Claims You can Make after a Car Accident

By on 8-01-2015 in Worker Accident

Filing for an insurance claim after a car accident can be tricky and complicated. It is always important to have documents and reports that you could use to back up your claim, as each circumstance can be different. However, even with the differences in circumstance, the process by which insurance claims go will be pretty much the same for everyone. For many Des Moines car accident attorneys, these processes and proof are the baseline for whether a compensation (for medical expenses, damaged property, lost wages, pain and suffering, etc) will be given or not.

There are generally two types of insurance claims that a claimant can file: a first party and third party claim. The type of insurance claim you will file will rely on who caused the accident, the type of accident, and the scope of the insurance coverage that the involved parties have. First party claims are the type you file to your own insurance company, such as when you were the one who caused the accident. Third-party claims, on the other hand, are the type that you file to the other party’s insurance provider. Third-party insurance claims are the most common ones, since it can be used any type of accident that is caused by another person or business.

It is imperative that the accident should be reported to the insurance company as soon as possible, and no later than 24 hours after the accident. You will have the responsibility of contacting the at-fault person’s insurance provider, and provide details of the accident and the magnitude of damage and injury that it caused. As it says on the website of Habush Habush & Rottier S.C. ®, car accidents can lead to serious or even life-threatening injuries. Filing an injury claim would be one way to have financial help after the accident. After all the documents and evidence is given and presented to the insurance provider, a settlement check will then be provided.

Drunk Driving in Texas

By on 8-01-2015 in Worker Accident

The state of Texas, in accordance to their Texas Penal Code Section 49.04, consider driving while intoxicated (DWI, also known as driving under the influence or DUI) and often entails heavy fines, imprisonment and even possible criminal records. According to the website of the Law Offices of Mark T. Lassiter, these penalties that can haunt a person for a very long time, and can greatly affect their social, financial, and personal life. This is the reason why lawyers such as those from the  find it essential for those being charged with criminal DWI to have the best lawyers – without proper legal representation, a person charged with criminal DUI/DWI can suffer from undesirable penalties that can otherwise be avoided.

There are generally two types of punishments that can follow a DUI/DWI charge: administrative and criminal. Under the administrative charges, the driver’s license can be suspended. This suspension can happen even before the DUI/DWI conviction, or when refusing or failing a sobriety test or simply just being caught and arrested for DUI/DWI despite cooperating with the police. After the arrest, the driver will have to present themselves to court for arraignment, trial (or negotiated disposition), and sentencing. A DUI conviction will be considered a misdemeanor if there are minimal damages and injuries, but can be categorized as a felony if serious injury or death resulted from the DUI/DWI arrest. Other factors such as having a child inside the vehicle will be also be considered by the criminal court.

DUI/DWI convictions will afterward be a criminal record that, under the State of Texas, remains in the person’s records indefinitely. Texas state law does not allow the non-disclosure or expunctions of DUI/DWI convictions, and this would allow credit bureaus, employers, and any other authorized organization to access and view your criminal history. The website of Ian Inglis Attorney at Law states that a DUI/DWI conviction on your criminal record can have far-reaching effects, such as higher insurance rates, costly probation fees, and travel restrictions, among many others. It is therefore essential to find a lawyer who can help in preventing these things from occurring. As there are differences in each state laws regarding DUI/DWI, it is vital to get someone who works and understands the laws in your state, and how these regulations will affect the outcome of the DUI/DWI arrest.

What Happens (to my stuff) After Death?

By on 8-01-2015 in Worker Accident

Not everyone is comfortable or understands how estate planning or estate litigation works, which explains why approximately half of Americans are without a will, with fewer having an estate plan. Most people think that they don’t need to have a will or an estate plan because they don’t have an estate, but this is a misconception. Estate, in legalese, refers to everything (home, investments, personal property, retirement plans, bank accounts, and interest in a business or partnership) that you own in the time of your death.

Estate planning involves legal documents such as wills, beneficiary designation, revocable trusts, and many others. These legal documents will protect not only your assets and personal properties, but also your heirs and beneficiaries. Estate planning can prevent family conflict and expensive and long probate court proceedings, as well as unforeseen creditors. The will or living trust will provide instructions and details on the allocation of the property, while beneficiary designation specifically indicates to whom life insurance proceeds and retirement accounts go to.

Having left no will or any other legal document that discusses the distribution of the deceased person’s property, the estate will then be handled by the probate court in accordance to state law. The legal team at the Mokaram Law Firm often see how this results in conflicts between inheritors and sometimes these results are not what you would have wanted.

Finding the right estate lawyer can be tricky, so one thing you should look for is a good personality fit. Estate lawyers will be given the authority and durable power to handle the affairs of your estate, and they will be the people who will be dealing with your spouse or other family members in the event of your death. It is vital, therefore, that everyone can get along or be civil with each other. Additionally, it is just as important to find an estate lawyer well-versed in estate laws, not only in writing wills and being health care proxies.

Suing Your Employer

By on 8-01-2015 in Worker Accident

Accidents in the workplace can be dangerous, therefore strict safety gear and procedures are rigidly imposed on worker in dangerous industries. In most cases, workers are prohibited from suing their employers after a workplace accident. The reason for this is the implementation of workers’ compensation – a trade-off between the employers and injured workers, who will forgo their right to sue their employer in exchange for receiving workers ’ compensation benefits for workplace related incidents. However, even with this no-fault system, there are certain circumstances that would allow an injured worker to file a lawsuit against their employer or co-worker. According to the website of the The Benton Law Firm, here are some examples of situations that a worker can file personal injury lawsuit:

  • Intentional torts – a worker has the right to file a personal injury lawsuit against their employer if the actions and resulting damages were intentional in nature. The injuries are not limited to physical, but also cover for non-physical injuries like trauma and emotional distress. Examples of such intentional torts are: battery, trespassing, invasion of privacy, assault, defamation, false imprisonment, and many others.
  • Third-party torts – if the accident and injury were the result of negligent or reckless actions of a third party (that is, other than your employer), you have the right to file a lawsuit against that party, such as those who made and supplied defective equipment. When have been rewarded damages for the injuries, you may be required to give back a certain amount to your employer (or their insurance company) as payment for the worker’s compensation you have received. Another option is to have them as parties in the lawsuit in order to recover the pain value of worker’s compensation.
  • Wrongful termination or denial of worker’s compensation benefits – workers’ compensation claims are an administrative process, and therefore any appeal for the benefits awarded will only be welcomed only after all administrative processes has been expended and all the parties have not reached a settlement. You then have to pursue your claim in a special worker’s compensation board or a nominated court; you only have the option of going to the civil court system if you have exhausted all the legal administrative process.

There are a lot of factors that can affect the outcome of a personal injury lawsuit, and many Minnesota workers’ compensation attorneys would say that it can be difficult to prove in court.