Navigation Menu+

Do You Qualify for Social Security Disability?

Bought A Lemon Car And It Almost Killed You? What To Do Next

Posted by on 11:45 am in Uncategorized | Comments Off on Bought A Lemon Car And It Almost Killed You? What To Do Next

Most car dealerships try to keep business on the up and up, but there are always a few out there that make you question the integrity of all car dealerships. These dealerships sell pre-owned vehicles, often without an inspection or certification of safety, despite what the sticker label says. If you unwittingly bought a car from these cheats and that car was a lemon that almost killed you, here is what you can do next (legally speaking). Sue the Dealer That Sold You the Car First and foremost, sue the dealer that sold you the car. Your injuries are a direct result of an accident from buying a car from scoundrels. You can show any number of texts, repair bills, emails, and other documentation to show that after you took ownership of the vehicle, it rapidly declined and became a money pit. Make sure you show this documentation to your personal injury lawyer so that he/she can build your case around it. Sue the Dealership Since the owner of the dealership and the head of sales person are both responsible for conducting thorough examinations of vehicles before placing them on the lot for sale, sue them too. Had they actually done what they were supposed to, you would not have been injured in an accident where parts of the vehicle failed. As long as they did not sell you the car “as is,” they are responsible for clearing the car as a road-safe vehicle and clearing it to be a sale-ready vehicle. Back-Track to the Previous Owner The DOT usually keeps very good records regarding vehicle ownership. If possible, ask them for the previous owner’s contact information. If you cannot get this information personally, ask your lawyer to get it. Your lawyer can use his/her pull and various court documents to extract that information. Then the two of you can track down the previous owner and ask him/her about the vehicle’s known problems at the time that the previous owner either sold it to the dealership or traded it in for a new car. If the previous owner says that he/she was aware of issues with the vehicle and that he/she made the dealership aware of the same issues, then you have another witness for your case. This previous owner can prove that the vehicle had problems and that the dealership clearly did not fix them. Since it is not the previous owner’s fault, however, do not sue him/her for your near-fatal injuries. For more information, contact local professionals like Erickson Law...

read more

5 Ways To Help Ensure You Receive Disability Payments

Posted by on 1:17 pm in Uncategorized | Comments Off on 5 Ways To Help Ensure You Receive Disability Payments

Being unable to work can be a difficult situation to have to handle. However, millions of people suffer from severe sickness or injuries that result in disability. The key to being capable of financially surviving this time in life may rest in filing a disability claim. There are certain things you can do that may increase your chances of success during this process. Get the support of a physician The most efficient method for being able to receive disability is to have a medical provider vouch for your health condition. This means you will need to see this doctor during the various stages of your sickness to confirm that you are indeed disabled and unable to do any type of work. Authorize your medical records You will need to sign a form that will allow your medical history to be viewed by the officials in charge of granting disability. This can be obtained from your doctor, and typically all you will need to do is to sign and date the form. Check the status of your claim It may take some time for any decision to be made when it comes to your case. This makes it crucial to be proactive and keep tabs on your disability claim as much as possible.  Looking into the status of your filing may enable you to get better results in the long run. Keep deadlines You will want to be certain to respond to any letters or questions you may receive in the mail regarding your case. Many of these may have a deadline that you will need to adhere to in order to receive your disability payments and have success with your claim. Provide factual information Finally, you will want to do is to keep all of your information accurate and avoid telling any untruths. Additionally, you will want to be certain to provide accurate personal information and your physical address when completing any paperwork regarding your case. Be sure to list the address you want to have any checks delivered to for ease. The benefits of receiving disability include being able to have the peace of mind that accompanies keeping your bills paid when you’re unable to work. However, having success may be a long and challenging process. Be sure to talk to an attorney like Bruce K Billman who specializes in this area if you need additional advice on getting the payment you...

read more

Selling Your Home? 4 Situations Where You Definitely Need A Real Estate Attorney

Posted by on 11:23 am in Uncategorized | Comments Off on Selling Your Home? 4 Situations Where You Definitely Need A Real Estate Attorney

While you always want an attorney to look over each and every real estate contract you enter into, you usually don’t need one to negotiate for you unless you live in a state that requires you to do so. You can rely on your agent to negotiate the contract. With that said, there are special circumstances that your real estate agent will not be able to handle. What’s more, your agent has a vested interest in you buying the property — they want to get their commission check. You can’t rely on them to give you unbiased legal advice or any legal advice at all. If you’re selling your home and any of the following are true, you will definitely need to hire a real estate attorney. Distressed Property If you have concerns about the condition of the property or if you feel it is distressed, you should hire an attorney. While it’s legal to sell a distressed property, certain things need to be disclosed or you can get sued after the sale. For example, the presence of asbestos or mold may hold legal implications for you if the buyer is not aware of it. Each state has different disclosure regulations, so it’s a good idea to have an attorney make sure that you have everything covered in your contract.  Inherited Property If you are trying to sell a property that you inherited, you need a lawyer to tell you if you’re legally able to sell the property. There may be provisions in your inheritance that forbids you to do so. For example, if you decide not to live on the premises, the inheritance may pass to one of your siblings as specified by your deceased parent. There may be a clause that requires you to pass the property down to your children and so forth.  Unhappy Partner If there is a co-owner to the property and they’re not thrilled about selling, hire an attorney. Things get very tricky in these types of situations, and you want to make sure that you’re not setting yourself up for a lawsuit.  Unpaid Liens Unpaid liens, taxes, and judgments may be attached to your property. If you sell the home, they buyer may have to settle them. If you have any of these things, you should hire a lawyer to make sure the debts do not become your buyer’s problem.  Most of the time, selling real estate is a pretty straightforward process that your agent can handle. However, if you have special circumstances, you always want to have a lawyer on your side to make sure you’re...

read more

What Your Insurance Company Is Going To Want To Know Following A Car Accident

Posted by on 12:01 pm in Uncategorized | Comments Off on What Your Insurance Company Is Going To Want To Know Following A Car Accident

After you have been involved in an auto accident, you are going to need to contact your car insurance company immediately and let them know what happened. When you contact your insurance company, there is specific information that they are going to want to know. Here is a quick overview of what information you need to be prepared to tell them about. #1 The Location Of Your Vehicle The first thing that they may want to know about is the location of your vehicle. They need to know if your vehicle is still at the crash site, sitting in your driveway, or if it was towed away somewhere. This will allow your insurance company to know what steps they need to take next in regards to your vehicle. For example, if your vehicle is located at the crash site, your insurance company may need to send out a tow truck and get it towed to one of their preferred body shops or a safe neutral site while you decide what you want to do with your vehicle. Or if your vehicle was towed by a city-owned tow vehicle and is currently being stored somewhere where you would be incurring daily storage fees, your insurance company could help you tow it to an auto body shop for repair. #2 The Damage To Your Vehicle Second, your insurance company is going to want to know how damaged your vehicle is. They are not expecting you do give a full, detailed analysis. They are just looking to get a general idea of the damage that you saw when you looked at your vehicle. They are going to want to know if you were able to drive your vehicle away from the accident site or if you were not able to drive your vehicle away from the accident. For example, if you were not able to drive your vehicle or if you didn’t feel safe driving your vehicle, your insurance company can help you get a rental vehicle. If you have rental vehicle coverage on your vehicle, your insurance company will pay for the rental. Even if you don’t have rental vehicle coverage on your policy, your insurance company can help you obtain a rental vehicle at a discounted price. #3 Personal Injuries Third, your insurance company is going to want to know if anyone was injured. This is where you are going to want to be careful. Do not tell your insurance company that you are fine if you are still seeking medical treatment. You don’t want to reduce the chance that your insurance company will cover your injuries and medical treatment. Instead, let your insurance company know that you are continuing to seek medical care at this time. You don’t have to provide a lot of details during your first phone conversation post-accident. Finally, you can always ask your attorney to sit in on any phone call that you have with your insurance company to act as a witness to the conversation and to ensure that your interests are protected throughout the conversation. Contact a firm like Law Offices of Burton J. Hass to ensure you are not being taken advantage of, by your insurance company or someone else’s, and so you can seek proper compensation following an accident if...

read more

When Your Business Is Sued: Understanding False Advertising And Customer Compensation

Posted by on 11:16 am in Uncategorized | Comments Off on When Your Business Is Sued: Understanding False Advertising And Customer Compensation

If you find your business on the defensive end of a lawsuit, it’s time to consult with an attorney that can help. Anyone with some time on their hands can file a lawsuit against your company, and this means you may end up in court for any number of reasons. If you have a customer claiming that you advertised a service or product and made false claims, it’s possible that they have a viable lawsuit. The customer will have to prove that they have suffered a financial loss because of the advertising, and not simply be irritated that they thought they got a bargain when they didn’t. Marketing for your business can be tricky, and angry customers can decide to file a lawsuit to address sketchy advertising. When You Stretch the Truth About a Product An easy way to understand false advertising is when you consider a hair loss prevention product. If the product claims that you will once again grow hair on your head after a set amount of days, and no hair grows, you can claim that the advertising was false. While many people realize that the claims made by product manufacturers are often exaggerated, the customer has a potential claim that they can pursue. The problem with a lawsuit is that the customer is only out the cost of the product, a sum that is generally not worth filing a lawsuit over. When the manufacturer offers a full refund if not satisfied, this negates the need to file a false advertising lawsuit. If the Customer Loses Substantial Money In the event you are selling a high-end product and you lie in the advertising, you may be sued by customers because of this. For example, if you sell a $10,000, “authentic, diamond and gold ring”, and the buyer discovers it’s a cubic zirconia, you can be sued for false advertising. It will be worth the legal costs to sue your company for $10,000, and the customer may also be able to get legal fees awarded in the process. The bottom line is there must be a financial loss when it comes to making false claims about your product. This is why it’s important to avoid advertising that can be misleading to consumers. It isn’t against the law to describe a product in grand terms, as long as you offer a refund to customers if they are not satisfied. For more information and advice on how to avoid lawsuits, contact a lawyer at a law firm such as Vandeventer Black...

read more

4 Frustrating Mistakes That Can Cost You Custody Of Your Children

Posted by on 10:43 am in Uncategorized | Comments Off on 4 Frustrating Mistakes That Can Cost You Custody Of Your Children

When you are going through a divorce, the idea of sharing custody with your spouse may make you angry, heartbroken, or a combination of those and other unpleasant emotions. The fight for custody of your kids isn’t going to be easy, either, but you can make things easier on yourself by avoiding these all-too-common mistakes that could cost you big time in the fight for custody of your kids. Mistake #1: Losing It on Your Ex or Your Kids Judges want to see that children are going to be living in safe, healthy environments where their security is never threatened. You must never lose control or lose it on your ex or your kids throughout the entire separation and divorce proceedings. Parents who frequently lose control of their temper will be at a huge disadvantage in the courtroom. If you can’t keep your cool, get into therapy right away. Find a way to control your temper and walk away any time you are tempted to fight with your ex. If you have lost it in front of your children, your ex, or anyone who may be called to testify about you, you have made a huge mistake in the fight for custody. Mistake #2: Not Spending Enough Day-to-Day Time with Your Children The primary daily childcare responsibilities tend to fall on one parent within a household. While both probably pitch in, the greatest day-to-day responsibilities are left to the primary caregiver. This parent does things like feeding and bathing your children in addition to making sure your children brushes their teeth and do their homework, If you are not acting as the primary caregiver, that could go against you in the fight for custody of your children. You need to be able to honestly show the judge that you are very involved in your kids’ lives. Mistake #3: Dating Right Away in Front of the Kids You should refrain from dating until after your divorce is finalized if you have children. If you do feel that you must date, you should not introduce any dates to your children during this time, and you should not openly date in front of them. A judge may want to know about your lifestyle and may ask personal questions to understand your character. Play it safe. Mistake #4: Ignoring the Specific Advice of Your Child Custody Lawyer Your child custody attorney is acting with your best interests in mind, and your lawyer can be your biggest ally in your journey for custody. Follow their advice. If your child custody lawyer says something that you don’t want to follow, talk about it. Find out why they want you to do certain things and why they may want you to refrain from certain things. You will likely find that there are good reasons and the advice is given to protect you. Finally, keep in mind that you should play it safe throughout the entire child custody fight. Be on your best behavior. Show up for your children every chance you can and let them know that you are acting in the ways that will protect them now and in the future. When you do the right things and keep open communication with your ex, you are setting your family up for its best chance of...

read more

Injured In A Haunted House Or Other Halloween Attraction? Learn How To Tell If You Might Have A Case

Posted by on 2:36 pm in Uncategorized | Comments Off on Injured In A Haunted House Or Other Halloween Attraction? Learn How To Tell If You Might Have A Case

Halloween is here again, bringing pumpkins, mini-sized candy bars, monster-movie fests, and—naturally—haunted houses. That last ingredient to all the Halloween fun is also the cause of some Halloween lawsuits every year when patrons get something more than they expected. If you’re thinking about suing a haunted house or another haunted exhibit, like a barn, abandoned prison, or hayride, this is what you should know in advance. How much risk of injury did you voluntarily assume? One of the problems with filing a lawsuit against a haunted house or other scary Halloween attraction is that you are essentially alleging that the proprietors did their job exactly like they were supposed to do—you paid them to scare you and they did it. The odds are also very good that any haunted or scary attraction has warning signs all over the place telling people that they intend to scare them. There may even be additional warnings on you ticket stubs. Some horror-themed attractions even offer safe-words that will allow people to cut their experience short if it turns out to be more than they can handle. If the defendant is able to show that you were given adequate warnings and you still voluntarily assumed the risk that you’d end up feeling traumatized, that’s a valid defense to a lawsuit. Since many haunted horrors that pop up for the season actually boast of their traumatic nature, that’s a difficult defense to overcome. Did something happen that took the experience further than the warnings indicated? However, if something happened that goes well beyond what you were led to expect, you may still have a lawsuit despite any warnings or disclaimers. For example, a woman and several minor children were essentially assaulted outside the ticket window of an Illinois haunted house by clowns wielding sex toys, simulating sexual acts, and yelling sexually-based comments at them. They never even made it inside the haunted house. Something like that could result in a viable lawsuit because the employer of those clowns is responsible for the actions they take while supposedly trying to drum up business for the attraction. Did your injury have more to do with a safety issue than a scare? This is often what causes lawsuits against Halloween haunted houses and other attractions to ultimately succeed or fail. The proprietor of a place has a responsibility under premise liability laws to make sure that the establishment is reasonably safe for patrons. For example, a Michigan woman just settled a lawsuit against the Erebus Haunted Attraction for $125,000. She alleged that a moving wall in a poorly lit area knocked her down and she suffered a leg fracture, a back injury, and some additional problems as a result.  If you get injured in a Halloween haunted house or other horror attraction, don’t assume that you don’t have a valid case simply because you were warned that you might be scared. If there were other issues involved, like an employee who crossed the line or a failure to keep the attraction safe for the number of visitors it receives, you may still have a valid case. Talk to an accident attorney in your area for more...

read more

Need an Estimate from an Attorney for His or Her Services? Cost Can Be Difficult to Determine

Posted by on 11:00 am in Uncategorized | Comments Off on Need an Estimate from an Attorney for His or Her Services? Cost Can Be Difficult to Determine

Most people know that personal injury attorneys usually work on a contingency fee basis, but what about attorneys who handle other types of cases? Understanding how legal fees work can help you estimate your costs and make sure that you stay within your budget. This is what you should know. 1.) Some cases are easier than others to give an estimate for. If your prospective attorney doesn’t seem like he or she can give you an estimate, it isn’t because he or she is being shifty or trying to cheat you. Some cases are fairly easy to give an estimate on because they’re pretty routine and one case looks a lot like the next.  For example, an attorney who handles mayor’s court where speeding tickets and other traffic violations are heard may be able to offer you a flat fee. An attorney who handles a lot of “drunk and disorderly” charges, particularly in a town known for that sort of activity, like Las Vegas or Fort Lauderdale, can also probably tell you upfront what he or she will charge. However, many cases aren’t so simple, and an attorney doesn’t have any clear way of assessing how long the case is going to take, so he or she may not be able to give you a fee on the spot. 2.) A flat fee may not be to your advantage. Unlike other professions, attorneys can’t always predict how long a case is going to take to settle. A case that looks simple could turn out to be very complex and take up hours and hours of the attorney’s time. On the other hand, what looks complex could turn out to be much easier than anticipated and get resolved at the very first meeting. In that situation, a flat fee is to your disadvantage because the attorney will have charged you based on the time he or she anticipated spending on your case, instead of the time he or she actually spent. For example, your divorce attorney could charge you a flat fee of $10,000 based on what he or she expects to happen. If your spouse turns around and simply signs the paperwork and walks away without a fight, you’ll have spent unnecessary money on the legal fees. 3.) Your location and your attorney’s experience are part of the cost. Location and experience are two “soft” factors that influence how much your attorney is going to charge. An attorney in a big city, for example, is likely to charge more than an attorney in a small town. Smaller law firms generally are less expensive than larger firms because they have less overhead. A lawyer with 10 years worth of experience as a prosecutor who is now working criminal defense is going to cost more per hour than an attorney who barely has his or her foot out of law school.  4.) Attorneys try to make it as fair as possible to everyone. There are several different ways attorneys try to make their fees easier for clients to afford and fairer to everyone involved—including the attorney. Just like you don’t want to pay unnecessary money for services that aren’t ever used, the attorney doesn’t want to spend hours on a case for free. These are some common fee agreements: Billable hours: You...

read more

5 Signs That Your Loved One In A Nursing Home May Be Being Abused

Posted by on 10:16 am in Uncategorized | Comments Off on 5 Signs That Your Loved One In A Nursing Home May Be Being Abused

If you have elderly loved ones, you’re undoubtedly doing everything in your power to ensure that they’re as happy, healthy, and safe as possible. You’ve probably heard all kinds of horror stories about senior citizens being abused and taken advantage of by in-home caregivers, but did you know that this sometimes occurs in nursing homes as well? If one of your loved ones is living in a nursing home, you should keep your eyes peeled for telltale signs that they may be a victim of abuse. Following are five signs that your loved one may be experiencing abuse in a nursing home.  Something Isn’t Quite Right Even though many people are reluctant to trust their instincts, you should always listen to them when dealing with people you know and love. If your intuition tells you that something is off, it’s very likely that it is. At the very least, a nagging feeling that something isn’t right in the nursing home environment should warrant some investigation on your part.  Denied or Delayed Visits  Being turned away when going to visit your loved one in a nursing home or being told you’ll have to wait for longer than a minute or two are other possible signs of abuse. This may indicate that something is going on that nursing home employees don’t want you to see.  Hair or Weight Loss Although illness may account for hair or weight loss in the elderly, these conditions can also signal that your loved one is under significant stress. Weight loss may also indicate that the person is not being fed a proper diet or even denied food, which is a form of abuse. Substandard Hygiene  Dirty clothing, uncombed hair, body odor, and dirt and grime on the skin should be taken as warning signs that your loved one is being neglected, if not outright abused. Also, be sure to periodically inspect the sleeping, living, and dining quarters in the nursing home to ensure their cleanliness standards are up to par.  Physical Signs  Bruises and wounds should be taken as serious signs that something is very wrong in the nursing home environment. Keep in mind that your senior loved one may not be forthcoming with information if he or she has experienced abuse in the nursing home — the perpetrator might have threatened them into keeping silent.  For more information on how you can keep your loved one safe from abuse in a nursing home, please feel free to contact a nursing home abuse attorney at your earliest convenience.   ...

read more

What Parents Should Know About Trampolines And Bounce House Injuries

Posted by on 9:30 am in Uncategorized | Comments Off on What Parents Should Know About Trampolines And Bounce House Injuries

With trampolines and bounce houses come an increased risk of injury. As a parent, it is important for you to understand how these toys can be dangerous for your children. Most Injured Are Under 15 The emergency rooms around the United States will see around 100,000 patients suffering bounce house and trampoline injuries, and the majority of those are children under 15. They have become so common that many pediatricians recommend not having trampolines anywhere for fun, and only in supervised gyms for training. Between 1995 and 2001 alone, the number of injuries rose by 1,500 percent. Most children are between the ages of six and 12. Breaks, Bumps, and Bruises Some injuries that occur are minor. They will just be bruises as children rough-house with each other. Bumps also occur as children fall off trampolines and bounce houses. Depending on how low down the trampolines are and the force that children hit the ground, many will just get right back up again. Not all injuries are minor. Breaks can happen. A child does not necessarily have to fall off the trampoline or bounce house to get injured. Sometimes material will get bunched up and legs are caught. As the rest of the body goes with the momentum, parts are snapped at wrong angles and break. Parents Leave Children Alone One of the reasons for accidents is due to children being left alone. Parents aren’t there to watch out for signs of an accident and prevent them. In one case, a child was caught under the matting and a father couldn’t even hear his screams. Fortunately, the father was checking on the child regularly. Otherwise, the situation could have been much worse. Children like to try out flips and tricks. They won’t necessarily know the dangers of them going wrong. Even professionals get injured when doing flips and tricks on trampolines. Insurance May Not Cover Accidents Due to the placing of these trampolines and bounce houses, not all insurance companies will cover accidents. It can mean claiming through over people’s coverage, as those organizing an event may be in the wrong. It is important to find out if your insurance company will cover any potential injuries, whether the bounce houses are in your home or at a third-party event. Looking after your children is more than just keeping an eye on them. You need to know the risks of certain toys and what to do if there is a problem. For more information, contact a personal injury...

read more