Legal Blog

​When someone is convicted of DUI, he believes that it's difficult to get out of it. They simply agree with the conviction without questioning their rights. One needs to question the officer during evaluation. Otherwise, he may be sentenced. This is because they ignore their legal rights without rea...

According to JAMA (Journal of the American Medical Association), medical malpractice is the third largest cause of deaths in the United States after heart diseases, and cancer. Malpractice occurs when there is a deviation from recognized 'standard of care' under a given circumstance. Medical malprac...

Most of the time we encounter situations where we don't have a slightest idea of how to react in those conditions. Being in an accident is one of such situation. We get too much caught up in the moment that we miss about various details and things that we should do post-accident. In cases like these...

​Family Law proceedings can be emotional and confusing.Whether you are seeking legal advice for an upcoming divorce, or searching for council on child custody matters, a high-quality attorney will give you the assurance that your unique needs are met. There are a number of Fort Worth Family Law Atto...

​So you've been injured and that too, due to the negligence and carelessness of someone else? Well, it would only be wise to consult a personal injury attorney in Macon to discuss your rights for claiming compensation. As you prepare for your meeting with the professional, follow these tips to ensur...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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.

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.

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.

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:

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!