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Archive for the ‘Legal’ Category
Car accidents are complicated enough on their own, and if the accident occurs on the job or in a company vehicle, that adds yet another piece to the puzzle. Meanwhile, most employees don’t think about what happens in an accident—until after it happens. Talking to your employer about the implications of an auto accident is an important step, especially if you frequently drive for work. Multiple factors come into play in a work-related car accident.
Vehicle Ownership
Most employers provide company vehicles for employees who must frequently drive as part of their regular job responsibilities. If so, then the employer is responsible for providing adequate insurance coverage on the vehicle. This is called “vicarious liability,” when a relationship between people are entities means that they can be held accountable for certain specific actions of the other party. In this case, employers are considered responsible for their employees’ safe operation of company vehicles.
Generally this coverage is used first; if certain expenses, such as medical bills or lost wages, exceed those of the employer’s policy, then the employee may also make a claim under his or her personal insurance. Note that some personal coverage cannot be applied if another policy exists, so talk to your insurance agent about whether your personal policy can be used for any shortfall in the company coverage. Meanwhile, if an employee is driving a private vehicle when the accident occurs, the only option is to make a claim under his or her personal insurance.
Company Business and Car Usage
An employer’s coverage only applies if the employee is using the vehicle for “company business.” That is, a delivery truck driver who gets into a fender bender using the truck for errands on the weekend, won’t be generally covered by the employer’s policy. The following activities qualify as company business:
- Deliveries or other driving listed in the employee’s job responsibilities
- Company-sanctioned travel, such as driving to a conference or a client meeting
- Work-related errands
Note that driving to and from work does not qualify as “company business.” In most cases, the employee must have reported to the work location before any actions will be regarded as company business. This means that accidents on the way to work, or home after, are the responsibility of the employee.
In addition to insurance coverage, employees may also be entitled to worker’s compensation. This is available if the employee is injured during an auto accident and was on company business at the time of the accident.
Hiring an Injury Attorney
Employers may attempt to hold the employee responsible for any deductibles. They may also resist paying worker’s compensation. That’s why it’s important to hire a skilled car accident attorney if you are in an accident. Having legal representation often makes the process go more smoothly, and protects the employee from unfair treatment or denial of benefits. Meanwhile, if the case does require litigation or settlement negotiation, a qualified personal injury attorney has the knowledge and experience to ensure that the employee’s rights are properly protected.
Suffering an auto accident can be more than inconvenient—it can also be expensive. You may find yourself in need of medical treatment or a new vehicle, or you may be out of work. Many people avoid hiring an attorney because they see it as yet another accident-related cost. However, hiring the right personal injury attorney can actually make all the difference in the outcome of your claim. Here’s why:
- Personal injury attorneys have relevant experience. Not only have they worked with cases similar to yours, but they have also worked with insurance companies before. This experience often proves vital. A qualified accident attorney can evaluate your case, give you an estimate of what it may be worth, and walk you through each step of the claims process.
- Accident attorneys can expedite the process. Insurance companies may draw out the claims process, making it unnecessarily long and complicated for claimants. This tactic eventually causes some people to simply drop their claims. But insurance companies often abandon this strategy with attorneys, who are extremely well versed in the process and can work to expedite the claim.
- A legal team has more resources. While an individual might not have the ability to find the right expert witnesses or navigate the paperwork associated with a claim, personal injury lawyers have easy access to the right resources. They know qualified expert witnesses and have an entire team devoted to the satisfactory resolution of each case.
- Auto injury attorneys can negotiate more fair settlements. Often the insurance company will offer an extremely low amount as a settlement. Auto accident lawyers advise against taking this first settlement, which usually doesn’t represent a fair amount. They can negotiate a settlement that actually covers the client’s expenses.
- Attorneys have courtroom experience. In the event that your case does go to trial, legal representation will be indispensible. Although claimants are legally permitted to represent themselves, this usually isn’t a wise move. Failure to follow proper procedure could result in the case’s being delayed or even dismissed.
- Representation usually means higher payment. Statistics consistently show that claimants who hire attorneys receive higher payments or settlements. That’s because attorneys have more negotiation experience, insurance companies are more likely to take their cases seriously, and claimants are less likely to make mistakes that impact the process.
- Personal injury attorneys get payment only if you recover money. Hiring an auto accident attorney requires no financial investment. The attorney’s payment is contingent upon winning your case. Therefore enlisting a lawyer involves no real risk, but does confer multiple potential benefits.
Hiring an attorney is the first step in getting a favorable outcome for any auto injury or property damage claim. The right lawyer can significantly improve the outcome of your case, ensuring that you get the payment you’re entitled to.
Stamatakis & Thalji, accident attorneys Tampa, accident lawyers Tampa, personal injury attorneys, personal injury lawyers, insurance claims, auto accident claims, auto injury claims
Suffering a car accident can be traumatic, especially if anyone suffers an injury. The good news is that most accidents involve only minor injuries that heal on their own, without medical intervention. However, some more serious injuries may not even have outward symptoms. It’s important for anyone who suffers an auto accident to seek medical attention to get any potential injuries diagnosed and treated as soon as possible.
Types of Injuries
Usually automobile accidents cause trauma to the skeletal system and the soft tissue around it. The more delicate the body part, the more prone to injury it is. That means that the neck, back, and brain are prime candidates for injury during an accident.
- Whiplash: The single most common accident injury, whiplash occurs when the soft tissue in the neck is damaged by abrupt movement. The muscles, tendons, ligaments, and nerves can become stiff or swollen, causing restrictions on movement and soreness. Usually these symptoms subside after a few days, but if they persist, it’s important to see a doctor.
- Back pain: Any time the spine and back muscles are moved abruptly or unnaturally, back pain can result. While whiplash tends to occur in rear-end collisions, back pain can arise after virtually any accident. Like whiplash, most minor back pain should go away in a few days. However, if you experience shooting pain, numbness, or pain that lasts more than a few days, go see a doctor.
- Joint damage: Many people bang their knees against the bottom of the dashboard during a collision. However, other joints may also be injured, particularly the hips, elbows, and ankles. Joint damage may include swelling, soreness, sprains, fractures, and dislocations. Any sort of joint injury requires medical attention.
- Concussion: A concussion occurs when the brain makes contact with the skull, usually due to a hard blow to the head. They range from mild to severe. Symptoms include dizziness, sleepiness, bruising around the eyes, memory loss, and disorientation. Anyone who suffers a blow to the head should go to the hospital to ensure that any damage is caught and treated.
- Traumatic Brain Injury (TBI): These are far more common in side impact collisions, where the head makes contact with the side window. Although less common, TBI are more serious than other kinds of auto accident injuries. Skull fractures, brain bruising (hematoma), and severe nerve damage all qualify as TBI and require immediate medical attention.
When to Get Help
For more serious injuries, call 9-1-1 and head to the emergency room. If you suspect that you’ve suffered an injury, go to a doctor whom you trust. Skip those “physician referral” services, and visit your general practitioner. Get a referral to a specialist for any more specific concerns.
You may face resistance from your insurance company when filing for coverage of medical expenses. Note that because Florida is a no-fault state, your insurance company is responsible for your medical expenses and lost wages, up to the limits of your policy. Meanwhile, if the other driver is faulted in the accident, his or her insurance should cover any costs that exceed those covered by your insurance policy. Most claimants find that hiring an auto accident attorney significantly reduces the time it takes for their claims. Furthermore, if a case must go to court, a personal injury attorney is a vital ally for the litigation process.
For the best outcome, get a full medical examination if you’re in an accident and suspect more than minor injuries. Keep careful records of all treatments and expenditures. Finally, choose a reputable attorney who has extensive experience with auto accidents and personal injury litigation.
Since 1972, Florida has been a “No Fault” state. That means Florida drivers are required to carry Personal Injury Protection (PIP) insurance to cover them in case of an accident. This coverage provides money for medical bills, lost wages, and burial or funeral expenses that are incurred as the result of an auto accident. If you are injured in an accident, your PIP insurance will cover the bills, even if the other driver is faulted for the accident; hence the nickname “no-fault insurance.”
What Does PIP Insurance Cover?
Every Florida driver is required to carry at least $10,000 in PIP coverage. Regardless of who is faulted in the accident, your PIP insurance pays for any of your medical care, lost pay, and even funeral expenses if needed. However, coverage is not limited only to the person who purchases the policy: PIP also covers any children or other family members, and most car passengers, especially if the passenger does not have PIP insurance:
- Children riding the school bus are protected by their parents’ PIP insurance.
- Pedestrians who are injured or involved in an auto accident may make claims for injuries on their PIP policies.
- Passengers in other people’s vehicles may be eligible for payments under their own policies, or those of the car driver. Generally one insurance company agrees to be the primary insurance, while the other pays any excess cost not covered by the primary policy.
What’s the Benefit of No-Fault Insurance?
Although people have argued that PIP insurance unnecessarily drives up the cost of auto insurance, the practice has multiple individual and legal benefits. The primary goal of requiring PIP insurance is to reduce the number of personal injury cases, thereby relieving some stress on local legal systems.
Meanwhile, car accident victims no longer have to wait for insurance companies to make decisions about which costs they will cover. Since the financial responsibility clearly falls on one insurance company, there is less delay for payment. Policy holders often can avoid litigation altogether, reducing their out-of-pocket expenses.
What if My Costs Exceed My Coverage?
It’s important to note that if the other driver is faulted for the accident, the driver’s insurance company is responsible for any medical costs or lost wages that exceed the limits of your PIP coverage. While the insurance company may be willing to pay, it may be necessary to follow a lengthy process.
If the insurance company resists payment, the next step is usually litigation. It’s critical to choose an attorney with extensive experience in personal injury and auto insurance cases. The right auto accident attorney can expedite the trial process and get the best payment for you.
Florida’s PIP insurance requirement protects you and your family from unexpected costs associated with car accidents. The additional cost for a more comprehensive policy is worth knowing that you’ll have the financial safety net you need after an auto accident.
Suffering an auto accident can be a stressful experience: injuries, missed work, and property damage certainly make life more complicated. Often an attorney can help ease the stress and ensure that you get sufficient compensation from the insurance company. Many personal injury attorneys specialize in auto accident cases, so it’s important to choose an auto accident attorney carefully.
Why Hire an Attorney
Ultimately, choosing the right attorney means a faster resolution and a higher payment. Studies show that people who enlist attorneys for their auto accident personal injury cases obtain payments about 3.5 times higher than those who represent themselves.
Because personal injury attorneys have extensive experience in navigating the insurance claims process, they are well versed in proper procedures and processes. Meanwhile, insurance companies tend to take claimants more seriously when they have legal representation, expediting their cases and refraining from offering inadequate settlements.
Finding a Reputable Attorney
Note that every attorney has a different specialty, so it’s best to choose an attorney who has extensive experience with personal injury and auto accident cases. If you have an attorney for other affairs, he or she may be able to recommend a personal injury attorney. Otherwise, contact the local Bar association for referrals.
Once you have a list of prospective matches, contact each office and ask about scheduling a consultation. The consultation should be free. Avoid lawyers who want to charge for the consultation, before they have even accepted your case.
The Initial Consultation
During this first meeting, the attorney should be attentive to the details of your case. He or she should also take time to explain the process, including what steps you’ll need to take next, how long the entire claim should take, and what you can expect in terms of payment from the insurance company. It’s important to address the following issues during the consultation:
- How is the attorney compensated? Most personal injury attorneys take a percentage of any claim payment, rather than charging hourly or flat rates. That arrangement means that your attorney is highly motivated to get you maximum payment from the insurance company. Stay away from personal injury lawyers that charge up-front fees.
- What is the case worth? An honest attorney will offer a realistic assessment of how much a case might be worth. Ask the lawyer to explain the rationale behind the figure he or she offers. If the number seems inflated, seek a second opinion.
- Who will actually handle my case? At many firms, you may meet with one attorney, while another actually handles your case. Ask how this works, how accessible your attorney will be, and who will actually represent you if the case goes to court.
- What expenses is the insurance company responsible for? Every accident is different. In some cases, the insurer will be responsible for lost wages, property damage, and medical expenses. The lawyer will need to review the details of the case before making this determination.
In the end it’s important to select a personal injury attorney who makes you feel comfortable with the process and remains clearly focused on your best interested.
Florida has more sinkholes than any other state in the country, so they present a real concern for home and business owners. As a sinkhole grows, any building above it also shifts, often causing significant damage. Although sinkhole damage is covered by homeowner’s insurance, the insurance companies often make it difficult for homeowners to get the repairs they need to keep their home safe. Following the proper procedure for filing a sinkhole claim can help you get the repairs done right the first time.
- File a claim as soon as you suspect damage. The process of going through all the necessary steps to file a claim can be a long one, and the insurance company may drag it out to avoid paying the claim.
- Document every step of the process. Take pictures of the suspected sinkhole, along with any related damage. Continue to take pictures if the damage worsens, to document the progress of any leaks, cracks, leaning, or other visible signs of structural damage.
- Insist that the insurance company provide everything in writing. If your adjuster promises an inspection visit within one week of filing, ask for a letter stating that. Request copies of any reports that the insurance company’s inspectors provide, along with any repair estimates.
- The state mandates that “neutral evaluators” inspect all potential sinkholes. However, these experts are almost exclusively employed by insurance companies, and may not provide an objective opinion. Consider investing in an independent investigation by your own team of experts.
- Don’t take the first settlement that the insurance company offers. Often this figure isn’t enough to cover the cost of repairs, but the insurer hopes that the homeowner will take the settlement out of impatience or lack of knowledge.
- When it’s finally time for repairs, pay close attention to any estimates or work bids. Usually the insurance company will award the project to the lowest bidder, even if that person’s estimate doesn’t include sufficient repairs to fix all the damage. Meanwhile, these low bids may contain clauses stipulating that the homeowner is responsible for any costs above and beyond the price quoted on the estimate.
- Consult a qualified sinkhole attorney if you feel overwhelmed or frustrated with the process. A sinkhole lawyer can review your case and help determine whether the insurance company is truly acting in your best interests. The lawyer can also expedite the claim process, preventing the insurance company from unnecessarily extending your repair timeline.
- Report the damage to the county as required by law. Any time an insurance company pays a homeowner for sinkhole damage, it must be reported to the county clerk of court. That way the state can monitor whether repairs have actually been made and prevent sinkhole insurance fraud. This requirement also provides important documentation if a home is placed on the market—potential buyers can see a record that a payment was made and repairs were completed.
Dealing with the insurance company to resolve a sinkhole claim can be a challenging and frustrating experience. Don’t be afraid to demand fair treatment and protect your investments, and consult a lawyer if you need help.
Sources:
http://sinkholedamageblog.com/2010/06/sinkhole-claims-and-public-information/
http://www.sinkteam.com/sinkhole-repair-and-information/neutral-evaluation/
Chapter 7 bankruptcy is the most common bankruptcy in the United States. Both businesses and individuals may be eligible, and many find it preferable because most debts can be discharged, leaving the debtor largely debt free. It’s sometimes called a “straight bankruptcy” because it doesn’t require any repayment before the debt is discharged (as required by Chapter 13 bankruptcy).
Chapter 7 is one of the fastest and most effective ways to file for bankruptcy. Usually cases are complete within three to six months. Both businesses and individuals may opt to file for Chapter 7 bankruptcy.
Chapter 7 for Businesses
Businesses may choose Chapter 7 bankruptcy, or they can be forced into it by their creditors. Unlike other forms of business bankruptcy filings, a Chapter 7 means that the business must stop operating. The only exception is if a trustee is appointed to liquidate (sell) the available assets. The trustee immediately begins selling the company’s assets and making payments to creditors.
- Often a business in Chapter 7 will sell entire divisions to another company.
- Instead of discharging the debt, a Chapter 7 filing simply dissolves the corporation or partnership.
- As soon as all the debts are paid, the case is closed. If everything is liquidated, and there is still debt left over, that debt persists until the statute of limitations runs out.
Chapter 7 for Individuals
Chapter 7 is an attractive option for individuals because it doesn’t require a payment plan like Chapter 13 bankruptcy. Furthermore, some property and assets are exempt from being liquidated, so debtors usually get to keep the necessities, such as a vehicle and their home. A trustee is appointed to liquidate eligible assets, which include investments, savings, second or vacation homes, second vehicles, and other expendable assets.
- Some types of unsecured debt are not eligible to be discharged. These include child support, spousal support, income taxes less than three years old, property taxes, fines and restitutions for crimes, and student loans (unless the student can prove extraordinary hardship).
- A Chapter 7 bankruptcy stays on a person’s credit report for ten years, as opposed to the seven of a Chapter 13.
- In order to file for Chapter 7, the debtor must prove that he is unable to fully or partially repay the debt within five years. If that’s not the case, the US Trustee may require the debtor to file for Chapter 13 instead.
Creditors whose loans are secured with property–for instance a mortgage, which is secured with the home or land–cannot take any assets from debtors who file for Chapter 7. They may only repossess the property used to secure the loan. That makes Chapter 7 an attractive option for people whose debt is mostly unsecured, such as credit card debts.
Filing for Chapter 7 bankruptcy may actually be the best step toward credit repair, since most debtors walk away with very little unsecured debt. A bankruptcy attorney can help you determine whether filing for bankruptcy is the best approach for you.
SOURCES
http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx
Facing a foreclosure can be frightening, not only because it means giving up one’s home. Most homeowners also face uncertainty about what happens during a foreclosure. It can take months—and sometimes even years—to go through the entire process. Knowing what to expect every step of the way can make a huge difference. Here’s a step-by-step guide to Florida foreclosures:
- The lender sends Notice of Default: The mortgage lender sends a letter to the homeowner that states how much money is owed, and when the payment was due. The Notice of Default outlines what the homeowner must do to avoid the lender’s initiation of bankruptcy proceedings.
- The lender files Lis Pendes: Lis Pendes is the form that outlines the lender’s intent to sue the homeowner for the balance of the loan. It is filed at the county courthouse, in the county were the property is located. Once the lis pendes is filed, the court notifies all the involved parties of the upcoming lawsuit.
- The homeowner receives a summons: The court delivers the paperwork for the lawsuit via a process server. The process server will give the homeowner a copy of the summons to attend court, a copy of the complaint filed by the lender, and a copy of the lis pendes. The summons includes the date and time that the homeowner must appear in court.
- The homeowner can file an answer: An answer is the homeowner’s opportunity to prove that he/she shouldn’t be foreclosed upon. From the time of receiving the summons, the homeowner has 20 days to file an answer. The answer must provide legal reasons for stopping the foreclosure, and also necessitates a preliminary hearing. Filing an answer ensures that the court will not simply make a default ruling against the homeowner.
- All parties attend the preliminary hearing: The judge listens to each side’s case and makes a decision. If the homeowner has a legitimate response, the judge may rule that the lender must grant a grace period for the homeowner to make good on the delinquent payments. But if homeowners simply haven’t made payments, the judge will usually rule for the lender, and foreclosure proceedings will begin immediately.
- Both parties go to the summary hearing. If the judge doesn’t make a ruling to start foreclosure proceedings at the preliminary hearing, a summary hearing is set. At this hearing, both the lender and the homeowner present testimony. Generally the homeowner’s best bet is to prove that payment has been made. If this isn’t the case, the judge will allow the lender to foreclose on the property.
- A foreclosure sale date is set: The judge sets a date for the foreclosure property to be sold, usually 30 to 60 days after the hearing. On this date, the property is sold in an auction at the courthouse. After the sale, the court will confirm the sale and transfer the title.
- The lender may file for a deficiency judgment: In the state of Florida, homeowners are still responsible for the balance of their mortgages, even after foreclosure. The lender has four years from the sale of the property to file for a deficiency judgment.
Many homeowners choose to enlist a foreclosure or loan modification attorney, especially if they cannot fulfill the requirements in the Notice of Default. A loan modification attorney can assist the homeowner in negotiating payments, loan modifications, and foreclosure timelines as needed, in addition to filing necessary paperwork and interacting with the lender. If you are facing a foreclosure, contact Stamatakis & Thalji.