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September 11, 2023 by matadoradmin

Consequences Of Probate

Probate is the legal process that occurs after a person’s death to settle their estate and distribute assets to beneficiaries. While probate serves an important purpose, it also comes with certain consequences that individuals should be aware of. Anyone who is working on an estate plan should be aware of the impact that probate can have.

Time-consuming and costly process:

Probate can be a lengthy and expensive process. It involves several steps, such as filing paperwork, notifying creditors, appraising assets, paying off debts, and distributing assets.  The complete probate process can take months, or even several years to complete depending on how complex the estate plan is. During this time, the estate’s assets may be tied up, making it difficult for beneficiaries to access their inheritance. Moreover, probate costs can be substantial, including court fees, attorney fees, and executor fees, which can significantly deplete the estate’s value.

Lack of privacy:

As a probate lawyer like one from Carpenter & Lewis, PLLC can tell you more about, probate is not a private process. Probate is a public process, meaning that the details of the estate, including its assets, debts, and beneficiaries, become part of the public record. This information can be accessed by anyone, including creditors, potential scammers, and nosy individuals. This lack of privacy can be particularly concerning for families who value their financial affairs remaining confidential.

Potential for family disputes:

When no clear estate plan is established, it can result in common disputes involving family members. Without a comprehensive estate plan, the court must distribute assets according to the state’s intestacy laws, which may not align with the deceased individual’s wishes. This can create conflicts among family members who may have different expectations or disagreements about asset distribution. Such disputes can further prolong the probate process, add additional costs, and strain family relationships.

Estate shrinkage:

During probate, the estate’s assets may be subject to various expenses and claims, including outstanding debts, taxes, and administrative costs. These expenses can significantly reduce the value of the estate, potentially leaving beneficiaries with less than they anticipated. Additionally, the court may require the sale of certain assets to cover debts or distribute the remaining value among the beneficiaries. The final distribution of assets may not reflect the deceased person’s interests or values, or even the beneficiaries’ wishes.

Probate is a necessary legal process, but it can have significant consequences that individuals should consider. The time-consuming nature of probate, combined with its potential costs, lack of privacy, and the potential for family disputes, can create additional burdens during an already difficult time. To mitigate these consequences, individuals can take proactive steps, such as creating a comprehensive estate plan, including a will or living trust, to ensure their assets are distributed according to their wishes and to potentially bypass the probate process altogether. If you need legal assistance with developing or updating an estate plan, contact an experienced lawyer who trusts and knows the probate process if you need specific information.  

Filed Under: Uncategorized

June 30, 2023 by matadoradmin

Common Car Accident Causes 

Car Accident Lawyer

Car accidents are unfortunate incidents that can result in severe injuries, property damage, and even fatalities. While accidents can occur due to various reasons, it’s important to be aware of the most common causes to minimize the risks on the road. Remember these tips so that you can stay safe while driving and avoid car accidents. 

Distracted Driving

A common cause of many car accidents today is distracted driving. With the increasing use of smartphones, GPS systems, and in-car entertainment, drivers are more prone to distraction. Texting, talking on the phone, eating, grooming, or even daydreaming can divert a driver’s attention, leading to catastrophic consequences. To prevent accidents caused by distracted driving, it’s crucial to avoid using your phone while driving. If necessary, pull over to a safe location. Set up GPS or adjust in-car settings before starting your journey. Limit other distractions, such as eating or attending to children, by prioritizing driving. 

Speeding

Excessive speeding significantly increases the chances of accidents, as it reduces the driver’s ability to react in time. Higher speeds amplify the force of impact, making collisions more severe and potentially deadly. To avoid accidents caused by speeding, always obey speed limits and adjust your driving speed according to road conditions. Allow for extra travel time to avoid feeling rushed. Be sure to maintain enough distance between your vehicle and the one ahead of you so that you can have enough time to slow down and avoid an accident. 

Drunk Driving

Drunk driving remains a major cause of car accidents worldwide, leading to countless injuries and fatalities. Alcohol impairs judgment, coordination, and reaction time, making it extremely dangerous to operate a vehicle. Do not drive after consuming alcohol or drugs because it can impair your ability to operate the vehicle. Designate a sober driver or use alternative transportation options like taxis or ride-sharing services. Be vigilant on the road and report any suspected drunk drivers to the authorities. If hosting an event, provide non-alcoholic options and encourage guests to arrange safe transportation.

Reckless Driving

Reckless driving encompasses a range of dangerous behaviors, including aggressive maneuvers, tailgating, running red lights, and illegal passing. These actions not only put you in danger, but other motorists and pedestrians as well, as a car accident lawyer like one at the firm of Attorney Eric T. Kirk can warn you about. To avoid accidents caused by reckless driving, stay calm and patient while driving, avoiding aggressive responses to other drivers’ actions. Follow traffic rules and signs diligently. Stay in control of your emotions and avoid engaging with aggressive or reckless drivers. 

Awareness of the common causes of car accidents is key to preventing them and promoting road safety. By eliminating distractions, adhering to speed limits, abstaining from alcohol, and practicing responsible driving, we can significantly reduce the risks of accidents. Remember, safe driving is not just about protecting yourself—it’s also about protecting others on the road. Stay alert, focused, and responsible to ensure a safer and more enjoyable driving experience for everyone. If you are in need of legal services following a car accident, contact a lawyer as soon as possible to explore your options. 

Filed Under: Uncategorized

May 12, 2023 by matadoradmin

Dealing With A Construction Accident Claim

Construction sites are known to be one of the most dangerous places to work, with workers being exposed to various hazards that can cause serious injuries or even death. Construction accidents can occur due to a variety of reasons, such as inadequate safety measures, faulty equipment, or human error. When these accidents occur, the consequences can be devastating for the workers involved and their families. If you have been injured in a construction accident in Midtown Manhattan, NY, it is important to seek the services of a skilled construction accident lawyer.

What is a construction accident lawyer?

A construction accident lawyer is a legal professional who specializes in representing individuals who have been injured in construction accidents. These lawyers have the knowledge and expertise to help you navigate the complex legal system and ensure you receive the compensation you deserve. Skilled attorneys such as those at The Eskesen Law Firm can also provide you with guidance and support during this difficult time.

Following an accident what should victims do?

If you have been injured in a construction accident, it is important to seek medical attention immediately. Even if your injuries do not seem serious, it is important to have a medical professional evaluate your condition to determine the extent of your injuries. This will also create a medical record that can be used as evidence in your case.

After seeking medical attention, the next step is to contact a construction accident lawyer. Your lawyer will be able to evaluate your case and determine the best course of action. They will also be able to gather evidence, such as witness statements and medical records, to build a strong case on your behalf.

Why is it important to hire a construction accident lawyer?

  1. One of the most important reasons to hire a construction accident lawyer is to ensure that you receive the compensation that you deserve. Construction accidents can cause a wide range of injuries, from broken bones and burns to spinal cord injuries and traumatic brain injuries. These injuries can be life-changing and may require extensive medical treatment and rehabilitation. A construction accident lawyer will work to ensure that you receive compensation for your medical expenses, lost wages, and other damages.
  1. In addition to compensation for your injuries, a construction accident lawyer can also help you navigate the workers’ compensation system. Workers’ compensation is a system designed to provide benefits to workers who are injured on the job. However, navigating this system can be complex, and it is often beneficial to have a lawyer on your side to ensure that you receive the benefits that you are entitled to.
  1. Another important reason to hire a construction accident lawyer is to hold the responsible parties accountable for their actions. Construction accidents can occur due to a variety of reasons, such as inadequate safety measures or faulty equipment. If negligence or recklessness was a factor in your accident, your lawyer could work to hold the responsible parties accountable for their actions.

If you have been injured in a construction accident, it is important to seek the services of a skilled construction accident lawyer. These lawyers have the knowledge and expertise to help you navigate the complex legal system and ensure you receive the compensation you deserve. They can also provide you with guidance and support during this difficult time. By working with a construction accident lawyer, you can focus on your recovery while your lawyer works to protect your rights and interests. Contact a construction accident lawyer today!

Filed Under: Uncategorized

March 16, 2023 by matadoradmin

Why Amazon’s Work Safety Infractions Matter

Injury Lawyer

Warehouse employees work notoriously long hours in physically demanding jobs. As a result, it isn’t usually surprising when warehouse workers suffer job-related physical harm. However, it’s important to remember that simply because a particular kind of work-related physical harm is common, that doesn’t mean that it should be.

The law broadly protects workers from the risk of repetitive strain injuries, toxic exposure, and accidents in the workplace. Unfortunately, employers don’t always do what the should – and what they can – to prevent occupational injuries and occupational illness. As an experienced injury lawyer – including those who practice at Davis, Johnson & Kallal – can attest, when employers are negligent in their approaches to their responsibilities, workers need to understand both that they have rights and how to exercise those rights efficiently and effectively.

What Happened at Amazon?

A recent U.S. Department of Labor (DOL) announcement concerning Amazon serves as an excellent example of why workers need to understand their rights. Employers – even those which are frequently scrutinized by the media and regulators alike – simply don’t always take their practical and legal responsibilities seriously.

The DOL announced in January that several Amazon warehouses were being fined for failure to sufficiently safeguard workers from ergonomic hazards. As a result of this failure, the company received hazard letters from the Occupational Safety and Health Administration (OSHA) as well. OSHA indicated that each warehouse had failed to honor workplace safety obligations per the Occupational Safety and Health Act’s so-called general-duty clause.

Similar violations and hazard letters were announced in July 2022 concerning Amazon warehouses in three other states. This pattern of Amazon’s warehouse worker safety failures is concerning, to say the least.

What Is Happening to the Warehouse Workers?

The two primary concerns that both the initial and recent investigations into Amazon warehouse practices revealed are unreasonably long shifts and musculoskeletal injuries occurring due to the ways in which employees are compelled to work during these shifts. Workers are subjected to a high risk of injuries to their low backs, for example, according to OSHA. This risk stems from the frequency with which warehouse workers at Amazon are compelled to twist, bend, and extend their bodies awkwardly during their long shifts.

The Assistant Secretary for Occupational Health and Safety summed up the situation best by observing that, “”Amazon’s operating methods are creating hazardous work conditions and processes, leading to serious worker injuries. They (sic) need to take these injuries seriously and implement a company-wide strategy to protect their employees from these well-known and preventable hazards.”

While a low back injury may not seem as extreme as some of the injuries that occur regularly in other industries, if you speak to anyone who suffers from chronic, severe back pain, you’ll gain an understanding of how serious these findings actually are.

Whether you work in a warehouse or you work at any other location where your safety rights as a worker are not respected, don’t hesitate to connect with a legal professional about your rights and options under the law. It bears repeating that simply because a particular kind of injury or injury risk is common within an industry doesn’t mean that it should be.

Filed Under: Uncategorized

February 22, 2023 by matadoradmin

Avoid Being The Victim In An Accident

Personal Injury

Motorcycle riders are especially vulnerable to injury, especially during accidents. In fact, motorcyclists who are involved in an accident are often severely injured or killed because they do not have the extra strength, protection, and stability that comes with being inside a vehicle.

The number of motorcycle accidents is rising, and so are the number of injuries and deaths. This is why you need to hire a motorcycle accident lawyer who can help you get compensation and justice. This is why it is so important for bikers to be aware of their surroundings and take steps to avoid accidents before they happen.

Here are some tips for avoiding motorcycle accidents from our friends at Cashio Injury Attorneys, LLC:

Always Wear Your Safety Gear

Wear a helmet every time you ride, even if it’s just around town or on your way to work. It could save your life! Also, make sure that all your reflective gear is in good working order so other drivers will be able to see you when they’re driving at night or in bad weather conditions.

When you’re on the road, stay alert and be aware of your surroundings. Keep an eye out for cars that may not see you, whether they are driving too fast or are inattentive. If you notice any issues with another biker’s behavior, don’t feel like it’s your place to say anything—call 911 instead!

Be Extra Careful at Intersections and Traffic Lights

You can’t see what’s coming up ahead when you’re on a bike – other drivers may not be watching out for you or even know that there’s someone riding right next to them! Make sure there’s enough distance between yourself and other cars so that if something happens you’ll be able to avoid being in the way. Also, make sure that you always stop at intersections and give cars a chance to go through before you move on. If there’s no bike lane and traffic is heavy, try riding off the road on the sidewalk so cars can pass by safely.

Ride Defensively

The best way to avoid being involved in an accident is by riding defensively at all times when you ride your bike. This means always expecting the unexpected from other drivers so that you do not become a victim of their carelessness or negligence.

If you find yourself riding on the road with other cars, ride in the middle of the lane and be sure to signal when making turns. If there are parked cars on either side, ride towards the sidewalk so that cars can pass you without having to swerve into traffic. If you are injured and want to get compensation, then hiring a motorcycle accident lawyer is a smart idea.

Hire a Motorcycle Accident Lawyer

Motorcycle accidents are a constant danger to motorcyclists. This is due to the fact that many people are not aware of how dangerous motorcycle accidents can be, especially when they involve other vehicles on the road.

When an accident occurs between a car and a motorcycle, it is often because the driver of the car did not see or failed to yield for an approaching motorcycle—which means that being proactive before an accident can save lives. An experienced motorcycle accident lawyer can help you recover the compensation you deserve. Contact an attorney today to discuss your case.

Filed Under: Uncategorized

February 21, 2023 by matadoradmin

Preparing For A Legal Consultation

Personal Injury

After suffering an injury under circumstances that were either not your fault or were only partially your fault, it’s important to discuss your situation with an attorney who has experience with cases like yours. If you fail to take this step, you may find out later on that you were owed a considerable amount of compensation but you are no longer empowered to obtain it because the statute of limitations on your case type has run out.

If you’re concerned about paying for a legal consultation, know that personal injury law is one of the few areas of legal practice wherein attorneys usually provide victims with a free case review. This is, in no small part, due to the fact that it is often very difficult for someone who doesn’t have extensive knowledge of the law to understand whether they have grounds upon which to bring a case until they’ve conveyed the details of their situation to an attorney.

If you’re curious about your legal rights and options, you have nothing to lose by attending a free legal consultation save for an hour or two of your time. To better ensure that you make the most out of the case review process, take a little time to prepare for it. That way, you’ll better ensure that once your meeting is complete, you have all the information you’ll need to make informed decisions about your circumstances.

Gathering Helpful Information

As an experienced personal injury lawyer – including those who practice at Council & Associates, LLC – can confirm, it is far easier to provide an injury victim with personalized feedback concerning their rights and options if an attorney who is learning about their case can view detailed information about the circumstances in question. This makes sense, as most personal injury cases turn on matters of highly-specific context.

As a result, it’s a good idea to bring along any information that you believe may help a lawyer better understand the nuances of your case. If you were in an accident and you have a copy of the police report, bring it. If you had to receive emergency medical care as a result of your injuries, bring a copy of your discharge papers. Photos and videos related to your case, insurance information, contact information for witnesses, etc. can all help a lawyer to better understand how to help you and the relative strength or weakness of your legal situation.

Organizing Your Thoughts

Additionally, you’ll want to take time to jot down your concerns and any questions that you need a lawyer to answer. That way, you won’t spend your valuable time trying to figure out what you wanted to ask. You can also write down any details related to your situation that you’re worried that you might forget to mention.

By organizing your thoughts in advance, you’ll feel more empowered walking into your case evaluation session. By getting all of your thoughts addressed in turn, you’ll also hopefully walk out of your session ready to make decisions about your next steps.

Filed Under: Uncategorized

January 25, 2023 by matadoradmin

Wrongful Death Information

Wrongful Death

Wrongful death refers to a legal claim in which a person has died as a result of the negligence, recklessness, or intentional conduct of another person or entity. These cases are typically brought by surviving family members or dependents of the deceased as a way to seek compensation for the harm caused by the death. The purpose of a wrongful death claim is to provide financial support to the surviving family members and to hold the responsible party accountable for their actions according to a wrongful death lawyer from our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law.

Elements of a Wrongful Death Case

In order to succeed in a wrongful death case, several key elements must be proven. These elements include:

  1. Duty of care: The defendant had a legal obligation to exercise reasonable care to prevent harm to others.

  2. Breach of duty: The defendant breached this duty of care by failing to act in a reasonable manner.

  3. Causation: The defendant’s breach of duty was the direct cause of the plaintiff’s harm.

  4. Damages: The plaintiff suffered harm as a result of the defendant’s actions, such as loss of income, medical expenses, and loss of consortium.


Who Can File a Wrongful Death Claim?

Wrongful death claims are typically brought by surviving family members, such as a spouse, children, or parents, or by the personal representative of the deceased’s estate. In some cases, other individuals who were dependent on the deceased may also be able to bring a claim, such as siblings or grandparents.

Damages Available in a Wrongful Death Case

The damages available in a wrongful death case will depend on the specific circumstances of each case. However, common damages in these cases include:

  1. Funeral and burial expenses

  2. Medical expenses incurred before death

  3. Loss of the deceased’s future earning potential

  4. Loss of companionship and emotional support

  5. Punitive damages (in cases where the defendant acted with intentional or reckless disregard for the safety of others)


Statute of Limitations for Wrongful Death Claims

Each state has its own statute of limitations for wrongful death claims. This means that there is a specific time frame in which a wrongful death claim must be filed, or the right to bring a claim will be lost. In most states, the statute of limitations for wrongful death claims is two years from the date of death. However, it is important to consult with a wrongful death attorney as soon as possible after the death, as the statute of limitations can vary depending on the specific circumstances of each case.

Wrongful Death Lawyer

Wrongful death cases are complex and require the assistance of experienced wrongful death attorneys. If you have lost a loved one as a result of the negligence or intentional conduct of another person or entity, you may be entitled to seek compensation for the harm caused by the death. It is important to consult with a top rated lawyer as soon as possible after the death in order to protect your rights and to ensure that your claim is filed within the statute of limitations.

Filed Under: Uncategorized

December 14, 2022 by matadoradmin

5 Wrongful Death Damages

As a trusted wrongful death lawyer like one from Tuttle Law, P.A. can tell you more about, common types of wrongful death damages include both economic and non-economic damages. A skilled lawyer can review your list of damages and tell you how you can maximize your compensation amount so that you can get the highest possible award. You should not take your list of damages lightly. There may be more damages that you can actually recover than what you expect to receive. Common damages found in wrongful death cases include the following. 

Medical Expenses

The many expenses related to medical treatment can add up to an overwhelming amount. The family of a deceased individual may end up getting stuck with all of the bills. The family may have to pay a large portion of the medical expenses related to treating the deceased’s injuries as well as treatments and prescriptions. To minimize the expenses that a family of a deceased person must pay, they can include medical expenses as part of the list of damages. 

Loss of Companionship

In wrongful death cases, loss of companionship refers to the consequences associated with the loss that a loved one experiences. This includes things like a loss of love, affection, comfort and other missing aspects of a relationship. The surviving family members no longer have the unique companionship that the deceased individual provided. Their household can be greatly affected by the absence of their loved one. They can be included in the list of damages. 

Loss of Future Earnings 

The loss of future earnings capacity refers to the amount of earnings that a deceased individual would have made if they were still alive. This often refers to thousands of dollars of monthly income that can no longer be accumulated. Without the deceased individual, a household can experience a significant reduction in income which can affect the surviving household’s ability to keep their home, pay their mortgage and provide for the rest of the family. Have a lawyer calculate your loved one’s complete earnings amount so that they can determine the accurate value to be recovered. 

Funeral Expenses 

The funeral and burial expenses in a wrongful death case can be tens of thousands of dollars. The total costs of a funeral can be difficult for many families to cover. Expenses related to the funeral of the deceased person can be included in the list of damages to reduce the amount the surviving family members must pay. There are many things that a lawyer can do for you so that you won’t have to pay most of your funeral expenses, so schedule an appointment right away. 

Emotional Distress or Mental Anguish

Losing a loved one is an extremely difficult experience to go through. One of the damages that you can recover for a wrongful death case include emotional distress and mental anguish that you and your family members experienced due to the loss of your loved one. For more information about how you can receive legal help to file a wrongful death claim, request a consultation with a lawyer that you can trust right away. 

Filed Under: Uncategorized

December 12, 2022 by matadoradmin

Advice For Those In Serious Car Wrecks

Being involved in a car accident can be a traumatizing experience, especially if there was severe injury and property damage. You may have been left with medical bills to pay, stress about the future, and all the while just trying to heal from your injuries. It’s important to know what to do and what not to do in the moments and days after a vehicle collision, so that you are taking care of your health but also protecting your best interests legally.

Always call 911 if an accident happens. You may have been injured with symptoms that have yet to develop, or your symptoms are obviously apparent and you need medical attention immediately. Depending on the severity and type of your injuries, you may have been rushed to the hospital and needed further care. Along with treating your injuries, there are going to be medical bills that need to be paid. The more evidence you have against the other driver, the more likely they will be held financially responsible for your medical costs and other losses. As a car accident attorney from Glotzer & Leib, LLP explains, injuries that are common in car accidents are listed as follows:

  • Broken bones
  • Sprains and strains
  • Soft tissue damage
  • Internal bleeding
  • Head or brain injury
  • Spinal cord damage
  • Lacerations and bruising
  • Whiplash
  • Mental trauma

You must always call the police for help so that an officer can arrive at the scene and document what happened through a police report. The medical documentation you receive at the doctor’s office and a copy of the police report is going to be influential not only for your insurance, but as a way to show that the other driver was at fault and should be liable for your monetary loss. If you notice bystanders who saw the accident happen, or the aftermath of it, ask if they are willing to give you their name and form of contact so that you can get an official statement story from them later. 

Human memory is imperfect, so consider taking a moment to write down exactly how things happened through your perspective. Note down what time of day it was, the condition of the weather, in which direction you were traveling and what the other driver was doing before the crash. Also include any other details that you noticed that may have contributed to the accident, such as construction or potholes on the road. By writing down what you saw, it’s going to help you remember all the details that could be impactful in your car accident claim and in pursuing compensation from the at fault driver. 

If you were involved in a serious car wreck, then it’s imperative to take every step needed to ensure you get proper medical care and repayment for your losses. Drivers who choose to act recklessly should be held responsible for how others have been affected. Consider reaching out to a legal team for further insight on what to do next. 

Filed Under: Uncategorized

December 9, 2022 by matadoradmin

Steps To Take After A Loved One Has Fallen

Personal Injury Lawyers

For those caring for an aging loved one, the possibility of a fall is something that no one wants to experience. Yet, even so, it’s something that all caregivers and home health aides must be prepared for. The following is a brief breakdown of the steps to take after a loved one has fallen provided by the In Home Health Care professionals.

Know when to call 911

After a fall, it’s imperative to know when to call 911. If the senior is not responding, slurring their words, or they are not making sense: call 911. There is a possibility that they have suffered cranial damage in their fall, and they require immediate medical assistance. 

If the senior is responsive and seems to be of sound mind, ask them questions to see how they feel. Ask them: what hurts? Do they think they can get up on their own? Do they think they broke a bone? Do they feel like they are bleeding? Do they think they bumped their head?

If the senior always says that they feel as though a severe injury has occurred, or they don’t know if they can get back up, call 911. Do not try to move the senior, as this will likely exacerbate both the injury and the situation. A trained emergency medical professional will be able to move the senior without causing further injury.

Help the senior up

If there are no serious injuries, you can now work with your loved one to get them back on their feet. It should be noted that this process needs to be done so gently and with patience. 

Slowly help the senior roll onto their side, starting the process with their head and moving down their body until they end at their feet. Once on their side, you can help them to their hands and knees. Move a sturdy chair near them, and help the senior crawl to it. 

From here, the senior should brace their hands on the chair seat, their stronger leg forming a 90 degree angle with the floor, and their other knee on the floor. With these four touchpoints, seniors can use their body to lift themselves up, while you steady them. 

Once lifted up, guide the senior to the chair. Here they can sit and catch their breath for a few moments before attempting activity again.

Filed Under: Uncategorized

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