How Do Lawyers Take Care of Traffic Tickets in Louisiana?

Three Hundred Dollars! That’s the average fine you will be required to pay as a penalty if you are charged with a speeding ticket in Louisiana, US. This shows that no matter how accomplished a driver you’re, you can be pulled over by a traffic cop and fined if you seemingly cross the speed limit. The laws for a speed violation in Louisiana are both strict and inelastic. In 2019 alone, there was an estimated total of 548 fatal crashes in Louisiana, with 570 total fatalities.

Traffic violation generally comes under the legal purview of a lawyer. Although a Louisiana Speeding Ticket Lawyer can’t help you completely get rid of your speeding ticket but he can help in several other ways. A good lawyer may guide you in evaluating all the aspects of your traffic violation and paying heed to the type of situation you are stuck in. Consequently, a lawyer will help you in carefully analyzing your legal position. 

Is Legal Help Required For A Speeding Ticket?

But, the real question here is, is it necessary to challenge your speeding ticket by hiring a lawyer? The answer to this remains very subjective. Hiring Louisiana Speeding Ticket Lawyers can have its share of pros and cons. But it is also essential to understand which cases you need a lawyer for, or whether you even require legal aid or not. If you do, make sure you hire a good and experienced lawyer. Because yet again, your defense entirely depends on the kind of a lawyer you have hired.  For instance, a good lawyer may be able to strongly evaluate and argue all the legal defenses for your case.

Points To Remember Before Contesting Your Speeding Ticket In Court 

Before you contest your traffic violation ticket, there are several things you have to be mindful of. Since it’s impossible to cluster these umpteen precautions in one go, we have carefully listed a few pointers/things you need to do/remember before you contest your speeding ticket in Louisiana.

1. A Dilemma To Sort Out

As mentioned at the beginning of this article, Traffic violation laws in Louisiana are rather stringent and absolute. Therefore, such a condition makes it difficult for one to fight their speeding tickets. However, you will be faced with a dilemma before you think of contesting a speeding ticket. This dilemma is whether you pay the fine or contest; a threat of shoddy record awaits. The moment you pay the fine cited in your speeding ticket, it might be considered an admission of guilt. On the other hand, if you don’t pay the penalties, the Court may either order the department of Vehicles to dismiss your driver’s license or issue a warrant for your arrest.

Thus, the best option remains to contest your speeding ticket through the means of an astute Louisiana Speeding Ticket Lawyer.

2. Know The Law You Have Been Accused Of Violating

Since you are contesting your speeding ticket, it wouldn’t hurt to do sound legal research. Whether or not your case is permissible for trial or of a nature to be dismissed, it is better to remain individually prepared. Be sure to research and read about the stature of the law mentioned in your speeding ticket. Selecting the right reputable legal resources from the internet can be very meaningful to you in understanding your traffic violation case. Further, you can visit the State Bar Association in Louisiana to receive a referral for a Louisiana Speeding Ticket Lawyer at a minimal fee.

3. Understand Which Kind Of Traffic Lawyer Can Help, Depending upon Your Situation

After you have done your sound legal research to contest your speeding ticket, make sure that depending on the kind of traffic violation and the severity of the offense, you chose the lawyer best suited for you. As when it comes to a traffic violation, there are two kinds of lawyers who can help. These are:

  • Private Practice Lawyers
  • Public Defenders
  1. Private Practice Lawyers – In a courtroom scenario, Public prosecutors are known to take ruthless advantage of people without representing a legal counsel. They might aim to get your driver’s license suspended. Thus, make sure an experienced Louisiana Speeding Ticket Lawyer represents you. They will make sure to get your charges either dismissed or reduced, at the very least, and help you in avoiding such situations.
  1. Public Defenders – Public Defenders are attorneys appointed by the Court to represent court cases for the people who are impoverished and cannot afford to hire a private practice lawyer. If you fall under such a category, you can visit the Public Defender’s office and submit your financial information like an affidavit depicting all your assets and liabilities to have a state-appointed attorney represent you. It might cost you a little around $500, but that’s still better than being buried in the sky-scraping fees that private practice lawyers charge.

Having A Lawyer Can Help You In Your Peace Of Mind In The Times Of Turmoil

Once you have overcome your predicament of contesting your speeding ticket in Louisiana and knowing what consequences you might bear if you don’t go for this option, it remains the best possible decision to hire a witty lawyer who can not only help you fight your case but can also shrimp facts to favor in your direction. Furthermore, having a suitable lawyer at your side can help you in staying composed and calm, with a positive state of mind. Thus, hiring a noteworthy and prominent Louisiana Speeding Ticket Lawyer can prove a commanding decision you’ve made even if it troubles your pocket a bit!

LouisianaSpeedingTicket is known to be a desirable law firm handling speeding tickets in Louisiana, for many reasons. They are known to provide exceptional legal services to people who have been served with a speeding ticket. In the history of serving the citizens of this state of Louisiana 15 years, their results have always proved to be extraordinary! Their Louisiana speeding ticket lawyers have successfully defended over a thousand clients who faced speeding violation charges in Louisiana. If you’re stuck with a speed ticket charge in Louisiana, then make sure you call them up for queries or visit their website at https://louisianaspeedingticket.com/

How Pre-Existing Conditions Affect Personal Injury Claims in Florida

If you have been injured in an accident, you may be able to pursue a personal injury claim to obtain compensation for your damages and losses. Since Florida is a no-fault auto insurance state, you should file a claim with your own insurance company to recover damages. However, are you entitled to compensation if you have a pre-existing injury?

In other words, will your pre-existing injury, which was not caused by the most recent accident, hurt your personal injury claim in Florida? The information provided below is for informational purposes. If you need to seek legal advice, consult with a West Palm Beach personal injury attorney to discuss your particular situation.

What is a Pre-Existing Injury?

Pre-existing injuries, also known as pre-existing conditions, are the injuries you experienced before the accident for which you are filing a personal injury claim in Florida.

Accident victims with pre-existing injuries are likely to get their claim denied or undervalued simply because their injury existed before the date of the accident. However, you may still be entitled to compensation with a pre-existing condition if your injury was exacerbated or aggravated by the latest accident.

How Can a Pre-Existing Injury Affect Your Personal Injury Claim?

Once you file a personal injury claim in Florida, investigating whether or not you have any pre-existing injuries is the first thing the insurance company will do. If any pre-existing condition is discovered, the insurer may have grounds to minimize the value of your claim or deny it altogether.

It is not uncommon for insurance companies to reject personal injury claims by arguing that the plaintiff’s injuries were not actually caused by the accident for which the claim was filed.

As absurd as it might sound, a pre-existing condition could actually benefit your personal injury claim. Since insurance companies reduce and reject claims based on arguments that the plaintiff’s injury occurred before the accident, having any pre-accident medical records will help you establish the severity and extent of your pre-existing injury.

Someone who has not visited doctors or undergone a medical checkup for years may have a hard time proving that they had no pre-existing condition. That, in turn, may give an insurance company grounds to cast doubt on your health before the accident. In fact, having records of your pre-existing injuries could actually serve as evidence to prove that the accident made your pre-existing condition worse.

The Eggshell Plaintiff Theory in Florida

If you have a pre-existing injury and are trying to seek compensation through a personal injury claim, you may wonder, “Will my claim be denied because of my pre-existing condition?” The answer can be found in the legal theory called “eggshell plaintiff” in Florida.

Under the theory, a defendant must accept the injured victim as they find them. Just because the victim had a pre-existing injury prior to the accident does not mean that they are less entitled to compensation.

In other words, the defendant cannot use the injured party’s pre-existing condition to argue that they are not liable for damages. The victim is entitled to compensation if their injury, which existed prior to the accident, was aggravated or exacerbated by the at-fault party’s negligence.

Can You Hide Your Pre-Existing Condition from the Insurance Company?

If you have a pre-existing condition, the worst thing you can do is hide your previous injuries from the insurer. Insurance companies thoroughly comb through a claimant’s medical records to discover any pre-existing injuries in order to reduce compensation or reject a claim altogether.

Being candid about your pre-existing conditions is an important thing to do when filing a personal injury claim in Florida. It is best to fully disclose all pre-existing injuries in order to receive proper treatment and prevent the insurance company from claiming that you attempted to conceal your pre-existing condition from them.

Depending on the circumstances surrounding your claim, covering up a pre-existing injury may be considered fraud, and it may jeopardize your legitimate personal injury case.

Why You Need a Personal Injury Attorney in Florida

If your pre-existing condition was worsened by the accident, medical records would serve as a crucial piece of evidence to establish how the recent traumatic event affected your previous injury.

When an insurance company discovers your pre-existing condition, it will most likely attempt to discredit your injury in order to undervalue or reject your claim. Detailed medical documentation can help you prove that your personal injury claim is valid, which is why it is essential to seek medical attention right away.

It is advised to speak with a skilled personal injury attorney in Florida to determine whether you are entitled to compensation if you have a pre-existing condition. Personal injury claims are a time-sensitive matter, especially if the claimant has a pre-existing injury, which is why you should not hesitate to discuss your case with an attorney.

Conclusion

While a pre-existing condition may complicate your personal injury case and give the insurer grounds to undervalue or deny your claim, you may still be entitled to compensation if:

  1. Your pre-existing injury was aggravated or exacerbated by the recent accident;
  2. You have detailed medical documentation to prove that the accident worsened your previous injury; and
  3. You are represented by a personal injury attorney.

Also, keep in mind that hiding your pre-existing condition from the insurance company is not a good idea. Being candid about your previous injuries could actually help you obtain a favorable outcome and maximize compensation.

The law team of top-rated attorneys at Fetterman & Associates, PA, handles all types of personal injury cases, including car accidents, truck crashes, premises liability, medical malpractice, and more.

The Dangers of Using Social Media During a Florida Personal Injury Case

Using social media may not seem like a bad idea. After all, you are eager to share what happened to you with your friends, family members, and followers, and let everyone know that you are fine. However, what many people do not realize is that posting on Instagram, Facebook, Twitter, YouTube, or even TikTok, can hurt their personal injury case.

Why You Shouldn’t Use Social Media During a Personal Injury Case

When posting anything on social media, keep in mind that anything you post is readily available to your insurance company, the other party involved in your accident, insurer, and the lawyers who represent them.

After filing a personal injury claim in Florida, your insurance company will begin collecting evidence to discredit your injuries and either undervalue or deny your claim. “But what does it have to do with my social media posts?” you may wonder.

Posting on social media while your personal injury case is pending can hurt your chances of receiving a fair settlement for various reasons.

Pictures and Videos

The photos and videos you post online will be available to other people and can be used as admissible evidence in court to discredit your personal injury case. If the insurer finds proof that the photos or videos contradict your claim, they may have grounds to deny your claim altogether.

For example, if you claim that you cannot walk because of your injury and several days after the accident you post a photo of you and your friends swimming, the insurance company is likely to challenge the validity of your claim.

Posts About Your Accident or Injury

It is best to avoid posting anything about your accident or injury after filing an insurance claim. Your words can be used against you. Anything you post on social media about your accident or injury can be taken out of context to discredit your injury.

Posts and Comments by Friends

Even if you do not post anything about your accident or injury yourself, you should also watch out for what your friends post and comment on social media. If your friends know what happened, warn them against posting anything about the accident. Also, avoid answering direct questions about your accident or injury when asked by followers in private messaging, especially if this person is someone you do not know personally.

Closing or Suspending Your Social Media Account

Closing or suspending your social media account after filing an insurance claim could raise suspicion. Even if you closed or suspended your account, it could still be accessed and viewed if the other party files a subpoena. Even your older posts can hurt your personal injury case in Florida, which is why closing or suspending your account may attract even more unwanted attention.

Changing Privacy Settings

Changing privacy settings is not an effective way to prevent the insurance company and other parties from accessing your posts. If the other party subpoenas your social media account, the court could provide access to your public posts and even private messages.

How to Protect Yourself on Social Media During a Personal Injury Case?

It is vital to exercise extreme caution when using social media during a personal injury case in Florida. Follow these tips to protect yourself on social media while your insurance claim is pending:

  • Do not post anything about the accident or your injuries.
  • Keep in mind that once you post something online, even a comment, it will remain there permanently, even if you “delete” it.
  • While you can change your privacy settings from “public” to “private,” keep in mind that when it comes to posting on social media, nothing is private, even private messages.
  • Change settings to prevent others from tagging you in posts, photos, videos, and comments.
  • Block apps that automatically share your information, including location.
  • It is best to refrain from using social medial until after your personal injury case has been resolved.

If you need assistance with seeking compensation for your injury, consult with a personal injury attorney in Florida. An experienced attorney will protect your legal rights and help you maximize the value of your claim.

At Shrader Law, PLLC, Tampa personal injury lawyers help victims obtain the compensation they deserve and increase their chances of a positive outcome after a car wreck, motorcycle collision, truck crash, and other types of accidents.

What to Do if Insurance Company Denies Your Personal Injury Claim in Texas?

Getting your personal injury denied can be a stressful and frustrating experience. The denial of your personal injury claim can be an unpleasant surprise when you need money to cover your medical expenses but cannot earn a living because of your injury or disability.

Luckily, there are things you can do to deal with the denial of your personal injury claim and pursue the compensation you deserve. If you believe that your claim was mishandled or denied unfairly, it is advised to speak with an experienced personal injury attorney in Texas.

Was the Denial of Your Injury Claim Wrongful?

When an insurance company denies a personal injury claim for an illegitimate reason or no reason at all, the denial is considered wrongful. Wrongfully denying or delaying payment of an injury claim may constitute an insurance bad faith practice in Texas.

As a rule of thumb, denial is considered wrongful when the insurer fails to provide a reasonable explanation or does not give any explanation for the claim denial. If the insurance company rejects your claim, it is critical to find out exactly why the claim was denied, consult with a lawyer, and consider appealing the insurer’s decision.

Texas has laws that protect policyholders from insurance bad faith practices. Common forms of insurance bad faith include:

  • Lack of communication
  • Putting pressure on the policyholder to accept an unfair settlement offer
  • Changing or canceling a policy without explanation
  • Delaying investigation into a claim
  • Delaying payment on a valid claim or refusing to pay
  • Failing to approve or deny a claim within a reasonable amount of time
  • Denying a claim for an illegitimate reason or without cause

If an insurance company is engaging in any of these or other unfair or deceptive practices, talk to a skilled personal injury attorney to explore your legal options.

Common Reasons for Claim Denials in Texas

Insurance claims adjusters must review each claim and find reasons for the denial. Common reasons for claim denials include:

  • Failure to file a claim on time. In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the accident. Failure to bring a claim within the time window will bar you from seeking compensation through a claim.
  • Providing incorrect information when filling out a claims form.
  • Failure to provide the necessary documents to support your claim.
  • Your injury or condition is not covered under the policy.
  • Lack of medical evidence to prove the severity of your injury.
  • Your injury is a pre-existing condition. In other words, the injury for which you are filing a claim occurred before the date of the accident.
  • The nature or location of the accident is not covered under the policy.
  • The insurance policy has expired or lapsed.
  • Lack of evidence to prove that the insured was responsible for your injury.
  • The at-fault party is not covered under the policy.

What to Do if Your Personal Injury Claim Was Denied in Texas?

If your personal injury was denied, you should take the following steps to appeal the insurance company’s decision and fight for the compensation you deserve.

Find Out Why Your Personal Injury Claim Was Denied

Before appealing the insurer’s decision to deny your claim, it is important to figure out why the claim was rejected. While insurance adjusters may deny claims by mistake, many claims are denied for a legitimate reason. There are also cases when personal injury claims are wrongfully denied.

Collect Evidence to Support Your Appeal

If you are planning to appeal the insurance company’s decision to deny your personal injury claim, you will need to gather sufficient evidence to support your appeal case. Evidence may include witness statements, photos from the scene of the accident, surveillance footage, police report, medical records, and others.

Appeal the Denial of Your Claim

If you believe that your claim was wrongfully denied, you can appeal the insurance company’s decision. The appeal can be made directly through your insurer in Texas. When appealing the insurer’s decision, you will have to submit all relevant evidence to challenge the denial of your valid personal injury claim.

If you appeal the insurance company’s decision and your claim is denied again, you will have to bring this issue to the Texas Department of Insurance, which investigates claim denials.

Contact an Attorney

Last but not least, it is important to speak with a knowledgeable attorney if your injury claim was denied or the insurance company is trying to settle your claim for the lowest amount possible.

If you are represented by a Houston personal injury attorney, your lawyer will help you gather evidence to challenge the denial of your claim and appeal the insurer’s decision. Also, if necessary, a lawyer will take your case to trial to fight for fair compensation on your behalf.

Conclusion

Getting your personal injury claim denied is a frustrating experience. Since many claim denials occur due to an error and other claims are denied for an illegitimate reason, you may be able to appeal the denial of your personal injury claim in Texas.

You will need to find out the reason why your claim was denied before you can appeal the denial of your claim in Texas. It is advised to hire a personal injury attorney in Texas to appeal the insurance company’s decision and fight a wrongfully denied insurance claim.

With more than two decades of combined legal experience, attorneys Daniel Johnson and Juan Garcia at Johnson Garcia, LLP, represent personal injury victims to seek the compensation they deserve.

Does Your Injury Qualify for a Personal Injury Claim in Florida?

After sustaining an injury because of intentional acts or negligence of another person, the injured party may wonder, “Does my injury qualify for a personal injury claim in Florida?” and “Am I entitled to financial compensation?

Generally speaking, in Florida, you may be eligible to pursue a personal injury claim if you suffered any bodily injury or emotional harm due to someone else’s intentional act or negligence.

Intentional Act vs. Negligence When Pursuing a Personal Injury Claim

Under Florida’s personal injury law, everyone has a legal obligation to exercise due care to avoid causing harm to others. For example, a driver owes other motorists, pedestrians, bicyclists, and other people around them a duty to take all reasonable precautions to drive in a safe manner at all times. If the driver breaches the duty of care, the injured victim may be entitled to financial compensation through a personal injury claim.

Also, the Florida Statutes Section 772.104 provides that a victim of a criminal act such as assault can pursue civil damages against the attacker even though the offender intended to cause harm.

When Are You Eligible to File a Personal Injury Claim in Florida?

Common situations in which an individual may sustain an injury and qualify for a personal injury claim in Florida are:

  • Automobile accidents on the road involving cars, trucks, motorcycles, pedestrians, or bicycles
  • Boat accidents
  • Assault and battery
  • Workplace injuries caused by third parties
  • Medical malpractice
  • Slip and fall accidents
  • Amusement park accidents

Your injury may qualify for a personal injury claim in Florida if the person or entity that caused your injury intended to commit harm or was merely negligent or careless. Since Florida is known as a no-fault auto insurance state, the other party’s intent or fault for a car accident does not always matter when it comes to seeking compensation for a minor injury. However, things are a bit different if you suffered a serious injury.

What Happens if Your Injury is Serious?

Under the Florida Statutes Section 627.737, your injury must meet certain criteria in order to qualify for a personal injury lawsuit against the at-fault party. Suing the motorist who caused your injury may be the only option to receive compensation when you have exhausted your Personal Injury Protection (PIP) coverage.

Since your PIP policy may only cover your medical expenses and lost wages, you have to file a personal injury lawsuit against the at-fault party to recover additional damages, including emotional distress, diminished qualify of life, pain and suffering, and others. However, your injury must qualify as “serious” in order to sue the negligent motorist who caused you harm.

The Florida Statutes Section 627.737 defines a serious injury as any of the following:

  • Significant/permanent loss of a vital bodily function
  • Permanent injury or trauma within a reasonable degree of medical probability
  • Permanent or significant scarring or disfigurement
  • Death

What if Your Damages Exceed the PIP Insurance Policy Limits?

In Florida, motorists are required to purchase Personal Injury Protection (PIP) insurance to cover their own medical expenses, lost wages, and certain other damages in the event of a car crash. Regardless of fault, PIP insurance is primary, which means an injured individual must first file a claim with their own insurance company.

However, if your injury is serious and your damages exceed the policy limits, you may be able to pursue additional compensation beyond your PIP coverage by filing a personal injury lawsuit against the at-fault motorist. However, if you want to seek additional compensation or wish to recover damages beyond your medical expenses and lost wages, your injury has to be serious to be able to step outside of the state’s no-fault insurance system.

What Can Affect the Value of Your Personal Injury Claim?

In Florida, an injured victim may be entitled to recover three types of damages:

  1. Economic
  2. Non-economic
  3. Punitive

The value of your personal injury case may depend on a multitude of factors, including:

  • The type and severity of your injury
  • Your overall health and age
  • The effect of your injury on your daily life and ability to work
  • Whether your injury or its effects are permanent
  • Past and future expenses associated with medical treatment

These are just a few factors that must be considered to calculate how much your personal injury claim in Florida is worth. It is advised to consult with an experienced attorney to help you determine whether your injury qualifies for a personal injury claim, protect your legal rights, and make sure that you are getting the compensation you deserve.

Attorneys Ronald Zimmet Sr and Ronald Zimmet Jr at Zimmet & Zimmet offer a free consultation to help injured victims determine whether their injury qualifies for a personal injury claim in Florida. Speak with a Daytona Beach personal injury lawyer to discuss your unique case.

You must know the advantages and disadvantages of bankruptcy before filing bankruptcy

Bankruptcy is a financial condition that a person and organization can declare when they cannot repay their creditors or lenders. Not as simple as it sounds. If announced bankruptcy, it badly affects your credit score, and you cannot get any credit from banks or any financial institution. A lawsuit is filed in court when a person declares bankruptcy. Then there is a legal process where all the entity’s outstanding obligations from the company’s assets are assessed and paid (in whole or part).

As we know, that declaring bankruptcy will affect your future earnings, credibility, and self-image. If a person filing for bankruptcy usually finds it difficult to restore their reputation and stable debts, it can be challenging to adapt to a scaled-down lifestyle. Nevertheless, Tucson Bankruptcy Lawyer often provides considerable relief to those trapped by dangerous debt levels. When bankruptcy is declared, the threatening phone and letters requesting payment will cease.

Tucson Bankruptcy Lawyer will help you evaluate the advantages and drawbacks of declaring bankruptcy so that you can make a choice. You must know the advantages and disadvantages of bankruptcy before filing bankruptcy is given below.

Before filing bankruptcy, you should know it depends on the situation you have; this blog will help you to address the pros and cons of filing bankruptcy to determine that bankruptcy is the right solution for you.

Disadvantages of filing for bankruptcy

As you know that bankruptcy filing can affect your financial status and social image for many years, you should consider all your options carefully before filing. Such drawbacks are:

Your real estate and personal property can confiscate. If you cannot exclude all of your personal property or real estate property from the bankruptcy exemption, the bankruptcy court may seize some of your assets and sell to pay your creditors.

Unable to use the credit card- mostly credit card companies cancel your credit card when you file bankruptcy. After filing, you will likely receive several offers to apply for an “unsecured” credit card. That will help you restore your reputation but usually includes higher interest rates and annual fees.

Getting a loan or credit will be challenging – after filing for bankruptcy, you will not get a loan for your new house, study, and job.

Refusal of a tax refund- Due to bankruptcy, state, local and federal tax refunds can be dismissed.

Non-Refundable debts- Some forms of debt may not discharge bankruptcy. Commonly non-negotiable loans include alimony and child support, student loans, criminal reinstatement, fines, and any loans obtained by fraud.

Bankruptcy holds a strong stigma and personal bankruptcy more. However, to avoid embarrassment, it is necessary to enable oneself to take advantage of bankruptcy (see below)

Advantages of filing for bankruptcy

Issue stay against creditors – The court will immediately approve this stay against any debt collection practices after you file bankruptcy. It does not eliminate your mortgage and liability, but it suspends all debt recovery proceedings until the bankruptcy case completes or the moratorium is lifted.

Discharge your debts- You will be entitled to discharge or cancel the obligation to repay those debts. It is a debt that can be liquidated by bankruptcy. These usually include credit cards, medical and utility bills, and personal loans.

Credit Score- While filing for bankruptcy leads to multiple delays in credit ratings, and bankruptcy filings remain on record for 7-10 years, Tucson Bankruptcy Attorney eventually boosts your credit scores after filing for bankruptcy.

There is no need to worry about property seize – An exemption from bankruptcy may allow you to maintain over your assets after filing bankruptcy. If you file for bankruptcy, it means that you don’t have to worry about property seized in bankruptcy. These provisions play a significant role in both Chapter 7 and 13 bankruptcies.

No more financial burden- You can learn to live within your income without a credit card and avoid potential financial catastrophe.

Conclusion: A Tucson Bankruptcy Lawyer will help you decide whether to file for bankruptcy and what type of bankruptcy you should file according to your financial condition. When you plan to file, a Tucson Bankruptcy Attorney will help ensure that your assets/property are protected. All of your debts, financial obligations that can discharge and your creditors do not violate your rights so that you are on the right path to financial recovery when you do your bankruptcy to complete.

Note: Deciding to file bankruptcy is a challenging process for you because you do not know when and how to file. Therefore, you must consult with a competent Tucson bankruptcy Lawyer to decide whether bankruptcy is the best option for you.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Can I file an Ohio personal injury lawsuit for a motorcycle accident if I was hit by a car while not wearing a helmet?

If you were hit by a car and injured while riding your motorcycle without a helmet, you still may be able to pursue an Ohio personal injury claim depending on several variables. However, to best determine one’s rights and ability to make a legal recovery, those who were injured in an Ohio motorcycle accident should speak with a Columbus motorcycle accident attorney in a timely manner to discuss their specific facts and circumstances.

Pursuant to Ohio law, motorcyclists and their passenger are required to wear a helmet if the operator is under the age of 18 years old, or if the operator holds a motorcycle operator’s endorsement or license bearing a “novice” designation. For purposes of this article, a “novice” is one who has only had his or her motorcycle endorsement for less than a year. Those who do not fall into either category may ride their motorcycle legally without a helmet. However, due to the high risks of injury that cyclists face due to their exposure, cyclists should be encouraged to wear a helmet for safety reasons.

Aside from the high risks of significant injuries, not wearing a helmet may also affect one’s ability to pursue a personal injury case or make a full recovery for his or her injuries. Under Ohio law, if a jury or judge finds that the injured individual was comparatively at-fault for causing his or her injuries, that person’s legal recovery will be reduced by the overall percentage for which he or she is found to be at-fault. For example, if the injured individual was found to have been 10% at fault and obtains a $100,000.00 jury verdict, his or her recovery would actually be reduced to $90,000.00. Worse yet, if the injured person is found to have been 51% or more at fault, that person cannot make any recovery and will not be able to purse a personal injury claim.

When one is injured in an Ohio motorcycle accident, determining fault and avoiding the anticipated legal defenses associated with not wearing a helmet can be difficult to navigate. One should also anticipate that legal defenses associated with not wearing a helmet will be prevented. For example, if one suffered a traumatic brain injury or spine injury, or worse yet was killed, the defense attorney or insurance company likely will argue that the injuries or death was caused by the decision to not wear a helmet.

Overcoming these arguments, as well as the other defenses that likely will be presented, can be challenging. Having a Columbus personal injury attorney represent you in your personal injury claims can help ensure that those arguments are defeated and that you are fully compensated. At the law office of Brian G. Miller Co., L.P.A., our Columbus personal injury attorneys provide expert legal assistance to those who have been seriously injured or killed as a result of a motorcycle accident. If you or a family member has been injured on a motorcycle due to a collision or a crash caused by the negligence of a careless driver, our motorcycle accident attorneys in Columbus, Ohio will advocate relentlessly on your behalf to secure the best recovery possible. Please call (614) 221-4035 or click here to send an email to schedule a free, no-obligation consultation.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Simplify Insurance Claim Texas

A quick look at the insurance claim process for the common people 

An insurance claim is a formal request made by a policyholder to an insurance company for reimbursement of loss caused by a policy event. The policy event, also known as the ‘risk’, is usually a car accident, fire, or anything that causes damage to property. Once, there is a claim; the insurance company determines its validity. If approved, the insurer will either:

(1) give you money as compensation, or
(2) the insurer will pay for any of the liabilities you incurred.

In a nutshell, that would be the entire claiming process. However, there are many things policyholders do not consider when making a claim. The whole process can be a bit complicated, and a misstep can lead to the denial of your claim.

Don’t fret! In this article, we’ll simplify the process, and enumerate the dos and don’ts of making an insurance claim.

INITIAL CONSIDERATIONS

UNDERSTAND THE COVERAGE OF YOUR POLICY

You, as the policyholder, must know the risks covered by the policy. Auto insurance, health insurance, life insurance, fire insurance – there are many kinds of policies. Understanding the difference between them is vital. Don’t expect to claim anything from a car insurance policy when you’re diagnosed with diseases!

The policy also lists the documents you need to prepare when the risk occurs. Study the policy thoroughly. Ensure that it fits the needs of your family or business.

DON’T FORGET TO PAY YOUR PREMIUMS

You won’t be able to claim anything if you fall behind in paying your premiums. Always keep the receipts as evidence of its payment. Policies usually grant a grace period if you miss out on an instalment. Nevertheless, if you feel like you won’t be able to pay on time, attempt to sort things out with your insurance agent.

THE INSURANCE CLAIM PROCESS

1. EVALUATE THE VALUE OF THE LOSS

Once you suffer a loss from a policy event, immediately assess the value of such failure. Afterwards, determine whether the damage is less than your deductibles.

A deductible is an amount you are responsible for paying for concerning the loss. When you suffer from the policy event, the amount is in effect deducted from your claim.

To illustrate how this works, a policy has a $1000 deductible. The insurer’s assessment states that the total value of the loss is $5,000. In this instance, the $1000 amount shall be borne by you, and you will be receiving $4,000 should you make a claim.

In effect, the $1000 deductible is a threshold you need to consider before filing an insurance claim. Always ask yourself: Will my claim be higher than the deductibles? Suppose that in the same example, you suffered a total loss of $1300. Would it be worth the hassle to file a claim for a $300 payout?

Quantifying the loss is an essential step before you attempt to make an insurance claim. It’s a good idea to file a claim only when the total loss is much higher than the deductible. On the other hand, filing a claim even for a small payout can assist you in times of financial struggles.

2. REPORT THE RISK WHEN IT OCCURS

Contact your insurer immediately if you think the total loss is more significant than your deductibles. Most insurance companies have 24-hour customer hotlines, so keep their contact information updated and ready.

Additionally, contact the police when necessary. A police officer will assist you in making a police report, which is often a documentary requirement when making claims. Likewise, some insurance companies even call the police when verifying the loss. Hence, be honest when narrating the facts to your insurer and the officer.

3. GATHER AND SUBMIT THE REQUIRED DOCUMENTS

Imagine the stress of being in a car accident! To avoid scrambling at the last minute, always keep a list of the documents you need to prepare in case you need to make an insurance claim.

Insurers can be very strict with the documents they require. Records must accurately state critical facts, such as the amount of the loss sustained. Receipts can be proof for the amount of loss. Other evidence of loss can come in the form of police reports, photos, and videos.

For health and life insurance, your healthcare provider can make a claim for you. Alternatively, you can make a claim yourself by preparing the required paperwork.

4. GET A LOSS ASSESSOR OR CLAIMS ADJUSTER

Insurance companies may also opt to appoint a loss assessor. This usually happens when the incident is complicated and requires technical expertise. Be honest when communicating with the assessor. A slight hint of dishonesty or a cover-up for the actual loss can lead to the denial of your claim.

In some policies, however, the appointment of a loss assessor is optional. Nevertheless, you may opt to get an independent claims adjuster. This ensures an accurate assessment of the loss and speeds up the process of settling the claim.

5. KEEP THE INSURED PROPERTY INTACT

In property insurance, it is essential to preserve the damaged property. This is to ensure an accurate assessment of the loss, should the insurer send an assessor.

Suppose a fire gutted your business (which is covered by a fire insurance policy). Once it’s extinguished, don’t attempt to clean the rubble just yet. Take photos and videos. Call your insurer so they can send a loss assessor.

For some auto insurance policies, an assessment of the loss is a requirement before a payout. Hence, when you suffer from a car accident, keep the remains away from further damage.

COMMUNICATE WITH YOUR INSURER

When you keep up with your premiums, always expect good service. If there’s something you don’t understand in the policy, contact your insurance agent. During the assessment process, be upfront with the claims adjuster so you can get an accurate assessment. Do not withhold any evidence regarding the risk.

Some insurance companies have a reputation for being stingy with claims. From time to time, make a follow-up on the claims process. Do not be afraid to inquire when the assessment is moving at a snail’s pace. Your insurance agent should be able to walk you through the entire process.

When the insurer fails to deliver on the policy, inquire with a lawyer. Above all else, a policyholder is a consumer. Therefore, if you aren’t satisfied with how the insurer handles your claim, take the legal action, if necessary.

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