Are Wrongful Death Settlements Taxable Income?

Wrongful death settlements are something that you can pursue after the loss of a loved one occurs following the negligence of another person. Wrongful death can include any number of fatal accidents such as medical malpractice, car accidents, defective products, and unsafe working conditions.

A wrongful death settlement will typically seek damages in the form of compensation for the survivor’s loss like lost income, funeral expenses, and even lost companionship to the victim’s family.

As you consider pursuing a wrongful death settlement, you may have questions such as are wrongful death claims taxable. Below, we answer if settlements from a wrongful death are taxable and what certain exceptions exist.

Disclaimer: The following is not legal or tax advice. It is general information meant to inform. Consult a Columbus wrongful death attorney for advice and guidance on your case.

Are Settlements from Wrongful Death Taxable?

Typically, wrongful death settlements are not considered to be income – meaning they are not taxable. Generally, the Internal Revenue Service (IRS) will apply 26 CFR § 1.104-1 (titled “Compensation for injuries or sickness”) to most of the financial damages you will receive in a wrongful death settlement.

This section is applied because wrongful death settlements arise from personal injuries or sickness.

The IRS will typically not tax compensatory damages – financial damages that are awarded to an individual to compensate for injuries, sickness, and other losses. In wrongful death claims, compensatory damages will be awarded to the deceased part’s representative or family.

Compensatory damages include:

  • Medical expenses
  • Loss of income
  • Additional expenses incurred by the loss of the victim

If you are unsure about your claim classifying as a wrongful death claim, be sure to consult with a wrongful death attorney. They will be able to look over your case and determine if you have grounds for a wrongful death claim.

Exceptions Within Wrongful Death Settlements That May Be Taxed

Now that you know that settlements from a wrongful death are typically not taxable, it is also important to understand that there are a few exceptions. While wrongful death settlements are not considered income, there can be portions within the settlement that can be taxed.

Portions of the settlement that might be considered taxable include:

  • Medical expenses that have been claimed as tax deductions in previous years by the victim
  • Punitive damages
  • Pain and suffering that is not directly related to the victim’s personal injury or sickness

An important note on punitive damages to keep in mind is that they are rarely awarded. Punitive damages are meant to punish the defendant in an effort to discourage them from the negligent actions that led to their loved one’s death. They are also completely up to the judge’s discretion.

Each wrongful death case will differ, so you may not see these specific exceptions in your own case.

To read more on how the IRS handles the taxation of lawsuits and settlement awards, you can read more on their site here.

Statute of Limitations

As you prepare to seek appropriate damages for the wrongful death of a loved one by understanding how the settlement may be taxed, another important element to take note of is the statute of limitations.

Like many other court proceedings, there is a statute of limitations associated with wrongful death claims. According to Section 2125.02 of the Ohio Revised Code, the family or estate representative of the deceased has to pursue a claim within two years of the death.

Heit Law, LLC is a personal injury law firm that is based in Columbus, Ohio. As a Columbus wrongful death attorney, founder Corey Heit works to represent clients throughout the Columbus area and across the state with a dedicated and proactive approach. Wrongful death settlements are handled in a timely fashion with a strong voice that advocates on your behalf. To book a free and confidential consultation today, reach Heit Law, LLC online over the phone.

Should I get a lawyer for motorcycle accident?

Why You Need a Motorcycle Accident Attorney

If you’ve been in a car accident, you may be wondering if you need a lawyer. The truth is, if you’ve been injured in an accident, you absolutely need a lawyer. A motor vehicle accident can leave you with serious injuries that require long-term treatment and rehabilitation. You may also miss work as a result of your injuries, putting a strain on your finances. A motor vehicle accident attorney can help get you the compensation you deserve for your injuries.

Motorcycle accidents are one of the most common types of accidents on the road. According to the National Highway Traffic Safety Administration, there were more than 5,000 motorcycle accidents in the United States in 2015. In most cases, motorcycle accidents are caused by other vehicles, often when the driver of the other vehicle fails to see the motorcycle. This can be especially dangerous for motorcycle riders, who are often more vulnerable to injury than other motorists. While it is important to hold negligent drivers accountable for their actions, some motorcycle riders may be hesitant to do so if it means admitting that they were at fault in the accident. However, it is important to remember that fault is determined by the insurance company and not by the police report. As a result, motorcycle riders should not be afraid to seek compensation from their insurance company, even if they were partially at fault in the accident.

Motorcycle Accidents vs. Car Accidents

There are many reasons why motorcycle accidents are often much more serious than car accidents. When a motorcycle is involved in an accident, the rider is often thrown from the bike. This can result in severe injuries or even death. Motorcycle engines are often much larger than those in cars, and this can result in more serious injuries if a rider is thrown from their bike. Motorcycle accidents often occur at high speeds, which increases the likelihood of serious injury or death. For all these reasons, it is important for motorcycle riders to take extra care on the road and to be aware of the potential dangers they face.

Damages to Expect After a Motorcycle Accident

No one wants to have an accident, but motorcycle riders are particularly vulnerable to them. While motorcycle accidents can result in a variety of damages, some of the most common include road rash, broken bones, and internal injuries.

Road rash is a term used to describe the abrasion of skin that can occur when a rider is thrown from their motorcycle. Because motorcycle riders do not have the benefit of seat belts or airbags, they can be ejected from their bikes during an accident. This can result in serious scrapes and scratches, as well as more serious injuries like skin infections and nerve damage.

Broken bones are also common in motorcycle accidents. Because motorcycle riders do not have the same level of protection as those in cars, they are more likely to suffer fractures in an accident. Common motorcycle accident injuries include broken wrists, ankles, and collarbones.

Internal injuries are another serious complication of motorcycle accidents. Because motorcyclists are not surrounded by a metal frame, they are more likely to suffer internal organ damage in an accident. This can include injuries to the lungs, liver, and spleen. Internal bleeding is also a possibility after a motorcycle accident, which can be fatal if not treated immediately.

What to Do If You’ve Been in a Motorcycle Accident

Being in a motorcycle accident can be a traumatic experience. If you find yourself in this situation, there are certain steps you should take to ensure your safety and well-being. First, it is important to assess the extent of your injuries. If you are able to do so, move to a safe location away from oncoming traffic. If you are unable to move, wait for emergency responders to arrive. Once you have received medical attention, it is important to gather evidence from the scene of the accident. This can include taking photographs of the damage to your motorcycle and the other vehicles involved, as well as any visible injuries you may have sustained. You should also get the contact information of any witnesses who saw the accident occur. This information can be vital if you decide to pursue legal action against the other driver. By taking these steps, you can help protect yourself following a motorcycle accident.

Why You Need a Motorcycle Accident Attorney

After being involved in a motorcycle accident, it’s important to seek out legal assistance as soon as possible. An experienced motorcycle accident attorney will be able to help you navigate the complex process of filing a personal injury claim. They will also be able to answer any questions you have about your rights and what to expect from the insurance company. In addition, an attorney can help you collect evidence to support your claim and ensure that you receive a fair settlement. If you’ve been involved in a motorcycle accident, don’t hesitate to contact an attorney to discuss your case.

Does It Matter Who Is at Fault in the Accident?

In many accidents, it is not clear who is at fault. This can often lead to finger-pointing and blame-shifting, which can make the situation even more confusing and difficult to resolve. However, does it really matter who is at fault in the accident? In some cases, such as when insurance companies are involved, determining fault can be important. However, in other cases, such as when two people are involved in a minor fender-bender, the fault may not be as important. What matters most in these situations is how the parties involved handle the situation. If both parties are able to maintain a calm and rational demeanor, they will likely be able to quickly reach a fair resolution. However, if emotions start to run high, things can quickly escalate, making the situation much more difficult to resolve. Therefore, while fault may sometimes be important, it is not always the most important thing to consider following an accident.

No matter what type of motor vehicle accident you’ve been involved in, it’s important to speak to an attorney as soon as possible. An experienced attorney can help you understand your rights and options and ensure that you receive the compensation you deserve for your injuries. If you’ve been injured in an accident, don’t hesitate to contact a local law firm today to schedule a consultation.

Don’t wait – contact an attorney today!

With 50+ years of combined legal experience, the attorneys at Cummings & Lewis, LLC represent people who need legal assistance. Our size, experience, and legal knowledge allow us to represent people who face all sorts of legal concerns in state and federal courts. The cases we handle include personal injury, auto accidents, workers’ compensation, and more. Our attorneys draw on our years of trial experience when representing clients.

While most of our clients are located in Spartanburg, Cherokee, Union, and Greenville Counties, we have experience handling cases for clients throughout South Carolina. No matter what the case may be, our attorneys have the expertise to assist you in your time of need.

Common causes of road accidents in Florida

Some Most Common Causes of Car Accidents in Florida

What is the most painful thing that gives you goosebumps even in your imagination? For me, the most painful and hard thing is to imagine losing a loved one. Just thinking about it makes me numb. And let me inform you that car accident are the most common causes of sudden death worldwide. According to the National Highway Traffic Safety Administration, about 40,000 people face death and about 3 million people sustain serious injuries every year in the U.S.

However, both major and minor types of accidents can affect the life of the victim. The victim can go through severe physical, emotional, and mental trauma. Not just that but sometimes victims undergo permanent disabilities, pay high medical expenses, and suffer due to loss of wages and property damage. Though, it is significant to know how the accident happened and who was responsible. If a car accident happened due to a mistake of another driver then it’s better to contact a car accident lawyer port st lucie.

Adequately, it is our responsibility to drive safely so we can save ourselves and other lives. And it is essential for all of us to have knowledge of the causes of car accidents. Knowing the causes can help us to avoid accidents and secondly knowing the cause will let us know that someone else is responsible for a car accident, and then we can claim compensation.

Common Causes Of Car Accidents

I’m going to divide these causes into two categories. One is due to human errors and the other is not related to human error.

1.    Causes of car accidents due to drivers’ mistakes (human error)

It has been studied that 94% of car accidents happened due to human mistakes.

  • SPEEDING

Speeding is one of the common causes of severe car accidents that can even lead to death. The driver sometimes drives fast as he or she was running late to work or maybe he got late and he has to pick up his son from school.

However, the driver doesn’t think that getting late is not a matter of life and death but that driving fast can be.

  • DISTRACTED DRIVING

While driving, it will become a tough situation if the driver distracts his mind. Distracted driving can lead to severe accidents. The brain loses focus if it gets distracted due to texting, grooming, looking here and there while driving, eating, or talking on the phone.

During driving, it is a must to maintain a focus on the road, and signals. And the driver should maintain a distance between the front and backward cars.

  • DRUNK DRIVING

Driving while drunk is a crime. And the drunk driver has to pay the penalty or can go to jail. The reason behind this is that drunk driving can lead to a terrible accidents and even can result in death. The drunk person loses their sense and it becomes difficult for him to make an instant decision.

  • RECKLESS DRIVING

Reckless driving is driving in a dangerous manner or driving carelessly. The driver breaks the rules or overtakes other cars and switches lanes. The sign of a reckless driver is that he drives at full speed. Therefore, if you see such a driver then protect yourself and report the police.

  • AGGRESSIVE DRIVING

Aggressive driving can take the life of others. Something aggressive driving can be the result of willful action without getting worried about safety. It is violent behavior and the driver puts himself and others at risk.

  • FATIGUE

The driver should not drive if he is feeling sleepy or drowsy. Fatigued driving can cause drastic accidents.

  • IGNORING RED LIGHTS OR STOP SIGNS

You won’t disagree if I say, most people lack patience. Many drivers don’t wait for a few minutes at the signals. However, signals are established for our safety purpose.

2.   Cause of car accidents not due to the mistake of the driver

Sometimes accidents happen even if the driver drives carefully. The  accidents can happen due to

  • BAD WEATHER

During bad weather, driving becomes difficult like in the rain, fog, snow or heavy wind. The roads become slippery and affect the traction in tires which can result in car accidents.

  • VEHICLE DEFECT

There are hundreds of parts in the car. Any part defect can result in a severe accident.

  • ROAD CONDITION

Roadways that are not maintained properly can increase the risk of accidents.

Bottom Lines

Several causes can result in car accidents. Unfortunately, even after so much education and awareness, thousands of car accidents are still happening. And many people are suffering due to the mistakes of others. However, I believe that victims should take a stand against the wrongdoers. This is how the at-fault party will learn a lesson. The victim should take legal help and consult a car accident lawyer port st lucie. Your lawyer will help you to get compensation for all physical and mental trauma including financial loss.

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.

How can a St. Louis personal injury lawyer help you?

How will a personal injury attorney help my case?

Personal injury cases are common all over the country. In fact, there has been an upward trend in such cases in recent times. Personal injury cases can result due to many factors. These cases can result in an effect on your mental health and physical health. Therefore, an individual must be aware of how to deal with such a situation if it occurs.

How to deal with personal injury cases

Legal work is a sensitive matter and needs to be dealt with utmost importance. Like any legal case, even the smallest of things can be important in deciding a case. If you go out on your own to fight a personal injury case, you will miss out on many things. To ensure that you get justice, it is best if you hire a qualified professional like a St. Louis Personal Injury Lawyer. In addition to having legal representation, such situations can be a source of massive relief as well.

Types of personal injury cases

Personal injuries can arise in different situations due to different factors. This is why the type of injury cases differ from each other. First, let’s have a look at some of the most common personal injury cases.

1: Vehicle accident injury

There are countless cases of vehicle accidents every day. If a person sustained an injury in a vehicle accident due to the fault of another party, it makes the other party liable. However, you must have proper documentation of your injuries. Be sure to visit medical facilities and get your injuries on record. Enough proof and good reason will make sure you get compensated due to this type of injury.

2: Workplace injury

There have been several instances where workers have been working in unsafe conditions. This is commonly noticed in the construction industry and related workplaces. Unsafe working conditions can lead to severe injuries and even death in some cases. If you ever come across this situation, you should file against your employer to compensate you for the injuries sustained.

3: Product liability

Nowadays, many products misrepresent or, even worse, conceal the side effects they can have. This includes products of all ranges from food products to skincare products. If you sustain injury due to such a product, you can be entitled to compensation by the company. However, dangerous products or those that come with warnings mentioned on their labels are not included.

4: Premises liability

You may sustain an injury while on-premises with unsafe conditions. These can be construction sites, gas stations, restaurants, or some other places. You can sue the person for compensation if your injuries are a result of their carelessness.

How can a personal injury attorney help you?

The last thing anyone wants to do is go through even more pain after sustaining a personal injury. The legal process is heating, straining, and full of uncomfortable parts such as excessive paperwork. A personal injury attorney will guide you through the whole process in the most efficient manner. This will also give you the necessary time to rest and recover following your injury. Let’s have a look at some ways in which these attorneys can help you.

1: They will make sure you get medical attention.

Due to the nature of their business, their attorneys are well connected with medical professionals. Also, as we talked about earlier, you need to document your injuries. These attorneys can help you with that since they know how to gather evidence effectively. This will help you make your case stronger.

2: They can assist you in decision-making.

Attorneys know the law well and are aware of all that takes place in such cases. Without an attorney, you might not know what step to take since it’s not easy to get the other party to compensate you. Some companies might even try to lowball you or strong-arm you into dropping the case. An attorney knows all these tactics and can help you navigate them.

3: Provide you mental peace

Personal injury is a deeply traumatic event, and you may not be able to think clearly. This is where an attorney can come into the clutch since they can offer you the best advice. An experienced lawyer will handle all your legal matters efficiently, giving you the time to rest and heal.

4: Can negotiate you a decent settlement

Dealing with insurance companies can be extremely difficult. They will do just about anything to ensure that they have to pay the minimum value possible. Therefore, you may not be able to negotiate with them on your own to offer a great settlement. However, an attorney has excellent negotiating skills and knows how to law out all the facts to get the best compensation possible.

Conclusion

The process following a personal injury is painful and confusing. What matters is that you ensure justice for yourself. The best course of action for doing this is to contact an experienced St. Louis Personal Injury Lawyer to represent you and get you fair compensation. To get free consultation you can use (314) 470-1211.

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How to Tell Kids About Divorce?

How to Tell Your Kids You’re Getting a Separation or Divorce

When you and your partner are certain of taking a divorce or separation, it is vital to consider how and when to communicate with your children. Divorce is stressful nowadays, and having two children and contemplating separation makes it much more difficult. Divorce is a difficult experience for children, and seeing them separated from their parents may be incredibly hurtful.

Brisbane Family Lawyers is one of the most experienced lawyers that can help you conquer all of your difficulties and address them with your children and family.

  1. Take your time announcing your choice, and don’t rush into it:

Divorce is not a sudden decision. You and your ex-partner were undoubtedly aware that things were not going well and that your relationship was deteriorating, even if you attempted to repair the marriage. In most cases, this is how it happens – it’s a process that culminates with the major choice.

Don’t tell anyone you’re getting a divorce right away. Spend at least one day with your children as a family. This will surprise them, so take advantage of the opportunity to make them happy before it happens.

  1. Prepare your remarks:

Rather than saying something immediately, it is always better to prepare a plan. Children have pure spirits, and seeing their parents divorced can be tough and emotionally damaging.

Make a strategy, organize your holiday plans, and contact a counselor to address your children’s issues.

  1. Do Everything Together:

It is always beneficial to never let youngsters bear all the weight independently. It doesn’t matter who is to blame for the divorce – you’re all in this together.

For the children, parents are equal, and instead of breaking the news alone and blaming the divorce, other people can emotionally harm children. So, with complete support and love, break the news to them and explain the cause of the divorce. Allow your children to express their thoughts and assist them in clearing their vision once they grasp the cause of the divorce.

  1. Explaining the reasons for the divorce:

It is neither essential nor appropriate for you to discuss the particular reasons for your divorce. Your children, on the other hand, will be intrigued as to why this is happening. Mature children will comprehend why their lives will change. So, while you don’t want to provide personal details, be ready to present a general picture without apportioning blame. “We thought it wouldn’t come to this, but we can’t seem to mend our relationship.” “We each have distinct goals in life.” “We enjoy each other and want to remain friends, but we are no longer in love.” Recognize that these are adult issues that your children, even if they are intelligent and mature, will not grasp.

  1. Leave the Important Decisions to Them:

If your children are mature enough, they will want to participate in this procedure. They may want to pick who they reside with. However, encouraging people to make this option is not the same as giving them a say.

This is something you and your ex-partner should discuss.

If your children are mature and younger, it is even more critical that you make this choice for them. Let them decide what they want.

  1. All of your children should be there when you tell them:

You may believe that if you have older kids, they would understand why you and your husband are splitting. You may feel more at ease informing them while keeping the child stress-free. It would be best if you did not do so.

It’s preferable to have this discussion with the entire extended family present. If you have more than one child, they will support each other. Don’t take it away from them by making one of them cope with the grief alone when you instruct them not to speak to their brother or sister.

  1. Prepare for reactions and be ready to deal with them:

Every kid will react differently to the separation announcement. Some people may scream immediately but then pretend as if they didn’t hear anything. Their method of thought is to ignore this truth. Things fall into place. Other youngsters may continue to change the topic. They may rarely listen. Sometimes individuals may get emotionally unstable and weep for weeks. Others will not display emotion; instead, they will hide it deep within.

When notifying your children about your divorce, you should be prepared for these reactions. What will you be required to do? Be there for your children. This is the period when they require your assistance the most.

  1. Allow them some time to acclimatize to the news:

It’ll still take a couple of days for you and your kids to adapt to such a significant shift, and although you may be comfortable in the destiny you envisage for them, it will take a bit of time to see that potential unfold. Meanwhile, remain fully present in the moment and soothing. Mimicking your healing process over time will assist them in adapting and recovering.

Contact the right experienced one!

Central Coast Family Lawyers are competent attorneys who always back your choice and explain it to your children. Some decisions are upsetting and require time to digest, but the proper lawyer can point you in the correct direction.

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How Do I Find the Best Lawsuit Funding Companies?

Finding the Best Resources for Lawsuit Funding

A personal injury case can take months or years before being resolved. The biggest challenge for the plaintiff is to make ends meet as they cannot work due to the injuries sustained. Lawsuit funding is a great option as it offers financial relief in these circumstances. Here are some tips to find the best resources for lawsuit funding:

How to Choose the Right Lawsuit Funding Company?

Lawsuit funding, known as legal settlement funding, pre-settlement funding, or a lawsuit loan, is popular among personal injury plaintiffs. If you file a personal injury lawsuit, you may incur large medical bills or lose income due to the injuries.

As a plaintiff, you can get pre-settlement funding to cover medical bills, car loans, mortgage payments, or living expenses. Follow these tips to find the best legal settlement funding company:

Research

Get information on multiple pre-settlement funding companies online. Look for testimonials, the company’s physical address and contact information, and the rates charged. A reputable pre-settlement funding company will disclose its fees.

Look for a company registered in your state. Avoid companies that pressure you into transactions. Asking for information or applying for a loan does not mean you should make any commitments or sign any paperwork. Find a different lender if the settlement funding company doesn’t want to reveal the loan terms.

Interest Rates

When you get your settlement money, you may have to pay interest apart from the borrowed original amount. Compare interest rates from various companies. Rates generally differ and can be high depending on the severity of your case.

Finding accurate information on websites can be difficult. Most companies prefer to evaluate your case before quoting a rate.

Request potential companies to provide rough estimates of the interest rates charged on similar cases. You will know how much interest you will pay on top of the borrowed amount. Choose a funding company with simple, non-compounding rates.

Experience

Settlement funding is a relatively new industry. Look for a lawsuit loan lending company that has been there for several years to make sure they have adequate experience.

A company with years of experience has knowledge and skills in structured settlement sales. They are more equipped to guide you through the entire process.

A Clear and Concise Contract

A contract guarantees you will not pay the lawsuit lending company more than your settlement amount. A confusing or vague contract shows that the company may not be reputable. As soon as you look at your contract, you need to know the fees, the rate, and the amount to pay back.

Don’t sign the contract if you cannot calculate the payoff numbers. The contract should have a few pages and be straight to the point. Consult with your attorney to confirm that the terms of the contract are clear and concise.

Transparency

A reputable pre-settlement funding company will be transparent. When approached by a company by email, text, or mail, confirm that they are a credible business before signing anything. A trustworthy company will want to establish long-term relationships and will want to contact your lawyer to set up your lawsuit loan.

Legal settlement funding companies are easy to reach. They understand that missing a call can cause them to lose business. A recognized company will have a person ready to answer phone calls. The best company will address your concerns and answer your questions well.

Turnaround Time

Different states have different statutes of limitation, limiting plenty of personal injury cases to file in court. Most states require the injured patient to file a lawsuit within two years from their injury. Those injured have little time to get the money they deserve.

Identify a legal settlement funding company that can quickly offer you the cash you need. Find out how long the company takes to process applications and if they charge any upfront fees.

Look for the Best Lawsuit Funding Company

Finding a lawsuit funding company should not be done in a rush. Do your research to identify a company that can meet your individual needs.

Compare several companies and choose one that can offer enough funds to meet your needs. A company that offers the funds you need at a reasonable interest rate is a great option.

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What To Ask Divorce Lawyer at First Meeting

What To Ask Your Divorce Lawyer at the First Meeting

Hiring a divorce lawyer comes with many benefits — legal expertise, complete divorce paperwork, and help with asset division and custody agreements.  When you’re looking for an attorney, you may wonder, “how do I find the best divorce lawyer near me?” By asking the right questions, you can find the best attorney to help you navigate your divorce process quickly and smoothly. Here are some must-ask questions during your first meeting with your potential divorce lawyer:

Should I Communicate With My Spouse?

Letting go of all the time you’ve spent with your spouse can be challenging. You may want to continue speaking during the divorce to help you build a friendship after the divorce. Communicating directly with your soon-to-be ex-partner isn’t always advisable as it can impact and derail the process.

Talk to your lawyer about the extent of communication you should maintain. They’ll draw on their experience to guide you on whether to maintain a personal relationship. Your lawyer can explain the attorney-client relationship, so you’re on the same page about attorney-client privilege.

You can ask your lawyer for advice if you’re leaving a toxic marriage or having trouble communicating amicably with your spouse. They’ll suggest ways to diffuse conflict if you want to handle the divorce out of court.

How Will the Divorce Impact the Kids?

Every parent wants a divorce to go as smoothly as possible to lessen its impact on the children. Ask your lawyer about their opinion on sole custody and joint custody. While you may think that sole custody is the best solution, it may not be ideal for you. Your lawyer will weigh factors like your spouse’s parental fitness and your kids’ ages to determine the best arrangement for you and your children.

You can inquire about their opinion on child support. The right attorney can provide figures based on your kids’ needs and lifestyles. This can prevent drastic lifestyle changes for the children and improve their feelings about the divorce.

Who Will Handle the Case?

Ask this question if you’ve approached a law firm instead of an individual lawyer. Sometimes the lawyer you meet with may not be the one to take your case. Ask to meet with whoever will be handling your case to discuss your case briefly.

If your case is complicated, it may be assigned to a team of lawyers instead of an individual. This is the case when spouses can’t agree on divorce terms, when there are many assets to be divided, and when both parties want sole custody of their children. If this is your situation, ask to meet all the team members assigned to your case. Your future is in their hands, so you must get acquainted before moving forward.

How Will We Communicate?

Regular communication is key to getting the best possible outcome from a divorce process. Your attorney should offer updates, and you should reach them with your updates too.

Before hiring anyone, ask about your lawyer’s preferred mode of communication. They may prefer calls, face-to-face meetings, emails, or video calls. If you prefer face-to-face meetings and they prefer emails, they may not be the best fit for you.

You should be comfortable with your attorney’s mode of communication, frequency, and responsiveness. There’s too much riding on a divorce’s outcome to risk going into the process without covering all the necessary bases.

How Much Will the Divorce Cost?

Knowing the lawyer’s fees allows you to budget for your divorce. Ask your lawyer for a complete breakdown of their charges before hiring them

The right attorney will explain if they charge by the hour and whether they need a retainer fee. They can provide a general estimate of the overall cost to help you prepare better. Note that you may spend more or less depending on your case’s complexity and the time it takes for you and your spouse to reach an agreement.

It’s Time to Find the “Best Divorce Lawyer Near Me”

Googling “best divorce lawyer near me” will leave you with many potential options. You should schedule consultations and ask the right questions to find a perfect choice for your case. Ask about the best way to communicate with your spouse and how to minimize the divorce’s impact on the kids.

Confirm whether you’ll work with the lawyer you meet, as they may not always be in charge of your case. Don’t forget to ask for clarification on their ideal mode of communication and fees.

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What To Do If Injured on Vacation in Las Vegas

What to Do if You Were Injured While Vacationing in Las Vegas

Each year, tourists from all over the world take their dream vacation to Las Vegas. Although most people will have a fun and memorable trip that goes as planned, some vacations turn into nightmares when unfortunate circumstances lead to a serious injury. If you were injured during your Las Vegas vacation, you might be wondering whether you need a personal injury attorney and what you should do next. Follow these tips to protect yourself and be in the best position to receive compensation for your losses:

Seek Medical Treatment

If you’ve been injured, your first step is always to get the medical care that you need. Not only will this provide a diagnosis and get you started on a treatment plan, but a visit to the local ER will prove that your injuries came from the accident that happened while you were on vacation. Keep a record of what facilities you visited so you can collect your medical records later, and be sure to follow your treatment plan after you leave Las Vegas.

Preserve Evidence

During any personal injury incident in Las Vegas, evidence can quickly disappear, so it’s crucial to take steps to preserve it. Take pictures of the scene, both of details and the broad scene so that your attorney, the jury, and the judge can see the whole picture of what happened. If you are unable to take pictures, a friend or family member can take them for you. Err on the side of taking too many pictures rather than too few.

Gather Contact Information from Witnesses

Another key piece of evidence is witness testimony, who may also be on vacation and be leaving for home shortly, so it’s important to gather contact information while your witnesses are still in Las Vegas. Provide your contact information to the witnesses as well and ask them briefly about what they observed. You and your attorney can follow up later for more detailed statements or a deposition if you need to go to court. If applicable, you can also ask your hotel for a list of the guests and employees who were present at the time of your injury.

Complete an Incident Report

If you were hurt at a restaurant, theater, or other facility, there is likely an internal system to report an accident at that location. Talk with a manager or other official from the facility to file a formal incident report. This is an important step that requires some careful consideration. Stick with a brief explanation of what happened without giving too much information. Although it may be tempting to leave the scene right away, take the effort to file an incident report so that no one can argue that your injuries took place at a different place or time. Ask the business involved for copies of other evidence that may be available, such as video surveillance or guest lists. Paperwork and reports are crucial to the success of any personal injury case.

If your injuries took place at a business or facility, you or your Nevada Personal Injury Attorney  can draft a letter called a spoliation of evidence letter. This will require the facility to preserve crucial evidence related to the incident while giving you and your attorney time to prepare a formal claim, so you don’t need to worry about evidence being erased or destroyed. Although many business representatives may seem to be friendly and accommodating, don’t take their word for it; be skeptical and follow established legal procedures to protect your claim. A business will always want to minimize their damage, so take these important steps to preserve the evidence, regardless of what managers or business representatives may tell you.

Consult with an Experienced Local Attorney

You might be wondering if an attorney near your home can help you with a personal injury claim after an incident on vacation. But in most cases, you’ll need to work with an attorney who is local to Las Vegas because it’s likely that your recovery claim will need to be in Nevada. This means you’ll need to work with a personal injury attorney who is licensed in the state of Nevada. Additionally, in order for your case to have the best chances of success, you’ll want to work with a personal injury attorney who has a comprehensive understanding of Nevada personal injury law and has experience working with hotels, and other local businesses who may be responsible for your injuries. This expertise can give you an upper hand in any claims you make as you work toward recovery.

Let a Trusted Las Vegas Personal Injury Lawyer Help You Fight for Recovery

Recovering from an injury that happened on vacation can be challenging, but the legal experts at Benson & Bingham Accident Injury Lawyers LLC can build and present a strong personal injury claim on your behalf. Contact us today to speak directly with an attorney who can help you understand your legal rights and options, ensure that evidence is preserved, and hold the responsible parties liable. We will work closely with you to fight for the compensation you deserve after being injured in Las Vegas. Contact us to schedule your free, confidential 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.

What Constitutes a Legal Arrest in the US?

There is an arrest in the US every three seconds. The most common reasons are impaired driving, traffic offenses, petty theft, financial fraud or drug abuse. There were more than 7.63 million arrests for all offenses in 2020 alone. But the justice system has been repeatedly disapproved by Americans since they believe it is fundamentally rotten to the core. There are cases of overcriminalization with near-zero accountability for police.

For instance, natives of a liberal democracy can protest peacefully. The US Supreme Court only allows the government to stop demonstrations that present a danger. Yet forces have been used against the passive protestors, time and again, in the form of tear gas or canisters to disperse them. Also, none can be arrested and murdered as in the case of George Perry Floyd in 2020 where he was only ‘claimed’ to be awfully drunk and not in control of himself. He was wrongfully treated by the Minneapolis police which led to his death.

Responsible citizens now actively demand answers for unlawful invasions. This is especially vital for communities of color to avoid feeling confused and disoriented. Good knowledge of the local customs and legal system can help them stay better informed. Here’s a look.

What is Legal Arrest?

The estimated rate of arrest in the US in 2019 was 3,011 per 100,000 inhabitants. These are generally made with an arrest warrant that can deprive the suspected person of freedom of movement. A warrant is issued by the judge to take a perpetrator into custody. Reasonable belief of the police officer in the suspect’s guilt based on facts can be the foundation of the probable cause of arrest.

Exceptions to a Legal Arrest
A warrantless arrest can be legitimate in situations where the police believe that the person has either committed the crime or to prevent escape or preserve the evidence. Yet there are a few things that are ‘legally’ required for police to put on the handcuffs and conduct criminal proceedings in your name.

  • The officer must have observed the crime personally. They will then have the right to arrest the individual right there.
  • A strong suspicion that a crime is about to be committed or attempted without immediate evidence.

No one can be arrested if police approached in public and ask if the person will answer a few questions. For example, if a person is stopped on the road and asked if they saw the robbery that took place a few minutes back, no arrest is taking place here. They either choose to answer or leave in silence.

What To Do After a Legal Arrest?

Being arrested can be traumatizing. The key to getting through is to stay calm, protect your rights by refusing to discuss anything without a lawyer and follow other instructions of the police. Treat them with respect and hopefully expect the same. You can be booked and asked to cooperate for fingerprints, photographs and basic information. Check and sign on an inventory stating a list of belongings you had at the time of arrest and nothing more. As trials begin, charges against you can be dropped or changed after gathering more proof.

Once arrested, the arrestee is not free to move. Else it can involve the physical application of pressure and submission to the officer. Knowing these basics beforehand can help you save embarrassment and harassment. You can also come out of the criminal justice system in the form of ‘release’ without getting incriminated if you are truly innocent.

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.

Tips for Negotiating Commercial Leases

How to Negotiate a Commercial Lease Effectively?

Renting commercial property may be one of the most expensive business activities. So, it is important to know various aspects of commercial real estate for an astute negotiation. Here are some game-changing ideas to help you strike the best bargain, which will impact the bottom line of your business for years to come.

When negotiating a commercial leasing agreement, the odds are generally stacked against you. As the landlord is well-versed with the process, it becomes necessary to walk the slippery slope cautiously.

Signing a business lease is a significant milestone in the entrepreneurial journey. Its importance in corporate success cannot be overstated. The landlord will aim to maximize the earnings from his/her property and may incorporate certain crucial conditions. It is critical to note that practically every clause in the lease is negotiable.

What is a Commercial Lease?

A commercial lease is a legal agreement or contract that allows a company to rent a commercial property to conduct business from that location. The legally binding contract between the landlord and the business tenant is to use the property solely for commercial purposes, such as an office, warehouse, industrial complex, or other comparable facilities. The five types of business leases are:

  • Net lease
  • Double net lease
  • Triple net lease
  • Percentage lease
  • Gross rent lease

What Should a Commercial Lease Include?

Some key features of a business lease to look for are:

  • Rent amount
  • Insurance
  • Security deposit
  • Exterior Appearance
  • Maintenance and renovations
  • ADA compliance
  • Lease term/type
  • Subleasing
  • Exclusive use
  • Personal guarantee
  • Permissions

Any first-time entrepreneur should consider expert assistance and consult a lawyer with extensive contract law knowledge before signing any agreement.

Tips To Negotiate a Commercial Lease

Here are some helpful tips for negotiating a commercial lease that works best for your company.

Evaluate Your Space Requirement: Carefully determine your company’s current and future space requirements. Second, examine your budget, preferred location, and available amenities. If you are unsure about your company’s prospects, a short-term lease may be a wise option.

Do Your Homework: Try to learn everything you can about the commercial real estate market in your chosen location. The terms may be widely different in each state and region. Gather information regarding security, crowds, neighborhood, and other vital aspects of the property. Collect information on the prices of comparable properties as well. All this data will prove to be very useful when negotiating a fair contract.

Think of the Long-Term: If the property is suitable for your business and the landlord has a good reputation, you may consider long-term leasing. Tenants who sign long-term rentals have greater bargaining power at the negotiation table. Landlords do not like to negotiate with a new tenant every year and may offer some concessions in exchange for a longer-term contract.

Learn the Real Estate Terminology: Premium property in a desirable location offered at a reasonable rent can significantly propel your business. However, before signing an agreement, look for any hidden expenses. This will prevent you from being stumped later. These additional costs include real estate taxes, insurance, electricity, maintenance, and operation expenses. Check the contract for the amount of rentable space. You may be charged extra for the unused area. You can bargain to pay rent only for the usable space.

Review Termination Clause: Read the lease agreement carefully to understand the termination clause conditions. What if, for example, the building is completely sold out? What happens in the event you miss paying rent for a month? What if you wish to grow and need more space? Can you sublet the property if your business operations contract? You need to consider all possibilities when bargaining for an early termination clause.

Negotiate Leasehold Improvements: Before you occupy and begin using the space, you may need specific modifications to fit your business. Request for concessions if you plan to take on the expenses of any repair or remodeling of the space. This might include things like reimbursement for alterations costs in the form of a rental waiver for a month or two in the agreement.

A commercial lease is essential before beginning the operations of your business. The terms of the legal agreement establish the middle ground between the landlord and the tenant, and the penalties must be fulfilled if either of them breaches the contract. Commercial leasing is a complicated procedure that should be handled by a legal professional who can negotiate on your behalf and get you the best price and terms.

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.