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Personal Injury Lawyer
February 22, 2022
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The Costs to Hire a Lawyer

Personal Injury Lawyer

If you’ve been injured in an accident and want to file a personal injury lawsuit against the negligent party, you may decide to work with a lawyer. However, before you hire a lawyer, make sure you have a good understanding of how much their services will cost. 

Contingency Fees

Most personal injury lawyers will offer you a contingent fee arrangement, which means that instead of charging you an hourly rate, the lawyer will receive a fixed percentage of your settlement if you win your case. This agreement incentivizes the lawyer to work hard to secure you a win, and it ensures that you won’t get hit with high legal bills if you do not win. 

Under this fee arrangement, your attorney can typically take between 25% and 40%, though there may be limits to these fees based on your state’s laws. The standard percentage is 33.33%. If the person who caused the accident is willing to settle out of court, your lawyer may take a lower percentage. Because there are so many variables to consider, it is essential that you carefully read the legal contract. Never sign an agreement to do business with a lawyer unless you have a very clear understanding of the stipulations. 

Upfront Expenses

Depending on your agreement, you may be responsible for paying any court costs and associated expenses on top of the contingency fee. These costs may include:

  • Court filing fees
  • Summons costs
  • Subpoena costs
  • Medical record fees 
  • Police report copies
  • Expert witness fees

Some law firms will ask you to pay these expenses as they happen, while others will require a lump sum payment upfront. If you are contractually obligated to pay the fees upfront, your lawyer will typically put your case on hold until you have paid your bill in full. 

However, in many cases, your lawyer will pay the fees on your behalf and deduct the total fee amount from your settlement money. 

Retainers

Some arrangements will require you to pay a retainer (usually several thousand dollars) before the work begins and then a contingency fee if you win the case. However, the retainer amount will usually be deducted from the contingency fee amount you owe. 

The total cost of hiring a lawyer varies by case and whether you want to pay upfront or accept a contingency fee agreement. 

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February 12, 2022
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Why Prenuptial Agreements Are So Common

If you are getting married, you may be weighing the pros and cons associated with drafting a prenuptial agreement. If so, your preliminary research has likely revealed that this legal resource has become increasingly popular in recent years. This reality understandably surprises many Americans, as it wasn’t too long ago that drafting a prenuptial agreement was somewhat stigmatized as a task undertaken only by those who expected (on one level or another) that their marriage might fail.

Nowadays, the process of drafting a prenuptial agreement is increasingly viewed as a way to be proactive about the legal realities and financial expectations that accompany marrying another person. This drafting process allows a couple to think through their views about property, division of labor, money, and a host of other marital realities that can pose challenges when times get tough and/or the unexpected occurs. When approached with an open mind, the process of drafting a prenuptial agreement can help to ensure that your marriage is set upon a strong foundation of understanding and mutually agreed upon expectations that will help to prevent a great number of potentially avoidable tensions from derailing what you are trying to build.

Making Decisions Based in Mutual Respect

There are no guarantees in marriage. This is one of the many reasons why having a legally enforceable document in place at the start of a marriage can be so helpful. As an experienced family lawyer – can confirm, most modern prenuptial agreements do not simply articulate expectations as they pertain to the potential of divorce somewhere down the line. Most also lay out enforceable expectations regarding everything from income to social media boundaries that underscore mutually agreed upon values.

However, in the event that you and your spouse do unexpectedly decide to divorce someday, having a prenuptial agreement in place can help to ease the stress of an unquestionably challenging time. Although all couples hope that they will grow together as opposed to apart, life doesn’t always turn out that way. Having an enforceable document in place that was drafted at a time during which you were both looking out for each other’s best interests can help to ensure that both your interests and your partner’s interests are properly accounted for in the event of a split. Additionally, knowing that your interests are protected should you decide to split can help you to focus on repairing a relationship that has begun to crack, should you desire to do so.

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February 3, 2022
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How to Choose The Right Family Lawyer For Your Needs 

How to Choose The Right Family Lawyer For Your Needs 

Choosing a family lawyer can be a difficult decision. You want someone that can make a real difference in the outcome of your divorce. Not only that, but you need a trusting relationship with this person because they are handling a good portion of your life in their hands. So, you want a lawyer that is as serious about your case and your needs as you are. 

When you go out to find the lawyer that best suits your needs, there are some things that you should look for. If you are looking for a lawyer then below are the following tips to help you find someone that is going to work with you. 

Find a Lawyer You Can Work With 

Sounds simple enough. However, you need to remember that you and your lawyer are going to be partners through your case. You might need to confide in some sensitive or even embarrassing information that you wouldn’t tell anyone. Since you are going to be speaking to your lawyer fairly frequently, you’ll also need to get along. 

When choosing your lawyer, you not only need someone you can trust but also someone you can communicate with as well. Most likely you’ve had that one person that you just can’t seem to get along with. Don’t make that person your lawyer. If you and the first lawyer you meet don’t mesh well then move on. 

Pick a Lawyer, Not a Law Firm 

The relationship you have isn’t between you and the law firm. It is between you and your lawyer who just so happens to work for that law firm. You don’t want a relationship with the whole law firm, you want one with your lawyer. Make sure that you know who is handling your case. If your case is being handled by another associate then you should think about finding someone else. 

Demand Experience 

No one should handle your case that doesn’t have experience in family law. You wouldn’t trust your general practitioner to perform brain surgery, so why let someone with no experience handle your case? The reality is you wouldn’t. Finding someone who has dedicated their practice to family law is going to give you a better outcome in the long run. Not only that but ask about how many cases were successful. You want someone with a good track record of succeeding for their clients.

When you start your search to find a family lawyer, don’t hesitate to reach out to the lawyer, like the team at Pacific Legal Group, to learn more about what they can do for you and to answer any questions you might have. 

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January 26, 2022
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Examples of Financial Exploitation in Nursing Homes

The public has begun to realize the vast scale of abuse that happens to senior citizens, including those who are living in nursing home residents. Family members may place a senior relative in a nursing home because they have no other options, and are hoping the facility is clean and functions on a moral compass. Sadly, this isn’t always the case, as many senior residents fall victim to staff or doctors who may abuse them physically, emotionally, sexually, or financially. 

There are times when a stranger may steal from a senior in a long-term care facility, however, it’s often those who are supposed to be caring for them that inflict this behavior. Here are examples of ways that seniors may be financially exploited while living at a nursing home: 

Theft of items or money in the resident’s room.

Those in nursing homes have little privacy, as the doors to their room may stay open much of the time, or they share the space with another person. There are many people who may have to enter the room, such as doctors, care staff, and other visitors. These factors can make seniors vulnerable to having items like money, clothes, or jewerly taken. 

Suspicious use of credit cards or checkbooks.

If you notice that your loved one’s checkbooks have gone missing or there is use of a credit card that they had no way of purchasing themselves or isn’t suitable for them, this may be a sign that financial abuse is happening. 

Using threats to scare a resident into transferring assets.

When someone is getting older and perhaps sick as well, they may be at the mercy of those who are targeting to abuse them. Staff may threaten a resident into transferring assets to them, or use funds to make lavish and personal purchases. 

Nursing home abuse is a serious issue that must be responded to immediately in order to protect the resident from further harm. Contact a nursing home abuse lawyer from David & Philot, P.L. now for prompt legal intervention and support. 

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January 23, 2022
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The Potential Factors of Any Truck Accident

Truck accidents in particular tend to be more scary compared to other types of collision, since a truck outweighs a standard passenger vehicle by thousands and thousands of pounds. For instance, a commercial truck can weigh upwards of 50,000 to 80,000 pounds when fully stocked. In contrast, Your average car is only a few thousand pounds in total weight. Aside from the weight factor, there are many other influences that could lead to a truck collision. 

Truck Driver Fatigue

Truck driving is a high-stress job that comes along with substantial pressure. A trucker who caused a collision may have been tired due to having too few hours of quality sleep. Driving hundreds of miles within a short period of time without sufficient rest can cause someone to lose coordination, concentration, and reasoning. Furthermore, someone who is tired is likely to have a slower reaction time, so the driver may have seen a crash approaching but was unable to respond quickly enough. 

Alcohol and Drugs

Studies show that many truck drivers have admitted to taking marijuana, cocaine, or amphetamines while driving. Drugs like these help truckers stay awake in an unnatural way, and they may be compelled to be more risky and make unsafe maneuvers on the road. As soon as stimulants start to wear off, the drivers are more likely to become fatigued and can potentially fall asleep behind the wheel.

Poor Truck Maintenance

There are requirements and regulations that truck drivers and trucking companies must abide by. Yet still, some drivers manage to get their truck on the road without meeting such requirements. And sadly, many trucking companies are too worried about getting to the destination on time and may not give the truck the maintenance attention that it requires, eventually causing a mechanical issue and crash. 

As an experienced truck accident lawyer, like one from Brandy Austin Law Firm, PLLC, can attest, truck accidents are very serious incidents where personal injury and property damage tends to be extensive and devastating. 

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January 21, 2022
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What Does It Mean If My Car Accident Was Caused by a Medication Condition

What Does It Mean If My Car Accident Was Caused by a Medication Condition

 

Occasionally, people who are licensed drivers are involved in accidents caused by circumstances beyond their control. Another driver might make a mistake, a vehicle might malfunction, or changing weather conditions might make an accident unavoidable. Sometimes, drivers experience medical emergencies that render them unable to safely operate a motor vehicle. You may wonder about your liability if you inadvertently cause a crash because of unexpected physical impairment. As a car accident lawyer from a firm like Tuttle Law, P.A. can explain, before discussing liability, it is important to remember what to do if you are involved in an accident.

What Should You Do if There Is an Accident?

It is ideal to keep a list of proper procedures to follow in the event of an accident. This list assumes that you are physically able to complete the steps involved:

 

  • Remain at the scene. If heavy traffic is present, you will want to get out of the drive lane, but do not travel farther than necessary for safety.
  • Contact first responders by calling 911. Relate necessary details of the accident. If you are not sure of injuries, err on the said of saying there might be injuries.
  • Check with others involved to see if there are injuries.
  • Secure contact information from other parties and from witnesses.
  • Write down or make a recording of pertinent information.
  • Make certain to inform your insurance company.

What If You Experienced a Medical Problem That Resulted in an Accident?

The answer to this question is not as clear-cut as you might assume. On the one hand, if you are driving and through no fault of your own you lose the physical ability to control your vehicle, then you cannot be considered “negligent.” This means you and your insurance company would not be liable for damages caused by the crash. On the other hand, if you had forewarning of the medical problem and did nothing to prevent a possible accident, you might be found negligent and therefore responsible.

What Insight and Assistance Can an Attorney Offer?

An experienced car accident lawyer will listen to your recounting of an incident and read the police report. This will give the attorney a good idea of the degree of responsibility you may bear in an accident resulting from a medical condition. An attorney should be familiar with the laws and typical judicial rulings in the area where the accident occurred, as ordinances and judgments vary greatly. Consulting an experienced lawyer will give you insight into your liabilities and defenses.

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January 11, 2022
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Things to Consider When Contemplating a Divorce 

Family Lawyer

Because relationships are complex, divorce isn’t often a decision that is easily made. Spouses can have shared bank accounts, retirement plans, homes, and other assets. There is also the complication of having children. Untangling your lives can be complicated and it might feel impossible, which is where a lawyer can help.A  family lawyer from a firm like Law Group of Iowa can provide an objective perspective on divorce. A lawyer will provide their unbiased opinion on what your legal options are so that you can make informed decisions on the best path forward. 

Do you have a prenuptial agreement? 

Some couples create an agreement before or after their marriage in the event that they decide to get a divorce later on. This is called a prenuptial or postnuptial agreement. If you and your spouse have an agreement in place, it can make a divorce much easier to execute. However, if your situation has changed since signing the prenuptial agreement, there might be additional elements of the divorce to work out. For instance, if the agreement didn’t take into account having children, then you will still need to determine the circumstances around custody. In addition, if you think that your spouse has hidden certain assets or is otherwise hiding pertinent information, then a lawyer can help determine if this is true. 

How complicated is your shared estate?

The more you own together the more complicated it is to separate and divide what you own. Couples will need to determine what to do with their savings, retirement accounts, investments, real estate, house, cars, and other assets. There is also the question of what to do with any debts. Who will be responsible for continuing payments or if you filed for bankruptcy, who will be responsible for fulfilling your obligations. 

Do you have children? 

If you and your spouse have children, you will have to decide how the children will divide their time between two households. If this wasn’t hard enough, you will need to determine whether you or your spouse needs to pay child support. For instance, if it is determined that one parent will have majority custody, the other parent might need to make payments to support their children. You will also need to agree on what the money can be sent on. Child support can pay for the mortgage of the main residence, food, clothing, school, medical expenses and other expenses.

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January 9, 2022
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Understanding Social Media Use During A Divorce

A Colorado divorce lawyer understands that many people use social media as an outlet to express their thoughts and opinions, as well as keep in touch with friends and family. But one of the things that divorce lawyers often advise their clients is to use extreme caution when posting on social media while their divorce is pending.

Do courts review a person’s social media activity during the divorce process?

During a divorce, all aspects of a couple’s life are scrutinized by the court, especially if the couple is also involved in a child custody dispute. Not only can opposing parties use evidence they find online, but witnesses, such as a guardian ad litem, may also access each of the parent’s social media accounts while conducting their custody evaluation. The information posted on Facebook and other social sites, whether it be posted by an individual involved in a divorce or a third party, can often be cast in a negative light during divorce proceedings.

How can what someone else posts on their social media account harm my divorce case?

Divorcing couples need to understand that the potential damage caused by sites like Facebook extends far beyond the information that they themselves are posting. Family members, friends, or even complete strangers can post information online that may drastically impact divorce proceedings. For example, an innocent photo of one spouse at a bar with a drink in hand can lead to the suggestion by the opposing side that said spouse is an out-of-control drinker and should not be granted custody of his or her children.

Do divorce lawyers use social media sites in preparing their cases?

 A skilled Colorado divorce lawyer should fully understand basic social media concepts and should be able to advise clients on how to effectively manage online social networks. For example, a savvy lawyer will understand the difference between Electronically Stored Information (ESI) and traditional paper documentation and that there are different laws regarding how ESI is preserved.

What are some ways Facebook or other social media accounts can be used for my benefit in my divorce?

A knowledgeable lawyer will not only advise his or her client on how to properly utilize Facebook and other social sites but he or she will also advise on how to use social media to the client’s best advantage. Facebook is often a source of information that can also be used to support a variety of claims. Facebook posts can identify instances where marital property is misused, can provide evidence for alleged affairs, or can determine whether parents are suitable guardians for their children during custody hearings.

Contact Our Office Today

Social media is a powerful tool that can be used to one’s advantage; however, it can also be a potential liability. To learn more about how social media should be managed during your separation or divorce proceedings please contact Zweig Law, PC to schedule a free consultation with a skilled Colorado divorce lawyer.

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January 9, 2022
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Why You Need to Hire a Personal Injury Lawyer 

Accidents that cause physical damage, can impact an individual in many ways. Some examples include slipping and falling onto hard floors, slipping on ice, and even getting into severe car crashes that can cause back pain, whiplash, permanent damage, and more  For example; I there are people who have gotten into such a severe car crashes, that they are still having back pain years later, even when their back has been assessed time and time again. Moreover, accidents can also cause severe trauma, such as fear of driving, or engaging in an activity that puts someone at risk of suffering the same injury.  As such, when someone experiences such injuries, it is important for one to hire a personal injury lawyer. 

Some of the Responsibilities of a Personal Injury Lawyer 

What an attorney can do is help to assess the situation, pertaining to how the injury happened, why it happened, as well as the mental and/or physical severity that was suffered, due to the accident.  From there, the best course of action can be taken, in relation to the compensation that one will get. Moreover, a lawyer can assist in helping people take action, as they can further assess the situation, from an in depth perspective as well.

A personal injury lawyer will try to ensure that one not only gets compensation for physical and/or mental damage, but they also want to ensure that medical malpractice is fought against. This is for those who may need medical treatment and assistance, for operations that are needed, due to the severity of a personal injury, that some suffered.. 

Moreover, a personal injury lawyer also accounts for injuries and accidents that took place on someone else’s property. An example of this, would be suffering from the inhalation of toxic chemicals, or suffering injury, from a dog bite. In other words, while the company does focus on personal injuries, there is a branching out of other aspects as well. If you are interested in learning more about a personal injury law firm, like Yearin Law Office, please set up a consultation to learn more. 

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Five Examples Or Factors That Can Cause Traffic Violations - Wooden referee hammer and car keys
January 9, 2022
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Five Examples Or Factors That Can Cause Traffic Violations

Traffic Violation Lawyer

Let’s explore five examples or factors that can cause traffic violations, including reckless driving: 

1. Distracted Driving

Distracted driving comes in many forms but is commonly associated with using a phone while driving. Drivers are only human, and it’s possible that they may engage in distracted driving. Besides texting and driving, other forms of distracted driving can include actions like eating or drinking while behind the wheel. Unfortunately, it can be hard to tell if a truck driver is engaging in this behavior, and often this behavior may only lead to an accident at the last moment. 

2. Driving While Under the Influence

Driving while drinking or doing drugs is very dangerous, but unfortunately, many drivers engage in this type of behavior. Driving while under the influence can slow a driver’s reaction time or make them exhibit driving behaviors they would otherwise avoid while sober. If you notice a driver swerving on the road, then they might be engaging in this behavior. You should give the driver a lot more space or even pull off to the side of the road. You may even want to call the police if their behavior seems suspicious.

3. Drowsy Driving 

Any job can be tiring after a while, but many jobs can’t compare to operating a heavy truck for 8+ hours with hardly any breaks. Unfortunately, truck drivers are often overworked and can work ten hours or more a day with very few to any breaks in between. Furthermore, driving a truck takes a lot of hard work and can be very repetitive. Even closing your eyes for less than a second on the road can lead to a deadly crash. These factors can lead to a driver violating traffic laws even if they don’t intend to. 

4. Weather or Road Conditions 

When it’s raining or snowing, it’s best to avoid the road if possible. Unfortunately, many drivers won’t have this privilege. Furthermore, not every road is made alike. For example, while most accidents happen in urban areas, the most fatal accidents will happen in rural communities, and bad road conditions are one factor why. When combined with behaviors like speeding, poor weather or road conditions can easily lead to crashes. 

5. Road Rage

Every driver can be susceptible to road rage, including truck drivers. Road rage can include anything from honking a horn, tailgating a driver, shouting profanities, and more. It’s best to give a driver plenty of room, even if it forces you to reach your destination later than expected. If a driver does exhibit road rage, then do your best not to retaliate. If necessary, you may want to pull off to the side of the road or into a parking lot, but only if there are plenty of witnesses around. Otherwise, a better strategy is to wait until cops are nearby. It’s always within your legal rights to call the police if you believe another truck is threatening your well-being. If a driver does exhibit violations, you may want to talk to a traffic violation lawyer from our friends at the May Law, LLP. 

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