PDJLawFirm: Blog PDJLawFirm: Blog https://www.pdjlawfirm.org/blog/ Copyright by PDJLawFirm en PDJLawFirm Fri, 09 Jun 2023 00:56:31 -0400 Factors That Affect Personal Injury Claim Compensation

As the name suggests, personal injury claims are filed by individuals who have suffered injuries due to the negligence or intentional actions of others. In such cases, compensation is awarded to the victim to cover the expenses incurred due to the injury. The amount of compensation that a victim receives depends on various factors that affect the personal injury claim.

Understanding Personal Injury Claims

Personal injury claims are legal disputes that arise when one person suffers harm or injury due to the negligence or intentional actions of another person or entity. These claims typically seek compensation for the damages and losses incurred by the victim, which may include medical expenses, lost wages, pain and suffering, and other related expenses. Personal injury claims can arise from a variety of incidents, including car accidents, slip and fall accidents, medical malpractice, defective products, and more.

Factors That Impact Personal Injury Settlements

Several factors can impact personal injury settlements, including the severity of the injury, the degree of fault, the availability of insurance coverage, and the quality of legal representation. Understanding these factors can help you better build your case.

The Nature and Severity of the Injury

The nature and severity of the injury suffered by the victim is the most important factor that affects the amount of compensation awarded. Generally, the more severe the injury, the higher the compensation amount. This is because severe injuries require expensive medical treatment, rehabilitation, and may even cause long-term disability or loss of income.

Medical Expenses

The medical expenses incurred by the victim due to the injury are also taken into consideration while calculating the compensation amount. This includes hospital bills, doctor's fees, medication, rehabilitation costs, and other related expenses.

Lost Wages

If the victim has to take time off work or is unable to work due to the injury, they may be entitled to compensation for lost wages. This compensation covers the income lost during the recovery period and any future loss of income due to the injury.

Property Damage

If the injury has caused damage to the victim's property, such as a vehicle, compensation may be awarded to cover the repair or replacement costs.

Comparative Negligence

If the victim is found to be partially responsible for the accident that caused the injury, the compensation amount may be reduced. This is known as contributory negligence and is a common defense used by the defendant to reduce the amount of compensation.

Time Limitations

Personal injury claims must be filed within a certain time frame, known as the statute of limitations. If the claim is not filed within this time frame, the victim may lose their right to compensation.


The jurisdiction in which the case is filed also affects the compensation amount. Different jurisdictions have different laws and regulations that govern personal injury claims, which can affect the compensation awarded.

Insurance Coverage

The insurance coverage of the defendant also affects the compensation amount. If the defendant has adequate insurance coverage, the victim may be able to receive a higher compensation amount.

Defendant's Ability to Pay

If the defendant is unable to pay the full compensation amount, the victim may receive a lower amount. This is because the court takes into consideration the defendant's financial situation while determining the compensation amount.

Emotional Distress and Punitive Damages

In some cases, compensation may be awarded for emotional distress caused by the injury. This includes anxiety, trauma, and other psychological effects of the injury. Punitive damages may also be awarded. Punitive damages are intended to punish the defendant for their actions and deter them from similar behavior in the future. However, punitive damages are not awarded in every case and are typically only awarded in cases where the defendant's behavior was particularly reckless like drunk driving.

Quality of Legal Representation

The quality of legal representation can also play a role in the compensation amount. A skilled and experienced personal injury attorney can negotiate a higher settlement or present a stronger case in court, leading to a higher compensation amount for the plaintiff.

It is important to note that every personal injury case is unique, and the factors that impact the compensation amount can vary widely depending on the specifics of the case. As such, it is important to consult with a personal injury attorney who can evaluate the specific circumstances of your case and provide guidance on what compensation you may be entitled to.

Uncategorized https://www.pdjlawfirm.org/blog/factors-that-affect-personal-injury-claim-compensation/ https://www.pdjlawfirm.org/blog/factors-that-affect-personal-injury-claim-compensation/ Editor Mon, 24 Apr 2023 02:48:36 -0400
Why Was My Worker's Comp Claim Declined?

Filing for workers' compensation can be a stressful and confusing process, especially if your claim is denied. Unfortunately, many workers' compensation claims are denied for a variety of reasons. If your claim is denied, it's important to understand why and what steps you can take to appeal the decision.

Reasons a Worker's Compensation Claim May By Declined

Despite the protections offered by workers' compensation, claims are not always approved. There are several reasons why a workers' compensation claim may be denied, including failure to report the injury or illness in a timely manner, lack of sufficient medical evidence, failure to comply with medical treatment, pre-existing conditions, and disputes over the cause of the injury or illness.

Failure to Report the Injury in a Timely Manner

One of the most common reasons why a workers' compensation claim is denied is the failure to report the injury or illness in a timely manner. Many states require that an injury or illness be reported within a certain period of time, such as within 30 days of the injury. If you do not report the injury within this timeframe, your claim may be denied. It is essential to report any injury or illness as soon as possible to ensure that you are eligible for workers' compensation benefits.

Lack of Evidence

Another common reason why a workers' compensation claim may be denied is the lack of evidence to support the claim. You will need to provide evidence to prove that the injury or illness was caused by your jobs, such as medical records, witness statements, or other documentation. If you cannot provide sufficient evidence, your claim may be denied. It is important to gather as much evidence as possible to support your claim, including medical reports, photographs, and witness statements.

Pre-Existing Conditions

If you have a pre-existing condition that is aggravated by your job, you may still be eligible for workers' compensation benefits. However, if your employer can show that the condition was pre-existing and not caused by your job, your claim may be denied. It is important to disclose any pre-existing conditions to your employer and workers' compensation insurer to ensure that you receive the appropriate benefits.

Violation of Employer Policies

If your injury or illness was caused by your violation of company policies or procedures, your claim may be denied. For example, if you were injured while under the influence of drugs or alcohol, your claim may be denied. It is important to follow all company policies and procedures to avoid any potential denial of your workers' compensation claim.

Independent Medical Examination (IME)

In some cases, your employer or the workers' compensation insurer may require you to undergo an independent medical examination (IME). The purpose of this examination is to verify your injury or illness and to determine your eligibility for benefits. If the doctor conducting the IME determines that your injury or illness is not work-related, your claim may be denied. It is important to cooperate with the IME process and to provide all necessary information to ensure that your claim is approved.

Missed Deadlines

Workers' compensation claims have strict deadlines that must be followed. If you miss any deadlines, such as filing a claim or submitting documentation, your claim may be denied. It is important to understand the deadlines associated with your claim and to ensure that you meet all of them to avoid any potential denial of your benefits.

Disputed Claims

Sometimes, a workers' compensation claim may be denied simply because the employer or workers' compensation insurer disputes the claim. In these cases, you may need to seek legal representation to ensure that your rights are protected and that you receive the compensation you deserve. An experienced workers' comp lawyer can help you navigate the claims process, gather evidence, and fight for your rights.

What to Do After a Workers' Comp Claim Denial

If your workers' compensation claim is denied, you have the option to appeal the decision. The appeals process varies depending on the state but generally involves filing an appeal within a certain timeframe and attending a hearing with a workers' compensation judge.

During the hearing, you will have the opportunity to present evidence and argue your case. If the judge rules in your favor, you may be awarded the benefits you originally requested. However, if the judge upholds the denial, you may still have other legal options, such as filing a lawsuit or seeking mediation. While the appeals process can be daunting, it's important to remember that a denial is not the end of the road and that you still have options available to you.

Uncategorized https://www.pdjlawfirm.org/blog/why-was-my-workers-comp-claim-declined/ https://www.pdjlawfirm.org/blog/why-was-my-workers-comp-claim-declined/ Editor Tue, 18 Apr 2023 03:44:57 -0400
National Car Crash Settlement Amounts In The United States

If you’ve been in a car accident and suffered injuries, you’d be relieved to hear that you’re likely entitled to compensation. In the US, the average settlement amount for serious car crash accidents is approximately $41,783, according to Brown &Crouppen. In the case of minor injuries, the amount is much lower, between $10,000-15,000. And even in those cases, a car accident attorney can help you get the maximum amount in settlement.

According to the Centers for Disease Control and Prevention, deaths from traffic crashes with collective medical and lost wages come to a whopping $55 billion per year! If that wasn’t enough, there’s data that suggests people with car crash lawyers get 3.5 times more compensation than those without a lawyer.

Additional car accident settlement values

Note that these averages don’t necessarily represent the standard settlement amount for every case. The circumstances surrounding each incident are unique as much as the characteristics of the vehicles involved. Be it a motorcycle, truck, or car accident claim. In conclusion, we can say that settlement amounts depend on many factors, among which the extent of injuries suffered plays the most prominent determining role.

  • Average car accident settlement: $41,783.00
  • Average truck accident settlement: $42,909.88
  • Average motorcycle accident settlement: $67,564.31

What are the factors that determine the car accident settlement amounts?

While some factors may vary from state to state, most of the ones mentioned here are standard.

  1. Insurance policy coverage

In states such as Illinois, Kansas, and Missouri, the insurance coverage requirement is $25,000 per person and $50,000 per accident. Most states also require coverage for uninsured motorists if an accident does happen with someone who’s not insured. Here also, the amounts are $25,000 per person and $50,000 per accident. The insurance policy of the driver and the insurance providers have a massive influence on how car accident settlements are processed.

  1. Liability

In most states, drivers are required to possess liability insurance as compensation is paid to victims when the policyholder is at fault. The victim may recover costs incurred in medical bills, injuries and property damage that were a result of the car accident. If the fault cannot be determined, getting a settlement becomes significantly more challenging, and as a result, both parties may have to compromise or take the case to trial.

  1. Severity of injuries

The severity of injuries is the biggest factor that determines the payout of a car crash settlement case. Obviously, a crash that caused serious injuries is likely to be higher stakes with bigger settlement amounts in comparison to a case that involves moderate to minor injuries. This is because serious, life-threatening injuries have adverse effects on the victim, leading to lost wages, loss of lifestyle, and continued medical needs.

A person might even have to spend up to $57,000 in medical expenses if hospitalization is required. So, you can understand why it’s essential to obtain the proper medical care and save the medical bills proactively.

  1. Financial loss

Financial loss is another major factor that determines how much a car crash settlement is worth. Financial loss includes medical expenses to treat injuries, damage to property, pain and suffering, and lost wages that might occur from missing work due to injuries. The scope of what is considered to be a ‘financial loss’ is extensive, and it’s best that you let your attorney do the assessment.

  1. State laws

Each state has unique laws about traffic, insurance coverage, and governing policies that address how car accident claims are to be treated based on which party is at fault and to what extent. If you have an attorney, they’ll be able to clarify which state laws will affect your claim and the necessary steps to take concerning getting a settlement or filing a lawsuit. You should only hire a lawyer that belongs to your state and is well-versed in local laws.

How are car accident settlements calculated?

Regardless of how much your claim is worth, the amount you’re likely to receive at most depends on the insurance provider and the at-fault party’s insurance coverage. The common factors that are used to calculate car crash settlements include, but are not limited to:

  • Severity of injury
  • Pain and suffering
  • Current and future medical expenses
  • Lost wages
  • Fault and negligence

If your injury has happened due to the negligence of an uninsured individual, they may not have the means to pay for damages. In that case, you’re out of luck. However, if the at-fault person is insured, then you can only recover in settlement the amount that’s set by their insurance policy. The limit of every person’s insurance policy depends on how much coverage they can afford.

What if there’s no settlement offered?

The chances of that happening are very slim as settlements happen to be the most common outcome in car crash injury cases. That’s because insurance companies don’t want to go through the ordeal of a lawsuit, where they will have to spend more for a not-so-guaranteed outcome. According to a Martindale-Nolo survey, it was found that 98% of car crash victims recovered their compensation through an out-of-court settlement rather than a lawsuit.

Car accident settlements also don’t take much time to conclude, whereas a lawsuit could drag on for months. Your personal injury attorney will only think about initiating a lawsuit when all negotiations fail, and going to court remains the only way to get you justice. With a good lawyer by your side, you can be confident of fair representation and an honest verdict from the jury.

Uncategorized https://www.pdjlawfirm.org/blog/national-car-crash-settlement-amounts-in-the-united-states/ https://www.pdjlawfirm.org/blog/national-car-crash-settlement-amounts-in-the-united-states/ Editor Tue, 11 Apr 2023 08:31:11 -0400
What Laws Do the Police Have to Obey? It is a common misconception among the public who do not possess a full understanding of the law that police officers can operate outside the legal system in their daily practice. This could not be further from the truth, as all American police officers must obey and abide by the rules of law set out in the constitution. In addition, their conduct and how they put into practice their policing activities are heavily scrutinized and monitored. For example, in the United Kingdom, police officers who are suspected of not acting legally when serving the public can be investigated by the Police Complaints Commission. In this article, it is recognized that serving police officers must uphold the law in their daily duties. Three key situations are explored in detail with information on the conduct and actions that are legally expected by law enforcement professionals.

Reading the Miranda Rights

The Miranda Rights are read out to people who are being arrested by the police so that they may be taken to a police station for further questioning, information gathering, and interrogation. The Miranda Rights commonly consist of the following statement being read out by the police officer: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” These rights only come into effect after the arrest has been formally made. A police officer can ask the suspect questions before reading them their rights, but these take place voluntarily and the person is free to leave until the point of being arrested. It is important to realize that at a certain point during an investigation, the police officer is required to read the Miranda Rights. If they do not do it at a suitable point, the information that they gather without this right being issued may mean that any evidence in court becomes inadmissible. In some circumstances, this can directly affect the outcome of a trial.

When Entering a Private Property

In most cases, the police force must have a warrant issued to legally come into a person's home without their expressed prior permission. Warrants are typically issued when there is suitable evidence held by the police to arrest and subsequently prosecute an individual. In recent years in America, there has been an increase in the use of “no knock” warrants being issued, which allow police to enter a person's home with forced entry and without warning. However, in these circumstances, there must be a reasonable assumption that the individual poses a high risk to police officers, may destroy vital evidence if alerted to a police presence, or may try to escape justice. However, “no knock” warrants are controversial and can lead to civil action being taken against the police if there are no proven grounds for this warrant. Today, you can find attorneys for no knock warrant incidents if you believe that your premises have been entered in such a manner without reason. Legal action can then take place, and if the police are found to be at fault, compensation may be payable to the individual.

On the Road

As a final example, it is important to understand that police officers cannot drive at any speed they wish whilst on routine patrol duties. As with any other citizen, they must obey the relevant road traffic laws that are applicable in their country. The only exceptions to these are when the police officer is responding to an emergency call or in pursuit of a suspected criminal. Even in these circumstances, they must drive with due care and attention, even if they are not subject to the usual speed limits for each road.

Uncategorized https://www.pdjlawfirm.org/blog/what-laws-do-the-police-have-to-obey/ https://www.pdjlawfirm.org/blog/what-laws-do-the-police-have-to-obey/ Editor Mon, 06 Mar 2023 21:49:46 -0500
Finding The Right Representation: A Guide To Immigration Lawyers It pays to consult a competent and experienced professional who can offer trustworthy legal counsel catered directly to your individual needs while dealing with the complexity of an immigration issue. Immigration law can be intimidating and difficult; there are many potential outcomes that could result in success or failure. Finding solutions fast while increasing your chances of successful outcomes requires research and the selection of a qualified attorney. Here are some of the factors to take into account when seeking for a reputable immigration lawyer:


You have a better chance of achieving your desired result if the attorney has more expertise handling situations similar to yours. You should seek out immigration attorneys with the required skills to help you ensure that all of your forms are properly filled out and submitted on time. Experienced immigration lawyers should also be aware of the duration of each phase in order to foresee any delays or problems before they occur.


You could require a lawyer who specializes in particular areas of immigration law depending on your circumstances. Immigration attorneys are knowledgeable on the most recent laws as well as any modifications to immigration policy. They can assist with visa, green card, and other applications for permanent residency.Additionally, they are well-versed in immigration-related case law, which can help to guarantee that your case is handled accurately and effectively.


Although there may be methods to find an attorney who will work within your budget, immigration law can be very expensive. Request an estimate from the attorney for their fees so you may compare it to other estimates and what other attorneys are charging.

Management Of Cases

A competent immigration attorney will be well-organized and able to keep track of all the paperwork, deadlines, filings, and other details pertaining to your case. Make certain they are using effective procedures that enable them to stay on top of things. A good solution depends on having an experienced lawyer who can offer extensive guidance on the numerous legal issues involved in your case.


You should feel at ease asking the lawyer questions regarding your case and receiving timely responses. When necessary, the lawyer should also be reachable via phone or email. In fact, effective communication is essential for giving you accurate advice on how to handle your case and for providing updates when the law or your specific circumstance has changed.

Finding a good immigration lawyer can be difficult, but it's crucial to take your time and do your research. You should be able to discover a superb immigration lawyer who suits your needs and who you can trust if you keep these suggestions in mind.

Check Reviews

You check reviews before buying a product, so there's no excuse not to do the same when hiring a company. You may look for reviews of an immigration law company on Facebook and Google. There may always be a few unhappy clients, but if the evaluations are mostly positive and the average rating is five stars, this law company is likely doing a good job.

Uncategorized https://www.pdjlawfirm.org/blog/finding-the-right-representation-a-guide-to-immigration-lawyers/ https://www.pdjlawfirm.org/blog/finding-the-right-representation-a-guide-to-immigration-lawyers/ Editor Sun, 26 Feb 2023 22:01:08 -0500
The Top Immigration Lawyers In New Zealand: A Comprehensive Guide There are many benefits of getting in touch with an immigration lawyer because they have all the experience that you need. If you do not have the experience then it is not going to be possible for you to take all the immigration cases by yourself.

Immigration cases are very complicated and take a lot of time sometimes. It is complicated because it involves a lengthy process and every country and state have its own rules and regulations. If you are not aware of the rules and regulations of the state that you are currently living in then it is going to be an issue for you to get the immigration process completed all by yourself.

So if you don't have all the experience that you need to bring forward your case then it is the right time for you to get in touch with an immigration attorney. They will provide you with many benefits and then you will not have to worry about anything when it comes to your case.

In this article, we will discuss the top immigration lawyers in New Zealand and also provide you with a comprehensive guide on what you need to know about them. So, without any further wait keep on reading to find out more information below about top immigration lawyers.

 1. Transparency

Whenever you are getting an immigration lawyer for yourself this is the first thing that you need to make sure of. Make sure that you ask them about the transparency and how transparent they are going to be with you. If there willing to provide you access to your file without charging anything extra then you can trust them because they are going to be very helpful to you. However, are they are not giving you access to your file then there is something wrong and you should not be working with them in the long run.

 2. Fees

It is also another important thing that you need to know whenever you are working with an immigration lawyer. That you ask them how much they are going to charge at the start. It is to make sure that there are not going to be any hidden charges in your case and then you are going to be stuck and you will have to pay the money.

 3. Experience

Make sure that you are always working with an experienced immigration lawyer. You need to ask him how many years of experience they have in dealing with cases that are similar to yours. This will give you an idea of whether they are the right way for you are not and then you will find out whether you should be working with them in the first place or not.

 4. Skills

Your immigration lawyer needs to have the right skills and experience and then you should choose them for working with you otherwise they are just going to be a waste of time for you. So make sure that they have the right skills.

Uncategorized https://www.pdjlawfirm.org/blog/the-top-immigration-lawyers-in-new-zealand-a-comprehensive-guide/ https://www.pdjlawfirm.org/blog/the-top-immigration-lawyers-in-new-zealand-a-comprehensive-guide/ Editor Thu, 16 Feb 2023 09:38:52 -0500
5 Things to Do If a Moving Company Damages Your House and Denies It Even the most well-trained movers can sometimes accidentally damage your home. The heavy furniture, awkward boxes and long days at work can all add up to dents, scratches or scuff marks.

When this happens, there are a few things to do. These 5 tips can help you recoup some of your lost belongings and get your peace of mind back.

Document the damage with photos or videos

As the saying goes, “A picture is worth a thousand words.” When your home has been damaged by the company you hire, start recording the evidence. Start at the front door and go room to room, taking pictures of everything that has been affected and don’t forget the outside building itself.

Documenting the damage is a very important part of the claim process. It will help the insurance claims agent paint a full picture of what is damaged or missing.

Notify the moving company

If you suspect that your belongings have been damaged during the move, don’t hesitate to call the moving company representative and request they take full responsibility. This will help speed up the claims process and make sure that the movers are aware of the problem as soon as possible.

In addition, send them the documented pictures of the damage that you have surveyed. This is important because it shows that the items were damaged during the move and can help you prove that your claims are valid.

Before hiring a Brisbane moving company, it is essential to check their licenses and reputation online. Look for a company that has an extensive service area and years of experience, as well as positive reviews and a minimal number of complaints.

File a complaint with FMSCA

In Amercica, you can file a complaint with the Federal Motor Carrier Safety Administration (FMCSA). In Australia that would be Australian Furniture Removers Association. (AFRA).These agencies are responsible for regulating truck companies and their drivers.

The agency’s mission is to minimize crashes, injuries and fatalities caused by commercial motor vehicles. It does this by enforcing regulations, educating motor carriers and drivers, implementing safety programs, and researching technology.

It also collects and analyzes data about trucking company and driver safety.

FMCSA also maintains an online interface, known as the National Consumer Complaint Database, where consumers, drivers and others can file complaints against unsafe or unscrupulous companies. It also helps identify motor carriers, brokers and auto transporters who are reported to have engaged in violations of the commercial regulations.

Contact your home insurance company

It’s important to contact your home insurance company as soon as possible after the damage is discovered. The sooner the company gets your information, the faster they can investigate with the moving company and the quicker the claim can be filed and settled for you.

It is also crucial to keep track of all the phone calls and conversations you have during the process. This is because each of these should be recorded by the insurance company and will be used when you get updates to you claim or apply for a new policy.

Standard homeowners insurance policies typically include a variety of coverages for the structure of your house and personal belongings. They cover a range of perils such as fire, theft, wind and hail. They also cover medical costs and legal fees if you or someone in your household is sued for bodily injury or property damage.

Consider Hiring a lawyer

When dealing with a legal issue, it is critical to find a lawyer who has the experience and expertise to handle your case. If the moving company is not taking responsibility, you can take your documented evidence to a lawyer who will use it against the company and help you achieve your desired outcome. When it comes to property damage of significant value, hiring a lawyer equipped to handle your case and by your side would help you increase your chances of recouping your loss against the company who denies responsibility.

A good attorney will take the time to listen to your concerns and explain how your situation is relevant to the law. They will also be able to provide you with advice on how to deal with your situation and how to move forward.

When selecting an attorney, consider their qualifications and cost. Ask for a quote and inquire about their billing method (hourly, flat rate, contingency fee, etc.) and find out if it includes disbursements (such as filing fees, overnight courier charges, or travel).

Uncategorized https://www.pdjlawfirm.org/blog/5-things-to-do-if-a-moving-company-damages-your-house-and-denies-it/ https://www.pdjlawfirm.org/blog/5-things-to-do-if-a-moving-company-damages-your-house-and-denies-it/ Editor Thu, 09 Feb 2023 08:43:25 -0500
What Does the SSA Want to Know in Order to Award Me Disability Benefits? A legal consultant like Jon Sipes, social security disability attorney in El Paso, helps folks with disabilities to absolutely understand the complexities of the SSDI process. The most important factor involved in getting Social Security Disability Attorney in El Paso Texas benefits awarded to you, is that the SSA needs to verify that you indeed have a qualifying incapacity to work, either at your current job or even a different job. Your disability should have an effect on your skill to work and performance every day. The SSA will also want to establish how the impairment or illness may forestall you from having the ability to work over the next 12 months. They’ll look at the physical results of your impairment, things you can and cannot do – the way these impairments effect your routines and daily life.

The less you'll be able to work, the greater the possibility that you will be accepted for disability benefits. When an individual becomes unable to work, it could be a most devastating time of their life. There are numerous questions and unknowns when it becomes necessary to change out of the workforce attributable to medical preventions. Whereas an employer would possibly present transient or long-term incapacity benefits, most people confronted with the inability to work can and may file for advantages with Social Safety.

The SSA can even ask what sort of labor you’ve finished previously. They’ll additionally inquire about your degree of training and coaching. And the SSA will attempt to consider the severity of your sickness and whether or not or not it’s anticipated to enhance. It's possible you'll be requested about your potential to look after your self or do every day actions, corresponding to cooking, procuring, cleansing, and many others. It's possible you'll be requested how lengthy you’re in a position to sit, stroll, or stand or how a lot you'll be able to carry. The much less physical stamina you will have, the extra unlikely you’ll have the ability to maintain down a job. Should you’re unable to carry out essentially the most routine every day duties, the SSA would possibly see that working would even be troublesome for you. In case your incapacity is because of a psychological sickness or situation, the SSA could ask about your potential to get together along well others. You might also be asked about uncontrollable outbursts of emotion.

The objective of this is to establish whether you are employable and able to work in the area you have experience and training with. If your disability prevents you from working those jobs, it will likely help your case. A successful disability benefits claim is usually about proving that your medical situation is prone to persist for no less than 12 months. This normally means offering ample medical proof. For those who work with a legal professional, they are able to enable you to collect all of the necessary medical proof to win your claim and avoid falling into a position of getting your claim denied and having to resort to submitting an appeal.

To prepare for your application, start by collecting any and all the medical proofs that pertain to your condition. You will need to gather all doctors notes and letters, medical data and records, hospitalization and surgery information, documentation of the medications you are taking, and so on. All of this information is vitally necessary to ascertain the extent of your incapacity. These all will establish and verify your condition and they should show that it is virtually impossible for you to perform your former duties nor or later. It is important also to explain the ways in which your inability to work has both challenged and changed your life.

The SSA can also ask about the circumstances of your loved ones and family. They will need to understand your living conditions and the relationships in your household and how these dynamics effect your condition. They could ask questions similar to marital standing, variety of youngsters, who you reside with in your house and any historical past of military service. The SSA might also request identification about members of the family such as social security numbers.

El Paso Attorney Jon Sipes has copious expertise about the SSA’s rules and regulations and he can assist with getting the necessary medical information or extra info needed to help your claim the benefits you need.  Jon Sips is also adept at requesting a hearing by the Appeals Council to reconsider denial. It’s essential to have representation at the beginning of your application process in order to enhance your possibilities of getting an SSDI approval.

Uncategorized https://www.pdjlawfirm.org/blog/what-does-the-ssa-want-to-know-in-order-to-award-me-disability-benefits/ https://www.pdjlawfirm.org/blog/what-does-the-ssa-want-to-know-in-order-to-award-me-disability-benefits/ Editor Sat, 21 Jan 2023 01:36:16 -0500
What Kind of Damages can be Compensated in Accident Claims? Car accidents are always unfortunate events and are often complicated by the many different parties involved in a collision. When it comes time to seek damages you may be able to file a car accident claim, which will entitle you to compensation for any losses and associated debts that stem from your accident. However, you might need to hire a Sacramento car accident lawyer if you want to ensure that you get maximum compensation for the damages involved.

We will now see into different kinds of damages that can be compensated in a car accident claim in Sacramento.

  • Medical expenses

These cover the cost of medical treatment following a car accident, including the cost of any medications and doctor visits. If you were injured in a car accident and had to go to the hospital for any medical treatment, you are entitled to compensation for the medical bills that were incurred as a result. Depending on how serious your injuries were, your bill could include X-ray services, an overnight stay in the hospital, and even doctor's fees on top of hospital charges.

  • Rehabilitative and physical therapy

If you suffered a serious car accident injury that required some type of physical therapy, you may be able to receive compensation for these costs as well. Physical therapy and rehabilitative treatments are important in managing your injuries following a car crash. 

  • Pain and suffering

If you sustained a significant injury in a car accident that left you with chronic pain, you may be able to receive compensation for these costs. Pain and suffering awards can be costly, and only a competent attorney will be able to get you of your entitlement to such amounts of compensation.

  • Loss of earning capacity

If you've been unable to do your job because of a car accident, you will most likely be getting compensated for your loss of earning capacity. This means that you are entitled to financial compensation for how much money you were not able to make as a result of an accident.

  • Property damages

Car accidents can be very destructive and will often result in damage to your property. Whether it is your vehicle that was involved in an accident or a property outside of your car, you are entitled to compensation for any losses or damages sustained because of a collision.

Uncategorized https://www.pdjlawfirm.org/blog/what-kind-of-damages-can-be-compensated-in-accident-claims/ https://www.pdjlawfirm.org/blog/what-kind-of-damages-can-be-compensated-in-accident-claims/ Editor Sat, 31 Dec 2022 02:19:06 -0500
What To Do If The At-Fault Truck Driver Claims Brake Failure? When a truck driver causes an accident, they will try to avoid liability by making claims which can defer fault to another party. For example, a driver who hits another car from behind may claim that the other driver slammed on the brakes without warning, causing the following driver to crash into the back of the other vehicle. Also, the driver may claim that they were not speeding, that the other driver was speeding, or that the road was not well-maintained. 

If the driver who was hit does not have dashcam footage that captures the moments leading up to the crash, the at-fault driver's claims may be difficult to refute. Therefore, contacting a car accident attorney in Los Angeles is essential. 

What to do if the at-fault truck driver claims brake failure?

Brake failure is one of the most common and potentially deadliest maintenance issues a truck or trailer can have. Though there are many causes of brake failure, here are the most common.

  • Lack of maintenance

Brake shoes, slack adjusters, drums, rotors, calipers, and hoses must be inspected regularly, and they all need to be replaced as they wear out. The air in the brake system also needs to be replaced periodically, as moisture can cause corrosion, which leads to other issues.

  • Improper installation

This is one of the most common causes of brake failure. The result can be catastrophic if a mechanic does not properly install a brake drum, rotor, or caliper.

  • Loose parts

Brake shoes, drums, rotors, and calipers can come loose for various reasons. If that happens, you need to fix the issue immediately.

  • Faulty parts

Not all parts are created equal, and some brake parts are simply more prone to failure than others. If you suspect a part is faulty, it is best to replace it as soon as possible.

The case may become more complicated if the at-fault driver claims brake failure. The driver may claim that they could not have avoided the accident, even if they had been driving more carefully. In this situation, it may be more challenging to prove that the driver was at fault may be more difficult.

If you are involved in a truck accident, the first step is to contact an experienced truck accident lawyer. An experienced truck accident lawyer can investigate the accident and determine whether the truck driver's brake failure claim is valid. The lawyer can help you recover damages from the truck driver and the trucking company if the claim is valid.

Uncategorized https://www.pdjlawfirm.org/blog/what-to-do-if-the-at-fault-truck-driver-claims-brake-failure/ https://www.pdjlawfirm.org/blog/what-to-do-if-the-at-fault-truck-driver-claims-brake-failure/ Editor Fri, 11 Nov 2022 23:37:56 -0500
Personal Injury Accidents involving Door-Dash Delivery Partners Delivery partners typically need to enter a range of locations in order to do their jobs. They may enter eateries, supermarkets, or customer premises to conduct pick-ups and drop-offs. Pick-ups and drop-offs are typically straightforward, but occasionally there might be a lot of mishaps that injure delivery drivers.

While inside shops, eateries, supermarkets, and customers' houses, DoorDash delivery personnel may experience slip-and-fall accidents, dog bites, events involving fallen objects, and other mishaps. If you ever get into an accident, make sure that you contact an attorney,  as they can give you the best help. You can also click here to learn more. 

Various incidents that can take place:

Unfortunately, DoorDash delivery employees frequently put themselves in danger by going about daily business. Take a look at some of the mishaps that delivery drivers could encounter:

1. Accidents involving slipping and falling

While on the premises of shops, restaurants, supermarkets, and customers' houses, delivery drivers may drop due to hazards on floors and pathways, including damp flooring, spilled goods, trip hazards, leaks, and other hazards. Drivers who err can fall and get hurt if they slip.

2. Trip and fall injuries and fatalities

When a delivery driver is on the premises of a customer's home, supermarket, restaurant, or store, dangers on floors and sidewalks, such as but not restricted to ill-placed mats, torn carpet padding, frayed wires, missing tiles, unequal walkways, and cracked concrete, can lead to a trip and fall.

3. Incidents involving falling objects

Elevated risks include large items on shelves, and things hung on walls. Things hung from the ceiling (such as fans or lights) might unexpectedly fall onto drivers who are merely passing by or coming to pick up or deliver their orders.

4. Dog bites

Since dogs are among the most popular pets, they frequently pose a serious risk to delivery drivers. When delivering orders to customers' homes, delivery personnel frequently come across dogs. Dog bites to delivery people can occur when customers neglect to notify that there is still a dog on the premises, fail to control the dog, or just ignore any hostility.

These situations could cause numerous injuries. Accidents involving slipping, falling, and hitting one's head, neck, back, or spine can cause broken bones, sprains, strains, hip fractures, pelvic fractures, and other injuries.

DoorDash's delivery people should investigate their legal options for filing personal injury lawsuits against the person or organization responsible for the occurrence, regardless of the details of the incident and the damages sustained.

To get the desired compensation, speak to an experienced personal injury attorney in Houston today!

Uncategorized https://www.pdjlawfirm.org/blog/personal-injury-accidents-involving-door-dash-delivery-partners/ https://www.pdjlawfirm.org/blog/personal-injury-accidents-involving-door-dash-delivery-partners/ Editor Tue, 04 Oct 2022 08:20:47 -0400
Protecting Assets while Qualifying for Government Benefits When the health of a spouse, parent or loved one declines, you may start educating yourself on the public benefits. If the individual's health has declined so that they require daily assistance with personal care tasks, or can no longer live safely at home, families may engage in crisis planning to access government benefits quickly, while also preserving assets. If you have an estate lawyer, with knowledge of laws in your state they may be able to guide you in this process. In addition, many caregivers begin by learning the difference between Medicare and Medicaid and which program covers long-term care. 

Medicare vs. Medicaid: Similarities and Differences

With such similar sounding names, many Americans mistake Medicare and Medicaid programs for one another, or presume the programs are as similar as their names. While both are government-run programs, there are many important differences. Medicare provides senior citizens, the disabled and the blind with medical benefits. Medicaid, on the other hand, provides healthcare benefits for those with little to no income.

Overview of Medicare

Medicare is a public health insurance program for Americans who are 65 or older. The program does not cover long-term care, but can cover payments for certain rehabilitation treatments. For example, if a Medicare patient is admitted to a hospital for at least three days and is subsequently admitted to a skilled nursing facility, Medicare may cover some of those payments. However, Medicare payments for such care and treatment will cease after 100 days.

In summary:

  • Medicare provides health insurance for those aged 65 and older
  • Medicare is regulated under federal law, and is applied uniformly throughout the United States
  • Medicare pays for up to 100 days of care in a skilled nursing facility
  • Medicare pays for hospital care and medically necessary treatments and services
  • Medicare does not pay for long-term care
  • To be eligible for Medicare, you generally must have paid into the system

Overview of Medicaid

Medicaid is a state-run program, funded by both the federal and state governments. Because Medicaid is administered by the state, the requirements and procedures vary across state lines and you must look to the law in your area for specific eligibility rules. The federal government issues Medicaid guidelines, but each state gets to determine how the guidelines will be implemented.

In summary:

  • Medicaid is a health care program based on financial need
  • Medicaid is regulated under state law, which varies from state to state
  • Medicaid will cover long-term care

An estate attorney with knowledge of your state’s law’s will be able to provide additional advice on how to use government assets and strategies for preserving assets. These strategies may include purchasing excluded property, converting assets to income for the community spouse, creating a college education fund for a grandchild, utilizing a testamentary trust for a spouse, a living trust, or gifting property to a special needs trust for the benefit of a recipient of Supplemental Security Income or Social Security Disability. 

Uncategorized https://www.pdjlawfirm.org/blog/protecting-assets-while-qualifying-for-government-benefits/ https://www.pdjlawfirm.org/blog/protecting-assets-while-qualifying-for-government-benefits/ Editor Sun, 11 Sep 2022 00:03:56 -0400
How Miami Car Accident Attorney Can Protect Your Rights If you are injured, you may be entitled to compensation involved associated with a car accident. You must be aware of your legal rights. and obligations and what the possible outcomes might be. Here are some insights on how Miami car accident attorneys can help protect your rights.

Helping you understand the law and what steps you can take if you feel like there's been wrongdoing.

You may be liable for compensation if you've been injured in a car crash. A skilled vehicle accident lawyer can assist you. If you have been injured in Miami, learn more and contact an experienced attorney today. Understand your rights and protect your rights.

What happens when you are involved in a car accident?

Many things can go wrong in a car accident, from collisions with other vehicles to sideswipes. An automobile collision might have severe serious repercussions, and you must know your rights if you're involved. Miami car accident attorneys can help protect your rights and will work to get you the compensation you deserve.

If you are engaged in a vehicle accident, you should be aware of the following:

  • You have the right to remain silent. You don't have to say anything to the police or prosecution if you don't want to.
  • Others have the right to treat you equally. If one driver is mistreated, you may have grounds for a lawsuit.
  • You have the right to receive medical attention if you are injured in the accident. Make sure you tell the other drivers where you're going and what kind of help you need.
  • You have the right to contact an attorney if you think your rights have been violated. An attorney can help protect your interests and ensure justice is done in the accident.

What types of cases does the Miami Car Accident Attorney handle?

Miami car accident lawyers handle various issues, from wrongful death to drunk driving. As a result, an attorney with experience in these areas can provide valuable guidance and support as you navigate the legal system.

If you were affected in a vehicle accident, it is essential to seek professional assistance as soon as possible. A Miami Car Accident Attorney can help protect your rights and ensure that the responsible party is held accountable for their actions.

How do you protect your rights if you have been in a car accident?

Knowing your rights and what you can do to protect yourself if you are involved in a vehicle accident is essential. A Miami car accident attorney can help coordinate the process and ensure that you are properly cared for.

Some things to keep in mind if you have been involved in a car accident include:

  • Always speak with an attorney before speaking to the police.
  • Make sure all witnesses are interviewed, and their statements are gathered. This information can be helpful when it comes to proving fault in the accident.
  • Try to get all your medical records. This knowledge can help you decide what to do during the accident, which could lead to a reduced settlement or even no settlement.

The Lawyer's Role in the Car Accident

Lawyer's role in a car accident case: a car accident lawyer can be essential in helping you safeguard your rights and obtain the best possible outcome in your case. Here are five facts that you should be aware of.

  1. The lawyer is responsible for providing legal representation to the client in a car accident case.
  2. The lawyer will help you gather evidence and information to support your case.
  3. The lawyer will help you decide how to proceed with your case.
  4. The lawyer will ensure that all parties involved in the car accident are treated fairly.
  5. The lawyer may file a claim on your behalf if you are injured in a car accident.
Uncategorized https://www.pdjlawfirm.org/blog/how-miami-car-accident-attorney-can-protect-your-rights/ https://www.pdjlawfirm.org/blog/how-miami-car-accident-attorney-can-protect-your-rights/ Editor Tue, 06 Sep 2022 23:21:27 -0400
All You Need to Know About Academic Dismissal Schools and colleges across the country are pretty strict and meticulous about academic performance and adhering to the school’s code of conduct. Students must ensure that they work hard to get good grades for themselves. However, some students get caught in the middle of the distractions that college life offers. This hampers their academic performance as well as other college-related activities. They struggle to maintain their performance and expectations from the school as well as the faculty. This leads to the academic dismissal of the student. Academic dismissal is nothing but expulsion from school. Also, you can appeal dismissal from school

What exactly is academic dismissal: Academic dismissal means the removal of a student from school or college due to their consistently unsatisfactory performance. In such cases, sometimes the complete degree of the student is canceled, and sometimes just the enrollment in the current school is canceled. In some institutions, the student is not allowed to enroll in future courses for at least twelve months. Broadly, any activity that is against the rules and regulations of the institute can lead to academic dismissal.

What leads to academic dismissal: Any activity that is against the code of conduct of the school can lead to academic dismissal. However, some common reasons that lead to it are:-

  • Failure to achieve the GPA required by the institute
  • Violation of rules of the institute
  • Failure to meet the class attendance
  • Academic misconduct like fraud, plagiarism, cheating in exams, etc.
  • Bullying
  • Sexual misconduct
  • Improper code of conduct by the school (In some instances, the school is at fault for giving incorrect grades, mistakes by the faculty while calculating GPA, etc.)
  • Extenuating circumstances like the unexpected death of a family member, financial crisis, etc. 

How to act if there are false allegations: In some cases, students might not be satisfied with the grounds of academic dismissal due to legitimate reasons. There might be instances where the school is at fault, like a mistake in the evaluation process of the student. Also, in some scenarios, the student is evaluated wrongly due to discriminatory behavior by the faculty. In a false allegation case, the student has every right to challenge the dismissal and file for an appeal.

If you have been dismissed from your college and feel that it was unfair, you have every right to challenge such dismissals and file an appeal against the college in court with the help of an academic dismissal appeals lawyer. The lawyer will ensure that you get a chance to pursue your studies without any hindrances. 

Uncategorized https://www.pdjlawfirm.org/blog/all-you-need-to-know-about-academic-dismissal/ https://www.pdjlawfirm.org/blog/all-you-need-to-know-about-academic-dismissal/ Editor Mon, 05 Sep 2022 09:39:49 -0400
Things to Consider when Getting a Divorce It is difficult to decide how to divide property between you and your former partner. The ultimate goal is to do it in a way that is fair for both parties and many times this can be achieved by hiring a family lawyer.

The aim of this article it’s to explain how a settlement agreement works.

What is a property settlement agreement?

Firstly when we refer to property in Family Law, this term includes assets and liabilities. 

A property settlement is a document that sets out how you and your ex-partner will divide up your property. 

There are two ways to go through this process depending on both parties' agreement.

Formalising property agreement without court

When both parties work out their own property settlement, It’s less time-consuming.

If you and your ex-partner agree on terms you can apply to the court for a consent order or make a binding financial agreement.

It is important to maintain realistic expectations when negotiating the agreement. The best way to do it is to seek independent legal and financial advice.

What happens when I apply for a consent order?

A Consent Order is made by the Federal Circuit and Family Court of Australia formalising an agreement reached between parties regarding separation about property matters.

A registered family lawyer will read the Application and Orders and decide If it’s equitable.

An Application for Consent Orders can be filed at any time after separation but must be filed within 12 months of a divorce or two years of the end of a de facto relationship.

You can obtain a consent order kit from the Family Court free of charge.

Making a binding financial agreement

A binding financial agreement is a contract between you and your ex-partner and there is no third party required to make it enforceable. It stipulates how property is to be divided between the parties.

If both parties agree to this contract then independent legal advice is required to draft up the Binding Financial Agreement so you and your ex-partner can review it and obtain legal advice about it.

Court ordered property settlement

If an agreement cannot be reached between the parties the next step for you is to file an application for property settlement in the appropriate Court. 

This can occur when both parties are not reaching any agreement or the other party is refusing to be reasonable.

This application must be within 12 months of your divorce becoming final.

Most property settlements are dealt with by either Federal Circuit Court or the Family Court.

Either way, don’t forget that when negotiating a proper settlement divorce lawyers offer extensive and expert advice and are wholly focused on helping you through these difficulties.

Uncategorized https://www.pdjlawfirm.org/blog/things-to-consider-when-getting-a-divorce/ https://www.pdjlawfirm.org/blog/things-to-consider-when-getting-a-divorce/ Editor Wed, 24 Aug 2022 23:53:39 -0400
What if I Contributed to My Injuries in My Personal Injury Case?

After you are injured, you may find yourself facing excess medical costs, time away from work, and even a loss of ability to return to your old job. Because these financial losses will continue to increase, you may explore your options for compensation. If, however, you partially contributed to your injury or you suspect you are partially to blame, you may wonder if that will eliminate your chances for compensation – especially if you did not cause the original accident.

The state of New York uses comparative negligence in personal injury cases. These laws dictate how the responsibility of an accident will be shared among the plaintiff and defendant when bodily injury or property damage has occurred. When both individuals contributed to the accident, comparative negligence will determine who receives compensation for financial losses and how much compensation they are entitled to.

For example, say you were speeding down the street and a person made a left-hand turn in front of you, causing a collision. Both of you contributed to the accident and, when comparative negligence is applied, it will determine who was more liable and the number of damages the injured party will receive.

Under NYC law, the plaintiff may recover damages only if they are considered less than 50 percent liable for the injuries or accident. For example, in your accident, you did not wear a seatbelt, but the other party was speeding and rear-ended your vehicle. Because you were not wearing a seatbelt, you experienced more severe injuries. Therefore, the courts determine that you are 20 percent liable for your injuries, but the defendant is 80 percent liable. Therefore, you can still collect compensation from the responsible party, but the defendant’s insurance company will only offer 80 percent of your total damages – since you are still 20 percent at fault yourself.

What if the Insurance Company Claims You Are more at Fault than You Really Are?

While comparative negligence is used in New York City, there is no standard for determining just how much a person is responsible for an accident. If the insurance company attempts to say you were partially responsible for the accident, you may have to negotiate your involvement percentage to receive the compensation you deserve.

Speak With an Attorney

Determining comparative negligence percentages or determining liability in a personal injury case – whether it is a car accident, slip and fall, etc. – is always complex. It is best that you speak with an attorney first before assuming you cannot collect for your injuries. The attorneys at Vacardipane & Pinnisi, PC assess your accident case, determine if you have a valid claim, and help you better understand the modified comparative negligence laws used in the state. Schedule a free consultation or fill out an online contact form with your legal questions.


Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey; a designation given to less than five percent of civil litigation attorneys in New Jersey upon demonstrating an extensive record of trying civil matters to verdict and thereafter passing a rigorous written examination on civil practice.

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Car Accidents: Attorneys Need Your Permission To Accept A Settlement One of the biggest concerns that you may have when hiring a personal injury attorney is whether he or she can accept a settlement without your consent. First of all, a good lawyer would never accept a car accident settlement without consulting with his or her client first.

Second, an attorney is legally obligated to present a settlement to you and give you the option to reject or accept – it is against the professional code of ethics to accept a settlement without consulting you first. If an attorney did so, he or she could face disciplinary action.

There are instances when your attorney could accept a settlement without your consent, but that would depend on the contractual agreement that you have with your attorney, and the circumstances of your case.

Consulting the Client

A personal injury attorney can never accept a settlement without the client’s consent – even if the proposed settlement is the amount that you were hoping for, the attorney must advise you of all facts, including:

  • The gross settlement amount
  • The prospective attorney’s fees
  • Hard costs
  • Medical costs (which will reimburse your insurer)
  • This information must be presented to you first so that you can see your net settlement amount and make an informed decision as to how much you really want to accept.

When Your Attorney Does Not Consult You

If your attorney accepts a settlement without discussing those terms with you, he or she has violated the fiduciary duty that was owed to you. Attorneys are meant to be trustworthy, and the state bar association holds attorneys to that level of trust with their clients. If an attorney takes advantage of the trust given to him or her by the client, the attorney is in breach of this duty. It is also an ethical violation, which can result in a report to the state bar association for disciplinary action.

When a settlement is accepted, the insurance company that offered the settlement will assume that the deal is done – and they may have already issued checks. This is when you will need to intervene and let them know that you did not consent to the settlement, and that it was accepted without your authorization. You will also need to find new representation – since the attorney whom you currently have is obviously not working in your best interest.

Exceptions to the Rule

There are instances where an attorney can accept a settlement without consent, such as:

  • You have given him or her written or verbal permission to accept or reject offers on your behalf.
  • You are unable to review the settlement agreement due to medical issues, and you have appointed your attorney as power of attorney.

Start with an Attorney You Can Trust

Attorneys are meant to be trustworthy. They are there to work as your advocate and ensure that you receive compensation for your injuries. If you have been injured in a crash, make sure that you hire an attorney with a reputation for honesty and integrity.

Most importantly, meet with that attorney and get to know him or her over a free consultation. This gives you a better idea of whether or not this attorney can represent your needs.

Uncategorized https://www.pdjlawfirm.org/blog/car-accidents-attorneys-need-your-permission-to-accept-a-settlement/ https://www.pdjlawfirm.org/blog/car-accidents-attorneys-need-your-permission-to-accept-a-settlement/ Editor Thu, 14 Jul 2022 23:37:02 -0400
What Are Prenuptial Agreements in Alabama? Arranging a wedding is an extremely thrilling time in somebody's life and getting ready for marriage is a difficult one. Many individuals don't think about a prenuptial arrangement, usually known as a prenup, but it can be a piece of their groundwork for an effective marriage. Notwithstanding, there are many advantages to a prenuptial understanding for the two potential spouses in a marriage.

The utilization of a prenuptial arrangement permits every person to clarify choices about property and resources without the profound cost of a divorce fast approaching them. A few circumstances where a prenuptial understanding is particularly advantageous are if either party has essentially more wealth than the other, if either party owns or plans to start a business, or if either party has children from a past relationship. In the event that you are interested in setting out the terms of any future divorce prior to the marriage, then a prenuptial agreement might be right for you.

            After a couple chooses to enter into a prenuptial arrangement, each party should make a rundown of the entirety of their property, resources, and obligations. Receptiveness and straightforwardness are required. If somebody somehow happened to lie or purposefully omit data during the making of the prenuptial agreement, then it could be void in a future divorce.

Most prenuptial agreement include the following:

  1. A breakdown of every one of the resources separately claimed before the marriage and what will happen to them in case of a divorce. As a rule, the couple commonly consent to keep anything possessed before the marriage separate from the other party in the event that the marriage were to be dissolved.
  2. Keep their debts and obligations prior to the marriage separate from each other. A prenuptial agreement ought to list all obligations and who is answerable for them. This incorporates individual obligations like student loans, hospital expenses, and vehicle loans, as well as any business obligations.
  3. In the event that there are kids from a past relationship, any legacy left to them explicitly ought to be addressed in the prenuptial agreement.

Prenuptial arrangements can be different depending upon the situation. One couple's arrangement might be totally not quite the same as one more depending on the necessities and needs of those included. While practically all prenuptial arrangements incorporate a rundown of resources, obligations, and children’s legacy, individual arrangements can be changed to fit the necessities of each couple. A few explicit terms that many couples choose to incorporate are an understanding about whether provision will be paid, and how much, on account of a challenged separate, the particular breakdown of all bills and which party is monetarily dependable, and a settlement on what occurs in case of movement because of one party's vocation.

            A postnuptial arrangement is practically indistinguishable from a prenuptial one. The main contrast is a prenuptial agreement is endorsed before the marriage and a postnuptial arrangement is endorsed after the marriage. Some of the time a couple that settles on a postnuptial understanding settled on it before the wedding but used up all available time to do a prenuptial arrangement. Every so often, a couple that has been hitched for a really long time might choose to consent to a postnuptial arrangement when their marriage is in a difficult situation and they are thinking about dissolving the marriage down the road. Regardless, postnuptial arrangements are an effective method for safeguarding every person after marriage should the parties not be able to consent to a prenuptial arrangement in time. If you want an agreement prepared, you should contact a postnuptial or prenuptial agreement attorney in Birmingham or wherever you live so they can walk you through the process.

Uncategorized https://www.pdjlawfirm.org/blog/what-are-prenuptial-agreements-in-alabama/ https://www.pdjlawfirm.org/blog/what-are-prenuptial-agreements-in-alabama/ Editor Sun, 01 May 2022 23:48:32 -0400
What you should know before hiring a personal injury lawyer

If perhaps you've been injured, and as such, intend to file a compensation claim, you may want to take your time picking the best personal injury lawyer that best suits your intent. Attorneys relevant to this even can not only help you file your claim correctly considering the attributed time limits but also help skyrocket your probability of winning your claim and getting compensated accordingly. Of course, this is no easy feat as it could be somewhat daunting. Thus, this article covers some practical steps that can aid your search for choosing a seasoned Philadelphia personal injury lawyer

5 practical tips for choosing a personal injury lawyer

Have a clear picture of what you are looking for

How? Create a checklist of necessary criteria. For instance, you may be looking to employ someone who works contingency-based remuneration or who requests a percentage of compensation without charging an upfront. Ensure that your list and criteria are as narrow as possible. Besides, the type of sustained injury should also be considered. Some, lawyers, attorneys are more experienced working with a form of personal injury as opposed to others. Thus, consider the extent of their experiences who specific cases before hiring.

A brief overview of criteria you may want to look out for

  • The law firm size
  • Past client experiences
  • Types of case
  • Track record and credentials
  • Access to resources

You can never go wrong with referrals

Suppose a lot of your friends have probably worked with an attorney pertinent to this event, ask them about their experiences working with such an individual. Ensure that you ask detailed questions to have a comprehensive overview of their assessment of such a person. Some key indicators you may want to pay attention to include their satisfaction level with the case’s outcome, responsiveness, and how helpful the law professional was, were their concerns heard? Did the efforts of the professional fully addressed their situation? If the case led to a trial, further ask them about the trial's experience.

A little research doesn't hurt

Asides from a referral, you can determine the legal practitioners which are most prominent in your state either with a simple google search or using online directories. For instance, with just a simple “Philadelphia personal injury attorney” search, you can access a record of top attornies in Philadelphia.

Experience, Accessibility, and size

Now, it’s time to consider the size of the firm you've chosen. Usually, a larger firm denotes more seamless access to experiences and resources; however, it could be at the expense of dedication to your case. Nonetheless, irrespective of the number of cases, the best firms usually manage the works appropriately. It is also essential to consider not only the experience of the firm but also the experience of individual attorneys within the firm. If they align with your objectives, then it's time to set up a consultation.

Setting up a consultation

After you’ve carefully reviewed your considerations, it’s time to call them for a consultation. This could attract a fee, but most Philadelphia personal injury lawyers provide free initial consultations. In the first meeting, you would be requested to shed more light on your case and give details pertaining to the incident the resulted in an injury, plus other essential accounts. To get you prepared for any scenario, we advise that you bring every documentation related to the case for them to review.

Uncategorized https://www.pdjlawfirm.org/blog/what-you-should-know-before-hiring-a-personal-injury-lawyer/ https://www.pdjlawfirm.org/blog/what-you-should-know-before-hiring-a-personal-injury-lawyer/ Editor Tue, 14 Sep 2021 03:06:21 -0400
Medical malpractice, when a lawsuit proceeds Do you think that the negligence of doctors, hospitals and other health professionals have caused serious complications and the death of one of your loved ones or have caused you serious injuries after an intervention? Then you can become a victim of medical malpractice.

Inevitable negligence can lead to fatal injury or death, although procedures cannot be postponed to compensate for the injury, poor medical procedures can hold one party liable and reimburse the other for any and all damages resulting therefrom.

Negative actions and non-compliance with the doctor's duties is the direct cause of the injury and therefore runs the risk of being sued for negligence.

There is talk of medical malpractice when a doctor or nurse who is a provider of physical health and well-being does not provide the medical care that corresponds to his patients. Depending on the degree of negligence, a healthcare professional can be sued for medical malpractice.

Investigation process for medical malpractice

Before filing a formal medical malpractice lawsuit on your own, you need to find legal advice from a personal injury lawyer. The steps to follow to obtain your reimbursement for this type of injury will depend on the following:


The injury attorney and his team of professionals will collect records related to your claim, which are: medical reports, bills, and insurance policy information. These documents will help your attorney understand the extent of your injuries and build a case for compensation.


The legal staff assigned by your attorney will be tasked with investigating the cause of your accident in great detail, and gathering the evidence necessary for success. Dashcam images, security cameras, involved medical personnel, police records and everything else you need to help build your case can be evaluated.


The personal injury attorney you hire is in charge of negotiating with the defense or defendant outside of the courtroom to help you (without going to court) to receive the highest possible compensation to which you are entitled.

If these negotiations are unsuccessful, your lawyer is ready to go to trial and present your case in the most legal way possible before the authorities.

Types and medical negligence

Now, just because a person suffers a personal injury while under medical care and attention does not automatically mean that the staff is negligent, or should be sued for it.

For example, prior to surgery, it's the duty of the doctor to explain to the patient a series of risks involved in his procedure, he must be clear about what that means and therefore it's not considered a reason for negligence.

After a patient receives precise medical instructions on what to do after their surgery, it's necessary to pay special attention to the correct follow-up. If the person does not follow instructions, and an injury occurs as a result, he is likely to have a medical malpractice lawsuit on his hands.

That said, negligence is defined as the lack of action with which a medical professional would act in a situation of health risk, this has to be the direct reason for your injury so that you can discuss a case of this type with your lawyer of injuries.

How to know if I should sue for medical malpractice

This would be a clear example of medical negligence: suppose that you go with your child to a specific doctor, due to a deep laceration that the minor just received from playing outdoors with a couple of friends.

The treating physician then greets you in the examination room but is also distracted by trying to see all the patients in your practice that same day.

Given the depth of the wound and to continue with the next patient, he states that he only needs a couple of sutures, to try to do it he takes some tools near his table that have already been there for a while and he had no knowledge if they were sterilized.

The worst part is that such forceps had previously been used to treat an infection and this is against medical policy to use only one tool for each patient.

Uncategorized https://www.pdjlawfirm.org/blog/medical-malpractice-when-a-lawsuit-proceeds/ https://www.pdjlawfirm.org/blog/medical-malpractice-when-a-lawsuit-proceeds/ Editor Thu, 02 Sep 2021 06:49:03 -0400