Articles by Lucas

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BENEFITS OF RESOLVING DISPUTES OUT OF COURT

So you are thinking about filing a case! Perhaps, you wish to seek a refund from a person or company. It is also likely that someone has filed a baseless case against you. No matter the reason, getting quick legal help is always advisable. However, before filing a suit, you should always consider whether it is possible to resolve the case out of court. More and more individuals are exploring other ways (called as alternative dispute resolution or ADR) to resolve their legal matters without a case. There are many benefits of using ADR to settle your matter.

Saves time

Legal hearings can take a lot of time before the case comes up in front of the judge. You may have to stay contended with a series of hearing dates till the case opens up before the judge for arguments and hearings. You can avoid such a scene and save plenty of time by settling the dispute through ADR. In ADR, it takes a lot less time to work out and draft an agreement that is acceptable to both the parties of the dispute.

Saves money

When you file a suit, you are required to bear concurrent expenses in the form of legal expenses, fees for expert witnesses, your lawyer’s fees and other expenses. All these expenses can dent your wallet substantially. However, you are able to save all sorts of expenses by opting for ADR. Additionally, since the dispute is resolved sooner, you don’t have to take off from your work that may cost you dearly.

Give better control over the case and outcome

When you go through legal hearings, you don’t have much control over the case and its outcome. The judgment is delivered by the judge/jury in view of evidence and witnesses. It is likely that the judgment may go against your favor. However, the situation is different when you settle disputes through ADR. In ADR, you get a chance to actively participate in working out a solution that is favorable to you. Also, you could create solutions that are beyond legal provisions and powers of the court

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TIPS FOR HIRING A CAR ACCIDENT LAWYER

Even though you may drive carefully, there are still careless drivers on the road. If for some reason, you get injured in an accident that is not your fault, you should consider getting help from a professional personal injury attorney and get the kind of compensation that you are entitled to.
After a car accident, a lot of consequences follow. First of all, you may have to suffer from minor to serious injuries. If the injuries are minor, the treatment and recovery process will be quick. However, if the injuries are serious, you may have to go through on-going treatment that will cost you an arm and a leg. Many people don’t have a big savings account, and when an accident strikes them out of the blue, they find themselves in financial hardship. In addition to that, many people have to suffer from emotional trauma as a result of the horrific experience they have to go through. To get compensated for all the sufferings, lost wages and emotional trauma you have to go through, you need to pursue the case in court with the help of a professional personal injury attorney.

Without a legal representation, it is almost impossible to seek proper compensation for your suffering. A capable lawyer will help evaluate your case, give you valuable advice on how to seek proper compensation. Without your lawyer’s consent, you should not sign over any document provided by the other party. Doing so may invalidate your ability to file a claim later on. Seeking advice from a lawyer is recommended whenever there is legal proceedings involved.

If you don’ already have a personal injury attorney to count on, it is time to start searching for one. You may use the Internet or ask your friends and colleagues for referrals. Many people successfully find great lawyers through referrals and words of mouth. However, to be on the safe side, you have to double-check each lawyer carefully before deciding to hire him. With just a little time and effort invested, you will be able to find a capable and suitable car accident lawyer to represent you in court.

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GOOD SAMARITAN LAWS

GOOD SAMARITAN LAWSCan you imagine a situation where you are laying on the ground, perhaps hurt by another person or experiencing some sort of medical emergency, with no one around to help? That scenario is enough to scare most people into seeking out their local attorney in Woodland Hills. Now imagine that there are many others around you. It should give you a level of comfort, right? That hope would quickly turn to frustration and desperation if none of those people came to your aid for fear that you would sue them if they were to have a misstep in how they handled the situation! It would be a terrible place to be in, for sure, and helped to spawn laws that would limit the liability of passersby, namely the Good Samaritan Laws.

WHAT IS A GOOD SAMARITAN LAW?
These laws are named after the parable in the bible found in Luke 10:25-37 where a stranger aiding another traveler was lauded for his actions. In general, Good Samaritan laws are intended to give protection from prosecution to someone helping a stranger. Initially, the laws were meant to indemnify medical personnel giving medical assistance in a situation. Many of these laws grew from there. Typically, they protect the caregiver from ‘reasonable’ mistakes; if gross negligence in care occurs, the law could be void. It is also difficult to define ‘reasonable’ as the term is subjective to who is viewing the mistake. Additionally, the laws only give protection if the person volunteered the help and did not receive money for their acts.

WHAT LAWS EXIST?
According to a Atlanta asbestos attorney, all states have some form of Good Samaritan laws, although they vary from state to state. Some states still only protect medical personnel and have plenty of working wrongful death attorneys. more severely. They can also take both sides of the issue with some states (Minnesota and Vermont, for example) requiring bystanders to assist and subject to prosecution if they do not help in a situation; Michigan gives protection to bystanders who do not help. Most states, however, give immunity if a person chooses to help, but do not require people to assist.

Some states protect strangers who are not trained medically if they performed CPR or controlled bleeding, but little else. There are also distinctions between ‘medical care’ and ‘emergency care’ in a given situation, the nuances of which may not be completely obvious to a layperson. If you are an off-duty medical personnel, the laws are often different than for regular citizens in terms of your liability, with some states requiring medical personnel to intervene if in the vicinity.

Recently, many states (approximately 24) have widened their laws to include assistance during an overdose episode. There are injections and nasal sprays that can be given to a victim experiencing an overdose without any medical training by the witness.

Remember, calling 911 for professional outside help is always a good and safe first step. Despite whether or not you would be held liable for medical mistakes, each individual would need to gauge the situation for him/herself to determine the urgency of medical aid needed before personnel arrive. Even if your state’s Good Samaritan law does not give full protection, it does not mean that any mistake would put you automatically at fault, either. For more information call Flynn Firm’s Office.

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LUNCH BREAKS

Our modern culture certainly has a mindset that being busier is better. From the amount homework given children to balancing student athletics to the working professional, no one seems to think that they have time to accomplish what they want to do in a given day. We are just fitting in the basics…but sometimes not even that! Lunch hour, what used to be an anticipated staple among workers, is sometimes not even taken. According to a survey conducted by Right Management, a HR consulting firm, 65% of workers eat at their desks or not at all during the work day.

WHAT DOES THE LAW REQUIRE?
lunch breaksFederal law does not actually require employees to be given lunch or rest breaks. Less than half of the states do require that employees receive at least 30-minute lunch breaks if you work more than 5 hours at a time. Employers are not forced to let employees leave the work premises during lunch breaks, but the break is defined as a time when one is completely freed from work duties during the stated time. The requirements for lunch breaks are sometimes different for minors working. Your State Labor Office contains information specific for your state. The Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) also offer guidance on employee rights’ rules.

There is a liability placed upon employers if the lunch break is not taken by employees, as well, as seen in the Murphy v. Kenneth Cole case heard at the California Supreme Court. For instance, if an employee works through the lunch break, even without permission from the employer, s/he must be paid. In addition, if an employee refused to take breaks, the employer can also be held liable. However, employees that refuse to take breaks can be disciplined by the employer.

YOUR RIGHTS IF YOUR EMPLOYER DOES NOT GIVE BREAKS
If your employer refuses to grant you a break for lunch, you can request pay for an additional hour of pay for every time the lunch break was not given to you. If your employer retaliates against you by treating you unfairly or firing you after you request a lunch break, the law protects you. There are books that can help guide you through the process of action to take if you are not receiving your rights (Your Rights in the Workplace: An Employee’s Guide to Fair Treatment, by Barbara Repa, J.D., is one source) or labor lawyers that can also be consulted.

OTHER BENEFITS
While it may be easy for an employer to think that any minutes not working equate to less profit for the company, this is actually not seen to be the case. Eating away from your desk leads to eating healthier meals, less calories throughout the day, and less snacks compared to eating and working at your desk. Dining with other employees can provide collaboration opportunities as well as rejuvenate you mentally. Another study in the Academy of Management Journal found more burn out and less productivity in employees who worked through lunch. In general, morale is higher when lunch breaks are taken, which benefits both the employee and employer.

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WHAT TO DO IF MY DOG BITES SOMEONE

“I never thought my dog would do that!” is the quote oft heard by dog owners…after they have bitten someone. And it’s true – no one would think that their beloved Sparky would be capable of turning on a neighbor or friend. However, CDC researchers found that 4.5 million Americans were bit by dogs per year between 2001 and 2003. Criminal Lawyer Frank Fernandez suggests to keep adequate control of your dog indoors and have your dog leashed outdoors, unfortunate accidents can happen to the best of us. If your dog does bite someone, the following is a quick primer on how to handle the situation and your liability.

WHAT DOES THE LAW SAY?
In each state, laws are either One Bite or Strict Liability laws. The One Bite laws operate by the principle that a dog owner would only be held accountable for a dog biting if s/he had reason to think the dog would bite someone. This knowledge could include past biting incidents, whether the dog breed is a dangerous one, general character of the dog, or recent stressful events in the dog’s life. In litigation, the plaintiff would have to provide evidence that the dog owner should have known the dog was prone to biting and that the dog owner did not take measures that would have stopped the incident.

60% of states hold strict liability laws which are defined by the dog owner being held liable if the bite occurs at all, whether or not anything could have been done to prevent it or if there was prior knowledge as to the tendency to bite. The law does typically have provisions that the person attacked was legally allowed to be in the location s/he was at the time of the bite and that s/he did not provoke the dog.

WHAT TO DO?
If your dog bites someone or another animal, first help to make sure the person bit is all right or offer to get help, if further care is needed. Even if nothing is needed right away, encourage the victim to receive medical attention. Although some bites could be superficial and amount to not much more than a scratch, other bites can lead to infections if not properly treated. In addition, it is in your and your pets’ best interest to maintain veterinarian and vaccination records. These will help to avoid unnecessary treatment for the victim and unnecessary testing on your dog.

It is also in your best interest to call the local police to file a police report. Although you are the one held liable for the incident, police reports can help to accurately describe the facts of the case, especially if the details would morph in memories later on. In addition, give your detailed information to the victim. Similar to car accidents, do not attempt a hit and run – you are the liable party and it is the right thing to do.

Offer to pay for any medical care that would arise. There are insurance policies (often under homeowners insurance) that cover dog bite claims. Whether or not you decide to file an insurance claim, contact your insurance agent promptly after the incident. This avoids being forced to pay out of pocket if there are any time limitations on making a claim with the insurance company.

Although this is a scenario no one would want to have happen, it is best to be informed as to the laws in your state as well as a plan of action should an incident occur.

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PROPERTY TAXES

“I am proud to be paying taxes in the United States. The only thing is – I could be just as proud for half the money.” — Arthur Godfrey, entertainer

There likely isn’t a soul alive that who wouldn’t be happy with paying less in taxes. While politics can debate the use of the money and whether or not it is justified, the fact that taxes are more often than not increasing is rarely disputed.

The National Taxpayers UnionFor home owners, there is a chance you may be paying too much in property taxes. The National Taxpayers Union says that 60% of homes are overvalued and are taxed as such. If you appeal, there is a high chance you can gain a partial deduction.

ADVICE TO APPEAL
Some of the basic steps and advice in the appealing process are listed below:
• Be expedient! There are often time limitations to get appeal application delivered to local government.
• If you are planning to file the appeal yourself, keep in mind that the instructions need to be followed precisely. If they are not, the legality of the appeal is in question and the appeal will not be considered.
• Find out what the evaluation of your property is based on and request these documents.
• Look for any errors in the description of the house. This is by far the easiest way to win your appeal. Look at number of bedrooms, square footage, or additions to the home.
• Look for errors in other houses that your house is compared to. For example, if your house has 3 bedrooms, but the comparable recently sold housing data listed is for 4 bedrooms, it may be enough to convince the tax assessor’s office.
• If you have recently purchased the home, check to make sure that the value listed on the property is not more than your purchase price. The argument that your lower purchase price is, in fact, the actual market value, rather than the estimated market value on the tax documents, is a strong case for decreasing the tax bill.
• If the assessor comes to do the assessment again, walk through with him/her. You want to help them see the negative aspects of your house and your neighborhood and these aren’t always obvious to someone assessing value.

Without appealing, there are sometimes programs within your state or county that offer tax breaks; these are often based on age or income. These are definitely worth looking into, however, as savings can be substantial. Together, George Washington University Institute of Public Policy and the Lincoln Institute of Land Policy maintain a database listing the tax breaks your state is offering (http://datatoolkits.lincolninst.edu/subcenters/significant-features-property-tax/Report_Residential_Property_Tax_Relief_Programs.aspx).

PROFESSIONAL HELP
There are many tax consultants and tax attorneys that can be found through online searches. Be sure to find one who has good reviews and is credible. Often, it tax appeal lawyers will work on a contingency, meaning they are not paid unless you win your case. Their fee will be a percentage of the reduction.

So, while we all want to pay our fair share with taxes, no one wants to pay more than necessary. Know that a tax bill is a changeable document and understanding how the figures were arrived at can help to reduce it.

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WILLS

The fear of dying, thanatophobia or necrophobia, is ranked number 6 according to the Self Help Collective. While most people are not looking forward to their own deaths, most of us should not be paralyzed with fear in preparing for it. Based on our track-record, however, it would seem something is holding us back from facing Willthe practical steps that should be taken. A 2015 Rocket Lawyer survey (conducted by Harris Poll) showed that 64% of Americans do not have a will, with 15% saying that they do not need one at all. Even if you are not a billionaire with many assets, preparing a will can help avoid confusion upon your death.

DO I NEED A WILL?

A will helps to give voice to your wishes and instructions about what should happen to property after your death. A will allows you to name an executor(s) for your estate. This can help to give you peace of mind and alleviate some of the fear of death knowing that your loved ones would be taken care of the way that you would want them to be taken care of. It can also avoid fighting between loved ones as to who is in charge or who would receive which asset. Make sure you get an identity theft lawyer for your case.

For parents, having the voice to name guardians for your children is another extremely important reason to create a will.

Different from what happens to your estate or your children is what happens to you. Living wills are medical directives sharing the type of medical care you would wish to receive if you are unable to communicate that for yourself. Similarly, adults can appoint someone to be their healthcare power of attorney, or the person who would make healthcare decisions if you are not able to do so.

WHAT HAPPENS WITHOUT A WILL?
Essentially, without a will, all control of your inheritance is given to the state where you live. Laws vary from state to state, but generally favor your spouse and children. If not married, your inheritance is given to a relative. This could leave long time partners, friends, or charities with nothing, even if that is what you may have intended.

With no executor named, an administrator is appointed by the courts. This person will likely be a stranger to the family and is able to make decisions that would not necessarily agree with your wishes. With no will in place, courts are charged to appoint guardians for children. The entire process is quite expensive and slow as the estate enters into probate court, or the process of transferring your property to the recipients.

HOW TO MAKE A WILL?
Many people do not know where to begin in terms of creating a will. Online wills and estate planning softwares are easy first steps. It is also possible to write your own will using writing guides.

While you are not required to hire a lawyer to prepare a will, they can help to make sure your will legally pass muster. Even if you begin the process yourself or utilize the kits, have these checked by an attorney. Simple mistakes, such as the number of witness signatures or ensuring that any recipients are not also witnesses, can be avoided by a quick consultation with a lawyer. After coming this far with the will process, it is important to avoid any mistakes that would invalidate your will.