurt and overwhelmed, which makes it difficult to determine.

Fortunately, a lawyer can help. You’ll need someone who understands the difference between a mistake and medical malpractice on your side, so get help gathering evidence of malpractice today.

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Is It Safe to Drive in New York City?

We’ve all seen the movies that take place in New York City with virtual seas of yellow Taxi cabs. Partly understood as a result of such a densely-populated area where driving is not always the easier option, it does prompt the question, “Is it safe to drive in NYC?” While the answer may depend on if you are asking a native of the city or a visitor, there are certain tips that anyone who has driven in NYC will tell you when it comes to traveling by car safely through the sprawling metropolis.

Why Most NYC Visitors Don’t Drive

Most New York City tourists make the decision not to drive in the city. This is not necessarily because of the safety of navigating New York’s roads; often, it’s more about the ease and convenience. The amount of taxis at the ready make it simple to get around the city without driving, and the subway system is well developed and gets travelers anywhere they want to go within the city. Parking costs can be astronomical, and for people visiting for several days, paying for parking everywhere can add up very quickly. For these reasons, most visitors to New York choose not to drive.

Be Aware of Different Traffic Laws

One reason drivers unfamiliar with driving in NYC can be at risk is if they are unaware of different traffic laws. While virtually every other state in the United States allows you to make a right turn on a red light, NYC is different. Unless it is otherwise posted that you can, this big difference could be the cause of numerous collisions.

Pay Attention to Road Signs

Driving in NYC is not an easy feat. Due to the heavy amounts of road and pedestrian traffic, drivers must be extra alert to their surroundings, including road signs. There are multiple major avenues where you are prohibited from making left turns during certain hours, and these stipulations will be clearly posted. These traffic laws are put in place to decrease congestion at the busiest intersections during the busiest times. Making an illegal left-hand turn can not only result in a ticket, it can be unsafe.

Pedestrians

As the largest city in the United States with a population of almost 9 million, there are people everywhere in NYC. While it is technically illegal to jaywalk, with so many people, it happens very often. If, as a driver, you are not aware or looking out for this, it can be unsafe for both drivers and pedestrians. To safely drive in New York City, you have to be on the lookout for pedestrians, even when there is not a marked crosswalk.

If you are involved in a car accident in New York City, don’t hesitate to contact a New York City auto crash lawyer who will represent you or guide you through the process of filing a personal injury claim.

 

https://en.wikipedia.org/wiki/Taxicabs_of_New_York_City

https://en.wikipedia.org/wiki/New_York_City

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Seeking Full Child Custody in Pennsylvania

It is a joy for any couple, married or otherwise, to have kids. While the parents may have a great relationship in the beginning, things may change with time. If the parents of the child decide to go their separate way, the court must make a ruling on who is going to get custody of the child as well as the type of custody they will get. In the state of Pennsylvania, the court can either grant sole or joint custody. In the case of joint custody, the parents agree in writing when the child in question will spend time with each parent. With sole custody, the child spends all the time with the custodial parent while the other parent gets visitation rights.

How to Get Sole Custody

Ideally, the parents of the child should agree on how they are going to share custody jointly. If they come to an agreement, they will need to make a written agreement, sign it and submit it in court. The judge will then grant joint custody.

Unfortunately, there are many cases where each parent wants to get sole custody. In such cases, the custodial issue will have to go to court for determination. To get full custody in Pennsylvania state, you will need to demonstrate to the court that you are the most suitable parent to raise the child. However, if the other parent also manages to convince the court that they are equally qualified to raise the child, the judge may grant them joint custody. In many cases, Pennsylvania judges usually require all the parties seeking custody to go for counselling. The counsellor will then provide their expert opinion for the judge’s consideration. After the hearings, the judge may grant either joint or full custody.

When seeking full child custody in Pennsylvania, there are several things that can tip the scale in your favor. For starters, the judge will consider the child’s preference. Secondly, the judge will consider any criminal convictions that any of the parties may have. Any history of drug addiction, particularly hard drugs may disadvantage a parent.

Another factor that may convince the judge to grant full child custody to you is your former partner’s history of abuse. Research has shown that 40-60 percent of parents who abuse their partner also abuse their kids. There is no judge that can allow an abusive parent to get custody of their child, whether joint or full custody.

Another factor that may influence the judge’s decision is the ability of a parent to foster the relationship between their child and the other parent. After all, there are some parents who may want to completely cut off any relationship the child may have with the other parent. This is usually due to bitterness among other things. If you can demonstrate how you are planning to foster the relationship between your child and your ex, if you get sole custody, you may have an advantage. That said, be sure to hire the most competent child custody lawyer to help you full child custody in Pennsylvania State.

Sources:

  1. https://www.liveabout.com/pennsylvania-child-custody-guidelines-2997119
  2. http://www.pcadv.org/Resources/20110719_Act112_Custody_Chart.pdf
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Personal Injury Law in Wisconsin

Being injured in an accident is not something anyone wants, but being prepared may help you to know what to do when the time comes. When you are injured and it wasn’t your fault there are laws in Wisconsin that protect you.

These laws are called personal injury laws. Understanding your rights can help you to move fast when you’ve been hurt because of a negligent or reckless party.

What is the Law of Negligence in Wisconsin?

The law of negligence states that when a person injures another person, on purpose or because of carelessness, the injured party has every right to seek damages. The purpose of this law is to set right a wrong that has been done to the injured party.

Although no amount of compensation can erase what happened to you, a monetary settlement or award may be able to pay off your financial losses and provide enough for you to look to the future.

What is the Statute of Limitations on Filing a Personal Injury Case?

When you decide that you want to file a claim for personal injury you must ensure you get your case filed by the filing deadline. With personal injury cases the deadline, or statute of limitations, is three years from the date of your injury accident.

If you don’t file your claim within that time frame, you will lose your chance to receive justice and compensation for what’s happened to you. The court makes very few exceptions to this timeframe, so make sure you meet the deadline.

Can I File a Claim Against the Government?

Not everyone realizes that they can file a claim against the government if injured. When the government has been negligent they can be made to pay you for your injuries and losses. An example of negligence by the government:

You enter a courthouse and slip on a spill that’s been left in the middle of the hallway. No sign or warning marked the spill and an employee knew that the spill was there but failed to clean it up. If you were seriously injured you can sue the government to recover compensation for your injuries.

There is a catch, however. With claims against the government you must file a notice of claim with the government agency within 120 days of your accident. If you fail to do this then your claim could be thrown out.

A Wisconsin injury lawyer should be able to help you with understanding these laws, and your lawyer will help you to receive the most compensation that’s available for your case. Your compensation amount will depend on the seriousness of your injuries, but many accident claims in Wisconsin receive the following damages:

  • Pain and suffering
  • Accident-related medical care such as copays, hospital stays, surgeries, medications
  • Mental trauma caused by the accident
  • Physical therapy costs
  • Mental health services
  • Property damage, if applicable
  • Loss of work wages
  • Permanent injury/scarring/disfigurement
  • Disability
  • Loss of life enjoyment

Now you know some of Wisconsin’s basic injury laws. With any luck, this information will help you when you need it.

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Businesses: Be Careful What You Post on Social Media!

When you’re a business owner, it is undeniable that utilizing social media can be an enormous benefit to your law firm. You can make use of networking, interacting with your potential clients, and gain popularity by increasing the number of followers your social media profiles have.

However, social media, despite its ability to connect consumers and business owners in a more personal way, can be the downfall of many businesses if you aren’t careful about what you post. Continue reading to learn more about what you should avoiding posting on your social media profiles and other laws you should keep in mind when posting content on your pages.

Inappropriate Content Can Turn Your Audience Off

One of the biggest mistakes a law firm, or any business for that matter, can make on their social media pages is posting content that can turn their audience against them. For example, you might think a particular post was funny and engaging with no inclination that your followers might take offense to it.

Some topics you want to avoid on social media include anything related to politics, religion, “fake news”, providing personal photos or drama, or any controversial subject matter that will alienate your followers.

Although there is a fine line of what can be shared when you consider that someone, somewhere is sure to take offense, on your law firm’s social media pages, it’s critical that you keep your content focused on your law firm, promotions, socially responsible activities your firm has participated in or is supporting, and other content that direct reflects how your firm is involved in the community or can help potential clients.

Violating Copyright, Confidentiality and Libel Laws

Another major mistake law firms make when using social media is using their personal profiles as their business page. This may seem like common sense, but a shocking number of businesses do this and it always has a negative impact on your business.

For instance, let’s say you posted a negative review on another law firm in an attempt to make your firm seem like the better choice. Not only can everyone on social media see that you were the one posting a negative review, but attempting to ruin someone’s reputation is online libel and you would not only look petty to your followers but you could find yourself the subject of a civil lawsuit.

You should also be careful of what content you are providing to your followers. You could violate your client’s confidentiality if you share too much which won’t lead your followers to believe they can trust you.

Also, there is a lot of content out there that is subject to copyright laws. Sharing other pages content can be helpful in your social media search engine rankings, but if you haven’t been given permission to do so you could end up in some trouble for sharing content that you don’t have the authority to. If you’re unsure if you’re able to share someone else’s content, the best way to be sure is to message them and ask for permission.

Work with a Skilled Social Media Marketing Firm

Sometimes the best way to ensure that your page doesn’t become a target for negative feedback and lawsuits is to entrust your page with a skilled social media marketing firm.

With law firm social media provided by ApricotLaw, you’ll be able to rest easier knowing that your social media profiles are being managed by a marketing firm that utilizes the best strategies for keeping your pages professional when interacting with your future clients and other business pages.

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California Child Guardianship Laws

It’s unfortunate, but there’s a chance that a child you know has been abused, neglected, or otherwise can’t be cared for by the parents. When that happens, you may be thinking of taking over the guardianship of the child. However, what does this mean for you and the child, and how can you do it?

Legal guardianship is different from adoption or other forms of child care, so be sure you know what to expect when you’re planning on becoming a child’s legal guardian.

If you’re struggling with your case, you’ll need to consult a lawyer before you fight for guardianship. They’ll have the resources you need to understand the laws around child guardianship and what you’ll need to know before you become their guardian.

Child Guardianship Rights

Before taking guardianship of the child, note that your rights as a guardian are not the same as the birth or adoptive parent. This is because taking legal guardianship of the child doesn’t invalidate the rights of the parents.

For example, let’s say one or both parents are unable to afford the care the child needs. They can’t feed or clothe the child, but the child still deserves a stable, safe environment to live and grow. When this happens, their legal guardian will take over the care of the child while the parent or parents can no longer afford to do so.

However, as their guardian, you won’t have full legal rights to the child. The parents will still have the same legal rights as a parent and can still contact and act in some ways as parents. If the parents are then able to return to their duties as parents, the courts can take custody away from the guardian and return the child to their parents.

Acting in The Child’s Best Interests

As such, the legal guardian doesn’t have the full rights of a parent. Instead, they’ll act in the interim to make sure the child’s best interests are met. However, what does this include?

Often, legal guardianships cover two areas: the physical care of the child, and the care for the child’s estate. If you’re concerned about either of these areas for the child, consult a guardianship lawyer about what you can do about their care.

Managing the Child’s Custody

A major part of the child’s best interests will be making sure that the child has everything necessary for a safe and healthy life. This includes the following:

  • Food and water
  • Healthcare
  • Education
  • Emotional and mental care

It’s important that a child’s needs are met, and a legal guardian may be necessary to meet that. A child’s guardian should cover any of these needs that the parents are unable to provide because of their situation.

Managing the Child’s Estate

In some cases, you might be dealing with a child who has inherited a large sum of money or an expensive piece of property. For example, they might have been left a house or a large investment fund of which they’re not old enough to own.

While the property or money is the child’s and should just be used for their best interests, a child can’t manage and care for those things. As such, a legal guardian may be necessary to make sure the child’s financial needs are handled.

A Guardianship Lawyer Can Help

Child guardianship can be complex, so you’ll need to get started with a strong grasp on California’s laws about guardianship and what rights you have. It’s important to start out with this knowledge, so you can give the child the best care possible and be prepared for the case.

Whether you’re getting a divorce or will otherwise be unable to take care of your child for some time, or if you might be taking custody of a child, be sure you understand what your rights are. You’ll need to provide the child with the best care possible, so take care to get them that help.

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