Passenger In A Car Accident? 4 Steps You Should Take To Protect Your Rights

Posted by on Nov 7, 2016 in Uncategorized |

If the car you were riding in was involved in a car accident, you need to make sure that you protect your rights. Don’t be confused into believing that only the drivers in an accident are entitled to compensation. As a passenger, you have the right to seek compensation for your injuries, as well as payment for your medical expenses. Here are four steps you should take to ensure that you receive the compensation you’re entitled to. Visit the Emergency Room Immediately following the accident, your adrenaline may be preventing you from feeling the effects of injuries. That doesn’t mean you weren’t injured. Even if you feel fine, you should still visit the emergency room for an examination. Physicians who specialize in emergency medicine are trained to identify hidden injuries sustained in car accidents. Consult with an Attorney When you’re the passenger in a car accident, you may have questions regarding your rights. Make sure you consult with an attorney as soon as possible. Your attorney will make sure that you receive the treatment you’re entitled to. They’ll also negotiate with the insurance company so that you don’t have to. Insurance companies are in the business to save as much money as possible, which means they’re going to try and limit the compensation you receive. Unfortunately, you might not know how much your injuries are worth. Your attorney will know exactly what your injuries are worth, and will fight for you. Don’t Discuss the Case with Either Driver After the accident, the drivers of both vehicles may want to talk to you about the events leading up to the accident. You should avoid this. Your injury claim will depend on your honest answers regarding the events of the accident. Until the case is settled, make sure you only discuss the accident with your attorney – unless your attorney advices you otherwise. Keep a Journal When it comes time to negotiate a settlement, you might not remember all the events surrounding the accident, or your recovery. That’s where an accident journal comes in. Use an accident journal to document everything you remember about the accident, as well as everything you’ve experienced due to your injuries. Some of the things you should document in your journal include: Pain level Difficulties with daily activities Loss of employment/income Interference with family life If you’re the passenger in a car accident, make sure your rights to compensation are protected. The information provided here will help you get the compensation you’re entitled to. For other questions or concerns, be sure to speak to your auto accident...

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Answers To Your DUI Questions

Posted by on Oct 18, 2016 in Uncategorized |

Getting a DUI is stressful even if it is your first, since this is a criminal charge that can carry severe consequences. The days after your arrest are important since you will need to start planning for your defense at your approaching court date. The following can help answer some of your questions on what to expect during your first DUI. Will your license be suspended immediately? This depends upon the state. Some states suspend a license as soon as the charges are brought against you unless you file for a stay against the suspension. In this case, you may need to show the motor vehicle department that you need your license for work or vital personal reasons. Is a DUI a felony? The type of charge depends on the state and the conditions of your DUI. A first time offense is a felony in some states and a misdemeanor in others. In other states, your blood alcohol level may determine whether you are charged with a felony or misdemeanor. The circumstances around the arrest also impact the charges. For example, driving at excessive speeds or being involved in an accident may elevate the crime to felony status. Is there mandatory jail time? Some states have mandatory jail sentences, even for first time offenders. This can be for as little as 24 hours, and often the time served during the arrest counts toward this sentence. You may also be sentenced to additional time during sentencing. Community service or treatment may also be required in lieu of time served. Can you get a DUI for prescription medications? Yes, especially if you knowingly drove despite knowledge of the side effects. Being prescribed a medication doesn’t relieve you of the responsibility of not getting behind the wheel while impaired. If you were unaware that the medication could affect your driving and can prove that you were not told to avoid being behind the wheel, you may be able to defend yourself against the DUI. Should you enter a treatment program? Your attorney may recommend that you begin a treatment program immediately, before your court date. This can help show the court that you are being responsible and addressing any problems, which can help lower your sentence or aid in avoiding additional jail time. Entering treatment is not usually seen as an admission of guilt. For more help with addressing your DUI, contact a DUI defense attorney in your...

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How Your Medication Can Affect Your Ability to Collect Social-Security Disability Benefits

Posted by on Sep 28, 2016 in Uncategorized |

A disabled woman in Knoxville, Tennessee, is dealing with a frustrating situation common to those receiving social-security benefits: she has recently been told that her benefits will stop because her medical condition is now controlled by medication. While she feels that she’s in a somewhat impossible situation, since her disability benefits include the medical coverage she uses to obtain the medications, it’s important to understand the rules that social-security benefits follow in order to anticipate any similar problems with your own claim, whether you are just now filing or have been receiving benefits for a while. When Your Condition Is Controlled by Medication Simply having a medical condition that requires you to take medication doesn’t qualify you for social-security disability benefits—there are many people who are working full-time jobs despite their medical problems. For example, many of the 29.1 million diabetics in the U.S. are still able to work despite their condition.  Instead, the Social Security Administration evaluates your overall capacity to function and hold down a job despite your impairment and any medications you may take. If your medications are able to effectively control your medical condition, you won’t qualify for benefits. Similarly, if you began receiving benefits at a time when medications weren’t able to control your condition but new medication becomes available that does control it, your benefits will eventually be stopped once the SSA conducts a medical review of your case. (You can generally expect your case to have a medical review every three or seven years, depending on the severity of your condition and the likelihood that you’ll improve.) When You Don’t Take Medication That Could Control Your Condition The woman in Tennessee’s situation is understandably frustrating because she relies on Medicare, the medical benefit she’s entitled to as a result of being on social-security disability, to pay for her medication. Unfortunately, from the government’s perspective, that doesn’t mean she’s still entitled to disability benefits. Essentially, the government’s position is that she should return to the workforce and obtain health insurance through other means in order to afford her medication since the medication has restored her capacity to work. Similarly, you may have a hard time getting approved for benefits in the first place if you’ve never tried medication for your condition, aren’t taking medication that’s prescribed to you that could control your condition, or don’t have the money to pay for your medication. The SSA will sometimes find the inability to afford your medication compelling, but only if you can show that you’ve exhausted all the possibilities for financial and medical assistance available, including Medicaid and medical subsidy programs. When Your Medications Actually Contribute to Your Impairment In some cases, the medication  you...

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3 Ways You Can Avoid Paying Alimony Permanently

Posted by on Sep 9, 2016 in Uncategorized |

Not everyone ends up paying alimony after a divorce, but your chances of having to make payments to your ex increase if you were responsible for the majority of their financial support during your marriage. If you’re ordered to pay alimony, however, that doesn’t mean that you will make payments indefinitely. Many orders are only good until your ex gets on their feet financially. Furthermore, there are steps you can take to avoid paying alimony permanently. Following are a few ways you can avoid making payments for life. Lump Sum Payment If you owe alimony, you may be able to make a lump sum payment at the time of the divorce to avoid making any future payments. The lump sum payment is usually equal to what the court thinks you would pay over the course of an alimony agreement. However, there is room for negotiation. If both of you and the court agree with the settlement amount, you may be able to pay off your alimony debt as part of the divorce settlement. Rehabilitative Alimony Clause You can petition the court to make your alimony rehabilitative. What this means is that your payments will only continue for a set amount of time, usually enough time for your ex to go back to school, find a job, or otherwise improve their financial situation. In rehabilitative agreements, the payment end date is stipulated in the divorce decree. This type of alimony is not meant to be permanent support. It is merely a cushion or starting point for your ex to build their own financial future. Alimony Modification and Termination If you’re ordered to make traditional alimony payments, meaning there is no end date to your obligation, you can still shorten your obligation through a modification or termination. A modification or termination usually occurs when your ex has a change that affects their finances. For example, if your ex were to get remarried, they would benefit from the income of their new spouse, which would get you off the hook for alimony. Similarly, pay raises, promotions, inheritances, etc. are often grounds for modification or termination.  If you suspect that you will have to pay alimony, you can take steps to litigate your payment agreement during your divorce. If you have to pay, you can also take steps after the fact to shorten your obligation as well. More and more today, alimony is becoming a temporary arrangement rather than a permanent one. For more inforamtion about the process, contact a company like Law Office of Jared T....

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2 FAQs About Personal Injury Cases

Posted by on Aug 22, 2016 in Uncategorized |

If you were on the receiving end of an injury – one that is usually born out of recklessness or a lack of care, rather than any sort of malicious intent – you can often sue the party responsible under the category of a personal injury suit. However, you may not wish to go to court. You lawyer may advise you that settling out of court is a preferable experience. If you are thinking of settling out of court, you have doubtlessly have questions about the experience. Read on and discover a few commonly asked questions about settling out of court for a personal injury suit. Is There A Statute Of Limitations On A Personal Injury Case? For whatever reason, settling out of court maybe did not work well for you. Perhaps the potential plaintiff did not agree to pay the damages requested, or perhaps the plaintiff genuinely believes that he or she is innocent. Regardless, you should be aware that there is a time limit on how long you can sue the potential plaintiff from the time that the accident took place. However, determining how long the statute of limitations is depends on the state in which the accident took place. Consult with your attorney or ask the court directly about the statute of limitations that are in place for personal injury suits before you begin working on a settlement. What Should You Do After You Have Been Injured And Wish To File A Personal Injury Claim? It should be noted that if you wish to file a claim, do not wait around. Begin working on filing a claim as soon as you can. Make sure you take robust notes and write down descriptions of the accident while it is still fresh in your mind. If there is documentation of the accident, be it video or still photos, try to find these pieces of media. In the world of omnipresent mobile phones, it is becoming easier and easier to collect such documents. You must also notify individuals with whom you are filing the claim against. Finally, talk to people who may have witnessed the accident and see if these individuals will testify on your behalf. If you have suffered an injury due to an accident and someone is at fault, the person in question may be held liable for damages. Speak to a personal injury attorney (like those at Dunnigan & Messier P.C.) for more robust details regarding the...

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