Bankruptcy Exemptions

Posted by on Dec 18, 2012 in Bankruptcy Law, Business Law | 0 comments

For individuals with overwhelming debt and financial pressures, bankruptcy protection is often one of the only available options for obtaining financial relief and getting back onto the path of financial solvency. However, bankruptcy has deeply negative connotations for many individuals. Most assume that, by filing for bankruptcy, they may lose everything that they’ve spent their lives working for, and that they’ll never be able to recover what they’ve lost. This is actually not the case however.

In reality, there are many different ways for debtors filing for bankruptcy to keep many of their most important belongings, making bankruptcy much less disruptive than many people believe it to be. One of the easiest ways to do this is through the use of various exemptions written into the bankruptcy code to help make it possible for those who pursue this type of legal protection to keep their lives intact.

Common Bankruptcy Exemptions

There are a number of different bankruptcy exemptions which an individual may pursue. However, a few stand out as being particularly common. These include the following:

* Homestead exemption – this allows homeowners to exempt a certain amount of equity in their homes from bankruptcy proceedings.
* Vehicle exemption – this allows vehicle owners to exempt a certain amount of equity in their vehicles.
* Wilcard exemption – this allows debtors to exempt a certain amount of any type of property they wish to keep.
* Pension exemption – this allows debtors to exempt most of their retirement savings from bankruptcy.

These are just some of the many different exemptions that debtors may be able to seek under bankruptcy proceedings. However, there are a number of other exemptions, which vary from state to state, that a debtor can use to protect certain property and assets during bankruptcy. Talk to a contract lawyer to learn more about what you can do to protect your property in bankruptcy.

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What Is Comparative Negligence?

Posted by on Dec 4, 2012 in Society | 0 comments

One common misconception amongst accident victims is that they can only take legal action and recover financial compensation if they were 100 percent not at fault in the accident. Not every case has one person who is completely at fault for the accident. In fact, there are many cases where both parties share some of the blame. Fortunately, accident victims who were partially at fault still have a chance to take legal action in many states.

State law decides who can and who cant take legal action following an accident. Many people involved in an accident may also have been at fault and if they arent aware of the law, they may not pursue legal action.

Different Types of Comparative Negligence

Comparative negligence is when a judge assigns a percentage of the blame to different individuals involved in the accident. After assigning a percentage of blame, the victim can then sue for that amount of damages. There a number of different types of comparative negligence used across the country depending on what state you live in. They include the following:

* Pure comparative negligence This is the most basic form of comparative negligence and is currently in 13 states. In this system, you can still recover damages even if you were 99 percent at fault for the accident.
* Modified comparative fault (50 percent rule) Currently the law in 12 states and is where a victim can only recover damages if he or she was less than 50 percent at fault.
* Modified comparative fault (51 percent rule) This is present in 21 states and gives victims the ability to take legal action as long as they are less than 51 percent responsible for the accident.

If you were found to be 40 percent responsible for an accident and were awarded 1,000 in damages, you could only recover 60 percent of it, or 600. For more information about your case, contact a Wisconsin personal injury lawyer today.

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Facts Everyone Should Know About Medical Malpractice Cases

Posted by on Nov 20, 2012 in Law, Medical Malpractice, Personal Injury Law | 0 comments

Mistakes are a part of human nature and happen in every profession imaginable. Unfortunately, when a doctor or medical professional makes a mistake, it could end in a devastating injury or even death. The Institute of Medicine reports that nearly 98,000 people die every year from a medical error. Medical professionals spend years going to school and in training before they can be a licensed doctor or nurse. Unfortunately, this does not eliminate the risk of a medical mistake.

According to Spiros Law, P.C., even the smallest error can have a devastating impact on ones life. If you have been the victim of a medical error, you may want to consider taking legal action against the medical professional by filing a medical malpractice lawsuit to hold the negligent physician responsible.

Basic Points to Know about Your Medical Malpractice Case

By knowing a few basic facts about medical malpractice cases, you can increase your chance of recovering financial compensation. Some important points you should know about medical malpractice cases includes:

  • * The statute of limitations applies to medical malpractice cases. In the state of New Jersey, injured victims have two years from the date of the injury to take action before he or she becomes ineligible.
  • * You must have experts to testify in your favor. If you want to have success in a medical malpractice case, you must have a medical expert to testify on your behalf and provide relevant and important information about your case.
  • * Medical malpractice claims can be very difficult so make sure you are prepared and have a legal professional on your side.
  • * There are no limits or caps on the amount of damages you can recover in your medical malpractice case to cover medical bills and other costs associated with your injury.

To learn more about your legal options and how you can fight to recover compensation, contact a medical malpractice lawyer today.

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Driver Fatigue Accidents

Posted by on Nov 13, 2012 in Law | 0 comments

One of the risks that drivers face when choosing to go on long car trips is fatigue. Many people rely on things like caffeinated beverages and loud music to help them stay awake while on road, when such makeshift methods will not actually prevent them from falling asleep and causing a dangerous car accident. Although most drivers are acutely aware that falling asleep while driving can have devastating consequences, many opt to do so anyways. Automotive accidents can cause severe injuries and significant property damage, especially when the collision happens unexpectedly at full speed. Victims of driver fatigue accidents have a high risk of enduring incredible physical trauma, forcing them to manage their recovery while paying for expensive medical treatments and car repair bills.

Hazards of Driver Fatigue

While drivers can become drowsy for a number of different reasons, not one of those reasons is excuses them from negligently driving while impaired. It is important to note that every driver can make the choice to drive when the awareness and capability is not in some way compromised. Several ways that driver fatigue can affect someones ability to operate their motor vehicle safely are as follows:

Falling asleep while driving
Reduced awareness
Impaired reaction time and ability to guess distances
Blurry vision
Alleged microsleep, or being unaware of losing consciousness

Tired drivers have a responsibility be mindful of other drivers safety and pull over when too fatigued to drive safely. When they fail to do so, innocent motorists are put at risk of accidents that should have been avoidable.

Legal Options

If you were injured in an accident caused by driver fatigue, you may be able to hold the negligent motorist liable for their reckless driving behavior. If you are considering taking legal action, it may be in your best interest to contact an experienced Houston accident lawyer who can help you pursue the financial compensation that you may deserve.

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Auto Defects And Your Safety

Posted by on Nov 6, 2012 in Interest | 0 comments

Millions of people in the United States depend on their vehicles on a daily basis, to convey them to and from work or school, or to take them on errands that they need to run. While many vehicles are safe and completely reliable, some, sadly, are released to consumers with dangerous defects that could put drivers and others at risk for being involved in a car accident. Vehicle defects are responsible for thousands of injuries and fatalities annually across the country, and negligent manufacturers who created these vehicles and are responsible for their defects should have to answer for their actions.

Cars and trucks are extremely complex pieces of machinery, and even a small mistake during the design or construction phase of making a vehicle could cause a serious vehicle defect. While a minor mistake might not seem like a big deal at the time, if it leads to a vehicle not working properly, this could significantly increase the risk of a person being involved in an accident, and sustaining injuries.

Common Defects

A vehicle might be defective in a lot of ways, but typically, defects affect only one or two aspects of a vehicle. Unfortunately, these aspects are often huge safety features. Several common vehicle defects involve:

* Brake problems
* Steering problems
* Tire blow outs
* Seat belt defects
* Child safety seats

As you can see, any defect in the above areas may increase the risk for injury in the event of a car accident, and might even cause the car accident to happen.

No one should have to face the effects of a vehicle defect without some kind of help. Treating injuries caused by car accidents can be expensive, but if a vehicle defect has caused your accident, you might be eligible for financial compensation. Contact some experienced Rhinelander car accident lawyers today to discuss how you might pursue this compensation.

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When To Go To Divorce Court

Posted by on Oct 30, 2012 in Divorce Law | 0 comments

For most people who are going through divorce, going to court is something that one would prefer to avoid, if at all possible. There are many ways to settle a divorce without having to go to court, including having what is known as a simple divorce if you do not have children, or by hiring a divorce mediator. Unfortunately, there may be situations where going to court is unavoidable. When this is the case, it is important to have a reliable lawyer on your side.

When Going to Court is Necessary

Many different situations can mean that court is the best or only option, including:

  • Your spouse has hired an aggressive attorney Usually when one spouse hires an attorney who is known for being aggressive in divorce cases, negotiation becomes impossible. If your spouse has hired a combative attorney, going to court may be the best way to protect your interests.
  • You have discovered hidden assets held by your spouse Sometimes a person’s spouse will attempt to hide assets during a divorce in order to hold on to those assets fully. However, this is unacceptable and should be brought to light in a divorce court.
  • Your spouse has ended all communication Some spouses attempt to cut off communication. In these cases, a court order may be the only way to settle the terms of the divorce.
  • You have a bully for a spouse If your spouse has established a pattern during your marriage of bullying and coercing you in order to get his or her way, it may be difficult to have a fair negotiation of terms without the help of a skilled attorney in front of a court of law.

If you have decided to file for divorce, you need a strong and experienced attorney on your side to protect your rights and interests. Contact a skilled divorce lawyer today to learn more.

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Partition Actions

Posted by on Oct 28, 2012 in Law | 0 comments

Each instance of a couple filing for divorce will be different from any other. The proceedings will depend on a number of variable factors, such as the presence of any children, the length of the marriage, and each persons financial situation. With that in mind, issues that frequently arise during many divorces, like alimony and child-support, are not always necessary to take into account. However, each and every divorce will have some factors in common. One such factor is the equitable, although not necessarily equal, division of the shared assets that constitute the marital property. The difference between the two can be described as an equal, or 50/50, division of property versus one that is fair, or takes into account the financial needs of each spouse.

Details of Dividing Property

Couples who have made the decision to file for divorce may choose to divide their jointly owned assets among themselves, either independently and on their own or through a mediator. Such decisions are not always easy for two divorcing individuals to make. In such a situation they have to option of going to court, in which case the presiding judge will decide how their property is divided. Following are some of the factors that will influence a judges decision:

Current financial situation of each spouse
How each spouse has contributed financially to the marriage
Basic needs, such as education, lifestyle, and health, of each spouse and their children
Arrangements made for child custody
If the couples assets were affected by any misconduct during the marriage

Partition actions may be filed in the event that a couple cannot reach an agreement concerning the division of an asset such a business or other property. Such issues can be difficult to resolve, especially if they arise after a divorce settlement has already been completed. A partition action lawsuit may be filed by one of the owners if they decide to make a significant change, such as selling the asset.

Legal Options

If child custody issues are making the division of marital assets difficult for you and your former spouse during divorce proceedings, you should contact an child custody lawyer who can help facilitate the process for an efficient and equitable resolution.

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