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How an Attorney Can Assist You with a Truck Accident Claim

My Family Attorneys on April 27, 2020

Truck accidents can come with more serious risks than the typical car accident. Though there are many issues that are the same, there are also those that are much different. If you were involved in an accident with a big truck, an attorney might be the best person to assist you in the following ways.

Getting Your Claim Filed on Time

Each state has a statute of limitations, which is a timeframe for which you have to file your truck accident claim. Many states hover around two years, but your state could only be one year, and could also be up to five years. Your lawyer will understand all the timelines involved in filing a claim so you get it done on time and don’t have to forfeit the right to compensation.

Investigating the Accident

There could be hidden factors at play in your truck accident. Perhaps it seems clear where liability falls, but a deeper investigation turns up evidence that shows otherwise. Your lawyer can arrange an investigation, hire the investigators, and make sure the proper evidence is found. If he or she works on a contingency fee basis, you may not have to pay those investigative costs until settlement.

Explaining Legal Jargon

There may be some terms you won’t understand when dealing with your truck accident. For example, do you know what “hours of service rules” means? Have you ever made time to understand punitive versus economic damages? How about general or special damages? All of these things have specific meanings and they need to be understood if you want a chance at a favorable outcome.

Negotiating the Settlement

During the claims process, you may run into some situations that need to be negotiated. Perhaps the other party is trying to put partial blame on you. Perhaps the insurance company is only willing to pay a certain amount. Things can get complicated, but a lawyer could help you navigate your way through these difficult negotiations.

Preparing You for Court

If you end up going to court because the negotiations aren’t successful, your lawyer could help you prepare to fight for your rights. He or she could put together a compelling case that shows what truly happened and what you deserve to receive in compensation.

Contacting an Attorney to Move the Process Along

If you’re ready to move the process along, it’s time to contact an attorney. Call a truck accident lawyer, like a truck accident lawyer in MD, for more information.

 

Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into how an attorney can help you with a truck accident claim. 

Nursing Home Contracts and Improper Care

My Family Attorneys on April 21, 2020

Nursing home abuse is one of the most underreported crimes in the United States. The process of holding a nursing home labile for the injuries or damages received as a result of improper care or abuse is a nursing home abuse lawsuit. There are times where victims of nursing home abuse may not have a contract, however, and wonder if they are still able to file a lawsuit.

 

Liability Without a Contract

Residents of nursing homes — or their families — who are injured as a result of improper care may indeed receive compensation, even without a contract. It is the responsibility of the nursing home to provide proper care for its residents, regardless of whether or not a contract has been signed. The following are some instances that may warrant a lawsuit:

 

  • Irresponsible or negligent care or supervision
  • Hiring and retaining employees negligently
  • Improper maintenance of the property, leading to injury or death
  • Improper maintenance of any equipment 
  • Improper training of employees 

 

A nursing home owes each of its residents a duty of care. If this duty of care has been breached and has led to an injury or even a death, the nursing home can be held liable.

 

Notification of Neglect or Abuse

All states currently have systems in place for reporting accusations of abuse, exploitation, and neglect of the elderly. Once a complaint has been filed with the proper state authorities, an investigation will usually take place. This will include interviews with not only the resident but also his or her family as well as nursing home management and employees.

 

If it’s found that the allegations are warranted, Adult Protective Services will step in to provide services to the elderly person. This is meant to correct the situation and prevent it from happening again. However, there are many times where the victim’s family or the victim may not feel content or rightly recompensed for the injuries or emotional distress that occurred. Often, just transferring the resident to another facility is not enough to help cope with the physical and emotional distress of the situation.

 

In these cases, it’s best to speak with an experienced nursing home attorney about bringing a lawsuit against the nursing home. Without filing a lawsuit, adequate compensation cannot be guaranteed. Additionally, criminal prosecution may be necessary depending on the severity of the abuse. A nursing home lawyer, like a nursing home lawyer in Maryland, can help advise about the benefits of going to trial, if necessary, and what types of compensation or aid may be available.

 

Thanks to Brown Kiely LLP for their insight into how to get compensated for any kind of nursing home abuse or improper care. 

What is a “Chain Reaction” Car Accident?

My Family Attorneys on April 19, 2020

When two more cars crash into each other, this is considered a multi-vehicle accident. Typically, these occur because of a chain reaction where the last driver rear ends the person in front of them, causing that driver to then be pushed into the vehicle ahead, and so on. While these accidents can be the cause of one driver’s carelessness, it doesn’t mean that every other party is innocent. And due to the nature of chain reaction car accidents, many people (both drivers and passengers) commonly sustain injuries that require medical treatment.

I was in a “chain reaction” car accident, now what should I do?

It is important that you exchange information with every driver involved in the accident, gather witness contacts, and call police so they can file a report about what happened. If you aren’t experiencing a medical emergency, then try to get photos and videos of the scene as evidence, including elements such as debris, property damages from several angles, visible injuries, skid marks from tires, etc. If you were seriously hurt, then it is in your best interest to speak with an attorney so you can seek compensation for your losses.

Before leaving the scene, be sure to get these details from every driver:

  • Their first and last name, as written on their driver’s license or another form of identification
  • The name of their insurance carrier, policy number, and phone number to contact the insurer
  • The vehicle details, such as make, model, year, color, and VIN number
  • An address and the best way to contact each driver (more than one form of contact is preferred)

How do we know who’s fault it is? 

One of the biggest challenges with chain reaction accidents is figuring out who was at-fault. Narrowing down the cause can be difficult, and each driver is likely to not admit they were responsible, as they know how much they could be held liable in damages. Depending on the circumstances, it may be reasonable to assign the first driver who hit the car ahead of them 100% liability in the collision. However, there may be other influencing factors, such as road construction, another car accident nearby, bad weather, drunk driving, distracted driver, or road rage.

How can I pursue compensation for my injuries and damages?

You must report the chain reaction accident to your insurance company the very same day, if possible. Provide them with each driver’s information, evidence, damage to your vehicle, and descriptions of your injuries. Your insurance company will then work to hold the at-fault driver responsible. Based on your level of coverage, your car damage and medical bills may be covered.

While your insurance company is supposed to advocate for your behalf in the claim, they will also be watching out for the company’s best interest and may offer you a settlement that is much too low. If your insurance doesn’t cover all of your losses, then you may need help from a car accident lawyer in Milwaukee, WI in filing a civil lawsuit against the driver responsible for compensation.

Thanks to Hickey & Turim, SC for their insight into car accident claims and “chain reaction” car accidents.

GETTING YOUR LAWYER ON THE PHONE SHOULD BE THE FIRST THING YOU DO AFTER A CAR ACCIDENT

My Family Attorneys on April 19, 2020

A car accident might leave one traumatized and shaken up. Post car accident situation can be highly stressful, you need to call people, check on the driver and passengers of the other car and the worst is when you have to do this while enduring pain of injuries caused due to the accident. The situation will only worsen for you if the other party blames you for the accident. That is why it is absolutely important to call your lawyer first and foremost after the accident. 

Following are the reasons why getting your lawyer on the phone should be the first thing you do after a car accident: 

YOU NEED PROPER LEGAL ADVICE

The stress of a car accident is so much that it might leave you numb and confused. All the chaos tends to lead a person towards hypertension and while all this, you are required to make decisions on what just happened in a very short span of time. However, it is important to remember that these decisions are very important and can affect you in the long term. 

This is where the lawyer steps in, he or she will guide you and give you legal advice on what you should say to the police, what evidence you should collect immediately and how to make it impossible for the other person to blame you for the accident. Your lawyer will be that sane voice in the hour of need who will guide you on how to talk to the insurance company and what to tell them exactly. 

It is important to remember that your lawyer knows how things work in your country/city and what to do exactly in this situation. If you are injured then the lawyers can handle everything for you while you take care of yourself and rest up. 

THE LAWYER WANTS WHAT IS BEST IN YOUR INTEREST

It is important to remember that the lawyer wants what is best in your interest. On the other hand, we cannot guarantee you the same about your insurance company. When you want to claim your car accident insurance, they might offer you a settlement lower than what you actually deserve, they might be doing so only for the sake of maintaining their profits. In this case your lawyer will ensure that you get exactly what you deserve. The job of your lawyer is to protect your rights and to work in YOUR favor. So, if the insurance company is offering you a low settlement, or the police reports are suspicious, your lawyer will be able to pin point it and handle the situation himself. 

SPEED UP THE SETTLEMENT

After a car accident, a lot of things need to be done, car repair expenses, medical expenses if there are injuries or even arrangements for the funeral if the accident was this severe. For all this you need financial settlement and the lawyer will help you in this process and get it done quicker and faster. 

That is why it is important to call your car accident lawyer in Kansas City, MO first thing after the accident because you need all the legal advice you can get in order to make wise and sound decisions. 

Thanks to Royce Injury Attorneys, LLC for their insight into personal injury claims and car accident injuries.

Black Box Warnings and Medication Errors

My Family Attorneys on April 19, 2020

A medical malpractice lawyer will frequently investigate cases involving severe personal injury or wrongful death resulting from a medication error.  Medication errors include mislabeled prescriptions, wrong prescriptions, wrong dose, overdose, misfilled prescriptions, and wrong medication.  In addition, serious injury can occur from side effects of medications.  Almost every drug carries side effects that can result in serious harm.  Drug manufacturers prepare a package insert that includes key information about the drug, including side effects, uses, dosage limits, contraindications and drug interactions.  Some package inserts include a black box warning which is meant to alert pharmacists and doctors about life threatening risks of a particular medication.

Lawyers who sue drug manufacturers over dangerous drugs recognize that black box warnings are not intended for patients, but are meant to drive profits higher for the pharmaceutical industry.  Prescription bottles do not carry black box warnings or symbols alerting patients to hazards associated with the medication.  Likewise, pills are not color coded in any way to alert patients about their dangers.  Instead, the black box warning is included on the package insert so that pharmaceutical companies can claim that they have warned about dangers associated with the medication and wash their hands of any accountability for harm caused by the medication.  Pharmaceutical companies point the finger at physicians who, as learned intermediaries, fail to warn the patient or prescribe different medicines that will not result in serious harm or a medication-related fatality.  

Generally, drug makers do not like to include black box warnings on the package inserts because they discourage physicians from prescribing that medication.  However, litigation costs associated with dangerous drugs can drive manufacturers to post black box warnings.  You will often read that a particular drug manufacturer’s stock price will rise when they resolve litigation arising out of a dangerous drug.  Investors seek stability in their investments.  When a major class action lawsuit is settled, and a black box warning issued, no further lawsuits will arise out of that dangerous medication because a warning has been issued.  At no time is the patient’s safety taken into consideration.  It is all about profits.

Since the black box warnings shift the burden to physicians to warn their patients about dangers associated with a medication, a medical malpractice lawyer will focus on the doctor’s negligence or a pharmacist’s negligence when a patient is seriously injured by, or dies as a result of, a particular medication.  Pharmacy liability can arise from failure to warn patients about dangerous prescription interactions or dangerous doses.  

The battle over black box warnings can be seen on the website for groups like Parents United for Pharmaceutical Safety and Accountability.  This group exists because even children are targeted by pharmaceutical companies seeking to maximize their profits through the sale of unsafe drugs.  

If you have questions about a pharmacy error or other medication error, contact an experienced medical negligence lawyer in Cleveland, OH.   

Thanks to Mishkind & Kulwicki Law Co. for their insight into medical malpractice claims and warning labels.

What are common allowable tax credits and deductions for individuals and businesses?

My Family Attorneys on April 12, 2020

Individuals or married couples can be eligible for diverse tax credits, including:

  • Child and Dependent Care Credit. Congress created this credit to help people struggling with expenses related to caring for dependents. The child and dependent care credit doubled from 2017 to 2018.
  • Lifetime Learning Credit. The purpose of this credit is to use tax relief to encourage education. Qualifying students can get credits worth up to $2,000 to pursue undergraduate degrees, advanced degrees, and some non-formal degrees.
  • Mortgage Interest, Homeowners can deduct their mortgage interest for both their primary home and any home equity lines (up to $1,000,000 for single individuals and $500,000 for married individuals filing separately), if those lines are used to improve the home. The amount you can deduct depends on your income bracket.
  • Medical Expenses. People can only deduct medical expenses when these costs are over 7.5% of their adjusted gross income.
  • IRA Deductions. Individual Retirement Arrangements, call IRAs, allow people to put aside money for retirement. Depending on the situation, contributors may be able to deduct some of all of those funds.

This list obviously just scratches the surface. Speak with an experienced accountant or tax attorney to learn which deductions you qualify to get.

Businesses and corporations an also qualify for many tax credits, including:

  • Work Opportunity Expense Credits. The government offers these credits to businesses that hire staff who have traditionally faced barriers to job security (e.g. veterans). These credits are calculated in accordance with the wages paid to staff and they can add up to $4,500 in savings annually.
  • Rehabilitation, Energy and Reforestation Credits. Companies making investments in reforestation and alternative energy procedures can qualify for a tax credit for 10% of expenses. This is typically limited to $10,000 annually.
  • Small Business Healthcare Credit. If your small business employs fewer than 25 full-time employees and pays at least half of their health insurance premiums, then you may be able to use this deduction.
  • Retirement Plan Startup Credit. Small businesses that establish retirement plans may be eligible for a credit if they don’t have more than 100 employees and haven’t had a qualified retirement plan during the three years previous to the new plan.
  • Disability Access Credit. Per the Americans with Disabilities Act (ADA), all businesses must be accessible to people with disabilities. If your business has made accommodations for the disabled, the costs of those additions may be deductible.

Depending on your business’s size and industry, there may be further deductions. Discuss the details with a qualified tax law attorney to clarify what you can claim.

If you have questions about estate planning and taxes, call an estate planning attorney, like an Estate Planning Lawyer Belgrade, MT, today.

Thank you to Joel Silverman, Attorney and Author, and the experts at Silverman Law Office, PLLC, for their insight and expertise in estate planning and tax implications.

Will Tips: What You Shouldn’t Include

My Family Attorneys on April 9, 2020

The first step to a solid estate plan is to create your living will. This is the document that informs your loved ones what your wishes are regarding your property, assets and more. When you don’t have a will, then there will be a lot of questions about what to do with your property after you die. In many cases, it will be up to the court to decide what your wishes were. Now, when drafting a will, it might be tempting to add everything. The truth is that there are types of property that you should not include when you make your will.

Trust Property

Often, people will use trusts to avoid probate altogether. Wills, on the other hand, do not avoid probate. If you have a trust for some of your property, then you can leave those assets in the trust. Do not include them in your will because those assets are already being managed by the trustee and will automatically go to your beneficiaries if something were to happen to you.

Life insurance Proceeds

A lot of life insurance proceeds already have a beneficiary. For instance, if your proceeds go straight to your spouse or to your children, then you do not need to put them into the will. These already have a plan and will go straight to the loved ones who are your beneficiaries.

Joint Tenancy Property

Joint tenancy property goes straight to the joint tenant if you were to die. Hence, if something happens to you, then your share of the property goes to that person. It doesn’t matter what your will says about that specific property, it would go to the joint tenant.

Retirement Plan Proceeds

Retirement plan proceeds and any money from pensions or 401(k)s do not need to be included in your will. There is an area in your retirement plan to list who your beneficiary is. If you have a beneficiary listed, then there is no reason to include it.

It can be tempting to add everything to your will to be careful. The truth is, however, that you do not have to add everything to your will. There is some property that is already taken care of. As you draft your checklist of what to include in your will, it may help to speak with a top estate planning lawyer in Folsom, CA. He or she can guide you through the process and make sure that you include the necessary assets. For more information, set up a consultation with a lawyer.

Thanks to Yee Law Group for their insight into estate planning and tips for wills.

TRUCK RULES AND REGULATIONS FOR PROPERLY SECURING TRANSPORT CARGO AND ACCIDENTS

My Family Attorneys on April 7, 2020

Imagine that you’re driving down the road and an unsecured object flies out of the back of a cargo truck in front of you. It can be an absolutely terrifying experience. Truck drivers are supposed to follow specific rules and regulations for properly securing transport cargo, because if they don’t, serious injury and damage can occur.

Cargo Load Accidents

If you’ve ever stood next to a semi-truck, you know just how big they are. The average truck stands 13 feet high with an average weight of 80,000 lbs. When cargo loads are added, they weigh even more. 

These trucks already have a high center of gravity, so if they are not loaded or secured properly, the cargo could shift causing the truck jackknife or rollover. If truck loses control, or an unsecured load spills out of the truck, it can cause high speed obstacles to litter the road. These sorts of incidents can cause chaos and often result in serious injury and death.

Federal Motor Carrier Safety Administration 

The Federal Motor Carrier Safety Administration (FMCSA), under the United States department of Transportation, is responsible for regulating and providing safety oversight of commercial motor vehicles. Anybody who operates a Commercial Motor Vehicle (CMV) in interstate commerce must comply. 

The FMSCA publishes their rules and regulations on cargo securement in a handbook that is easily accessible on their website.  The handbook provides truck drivers with the basic fundamentals and requirements of cargo securement. In addition, it provides detailed information on how to secure the most common types of cargo, including:

• Tree logs & packaged lumber

• Coils of rolled sheet metal

• Concrete Pipe

• Shipping & storage containers

• Automobiles, light trucks, & vans

• Flattened or crushed vehicles

• Heavy vehicles, equipment, & machinery

• Large Boulders

In general, the handbook states that no matter the type of cargo, it must be secured so that it does not:

• Leak

• Spill

• Blow off

• Fall off

• Fall through

• Dislodge

• Shift to the extent that it affects the truck’s stability

What Happens if there is an Accident?

Despite the FMSCA’s best efforts, cargo load accidents do happen. Cargo-spill and cargo-shift accident claims can quickly become complicated and often require independent investigation to determine the actual cause. Trucking companies often argue that the cargo shifted as a result of the accident.

If you or a loved one have been injured by a large truck and/or unsecured cargo, make sure to hire an attorney. You might be entitled to carry out legal action against the driver or truck company. Insurance companies have teams of experienced adjusters, investigators, and lawyers trying to settle your case for as little money as possible.

Boating Personal Injury Claims

My Family Attorneys on April 7, 2020

We have all heard the phrase “with great risks comes great reward”, in this case with great reward comes great risk. Being out on the open water is such a fun activity that very few people are able to enjoy, but so many people love. The fun and excitement that comes with boat riding also introduces danger and potential harm to those that love the sports and activities. The risks are sometimes even more dangerous that those of airplanes and usual motor vehicle travel. Boating accidents are very common on the water and can lead to great injury and sometimes death. Boating is usually seen as fun and recreational activities, so it is very easy to let your hair down and be carefree. However, this freedom can put your safety at risk and harm you or your loved one. This is as the captain, or a passenger. Fortunately, there are laws in place to protect injured individuals even in boating accidents, and it is good to educate yourself on what your legal options are.

Much like any other accident, boating accident injuries can influence several medical bills once medical treatment is sought out. These injuries can create a domino effect in financial burdens, as well as emotional and mental burdens. These new burdens can weigh heavily on the household of an injured party, therefore it is important to speak with a skilled personal injury attorney about seeking compensation for any damages caused due to a boating accident.

There are several factors that made lead to boating accidents on the water, once you are aware of what they are it is easier (not fully ensured) to avoid them. By knowing what caused the accident you can narrow down who the at-fault party is and who to pursue in the event of a personal injury claim. Common elements that lead to boating accidents or injuries include:

  • Speeding over waves
  • Terrible or poor weather conditions
  • Speeding in general
  • Improper equipment or a lack of proper equipment
  • Crashing into other objects
  • Disregarding boating regulations
  • Overloading the boat

Much like any other accident, these situations can be avoided if everything is handled properly. Unfortunately, this is not always the case and harm, or injury is caused. Should you or someone you know be a victim of a boating injury due to the negligence of another involved party, be sure to speak with a personal injury lawyer in Atlanta, GA as soon as possible.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and boating accidents.

Laws That Force Trucker Safety

My Family Attorneys on April 2, 2020

The truck-driving industry is one of the most resilient and lucrative in today’s economy. The reasons for this include the constant demand by consumers for goods that must be transported from the port to the retail center.

Truck driving accidents, however, are some of the most devastating. When a tractor-trailer collides with a car, the results are often fatal. The size and weight of the trucks, combined with the cumbersome way in which they traverse the roads, makes them a force to stay away from on the roadways. The government at the federal and state level have passed rules and regulations to help keep truck drivers safe on the road. Explore some of the ways these rules try to keep everyone behind the wheel safe from a catastrophic crash.

Special Licensing Requirements 

Not just anyone can operate a big rig. To ensure that this is not the case, the government has made a special license a prerequisite for driving a semi. A CDL or commercial driver’s license requires a unique course of study, complete with a road test to make sure that the applicant is prepared to handle the demands a semi-truck presents. A trucking company that knowingly employs a trucker who does not possess a CDL is liable for fines and any accidents the driver causes.

Alcohol and Drug Use 

A trucker who is found to be operating with any measure of alcohol in their system is immediately suspended. When a police officer pulls a trucker over and administers a breathalyzer, it must register at .00, or the CDL is confiscated. Employers must also perform routine and random drug and alcohol testing of its drivers so that there is no question as to their sobriety.

Hours of Service

One of the most contested regulations on the books dictates how many hours a driver may be actively working before taking a mandatory break. These laws have been on the books for decades, and have been credited with reducing the instances of driver fatigue. However, through the years, drivers have figured out how to circumvent the requirements of their company by falsifying records to make it appear like they took the mandatory rest time when the law warrants it. In recent years, technology has made this workaround much more complicated since computers in trucks record this information and send it to the companies. Drivers have been rallying to have some of the laws relaxed, saying that they are the cause of drivers engaging in riskier behavior.

To find out more about the trucking rules and regulations in your state, consult a truck accident lawyer in Indianapolis, IN, like from Ward & Ward Law Firm.