Were you injured by slipping and falling at a business? You could receive compensation for the damages, even if the injury wasn’t very severe. Slip and fall lawsuits are designed to give you back the money that you lost due to an injury, which could be from lost wages, medical bills, and pain and suffering. The following are 4 things that you need to do if an injury happens to you.
Notify The Business Owner
Start by telling the owner of the business that you were injured immediately after it happened. You may not be able to reach the owner at the time, but be sure to speak with whoever is there that is in charge. This will be a store manager on most days. Keep in mind that this is only if the accident happened on private property owned by a company. If it was on publicly owned property, such as the sidewalk outside the building, you may need to contact a local city official about the accident.
Informing the business right away can get you started on the path to receiving compensation.
Take Photos
Documentation is crucial to winning your injury case. You’ll want to use your camera phone and start taking photos of the area where the accident took place. If you are unable to take photos at the time due to your injury, have a family member or friend go back to the scene of the accident and do it for you.
Take pictures of whatever caused the injury. It may be a pothole in a parking lot or a bad patch of ice outside the store. The picture will be the proof that shows someone was negligent, so make sure to get good photos that capture the location of where it happened.
Get Treated For The Injury
If your injury was not serious enough to seek out the help of a doctor, it may not be considered a serious enough injury for compensation. Always go to your doctor or the emergency room for immediate medical attention. Explain how the accident happened, and make sure to follow all treatments for the injury.
Hire A Lawyer
Now that all of those things have been taken care of, hire a lawyer to handle the case for you. It is the best way to ensure that you get fair compensation for your injuries and will have the experience of an attorney to deal with the insurance companies for you. For more information, contact local professionals like Powers Law.
Learn MoreWere you falsely accused of being responsible for drugs in your vehicle during a traffic stop? A drug charge can lead to numerous years behind bars, so it is wise for you to hire a good lawyer to build your defense. This article answers a few of the questions that you might have in regards to getting legal assistance for a drug charge.
How Will a Lawyer Prove a Passenger is Responsible?
In order to prove that your passenger is responsible for the drugs, an investigation will likely be done. For instance, your lawyer will do a criminal background check to find out if the other party has a drug history. The lawyer will determine if the other party sells or abuses drugs, as well as the type. He or she will likely speak to people that can give details about the other party’s character. Records will be obtained that shows any jail time that the other party has had as well that are related to drugs.
How Will Innocence Be Proven?
The lawyer will prove your innocence by investigating your background as he does for the other party. If you don’t have a history with drugs, proving your innocence will be easier for the lawyer to achieve. He or she will speak to people that you know such as family, friends, and your employer to ask them if they have ever seen you with drugs. If you were not arrested for selling drugs, the lawyer might want you to take a test to prove that you are not a user. If you have ever abused drugs in the past, the lawyer will want to know how long you have been clean.
Will Jail Time Be Necessary During the Trial?
There are a few things that will factor into whether or not you will have to stay in jail during the trial. For instance, if the judge does not think that you are at risk for hiding out and becoming a fugitive, you can get bailed out of jail. If you have an extensive criminal background, you might have to stay in jail during the trial, or pay a high bail amount. Sometimes house arrest is allowed until you are found not guilty or receive the final sentence. Get in touch with a lawyer as soon as you are ready to prove that your passenger put the drugs in your vehicle.
Learn MoreSocial Security Disability Insurance, or SSDI, can provide you with funds if you happen to be disabled. However, there are many reasons why people are denied access to the benefits of SSDI. Read on and discover just a few reasons why you might be denied SSDI. If you believe that you have been wrongfully denied SSDI, it is recommended that you consult with a local and trusted disability benefits lawyer.
Fraud
This is an obvious reason as to why you can be denied SSDI. If you obtain SSDI by committing fraud or by brazenly lying on any portion of your application, your SSDI benefits can be revoked. This is far from the worst thing that can happen to you, however. Fraud is a federal felony offense. The Social Security Administration, or SSA, will most likely prosecute you to the fullest extent of the law if they discover that you have been scamming them.
You Live Above Substantial Gainful Activity
Substantial gainful activity refers to the threshold of how much income you can make before SSDI terminates your benefits. It is recommended that you consult with the SSA regarding how much money you can make in a month before they will revoke your SSDI benefits. This amount tends to fluctuate per year. It should be noted that SGA refers to funds that are accrued through work. Any other funds that you receive, whether from other individuals or entities, does not count towards the SGA threshold.
You Are in Prison or Were Injured While Committing a Felony
Not all crimes can prevent you from reaping the benefits of SSDI. Only a few crime-related issues can impede you from actually receiving SSDI benefits. For example, if you were injured in prison and continue to be in prison, you cannot receive the benefits of SSDI. You can, however, receive these benefits after your release, regardless of whether or not your injury was received while you were serving a sentence. If you are currently serving a prison sentence for any felony, then you cannot receive SSDI benefits. Finally, if you were somehow injured while committing a felony and were subsequently convicted of that felony, you cannot receive SSDI benefits.
You Have a Very Short-Term Disability
If the SSA believes that your disability will last less than a full year, or twelve months, they can deny your application to receive SSDI unless your disability will result in eventual death or has caused temporary blindness. Sometimes, the SSA will retroactively grant you disability funds. For example, if they believed a disability would last far less than a year but the issue persisted, they can award you funds for the time you lost due to an application denial.
For more information, talk to a disability-benefits lawyer such as Krueger C Roland Atty At Law.
Learn MoreIf you’ve been harmed by another individual, you may want to take legal action against this person. Being injured can cause you to face unwanted medical bills and lost wages due to time missed at work. The key to being able to recover these losses may only occur if you file a lawsuit against the other individual. Getting some of your questions answered about a personal injury case may prove helpful to you.
Question #1: What is the statute of limitations?
One of the first things you will want to consider is the amount of time that’s passed since you were injured. It’s ideal to take legal action as quickly as possible after you’ve been hurt.
This is because there is a statute of limitations that could affect your ability to do so. This is when a certain amount of time has passed, and you no longer have the legal right to file a lawsuit within your jurisdiction.
Question #2: What is your case worth?
Of course, you will want to get the most money possible, and your attorney may be capable of looking at your case and estimating what you should ask for in the complaint.
Listed below are some of the losses that are typically recovered:
1. A number of your medical bills should be requested.
2. Anytime from work that was lost due to the injury.
3. All of the medical costs that were the result of your injury.
Question #3: When do you prove your case?
The time to bring the evidence for your case is during the discovery stage. This will enable you to enter any information you have that shows that you are justified to recover your losses.
Listed below are the steps of the discovery process:
1. Written interrogatories – This is a series of questions that must be answered in detail.
2. Deposition – You may be required to meet with the opposing party’s attorney to answer questions about the case.
3. Request for admission statements – It’s necessary to either admit or deny certain statements.
4. Request for production documents – This is the time to enter your medical bills or other statements that show your losses.
Taking the time to meet with your attorney and getting the answers to your questions is ideal when it comes to filing a lawsuit. Be sure to schedule an appointment with a lawyer from a law firm like Baudler, Maus, Forman, Kritzer & Wagner, LLP to begin this legal process.
Learn MoreIf you’ve suffered a debilitating injury that’s going to prevent you from working, you’re going to need a way to provide for your own needs. Social Security benefits are designed to provide a monthly cash payment when injuries or disabilities prevent you from working for an extended period of time. Unfortunately, studies show that only about 30-35% of all Social Security applications are approved on the first attempt. Here are three steps you can take that will improve your chances of having your application approved on your first attempt.
Be Open with Your Doctor
When it comes to applying for Social Security disability benefits, your doctor can be your strongest ally. That’s why it’s so important that you be open and honest with them at all times. This includes sharing all aspects of your disability with your doctor, including how it’s affecting your day-to-day life.
For instance, if your disability is interfering with your ability to properly care for you or your family, you should share this information with your doctor. Being open and honest will help when it comes time for the doctor to make his recommendation regarding your need for Social Security benefits.
Submit Copies of All Your Medical Records
Before you apply for Social Security benefits, be sure to obtain copies of all your medical records, including all test results. Once you have obtained copies of all your medical records, send them in with your application for benefits. By providing copies of your medical records, you’ll give the Social Security Administration the opportunity to go over your records before they receive the official copies from your doctors.
Be Sure to Make Follow-Up Calls
After you’ve submitted your initial paperwork, don’t wait for the Social Security Administration to contact you. Instead, make follow-up calls. The first follow-up call should be about two weeks after you’ve mailed in your initial application packet. This will give them enough time to receive the packet and enter it into the system. After the initial follow-up call, make weekly calls to track their progress. Making regular phone calls will allow you to receive earlier notification if there’s a problem with your application.
If your disability is going to prevent you from working for an extended period of time, you need to apply for Social Security benefits. The information provided here will help you get approved for benefits the first time you apply. If you have questions or concerns, be sure to speak to professionals like Cook, Glen.
Learn MorePrivate disability insurance is the insurance your employer offers you when you start a new job. There may be a short or very long waiting period before the insurance takes effect, and during that initial enrollment period you may have small amounts deducted from your checks to cover the monthly premiums. Short-term disability may cover you for up to two years while you are unable to work, while long-term disability may cover you until retirement. However, before you get excited about having long-term disability coverage, you should understand some things about what this type of insurance policy does not cover and whether or not it is a good value for you.
Long-Term Private Disability Insurance Does Not Cover Pre-Existing Conditions
If you are already using a wheelchair to get around, you have a brain tumor, or some other pre-existing condition that could impact your work later on, private disability insurance does not cover these. In some instances, some private disability insurance companies ask for access to your pre-employment physical before signing you up for their policies. This is to fact-check your doctor’s statements of your personal health against company records and screen out pre-existing conditions so that employees cannot place claims against their policies in the future for these conditions. While this type of insurance does not cover your current physical challenges, it can and does cover any future issues you may have.
Long-Term Disability Insurance Can Help Pay Bills Until You Receive Federal Disability Benefits
Long-term disability insurance from your employer is very different from disability benefits provided by the Social Security Administration. However, if you find that you need your private disability insurance benefits and you file a claim for long-term benefits with your private insurance provider through your employer, these benefits can help pay some of your bills until you have applied for disability benefits with Social Security. Benefits with Social Security can take several months to go into effect, and they are not always guaranteed, but if you have private disability insurance you will at least have some coverage and some money for as long as you need it.
Long-Term Disability Insurance Only Pays out at Sixty to Seventy Percent
The one down side to private long-term disability insurance is that it only pays out between sixty and seventy percent of your gross wages for the year prior to your injuries. Hiring a lawyer will not get you more money if the insurance contract is clear in its limitations and restrictions. However, this amount is still better than nothing at all. If you want to be sure you are getting a decent value from your private disability insurance, have a lawyer (like one from Iler and Iler) who is well-versed in this area take a look at the insurance contracts before you sign.
Learn MoreNo matter how old or new your estate plans are, it’s important to remember that your will or trust is a flexible document, even as it stands for a secure future for your loved ones. Expect to update or change your official estate plans as family members are born and others pass on, when assets change significantly, or when there are other circumstances that require special provisions.
There are two important moments when you should definitely consult your estate planning attorney to go over your wills and trusts and make necessary changes:
When laws are updated
In early 2016 New Jersey was the latest state to enact provisions of the Uniform Trust Code (UTC), which details how wills and trusts should be handled, managed and settled by the courts and other parties. Promoted by the Uniform Law Commission, the UTC is a way to standardize estate law so that all state courts govern wills and trusts in the same or similar manner. (You can read the full text of the New Jersey version of the law here.)
Over 28 states have enacted some of the provisions in the UTC. In the case of the New Jersey code, the laws are retroactive and cover any and all existing wills. If you had a competent attorney draw up your will, you should already be covered and meet the requirements of your particular state’s laws. But if you live in New Jersey, or in any state that has enacted the code after your will was filed, it’s a smart call to have your estate attorney go over your documents to be sure everything is compliant with your state’s latest trust rules.
When special needs arise
Life throws us curve balls all the time. Accidents, disease or sudden illness may render a formerly active family member unable to properly care for their own needs. Whether you must see to their financial, medical or educational support after your death, there are special considerations–especially if your family member will need to rely on Medicaid or other public assistance in the years to come.
Many public assistance programs do not allow recipients to have much in the way of assets. A special needs trust will allow for extra subsistence and support, but only if the funds are structured in such a way that they are not given directly to the person with the disability. It’s important to have an experienced estate planner handle a special needs trust to ensure it won’t impair any future ability to receive health care or other services.
Even if you already have such a special needs trust, as a child with a disability grows to adulthood, they may be more or less capable of self-support than was believed when you first established the trust. You will want to review and change a special needs trust if you find that your child will need additional support in the future.
There are many DIY estate planning tools on the market, but be aware that the wrong wording in a will or trust can significantly alter who gets your assets and how they are taxed after your death. You must also make certain that all of your beneficiaries line up on your paperwork, so that you aren’t bequeathing your savings account to one person on your signed bank forms and giving the same account to a different beneficiary in your will or last testament. This sort of confusion can also be eliminated by having a professional go over all of your policies and accounts to make sure everything is in sync.
To learn more, contact a law firm like Donald B Linsky & Associate Pa
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