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How to Find Best DUI Lawyer in New Jersey

Finding a DUI lawyer in New Jersey is not as simple as it seems. Approach a lawyer who has experience dealing with your case. Following the above ways to find a DUI lawyer can help you reach the right attorney. DUI is a serious traffic violation NJ. It's the major reason why people get arrested whil...

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Top 7 Roles of an Investment Fraud Lawyer

When you are dealing with brokers of all types, you will find that there is a lot of discussion about how you are supposed to deal with fraud, negligence, and other issues. Did you know that fraud is, unfortunately, a common issue that people face when they get into these situations? That's where an...

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Five Tips For Finding The Right Personal Injury Lawyer

personal-injury

Personal injury law is a complex area of the law and while many lawyers claim to be experts in the field, very few are actually qualified enough to handle such cases. As a practicing personal injury attorney of 18 years in Suffolk County, New York, I've seen my share of incompetent attorneys handlin...

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How a Truck Accident Attorney Can Get You the Best Compensation

With any car accident situation, it is challenging to figure out how best to approach the matter. But truck accidents are a little bit more complicated than a regular car accident, because there are so many other variables involved. If you or someone you love was the victim of a truck accident, wher...

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7 AWESOME TIPS FOR SUCCESFUL DEBT COLLECTION

Debt collection and recovery is a common occurrence in almost every business and is part of business dynamics. With the tough economy today, clients may have issues paying their debt. Some hire a collection agency to help get some or all of the outstanding debts whilst others prefer a lawyer. If the...

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4 Benefits of Hiring an Auto Accident Lawyer Syracuse

We never know when we might get caught in a car accident. When we do, the stress that we will be facing might get overwhelming. Sometimes, when the unfortunate situation reaches the court of law, the stress can become too much to handle. Fortunately, you can hire an auto accident lawyer Syracuse to ...

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What Child Custody Rights Does a Father Have in a Divorce?

Who do the courts favor in a child custody case - the mother or the father? Most likely, you answered mother. This is a common perception held by the public, but this gender bias is beginning to be a thing of the past, and fathers are getting more custody rights than ever before. Why the Shift? Scie...

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Characteristics Of The Best Birth Injury Attorneys

Characteristics Of The Best Birth Injury Attorneys

here are so many articles written online about what makes the attorney be really good at the job he chose. Obviously, most of the things you are about to read in those articles will apply to the birth injury attorneys. However, this does not mean that there are no other things that are really import...

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What Does The Car Accident Attorney Do For Clients?

What Does The Car Accident Attorney Do For Clients?

In the event that you were involved in a car accident and you ended up with injuries and/or property damage, you will need to work with a car accident attorney. The same thing goes in the event that relatives or friends were injured. Hiring this professional is going to help out a lot in making sure...

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The Dirty, Dark Face of Drunk-Driving

The Dirty, Dark Face of Drunk-Driving

A Business Major, A Superb athlete, An aspiring model. Sean's  perfectly set life was about to turn around on that fateful night.

It was the Saturday night before the Easter Sunday, 2005. Sean was drinking with his friends and was going home with a friend Ryan McDaniel. Sean knew he was too drunk to drive but so was Ryan who was dropping him home.

Ryan's car hydroplaned and crashed into a tree, he fled from the scene and Sean was left with a brain injury that left him unable to move, to take a bath, to simply walk or talk even. He had lost his voice also in the accident. Life-turned upside down for this 22 year old.

Jacqueline Saburido, a student from Venezuela had come to Texas to learn English during her college break. An Engineering student she wanted to help her father run his air-conditioning business , but first she wanted to learn English.

On the September 19 night she along with her friend Natalia Bennett and two others were headed home from a birthday party at Austin at 4:00 am. Before they could realize anything a car came and banged into their car head on. Natalia and Laura Guerrero died on the spot. Jacqui suffered from third degree burns in the crash- burns that scorched her eyes and made her blind, that melted away her hair, took her ears, nose, lips eyelids, fingers and rendered her hands useless.

Jacqueline is just not the same Jacqueline anymore. The accident left  her physically deformed and mentally scarred forever.

Drunk Driving

Drunk Driving has become a massive threat to society, a threat that causes 17,000 deaths each year, 300 deaths each week and 45 deaths each day.

Alcohol induced accidents have become the leading cause of death for young Americans between the ages of 16 and 24.

Why do We Drink and Drive?

Drunk Driving starts with the false belief and intention, people assume of themselves that they won't drink too much.

From there it moves to overestimating one's capacity. Even one glass of any alcoholic beverage affects our motor and cognitive functions and then there are people who even after 4-5 round of drinks insist they can drive absolutely safely because they have driven safely earlier.

Why would we do that? Endanger our own and others' lives.
Yet we do that, because a drunk man who opts to drive understands neither limit nor capacity.

Peer pressure or overconfidence,whatever the reason, alcohol and driving make a deadly combination. Surveys reveal that males are more prone to drinking and driving than females.

What is scarier is that it is estimated that 3 out of every 10 Americans will be involved in an alcohol related incident in their lifetime.

Sean and Jacqueline were innocent victims, two faces in a sea of victims whose lives have been destroyed in an accident in which they had no fault but were paying  a price because somebody else decided to drink and drive.

Drinking depresses your brain, you cannot function properly after drinking so:-

● Think from before what arrangements can be made when you know you won't be able to drive later.

● Getting a designated driver is a good idea.

● Knowing what your actual alcohol consumption limit is- practice with a few drinks (when you are not going to drive) before somebody close and responsible like a spouse, so you know exactly where to draw the line and when your ability gets impaired. Be true and realistic in your understanding.

What happens to a victim of Drunk Driving?

You can't recognize Jacqueline anymore-no nose, no ears, no hair, no lips, melted down skin-so little of that beautiful, ambitious teenager remains. Even after 100 operations post her crash her condition remains hardly altered.

Sean, the once dynamic athlete-model today depends on his mother for every little chore.

True Jacqueline and Sean are inspirations today with their courage and spirit for life, they are role models for many victims but does that give them back what they have lost?

Independence, dreams, aspirations...

The aftermath of these accidents involve deep physical and emotional turmoil for the victims. Like Sean's mother and Jacqueline's father, these victims also need the unconditional love and support of their loved ones to recover from the trauma and resurrect their life.

The Absolute Necessity of Legal Support

Under such circumstances, it becomes of utmost importance  that you have a good and professional attorney who will ensure that the victim and the victim's family is paid the due financial compensation by the culprit for recovery, one who will have such a strong case that the defense won't be able to get the case against the drunk-driver dropped.

The expenses the innocent victim has to incur in a drunk-driving case is massive sometimes, so your experienced lawyer should be one

● With expertise, who can calculate accurately your financial requirements and present before the insurance company.

● Gather extensive evidence to show conclusively that you were innocent and the accident was the drunk driver's fault.

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Top Things to Consider Before You Make A Wrongful Death Claim

Top Things to Consider Before You Make A Wrongful Death Claim

It is very difficult to come to terms with the loss of a loved one. Families go through a terrible phase while coping with such a huge tragedy in their lives. When a person's life is lost to due to the careless and negligent action of others, it can become even more difficult to deal with the pain and loss. Even when families do come out of the grief, the sense of unfairness and injustice to their lost member prevails. But it doesn't have to be that way. With some legal help, one can expect to get relief to some extent by suing the responsible party. Read on to know more.

What is Wrongful Death?

When a person loses his/her life due to the negligent and wrongful actions of another person or entity (defendant), it is said to be a wrongful death. In such cases, the surviving family members of the deceased have the right to file a wrongful death lawsuit against those responsible for the death. This type of a lawsuit seeks to provide compensation to the survivors for their loss. The compensation could be in keeping with lost wages, funeral expenses and even lost companionship. This may vary from state to state as each state has its own wrongful death laws.

Who can file the Lawsuit?

The deceased person's surviving family members can sue for wrongful death. They would be called the "real parties in interest." The claim has to be filed by a representative of the real parties in interest. Again, the laws and exactly which members of the family can be included in the real parties of interest may differ from state to state. Some of those people could be:

● Immediate family members: The immediate family members could be the decedent's parents, spouse and children - biological or adopted. This is true for all states.

● Distant family members: In some states, the brothers, sisters and grandparents can file for the claim.

● All financial sufferers: In some states, all parties affected financially (for care and support) by the victim's wrongful death can sue the responsible person, even if they are not related by blood or marriage to the victim.

● Life partner/putative spouse: In some states, a life partner who was financially dependent on the decedent or a putative (generally considered or reputed to be) spouse can claim compensation.

● Parents of deceased fetus: In most cases, parents can claim wrongful death action only if the child was born alive and died later due to negligence. However, some states allow the death of a fetus to also become the foundation of a wrongful death claim.

Who can be sued?

A case of wrongful death can be claimed against a person responsible for the victim's death, a company responsible for the death, government agencies and employees responsible for the death. Depending from state to state, government agencies and employees can be given immunity against such cases. A wrongful death can occur due to various reasons - death due to medical malpractice, death due to criminal behavior, death due to occupational exposure to harmful conditions and substances, death due to an automobile or airplane mishap, and death during a supervised activity.

What are the types of damages that can be claimed?

There are three types of damages that can be claimed by the decedent's survivors:

● Economic damages: These refer to the value of the financial contributions that the victim could have made to the survivors had he/she been alive. Additionally, it also includes loss of victim's expected wages, loss of victim's pension and medical benefits, victim's funeral expenses, loss of an inheritance due to the victim's untimely death and value of goods and services the victim could have provided were he/she alive.

● Non-economic damages: These refer to the non-financial aspects like damages for survivor's pain and emotional turmoil, loss of care/support/protection/advice/guidance from the decedent, loss of love, society and companionship from the decedent and loss of consortium from the decedent.

● Punitive damages: Depending from state to state, these damages can be recovered by the defendant  who has displayed a bad conduct. In some cases, the victim's survivors can also get reimbursed for the costs they incurred for bringing in the claim. Some states also have a provision for the payment of interest on the damages to the survivors from the time it starts to the time it is collected.

The loss of a loved one can cause irreparable damage to a family. No amount of compensation or reimbursement can make up for the loss incurred. However, it is important to bring all those responsible for the loss to justice for the survivor's peace of mind. Bringing in wrongful death claims can also help in decreasing the number of the same kind of unfortunate incidents.

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Why You Should Have a Personal Injury Lawyer Represent YOU

Why You Should Have a Personal Injury Lawyer Represent YOU

If you have an injury resulting from another person’s actions or negligence, it would be a good idea to get in contact with a personal injury lawyer. Some might say that personal injury lawyers are sharks out to make a quick buck off of unsuspecting victims, but that is hardly the case.

Personal injury lawyers’ main job is to represent you in court so that you are not taken advantage of by negligent parties, companies, or insurance adjusters. It turns out, they are a little afraid of personal injury lawyers, and here’s why:

Personal injury lawyers are experts in their field. Many think that any lawyer would be able to do personal injury, but it takes a great deal of specialized schooling to become a personal injury lawyer. If you contact a normal, non-personal injury lawyer, you are not likely to receive the compensation that you deserve. A personal injury lawyer will ensure that you get the full composition due.

Personal injury claims to which a person is entitled are many and are not easily recognizable to those not versed in personal injury law. There are a lot of hows, whens, whys, and when-not-tos that need to be answered during a lawsuit.

Your personal injury lawyer will ensure that an insurance adjuster will not try to take advantage of you by knowing more about the procedures than anybody else. Insurance adjusters will often try to misrepresent the law to try and convince you that you do not qualify for compensation or that you are entitled to less.

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Can I Get Worker's Compensation From My Auto Accident?

Can I Get Worker's Compensation From My Auto Accident?

Many people believe that they have an understanding of how the worker's compensation system works, but there are actually several nuances that can be quite confusing if a person doesn’t actually work on the inside of this industry. For instance, many people think that car accident injuries and losses would be covered by car insurance policies, but in actuality, there are some cases where worker's compensation insurance will cover these accidents. It’s important for every employee to know these instances so they don’t lose out on due compensation. 
 
Business Injury Versus Non-Business Injury

Many individuals fail to realize just how important it is to know what type of claim they have when injured in an automobile accident. This is because some types of insurance will deny a claim flat out in some cases. Worker's compensation insurance, for instance, will only cover injuries sustained in a vehicular wreck if the accident was related to work in some way. 

Auto insurance companies, on the other hand, often deny claims when they find out that a person was using their personal vehicle for business purposes. Each case is going to be different, but the one thing that remains the same is the fact that insurers don't like providing compensation when either they don't have to or when another insurer may be liable. 

There are actually several instances though, where a person may have a worker's compensation claim after being involved in an auto accident. Knowing the occurrences when they're covered, and the ones when they're not, will make life much easier after debilitating event. Here are four instances of when compensation is due from your place of work after an auto accident:

1. Running an Errand for Work

Worker's compensation claims are meant to cover injuries sustained at work. When a person is running an errand for their employer, this is considered a form of work. An employee injured in a car crash while running these errands will most likely be able to receive benefits, especially with the help of someone like an MA or NY auto accident attorney. 

2. Traveling on Business

Many people believe that they're not covered when traveling for business trips, though this belief is incorrect. A person can consider traveling for business the same as the aforementioned "running an errand for work"; it just so happens that the errand is out-of-town work. 

3. Driving to or from Work

Unfortunately, most individuals will not be able to collect worker's compensation benefits if they're injured in a vehicular crash while commuting to or from work. There are, however, a few exceptions to this rule. A person who is handling a work errand while driving home, for instance, may be able to receive benefits. This is one of those grey areas that an attorney may be able to help you illuminate.

4. Mandatory Company Events

Driving to and from mandatory company events may be considered working, therefore a crash during this time could be considered in your worker's compensation case. These events could include team meetings or company barbecues; the main factor is that the injured party must have had a reasonable belief that their employment was contingent on attending the event. 

Worker's compensation is meant to ensure that employees are taken care of in the event of an accident while on the job. It's not always necessary for a person to sustain their injury on company property to be reimbursed though, and it's important to realize that contacting a worker's compensation lawyer or filing a claim isn't some sort of con to get undeserved money. Many accidents result in hospital bills, lost time from work, and even long term injuries; so any accident involving work, regardless of on-site or in a vehicle, should be taken very seriously.

Saam Banai is a freelance writer and editor, and he has also worked (as safely as possible) for a store that delivers sofas to Boston, Rhode Island, and New York. At the Perecman firm, you can find a NY auto accident attorney that will help you fight for your worker's compensation in the event that you are injured while driving on the job. Their experience and passion from years litigating auto accident cases, including head-on collisions and hit-and-runs, have led them to recover millions for their clients.  
 

Originally Posted by Saam Banai on Saturday, 09 March 2013 in Accident Law at Justicefinder.com Lawyer Blogs

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Employment Law Claims

Employment Law Claims-Getting The Help You Need From an Employment Law Attorney

Many people experience problems with their employers and an Employment Law Attorney can help. Whether you have been wrongfully fired or you are having a dispute in your contract, we can help. When trouble arises concerning your employment, you need to talk to an employment attorney who is well versed in the laws regarding contracts and labor. Talking to valued professionals, such as a Chino Hills Employment Law Attorney, will give you valuable insight and let you know if you have can move forward with a legal claim.

If you have experienced issues regarding your contractor, or you have been terminated without just cause, contact an Employment Law Attorney for a consultation. Because every employee has rights, you need someone to fight for them and for justice. If your employer has overstepped their bounds and fired or broken your employment contract, contact a Employment Law Attorney today! Most people who have contacted us have found that they have the right to make a claim, which can include compensation. Not every case will go to court, but there by contacting an attorney; they can review the information and let you know exactly what to do.

Do you think you have a case? If your rights have been violated you need to call an Employment Law Attorney right away. We will meet with you and come up with a strategy for your legal claim. We offer a free consultation and want to ensure you have legal recourse. One phone call to an Employment Law Attorney is all it takes to start the ball rolling on your legal claim. .

Before you come to your free consultation, you will need to gather a few items to bring to your Employment Law Attorney, they are:

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Double Taxation for Leasehold Improvements

Some business property is being double taxed but the owners don't know it! If you own or lease a restaurant, store, or office space with leasehold improvements there is a good chance that the personal and real property is subject to double taxation.
Real property includes all land, buildings, and fixtures. All improvements on leased property must be considered real property. However, leasehold improvements can be taxed as personal property even if those improvements are technically real property so long as the underlying real property assessment does not include value for the leasehold improvements. This is where the costly double taxation can occur.
Many real property assessments already include value for leasehold improvements. Cost calculator methods are used to value commercial and industrial buildings and these methods often have added or assumed items covering the leasehold improvements. Assessors also typically add value to the real property assessment when new construction items are added. Therefore, a review of your personal property statements and the underlying real property assessments is vital to avoid double taxation.

Coordination between the leasee and the landlord also can result in tax savings to both as the personal property tax deduction rates are often lower than real property rates and the real property item costs are sometimes lower than the acquisition costs of the leasee. Analysis of the property and coordination of the parties can result in the most effective and tax saving challenge.
Contact me today if you feel that your leasehold improvements are being unfairly taxed!

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Personal Property Statements: Don’t make This Costly Mistake!

Urgent! Personal property statement deadlines have already passed, but make sure you didn't make a costly mistake!
If you have assessable commercial or industrial personal property you were probably required to file a 2012 Form L-4175 by February 1, 2012. Many taxpayers make the costly mistake of attaching tax asset detail sheets to the personal property statements. These sheets typically include acquisitions costs and dates and provide a basis for completing your personal property statement. However, the sheets often include information for income tax purposes that should not be disclosed to the assessor! Leasehold improvements that are already taxed as real property and are listed on the tax asset detail sheet only for income tax depreciation purposes can be caught by the assessor and entered into your personal property assessment, resulting in double taxation. Sometimes it is necessary to include support for Section M of the personal property statement, the leasehold improvements section. But you should limit the supporting documents to the items that you must disclose in Section M to support the return and not include the entire tax asset detail sheet. Avoiding this problem requires detailed analysis of your personal property statements and asset details. Contact me and I can help you avoid address this problem and avoid it in the future!

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Property Assessments are once again increasing!

Property Assessments are once again increasing!

Many homeowners and property owners are currently being shocked by their assessments! Real estate markets have arguably stabilized in some areas. However, what many property owners did not expect is to see assessments increase! While values have remained stagnant or even have continued to fall in the majority of the State of Michigan, assessments are going up. Assessors have been using the highest priced sales to drive up assessments while ignoring the many typical lower priced sales that still saturate the market.
The best way to address this problem is to appeal your property taxes to the Board of Review and then the Tribunal. Boards typically do not give much property tax relief, but all residential property owners must appear before a Board before going to the Tribunal.
The Tribunal offers the opportunity to present appraisals and comparables to show your property's true worth. You get more than just a few minutes before a rubber stamp Board. You also get the opportunity to negotiate a settlement. I can assist you in this process. I have achieved significant tax savings for many homeowners and have the resources to present the best evidence possible.
Don't delay. Contact us here at 1-800-LAW-FIRM, PLLC for a free consultation.

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Urgent! Homeowners!

Don't miss the 2012 March Board of Review! If you own residential property you must appeal your assessment to the 2012 March Board of Review prior to appealing to the Michigan You will be receiving or have already received a Notice of Assessment, Taxable Valuation (including Leasehold Improvements) and Property Classification. This notice states "THIS IS NOT A TAX BILL" in bold letters on the upper right hand corner. The lower half of this notice states the time and place for the Board of Review. Non-residents have the legal right to appeal property taxes by letter. Pay close attention to the notice because some jurisdictions require residents to appeal in person!
We appeal hundreds of properties to the March Board of Review in numerous jurisdictions every year. If you contact us with sufficient time before the scheduled meeting, we can handle the Board of Review protest for you and ensure that your rights don't vanish! Contact us today.

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Welcome to my Michigan Property Tax and Michigan Tax Tribunal Blog!

Welcome to my Michigan property tax appeals blog! I formerly served as a Judge with the Michigan Tax Tribunal and will share my knowledge and insight in my blog posts. I will be making regular blog posts concerning various Michigan property tax issues and how to appeal your property taxes to either the local board of review or the Michigan Tax Tribunal. Through the years I have gained a considerable amount of experience and have achieved significant tax savings for many clients. My blog will include posts concerning residential, commercial, and industrial real and personal property taxes and tax appeals. Follow my blog and contact me for all of your property tax needs!

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Using of Chapter 7 Bankruptcy to Stop Wage Garnishment

Having your wages garnished is one of the most upsetting things that can happen to a person. Wages are garnished after a creditor gets a judgment against you that you don't pay and then goes back to the court to get the order of garnishment. When this goes into effect, money goes right from your paycheck to the creditor without ever getting to you. If this happens and you need it to stop, you need to understand the rules for wage garnishment under chapter 7 bankruptcy.

Chapter 7 Bankruptcy and Wage Garnishment

In the cases of most types of wages garnishment, with a few possible limited exceptions for non-dischargeable debts like past due child support, bankruptcy under Chapter 7 of the United States code should put a permanent stop to your wage garnishment.

When you file for bankruptcy, the law immediately begins protecting you from creditors by imposing an "automatic stay." The stay orders creditors to stop any and all collection activities going on against you. Garnishment, thus, is ceased upon filing. If you really need the garnishment to stop right away, you may even want to consider an emergency filing. This may cost a little more, but it lets you get the stay in effect much faster and then gives you an extra 2 weeks after the emergency filing to get all of the somewhat complicated bankruptcy paperwork in order.

Once you have filed, the chapter 7 bankruptcy should take care of the debts so that the garnishment doesn't start again. Chapter 7 works by requiring you to submit to the sale of non-exempt assets, which become part of the bankruptcy estate. Some of your home equity, your retirement accounts, and a limited portion of personal property is safe, but otherwise, this does mean you do have to have some things sold in most bankruptcy cases.

Money that is made from the sale or that was in non-retirement accounts is then distributed to creditors. At that point, any eligible debts are discharged, and you no longer owe them. This won't apply to student loans, since those aren't eligible, and it also won't apply to things like a mortgage if you decide to keep the house since a mortgage is a secured debt that has to be paid if you want to hold on to the collateral. Otherwise, debts are discharged, and garnishment should be a thing of the past.

Is Chapter 7 The Best Chapter to File Under?

Whether chapter 7 is the best option for you is going to depend on your circumstances. The main factor in determining if you should file chapter 7 is if you can qualify. Based on changes to the law that occurred in 2005, you can qualify if:

  • Your income falls below the median income level in the state where you reside.
  • You have no disposable income to repay debts after required obligations are fulfilled, thereby allowing you to pass a means test.

If you don't qualify, you'll have no choice but to under another chapter, which for consumers is almost always going to be a chapter 13. If you qualify, you'll have to assess whether you are comfortable having your assets turned over, as is required in chapter 7, or whether you wish to try to file a chapter 13 instead.

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