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About Getting Out Of A Debt Crisis With The Help Of A Lawyer

Posted by on Sep 29, 2015 in Uncategorized | Comments Off on About Getting Out Of A Debt Crisis With The Help Of A Lawyer

Did you get yourself into a deep financial bind by neglecting to pay bills on time? If you’re ready to stop debt collection agencies from calling your house, it may be time for you to consider hiring a lawyer to discuss filing for Chapter 7 bankruptcy. Find out below how a lawyer can help you decide if filing for bankruptcy is a good idea, as well as what he or she will charge. What Kind of Help Can a Lawyer Offer When in Debt? The first thing that a lawyer will do is assess the total amount of debts that you owe in comparison to your income. Your income will be assessed via a means test that determines if your income is below the median for your state. Your income can be no more than equal to the median income in order for you to automatically qualify for Chapter 7 bankruptcy. Your lawyer will have to get the approval of a bankruptcy judge before a trustee is appointed to handle your case. If you make too much money to pass the means test, your lawyer will do another assessment that may make you eligible for Chapter 7 bankruptcy. Basically, the test will assess how much disposal income is left after your bills are paid each month. If you are unable to make satisfactory payments to creditors although you are over the median income, the lawyer may be able to get your bankruptcy case approved. Another thing that your lawyer can do is refer you to a debt consolidation agency. If he or she feels as though you can pay back your debts with a little organization, debt consolidation may be suggested instead of bankruptcy. Sometimes lawyers recommend debt consolidation because it can help you avoid lowering your credit rating by filing for bankruptcy. Debt consolidation allows all of your debts to be combined into a single monthly payment that you can cope with. How Much Does a Bankruptcy Lawyer Charge? A bankruptcy lawyer is estimated to charge an hourly rate at a minimum of $100, but it can go over $300 for a complicated case. The total for your legal fees should is estimated at $600 or more if you have a simple Chapter 7 bankruptcy case. However, there may also be a $299 fee charged for your lawyer to file your case with the court. Talk to a bankruptcy lawyer such as Attorney Joseph Aguglia as soon as possible so you can get your debt situation under...

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Three Keys For A Smooth Divorce

Posted by on Sep 9, 2015 in Uncategorized | Comments Off on Three Keys For A Smooth Divorce

Divorce is a facet of life that a great number of people go through. If you are going through a divorce and want to come out of it unscathed and ready to build your new life, there are some specific guidelines that you should keep in mind. Follow the points in this article so that you are best able to take control of your life and manage this potentially tumultuous time. #1: Keep Your Support Circle Small And Effective When you go through a divorce, you will quickly begin to realize that it affects a larger group of people than you would have thought. Everyone will have an opinion on your divorce, and you may even have some friends who decide to take sides. For this reason, you need to keep your circle small throughout the course of your divorce, so that you are not taking in any kind of toxic energy. For this reason, you should pinpoint a group of family members or friends you can talk to about it, while keeping the details scarce publicly. Avoid the temptation of venting on social media and keep your thoughts on the situation to yourself and some trusted people in your life.   #2: Tell Your Divorce Lawyer Everything You need to always remember that your lawyer is there to work for you, no matter your circumstances. Your attorney cannot do their best work for you if you withhold information. For that reason, you should remember to tell your attorney everything, even the negative things that might hurt your case. The last thing you want is for your divorce lawyer to find out this kind of information in the courtroom during a hearing. By telling them ahead of time, your attorney can come up with the proper game plan.  #3: Make Your Decision And Stick To It The worst thing you can do is be wishy-washy during the divorce process. Don’t start the divorce process until and unless you are absolutely sure that the relationship is over. This means you should go through counseling and a separation if necessary, so that you have the full closure needed to move forward. Some people make the mistake of reconciling or having sex with their spouse during the divorce process, which only adds more confusion. Do yourself a favor and make a firm decision, so that the divorce process is handled in a businesslike, straight forward manner.  Follow these three points for the smoothest divorce possible. For more help, visit a website such...

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Three Reasons to Report Workplace Injuries

Posted by on Aug 20, 2015 in Uncategorized | Comments Off on Three Reasons to Report Workplace Injuries

If you get injured at work, it should be covered by your employer’s workers’ compensation insurance policy. Most businesses have this coverage, which pays for medical costs, including doctor visits, prescriptions, and treatments for a work-related injury. If you are injured at work, you need to report it to your supervisor right away. Here are the reasons why. You Get Immediate Help The first reason you should inform your supervisor of your injury is because they might be able to help you get relief while at work. You might not have a full-blown injury yet, but are starting to experience pain and discomfort. This is common among conditions like carpal tunnel syndrome. Your supervisor may be able to adjust your work desk and chair, get you a new keyboard, or help with monitor height to avoid this and other work-related conditions. It helps reduce comfort now and helps workers’ comp know that you tried to fix the situation to prevent the injury. You Can Work in a Different Department Depending on the type of job you have, switching to a different department might be necessary. For example, if you drive a large van to deliver flowers around town, you might be having back pain from sitting in the van all day to make deliveries. If you have started experiencing chronic pain in your back, your supervisor can switch you to a different position. You may start working in the office of the flower shop instead of having to make deliveries. This keeps you from losing income by missing too much work from the pain, but allows you to remain with your company. It Helps When Filing a Claim If you get an injury at work, you will need to file a workers’ compensation claim. Reporting the injury to your employer right after it occurs helps increase the chances of that claim being approved. You need to let someone know about the injury so you can get medical care. You will be asked to see a workers’ comp doctor so they can assess your injury and indicate whether or not it is work-related. They will also inform your employer of the severity of the injury and how long your recovery period will be. When you do everything right and report your injury or accident as requested, but get denied workers’ comp coverage, contact an attorney like They will help you file an appeal to get the benefits you...

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5 Things You Should Understand About Your Defense Attorney’s Trial Behavior

Posted by on Aug 5, 2015 in Uncategorized | Comments Off on 5 Things You Should Understand About Your Defense Attorney’s Trial Behavior

Your criminal defense attorney may seem like a puzzle to you, and some of his or her behaviors could have you doubting their competence or motivation for helping you. There are five things you should know about an attorney’s trial behavior, so that you can remain confident with your defense. 1. Your lawyer won’t pop up like a jack-in-the-box to object every time a prosecutor skirts the rules during trial. That behavior often appears in TV shows, but in real life your attorney will probably stand calmly and raise an objection in an ordinary voice. There are several reasons why your attorney won’t make every objection you might think they would make. These include: By objecting to a question or answer, the jury could conclude the attorney is trying to obfuscate evidence or testimony. Too many objections could annoy the judge and/or the jury and cause them to not take your attorney seriously. Your attorney is aware that the questioning or testimony is actually permissible and legal. An objection may draw too much attention to a detail that the attorney hopes will go unnoticed or be forgotten. The objection could throw off the attorney’s overall strategy. 2. Conversely, you might be surprised with the objections and issues your attorney does raise or the details that they take pains to emphasize. Your lawyer could raise an objection to something you may think is unimportant. However, they may do it because the issue could be a basis for an appeal later, if need be. Your attorney may also be emphasizing certain details to slowly build a chain of logic or evidence that will make more sense as the trial proceeds. 3. They may ask you to consider a bench trial (instead of a jury trial) for a couple of good reasons. There could be technical or legal evidence that a judge would better appreciate than a jury made up of non-legal-savvy persons likely would. Your attorney may make certain motions that allow the judge to see certain evidence that could not actually be admitted in a jury trial, and your attorney is hoping this will subtly influence the judge’s ultimate decision. 4. The details they ignore or leave out may be for a sound legal reason. There could be evidence or testimony that you think is relevant, that your attorney may want to leave out of the trial. This could be because it does not conform with the rules of evidence that are established by law and precedent. 5. If they discourage you from testifying in your own behalf, this too is usually for good reasons. Your attorney may actually want you to testify so they can bring in some point of evidence that could not be entered otherwise, but testifying in your own behalf is always risky. This is because once you testify, then this may open the door for the prosecutor to introduce your prior crimes or past unwise actions that would not be admissible otherwise. The attorney may also fear you could be tripped up by the prosecutor when he or she cross-examines you. A judge or jury could also be put off by your demeanor, or they may interpret certain mannerisms and gestures you have as indicators that you are lying. Finally, it is a prosecutor’s job to...

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Hazy Confusion | Clearing Tourist Misconceptions About Legal Marijuana

Posted by on Jul 6, 2015 in Uncategorized | Comments Off on Hazy Confusion | Clearing Tourist Misconceptions About Legal Marijuana

Marijuana may be well on its way to being fully legalized in some states, but even with these changes there are still people who have a lot of confusion about where the lines are drawn where laws are concerned. Whether you occasionally smoke marijuana yourself and want to pay a visit to Colorado or are planning a trip to newly weed legal Oregon, it is crucial that you understand the laws about “legal” marijuana. Otherwise, you could end up with a drug charge on your record and the need for a criminal defense lawyer in court.  You Cannot Have Extensive Amounts of Marijuana On You You may have this big idea that you will take a trip to a fully legalized state and buy huge amounts of marijuana to enjoy with your co-travelers. However, even if you could buy a lot of weed at a dispensary (which you cannot), it would be illegal to be caught with it. For example, in Colorado you are only allowed to have up to one ounce on you at any time. Additionally, the weed that you do have must be kept in a sealed or unopened container, or you could be charged with an open container violation as a driver.  Smoking Marijuana In Public Could Get You Arrested There is a lot of debate about where and how marijuana can be consumed in legal states. However, a good rule to keep in mind is to be respectful and use your common sense. Do not go walking through a public area while smoking a pipe, or you could be arrested and charged with public consumption of marijuana. Keep the marijuana use either behind closed doors or in private smoking lounges.  Federal Land Does Not Allow Marijuana On the Premises  One thing that many people do not recognize is that even if a state has fully legalized marijuana, the federal government has yet to agree. Therefore, you may be in a secluded place away from everyone, but on federal land, and still get slapped with a marijuana possession charge. The worst part is, it is not only illegal to smoke or use marijuana on the premises, but to bring it in these areas at all.  When it comes down to it, you really have to be cautious about spending your time in a marijuana legal state if you plan to take part in the new relaxed atmosphere. Even though weed may be referred to as legal, there are a lot of ways that you could end up with a drug charge. If you have been charged with marijuana possession, contact a criminal offense lawyer or law firm like Kalasnik Law Office for...

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Class Actions Lawsuits: What You Need To Know

Posted by on Jun 18, 2015 in Uncategorized | Comments Off on Class Actions Lawsuits: What You Need To Know

You may have heard the term “class action lawsuit” on the news in reference to suits involving major brand name products. You may have even received an email about such suits from businesses that you have dealt with online, such as stores or services. If you think you may have a claim in a class action lawsuit, you may have questions about exactly what it means and what you should do. Many times the wording of the notices on these lawsuits is confusing, so read on for more information about class action lawsuits. A class action lawsuit is a legal method of dealing with large numbers of claimants who have been harmed by the same product, practices, services, negligence or other actions of a common entity, such as company. It’s a way to have one trial instead of many, and if you are a member of the class, you must agree to accept the ruling of the court. Major benefits of class action suits 1.  The sad truth is that many times, harm from a product or service will continue unless there is a public outcry. Class actions are well-publicized, and often the offending party will be forced to make changes before the case even goes to trial, potentially reducing harm and saving lives. 2.  There is power in numbers, and when the lawsuits are against major corporations with more legal means than the average person, a class action levels the playing field for people who might not have had a chance against the wrongdoer otherwise. 3.  Many times, the individual person harmed has only a small amount of damages, but when taken together with many others who also have had harm done, the case becomes worthy of costly legal actions. In other words, the harm done to you may be small and not worth fighting a major corporation to pursue, but together with others you can force change and get compensated. 4.  Finally, class actions provide a consistent means to litigate public policy issues properly. Small cases brought by individuals could result in inconsistent rulings and many small settlements with the terms being kept secret by agreement. You should have a better picture of the way class action lawsuits work now, so that you will be able to make a more educated decision on whether or not to join one. You would be smart to preserve your rights in any legal matter by contacting a personal injury attorney, like the ones at Prediletto, Halpin, Scharnikow & Nelson, P.S., for guidance and more information about classes action...

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Two Concerns About Worker’s Compensation Cases Addressed

Posted by on Jun 4, 2015 in Uncategorized | Comments Off on Two Concerns About Worker’s Compensation Cases Addressed

Workplace injuries can be one of the most devastating experiences that many people will encounter in their lives. Whether it results in a permanent disability or a lengthy recovery, individuals can find their lives turn upside down when they are injured on the job. Fortunately, the law requires businesses to carry worker’s compensation insurance for these instances, but this is a type of insurance that many people are uninformed about. Having the following two questions answers should help you to better understand how this protection applies to your situation.  What If The Accident Happens In Another State? There are many jobs that require the workers to travel across the country. Whether it is as a salesman or a construction worker, injuries that happen in far away states may seem like they will be more complicated, but this is not usually the case. In most instances, the worker will be covered under the workers’ compensation law of the state where their employer is located.  However, this distance can make it a little more difficult to obtain the copies of the required medical records if you require emergency treatment. In these instances, you will need to notify your employer of the situation as soon as possible so that they can start the process of requesting these documents.  Do The Benefits Continue Being Paid If The Worker Dies? Some workplace injuries can result in permanent disabilities, and these cases will require the worker to be paid compensation for the remainder of their lives. Unfortunately the worker’s family, these benefits will usually be stopped if they die. Yet, it should be noted that there may be times when these benefits may continue following the passing of the worker.   This will require the family to prove that the worker’s death was directly related to the injury that they suffered while on the job. Sadly, this can be an extremely complicated task for a variety reasons. As a result, you should always seek the counsel of an experienced workers compensation attorney. These professionals will be able to provide you with the guidance that you need to successfully navigate this process.  Filing for worker’s compensation benefits can be a stressful process because most people seldom understand this process. A lack of knowledge and experience with this process can further add to the stress of filing for these benefits. By knowing how injuries that happen in different states are handled and what happens when the worker dies, you will be much better prepared to go through this...

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Why You Should Never Buy A New Home Without A Real Estate Lawyer

Posted by on May 20, 2015 in Uncategorized | Comments Off on Why You Should Never Buy A New Home Without A Real Estate Lawyer

Buying a new home is equally terrifying and exhilarating…and going through the process without any help can really ramp up the “terrifying” part of that equation. A real estate lawyer can be an integral part of the home buying process today. Keep reading to learn all the ways that your real estate lawyer can help you and support you throughout the new home purchasing process. Before the Sale Even before the actual sale, your real estate lawyer can begin work. Their job prior to the actual home sale will include things such as: Investigating the Property’s History: Your lawyer will check to make certain that there are no outstanding liens on the property, that there are no outstanding property taxes, and that there are no covenants tied to the property. The presence of liens and taxes could cost you considerable money as the new property owner, while a covenant could severely restrict your use of the property. Examining the Sale Contract: Your real estate attorney will examine the property sale contract to make sure that it is done to the letter of the law. If there are any discrepancies, your attorney will work with the seller’s attorney to resolve these. Working With the Mortgage Provider: Your mortgage lender will provide you with paperwork documenting the exact terms of your mortgage. If these terms are unreasonable, or if you feel they can be improved, your attorney can negotiate with the mortgage provider to try to secure better rates. At The Time of The Purchase At the time of the purchase, your attorney will be there to support you in several different ways. These include: Explaining Any Unclear Points of the Purchase Contract Reviewing All Paperwork Before You Sign Providing You With Support Documentation Like Property History Documents After Your New Home Purchase After the purchase of your new home, your real estate lawyer will still be there for support. This can include giving you valuable advice about things such as: Choosing a homeowner’s insurance provider Informing you of the property taxes that you should expect in the future Advising you of legalities if you want to make renovations or expansions on the property As you can see, your real estate lawyer is much more than just someone who shows up to make sure the documents are signed at the sale. If you want to make sure that every facet of your new home buying process goes well, this type of lawyer is your best bet! For more information, contact a professional such as Heil J...

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When Should I Take A Slip And Fall Case To Court?

Posted by on Apr 30, 2015 in Uncategorized | 0 comments

If you have fallen and been injured on another’s property, then you may be wondering what legal reparations you’re entitled to. Slip and fall lawsuits are complex and often hard to prove, so here are a few questions you should ask yourself before taking your case to court. 1. Were you careless? The biggest question you’ll need to answer before seeking out a lawyer is whether or not you can be to blame in any way for your fall. If so, your case will not fare well. Carelessness can be determined by many things. If you were on your phone, not paying attention, ignored a caution sign, or did not display basic common sense, then you are most likely partially or fully at fault for your injuries. 2. Where did it happen? Another thing you must consider before pursuing a slip and fall lawsuit is the type of property the incident happened on. There are different rules set for determining responsibility for commercial, residential, and government property. Commercial. For a commercial property to be responsible they must have caused the dangerous conditions and either ignored or should have known the risks. Residential. Residential property responsibility falls on the landlord or property owner. The owner is responsible unless the fall area was unreasonably expensive to fix or not foreseeably dangerous. Government. A lawsuit against a government entity is difficult because they have set rules in place to defer liability. You must file a notice of claim within 60 days to be able to move your case forward. Find a personal injury attorney as soon as possible if your injury was obtained on government property. 3. Can you prove fault? It’s not enough for the accident to have happened on someone else’s property. You also have to be able to prove liability. If you were not careless, take a look at the circumstances. Did the owner, resident, or employee cause the slick or dangerous surface? If not, then they have no legal responsibility for the accident. For example, if you slipped on a spill in a restaurant caused by another customer and the restaurant did not have time or knowledge to clean it up, then the restaurant is not at fault. 4. Was there reasonable negligence? What’s harder to prove than liability is whether or not the defendant had “reasonable” negligence. Even if it is determined that the danger was caused by the property owner or other reasonable parties, unless negligence led to your injuries, they may not be legally responsible. If a spill had just happened or the buildup of snow on their lot did not seem in the way, then the court may determine they had no reasonable responsibility. Reasonableness is generally categorized by common sense and intent of safety, so it is naturally subjective. 5. How serious is your injury? If your above answers check out, then you have grounds for a lawsuit, but it should be worth considering how serious your injuries are before pursuing legal ramifications. The litigations process is often a grueling and expensive one. And though you have the potential to earn a large settlement, there are no guarantees. If the injuries you’ve sustained are minor, it may be worth considering forgoing the extensive legalities of a slip and fall case. Visit for more...

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Tips For Avoiding Accidents With Tractor Trailers This Summer

Posted by on Apr 15, 2015 in Uncategorized | 0 comments

Summer is coming and thousands of Americans are preparing to take vacations that involve long road trips. If you’re one of the many people thinking about traveling by car this summer, don’t forget that there are an estimated 2 million tractor trailers in the United States right now. Sharing the road with tractor-trailers will be an important part of enjoying your vacation and safely reaching your destination. These tips will help you get from point A to point B without having an accident with a tractor trailer: Avoid Blind Spots and Stay Visible to Truck Drivers A truck driver’s blind spot is known as the “no zone.” If you can’t see the side-view mirrors on a tractor trailer, chances are you’re driving in the no zone. The no zone of a tractor trailer can be a dangerous place. If you’re too close to the truck to see the side mirrors, fall back away from the truck until you can pass safely A fully loaded tractor trailer driving at normal speeds on the highway would need about the length of two football fields just to come to a full and complete stop. That’s twice the distance that a car would require to stop. To avoid problems, never pass in front of a tractor trailer that would not have time to stop without hitting your vehicle.   Also important to remember is that trucks have a no zone in front of their vehicle, below the line of sight of the driver. When passing in front of a truck, wait until you can see the vehicle’s entire front end from your rear window.  Use your turn signals to indicate to the driver of the tractor trailer that you’ll be passing his or her vehicle . This will give the driver time to slow down and let you in, if your car is too close to the front end of the tractor trailer.   Know What to Do If You’re Involved in an Accident Car accidents with tractor trailers can lead to devastating injuries and medical bills. Know what to do if an accident occurs. Law firms that specialize in auto accidents with tractor trailers can provide you with the expertise and know-how. By contacting an expert, you can get the compensation you need. If you are in an auto accident involving a tractor trailer, reach out to an experienced and skilled attorney in your area. Have other questions? Need more help? Contact a company like Kane Funk Poch & Van Massenhove PC to learn...

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