Car Accident Lawyer

Car accidents are increasing proportionally to the amount of distracted drivers on the road. Unfortunately, the number grows daily, meaning that you are more likely to get into accidentes automovilisticos each day. That is why our friends at Unidos Legales have put together some tips to help you avoid getting into an accident.

Tip #1: Turn Signals

Although drivers around you may not use them, it can help you avoid an accident if you use your turn signals when driving. For those that are paying attention on the road, this will help them to know where you want to go. This is especially important when you are driving in heavy traffic or trying to get around a semi-truck on the highway, as an example. Using a turn signal should always be a habit, but sometimes it can be easy to forget.

Tip #2: Braking Distance

Never drive too close to the car in front of you. This is called tailgating. There should always be a few car lengths between you and the vehicle driving in front of you. If the car in front of you has to slam on their brakes at any point during the drive, your own car must be able to come to a complete stop without rear-ending the car in front of you. Following too close is sure to lead to an accident.

Tip #2: Don’t Drive Distracted

You cannot control the other drivers on the road around you — you can only control your own actions. To cut down on the possibility of an accident occurring, do not drive distracted. Do not try to text or do anything on your phone. Try not to eat or drink — or do anything that will take your hands off the wheel and your focus off the road. If you’re in heavy traffic, you should also turn down your music in case you need to hear sirens around you.

Tip #3: Get Sleep

Behind distracted driving, drowsy driving is another major cause of accidents. Make sure to get a good night’s rest before hitting the road. If you plan to be on a long journey, map out points where you are able to pull over and take a break. Make sure to stretch your legs and refresh yourself. If you notice yourself falling victim to road hypnosis or just drowsiness in general, pull over to the side of the road until the feeling passes.

Tip #4: Drive Defensively

Always be on high alert when in heavy traffic. Check your mirrors. Before leaving the garage or parking lot, make sure you can see out of both your side view mirrors easily as well as your rear-view mirror. Adjust them as necessary. Do not follow too closely to the car in front of you. If you see brake lights, you should slow down.

Tip #5: Don’t Rush

Car accidents often occur because someone is in a hurry to get somewhere. This also means they are often speeding to their destination. Speeding, driving recklessly, and not quite paying attention to the road are ingredients to a recipe for disaster. Slow down and take your time. Getting somewhere late is not worth your life or someone else’s life.

While we hope these tips keep you safe on the road, you still may get into an accident due to someone else’s negligence. If you get into an accident, contact a car accident lawyer near you for help immediately.

Special Needs Trust Lawyer

Tragic accidents happen every day. This is why every adult should have an estate plan in place. Even the healthiest of adults are killed in terrible accidents. Without an estate plan, how will you be assured your family will be taken care of should something happen to you? There are many different tools that can be used in an individual’s estate plan. Some of the most common are wills and trusts. Trusts are particularly popular because these accounts are not required to go through the probate process. When it comes to choosing the best type of trust for your particular situation, there are several to choose from.

One situation that many parents face is planning an estate plan when their child has special needs. There are a number of factors that need to be considered when establishing a trust for a special needs child. This is where a special needs trust may be the best choice.

The following is a brief overview of special needs trusts from a  special needs trust lawyer from Silverman Law Office, PLLC.

What Is a Special Needs Trust?

Trusts are instruments used for an individual’s assets. The individual names a beneficiary who will retain ownership of those assets upon the individual’s death. The distribution of the assets will depend on the stipulations specified in the trust.

There are factors that parents of special needs children need to consider when establishing a trust for their child to ensure that the child will be taken care of after the parent dies. Many disabled people receive Supplemental Security Income (SSI) and Social Security Disability (SSD) and qualifications for those benefits are dependent on what type of assets the individual has. By establishing a special needs trust for their child, parents can be assured that their child’s health insurance and other benefits will not be jeopardized because of the inheritance they are leaving them.

How A Special Needs Trust Preserves Financial Resources

A person who is receiving SSI and Medicaid is not allowed to have more than $2,000 in assets. If they do, they lose these benefits and will not qualify again until all of their assets have been depleted. However, assets that are in a special needs trust do not count as the recipient’s assets.

Although parents and grandparents of a special needs child can provide for supplemental needs trust in their will, it is more beneficial to set up a special needs trust while still alive. This way, funds will be available immediately, and will not have to go through any probate process where there is always the risk that someone will contest your will and what your last wishes were.

It is also possible to create a special needs trust in advance of a disabled, minor child receiving significant financial resources, such as a personal injury lawsuit award or settlement. If these resources will disqualify the recipient from public benefits, it is imperative to establish a special needs trust that can be certified by the court or signed and sponsored by the parent or grandparent that will maintain the minor child’s eligibility for public benefits.

To learn more about special needs trusts, contact an estate planning law firm to speak to a special needs trust lawyer.

If you are like most people, you have seen the feel-good insurance commercials. Insurance companies claim to have only your best interest at heart and promise to be there when things go wrong. Of course, you believe them. After all, if consumers pay their premiums every month, what reason would the insurance company have in denying a legitimate claim? You might be surprised.

The Ugly Truth About Insurance Companies

Insurance companies are for-profit businesses, and, like most for-profit companies, they are in the business of making money. They cannot make a profit if they are always paying out claims. So they do everything they can to deny them. If they can’t deny them outright, then they work just as hard to cut corners and minimize the amount the victim ends up with.

Some companies use intentionally confusing wording and obscure clauses that their customers could not reasonably interpret. Others offer rewards to their employees who have the lowest payout quotas. Some will even go so far as to use shady practices – far too many car accident victims wait and wait and wait for some kind of decision – or just some movement – on their claim until they give up.

If this sounds unfair, you are right, it is. Yet it is an everyday issue within the insurance industry. Thankfully, there are some things that victims can do to mitigate the risks of having their claims denied.

Never Handle a Claim Alone

First and foremost, accident victims should avoid trying to file a car accident claim on their own. Instead, they should seek the assistance of an experienced car accident lawyer. Even if you have health insurance is covering your medical bills, you may still have out-of-pocket medical expenses, such as deductibles and co-pays. There are some expenses – such as travel expenses to get back and forth to medical appointments – that no health insurance policy will cover, however, those expenses are recoverable in a car accident claim.

There are also other losses that should be covered in a car accident claim, including lost wages, pain and suffering, permanent disability, emotional anguish, and more.

The insurance company will do all it can to try to question any losses you claim. This is why you should depend on your car accident lawyer so you can focus on your recovery.

If Your Claim is Denied or Delayed

If you have already filed a car accident claim and the insurance company is delaying processing it or has denied it, you can still contact a car accident lawyer for help. Once the insurance company hears you are being represented by a skilled and experienced car accident lawyer, it is very likely their attitude will change and they will be more amendable to coming to the negotiation table.

Thanks to each car accident lawyer from the Law Office of Daniel E. Stuart, P.A. for their insight about assault and battery personal injury cases.

Truck Accident Lawyer

A truck accident can be a highly stressful time in your life. It is common to leave the scene of a truck accident severely injured or without the use of your vehicle. You may be suffering from injuries and your car may be totaled, cut in half, and entirely unusable. However, it is not just what happens at the scene of the accident that you are probably worried about. You are likely also experiencing how the truck accident has affected other areas of your life. If you have been in a truck accident, you are likely experiencing various emotions and the different ways this type of accident can damage you. 

• Immediate injuries. You are likely dealing with short-term injuries that are apparent immediately following the accident. This could be something like a broken arm, whiplash, or a concussion. While these may not have long-lasting effects, they can affect your ability to work and could cause you to have a spurt of expensive medical bills. 

• Long-term injuries. As a lawyer, like a truck accident lawyer from a law firm like Cohen & Cohen knows, long-term injuries can impact the rest of your life. These injuries can make it debilitating to get out of bed in the morning, make it impossible for you to return to your regular job, and completely upend your life with physical therapy and exorbitant medical bills. If you are suffering from a traumatic brain injury, paralysis, or another injury that is permanent, you may not be able to return to the life you once had. 

• The emotional damage. Many people do not take the time to consider the emotional trauma and damage that comes from a truck accident. If you were the victim in a truck accident, you may not be comfortable getting in your car anymore or even going out to the grocery store. You may have a fear of large vehicles and you may experience flashbacks if you hear certain noises or see certain things. This can completely change how you live your life and it may mean you need therapy just to function at a certain level. This may force you to change your job and it may mean that you are unable to care for your family as you did prior to the truck accident. 

Find the Help You Need

Getting into a vehicle accident of any kind can be worrisome. However, when that vehicle is 50,000 pounds and slams into you on the road, it is understandable that your life is completely changed. Being the victim in a truck accident can mean saying goodbye to a huge part of your life. If this sounds like you, you should know where you can turn to. You should seek the help you need and fight to get the compensation that you deserve. When you are looking to file a truck accident claim, turn to a team of lawyers you can trust today. 

If you have recently been injured in a motor vehicle accident, Ring whether it is worth your time to speak with an attorney. This is not an uncommon response to suffering harm as a result of an accident. The ins and outs of the legal system are not always straightforward. If you are unsure of whether you have grounds upon which to pursue legal action, you are not alone. Similarly, if you are unsure of whether you should be navigating the insurance claims process by yourself, you are also not alone. Millions of Americans ponder these same questions each and every year.

Although there is no “one size fits all” approach to the aftermath of an accident that applies to every situation, there are some general rules of thumb that you can keep in mind when making a decision about scheduling a legal consultation in the wake of a crash. Generally speaking, if your injuries were so minor that you didn’t require medical attention and your property damage is only going to cost you a few hundred dollars to fix, your case is low-stakes enough that you can probably get by without an attorney’s assistance. But, if your injuries required medical care, you’ve missed work to recover, and/or your property damage is significant, it’s probably time to speak with a lawyer.

Insurance Considerations

As an experienced car accident lawyer – including those who practice at MartinWren, P.C. – can confirm, insurance companies tend to use a variety of tactics to minimize their liability. Don’t ever forget that insurance companies are for-profit enterprises primarily concerned with protecting their bottom-line for the benefit of their stockholders. As a result, any insurance claims adjuster assigned to your case is likely to do what they can to devalue or reject your claim outright.

Arguably the best thing you can do to protect yourself against these tactics is to hire an attorney to speak and negotiate with insurance claims representatives on your behalf. Lawyers who regularly deal with the insurance industry know how to efficiently and effectively manage claims to maximize compensation for their clients. As an added bonus, working with an attorney will allow you to focus on healing instead of navigating the stress and time-consuming challenges associated with insurance claims negotiation scenarios.

Pursuing Personal Injury Damages

If you choose to file a personal injury lawsuit against others who are responsible – in-part or completely – for the harm you’ve suffered, you’ll want to enlist the services of an experienced personal injury attorney as well. Filing a lawsuit is a very complex process and one that accident injury victims shouldn’t attempt to “DIY.”

More than nine out of every 10 lawsuits filed in civil courts across the country are settled before they reach the trial phase. Yet, you’ll want to work with an attorney who has a proven track record of success at both negotiating fair settlements and winning at trial… just in case your matter is one of the few that must be resolved by a jury.

Car Accident Lawyer

Wondering whether to file an accident claim can be difficult. Working on any kind of legal case is a hassle for most people, but it may be worth the time and effort. You may be able to recover the losses you have suffered as a result of the car accident. With a qualified lawyer’s help however, you can go through the process efficiently with few issues. There are many factors that you should consider if you are not sure whether hiring a car accident lawyer is the right call. 

You have major financial losses.

A car accident can result in thousands of dollars or more in financial losses, as an experienced car accident lawyer like one at Hall Justice Law Firm LLC is familiar with. Taking into account all of the medical treatment costs, missed wages, therapeutic services, destroyed or lost property, and many other types of losses, your finances can be severely affected. To get a better sense of your financial picture, it may be in your best interest to meet with a lawyer and review all of your costs and financial situation to see if filing a claim is a good decision. 

You have sustained serious or multiple injuries.

If you have suffered severe injuries or multiple injuries, you may want to file a personal injury accident claim. Even with insurance, depending on your plan it may not be enough to cover all of your medical expenses. You also have to think about future expenses such as appointments for physical therapy and prescription medicine. All of those costs can add up to a large amount. If you have the chance to reduce your total costs that you need to pay off, it is worth talking to a lawyer to discover how they can help you. 

Multiple parties were involved in the accident.

If your car accident involved multiple parties who were at fault, you can take legal action against them. Including multiple parties in your claim can increase the total compensation amount that you can possibly recover. Claims involving more than one defendant are much more complex to handle, so it is recommended that you hire a lawyer to help you with the process. They will be able to work on your case and complete the more sophisticated and detailed tasks of your case. 

You do not have enough insurance coverage.

Car accidents can leave you with thousands of dollars or more in expenses, but if you have an insurance plan the amount you pay should be greatly reduced. However, you may still have a large amount to pay out of pocket because your insurance might not be able to cover everything. Filing a car accident claim can be one way to address the gap. If you are able to get a settlement, you can get the additional amount you need to pay the other accident-related costs. For more information about how to legal assistance for a car accident claim, talk to a qualified and trusted lawyer who can help you right away. 

There are a variety of reasons to hire a reputable lawyer that you can trust if you are going through a personal injury case. Recovering after a personal injury is just the beginning of the long road ahead of you. However, you may be dealing with additional challenges such as financial losses and the emotional impact of surviving what is often such a traumatic event. Regardless of what kind of accident you have suffered injuries in, a lawyer can help. Know the many reasons why hiring a lawyer is worth the time and effort. 

They Have Legal Knowledge 

A trusted and highly qualified lawyer who has extensive years of legal experience is equipped to help you. If you hire a lawyer who has years of litigation experience, you are much more likely to win your case. They already are familiar with the legal system, especially the process for personal injury cases. A lawyer can explain how the law works, what your full legal rights are and what you can expect as you go through your case. With their vast amount of knowledge, you can have confidence that you have the support you need to achieve a good outcome. 

Specific Case Experience 

Not only should you hire a lawyer, but the lawyer you hire for your case should have specific experience handling whatever accident you have been involved in. As a trusted personal injury lawyer like one at Therman Law Offices, LTD can inform you, personal injury covers a broad range of case types. For instance, if you have been in a car accident or suffered an injury due to medical malpractice, choose a lawyer who has successfully achieved excellent results in those types of cases. 

Personalized Legal Assistance 

Handling a personal injury case all on your own can be a difficult, disorientating and time-consuming process, especially if you do not have basic legal knowledge. You are more likely to make mistakes or miss important deadlines and requirements. With a lawyer, they can give you personalized legal help with your case and determine the unique legal strategies that can boost your chances of success. You can count on them to answer your specific questions regarding your case. 

Trial Assistance 

While most personal injury cases end up with a settlement, there is a small chance that your case will go to trial, such as if the insurance company has a dispute or a party is not cooperating. If your case ever needs to go to trial, a trusted personal injury lawyer can represent you if necessary. Trials often require a different strategy, and a lawyer has the legal knowledge to defend you and advocate for you so that you get the best results and highest compensation possible. 

There is personalized legal help available if you hope to recover compensation for your losses following a personal injury. Don’t hesitate to take action because there is a limited amount of time for you to file a claim. Schedule a consultation with a trusted lawyer in your area now for more information. 

Personal Injury Attorney

As a personal injury attorney from The Lynch Law Group who works on cases involving criminal charges can tell you, every criminal defense has its place on the scale. Some offenses are not nearly as serious as others, but this does not mean they are not classified as criminal offenses in some regard. The most common classifications are felonies and misdemeanors, and in being the most common these are also the classifications individuals are most familiar. However, there are different types of offenses and it is best to know what they are so that you understand that some may have nothing to do with the other and not every offense is something you should be afraid of, as not every offense requires jail time or affects your criminal record. Classifications have different levels of intensity, as well as consequences, in different regions but usually apply to the same offense. We are going to list these classifications in order of least serious to the most serious.

Infractions.

Infractions are usually punishable by fines from the courts. These are simply violations, such as traffic or parking. These offenses do no usually require an attorney, as there are no criminal consequences like jail time, trial, or charges on your criminal record because of these. While you may be summoned to court, you are not facing jail and can easily pay the infraction to avoid any additional headache.

Misdemeanor. 

These are far more serious than infractions and can require jail time; not prison time. Individuals are usually sent to prison when sentenced to more than a year in a correctional facility. Misdemeanors are not punishable for more than a year. Much like infractions, misdemeanors may also be punishable by fines. Because jail time is on the line, it is typical for you to hire a criminal defense attorney or have one appointed to you by the courts. Misdemeanors have specifications as well and you should speak with an attorney if you are facing one.

Felony.

The most serious, and thus the more serious punishment follows should you be charged with a felony. There are ranges of offenses that fall under the category of felony but this does not always mean jail or prison time either. An individuals’ punishment depends on the offense but sometimes may consist of only probation and fines.

No matter the classification your offense falls under, it is best to contact a criminal defense attorney to be sure. Should you or someone you know have any sort of run in with the law, be sure to contact a criminal defense attorney as soon as possible.

Medical Malpractice Attorney

If you have suffered harm while under a medical professional’s care, you have the right to pursue a medical malpractice claim to recoup your losses. However, medical malpractice cases tend to be very complex. There are multiple challenges that come with these cases, so it is important to have an experienced medical malpractice attorney on your side.

Here are a few reasons why medical malpractice cases are difficult to win.

Proving Medical Negligence Is Tricky

Proving negligence in accidents like car crashes and slip and fall accidents can be pretty straightforward. However, it is more difficult to prove negligence in a medical malpractice case. In order to establish that negligence occurred, you must the the medical professional owed you a duty of care, breached that duty, the breach caused your injury and that resulted in damages. Medical malpractice cases rely heavily on medical experts to assess the doctor’s treatment and demonstrate what the doctor should have done instead. Even if a medical expert provides a convincing argument, the defense may bring up other arguments, such as how your lifestyle choices could have contributed to your injury.

Complicated Evidence

The evidence in a medical malpractice case may be so complex that individuals without medical degrees might not understand it. The jury may have difficulty interpreting your medical records. While a medical expert can talk about the evidence in court, the jury may still have trouble understanding everything. The jury may let their mind wander during the testimony and miss out on critical information regarding your case.

Lack of Expert Witnesses

In order to have a successful medical malpractice case, you must have expert witnesses on your side. However, these witnesses are not so easy to find all the time. Some professionals in the medical industry prefer to support each other instead of going after them in court. However, an experienced medical malpractice attorney may still be able to get in touch with a qualified medical expert for your case.

Juries Trust Doctors

Since doctors have such an important job to perform, many people hold them in high regard. This may be another reason why medical malpractice cases are difficult to win. Juries may believe that all doctors are competent and trustworthy and give them the benefit of the doubt. However, a skilled medical malpractice attorney may still be able to convince a jury that a doctor was indeed negligent and harmed a patient.

Importance of Hiring a Skilled Medical Malpractice Attorney

Because medical malpractice cases are so complex, it is crucial to have an experienced medical malpractice attorney, like one from David & Philpot, P.L., on your side. An attorney can help you gather evidence, identify medical experts and negotiate with the defendant’s insurance company. He or she will know the true value of your case and improve your chances of obtaining the compensation you deserve. Schedule a meeting with a qualified attorney today to talk about your medical malpractice case in detail.

When you’ve been injured in an accident by someone, you can assume their auto insurance will cover all your injuries and medical bills, right? Maybe, maybe not. If someone causes an accident, people tend to rely on the at-fault’s auto insurance to cover you. But what happens if they don’t have auto insurance or they don’t have enough insurance to cover your medical bills? You may be out of luck, which is why uninsured or underinsured (UM/UIM) coverage is important.

Louisiana’s Minimum Coverage

In Louisiana, the minimum coverage of liability insurance is

$15,000.00 for bodily injury per person and $30,000.00 per accident. That’s not much coverage when you consider the high costs of medical bills.

People are often confused between liability coverage and UM coverage. Liability policies cover you in the event that YOU cause an accident to someone else. It’s covering your negligence and will pay claims to the person you may have insured. You get this to protect yourself from being financially responsible for someone’s injury you may have caused. UM coverage, on the other hand, is a policy of insurance to cover you or your passengers from someone else’s negligence. It’s basically extra coverage. It can be in addition to the at-fault driver’s policy.

Uninsured Drivers in Louisiana

According to the Insurance Research Council’s data, 13% of Louisiana’s drivers are UNINSURED! Applying that statistic, there is a good change you could be involved in an accident with someone who doesn’t have insurance. This could leave you with mounting medical bills and future pain and suffering with no method of recovery.

UM/UIM Coverage

The two scenarios above are the exact reasons why you should carry a policy of UM coverage. In Louisiana UM and UIM and interchangeable. They are one and the same. You don’t have to buy a UM and a UIM policy. It covers both.

A policy of UM insurance covers you and your passengers. It’s protection against someone who doesn’t have insurance or doesn’t have enough insurance and causes injuries to you and your loved ones. It’s as if the UM carrier steps in the shoes of the at-fault party and covers your bodily damages as if the at-fault person had insurance. Also in Louisiana, UM can be stacked on the liability policy of the at fault driver. In other words you can collect from BOTH the at-fault driver’s insurance company and your insurance UM policy.

In Louisiana, it is required that an insurance company offer UM coverage to you. In the event that you don’t want the UM coverage, you are required to sign a UM rejection form, formally rejecting UM coverage.

Call your insurance company right away to inquire about the costs of adding a UM policy. You may be shocked at how affordable it is.