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Personal Injury Attorney

Take The Breathalyzer Test Or Not? Which Is Better For You?

Posted by on 10:28 am in Uncategorized | Comments Off on Take The Breathalyzer Test Or Not? Which Is Better For You?

If you are ever stopped by a police officer and asked to submit to a field breathalyzer test, you have the right to refuse. You can also refuse to take a field sobriety test. However, there are pros and cons to refusing to abide with the officer’s request. Knowing the following information can help you decide the best course of action if you are ever stopped by a law enforcement officer after you have had a few drinks. Refusing the Breathalyzer Until you have been arrested or there is a warrant issued, you do not have to submit to a field breathalyzer test. Unfortunately, refusing the test will usually result in your license being suspended. Driving on public roads is a privilege, not a right. Any time you are using that privilege you are giving the state implied consent to test your ability to drive safely. In addition, not taking the test looks like you have something to hide. However, by not taking the test in the field, your DUI lawyer can argue there was no valid grounds for an arrest. The officer may say that you appeared to be intoxicated, but without proof, the court will have a hard time proving it. If your last drink was not right before you were pulled over, your blood alcohol level will decrease over time. This means any mandatory test you are given after being taken into the station or after a warrant has been issued, will give a lower result. Hopefully, this lower result will not be high enough to justify keeping you any longer. Taking the Breathalyzer Test in the Field If you know that you will fail the test, or if your last drink was close to the time you were pulled over, taking the test will provide the officer with a reason to arrest you. You will need to have someone post bail to get you released from jail. If, on the other hand, you are positive you will not fail the test, taking it will allow you to continue on your way and will not result in a license suspension. However, even if you do fail the test in the field, your DUI attorney can usually find a way to cast suspicion on the results. Your attorney may be able to show that the machine was not calibrated recently, increasing the odds that the reading was wrong. If the officer did not observe you for 20 minutes before giving you the test, your lawyer can say you did something that increased the reading, such as burping. In addition, if the officer did not observe you, it is hard to prove you were doing anything that warranted giving the test. It can be a tough decision to take or refuse an in-field breathalyzer test. When it comes down to it, cooperating with the police will look better in court. If the test proved you deserve a DUI, let an experienced attorney find a way to interpret the results for your best defense.  For more information, contact a firm like Winstein, Kavensky & Cunningham,...

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3 Ways An Auto Accident Attorney Can Help You During The Settlement Process

Posted by on 1:58 pm in Uncategorized | Comments Off on 3 Ways An Auto Accident Attorney Can Help You During The Settlement Process

After an auto accident, your main concern may be getting your compensation as soon as possible. Settling with the at-fault driver’s insurance company is usually the easiest way to do this, though it will take time and effort. Below are three ways an auto accident attorney can help you through the settlement process and how you’ll benefit from their services. Collect the Information Needed Settling an auto accident case isn’t as easy as requesting compensation. Instead, the collection of necessary information (witness statements, police reports, medical records, etc.) can take months of hard work and persistence. When you work with an auto accident attorney, you have their years of expertise on your side. Choosing an attorney who knows the ins and outs of the process will save you money, time, and lots of mental anguish. This information will be vital when it comes to the next part of the settlement process, which is compensation negotiation. Negotiate on Your Behalf When you’re dealing with the consequences of a car accident your attorney will stand as an advocate by your side and ensure you get the compensation you deserve. Negotiating with an insurance agency or individual can be exhausting. Of course the at-fault driver’s insurance company wants to pay out as little as possible which is why a professional and knowledgeable advocate is a must. They will negotiate on your behalf for payment of your medical bills, damages, lost wages, and pain and suffering. Provide Legal Advice When it seems that everyone is against you your auto accident attorney will be on your side and offering you the best legal advice for your situation. This advice comes from years of experience and will benefit you tremendously.   Having been through this process before, your attorney will help you to avoid the pitfalls of too-early settling, such as receiving much less for your case than you would’ve gotten in court. Your attorney will help you to look towards future issues, such as future medical costs, lost wages, and other issues directly related to the auto accident. Once a settlement is closed you can no longer pursue compensation. Hence why receiving the best settlement upfront is vital. To learn more about the possibility of settling your auto accident case, consult with your auto accident attorney. Their knowledge, experience, and advice will guide you on your journey and ensure you get the compensation you deserve. If you’re looking for an auto accident attorney, visit Carl L. Britt,...

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Should You Sue Or Settle Your Auto Accident Personal Injury Claim?

Posted by on 10:42 am in Uncategorized | Comments Off on Should You Sue Or Settle Your Auto Accident Personal Injury Claim?

You may have visions of needing to go to court to settle your auto accident personal injury claim, but there is a chance that you will be able to settle your claim with the other party outside of court. There are different advantages to suing and settling that you must understand before you make a decision about what you want to do. Settlement Less Risk A main reason that many people decide to settle outside of court is that they are afraid of what a jury will decide. There is always a chance that the jury will side with the other party and that you will walk away with nothing. A settlement guarantees you will receive the agreed upon amount, and if a settlement is not reached, a lawsuit is always an option. Quick Payment And Fewer Fees A settlement will also result in receiving your compensation quickly, since you will not need to go through the lengthy trial process to receive it. Not having a trial means that you will not need to pay attorney fees over the length of a trial. You’ll also not need to take time off of work to attend court proceedings, which means more money back in your pocket. Ease of a Demand Letter Most settlements outside of court are as easy as writing a demand letter that the other party responds to. They may respond by giving you exactly what you wanted without any fuss. Suing Receive Due Compensation If the other party responds to your demand letter by not offering enough compensation, you can take them to court for the full amount you feel that you deserve. It could result in a much bigger settlement if you win. Court may be a necessity if the other party never responded to your demand letter, and settling outside of court was not even an option. The Ability To Still Settle Taking your case to court does not mean that a settlement is completely off the table. If at any time you and the other party agree on a settlement amount, you can skip the remaining court proceedings. Righting An Injustice The appeal of going to court could be from your desire to make sure the other party gets what they deserve. Having a judge or a jury rule in your favor could also provide you with an emotional victory as well as a monetary victory. Proving that you were right can sometimes be just as important as receiving compensation. Always consult a personal injury lawyer about the decision that you want to make. They can advise you on the option that is best based on the specifics relating to your...

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Custody Agreement: Certain Items That Need To Be In Writing

Posted by on 1:29 pm in Uncategorized | Comments Off on Custody Agreement: Certain Items That Need To Be In Writing

Getting a divorce is stressful enough, but when you add in custody of minor children, you then encounter several additional challenges. The idea is to make sure your custody agreement is in the best interest of your children. To do this, a few aspects need to be included in your custody papers. Create a Thorough Visitation Schedule The first aspect to get clear is the visitation schedule. When one parent has physical custody, also known as custodial custody, you need to determine the visitation schedule for the other parents. Even if you both get along, it can be tempting to have a verbal agreement about visitation rights. However, the moment someone gets angry, he or she may decide the other parent cannot have access to the children. To help prevent this from happening, you need the custody arrangement in writing. This helps maintain a balance and your children can get used to a new routine. With that said, you need a separate portion of your custody agreement dedicated to holidays and birthdays. Many custodial parents feel that they should have the children during these times. While it may be practical to handle holidays this way, especially if one parent lives out of state, you still need a plan that allows the other parent access to them on these dates. Some parents choose to alternate holidays every year to keep it fair or plan holidays were everyone is at one location. Determine Childcare Responsibilities The next aspect that needs to be in your custody agreement is the childcare methods both parents will be using. Unless you have teenagers, you will need someone to watch your children when you cannot be with them. It is important to remember that in some states, there are laws for how old a child can be when left alone at home. If your state has a specific age, you need to make sure you have babysitters for children under these ages. In this portion, you also want to determine which caregivers are acceptable such as daycare facilities, family members or professional nannies. This one aspect can help parents talk about childcare options they are uncomfortable with the other person using. Consider Medical and Dental Payments Another thing to consider is which parent is responsible for medical and dental payments. In some states, the courts may assign a parent as being responsible, especially if they already have insurance. You also have the option of splitting the cost between you, but you will need this in writing, so that one parent does not try to avoid paying for the services your children need. To help make sure your custody agreement is practical and reasonable, you will need a family attorney to help you. An experienced family lawyer will be able to create and file your new custody papers with the courts during your divorce...

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Applying For A Fiance Visa? 3 Steps You Need To Take Now To Prove You Have A Real Relationship

Posted by on 7:36 am in Uncategorized | Comments Off on Applying For A Fiance Visa? 3 Steps You Need To Take Now To Prove You Have A Real Relationship

If you intend to marry someone who is from another country and have them come live with you in the United States, you have to apply for a Fiance Visa. However, simply applying for a visa doesn’t mean that you will live happily ever after in the same country. As part of the application process, you have to prove that you have a true and genuine relationship and that you have strong ties to each other. If you can’t prove it, your visa may be denied, which means your fiance will not be able to enter the country until you file an appeal and it is granted.  To avoid problems in the application process, it’s important that you can clearly document and prove your relationship. Unfortunately, many people get rid of evidence, thinking that it’s not important. Following are three steps you need to take now so you can prove you have a real relationship when the time comes. Save All Correspondence Save all written correspondence, or a good portion of it, that occurs between yourself and your fiance. If you communicate mostly online, be sure to save emails that cover a broad range of time. While you don’t have to save all emails, it’s a good idea to have several from different days, months and years, depending on how long you’ve been in a relationship. If you chat mostly through instant messaging or on video chat, be sure to take screen shots of your correspondence. Many instant messaging applications allow you to save all conversations, but you have to have it set to do so.  Keep Adequate Phone Records If you call your fiance using a prepaid phone, it might be difficult to get phone records. To circumvent this problem, think about getting a land line or cell phone so you can get a monthly statement of all the calls you’ve made to each other.  Take Plenty of Pictures In order to get a visa, you must have met your fiance in person. This is best proved with pictures. In fact, pictures of the two of you together are required. Take as many photos together as time allows while you’re together. If you attend multiple functions together, take pictures at each of them. Avoid taking all the pictures you’re going to use on the same day. You want to establish that you spend time together.  When you apply for a visa, you will have to prove that you are in a real relationship. Anything that you save to show officials that you are truly together will be of great benefit to you. If you have specific questions relating to immigration, make sure to contact a lawyer with a firm like David Borts Law...

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Divorcing A Manipulative/Controlling Spouse

Posted by on 8:35 am in Uncategorized | Comments Off on Divorcing A Manipulative/Controlling Spouse

If you have been raised to believe in the innate goodness of people, it can take a long time to realize that your mate is narcissistic, manipulative, and/or emotionally abusive. When you realize your relationship is not going to improve no matter what you do, this can prompt you to want to get away as soon as possible.  However, if you want a good outcome for yourself (and your children), you need to strategize first. What You Need to Understand Even though you are beginning to cut through denial you have built up over the course of your marriage, you may not be prepared for what can happen when your mate realizes you are going to leave. Once the motivation to “play nice” has been removed, you are going to be in for a tough fight. People who display traits of personality disorders, such as narcissism, also have strong feelings of entitlement and are often guilty of projecting their own behavior on their mates. They may see themselves as the victims, no matter what they do to you. You can expect them to try things like: Getting people in your social circle to turn on you. Ruining your reputation so they can gain custody of the children and avoid paying child support. Hurting you financially and destroying any sources of material support. Using parental alienation tactics to get your children to turn on you. Thwarting your attempts to get a fair share of marital assets. Using veiled or overt threats of violence. Stalking you. You have to realize your safety may be at risk, even if up until now their behaviors have been primarily non-violent. Regaining control of you by violence or sexual assault. How You Need to Prepare You need to go into stealth mode and delay announcing your plans to leave until you can get certain things into place. Duplicitous behavior may go against your nature, but you have to keep in mind that you are doing this for a short period of time for you and your children’s future security. Make a plan that will coordinate certain actions to occur simultaneously when you are ready to initiate divorce proceedings. Here are some practical things you can do: Gather detailed information on your joint financial situation, make copies of important documents, and consult an attorney. Gather IDs, birth certificates and other documentation of yourself and your children, and put them in a safe place you will have access to later. Save as much money as you can, and hide [it] in a place only accessible to you. Talk to a social worker about finding ways to obtain financial assistance for necessities in case your spouse cuts off access to bank accounts and credit. Develop a support system with trustworthy family members and friends, but share information about your plans sparingly and only as needed for specific parts of your plan. Update your job skills, or get more training if needed. Your state employment agency or community action program may have special programs for “displaced homemakers” that you can prepare to take advantage of. If you are the main breadwinner, arrange your schedule to take more time with your children and know their schedules, doctors, and other particulars. Consider getting counseling for yourself and your children. Arrange a...

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4 Ways Your Criminal Defense Attorney Can Help You

Posted by on 2:34 pm in Uncategorized | Comments Off on 4 Ways Your Criminal Defense Attorney Can Help You

If you’ve been charged with breaking the law, you may need to hire a criminal defense attorney. This will be the best way for you to handle any charges that have been made against you. Knowing the many ways, this special type of an attorney can assist you may motivate you to hire this individual sooner rather than later. Advise you when to speak It’s not always in your best interest to represent yourself, and this is even more the case when you’ve been convicted of a serious crime. By having an attorney that is familiar with the law, this person can advise you on when to speak to legal authorities and when to avoid it. You may also be told what you should say and the amount of information you should give about your case to others. Know the Court System Your criminal defense attorney should know the local legal authorities within your jurisdiction. By being aware of the different personalities of the various judges, this could help your case. This could assist in helping you get any charges against you decreased, as well in the possibility of getting any fines reduced. Know the Appropriate Filings The key to having success when it comes to any charges that have been filed against you is to know what legally must be done and when. This means being aware of any motions that must be put before the court and the timeframe these must be completed. The attorney will be aware of the necessary deadlines when a response must be filed and how you should respond to it, as well. Negotiate a Plea Bargain It’s common when it comes to a criminal defense case for the attorney to work towards a plea bargain. This process may involve you agreeing to admit to wrongdoing in order to get a reduction in any charges you are found guilty of doing. For instance, this could decrease any fines that you must pay or if you are sentenced to jail time, the amount of time that must actually be served. It’s critical to your case to have the right amount of legal guidance if you’re faced with a conviction of this magnitude. The key to being able to reduce the negative effects of being charged with criminal activity may depend on the right amount of legal advice. Be sure to consult with a criminal attorney who can guide you through this process with...

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What To Do Legally If You Are Bit By A Dog

Posted by on 1:05 pm in Uncategorized | 0 comments

If you sustained injuries from a neighbor’s dog, fighting to have medical compensation paid is ideal if you believe your neighbor was aware that their dog was a risk to others. Some states have dog bite laws in place to help victims when they are bit by a dog, but in other states you need to do some research to prove that the owner is to blame for your injury. Here are some tips to use when fighting against a neighbor for medical compensation due to a bite you sustained from their pet. Follow Medical Orders As soon as you are bit, call for an ambulance to come to your aid. Make sure to follow all orders the doctors at the hospital give and take any medications prescribed so you will heal properly. If you fail to follow instructions, it will appear as if you were not as hurt as you claim. This can ruin your chances in receiving compensation. File A Claim A dog bite is usually covered by homeowner’s insurance. The neighbor’s insurance adjuster will come to your home to ask you questions about the incident. They will decide if you will receive any benefits as a result of the bite. If the insurance policy denies benefits, contact a personal injury lawyer right away to help you receive the monetary reimbursement you deserve. Document Proof In order to receive benefits after being bit, proof that the owner of the dog was aware of their demeanor is necessary. If your neighbor was unaware that their dog was violent, getting compensation is difficult. Some of the points that can help your case include: Noticing the dog was muzzled at certain times Placement of a “beware of dog” sign on your neighbor’s property Your neighbor warned people about the dog being aggressive The dog fought with other dogs or animals in the neighborhood Other neighbors have made complaints to the owner or to the police about the dog The dog is of a known vicious breed, such as a pit bull or doberman pinscher Gather witnesses from around your neighborhood to help you prove that the dog was dangerous. Have neighbors write statements to give to your lawyer and ask if they would be willing to come to court on your behalf, if necessary. Take pictures of the neighbor’s property if there are chains, fences, or signs present that show they were aware of their dog’s demeanor. To learn more, contact a professional like Whiting, Hagg, Hagg, Dorsey &...

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Five Signs That Should Show You That The Adjuster Is Acting In Bad Faith

Posted by on 1:59 pm in Uncategorized | 0 comments

A bad faith claim negotiation or denial occurs when the insurer doesn’t want to settle your claim for no apparent reason. Here are a few signs that will tell you that your insurer is acting in bad faith: Using Improper Medical Term for the Denial You should suspect a bad faith negotiation process if your insurer resorts to using medical terms, which you know are wrong, to deny your claim. For example, an adjuster may claim that your injury is congenital, meaning you have had it from birth. If both of you know that is not the case, then you are dealing with a bad faith negotiator. Refusing to Investigate Your Claim Every claim needs to be investigated, whether it is small or big. Even if you will be eventually denied, the denial should come after an investigation. The investigation may be short or long, but it must be there. Therefore, if the adjuster doesn’t want to listen to you, and dismisses your demands without even a cursory investigation, then he or she is acting in bad faith. Lying to You About the Statute of Limitations This is an underhand tactic that an adjuster may use if he or she wants you to accept the offer he or she is making, and do it fast. For example, he or she may tell you that you only have a year within which to file your claim. If it turns out that the statute of limitations (for your injury) is two years, then you have a bad faith claim on your hand. Not Giving You a Clear Reason for the Denial If you suspect that the insurance company is involved in delaying tactics, then you should ask the adjuster to confirm that the prevailing offer is the last one. If there is an offer, then he or she should give you a clear, written reason for the denial. If your claim is denied, and there is no written reason forthcoming, then you probably have a bad faith negotiation on your hands. Failing to Keep a Promised Payment  An adjuster, as long as he or she is legitimate, is an official representative of your insurance company. Therefore, if he or she promises you that your claim will be paid, then you are supposed to get. Therefore, if you had such a promise, and the pay is not forthcoming, then you should suspect a bad faith negotiator. If you are convinced that an insurer is acting in bad faith, then you need to report it to the state’s department of insurance. If the issue isn’t resolved amicably, then you may even have to instigate a bad faith claim lawsuit against the insurance company. That would be a complicated lawsuit that needs the attention of a professional lawyer such as Geoffrey S. Gulinson & Associates...

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Injured Rear-End Collision Victim: How A Lawyer Can Help You

Posted by on 1:59 pm in Uncategorized | 0 comments

Did a speeding driver hit the rear of your car while you were stopped at a streetlight? If your injury has caused you financial distress because you have to get treated on a regular basis, you may want to think about hiring a lawyer. Find out below how a personal injury lawyer can help you get through your traumatic situation without struggling to pay your medical bills. How Can a Lawyer Assist an Injured Victim of a Rear-End Collision? A lawyer will begin building your case against the other party by first gathering enough evidence to prove that you were not in the wrong, even if the accident report already details it. The reason additional evidence will be obtained is because the other party will have the right to contest the accident report if he or she desires to do so. You can expect your lawyer to visit the collision scene and speak to nearby business owners in case they witnessed your vehicle getting hit. Evidence that you are getting treated for an injury that happened from the accident will also be obtained. Your lawyer will need medical records that detail the date of your initial treatment, what you are getting treated for and how long you are expected to be treated. The medical records are vital because they will act as evidence to validate the amount of money you are asking for in the lawsuit. You can get money for medical bills that are paid and unpaid, as well as any medical expenses that may occur after the trial is over. A few of the other things you can get compensated for include: Mental health Pain & suffering Money loss from work Replacing or repairing your vehicle Handicap accessible gear for your home What Does a Personal Injury Lawyer Charge by the Hour? It is not common for personal injury lawyers to charge by the hour when assisting an injured car accident victim. You will likely pay for legal services based on how much money is won in court, which is known as paying a contingency fee. The lawyer will basically charge you a varied rate that can average up to 40% of what you are compensated. When you are the victim in an accident, you can get treated without accumulating medical bills that you can’t afford. All you have to do is consult with a personal injury lawyer, like Bishop Dorfman Lazaroff & Meehan PC, so he or she can build and argue your case so you can get...

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