PDJLawFirm: Blog PDJLawFirm: Blog https://www.pdjlawfirm.org/blog/ Copyright by PDJLawFirm en PDJLawFirm Tue, 27 Sep 2022 04:19:46 -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. 

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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.
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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. 

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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.

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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.

Author

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.

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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.

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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.

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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:

Documentation

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.

Investigation

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.

Negotiation

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.

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Benefits of Hiring a Personal Injury Lawyer If you have been injured due to someone else’s negligence, you can benefit from hiring a Hartford, CT personal injury lawyer.

Being injured because someone else was negligent can be a traumatizing and stressful experience. However, a personal injury lawyer in Hartford, CT can help you through your case to protect your legal rights and recover maximum compensation on your behalf.

Hiring a personal injury lawyer can make a significant difference in the outcome of your case. If you are not sure whether you should hire a personal injury attorney or not, consider these five benefits to make an informed decision.

A Personal Injury Lawyer Can Help You Save Time and Money

A skilled personal injury lawyer can help you save considerable time, allowing you to focus on your medical treatment and recovery, not to mention that hiring an attorney can help you save money in the long run.

Having an experienced lawyer on your side can expedite the injury claims process. A personal injury lawyer is familiar with the required procedures, steps, and necessary paperwork.

A skilled attorney can help you avoid mistakes and ensure that you get maximum compensation for your injury and losses.

Your Attorney Will Help You Make Objective Decisions

An injury can cause a tremendous amount of physical pain and emotional distress, which is why many claimants struggle with thinking clearly and making objective decisions during the claims process.

That is why you can benefit from having an experienced attorney on your side to handle your claim and ensure that you get the money to which you are entitled.

A Lawyer Will Negotiate with the Insurance Company

Following an accident, you will most likely be contacted by the insurance claims adjuster to investigate and handle your claim. Insurance adjusters represent the best interests of their employer (the insurance company), not the claimant.

The adjuster’s ultimate goal is to get you to accept their settlement offer, which is usually much lower than what you deserve. Your experienced and skilled lawyer will negotiate with the insurer to ensure that you are fairly compensated for your injury.

Your Attorney Will Take Your Case to Court if Necessary

Filing a personal injury claim does not guarantee that your claim will be approved or that you will receive a fair settlement. While most personal injury cases are settled out of court, insurers are not always willing to pay what is owed to the claimant.

In that case, your personal injury lawyer will analyze your situation to help you understand your options. If necessary, your attorney should be prepared to take your case to court to help you get the compensation you deserve.

A Lawyer Will Give You Peace of Mind

Having a knowledgeable lawyer on your side can give you much-needed peace of mind. When you are represented by a skilled attorney, you can be certain that your case is in good hands.

For an injured person, trying to navigate the legal system can be stressful, not to mention that any attempts to handle your claim could impede your ability to focus on your physical and emotional recovery.

Contact a Hartford, CT Personal Injury Lawyers

If you have been injured due to someone else’s negligent conduct or omission, you may be entitled to compensation through a personal injury claim.

It is beneficial to have a Hartford, CT personal injury lawyer on your side to help you handle the claims process and obtain the maximum compensation. Speak with our lawyers atBerman & Russo to discuss your particular case. Call 860-644-1548 or fill out thiscontact form to get a free consultation.

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Do Personal Injury Settlements Count as Income? Personal injury settlements can come as a huge relief to many people. It can feel like all the efforts that have gone into proving you were wronged have come to fruition. As a general rule, personal injury settlements will not count as income and will not be taxed. But like all other rules, there are exceptions here as well. You must be aware of the taxable and non-taxable components of your personal injury settlement. This will help you file the claim in the right way to ensure a significant portion of the amount becomes non-taxable. Let us look at what components of your personal injury settlement can be counted as income.

Generally, any amount you receive as a part of a personal injury settlement may not be taxed by the government under any federal or state law. Whether you went to trial and won a verdict or got the amount of the claim in an out of court settlement will not affect this. This is because Federal tax law excludes any damages received by an individual for physical injuries from his/her gross income. The same applies to claims received after a physical sickness as well. For instance, if you have been exposed to a bacteria or virus due to someone else's ignorance and fell ill, then you can file a personal injury claim, and the amount you get as a settlement for that claim will not be taxed.

Exceptions

Like all other laws, there are exceptions here as well. Some of them include:

Breach Of Contract

While most of your personal injury income will not be taxed by the government, a claim for breach of contract can be taxed. 

For instance, if you fell ill or suffered a physical injury due to a breach of contract, then that breach becomes the basis of your lawsuit and not the injury itself. In such situations, you will be taxed for the settlement you get due to this contract's breach.

Punitive Damages

The government always taxes punitive damages. If your personal injury claim includes a punitive damages component, then your lawyer can request the judge to separate the claim into a compensatory claim and punitive damages. This way, you can prove to the IRS that part of the amount you received was compensatory damages that cannot be taxed.

Interest of Judgment

Another portion of your personal injury amount that will be taxed by the government is interest on the judgment. Many states in the US require that interest is added to the verdict for the length of the case. For instance, your case began in March 2018, and you won in April 2018. But the defendant disagrees with the verdict and refuses to pay till April 2019. Then interest will get accumulated on the verdict amount for that entire period. This interest will be considered extra income and will be taxed by the government.

Emotional Injury Claims

Any amount you get from a personal injury claim will not be taxed only for physical injuries. If you receive an amount for damages caused due to emotional or mental trauma, then the IRS will consider that amount as an income, and you will have to pay taxes on it. The only way to save this is by proving even the smallest physical injury in the claim.

Wrongful Termination or Unlawful Discrimination

Suppose you have filed a personal injury lawsuit for wrongful discrimination at the workplace or wrongful termination and win the lawsuit. In that case, any amount you receive will be considered taxable income. This especially applies to the amount given towards any income that you lose due to the termination. This will come under employment tax, and you will have to pay taxes on that amount. Similarly, if you get any settlement for any losses that you may have incurred in your business due to discrimination, a part of the damages that fall under your net-earnings will be considered to fall under self-employment tax. And hence, you will have to pay taxes on it.

Loss of Wages or Loss of Income

The government will tax any claim awarded to compensate for the loss of income or wages due to injury or suffering. You will have to report it on your tax return.

Loss in Value of Property

Any property settlements for loss in your property's value will not be taxable as long as they are less than your property's adjusted basis. You will not have to report it on your tax returns. However, if the settlement is more than the adjusted basis, the additional amount will be considered income. You will need to declare it and pay tax on that excess amount. 

Ensure As Much of Your Claims Is Non-Taxable 

While a part of your personal injury claim may be taxable, it is possible to save taxes on it. You need to be well-aware of what components are taxed and what is not in your claim. Sometimes, there may be overlaps in the type of claims, and you may be confused about what to do. At such times, a good personal injury attorney will be of immense help. The attorney can guide you on filing the claim so that you don't pay too much in taxes.

Get Legal Advice

Legal and tax-related rules always come with exceptions, and you may not always understand these exceptions. It is best to take the legal advice of an experienced attorney like Flagler Personal Injury Group in Miami to help you file your personal injury claim correctly.

We will do an in-depth analysis of the tax implications of your settlement and guide you accordingly. If required, we will negotiate favorable terms for the settlement. Our team has handled a number of personal injury cases and has years of experience with negotiations. We will go through all the details and do our best to ensure the larger part of your settlement is non-taxable. You can check out Flagler Personal Injury Group here.

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Uncategorized https://www.pdjlawfirm.org/blog/do-personal-injury-settlements-count-as-income/ https://www.pdjlawfirm.org/blog/do-personal-injury-settlements-count-as-income/ Editor Mon, 14 Jun 2021 21:41:05 -0400
How Can You Detect Nursing Home Abuse? Nursing homes house the most vulnerable among us, and we look to them to help us look out for our aging loved ones when they need more care than we can provide. This is what makes nursing home abuse so repugnant. Nevertheless, nursing home abuse does happen, and it is a good idea to know the tell-tale signs. If you are concerned that your loved one may be the victim of nursing home abuse, don’t delay consulting with an experienced Tampa nursing home abuse attorney.

Nursing Home Abuse Claims

In order to bring a nursing home abuse claim in the State of Florida, the following elements must apply:

  • The facility or the person accused of the abuse must owe a duty of care to the claimant. The nursing home, for example, owes its residents a duty of care.
  • The facility or the person accused of the abuse breached this duty of care.
  • This breach is the direct cause of the claimant’s injuries.
  • The claimant suffered damages as a result of the abuse.

The deciding factor that tips nursing home negligence into abuse territory is intent. For the act to be classified as nursing home abuse, the accused must have intended to harm the nursing home resident (rather than causing him or her to be injured as a result of neglect.

Physical Abuse

Physical abuse refers to using physical force against a nursing home resident, but it can also involve the inappropriate use of physical punishment or medications – or the act of using force to make a resident eat. Physical abuse is obviously a serious offense, and some of the signs that your loved one may be the victim of physical abuse include:

  • An unexplained injury, such as a broken bone
  • Unexplained bruising, cuts, welts, and/or abrasions
  • Any indication of having been restrained
  • A newly acquired and unexplained scar
  • An indication that your loved one is newly afraid in general or newly afraid of a specific staff member
  • A sudden change in your loved one’s personality, mood, demeanor, and/or appearance
  • Indications of withdrawal and self-isolation

Sexual Abuse

Sexual abuse in the nursing home setting refers to any sexual behavior or contact that is not consensual, or that is with a resident who is incapable of providing consent. Such abuse can include the exposure of private body parts, inappropriate touching, rape, and more. Signs that can be indicative of sexual abuse include:

  • A diagnosis of an unexplained STD or infection of the genitals
  • Stained, torn, and/or ripped underwear
  • Genitals that are bruised or bleeding
  • Newly acquired fear, withdrawal, or self-isolation
  • An abrupt change in your loved one’s personality, demeanor, mood, and/or appearance

Residents can also face mental abuse and financial abuse, which can be even more difficult to detect.

Speak with an Experienced Tampa Nursing Home Abuse Attorney Today

The compassionate Tampa nursing home abuse attorneys at Tragos, Sartes & Tragos understand the urgency of your situation and are committed to aggressively advocating for a case resolution that upholds your loved one’s best interests. For more information, please do not hesitate tocontact us online or call us at 813-223-6405 today.

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Uncategorized https://www.pdjlawfirm.org/blog/how-can-you-detect-nursing-home-abuse/ https://www.pdjlawfirm.org/blog/how-can-you-detect-nursing-home-abuse/ Editor Tue, 06 Apr 2021 23:11:12 -0400
What Kind Of Cases Do Personal Injury Lawyers Handle? You might have heard of taking compensation from the losses incurred during accidents. However, you might be confused about the exact scenarios for such cases.  To sort this confusion, you should know the types of cases a personal injury lawyer supports. This article will expand on the types of cases handled by personal injury attorneys. Let's look at the details below.

Car Accidents:

You might agree with a high frequency of car accidents. However, you will also agree that getting compensation for injuries incurred during such cases isn't easy. Interestingly, the collision does not have to be paramount to cause disabling traumas and other substantial injuries.  In all such cases, assistance from a personal injury attorney is a way to go.

Truck Accidents:

Be of any size, and a truck is capable of incurring a severe injury. Accidents with big rigs cause serious injuries, sometimes even resulting in deaths. Interestingly, it is not a walk in the park to go up to these big truck dealers and ask them for compensation. The insurers of such truck companies would not be comfortablehandling this. You would require professional assistance from a personal injury attorney.

Motorcycle Accidents: 

A personal injury attorney also handles motorcycle accidents. No doubt assail that motorcyclists have the least protection when driving, which leads them to a higher probability of suffering severe injuries.

Workplace Accidents:

Workplace accidents are prevalent among workers, especially those who work under unfavorable conditions. So in such cases, injured workers can hire an attorney for a decent compensation

Slip And Fall:

Trip and fall on property cases are not much commons. For the injuries incurred during a slip and fall, get an attorney who owns a decent knowledge of liability law.

Boat Accidents:

Many times during recreation, boating accident injuries occur. Thus a person requires attorneys who own a decent knowledge regarding maritime law. 

Train Accidents:

Like truck injuries, getting compensation for a train accident is not a piece of cake. The damages incurred are often severe, and thus one needs the assistance of an experienced attorney. A personal injury attorney knows the knack to deal with giant railroad companies and related insurance enterprises.    

Medical Accidents: 

Owning injuries as a result of doctor's neglect is relatively standard. You need to realize that not all attorneys are well-versed in medical practices. Thus, for damages incurred as a result of medical malpractice, seek a personal injury attorney with medical knowledge. Remember,only a knowledgeable will be capable of navigating your complicated case according to proper medical law.               

Drug Liability:

The public is not immune from the defective products and other drugs capable of causing significant damage. Many personal injury attorneys are well-versed in dealing with product liability cases; thus, one should not hesitate to take such assistance.

Consult

Now that you know the nature of personal injuries, you are equipped with adequate knowledge to help you approach any professional attorney for further consultation. Always choose an attorney after careful research or reliable recommendation.

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Uncategorized https://www.pdjlawfirm.org/blog/what-kind-of-cases-do-personal-injury-lawyers-handle/ https://www.pdjlawfirm.org/blog/what-kind-of-cases-do-personal-injury-lawyers-handle/ Editor Mon, 01 Feb 2021 07:47:14 -0500
Top-rated workers’ compensation attorney in Los Angeles won a $115k settlement for a thumb injury Michael Chakrian, from C&B Law Group,

shares all the details

An attorney from a top-rated workers’ compensation law firm in Los Angeles recently won a $115k settlement for a thumb injury case, where the affected worker underwent an amputation.

Michael Chakrian, an experienced workers' compensation attorney in los angeles california and a senior member of C&B Law Group, took on the case. He described it as a "very complex situation" that he believes put to the test, “all of his experience, gained through years of legal practice".

Daniel Johnson, the worker who suffered the injury, said that at first he thought he was "going to receive a very small compensation". So small that it would be insufficient to cover the medical expenses related to the amputation. However, he added that working with C&B Law Group was "an excellent decision". Due to the expertise of this Los Angeles law firm, he was able to receive the monetary settlement he deserved.

After securing maximum compensation for his client, Chakrian shared the details of the case.

  1. How did the injury happen?

Daniel told us that while working in a woodshop in East Los Angeles, his boss distracted him while he was cutting something on a saw, and as a result, his thumb came into contact with it.

He said he went to the hospital quickly, but his thumb was too damaged, and it had to be amputated to avoid the risk of infection. Later, Daniel noted that he filed his workers' compensation claim as soon as he could, even though his boss warned him against it.

After a few days, the insurance company notified him that they could only pay a $10,000 compensation, and not a penny more. Daniel knew that it wouldn't be enough to pay for his medical bills, so he decided to contact an attorney.

  1. How did the client find you?

 At first, Daniel contacted us through our website. We answered some of his questions through virtual chat, and then he decided to call us for a free consultation.

During the consultation, we answered all of his questions about the workers' compensation process. Almost immediately Daniel decided that we were the ones to solve his situation, and I have been personally handling his case ever since.

He told me about the settlement he had been offered and asked me if he should accept it. I told him that it was a terrible idea and that his injuries warranted much higher compensation.

  1. Was it hard to negotiate with the insurance company?

I've worked with many similar cases over the years, and thanks to that I know most of the tactic’s insurance companies use to save themselves as much money as possible. However, that doesn't mean this case was easy. I would describe it as a very complex situation. I think it put to the test all the experience I have gained through years of legal practice.

First, we gathered all the available evidence and prepared a compelling case. We made it clear from the get-go that we were not going to accept a bare-bones monetary settlement, our goal was for Daniel to get the maximum compensation possible.

The insurance company refused to offer any more money for weeks. We threatened them with taking the case to court, and that's when they were willing to negotiate. Still, it took us a couple of months to get them to agree to our demands.

  1. How good was the settlement you secured? 

Given the circumstances, I think it was very favorable for Daniel. We managed to get 10 times more than he had been offered originally. Besides, it was more than enough to cover his lost wages and medical expenses. It was difficult, but we managed to work it all out in the end.

  1. What’s the first thing someone should do after a work injury?

 After sustaining a work injury, the first thing you should do is seek medical attention as soon as possible; nothing is more important than your health.

Then, if you want to make sure you receive maximum compensation, the best thing to do is contact a workers' compensation attorney near you to handle everything.

Here at C&B Law Group, we are always ready to help. We offer free consultations, so you can contact us anytime.

C&B Law Group is a law firm that specializes in personal injury, labor law, and workers' compensation cases. Their track record of success corroborates their commitment to excellence. During the last year, they have recovered over $7 million for their clients.

If you need help with your workers' compensation case, consider C&B Law Group as your first choice, you probably won't regret it.

Their team is available 24/7 to answer all your questions, and they offer free initial consultations.

Also, they have an impressive philosophy: "you don't pay unless we win", so by working with them you have nothing to lose, but yet have everything to gain.

want to buy legal leads

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Uncategorized https://www.pdjlawfirm.org/blog/top-rated-workers-compensation-attorney-in-los-angeles-won-a-115k-settlement-for-a-thumb-injury/ https://www.pdjlawfirm.org/blog/top-rated-workers-compensation-attorney-in-los-angeles-won-a-115k-settlement-for-a-thumb-injury/ Editor Tue, 29 Sep 2020 02:35:05 -0400
Why You Should Become a Remote Online Notary Are you looking for new opportunities as a notary public? Whether you’re newly licensed or an experienced veteran, you can find new ways to help people sign and notarize their most important documents. The best way to move your career forward is to become an online notary.

Why You Should Become an Online Notary

The future is digital, and notaries are following that trend. Many states now authorize virtual, digital notarization. Others are considering passing similar legislation as the COVID-19 epidemic forces us to maintain social distancing. It’s entirely possible that online notary services will become an industry standard. Traditional, walk-in notary services will soon be outdated.

As a notary, you can join the trend now. Get started with online work to ensure you have a solid future in this industry.

Are You Ready to Advance In Your Notary Career?

Although the coronavirus pandemic has forced everyone to maintain their distance from each other, some activities can’t be halted. Life’s events continue to happen. People continue to need notarized, signed documents that include contracts, deeds, mortgages, living trusts, powers of attorney, medical powers of attorney, wills and more.

Think about people in nursing homes or rehabilitation centers. The law requires properly authorized, notarized signatures for things like living wills and powers of attorney. With social distancing rules in place, it’s impossible for these people to get the proper authorization for their documents.

What about people buying homes or starting businesses? They’re also prevented from moving forward by social distancing rules.

As a notary, you can expand your services by offering people the option of online notary services. When you become an online notary, you provide an invaluable service. Doing so is also an excellent way to expand your notary business.

Take the Next Step: Become an Online Notary

Follow these steps to start planning your future as a remote online notary.

Check your state regulations. The first step is to discover if your state permits remote online notarization. If it does, you can move forward.

You will have to find out what your state’s requirements are. Some states require you to get specific training. Check with the regulatory board that issued your notary license.

Choose a notarization platform. If you’re offering online notary services, you must use a platform that meets your state’s requirements for security and safety. These are very high standards, and you must be sure you’re using an approved vendor.

Purchase a surety bond and insurance. You may need a a surety bond to cover remote online work. Check with your E&O insurance company to ensure you’re covered for online notary services. If you’re not, you may need a new policy or a new rider.

Get a digital seal and certificates. You will need a digital seal and certificates to affix to online documents.

Set up a digital journal. You need a notary journal for traditional notarizations. You also need an online journal to record your digital transactions.

Tell your clients. Let your notary clients know you can now provide virtual services. They’ll be happy to have the option.

Start notarizing documents. If you’ve signed up with a full-service platform, you’ll have everything you need to start working immediately. You can register one day and start working the next. Some include a digital journal and storage for your documents.

Benefits of Becoming a Remote Online Notary

Performing online notarizations has many benefits for you and your client. As a remote notary, you can:

  • Work from home.
  • Create your own schedule.
  • Earn a side income.
  • Save money and time.
  • Expand your offerings to clients.
  • Get new clients through your online platform.
  • Continue working despite the COVID-19 lockdown.
  • Prepare yourself for the future of notarization.

How to Take Your Practice Online

Are you ready to join the future of the notary industry? Becoming an online remote notary allows you to meet the needs of your clients and serve new clients without the hassle or expense of driving all over town. Once the pandemic-related regulations are no longer in effect, you’ll be able to notarize documents online and in person.

If your notary public license is in good standing, you’re eligible to become a remote online notary. Start by learning your state’s regulations. Start building your future in the digital world.

What Tools Do You Need?

You need access to a computer with a webcam, microphone and a secure connection. Your computer must have two-way audio and video capability. Your platform must meet your state’s approval.

The Easiest Way to Get Started

The easiest way to make the transition to online work is through a full-service notarization platform. A platform like OneNotary offers:

  • Government-approved security protocols.
  • Free digital journal.
  • Free storage space.
  • Free registration.
  • No fees or transaction costs.
  • Clients in your state who need notarizations.
  • An easy-to-use, intuitive interface.
  • Excellent payment rates.
  • Ability to start earning immediately.

If you’re serious about your future as a notary public, it’s time to get on board with a digital platform. Sign up with a notarization platform that makes it fast and easy. Your future will look a lot brighter.

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Uncategorized https://www.pdjlawfirm.org/blog/why-you-should-become-a-remote-online-notary/ https://www.pdjlawfirm.org/blog/why-you-should-become-a-remote-online-notary/ Editor Tue, 01 Sep 2020 06:14:27 -0400
Importance Of Legal Advice In Family Problems (Legal Advice) The cases of the family law cases may be fond of solving their problems by themselves but some very acute problems lead to immediate actions. They may include the usage of the power to get across the message or to mutilate the family bonding. Some situations do not need the intervention of the lawyers because of them being too petty. Regardless of what comes to the representing files, there needs to be a major setback on where the clauses need to be solved. For instance, in cases like that of the parenting and gaining rights over children, or guardian ownership. All such laws should be held accountable for letting the legal advice to fall into the place. This article sheds light importance of legal advice in family problems.

Family issues

There is a considerable amount of time that needs to be dealt with by the family-related issue by the legal expert. This area will have to be covered with emotional intelligence. There is access to the lawfully acceptable policies that cures to the responsibility. The available funding will have to be based on the circumstances and what is expected by the guardians. The merit list will have to be legalized and the things that will receive a greater chunk need to go in the favor of the client fighting for the family cause.

Expedites the project

There are many limited projects that need pilot running and this is why there will have to be a need for constant representation There needs to have a difference of opinion for the preservation of family property. The legal advice will have to be divided very carefully. The claims of the trauma will have to be distributed evenly and the legal abuses shall be kept away while resolving court-related harassment orders.

Curating multiple needs

The independent nature of the legal advice needs to be tackled with great care when family problems reach a peak. There will have to be greater sanction for community-based organizations which will follow the casework for the extended information. The range of services provided might vary depending on the type of community it is being given to. There are some family groups who are targeted and gets vulnerable with time. The assistance that follows is far greater than the individuals who fall victim to the wrong advice. This may include cases like family violence and property issues.

Registration for domestic Violence

This kind of abuse is highly common for the people in Europe and the United States of America according to the survey held by Preston University. The reasons can diverse and there are no legal social rules that may help to reduce the violence on the face of abuse faced by people of regular consultation. The authorizations committee needs to be protected in every way so they may pave way for the protection of service centers. The immediate causes may fall into the dangerous case as the information in which the partner files reach the other party. In this case, legal advice is high of use.

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Uncategorized https://www.pdjlawfirm.org/blog/importance-of-legal-advice-in-family-problems-legal-advice/ https://www.pdjlawfirm.org/blog/importance-of-legal-advice-in-family-problems-legal-advice/ Editor Thu, 23 Jul 2020 10:20:21 -0400
Reasons Why Most Workplace Harassment Goes Unreported 94% of all those who face discrimination do not take action. Here’s why and how to take action.

Despite being prohibited by both federal and state laws, workplace discrimination remains a pervasive issue in the American workplace, with hundreds of thousands of complaints filed every year here in the United States. The victims of harassment or discrimination may be denied employment, benefits, earnings, and their dignity. Employers potentially face higher turnover rates and thousands of dollars in litigation costs. This is why everyone has a role to play in ending workplace discrimination and harassment.

So why do so many instances of discrimination go unreported? What should you do if you are discriminated against or harassed at work?

It can happen to anyone, at any time.

Discrimination can happen to anyone, and for a variety of reasons. Federal law protects employers from discriminating against current or prospective employees based on a number of factors, including race, religion, age, disabilities, sex, veteran status, and more.

Many prevalent forms of discrimination and bias occur during the interview and hiring process. This includes asking illegal interview questions or unlawfully refusing to hire an individual based on an actual or perceived disability. 

Once hired, discrimination can also impact promotion and pay decisions. Workplace discrimination is a category far broader than harassment. It can manifest itself in the way your coworkers and supervisors treat you on a day-to-day basis.

Many incidents of discrimination go unreported.

According to data from the U.S. Equal Employment Opportunity Commission (EEOC), a vast majority of discriminatory actions are never reported. In fact, the commission believes that upwards of 94% of all those who face discrimination do not take action. This is due to a number of factors:

  • Normalization: In a discriminatory workplace, unlawful behaviors become “normalized,” and affected employees often feel immense peer pressure—whether implicit or implied—to conform to a toxic work environment instead of standing up for their dignity and rights.
  • Retaliation: Federal and state laws are very clear that any retaliation against an employee for reporting discrimination is illegal. Despite this, many victims still worry about the consequences of speaking out and taking action. Paired with the normalization effect, fear of retaliation prevents many from reporting incidents of discrimination or harassment.
  • Confusion: An employee who has been discriminated against or harassed may not know who they can trust or speak to about the incident—especially if the discrimination is coming from a superior or someone in a position of authority. From both large corporations with larger HR offices to small businesses with no formal HR team, employees can face confusion and uncertainty about how to move forward.

Discrimination victims have rights.

When it comes to discrimination and harassment, it’s important that you assert your legal rights and take action. When you have been discriminated against, you should:

  • File a complaint: Use the appropriate channel through your workplace to file a discrimination complaint. Take careful notes or screenshots of all the interactions you have with your company’s human resources team and your supervisors. In a best-case scenario, your company will take appropriate, quick action to remedy the situation and address your concerns in a meaningful way. If not, you need to reach out to an attorney.
  • Speak with an attorney: Find a local attorney with a background in employment law and workplace discrimination cases. A qualified attorney can lay out your options and help guide you through the complaint and reporting process. Depending on the state in which you live, a formal complaint to the EEOC and a state body may be required before a lawsuit can be filed.

To learn more about workplace discrimination and how you can take action to protect yourself from unlawful discrimination by your employer, supervisor, or coworkers, take a look at this infographic sent to us by Blair & Ramirez LLP, an employment law attorney in Los Angeles. It breaks down the various forms of discrimination and outlines how victims can assert their rights under the law.

“What
Created by Blair & Ramirez LLP

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Uncategorized https://www.pdjlawfirm.org/blog/reasons-why-most-workplace-harassment-goes-unreported/ https://www.pdjlawfirm.org/blog/reasons-why-most-workplace-harassment-goes-unreported/ Editor Mon, 30 Mar 2020 10:14:29 -0400
Save Your Estate for Your Heirs: Avoid These Probate Issues

All estates must go through the probate process. Probate is the legal process of determining if a will is valid, paying any qualifying debt and estate taxes, and distributing whatever assets remain.

It is potentially a very complicated legal process, and an attorney should be involved in any estate planning activities.

Using these strategies will help you design your estate to avoid some common challenges of the probate process and save you money:

  1. Have a valid will. Probate can last up to a year in many cases; typically this is due to a protracted process of validating the will. Probate is a legal process, so the longer it takes, the more money the attorneys make. Be sure to draw up your will with an attorney and review it annually for anything that needs to be addressed.
  2. Avoid having your assets pass through probate.
  • Create one or more trusts. Assets and property within a properly drafted trust avoid the probate process. They are simply transferred to the beneficiaries of the trust. This also has the effect of providing greater protection of the assets from creditors.
  • Name beneficiaries for your 401(k) account. This will allow the account to avoid having to pass through the probate process. Again, this can provide protection from creditors.
  • Name beneficiaries for your IRA. As with the 401(k), naming at least one beneficiary will avoid probate and can shield the assets from creditors. Just call your IRA firm and they can help you out.
  • Name beneficiaries on your life insurance policies. This is the same situation as above. If you don't name a beneficiary, then the proceeds are simply paid to your estate and must pass through probate, increasing the attorney's fees. Be sure to name your beneficiaries!
  • Own Assets Jointly. This can include almost anything: real estate, vehicles, stocks, and more. A jointly owned asset is passed onto the survivor automatically.

    • Your bank account can have a paid-on-death designation (P.O.D.), and brokerage accounts can have a transfer-on-death (T.O.D.) designation, allowing ownership of the accounts to pass directly to the beneficiaries upon your death.

  • Give it away: You can gift your assets to anyone you choose, each year, up to a specific amount, tax-free. As of 2011, you can give as many people as you want a gift up to $13,000 without having to worry about paying taxes on the gift.

    • Also, the tax only kicks in after you have gifted a total of $1 million over your lifetime. Any gifts that do not exceed $13,000 do not count towards the $1 million limit. Interestingly, it is the gift-giver that is responsible for paying the tax, if any.
    • This reduces the amount of your estate and will lower the probate costs, since they are typically based upon the total value of the estate. See your tax preparer for more information.

Except for certain circumstances, assets that avoid probate are still subject to federal estate taxes, including those assets held in living trusts. A good estate tax attorney can guide you through this maze so that probate expenses will impact your family as little as possible.

The real enemies in the probate process are lack of planning and failure to utilize all the available options. Having your will prepared properly will eliminate the amount of time your estate spends in the probate process. In the legal world, time is very expensive. You don't want the attorneys to get your money instead of your heirs.

By properly planning your estate with the appropriate financial and legal professionals, you can maximize the amount of your estate that passes to your family, friends, and charitable organizations. The unfortunate alternative is that more of your estate will pass to your creditors, various attorneys, and the legal system.

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Uncategorized https://www.pdjlawfirm.org/blog/save-your-estate-for-your-heirs-avoid-these-probate-issues/ https://www.pdjlawfirm.org/blog/save-your-estate-for-your-heirs-avoid-these-probate-issues/ Editor Tue, 04 Feb 2020 23:49:31 -0500
LSAT Tips That You Should Know

If you are going to take the LSAT test, make sure you spend enough time getting ready for the test. This will help you get a better idea of your strengths and weaknesses. Moreover, you will be able to focus your efforts on areas that need most of your attention. After all, it's not a good idea to spend 15 minutes on a question that you know you will get wrong no matter what. Therefore, you may want to know your strengths and weaknesses beforehand. Given below are some LSAT tips that can help you.

Practice

If you want to achieve excellence, you must practice. If you set aside plenty of time to practice, it will help you prepare for the test. Also, you can use this opportunity in order to identify areas that you need to work on.

There is no harm in Guessing

You don't have to be afraid when it comes to guessing. The reason is that there is no penalty for wrong answers. Therefore, it's a good idea to answer all the questions. If you are not sure about an answer, you should forget the options that you are sure are incorrect. Then you should guess between the rest of the options.

Logical Reasoning

There are three components of arguments: evidence, assumptions, and conclusions. And the primary point of the argument is the conclusion. Therefore, it's backed by unstated assumptions and stated evidence.

You should try to understand the argument structure, which will help you choose the right answer. You should read the question stem before you attempt a question.

Analytical Reasoning

On the LSAT test, the majority of logic games are of three varieties: hybrid, grouping or sequencing games. The game rules tell how the objects should be placed in order in a sequencing game. In a grouping game, you learn how to put the objects in a group. And in a hybrid game, elements of grouping and sequencing are incorporated.

What you should do is understand the information provided for the games on the LSAT. You should have a strong understanding of the rules and conditions before you answer the questions. Before you attempt the questions, you should make some general conclusions as well.

Most of the questions have one or more assumptions and require you to determine the final conclusion. Actually, what you should do is understand the current game rules and the way they interact with new rules.

Reading Comprehension

You should answer the questions on the basis of the information provided in the given passage. There is no need to show your knowledge about a certain topic. As a matter of fact, assumptions may cause you to give an incorrect answer.

Also, you should take it easy when it comes to memorizing facts. The majority of questions involve inferences, details, and ideas. Make sure you look for them when reading the given passage.

Writing Sample

Before you start writing, don't forget to collect your thoughts. They will judge your writing sample based on its clarity.

So, these are some tips that can help you prepare for your LSAT test.

If you are looking for a tutor to help you prepare for your LSAT test, we suggest that you hire the services of Jon Paul Tutor.

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Uncategorized https://www.pdjlawfirm.org/blog/lsat-tips-that-you-should-know/ https://www.pdjlawfirm.org/blog/lsat-tips-that-you-should-know/ Editor Sat, 04 Jan 2020 23:48:37 -0500
Do's and Don'ts When You Can't Afford Child Support Payments?

Child support and custody is a serious topic that can be complicated and exhausting for both the parties involved in it. Things can get rough when you can't afford child support and do not want to be separated from your child. If you find yourself in such a crisis, here is what you need to know.

How long does the child support last?

The law requires you to make child support payments until the following conditions occur:

• Your child is no longer considered a minor and turns 18. This regulation is subject to change in case the child has special needs.

• Your child joins the military.

• Your child marries or registers a domestic partnership.

• Your parental rights are terminated because of adoption or any other specific legal procedure.

• Your child is emancipated or dies.

Now, as you know about child support and how long it can last, here is what to do and what not to do when you cannot afford to pay child support.

The Do's

Ask for official payment modification: In any circumstances, like losing your job, you find losing the custody of your child if you are unable to support them, then here is the first thing you should do. Contact the authorities of child support services and explain your situation. If they find your case legitimate, they will ask you to apply for official payment modification.

You will need to fill a legal document stating what conditions have changed for you, as well as your current savings and other information regarding your income. If the authorities find your case credible enough, they can work out a temporary payment plan for you.

Communicate with your ex-spouse who has child custody: Regardless of the relationship you have with your ex-spouse, it is necessary to speak openly with them about the situation. It can help you avoid a legal situation or further arguments or fights in front of the child.

The Don'ts

Do not hide away or stay quiet about your situation: If you lose your job or your current income is not enough to support your child, do not hide your situation from the authorities. Childcare authorities will find out if you miss payments and provide zero explanation. If you have not talked or lied about your situation, the authorities will not let your child live with you. You will not be able to apply for an official payment modification for your child.

Do not miss your court hearing: If you have missed continual child support payments, it's likely that the court will call you or request your presence. Regardless of how overwhelming and scary, the situation seems, you must go to court on the date requested. Not visiting the court will further weaken your case and land you more trouble. They may even consider you an irresponsible parent, which is the last thing you would want to happen.

Do not defame the custodial parent: When you are unable to support your child financially, your case weakens naturally. Defaming your ex-spouse in the court or blaming them for something they did not do is not a good idea to make your case strong. It's especially important that you do not defame or badmouth them in front of your child.

Wrapping Up: It is a very painful experience for any father when he is unable to support his child financially. To save yourself from legal proceedings or to make the legal process less painful, you must inform the authorities and be truthful about your situation. Moreover, you should be open and respectful to your ex-spouse during the whole procedure so that you both can come up with a resolution that benefits that child and puts him or her first.

If you are looking for child custody attorney, visit Davocacy

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Uncategorized https://www.pdjlawfirm.org/blog/dos-and-donts-when-you-cant-afford-child-support-payments/ https://www.pdjlawfirm.org/blog/dos-and-donts-when-you-cant-afford-child-support-payments/ Editor Sat, 21 Dec 2019 16:47:37 -0500