3 Things You Shouldn’t Do If Your Business Is Being Sued

Realizing that your company is being sued can be one of the worst things that you’ll ever deal with as a business owner. Unfortunately, handling the situation the wrong way can cause things to become even worse. If you have heard through the grapevine that your company might be sued, or if you have already received a court order or other documentation, then make sure that you avoid these common mistakes. Then, there is a better chance of things coming out in your favor.

1. Contacting the Plaintiff

You might be tempted to contact the person or company that is suing you, but this isn’t a good idea. Even if you have intentions of trying to smooth things over, there is a chance that you could say something that will hurt your case. Another possibility is that you could be convinced into paying out a settlement that you really shouldn’t pay. Either way, it’s best to stay away from the plaintiff in the case when dealing with this situation.

2. Speaking to the Media

In many cases, business owners take to local media — or even their own social media profiles and websites — to speak out against the lawsuits that are being brought against them. However, doing so can make your company look bad, unnecessary attention to the situation and even result in you saying or doing something that will make the situation worse.

3. Handling it on Your Own

If you feel as if the lawsuit is bogus or think that you’ll be able to beat it on your own, you might be thinking about going to court without a lawyer. This can be a horrible idea, however. When you’re in court and dealing with a tough lawyer who is looking for the highest payout possible, you could get trampled on without legal representation. You could also make mistakes that could really harm your company, such as saying and doing the wrong things. If you hire a business lawyer, you will have assistance every step of the way. Your lawyer will help you get out of your lawsuit, will give you advice for preventing future lawsuits and can protect you and your business as well as possible.

Many business owners make a lot of mistakes when being sued. To help protect your company as much as possible, make sure that you avoid these three common mistakes. For more advice, speak with experts like the Ponath Law Offices.

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3 Reasons Why You Should See A Doctor After A Car Accident — Even If You Feel Fine

Getting in a car accident can be one of the scariest things to happen to many drivers. After getting into an incident, you probably want to get home as quickly as possible. You will probably be offered to call an ambulance or to go to the hospital, and saying “no” can be pretty tempting; this is especially true if you feel just fine. Even if you can’t physically tell that you have been in a car accident, however, it’s important to go to the doctor anyway. These are just a few reasons why.

1. You Might Not Know the Signs to Look Out For

Although you will probably be able to tell if you have a broken bone or another similar injury, you might not know the signs of things like a concussion. If you feel confused and disoriented, for example, it could be related to head trauma; unfortunately, many people simply chalk it up to being “dazed” after the accident when there could be a real medical condition at hand. A doctor will know exactly what to check for after you’ve been in a car accident, however, and can tend to these injuries the right way.

2. Your Injury Could Appear Over Time

Some injuries, such as back or body pain, might not show themselves until days or weeks after your car accident. If you go to the doctor now, however, you will have documentation that you sought medical attention as quickly as possible after the accident. Then, your doctor can pull your file and find accurate information from the day of your accident, which you might not remember if you go to the doctor weeks later. Plus, if you need the insurance company to pay your medical bills, it will be easier for you to do so if you seek medical attention right away.

3. You Might Need to File a Lawsuit

You might need to file a lawsuit for pain and suffering, medical expenses, lost wages, and other compensation. Doing so can be tricky, and you’ll need as much documentation as possible. If you go to the doctor right away, you will have the paperwork that you need when hiring a car accident lawyer. This will help improve your chances of winning your case and can make the entire court process a whole lot easier.

As you can see, it’s always smart to see a physician after being in a car accident. Even if all you can think about is going home and trying to forget about the incident, schedule an appointment or go to the hospital for best results. To learn more about legal assistance, contact Gibbs and Parnell

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Transfer-On-Death Deeds: Give Security While Minimizing Your Own Risk

Money and property issues can get tangled up with romantic ones very quickly, especially if you own your home. What do you do if you’d like your romantic partner to move in with you, but he or she is concerned about a secure future? You may not feel entirely ready to sign over the rights to half of your property, but you also don’t want your partner put out in the cold by your relatives if you suddenly die. Consider using a transfer-on-death (TOD) deed as a creative solution to the problem.

A TOD Deed Can Create Security For Someone Else, While Minimizing Risk To You.

A TOD deed is a simple way to transfer ownership of your home to someone after you die, without giving that person any rights to the property while you are alive. The beneficiary only gains an interest in the property once you die, and it’s entirely revocable any time that you see fit.

It also removes your home from the rest of your estate, effectively keeping it out of the probate process. This also helps cut down on the costs associated with probate, and lets you reduce the amount of taxes and fees that come out of your estate.

There Are Numerous Advantages To A TOD Deed.

There are other advantages to a TOD deed, as well. These include: 

  • It is effective immediately upon your death. Even if other money or property is tied up in the court for some reason (such as a legal dispute among heirs), the TOD deed is automatic.
  • Your heir’s lack of legal interest in the property also means that his or her creditors cannot try to put a lien on the property until after the deed has transferred.
  • Your house would not be considered an asset to your beneficiary while you are alive. It couldn’t be considered an asset for a lawsuit against your heir, nor used as collateral by your heir for a loan.
  • Your designated heir cannot challenge your right to sell the property or take out a loan on it, if you so desire. 
  • You don’t have to tell anyone about the TOD deed (although it does have to be properly recorded with your county in order to be valid). This can keep the information from being the source of family drama. 

There Are Very Few Drawbacks To A TOD Deed.

In comparison, the drawbacks of using a TOD deed are slight. These include: 

  • Your heir might not be able to sell the property right away after you die. Some states impose a waiting period, in order to give anyone who wants to file a claim against the property the opportunity to do so. 
  • Property owners sometimes forget to designate contingent beneficiaries when executing TOD deeds. While this only matters if the original beneficiary doesn’t outlive you, it can end up being problematic for subsequent heirs.
  • A disgruntled relative could allege that you weren’t in your sound mind when you made out the TOD deed, or that your partner exerted “undue influence” over you in some way. However, this sort of challenge could happen with anything that you leave to someone, so it’s not a danger that’s specific to a TOD deed.
  • Your creditors could still seek to take possession of your home while you are alive, which could leave your intended heir without much recourse. That’s most likely to become a problem if you end up in long-term care, such as a nursing home. In that situation, your home would most likely have to be sold, rather than pass to your intended partner.
  • Your beneficiary also inherits any debts that are included with the property, including mortgages, liens, and taxes. If you intend the gift to be free-and-clear of debt, you need to include provisions in your will or other estate plans so that your heir has the means to pay off those debts. 

If you’re considering giving someone a legal interest in your home or other real estate (due to a romantic relationship or any other reason), contact an attorney to discuss the situation. Not every state allows TOD deeds, so it may not be feasible in your situation. In addition, having an attorney involved minimizes the risk that something will be improperly prepared, incorrectly recorded, or easily challenged by those who may not approve of your decision.

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When A Walk In The Park Ends With A Dog Bite

You are enjoying the beautiful weather by strolling in the park when out of nowhere comes a dog and attacks you .There are over 4.5 million dog bite cases a year with about 20% of them resulting in the need for medical attention. If you’ve been injured by a dog that is not yours, you could face some serious medical issues. Some injuries can include needing stitches, shots, and more depending on how bad the injuries are.

If the dog belongs to someone else, the owner of the dog is required to take care of the medical expenses you incur. Here are the steps you should take when you’ve been bitten by a dog:

Evaluate the Injury

Once you have been bitten by a dog, you need to assess the wound. If it looks to be deep or is gushing out blood, chances are you need to consult a medical professional. In many cases, the wound may require stitches if it is deep enough. If the wound goes untreated, it is possible it could get infected.

This would require antibiotics to alleviate the infection. Whether you have insurance or not, it is important to seek out treatment. Over 30% of dog bites end up with reconstructive surgery. This can cost you thousands of dollars. 

Get the Dog Owner’s Information

It is the dog owner’s responsibility to keep their dog from injuring anyone. In most cases, they are responsible for paying the medical bills you incur when their dog has bitten you. trying to get them to pay for the bills can be difficult. When the bite occurs, it is important to get their information.

This involves a phone number, address, or any other way of contacting the dog owner. Every state has different laws surrounding the liability of dog bites. In some cases, the renter’s or homeowner’s policy can cover the financial responsibility. 

Call a Personal Injury Attorney

When the owner of the dog will not work with you like they should, it is time to call your local personal injury attorney. They are knowledgeable about the local laws surrounding dog bites and can help keep the owner accountable for the dog’s actions.

If the owner remains unwilling to cooperate, the lawyer can help you sue for medical expenses that were incurred due to the dog bite. Many personal injury lawyers will provide a free consultation to help see if you have a case before you retain their services. To learn more, contact a professional like Frank L. Slaughter Jr. PC for help.

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4 Common Injuries Due To Auto Accidents

If you were recently involved in a major auto accident, there is a possibility that you sustained some sort of injury related to the crash. If you were not at fault, you could sue the other driver for the bodily harm that they caused you. If you are suffering from any of these 4 kind of injuries, speak with a lawyer about taking legal action.

Head Injury

An injury to your head is one of the worst injuries you can sustain from an auto accident. Passengers in the front seat are at risk of hitting their head on the car’s dashboard, steering wheel, or windows. Complications can result in brain injuries, either as a mild concussion, or a serious coma.

If you are a victim of a head injury, it will require long-term medical care and treatment that you should not be responsible for paying yourself.

Back Injury

A back injury can lead to serious disabilities, especially if there’s damage to the spinal cord. You may even suffer from nerve damage, which can lead to total or partial loss of movement in your feet, legs, arms, or hands. Extreme injuries to the spinal cord can cause paralysis that is permanent as well.

A minor back injury would include herniated disks. It could cause weakness or numbness in your back, arms, and legs

Neck Injury

A very common neck injury that is associated with auto accidents is whiplash. It is caused by the sudden movement of your head back and forth that is caused by the impact of the accident. Damage can occur to your neck muscles or ligaments, making it very painful to do any sort of movement. Expect to experience swelling and neck pain if you have a whiplash injury.

Chest Injury

Your chest is at risk of being injured in an auto accident due to your seatbelt. Collisions that are hard and fast will cause your seatbelt to put a lot of pressure on your chest, and potentially damage it. It may cause a rib to break or collapse your lung, and in extreme situations be responsible for causing cardiac arrest.

Even if you have health insurance that covers your injuries, remember that damages go beyond what you pay out of pocket for medical treatment. You must also factor your pain and suffering caused by the other driver that is responsible for the accident. If you have a good lawyer on your side, you should have no problem receiving the compensation you deserve.

For more information, contact Todd East Attorney at Law or a similar firm.

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3 Things Every Ex-Felon Should Know About Having Rights Restored

If you’re a young ex-felon newly released from incarceration, or an older felon who has long ago paid your debt to society, you may be wondering about having some of your civil rights restored. There is hope not only on the horizon, but also in newly-written laws that are bringing about changes in many state and federal rules.

Here’s are 3 things you need to know about restoring your civil rights as an ex-felon:

1) Rights restoration hinges on what you did and where you did it.

If you committed a felony against a state, that state also has the discretion to take away your right to vote, to own a firearm, to serve on a jury, or to run for public office.

The rules vary from state to state. Knowing the rules in your particular location is the first step toward having your rights restored.

If you have a federal felony conviction, a different set of rights is lost, including the right to do business with the government for a period of time.

After conviction of any drug crime, sex crime or of some violent crimes, additional rights can be lost for a lifetime. These lost rights can include the right to receive federal tuition grants or nutrition assistance ( food stamp program). But the laws are changing, as states realize that ex-felons need help to get their lives going in a positive direction.

2) Sometimes your civil rights are handed back; sometimes you must go after them.

For example, in two states, your right to vote is never lost, and you can vote by absentee ballot from prison. In other states, you face losing the right to vote forever.

Once you’ve served your sentence, your right to vote may automatically be reinstated in your particular state, but in other states, you will have to petition the state to allow you to vote again. Voting laws, too, are changing for ex-felons in many states. In Wyoming, for example, the requirements necessary to have ex-felons’ voting rights restored will be streamlined or eliminated.

While federal law prohibits convicted felons from owning guns, your state determines if and how you get back the right to own a firearm as an ex-felon. The crime or crimes you committed are also a factor in restoring your gun rights.

Sometimes the state automatically reinstates your 2nd amendment rights, while in most cases, you will have to petition the state or federal government to have the right to own a firearm again. In some states, you’ll have to have your record expunged to regain this right.

3) Even a presidential pardon will not restore all rights automatically.

The possibility of your receiving a state pardon from your governor will, of course, depend on procedure where you live.

For a federal pardon, you must wait five years – and keep your nose clean – before you can petition the US Department of Justice for relief.

Even after a presidential pardon, your state must still restore some of your rights, and you must disclose your prior felony conviction where necessary.

A competent criminal defense attorney is the best person to help you sort through the maze of rights restoration policies. They will know which agencies to contact and which forms to submit. As laws change, they will keep you informed. Criminal defense lawyers are an ex-felon’s best resource when trying to have your civil rights returned to you.

If you want more help or clarification, contact a company like The Law Office of Gregory J. Hermiller, LLC doctor to learn more.

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What To Do When Your Condition Worsens After Settling Your Workers’ Compensation Case

While many people’s conditions improve after receiving medical care for injuries they sustained on the job, some people actually get worse. If this occurs before you settle your workers’ compensation claim, then you would simply make adjustments to the claim to account for changes in your condition. However, what do you do if your condition gets worse after your claim has been settled? Your ability to collect additional compensation for a worsening injury will depend on the circumstance of your case and settlement.

The Terms of Your Settlement

The first thing you’ll need to do is look at the terms of your settlement. In the best case scenario, your settlement will state you’ll be compensated for future costs related to your injuries. All you would need to do in this scenario is submit your bills to workers’ compensation and the insurer would take care of them.

However, to keeps costs low, many times workers’ compensation will require claimants to sign agreements releasing the insurer from any future claims related to the injury. This is typically referred to as “full and final release” or “clincher” deals. If your settlement includes this type of clause, then you’re essentially barred from seeking further compensation for damages.

Possible Workarounds

There are three instances in which you may be able to bypass a full and final release clause and get workers’ compensation to pay for medical expenses related to a worsening injury. If you live in a state where these types of clauses are illegal, then you can file a lawsuit to have the court invalidate that part of the settlement and allow you to obtain money to pay your medical bills.

You can also get workers’ compensation to reopen your case if you can prove your employer engaged in some type of fraud during the claim. Specifically, if you can show that your employer misrepresented the facts or terms of the settlement agreement then workers’ comp may be willing to reopen the closed claim. Be aware, though, that this can be difficult to do, especially if there is no supporting evidence such as audio recordings or emails.

The third option for getting compensation for a worsening condition is to have it qualify as a new injury. However, this is only possible if another incident occurs that re-injures the affected body part. For instance, if you slip and fall and the accident causes your back pain from a previous incident to worsen, then you may be able to submit a brand new claim for damages to workers’ comp.

All of these options require a careful reading of the law and a sound legal strategy. It’s best to consult with a workers’ compensation attorney before taking any action.

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