Archive for Lawyerist

What To Do if Your Workers’ Compensation Claim Was Denied in Ohio

If you’ve been injured on the job, there is a good chance that you are entitled to receive workers’ compensation benefits. However, most employers will do what they can to prevent paying out benefits to injured employees. Sometimes, this means that your claim is denied. If you find yourself in this situation, it is important to understand what you can do to fight the denial.

File an Appeal

You’ll receive written notice from the Bureau of Workers’ Compsensation if your claim is denied. You’ll usually have 14 days to file an appeal. You must do so in writing. You can choose to use the Notice of Appeal (IC-12) form or to provide the BWC with written documentation noting that you are filing an appeal.

The appeal must include your name, the name of your employer, your workers’ compensation claim number, the date of the order that you’re appealing, and why you are appealing the decision. After you provide the necessary information, you’ll need to sign and date it, then mail or fax the appeal. You can also return it in person to the BWC’s customer service office.

Hire an Attorney

Ideally, you’ll have hired an attorney to help you with workers compensation Mentor OH as soon as you were injured on the job. The second-best time to hire an attorney is now. A workers’ compensation lawyer can help you in a number of ways. He or she can help you file your appeal on time, ensure you fill out all the forms correctly, and perhaps most importantly, accompany you to your appeal hearing. When you show up to your hearing with an attorney it shows that you mean business. Additionally, because a lawyer is used to being in front of judges, employers, and insurance providers, he or she can help you decipher legal jargon and help you to negotiate the best terms for your situation. 

When appealing a workers’ compensation claim, always work with a reputable attorney. Look for someone who is licensed, has strong reviews, and is experienced in workers’ compensation cases.

Why Estate Planning Is a Good Idea

Estate planning may be the furthest thing in the minds of many people. It’s understandable with more pressing things such as caring for your family, working your job, or tending to your business. Even today with all that is pressing around the world and with costs rising faster than our incomes, gaining some working knowledge of the benefits of estate planning may be a good idea.

If you agree, contact estate planning Clemson SC. There is no time like the present to gather facts and knowledge.

Estate Planning 101

A large number of important subject areas for individuals and families are handled by estate planners. Estate planning considers how assets will be preserved, protected, and distributed after death. Estate planning also provides for the management of assets, properties, and financial obligations in the event of serious incapacitation.

Some of the main components of estate planning include:

  • Creation of Wills
  • Establishing of Trusts
  • Arranging for Funerals
  • Naming of Beneficiaries and Executors
  • Establishing a Durable Power of Attorney
  • Creation of Legal Tax Avoidance Strategies

When gearing up to make initial contact with an estate planner, it makes good sense to establish an overview of your particular situation. Make an inventory of all your belongings and financial accounts. Plan out what you would like for your family upon your passing. Determine what additional directives you may need other than a will. Finally, review your beneficiaries.

Work with a Professional

Because the general area of estate planning is covered by numerous laws, some of which you may be only peripherally aware of, it is best to work with a professional estate planner. This is especially true if you may have a large or complex estate or if you have particular situations such as special-needs children. Also, after your plan is made, review it periodically as life events change. 

 

2 Most Popular Legal Services

Legal services are something most people do not want to need but require nonetheless. Thankfully, there are many options available for those in need of comprehensive legal services. Before you dive into services, you need to know what services are offered in the industry. Here are the top two most popular legal services.

The most popular type of legal service in the industry today is civil family processing. Civil family processing is the informal term that references a slew of services regarding deceased family members and interfamily disputes over money or property. These services can be incredibly helpful if you are dealing with the squabbles of irritated family members overcome with greed after a loved one’s death. In addition to legal support, it may be helpful to hire litigation advice Creve Coeur MO. By hiring litigation services, you can protect your family from all the drama that occurs after a loved ones’ passing, when it comes time to interpret their will, and divvy up the allocated assets among the family.

Another popular type of legal service is copyright services. Copyright is a set of rules that prohibit the theft of intellectual property. This can include music, media, or general bits of knowledge created and trademarked by a business for protection. Copyright law is essential in ensuring that what you created remains in your possession, and as such is a complicated process that often involves legal assistance. Online guides can help you determine whether a copyright lawsuit is the right choice for you.

These are the top two most common types of legal services you may require as a functioning adult or business owner in society today. There are many other types of legal services, and the world of law is vast and specific. Continue to learn more about the world of law by visiting many websites.

How To Choose an Executor

The executor of your estate is the person who takes care of your property and assets after you die. You name the executor in your will, and it is really important that the person you choose is up to the job. Here are some tips on choosing an executor. 

You Don’t Need To Choose a Financial Expert

If the person you want to serve as your executor has some experience with estate administration Ridgewood NJ, that can be helpful. However, it is not required. It is more important that the person is organized and can exercise common sense, which might mean consulting a professional if necessary. 

You Should Choose Someone Who Is Mature and Healthy

While the laws may vary by state, generally an executor has to be at least 18 years old in order to serve. Otherwise, there are no age limits. Nevertheless, you should take the person’s age into consideration. An 18-year-old may legally be an adult but may not have the necessary maturity to handle the job. A person who is already in their 60s or 70s may have the necessary maturity but may not be available to serve when needed. Choose someone who is mature and likely to outlive you. If you are concerned about the executor not being available, you can appoint a backup. 

Aim To Avoid Family Conflict

In many places, there is no law against choosing family members as executors. However, you may want to reconsider this decision. Unfortunately, conflict among relatives is very common after a death in the family. It may be easier for relatives to accept your decisions if they come from someone outside the family who doesn’t have anything to gain. 

A will is not an irrevocable document. It can be changed or updated as many times as you need. Therefore, you should check in with your chosen executor periodically and ask whether he or she is still willing to serve. If not, then pick someone else. 

Types of Family Law Cases

Family law is a very specialized area of ​practice, so lawyers who focus on this area are experts in the laws, procedures, and practices involved. Because family law cases can involve complicated financial, social, and legal issues, working with an attorney may leave you feeling overwhelmed. Depending upon your situation, you might have many questions about proceeding.

Family law firms generally handle the following cases under the broad umbrella of family law.

Child Neglect or Abuse Cases

When it comes to child neglect or abuse cases, most states do not have separate courts to handle these cases. The cases are typically handled in family law courts. Suppose someone suspects that a child has been neglected or abused by their parent(s). In that case, they can submit an affidavit to the court explaining the situation, and they will be allowed to appear in court to prove their case. The court will then examine all of the evidence presented and determine what is in the best interest of that child before making any decisions regarding custody, visitation rights for non-custodial parents, or terms for child support.

Domestic Violence Restraining Orders

If someone has been the victim of domestic violence, they may file for a restraining order to keep their partner away. A petitioner can request that an ex parte temporary restraining order (TRO) be issued first without even notifying their partner. However, if necessary, another hearing date will be set so that both parties will have the opportunity to present evidence at the hearing. If there are specific instances where they feel endangered by physical harm, they might also seek a civil stalking protective order.

Child Custody and Visitation Cases

In most family law cases tackled by a divorce lawyer Richmond Tx, child custody and visitation are handled as part of the divorce case if the couple can not agree. If no agreement can be made between the two parents, a judge will decide based on what they feel is in the children’s best interest. The court always tries to keep siblings together whenever possible and prefers keeping the children with their parent(s).

Child Support Cases

In some states, child support cases are handled separately from divorce cases. If this is done, someone who has been ordered by a court to pay child support does not have any rights regarding visitation with their children. For either party involved to seek the other’s participation decisions regarding education and health issues, the court must find it in the children’s best interest.

Divorce Cases

If a person wants to terminate their legal status as being married, they will file for divorce. A divorce petition is filed in court and given to the other spouse. The parties wait a certain amount of time depending on state law, then they can obtain their attorney and appear in court to obtain a decree of divorce, which legally ends the marriage.

Paternity Cases

Paternity cases are filed by a mother or a man claiming to be the father of a child when questions arise about who is legally responsible for paying child support or being named on a birth certificate as the child’s father. Paternity cases can also be filed if someone wants to establish rights as the father of a child, such as visitation with their children. To file for paternity, it must first be established that there is enough evidence that each party could be the baby’s blood relative before any legal action can occur.

The law surrounding families can be complicated and confusing, especially in cases where a couple breaks up. Several different family law cases have their own set of rules and regulations. Family law cases include divorce, paternity, child custody, child support, spousal support or alimony, domestic violence restraining orders, and child neglect or abuse. Family law cases also include prenuptial agreements before a couple gets married. These contracts spell out what will happen to property acquired during the marriage if one spouse dies or decides to divorce.

4 Reasons To Hire a Slip and Fall Injury Attorney

Slip and fall accidents can be very painful. According to the CDC, slip and fall accidents can result in various injuries, including:

-Broken bones in the wrist, arm, and ankle

-Hip fractures

-Lacerations

-Head injuries

These injuries require immediate medical treatment, and some require long-term treatment. If your injury occurred at a private residence, store, or public area, you deserve to be compensated by the property owner. You deserve compensation for your medical bills, lost wages, and pain and suffering. The best way to ensure you receive the money you deserve is by hiring a slip and fall injury attorney

If you aren’t sure if hiring an attorney is worth the cost, you should consider the benefits of having a slip and fall injury lawyer working for you.

#1 Case Assessment

If you don’t know much about personal injury law, you may not know if you have a case. Fortunately, a slip and fall injury attorney can help.

Your attorney will go over the circumstances surrounding your accident to determine if the property owner was at fault. They will also review your medical bills, the doctor’s prognosis and information from your employer regarding your lost wages. Your slip and fall injury attorney can use the information you have to determine if it is worth pursuing the case.

#2 Negotiating Your Settlement

Shortly after your accident, you will get a call from the insurance company for the responsible party offering a settlement. In many cases, you will get the call before you heal and know the full extent of your injuries. In addition, the settlement offer will likely be much less than you deserve.

According to The Law Dictionary, 95 to 96 percent of personal injury cases can be settled out of court; however, you will need a slip and fall injury lawyer handling the negotiation process for you. Your attorney will have an idea of what you deserve, and will negotiate with the insurance company, helping you get the compensation you deserve.

Attorneys are master negotiators, and could save you a lot of time and hassle if they negotiate a fair price.

#3 Case Preparation

If negotiations fail, your case will need to go before a judge and jury. The best way to ensure you have a strong case is by hiring a slip and fall injury attorney.

Your attorney can request your medical records to show the court the extent of your injuries. In addition, they can hire an investigator to gather witness statements that can be used in court and take photos of the accident site, proving the property owner was at fault. They will also request records from your employer to document your lost wages.

Without a strong case, there is a chance you will lose; therefore, you need an attorney working for you.

#4 Court Representation

You need more than a strong case to win your lawsuit. You also need an experienced attorney to present your case to the court. Your slip and fall injury attorney will provide an opening statement and present your case to the court. They question witnesses on your behalf and witnesses for the responsible party before making their closing argument.

When you hire a knowledgeable, experienced attorney to represent you in court, your chance of winning increases significantly.

If you experienced a slip and fall injury on another person’s property, you shouldn’t be responsible for the financial problems that come after the fall. Hiring a slip and fall injury attorney will ensure you get the compensation you deserve. You will also have someone in your corner to keep you updated on the progress of your case and a sounding board when you get stressed and impatient while waiting for a resolution.

This Is What To Do After A Motorcycle Accident

A motorcycle accident can occur when you least expect it, and before you know it, you’re lying on the floor. It’s difficult to react when you realize what has happened. You might feel like walking, but you probably can’t move because of injuries. Regardless of the situation, there are specific actions you should take when you or your loved one is wounded in an accident.

Go To A Safer Place

Most riders usually assess motorcycle damage in motorcycle accidents. But, being at the accident scene puts you and other road users in danger. Always think of your safety, even if it means leaving the bike behind. Moving the bike can taint the evidence. If you crash at the corner, stand in a place to stop the traffic.

Do Not Remove The Safety Gear

Usually, after an accident, the victim is in shock and may not feel pain or injuries. Always wait for paramedics before removing the helmet to avoid exacerbating injuries.

Check If There Are Casualties

After your own safety, make sure others are safe. Call an ambulance if necessary, and keep everyone away from the accident scene to avoid disrupting traffic. Once everyone is safe, you can focus on other issues, like collecting evidence.

Call for emergency services.

After a motorcycle accident, you should call emergency services as soon as possible. Remember, many people get in shock after an accident, and it’s not easy to react. If you’re terrified, ask someone to call for help. It’s best to have mobile apps and devices to notify police or emergency contacts.

Gather Information

Though it might appear uncivil, it is vital to acquire proof for insurance and other legal needs. Even if it was a single-vehicle collision, you should ensure to take every detail. If you can’t take pictures, ask someone to do them for you. You can also take a video of witnesses at the scene to back up your evidence.

Seek Medical Assistance

It’s vital to seek medical attention immediately after an accident. Even if you don’t have physical injuries, it is best to check for internal injuries. Your lawyer will also require your medical history when claiming compensation.

Take the Driver’s Information

After the collision, make sure you identify the motorist so you can file a claim with their insurance company. To do so, you need the driver’s name, contact details, license number, insurance name, policy number, model, and make of the vehicle.

Provide A Statement To The Police

A police officer will ask you for a statement about the accident at a hospital or the scene. Make sure to answer every question calmly, but never apologize or accept blame for the accident. It requires an investigation to ascertain what happened. So, if you accept blame, it may be difficult to get full or partial compensation.

Looking For Legal Guidance 

Most motorcycle riders are usually disappointed with the outcome of their injury claims because they settle with the wrong lawyer. Motorcycle accidents are under motor vehicle accidents but should be taken as their own. So, make sure you settle for an attorney specializing in motorcycle injury claims and not a general lawyer.

Inform Your Insurance Company

Regardless of who is at fault, you must contact your insurance company immediately. Check your insurance policy and adhere to the deadline to report. An accident report is not similar to the claim. Your insurance provider may cover certain losses, especially if the motorist at fault is uninsured. But, you shouldn’t fail to submit a claim whatsoever.

Nobody wants a motorcycle accident, yet they happen. The priority is your safety and that of others at the accident scene. Gather evidence, seek medical assistance, and consult a lawyer.

Safety Tips To Prevent Car Accidents

Every time you drive, you are responsible for protecting yourself, passengers, and other drivers. Statistics show that so many deaths and fatal injuries occur each year worldwide. Some accidents can be avoided if certain precautions are put into place.

Be Cautious At Night

You may find crazy drivers during the day, but they can be even worse at night. Most drunken driving cases occur at night, which is quite dangerous because the vision is not as clear as during the day. Therefore, have extra concentration while driving at night.

Do Routine Maintenance Practice

Keep up with regular car maintenance by visiting a local mechanic. Avoid driving on old tires because they can blow out and cause an accident. Have you checked your car if you notice any weird sounds on the road? Knowing how your car performs will help you avoid driving situations that might lead to car accidents.

Maintain A Distance Between Cars

Safe driving rules advise drivers to keep a safe distance from the car in front of them. A driver needs time to react if a car stops or turns. Preferably, keep a safe distance in case you need to brake suddenly.

Beware Of Blind Spots

Always stop and look. While turning right at an intersection, look both ways twice before pulling into the car. A car might appear out of nowhere and hit you. Be cautious of blind spots in rearview mirrors or road signs.

Don’t Drive Drowsy

Avoid driving when tired because the repercussions can be fatal. A little drowsiness might cause a deadly situation and endanger your life or that of other road users. Prevent accidents by getting enough sleep before going on a journey. If you feel drowsy, ask your companion to take over or find a place to rest.

Do Not Drive Under The Influence

The main precaution is to avoid driving under the influence of substances or drugs. No amount of alcohol is safe when driving. Alcohol impairs your vision and decision-making, and DUI is a punishable offense under the law. If you must drink, look for a cab or a driver to take you home.

Avoiding Distractions While Driving

Calling, texting, or watching videos are major distractions while driving. Everyone can wait, and those calling you will understand. To prevent accidents, focus solely on the road to prevent accidents.

Be Cautious Of The Weather

Avoid driving in poor weather. Be particularly cautious if driving in fog, snow, or heavy rain. During this time, the roads are usually slippery and dangerous. Take extra caution by slowing down and taking care when around curves. If the weather worsens, locate a safe place and wait for the weather to change.

Do Not Over Speed

According to the National Highway Traffic Safety Administration, overspeeding is a major cause of car accidents. Yes, speeding saves some minutes, but it increases the risk of an accident. So, observe speed limits on the highway. If you want to rush, depart early when there’s no traffic.

Avoid Moodiness When Driving

Research shows that angry people who get behind the wheel drive more aggressively, increasing the dangers of car accidents. This is because their emotions may impair their judgment.

Wear a safety belt

Most people don’t realize they need seat belts, yet they must be worn while driving. A seat belt is the first line of protection in an accident. If you are securely belted, you will prevent head injuries, being thrown out of the vehicle, and fractured bones.

At times, it’s the obvious things that have the largest impact. Every driver has taken classes, and that is why they have driving licenses, but they are the ones that cause most accidents. While driving, observe speed limits, be sober, and avoid distractions.

The Final Compensation of The Car Accident Victim

Oftentimes, the damages of the victim of the traffic accident are very important and certain positions must be carefully controlled, verified, and negotiated by the pair, with specialized lawyers and specialized doctors, assisting the victim. If the determination of the damages belongs to the medical adviser, the compensatory translation of the bodily injury belongs to the lawyer.

The Third Party

The “third-party assistance” injury item is one of the most disputed and debatable items and, for good reason, it will depend essentially on the assessment of the expert as to the needs of the victim with a disability by the hour per day, for a determined cost.

The Assessment of Injury

The role of the lawyer for victims of bodily injury is essential in the evaluation of the injury and therefore the control of this type of injury. Indeed, he will intervene within the framework of the medico-legal discussion where he can, for example, ask to raise the hourly cost fixed for human aid. Instead of 10 dollars per hour, he would be able to negotiate the raising of this cost to set it between 15 dollars and 18 dollars per hour, to take social charges into account. This is only an example.

The Victim’s Lawyer

The lawyer of the victim of the accident can also negotiate the duration of this human assistance according to the tasks necessary to accomplish for the victim in a situation of handicap. The compensation for the victim will be made item by item. Thus, all damage suffered by the victim as a result of his accident must be taken into account, whether of a financial nature such as:

  • Loss of salary
  • Health costs
  • Costs of specific equipment

Or, if it is of an extra-patrimonial nature, such as:

  • The suffering endured
  • Consequences related to performing intimately in a relationship
  • On family life
  • On the leisure activities practiced and the final rate of incapacity remaining to be borne by the victim before and after consolidation

Severe Disability

In the event of a severe disability, obviously, the final amount of compensation will be high for the purpose of the compensation of the disability on the environment of the victim. The degree of disability suffered by the victim after his consolidation will be the subject of an in-depth analysis.

The Negotiations

In order to best optimize the compensation of his client, the lawyer intervening in bodily injury will first enter into negotiations with the insurance companies. Thanks to his mastery of the law and case law, he will be able to argue with the investigators appointed by the companies in order to vary the amount of compensation initially proposed.

The Judge and Lawyer

In the event of persistent disagreement on the amount of compensation, the lawyer may summon the insurance company for interim measures in order to bring the procedure to justice. In this case, the parties will rely on the sovereign assessment of a judge who will act with complete impartiality and independence, even if it must be noted that in practice the judicialization of the procedure is almost always favorable to the victim. The lawyer may ask the judge to order new legal expertise on the person of the victim.  Pending the final outcome of the proceedings, the car accident lawyer may request the allocation of a provision for his client to claim against the final amount of compensation.

5 Reasons To Hire a Green Card Attorney

If you want to be a United States citizen, obtaining a green card is the first step. According to The American Dream, a green card provides many of the same rights as a U.S. citizen, including:

-Unlimited residency in the United States

-The ability to legally work in the U.S.

-The ability to leave the U.S. and return without a visa or ESTA

-After five years, you are eligible for government assistance and Medicare benefits.

-Studying at a U.S. university is 80 percent cheaper with a green card

-Federal and student loan access

-Obtaining business and commercial licenses easily

-Your spouse and family under 21 are automatically eligible for a green card.

After having a green card for three to five years, you can apply to be a U.S. citizen.

If you are in the United States illegally or want to move here permanently from another country and need a green card, it is best to hire a San Jose green card attorney to help you along the way. If you aren’t sure if it is worth the cost to hire an attorney, you should consider the benefits of having a lawyer in your corner.

#1 You Won’t Be A Victim Of Fraud

Many immigrants hoping to get a green card often hire an immigration consultant, also known as a notario, to assist them with the green card process. Working with a consultant may sound like a great idea because they offer their services at a lower price, but many don’t have the knowledge or experience to help. They may even charge you for their services even though they know you aren’t eligible for a green card.

Hiring a green card attorney can help. An attorney has the expertise and knowledge of the immigration system and can let you know if you qualify and will work with you through the entire process.

#2 Details Matter

According to Citizen Path, between 2016 and 2019, over 133,000 green card applications are denied. If you don’t want this to happen to you, consider hiring a green card attorney.

Details are essential in any green card case, and your attorney will ensure all the I’s are dotted, and the T’s are crossed. For example, many greed cards are denied for filing the wrong form, which won’t happen if you have an attorney. In addition, your attorney can let you know what you need to do and what you shouldn’t do to increase your chances of getting a green card. They will ensure that every detail has been handled and problems won’t come up due to something that was overlooked.

#3 Problem Solving

If you have a green card attorney, you will have someone there to handle problems if they arise. Your attorney will be able to detect potential issues before your case goes off track. If it does, they can take immediate action to prevent you from being stuck in government limbo or having your application denied.

#4 Relationships With Government Immigration Officers

Experienced green card attorneys work with government immigration officers and lawyers often, and have good professional relationships with these people.

Many immigration officers are more likely to consider proposals made by an attorney they have professional relationships with because they trust the attorney. As a result, a Jose green card attorney can help the case move faster while avoiding unnecessary complications.

If your dream is to become a United States citizen and you want to start the process by getting a green card, an attorney can walk you through the process and increase the chances of having your application approved.