Personal Injury Attorney

Estate planning generally encompasses wills and trusts, which protect your heirs and your assets on your death. Another area of financial planning is asset protection planning, which are legal methods to safeguard your assets against lawsuits or other types of seizures. Asset protection planning keeps your wealth protected without using illegal practices, such as bankruptcy fraud or tax evasion. Although asset protection trusts are not allowed in every jurisdiction in the United States, they can be a valuable method to make sure that your wealth isn’t targeted.

Who Needs an Asset Protection Trust? 

Asset protection trusts and other types of planning are used by individuals in high risk occupations that might be sued. A doctor, for instance, may want asset protection planning to ensure that the family home isn’t targeted in a lawsuit. Some people use asset protection planning as a prenuptial agreement. Having your assets in a trust before you get married can keep those assets out of a divorce settlement. Sometimes, there are tax reasons to establish an asset protection trust.

Who Can Help You Create an Asset Protection Plan? 

Estate planning attorneys are typically involved in creating asset protection planning. When dealing with an asset protection trust, the attorney should have a good knowledge of bankruptcy law and business law. It’s just as important to understand taxation and creditor laws as it is to understand probate and family law when creating asset protection trusts. Asset protection planning applies to your current assets that you are still using and enjoying. Your death may be years away.

Do You Need Asset Protection Planning? 

Only you and your estate planning attorney can really determine whether asset protection planning is right for you. Asset protection planning is designed to guard against particular risks or liabilities. A real estate developer has a higher risk of losing assets than a salesperson. Often, a good asset protection plan deters litigation against the assets in trust. This can level the playing field for the person with an asset protection plan.

Estate Planning Tools That Work 

A good asset protection plan doesn’t leave the client at risk of losing assets. Asset protection planning must be within the law, because the asset protection plan will backfire when it evades taxes or hides assets. Protected assets are secure. Hidden assets are vulnerable to being found. Discuss your estate planning concerns with an estate planning lawyer in Gilbert, AZ to learn more about how to legally protect yourself.

Thanks to Citadel Law Firm for their insight into estate planning and asset protection.

Personal Injury Attorney

When you lose someone to negligence, you may have a wrongful death claim. When it comes to these types of lawsuits, it can be difficult to understand the ins and outs. What type of compensation can you ask for? After all, nothing will bring back your loved one. The kind of compensation you receive and the type of claim that can be filed depends on the circumstances of the person’s death. You may qualify for a wrongful death claim, survival action, or both.

The Difference between Wrongful Death and Survival Action

Wrongful death claims are exactly what they sound like. These are civil lawsuits brought by the family of a person who died at an individual or entity’s negligence or fault. The damages that the family asks for usually involve:

• Pain and suffering
• Funeral expenses
• Outstanding medical bills
• Loss of income

When dealing with a wrongful death claim, you may hear about survival action suits. Generally, the executor of the estate brings survival actions. In some instances, heirs and other family members may be able to file either suit. In a survival action, the estate files a claim on behalf of the deceased. It allows the beneficiaries of the deceased to receive an award.

A survival action is not centered around the suffering of the family. It focuses on the suffering of the deceased. This is what the person could have been awarded if he or she survived. If a person survived for some time before death, lost earnings, and experienced pain and suffering, then the estate could collect compensation. However, if the person died immediately, then there would be no lost wage costs.

Wrongful death normally involves the family proving that they relied on the deceased for financial support. Often, spouses may receive loss of support until the deceased’s retirement age. Children may receive support until they turn 18. If you can prove that the deceased would have contributed to the college education of the child, then he or she may receive support through college.

No one wants to think that they will have to deal with a wrongful death or survival action suit. These are difficult times and it can be hard to consider lawsuits while you are grieving. However, it is important to explore your options as soon as possible when it comes to wrongful death claims. Consult with a wrongful death lawyer, like a wrongful death lawyer in Houston, TX, to find out if you have a wrongful death claim or if you qualify for a survival action claim.

Thanks to John K. Zaid & Associates for their insight into the differences between a survival action and wrongful death lawsuit. 

Personal Injury Attorney

Criminal defense attorneys can cost thousands of dollars in hourly rates and incidentals. As a defendant, it is difficult to find the money to afford a well-qualified attorney, and it can feel like the system is stacked against you. However, it is necessary to acknowledge that a high hourly or flat fee does not always correlate with trial experience and skill. To better equip you as you search for a defense lawyer, it is necessary to understand how costs add up, and also to examine possible alternatives to expensive representation.

Attorney Fees

An attorney fee is a cost for a particular lawyer’s representation. The base fee does not always cover all costs associated with a case, and that is crucial to know. Most lawyers base their initial price on their reputation and the type of criminal case. In other words, a successful private attorney arguing a murder trial will likely charge more than the same caliber attorney arguing a misdemeanor assault. Also, a highly regarded attorney will probably cost more than a lesser-known or proven lawyer. Regardless, cheap doesn’t necessarily mean bad and expensive doesn’t automatically mean good. It is always best to speak with several attorneys to understand the average cost of defending similar charges before committing to any lawyer or firm.

Other Expenses

While fees are the standard costs of hiring an attorney, there are other expenses related to odd or incidental expenses. In most attorney-client agreements, there is a general expenditure set aside for paperwork and filings. However, beyond these known or assumed expenses, your attorney, during the trial, may need to hire private investigators or expert witnesses, which will all add to the final cost of your defense.

Alternatives for Low-Income Offenders

Fortunately, if you are a low-income offender, there are other more affordable options for legal counsel. For example, if you qualify, you can seek a court-appointed or public defender. Also, you can look for pro bono representation, which is free. However, not every lawyer will provide pro bono services. If you do not qualify for free representation, it is possible that you can hire a public defender for a small fee, depending on your income situation.

Hiring a defense attorney can be expensive, but it is all dependent on the specifics of your case. Experienced and reputable trial lawyers will charge a premium for their services, but everyone has a shot at an adequate and qualified defense. If you would like to discuss the specifics of your charges further to determine your best course of action, contact a local defense attorney, like a criminal defense attorney in San Mateo, CA from the Morales Law Firm.

Personal Injury Attorney

According to the Federal Motor Carrier Safety Administration, truck accidents were responsible for over 77,000 injuries and 4,300 deaths in the past year. While trucks are only responsible for a small segment of road injuries, truck accidents tend to be more dangerous and life-threatening due to the size and weight of the vehicle. By definition, a truck accident is a collision involving a semi-truck, 18-wheeler, tractor trailer or other commercial vehicle. These accidents account for over 200,000 property damage claims each year. Collisions with these large vehicles could be devastating to you or loved ones.

Factors at Play

For most car accidents, claims are easily settled as the at-fault party is usually one of the drivers and a human error violation. Truck accidents can get a little more complicated. While the driver will usually be held liable, some of the responsibility may fall of the truck company or even the equipment on board. Equipment failure could be the fault of either the driver since they are responsible for checking the equipment and all parts of the truck prior to the trip. This could alternatively show negligence on the part of the truck company as they may be liable for properly maintaining the vehicle.

Common Causes

There are several reasons truck accidents are more catastrophic than car accidents; many of which revolve around the cause of the accident. Some of the most common causes are:

• Improper Load: If the truck was not loaded properly, the equipment can shift or fall during transport. 
• Bad Driving: Truck drivers that do not follow the rules of the road could cause rear-end or t-bone collisions. 
• Fatigue: Most truck drivers travel long distances cause sleep-deprivation and tiredness. 
• Squeeze Play: This happens when a truck makes a wide right turn and the car is trapped between the truck and the curb. 

Damages

If you were injured in an accident with a commercial vehicle, you could receive damages—financial compensation for any emotional, physical or financial losses. Determining the losses could take some time, as attorneys are hesitant to settle before all medical or financial needs arise. Victims of truck accidents could be compensated for all medical care, rehabilitation costs, physical therapy, rehoming and loss of earning capacity.

It’s very rare for someone to make it out of a truck accident without some injuries. If you or someone you know has been involved in a truck accident, reach out to an experienced Woodland Hills trucking accident lawyer. You should have someone on your side to fight truck companies and their multi-million dollar insurance policies, and ensure that you recover money for any losses.

Thanks to Barry P. Goldberg for their insight into personal injury claims and the differences between truck and car accidents.

Personal Injury Attorney

One of the most tragic false accusations that someone can pin on their divorcing spouse during the divorce process is domestic violence. Domestic violence is a crime of a violent nature, that usually entails behavior such as stalking, battery, assault, harassment, or intimidation inflicted on a family member, romantic partner, or cohabitant. A spouse who goes so far as to lie about being harmed by their spouse can wreak havoc on their divorce settlement. Here, we have talked further about such false accusations and how a lawyer can help come to your defense.

Defenses for Domestic Violence

Those who are arrested for domestic violence must remember that they are not automatically deemed guilty by the court. While the judge may become cautious of you after hearing about the arrest, your case is not entirely lost. There still is hope for clearing your name if you have the right lawyer representing you. Your lawyer can try to show how the prosecution has not brought forward sufficient evidence to convict you of the crime beyond a reasonable doubt. In order to establish the strongest defense strategy for you, it is imperative that you are honest with your lawyer.

Other defenses that your lawyer may use include:

• You just didn’t do it (whether you were there and the harm was accidental or your spouse was harmed in another way)
• Your spouse lied about the incident and fabricated the story
• You were in another location when the supposed incident occurred (establishing an abli) 
• You were acting in self defense (your spouse was threatening your safety and your behavior was in response to fear)

How Tensions Build During Divorce

When two spouses are going through divorce, the tensions between each other can continue to build. If the spouses are still living in the same home as the divorce is proceeding, they are likely to get into very heated arguments. Divorce has a way of bringing out intense emotions in people, understandably, such as anger, resentment, fear for the future, and unresolved past conflicts.

If one spouse is worried that they are losing in their divorce case, they may stoop so low as to report the other for domestic violence when it never really happened. A criminal defense attorney, like a criminal defense attorney in Fairfax, VA, can work to advocate on your behalf and show how your spouse made up the story to seek revenge against you during this time.

Acting in Self-Defense

If one of these arguments tips over into violence, one spouse may feel threatened for their safety. It is a natural human instinct to either fight or run away from something that is causing us fear. If you acted in self-defense because you felt as though if you didn’t your spouse would have seriously harmed you, let your lawyer know during your first consultation. Your lawyer can provide information on how to file a temporary restraining order if needed, to ensure your safety as the divorce process continues. If you have any shared children together and are worried about their well being, then you must take action to protect your family from a hostile divorcing spouse. 

Thanks to May Law, LLP for their insight into how to handle a criminal defense case if your ex spouse makes a false accusation about you. 

Personal Injury Attorney

When a person loses their life to negligence, such as a car accident, their surviving family members may be able to file a wrongful death claim. In addition to this, they might have the ability to file a survival action claim. As a wrongful death lawyer would explain to you, these types of claim are not the same. Before your decide to take legal action, you should understand their basic differences. 

The law governs both survival action claims and wrongful death claims. Prior to laws being established, there was no real way to recover damages when a person lost their life to another person’s actions — or lack of. 

There are important differences between wrongful death laws and survival actions laws; they are as follows:

• Both survival action and wrongful death laws provide for the ability to recover from different types of damages. 
• The descendants have the right to file a wrongful death claim. 

In short, a wrongful death claim gives the descendants the right to recover damages with the legal assistance of a wrongful death lawyer. These damages might include funeral and burial costs, any medical bills prior to the death and related to the accident, loss of income, and so forth. A survival action claim can also be filed by descendants, but the damages recovered generally include those that could have been recovered by the deceased person had they lived. Often a wrongful death lawyer, like a wrongful death lawyer in Woodland Hills, CA, will recommend filing both types of claims at the same time. 

Who Has the Right to File a Wrongful Death Claim

Although every state has their own rules for filing a wrongful death claim, many are similar. In general, the surviving family members will not be able to file their own claim, but rather, they should file one collectively. The closest surviving member such as a spouse, parent, or child will have the first right to file. If there are no close surviving family members, a grandparent, aunt, uncle, or cousin may file a claim. A representative will also need to be elected. Usually, this person will also be the wrongful death lawyer; however, this is not necessary and can be chosen by the court of family members. 

Damages for a Wrongful Death Claim

Wrongful death claims are meant to recover monetary compensation related to financial loss of support for the surviving family members. Examples may include:

• Funeral and burial costs
• Medical treatment (prior to death)
• Loss of support for children up until they turn 18
• Loss of support for a spouse until the age of 65 
• Loss of consortium
• Loss of services
• Loss of nurturing and guidance

Punitive damages may also be available if the defendant acted with malicious intent or was grossly negligent. Some states have capped punitive damages; thus, you might only recover a certain amount of money. A wrongful death lawyer can explain these to you during your case review. 

Damages for a Survival Claim

The surviving family members may be able to seek damages for:

• The deceased’s’ pain and suffering prior to his or her death
• Loss of earnings
• Loss of income

If you would like to know whether or not you have the right to pursue monetary compensation after the loss of a loved one, call a wrongful death lawyer now. 

Thanks to Barry P. Goldberg Law for their insight into the differences between a survival action claim and a wrongful death claim. 

Personal Injury Attorney

What kind of creditors can legally take money from your paycheck by garnishing your wages? A wage garnishment is an order given by a government agency or court mandating your employer take a designated amount of money from your paycheck and send it to the person or entity where you owe money. The percentage or amount that can be taken or ‘garnished’ will be based on the kind of debt. There are also state and federal limits to wage garnishment.

In order to be able to garnish your wages, most creditors have to file a lawsuit resulting in a money judgment and then a court order presented to your employer in order to garnish your wages. 

The kind of debt will determine whether or not the creditor needs a court order.

Types of Creditors and How They Can Garnish Your Wages

For the majority of your debt — for example, medical expenses or credit cards — your creditor is not able to garnish your wages simply because you did not pay your bill. First the creditor has to sue you, win the case and get a judgment. Then the court issues the order to garnish your wages.

Is There a Limit to How Much of Your Wages Can Be Garnished?

Federal law says that no more than 25 percent of your disposable income or if the amount of money that your weekly disposable earning is greater than 30 times the federal minimum wage, whichever one is lower.

Understand that states are permitted to enact stronger terms. An attorney experienced in wage garnishment can answer questions pertaining to state laws and any other concerns you may have regarding wage garnishment.

Entities Who Can Garnish Your Wages Without Going to Court

Some debts need to be addressed in a shorter period of time because of the nature of the debt. These include:

Alimony and Child Support

Orders for child support can automatically be taken from your wages. In addition, if you take care of health insurance for your child or children, the necessary amount will also be garnished from your wages. 

Child support garnishes can be more than the 25 percent that other creditors can legally deduct from your disposable income. For child support purposes, your disposable earnings can be garnished up to fifty percent. That amount can go up by another five percent if you are three months or more behind in your support payments.

Unpaid Back Taxes

The federal government — more specifically the IRS — does not need a court order to garnish your wages for back taxes. The amount the IRS can take is dependent on your current deductions and how many dependants you claim. 

In addition to the federal government, local and state municipalities can also get unpaid taxes from you by garnishing your wages. The percentages they can take will vary by state, so any questions should be directed to your attorney or your state’s department of labor.

Student Loans

The US Department of Education has the right to garnish your wages without a court order. This amount cannot exceed fifteen percent of disposable wages.

Contact a wage garnishment lawyer, like a wage garnishment lawyer in Tampa, FL, with any questions or concerns about your wages being garnished.

Thanks to the Law Office of Michael A. Ziegler, PL for their insight into how much of your wages can be garnished for child support or other unpaid debts.