Why Pets Should Be In Your Estate Plan

If you are someone that has pets, then there’s a pretty good chance that you view them as just another family member, who also needs to be taken care of. Sadly, many people, even the most dedicated and responsible pet owners, forget to include their pets in their estate plan. If your pet is relying on you on a day-to-day basis, as they should be, and something were to happen to you, then they will need a new home and an owner to take care of them. Many pets have a shorter life span compared to their humans, however, it’s possible for a pet to live longer than their owner. Animals are living beings after all, and should be included in your estate plan along with your other family members.

As a Bozeman estate planning attorney explains, one of the simplest ways to provide for your pet in the event that you pass away is to name a guardian in your estate plan. When you appoint someone as the next guardian, you are basically allowing them to start caring for your pet immediately if anything were to happen to you. You also may want to go further in-depth than just appointing a guardian. Even if your caretaker wants what is best for them too, they may not have the financial means or knowledge on how to take care of your pet. You can choose to set aside money for your pet, that this new guardian would use to take care of them. You can leave behind instructions and recommendations for things like veterinary care, medications, brand of food, frequency of feeding, medical conditions, behavioral considerations, personality traits, and so much more.

When establishing an estate plan that includes the well-being of your pet, you have to think not just about your pet’s needs, but the long-term financial demands that can be associated with care. For example, you may need to talk with an estate planning attorney about your pet’s age and expected lifespan, the type of animal that you’re creating a trust for and if there are any species-specific needs, the costs related to feeding, how often they need to go to the vet, and other expenses or information required to properly care for the pet.

The person that you choose as a guardian will need to do more than simply feed and house your animal. If you consider your pet as a beloved member of your family, then it needs to receive the same love that you had given them while you were alive. The person that you choose to be their guardian should be someone who has the time and motivation to care for your pet as well as you would, and they should be willing to assume this role on a short notice if needed. As the team at Silverman Law Office, PLLC advises, you should speak with your chosen guardian beforehand, to make sure that they are okay with having this responsibility if or when the time comes.

Qualities To Look For In A Workers' Comp Lawyer - Workers Compensation Accident Injury Concept

Qualities To Look For In A Workers’ Comp Lawyer

Workers Compensation Lawyer

A full-time job means spending around 40 hours a week at your workplace or more. This is a significant chunk of time spent doing work; whether you’re unloading a heavy freight truck, welding construction beams, or typing data into spreadsheets, accidents can occur. When these accidents happen, you might be entitled to workers’ compensation. 

While workers’ compensation is designed to protect employees should they get injured or sick on the job, it’s not always a straightforward process. Sometimes it’s in your best interest to hire an attorney. We’ll explore specific qualities you should seek when “shopping” for a lawyer. 

The Right Kind of Experience

For starters, you want an attorney with the right experience. Of course, you should hire someone who specializes in workers’ compensation, but the right experience also includes other factors: 

  1. Similar Cases

Obtaining workers’ compensation for a broken arm is much different than a traumatic brain injury and very different than chemical poisoning. Additionally, particular industries or employers can offer challenges. Therefore, selecting an attorney who has worked on cases that overlap with your own predicament is better. 

  1. A Proven Track Record 

You also want an attorney that can win cases. Of course, winning a legal case looks much different than winning a sports match. Compromises might need to be made, but ultimately, an attorney “winning” a workers’ compensation case means you receive workers’ compensation and a fair settlement or court award. Compensation should cover all of your immediate and foreseeable medical expenses. It should also cover lost wages and, if necessary, job rehabilitation or disability benefits. 

  1. Satisfied Clients

While fellow legal colleagues are trustworthy references, satisfied clients make a better impression on people. Therefore, a qualified attorney shouldn’t hesitate to provide you with many happy client references. They may openly share them on their website or provide you with some at your initial meeting without asking. 

  1. Litigation and Trial Experience

Legal cases aren’t sports matches—contrary to what legal dramas may lead you to believe. Most cases are settled outside of court, usually for both parties’ betterment. Of course, a qualified lawyer tries to settle outside of court. The right lawyer, however, won’t be afraid to take a case to trial. 

  1. They’re Easy to Communicate With

You also want an attorney that you can easily communicate with. When meeting with an attorney, be sure to ask yourself the following questions: 

  • Does the attorney explain things in a way I can easily understand? 
  • Does the attorney plainly answer any questions or clear up any confusion? 
  • Does the attorney provide realistic and objective outcomes? 
  • Do I feel relaxed and at ease with this attorney? 

These are all questions you should consider. While factors like feeling comfortable around your attorney sound extremely subjective, they are important. You can communicate with an attorney for several months or more while they help settle your workers’ compensation case. You want a Buffalo, NY workers compensation you can communicate with and trust—something our friends at Hurwitz, Whitcher & Molloy, LLP can confirm. 

Home for the Holidays: Driving Over the Thanksgiving Weekend

According to the National Safety Council (NSC), since 2019 fatal accidents on the country’s roads have been steadily increasing during the Thanksgiving weekend.

Over 50 million Americans are expected to take to the roads for the fourth Thursday in November, and the NSC estimates that approximately 515 people will lose their lives in an automobile accident over the holiday. And that doesn’t include the thousands who will suffer serious bodily injuries in those crashes. Many of these crashes will be caused by careless or exhausted truck drivers.

 

What can you do if you or a loved one is in a truck accident over the Thanksgiving holiday?

Call 911: Often, truck drivers are rushing to get home or don’t want to report a crash to their bosses so they will try to talk you out of calling the cops. You will need the police to create an accident report so you and your lawyer will know who the truck driver is, who he works for, and what company that provides the truck insurance.

Photos & Video: Often, you or your loved one will not be able to take photos or videos at the scene of the crash. If this is the case, ask for someone else to take photos over the next few days of the damage to the car. While a picture of the car cannot always tell what damage your body suffered, it can help explain how the crash happened and how the truck driver was at fault. Photos of the area of the crash can also be helpful. For example, if the crash was at an intersection with lights, it can be helpful for a jury to see those photos at trial.

Medical Attention: Truck crashes can cause death, amputations, fractures, and other soft tissue injuries. With amputations and fractures, you will be transported immediately to the hospital. With soft tissue injuries – such as injuries to your tendons, ligaments, muscles, and spinal discs – you might not feel severe pain immediately because of your adrenaline and because you want to get home. In your mind, your pain isn’t bad but over the coming days it doesn’t go away. If this is the case, get yourself to an emergency room, urgent care, or a medical provider with experience dealing with car crash cases. They will know how to deal with the insurance minefield and how to set you up for treatment.

Injury Lawyer: If your pain doesn’t go away, contact an attorney, like our firm or the the personal injury lawyers in Hackensack, NJ from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC in, who are experienced in car accident litigation.  The lawyer can help you with setting up treatment, explaining your rights, notifying the other insurance company, and filing a lawsuit to protect your rights. (And it should be free— most personal injury lawyers are only paid if you ultimately receive compensation.)

We wish you and your families a safe and health Thanksgiving. And we hope that your loved ones will never need to rely in these tips.

Car Accidents: Partial Fault Concerns

If you’ve recently been injured in an auto accident and you’re hesitant to speak with an attorney because you believe that you may have been partially to blame for what happened to you, there’s no need to delay in scheduling a free consultation. California car accident injury victims are afforded some of the most generous legal protections in the nation. As a result, even if you were partially at fault for what happened to you, you’re likely still in a strong position to pursue compensation from any other party whose negligence, recklessness, or intentionally dangerous conduct also directly contributed to the cause(s) of your harm.

Pure Comparative Negligence Model

As an experienced Anaheim, CA car accident lawyer – including those who practice at Glotzer & Leib, LLP – can explain in greater detail as the information pertains to your case, the state of California honors a legal theory commonly referred to as pure comparative negligence. This legal theory holds that an accident injury victim remains empowered to hold others accountable for their harm, even if the accident victim themselves was up to 99% responsible for their own injurious circumstances.

This legal theory stands in stark contrast to the two other primary models utilized by a majority of states across the country. Most states limit the ability of an accident victim to seek damages from other responsible parties if the victim in question is 50% or more at fault for what happened to them. An extreme, yet small number, of states prohibit accident victims from pursuing damage awards at all if they are even 1% to blame for what happened to them.

California’s broad legal protections empower accident injury victims to seek the maximum amount of compensation that is rightfully theirs. With that said, there are circumstances under which it doesn’t make sense to pursue legal action when a victim shoulders a significant amount of blame for their own harm. The compensation award that a victim can pursue is directly reduced in proportion to the percentage of blame assigned to them. Say, for instance, that a victim’s harm is valued at $100,000 and they have been assigned 90% of the blame for the circumstances that led to that harm. Investing time, energy, and legal fees into pursuing the remaining $10,000 from another responsible party may or may not be worth that particular victim’s efforts.

If Your Crash Was Work-Related

It is worth noting that you won’t need to concern yourself with issues of fault and causation if you’re in a place to apply for workers’ compensation benefits as a result of your crash. As long as you’re eligible for workers’ compensation coverage and your crash was work-related, you should remain entitled to collect these benefits even if your crash was your fault. This is because, unlike the personal injury lawsuit process, the workers’ compensation system is not fault-based. Unless you were drunk, high, or trying to get hurt, the system likely won’t be concerned with what or who caused your accident.

Car Accident Liability Help - A close up of a red emergency triangle on the road in front of a car after an accident.

Car Accident Liability Help

Car Accident Lawyer

What can you do following a car accident when liability is becoming an issue? There are many instances where you may be partially at fault for an accident or perhaps you were not the one who is at fault at all. This can make it especially frustrating at the scene of an accident when you are angry at the other driver. The best thing to do in this scenario is to avoid causing a scene, not get angry in public, and wait to blow off some steam at home. However, it can be hard to blow off steam when you get a call from the other party’s insurance company saying they are not admitting fault for the accident. When this is the case, what can you do? 

Why does this happen? 

There are several reasons a person does not want to own up to causing the accident. The main reason is that they do not want their insurance to pay for it. They may be concerned about their insurance going up or they might be concerned about getting a citation. Another reason is that they don’t want to upset their spouse or partner by saying that they were the party that caused the accident to happen. This situation can be more than just frustrating because not only do you not feel like you are getting the closure you need following the accident, you may have a very difficult time getting compensation from insurance. This can make paying off medical bills and property damage difficult. 

What can you do when they won’t admit fault? 

First, it is crucial to only pursue this when you believe they were at fault for the accident. Depending on the state you live in or were in at the time of the accident, you may only get compensation if the other driver was fully responsible for the accident or mostly responsible for the accident. It is imperative you speak with a lawyer, like a Springfield, IL car accident lawyer from a law firm like Pioletti Pioletti & Nichols as soon as possible. Your lawyer can help you by:

  • Getting the accident report. If police officers were called to the scene, your lawyer can get the accident report to help support your case by giving their unbiased opinion. 
  • Talking with witnesses. If there were any witnesses to the accident, your lawyer will want to reach out to them as soon as possible and get as much detailed information as they can accurately provide. They can provide vital evidence to show that you were not at fault for the accident. 
  • Speaking with expert witnesses. Expert witnesses are also vital to many car accident cases as they can provide context and information about how car accidents occur or how certain types of injuries can occur that may go against what the other party is saying. 

Once you get in touch with a lawyer, you can begin moving on the path of success. Speak with a law firm today to begin working on your car accident claim. 

Muerte Por Negligencia En Caso De Cirugía Estética

Cuando una persona pierde a su ser querido en un proceso natural es doloroso y angustiante, pero el perder a un ser querido a causa de una acción negligente es un proceso traumático y desgastante.

La búsqueda de justicia y la falta de conocimiento legal cuando una persona se encuentra emocionalmente decaído en situación de duelo, puede ser perjudicial. Si usted ha perdido a su ser querido por una acción negligente no dude en contactar a un Abogado por muerte injusta.

 MUERTES INJUSTAS

Las situaciones más frecuentes de muertes por negligencia o muerte injusta se dan en: el trabajo, hospitales y carreteras.

Uno de los causales de muerte injusta que se ha hecho más recurrente según las estadísticas es la muerte injusta en procedimientos de cirugía estética.

Esto sucede por varias razones. Aquí se listan a continuación:

Comportamientos médicos negligentes en cirugías

Falta de experiencia: Cirujanos que no cuentan con experiencia necesaria para efectuar el procedimiento quirúrgico. Esa falta de sapiencia e irresponsabilidad de afrontar una situación para la cual no está capacitado causa la muerte de su ser querido.

Omite algún paso en el procedimiento: El cirujano omitió realizar algún paso en el procedimiento, que puso en riesgo la salud del paciente y concluyó en un deceso. En algunos casos, los cirujanos o instrumentistas olvidan realizar suturas, olvidan material quirúrgico como gasas, pinzas entre otros objetos) dentro del paciente.

Olvidó realizar recomendaciones preoperatorias: El cirujano, enfermera o asistente médico olvido brindarle al paciente la recomendaciones preoperatorias de su cirugía. En cualquier tipo de cirugía se deben de tener cuidados preoperatorios, es decir antes de someterse a la cirugía.

No revisó antecedentes: El médico o asistente médico no revisó a detalle los antecedentes médicos del paciente, su historia y condiciones actuales, no solicitó análisis previos a la operación.

Olvidó realizar recomendaciones postoperatorias: El cirujano, enfermera o asistente médico olvido brindarle al paciente la recomendaciones para cuidados después de su cirugía. Que tipo de movimientos deberá evitar, que tipo de alimentación es recomendable, si es recomendable ejercitarse o no, que medicamentos tomar y a qué horas, entre otras recomendaciones.

Estas son algunas razones por las cuales una cirugía estética o de cualquier otra índole podría salir mal. Es importante que como paciente siempre consulte una segunda opinión. Verifique comentarios y recomendaciones del doctor que le realizará el procedimiento, esto para afianzar la confianza en su doctor o buscar otra opción.

Aspectos a considerar si se realizara una cirugía estética

Si usted está por efectuarse una cirugía estética, recuerde que debe tomar en cuenta ciertos aspectos para asegurar un procedimiento profesional y una óptima recuperación.

-Historial médico. Asegurarse que el doctor conozca su historial médico antes de someterse a la cirugía.

-Signos vitales. Asegurarse que sus signos vitales se encuentren en óptimas condiciones: presión, oxigenación entre otros parámetros básicos como hemoglobina, glucosa y colesterol.

-No tomar medicamento anticoagulante. Evitar medicamento anticoagulante como aspirinas, ibuprofeno, paracetamol, entre otros medicamentos que hacen que la sangre se adelgace, podría ser sumamente peligroso al momento de una cirugía.

 

Si su familiar ha sido víctima de muerte injusta a causa de un médico negligente acuda a las oficinas de los abogados de Unidos Legales ellos le asesorarán con la empatía y honestidad que los caracteriza.

 

 

 

 

Parties That Can Be Held Liable in a Truck Accident - Tractor Trailor

Parties That Can Be Held Liable in a Truck Accident

Truck Accident Lawyer

If you were hurt in a truck accident, you may be entitled to compensation for your medical expenses, lost wages and other losses. However, it is important to understand that truck accidents are quite different than accidents only involving passenger cars. For one thing, truck accidents are more likely to have more than one liable party. Here are possible parties that can be held liable in a truck accident.

Truck Drivers

Many truck accidents are due to a truck driver’s negligence. For instance, truck drivers may get distracted by their dispatching device, smartphone or objects outside the vehicle and lose focus of the road ahead. Truck drivers can also cause accidents by speeding, drunk driving, fatigued driving and tailgating. 

Truck Company

In some cases, truck companies that employ the truck drivers may be held responsible for accidents. For example, some trucking companies force their drivers to spend too many hours on the road without breaks. As a result, some drivers may become fatigued and get into an accident. Trucking companies can also be held responsible if they fail to adequately train their drivers or perform proper maintenance on their vehicles.

Truck Manufacturers 

Sometimes truck accidents result from malfunctioning truck components, like faulty brakes or tires. If the part was defective from the very beginning, the truck manufacturer may be held liable if it causes an accident.

Cargo Loader

Some truck accidents involve the cargo of the vehicle. If the cargo loader failed to secure cargo properly and it falls off the truck and causes an accident, the loader may be held responsible. 

What Occurs if Multiple Parties Caused a Truck Accident

If more than one party is responsible for your truck accident injuries, you may be able to maximize your compensation for your losses. However, in order to obtain this compensation, you have to show sufficient proof that multiple parties caused the truck accident. That is why it is essential to have an experienced truck accident lawyer on your side. A lawyer can investigate your case and hold all the liable parties accountable for your injuries. He or she will handle all the negotiations with the insurance company and look out for your best interests.

Schedule a consultation with a truck accident lawyer, like one from Martin Wren P.C., today to discuss your case.

Wills vs. Living Trusts

Lyft Accident Lawyer San Antonio, TXWhen preparing for the disposition of their property after they pass on, many people often find themselves questioning what wills and living trusts are and which document would better suit their needs. Wills are legal documents that a person prepares prior to their death, which specify how the rest of the family should distribute their property and handle the other affairs. Living trusts are legal devices that allow a person of the creator’s choosing, the trustee, to handle the disposition of their property. While everyone’s situation comes with unique considerations, a probate lawyer knows that living trusts may provide various advantages over wills.

Living trusts can help your family avoid dealing with long, drawn-out probate proceedings.

Courts use probate proceedings to tie up a person’s loose ends, distribute their property, and generally enact their will. If you use a living trust, rather than moving through the court system, the trustee can distribute the property in accordance with the trust. This means that your family will not need to bring themselves to the courthouse and deal with the fees and hassle that come along with probate proceedings.

Living trusts also provide more privacy than wills do.

While both wills and living trusts remain private throughout your life, the probate court will look at the will after you pass on, even if there are no formal probate proceedings. That means that the will becomes a matter of public record. On the other hand, your relatives will not need to file the trust with the court, so it can stay between them.

Living trusts also stand a better chance of surviving a legal challenge after your death.

This makes it more likely that your final plans will be enacted to your specifications. The extra strength of a living trust comes from your ability to keep an active eye on it during your life. Because you would stay involved with the trust’s management during your life, relatives would find it harder to prove that you were not of sound mind when making the plan.

Living trusts make leaving property to minor children simpler.

Because minors cannot own most property, the trustee whom you choose can manage it for them, whereas a court appointee would likely handle the management if you chose to pass the property on with a will.

Living trusts have further benefits in the event that you become incapacitated while alive. Ordinarily, such circumstances would require relatives to petition the court for control of your affairs, and then the court would appoint a person to manage them. With a living trust, you can appoint a successor trustee to take over management in the event that you become incapacitated.

 Contact an Estate Planning Law Firm Today

Planning for what will happen to your property and assets is important for you and your loved ones. If you would like more information or help in forming a living trust, make sure you speak with a lawyer who is skilled and knowledgeable in estate law. Call an experienced attorney, like a Fort Collins, CO probate lawyer from a law firm like W. B. Moore Law LLC.

 

When To Hire A Personal Injury Lawyer

Oklahoma City Personal Injury Lawyer

If you are thinking “do I need a personal injury lawyer?” or know someone who has been injured due to negligence, an accident, or by a form of misconduct, then it is time to seek legal counsel. Below are some frequently asked questions and answers about personal injuries from the personal injury lawyer team at AMA Law.

When Should You File a Personal Injury Claim?
Unfortunately, there are strict deadlines for the amount of time an individual has to file a personal injury lawsuit. Every state has a law around the statute of limitations for various areas of practice which can range from 1 to 6 years, making it crucial for individuals to file their claims within the legal time frame. 

How Do I Know If My Case is Past the Statute of Limitations?
Depending on your type of personal injury case, the countdown typically begins the day the event occurred. The consequences of filing a lawsuit after the applicable deadline increases your chances of the court dismissing your case and losing any chance of getting compensated for your injury or loss.

A majority of personal injury lawyers do not charge for consultations, so there is little to no investment in seeing if you are within the statute of limitations for the type of case and state laws. Even if your deadline to file has passed, there are extenuating circumstances that can extend the amount of time you have.

How to File a Personal Injury Claim?
To prepare for your lawsuit, you will need to be able to explain the basis for your case to file a formal complaint, often called a “petition”. A lawyer will help draft the official complaint with the information in the caption on the plaintiff (the individual filing), the defendant (the individual(s) being filed against), and the court involved; along with the necessary signatures. 

How Much Does a Personal Injury Lawyer Cost?
Personal injury lawyers typically don’t charge you anything unless you win so that the client’s financial risk in hiring an attorney to represent them is minimized. If you win the settlement, the attorney will take a contingency fee which is a percentage of the recovered compensation. 

However there can be a few additional expenses to keep in mind outside of legal representation. Depending on the state you are filing in, they could require you to file a summons. A document notifying and explaining to the defendant why they are being sued as an official summons from the court, which can cost an average of $100 to $500. 

Associated costs are influenced by the court fees and area of practice for your case. Your legal counsel may be able to estimate the additional expenses that may occur. This price can vary based on the complexity, size, and type of case your personal injury lawsuit falls under.

If you or someone you love has been the victim of a personal injury, contact a good personal injury lawyer today.

What is Wrongful Death?

Wrongful Death

Wrongful death is a term for when a death was caused by a careless, negligent, or wrongful act by someone else. A lawsuit or case may be brought against the guilty party for wrongful death. Death is never a pleasant thing to think about especially when it was caused unexpectedly by someone’s failure to follow safety protocol, standard procedures, guidelines, or just a complete lapse of judgment or negligent act. If you would like to learn more about the different causes of a wrongful death or would like to know more information or details then keep reading.

Causes of Wrongful Death 

Wrongful death can be caused by a variety of different sources and circumstances. This type of unfortunate event can happen in many different working industries too or from many different activities. However, many of these scenarios are from automobile accidents but they also come from other sources like:

Medical malpractice – When a surgeon makes a critical error or botches a surgery that results in death this may be a wrongful death case from medical malpractice. Other things could occur under this term too that could lead to death like being prescribed the wrong type of medicine or dosage of medicine or even being misdiagnosed

Product defects – When a manufacturer incorrectly labels a product or manufactures it incorrectly it could lead to safety defects. These types of defects have been severe enough to cause death in some cases.

Motorcycle accidents – Motorcycle riders have very little protection against other vehicles on the road when they get in an accident. These accidents could be severe enough to cause a fatality and bring about a wrongful death case.

Pedestrian and bicycle accidents – These accidents generally involve being struck by a vehicle with injuries that could result in a fatality. 

Workplace accidents – Some industries are more dangerous to work in than others especially when heavy machinery or chemicals are involved. Accidents at these places of business have been known to lead to fatalities. 

Construction accidents – Again, operating machinery or working at heights at a construction site can be dangerous. Wrongful death could occur here from a lack of safety protocol or other issues.

These are just some of the main circumstances or scenarios that may lead to a wrongful death. Contact a wrongful death lawyer Phoenix, AZ trusts who works in the realm of law to understand more to find out if your or someone you know’s circumstance may constitute a wrongful death case. 

Legal assistance 

Legal assistance is available for these types of cases. Lawyers from a firm like Saavedra Law Firm, PLC have ample experience in dealing with these types of cases. These types of cases can be difficult to prove in some instances which is why it is important to have an experienced and skilled professional who can navigate through a case. Dealing with other lawyers and insurance companies can be difficult. That is why many people turn to professionals for assistance with these types of unfortunate circumstances.