What is the difference between maritime law and admiralty law?

Like most people, you may not know the difference between admiralty and maritime law, and civil law. Although there is some overlap, they are pretty different. If you or someone close to you sustains injuries on a ship or cruise, you may be wondering whether you need to see an admiralty or maritime lawyer. The answer is “yes”. Admiralty law deals with maritime matters and incidents impacting the waterways of the United States. Civil law deals with land-based claims.

The following article will explain the nuances of admiralty and maritime law in more detail.

  1. What Is Admiralty Law?

Admiralty law is the area of law that governs the affairs of shipping. It includes everything from international piracy to the simplest waterborn personal injury claim. Admiralty law governs accidents and injuries on the high seas and the seizure and confiscation of vessels. Because maritime activities take place in a unique environment, admiralty law has its own rules and procedures tailored to the needs of the marine world.

  1. When Does Admiralty Law Apply?

Admiralty law applies when the activity giving rise to the dispute potentially impacts maritime commerce. It can deal with cargo damage, collisions, salvage, fires, etc. on multi-ton ships down to the negligent operation of a jet ski. . This branch of law deals with the legal issues and disputes arising from such activities at sea, including cases involving maritime contracts, cargo damage, injuries at sea, and salvage of shipwrecks.

  1. What Is Maritime Law?

Maritime law, sometimes called admiralty law, is the law that governs activities that potentially have an impact on maritime commerce whether occurring at sea or a local waterway. This area of law is complex and can be challenging to understand. In general, maritime law regulates issues related to accidents and incidents on navigable waters. They can include everything from shipping and commercial disputes to marine collisions and injuries.

  1. The Difference Between Admiralty Law and Civil Law

Here are a few of the differences between admiralty and civil:

  • Admiralty law is the area of law that deals with matters which could potentially impact maritime commerce. Whether the incident is a yacht fire far offshore or a crewmember injured while climbing boarding ladder while the vessel has been placed on land for repairs, maritime law applies. Unlike admiralty law, civil law law does not apply to activities on the water. Instead, it applies only to activities on land and is governed by laws that are distinctly different from maritime law.

So, in short, the main difference between admiralty law and civil law is that there are a number of specific laws relating to maritime incidents that do not apply to civil land-based claims. Accordingly, it is important that counsel is hired who is knowledgeable in both areas.

Admiralty And Maritime Jurisdiction:

Admiralty and maritime jurisdiction is often vested in the federal courts of the United States. Cases can also be brought in the state court system at law. In many instances, Maritime matters have national implications and can affect relationships with citizens of other nations.

Another distinct feature of Admiralty law is that the vessel involved in the incident or accident can be named as a defendant “in rem” and required to post prejudgment security for the Plaintiff’s claim. This is a concept exclusive to the federal admiralty system and is unavailable in state court. It is also a remedy unavailable in civil proceedings without the Plaintiff posting security.

In cases involving admiralty or maritime law, state courts must follow the rules of federal law. This “concurrent jurisdiction” allows persons to take legal action at the state level as well as in federal court.

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.

When Should I Hire a Criminal Defense Attorney Fort Worth, TX?

Getting in trouble with the police may be terrifying, especially if you face severe accusations like drug possession. While you may be concerned about jail time and the grave repercussions of your acts, you should also consider hiring a defense attorney, mainly if any of the following occur.

You’ve Been Arrested

If you have been arrested or are being investigated for a felony such as a DUI, it is important that you speak with an aggravated assault lawyer right away.

It is possible to face serious consequences if you are convicted of this offense, including jail time, the loss of your driving privileges, and fines. It is possible that even if you are advised that legal involvement isn’t necessary for the early stages, it may be. If you’re facing federal or state criminal charges, your lawyer can help defend your constitutional rights.

Want An Expert Witness?

An expert witness is a specialist in a particular field who might throw doubt on your guilt or innocence. Consider hiring a lawyer who can locate expert witnesses for your case to get the best potential outcome. It’s worth mentioning that many DUI cases include an expert witness to substantiate the allegations against you, so it’s not a bad idea to do the same for yourself.

You’re Being Tried In Court

Depending on your accusations, you may find it beneficial to have a lawyer defend you throughout your criminal trial. For example, if you’re charged with a sex crime, you may engage a sex crime lawyer or a DVPO lawyer for a breach. They can utilize their knowledge of the legal system to achieve the best possible outcome, including a reduced sentence or the charges being withdrawn.

Something Doesn’t Add Up

Criminal defense lawyers may be needed if they consider that anything is unjust enough to warrant filing a motion. Your attorney can file a petition to suppress evidence if the sole evidence linking your name to a crime was collected by force alone. As evidence suppression in major crimes often includes cross-examining the arresting police officer, this isn’t something you can generally handle on your own.

Even if you’ve been convicted of anything in the past, you still deserve to be treated fairly. You may be eligible to have a past conviction dismissed to receive less penalty. Again, an expert attorney’s assistance may be required in this situation.

You’re Stuck, And You Don’t Know What to Do

If you’ve never been in trouble with the police before, it’s only normal that you’re nervous, terrified, and unclear of what to do. The police may persuade you that you do not need a lawyer, but they may also get you to make statements that could be used as evidence against you. The sooner you speak with an attorney, the higher your chances of getting the desired result. The knowledge they can give you will help you figure out the best course of action.

The best time to seek a criminal defense attorney is as soon as possible. The sooner you contact a lawyer, the faster you will be supported and led through the somewhat intimidating legal system.

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.

What happens if I don’t hire a criminal defense lawyer?

Few things are riskier than choosing a bad lawyer for your criminal case. However, choosing to forego a lawyer altogether and represent yourself, is one of them.

There are a lot of pitfalls that could lead to life-changing consequences when you choose to defend yourself in court. This is not just about jail time and fines. Having a criminal record can significantly impact your future in terms of employment and future housing opportunities.

To help you understand what’s at risk when you choose to self-represent, let’s look at five things that are likely to happen when you choose to not hire a criminal defense lawyer.

Five things that might happen if you choose not to hire a criminal defense lawyer

1. Your rights are not protected and may be violated

The constitution offers important rights to protect defendants and suspects before and after arrest. However, if you’ve dealt with legal matters before, you know the law is rarely straightforward.

Your rights could get violated intentionally or unintentionally by police officers and prosecutors.

Unfortunately, without a qualified criminal lawyer, you might not be aware of the protections that you are afforded by the law. Therefore, a violation of your rights can lead to a conviction.

2. You might not know what defenses to assert

Similar to failing to protect your rights, failing to assert the right defenses can lead to a conviction when facing a criminal charge.

For example, if you are charged with drug possession in New Jersey, saying “I never knew it was illegal” even though it’s true, is not an advisable defense for your case. In fact, you could end up admitting to your guilt in a misguided attempt at defending yourself.  In this case, hiring a reputable criminal lawyer in NJ is the right call.

  3. You might not know what to say

How you speak in court can make all the difference between incarceration and liberty. Using the wrong tone, for example, can be perceived as weak, combative, careless, hateful, or even a sign of mental instability.

Lawyers, drawing from their experience, know exactly what to say and how to present themselves in an orderly manner before a judge. Your lawyer knows;

  • Which motions to file and when
  • Understands how juries are selected
  • Knows when to approach the prosecutor’s office to suggest a plea bargain, depending on how your case is going

You do not have the experience and skills to know these, and many other court processes and procedures.

If you don’t have a lawyer, you might make a bad impression in court when you say something that’s wrong or inappropriate. Worse, you might lose your case simply because you failed to speak and assert your defenses correctly.

4. You might accept an unfavorable plea deal

Most criminal cases in the United States don’t end up in trial, but with a plea deal. A plea deal or bargain is an agreement between the prosecutor and the defendant where the prosecutor promises to lower the sentencing or drop some charges if you plead guilty.

If you are facing a criminal charge, the prosecutor might reach out to you with a plea deal to get you to plead guilty. However, whether you should take the plea deal or not largely depends on the details of your case.

Without the help of an experienced criminal defense lawyer, you might not know whether you are getting a good deal or not and, therefore, you might accept a deal that is not in your best interest.

A criminal defense lawyer attorney can help you determine whether the plea deal offered is favorable and if the need arises, negotiate a better one on your behalf.

5. Your emotions will cloud your judgment

When facing serious accusations, it is important that you remain calm and level-headed, otherwise you cannot fight the charges effectively.

If you are representing yourself in court, you may find it difficult to keep calm when the evidence is upsetting, false, or offensive. You are likely to get nervous, angry, defensive, and in an attempt to talk your way out of trouble, make emotional arguments. This may affect the jury or judge’s decision in a negative way and in turn, hurt your case.

Final thoughts on why you should a criminal defense lawyer

Unlike in a video game, life doesn’t always offer second chances. You only get one chance to fight off criminal charges, and if you don’t put up your best defense in court, it might be the last time you are enjoying your liberty for a while.

Unless you are charged with a simple misdemeanor such as a parking ticket or maybe a trespassing citation, hire an experienced criminal defense lawyer to help you with your case.

So, next time you are wondering whether hiring an attorney is worth it, think about the bigger picture: your future.

Steve Harris is a freelance writer and digital marketing specialist. He works closely with aielloharris.com as a content creator helping them build their online presence through friendly, engaging, and shareable web content. When not hunched over his computer thinking loudly, you can find him playing pop music with his band, reading horror novels, or traveling.

Benefits of Hiring a Personal Injury Lawyer in Colorado

Accidents and injuries to one’s person are never pleasant experiences. Personal injury cases may be expensive, time-consuming, and emotionally draining to handle. Even if you were the victim of someone else’s negligence and experienced a personal injury, you still have to deal with your accident’s stress and financial burden.

A personal injury lawyer agency like Springer & Steinberg, P.C. can help you navigate the legal system and get the compensation you deserve for your injuries.  So, now let’s have a look at some of the benefits of hiring a personal injury lawyer-

1.  Helps You In Getting The Compensation You Deserve

It’s surprising how many people don’t realize that the details of your injury claim may significantly impact the amount of money you’ll get in a settlement. Having an expert personal injury lawyer on your side will ensure that you get the compensation you deserve for your injuries and that the insurance companies don’t take advantage of you. It is in your best interest to employ the experience and expertise of a personal injury lawyer to maximize the compensation you are entitled to.

2.  Well-versed In the Legal System

There is a lot of paperwork to submit, forms to fill out, and insurance companies to deal with throughout the legal procedure. Your rights will be upheld if you choose a personal injury lawyer with extensive expertise in the courtroom. Their knowledge and understanding of the legal system can assist you in avoiding making blunders that you would otherwise have made.

3.  People Who Are Skilled Negotiators

In the aftermath of a car accident, the insurance agent representing the at-fault driver may be pretty convincing when negotiating a smaller settlement. Ensuring firms might be challenging to deal with because of their strategies for getting you to accept their initial offer. This is why you need the services of an experienced attorney to guide you through this challenging period. After you’ve been hurt, a personal injury lawyer on your side might get you a far better settlement.

4.  Gives You Medical Help

For this reason, it is a good idea to include the name of your injury attorney as one of your emergency contacts. They may be able to assist you to seek treatment if they get your call early enough. Whether or whether you recover quickly depends on the quality of the care you obtain at this time. It is essential to have an attorney knowledgeable in medical malpractice and personal injury on your side. Even when you are in the process of healing, your legal team may be working on filing a personal injury claim against the driver who ran you over.

5.  They Have The Potential To Improve Your Chances

Fighting an insurance company is difficult because they have more excellent resources and expertise and will do everything possible to give you the smallest payment possible. The insurance company can take advantage of you if you can handle your injury claim independently. With a personal injury attorney on your side, you’ll have a better chance of getting a large payment from your insurance company.

6.  They’re Eager To Help And Motivate You

In most personal injury cases, the insurance company is responsible for paying the attorney. As a result, they’ll be more eager to assist you in resolving your claim swiftly and efficiently. Most personal injury attorneys only accept cases they believe they can win, which means they are more motivated and ready to battle 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.

Dos And Don’ts of Hiring an Accident Attorney in Nashville TN

An attorney from a personal injury law company should be hired when you have been involved in an accident and need legal assistance. While looking for a good accident attorney, it isn’t always essential to settle with the first person you meet but it is essential to run certain checks before hiring. So that you can make a better decision, we have compiled a list of do’s and don’ts while hiring an accident attorney.

Do’s Of Hiring An Attorney

1.  Do Your Research

Determine your possibilities in the region by doing the study. Look at the results of your preferred search engine to see what local law firms and lawyers appear. Get some names, and check out the reviews and their websites to get additional information about the companies you’re interested in, for example, you can consider Nashville dui attorneys.

The first step is to find out what services they provide, how they can assist you, and if you’re a good fit for each other. You should call the personal injury law company if the reviews are positive, the website is full of helpful information, and if you believe they are a suitable match for your situation.

2.  Ensure That Your Expectations Are Communicated

It’s impossible to anticipate the outcome of any personal injury case. Let your lawyer know from the start what you want to achieve. An attorney can better serve your interests if you tell them what you want to accomplish before your consultation. Also, if your expectations are unreasonable or unachievable under the law, it will be easier for your lawyer to change them.

3.  Bring Important Documents

Injury lawsuits demand a great deal of personal and financial information and medical records. Don’t forget to document all you can about the accident, including how it affected your personal and financial well-being.

Bring as much information as possible to your first meeting with a personal injury attorney, and keep track of any additional costs as the case progresses. As a result, attorney-client interactions will be far more productive.

Don’ts Of Hiring An Attorney

1.  Don’t Blindly Take A Recommendation

Using a legal personal injury company recommended by a friend or coworker is an excellent idea! However, you need to ensure that the lawyers are a suitable match for your case. If you’re not sure they’ll be an applicable match for your case, call them and ask for an in-person session.

2.  Do Not Mislead Or Exaggerate The Truth

Disputes in the courtroom sometimes get personal. You may have to provide your lawyer with some of your most personal details. Even though it’s difficult, being up forward and truthful is always preferable.

Your lawyer is not there to criticize you but to help you resolve your legal issues. These people represent you and work for the best possible outcome for your situation. The more they know about your circumstance, the more they will be able to help. As a result of being honest, your lawyer may be able to discover flaws in your case that might subsequently be utilized against you.

3.  Do Not Leave Everything On Attorneys

Many personal injury claims may be settled without going to trial. You may need to compile a lot of paperwork, including medical bills and accident reports. From there, working with a personal injury lawyer is a piece of cake.

It may be a frustrating experience if you don’t understand the legal processes and can’t meet the deadlines if you aren’t familiar with them. Taking your case to trial may be a necessity. A lawyer, on the other hand, will make your life simpler. In addition, they may act as your legal representative in court if required.

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.

Filing for Personal Bankruptcy Can Be Smooth

Bankruptcy is a term dreaded by both businesses and individuals mainly because of its long-term impact on their credit worthiness. However, there are many situations when bankruptcy works the best to help individuals get rid of their debts and make a fresh start. An expert lawyer firm can help you clearly understand your financial position and explain the various options available to you and their pros and cons, besides helping you through the complete gamut of bankruptcy proceedings.

Resolving Financial Woes

A study has revealed that two-thirds of people who file for bankruptcy in the US cite medical issues as the key reason for their financial woes. Other reasons include piling up of credit card dues, divorce or separation, and the inability to make mortgage payments. However, before you decide to file for bankruptcy do explore other options like non-profit credit counseling, debt consolidation and debt settlement. You can discuss your debt dilemma with a legal expert who will also help you negotiate with your creditors to work out alternate schedules for repayments or waiving off some portion of the debt.

Filing for Bankruptcy

After all other options to deal with your debt problem have been ruled out, bankruptcy is considered. The United States Bankruptcy Code governs the bankruptcy proceedings across different courts. You have the option to choose between Chapter 7 or Chapter 13 bankruptcy filings.

Chapter 7

In the case of a Chapter 7 filing, individuals are required to voluntarily turn over their assets to the bankruptcy Court. These assets are then sold and the proceeds used to pay back the creditors. This leads to the discharge of the debt of the individual filing for bankruptcy. Some categories of assets like the motor vehicles owned by you, clothing, pension amount, personal jewelry, household goods and appliances may be exempt from the categories of assets to be handed over. The option of Chapter 7 bankruptcy filing is, however, available only if the individual’s income for the last six months is less than the median income in his/her state. If the earnings are more than the state median level, Chapter 13 bankruptcy is recommended.

Chapter 13

The Chapter 13 bankruptcy is a little more complicated and takes a longer time for the discharge of debts. It applies to individuals who have income and the ability to manage the debt under a different payment plan structure. This option offers individuals an opportunity to save their homes from foreclosures besides rescheduling their secured debts for repayment over the life of the Chapter 13 plan. This bankruptcy option protects third parties who are liable with the debtor on consumer debts or co-signers. An important feature of this bankruptcy option is that individuals have no direct contact with the creditors and all plan payments are made to the trustee who in turn distributes them to the creditors. Since the bankruptcy law regarding the scope of Chapter 13 discharge is complex, debtors should consult competent lawyers before filing for bankruptcy.

Going for Credit Counseling

US laws make it compulsory for individuals seeking bankruptcy relief to get credit counseling from a government-approved organization. The course must be completed within 180 days before the filing as it helps in deciding the best option for resolving your credit woes. The course can be done online or by phone or in person and the certificate for the same has to be shown to the court.

Fill the Required Forms and Pay the Court Fees

The next step is go ahead and fill the necessary court forms and pay the court fees. Once you have completed all the formalities in accordance with the law and the bankruptcy petition has been filed, the court appoints a trustee to oversee the case. Applicants need to start paying their Chapter 13 payments one month after their application is filed even if the court has not approved or confirmed the proposed plan. However, if the bankruptcy court does not confirm the suggested plan, your attorney will make the necessary changes

Creditor Meeting

An important step in the bankruptcy proceedings is a meeting with the creditors. Mandated by the section 341 of the bankruptcy code, this meeting involves the presence of the trustee, the individual applying for bankruptcy and the creditors.

Debtor Education Course

Before the final discharge of debts, the individual who has filed for bankruptcy will need to complete a post-filing debtor education course from a government-approved organization. This course helps to learn budgeting, money management and use credit wisely.

To ensure the smooth completion of bankruptcy proceedings and the discharge of debts it is best that the services of an expert bankruptcy lawyer are sought. This will not only ensure that the petition is not rejected on grounds of improper filings or discharge of wrong debts.

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.

Is My Spouse Entitled to My Personal Injury Settlement in Ohio

Unfortunately, research indicates that about 58% of all marriages in Ohio result in divorce. This statistic is discouraging for people who expected to spend their whole lives married to their spouses. When you also have to deal with a personal injury on top of things like marriage issues, everything is so much harder, and at times, personal injury can be one factor that causes strife in a marriage, so there’s a lot at stake.

If you had or will have a personal injury settlement and are going through a divorce, you may be wondering if your spouse is entitled to your settlement. The short answer is yes. However, the answer is more nuanced than you may think, but the law does make the answer to this question relatively clear.

Marital and Separate Property in Ohio

To understand the answer to this question, you must understand what marital and separate property is in Ohio. These two classifications suggest which assets are splits and which ones are kept separate in divorce proceedings.

The first classification is marital property. Marital property tends to be:

  • Income
  • Pensions
  • Retirement accounts
  • Marital assets

The marital property represents the things that you share as a couple and the life you have built together.

Separate property includes:

  • Gifts
  • Inheritance
  • Assets from before marriage

Your separate property represents the parts of your life that you build yourself, independently from your marriage, so if you have a house before you are married, that house remains separate property. Your body, for example, is something that you have autonomy over, which is why your pain and suffering is yours alone and damages related to that don’t have to be split.

There are also some parts of settlements that can be considered marital property. For example, medical costs and lost wages could be parts of your settlement that your spouse is entitled to. Why is this? Well, these kinds of costs are an expense that both partners may pay after an accident. Other compensation like that for pain and suffering or emotional distress are often separate, so basically, the non-economic damages usually don’t have to be divided.

What Can My Spouse Get?

Your spouse can get part of the economic damages from your settlement. What your spouse gets will depend on what kind of assets you have and how your assets are divided. You may be able to reach a more desirable settlement with your spouse. It’s useful to hire a personal injury lawyer for these proceedings to make sure that you are getting the best out of your divorce.

Comparing Equitable and Equal

There’s a difference between equitable and equal division of assets. Partners do not always get the same amount of payout; rather, they get an equitable division of assets. The law strives to be equitable rather than just splitting everything in half and calling it a day.

For example, an equal divide is 50/50, but the equation takes into account will take into account the circumstances of the parties involved. Someone disabled from a personal injury, for example, could be more entitled to a bigger split of money if they are not the wage-earner of the household. Children and finances are other factors that are part of the equation to get an equitable split.

Can I Safeguard My Personal Injury Award

There is no way to eliminate any claim that your spouse or ex-spouse has on your settlement. Yet, a good lawyer can help you get the most benefits and get the most equitable split of assets. The law recognizes that your spouse is impacted by your personal injury and takes that into account when splitting assets.

What if I am Divorced Before the Settlement is Completed?

If you are divorced, and the personal injury happened before the divorce, your former spouse would still have a claim on your settlement, and the amount of this claim will depend partially on how much the personal injury impacted them.

How an Attorney Can Help

A qualified attorney can help you understand what you can do going forward. Divorces are tense, and they often come with a lot of emotional baggage that can make finding a resolution even harder. A consultation with a lawyer can help you understand what you can do to build a good case, and you can ask any outstanding questions that you have. An attorney will ensure you know your legal rights throughout the process, and they will help you negotiate the best terms for yourself. Your settlement is only as good as your lawyer!

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.

What is Lifecare Planning: A New Approach to Elder Law

With an ever-increasing percentage of the population falling into the category of senior citizens, there’s always a demand for any kind of services that caters to them. Whether it’s better healthcare or the appropriate legal advice, care for the elderly is a growth market. Among the many aspects of caring for the elderly, ensuring that they have the legal capacity to make their own choices is crucial. That’s where lifecare planning comes in. It is a legal arrangement in which a person chooses another individual or party to represent their wishes as far as health matters go in the event that they are incapacitated. Of course, this does not only apply to senior citizens. A person approaching middle age, for example might choose to have such an arrangement to ensure that their health care wishes are respected in case they get an accident or a terminal condition that robs them of their mental faculties. To know more about such arrangements, you can read more here.

Throughout human history, debilitating illnesses or injuries have led to great suffering, both for the victims and their loved ones. Such afflictions have always placed a great strain on family bonds. The idea of lifecare planning evolved as a response to dealing with such scenarios.

Lifecare planning is a way of making informed choices as far as the care and needs of an individual go if they ever become incapacitated. This includes the associated costs of providing proper care to ensure that such an individual lives a normal life as much as can be helped.

A Life Care Plan is the document that lays out all such arrangements. Of course, the creation of this document involves perusing through the client’s medical records, a thorough assessment of the client, and reviewing the client’s current conditions and its associated costs as far as care goes. Health care providers are also crucial in this process, helping to provide valuable input as far as the patient’s prognosis goes. The person responsible for drawing up this document is a life care planner. In addition to these sources of information, the life care planner also consults up-to-date medical literature regarding the conditions affecting the individual under their charge. Needless to say, the life care plan needs to be specific to meet the individual’s unique circumstances.

Elder Law

Because of the increasing number of senior citizens and an ever-evolving medical care system, ensuring that this demographic is well-informed and catered for has led to the growth of a relatively new field of law; elder law. This branch of law specifically addresses the issue of having a well-planned life care plan from a legal standpoint.

When setting up a life care plan, not every elderly person will have a family member to rely on. In such cases, they may have to go into a long-term care facility. Depending on their condition after the creation of the life care plan, they may have cognitive deficits, thereby necessitating them to be committed to a facility that addresses such issues.

Attorneys that focus on elder law have a myriad of issues to deal with as far as life care plans go. For example, the cost of long-term care can be astronomical. If a client cannot afford it, finding alternative means of funding can be challenging. For elderly individuals that start the process of having a life care plan early, they may have the option of favorable insurance policies and other assistance programs to help them cover such future costs.

A New Approach

An attorney focused on elder law can work closely with a life care planner and other players to draw up a very favorable long-term care plan for their client. This is becoming more common as more people see the merits of preparing early for the eventuality of not being in a position to make their own medical decisions. To this end, there are some options. These include;

Power of Attorney (POA): This is a legally-binding arrangement in which an individual authorizes another to act on their behalf, usually in matters of finances and health issues. In some jurisdictions, it’s common practice to have a separate power of attorney for financial matters and another for health matters. The authorized individual, called an agent, assumes responsibility for making such crucial decisions if the one that authorized it(the client) becomes incapacitated.

Guardianship: There are instances when a person becomes incapacitated without having a power of attorney or a life care plan. In such cases, guardianship is the route to go. Here, a court hearing is required for somebody to be appointed as a guardian over another person. This can get complicated if there are different family members with conflicting opinions about what’s best for the incapacitated person. An elder law attorney is crucial to have in such matters.

Choosing the Right Elder Law Attorney

All legal aspects are sensitive, with the potential of altering an individual’s life for the better or otherwise. The same is true for the practice of elder law and those it affects. An individual choosing an unsuitable elder law attorney will create more problems in the long run. That’s why choosing the right elder law attorney is essential. Given the possibility of being mentally incapacitated, the last such an individual needs are a corrupt and incompetent elder law attorney trying to fleece them.

Choosing the right elder law attorney involves

Asking friends and family for referrals: This is one of the most reliable ways. Because most of what elder law attorneys do can have a significant bearing on someone’s life, people don’t usually forget their conduct. If an elder law attorney comes highly recommended by a family member or acquaintance, it is a good indicator of their professionalism and character.

Research Them Thoroughly: This is usually to put your mind at ease. While an elder law attorney could be noble, their experience with a case like yours may be very limited. You may want to turn them down. This, of course, is not a reflection of their skills and reputation but a simple case of incompatibility.

At the end of the day, a good elder law attorney, together with a reputable life care planner, can make all the difference for elderly people that need their services.

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.

When Do You Need an Anaheim Lemon Law Attorney?

Most people who’ve owned lemon vehicles can attest to the terrible experience. Common pain points include expensive repairs and inconvenience due to frequent stalling, persistent engine problems, or another defective part.

A lemon law attorney can offer a reprieve to consumers who own lemon cars. Even so, getting a refund or replacement under Anaheim lemon laws is a complex and time-consuming process. To that end, it’s prudent to seek advice and representation from an experienced lemon law attorney in Anaheim.

The Car Keeps Breaking Down

Lemons have substantial defects that negatively affect their value, function, and use. Again, not all car problems that lead to emergency repairs constitute lemons. It’s crucial to establish a pattern of severe defects whose repairs are expensive and repetitive to prove lemon status.

Below are examples of common defects under the California lemon law:

  • Defective brake failure
  • Air conditioning malfunction
  • Automatic transmission defects
  • Repetitive stalling
  • Seat belt and airbag malfunction
  • Problems with the electric wiring system
  • Involuntary acceleration

A trusted attorney comes in handy when a manufacturer has made several unsuccessful attempts to solve a substantial defect. Ideally, you can write to the manufacturer requesting a refund or replacement. Even so, the manufacturer can abuse their position and offer insufficient compensation, which calls for representation.

To Obtain A Maximum Payout From the Manufacturer

Any offer from a manufacturer or a dealer serves their interest to minimize loss. If you blindly accept their offer, it’s likely to be below the purchase price or inconsistent with market conditions. Fortunately, Anaheim Lemon law attorneys can apply legal experience and applicable statutes to maximize your payout.

Here’s how an attorney works to maximize your payout:

  • A clear understanding of the paperwork: All legal arguments rely on solid evidence and the proper paperwork. An attorney puts together all the documents, gathers the missing pieces, and eventually creates a convincing case against the manufacturer or the dealer.
  • Technical Knowledge: Out of experience, an attorney understands the jury’s perception, vehicles that don’t qualify, and the substantial defects that comprise a lemon car. In addition, Anaheim law attorneys understand that manufacturers prefer buybacks, which is motivation to fight for their clients who deserve replacements.

Ultimately, a lemon law attorney is the best bet in pursuit of a maximum compensation against manufacturers or dealers who prefer to minimize or deny a lemon law claim.

Obtain a Free Case Review

Besides the technical issues of lemon claims, car owners incur costs like initial deposits and recurring loan payments. Car owners experiencing the brunt of lemons require relief, which is why a free case review is a good reason to contact an attorney.

Here are a few elements of case review that establish the merits of your case:

  • Did you acquire the vehicle in California?
  • Did the car defects start in the first 60,000 miles?
  • Have you visited the dealer at least 2 times or a visit whose repairs lasted over a month?

A point to note: The one-way fee-shifting provision allows attorneys to claim compensation from the at-fault manufacturers. It’s, therefore, possible to obtain a free case review and representation that doesn’t impact your wallet.

Build a Lemon Law Case

Once you’ve noticed tell-tale signs like engine defects or persistent stalling, it’s prudent to start building a lemon law case. Getting the rightful refund or replacement involves ample preparation, getting hold of crucial documents, client coaching, among other tactics.

A typical lemon law case can take months before its completion. It’s therefore vital to foster a working relationship with an experienced attorney to facilitate a strong case against the dealer or manufacturer.

Graduated from graduating UCLA School of Law. After spending years working to defend manufacturers, Valerie realized she was on the wrong side of justice. She now works as a California lemon law attorney for consumers just like you, helping you fight to get your money back so you can purchase a safe, reliable vehicle.