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4 Reasons to Create a Will

4 Reasons to Create a Will

Perhaps someone has spoken to you about creating a will and you think there’s not really a purpose. You don’t have a lot of assets and you think your family will work well together to figure things out when you pass on. Unfortunately, it’s not always that easy. The following are a few reasons you should get with an attorney to create a will.

  • To Protect Your Children

When a child has only one parent and he or she dies, that child becomes the responsibility of the state. In many cases, the child ends up with a relative, but wouldn’t you rather decide which relative is going to raise your children? What if the state doesn’t see fit to place your child with a relative and he or she ends up in the care of a stranger? When you make a will, you get to decide who your children go to, who takes care of their finances, and other specifics regarding their wellbeing.

  • To Protect Your Spouse

Without a will, your spouse may not inherit your entire estate. For example, if you have children with a previous spouse, your current spouse would receive half of your estate and your children’s other parent would receive the other half. If you don’t have any children, there’s a chance your spouse will split the estate with your parents and siblings.

  • To Protect Your Assets

A living will is something that goes into effect as soon as you sign it. This protects your assets if you have a positive net worth. This also makes it easier for assets to be distributed after your death and prevents your family from having to worry about who should be the distributor and receiver of the assets.

  • To Support a Charity

Perhaps you’re so well off you’ll have the assets needed to support a charity after your death. You may want to leave your entire estate to that charity. Whether your surviving family members are well off as well, or you simply don’t trust them to manage your estate, this is a good way to leave a lasting mark on the world.

Contact a Lawyer to Get Started on Your Will 

You never know when nature will take its course and your life will end. While you can’t always predict it, you can prepare for it. Contact an estate planning lawyer today to get your estate in order and to make a will for the benefit of those you love.

 

Who Can Bring an Action for Wrongful Death in Florida? 

Who Can Bring an Action for Wrongful Death in Florida? 

 

Wrongful death refers to a civil action where a party sues for a death that has been caused by someone else’s negligence. Every state has different laws regarding how these cases are handled. In Florida, along with many other states, beneficiaries are able to sue the wrongful party on behalf of the deceased. This statute allows family members to receive compensation for the death of a loved one as well as holds the person or company accountable for their actions. Wrongful death includes negligence of any wrongful act that results in the death of a person. Wrongful death lawsuits can arise from many different circumstances, including auto or trucking accidents, motorcycle accidents, medical malpractice, criminal actions, construction site defects, hazards in the workplace, and defective products. Punitive damages may also be recovered by the family members if it can be proved that the behavior that caused the death was intentional, reckless, and malicious.

 

Wrongful Death Claims

Wrongful death lawsuits must be filed by the personal representative of the deceased. The personal representative is declared by the will of the deceased. If there is no will, the court will decide who the personal representative will be. Most often the personal representative is a spouse or other family member. The personal representative is able to file the wrongful death lawsuit on behalf of the surviving family members and estate.

 

Those who are entitled to compensation for the death of their family member include spouses, children, parents, and relatives who are dependent on the deceased. Most often, the claim is filed by an immediate family member. In most cases, parents are only able to recover damages for minors and the damages are usually related to mental and emotional trauma resulting from the death of the child. Parents of adult children who have passed away are generally not able to recover damages, but there are some exceptions to this.

 

The statute of limitations is a law that puts a timeline on when a claim must be filed. In Florida, the wrongful death statute of limitations is two years. This means that a lawsuit must be filed within two years of the wrongful death. If this deadline is missed, the claim will be forever barred. There are very specific and rare circumstances where this time limit does not apply. It is important to contact an experienced attorney in order to maximize the damages recovered and abide by the statutes and laws in Florida.

 

Wrongful Death Damages

Florida’s “Wrongful Death Statute” includes specific damages that can be recovered. In Florida, the surviving family members and the estate can both receive compensation for the wrongful death of a person. Recoverable damages include:

 

 

As you can see, the wrongful death laws can be quite complicated. It is important that you contact an experienced lawyer, like a wrongful death lawyer in Tampa, FL from Jeff Murphy Law, in a timely manner so that you can maximize the compensation received as a result of damages incurred due to the loss of a loved one.

4 Reasons to Hire a Truck Accident Lawyer

Pursuing compensation on your own is almost never the best idea. If you are in a truck accident, you need someone with experience dealing with similar situations to fight for your rights. You will personally be dealing with the physical and emotional repercussions from the crash, so you’ll want to have a legal professional worry about that side of things. The following are some other reasons to hire a truck accident lawyer.

  1. To Find All Responsible Parties

Semi-trucks have a lot of moving parts and can end up in an accident for a lot of different reasons. It’s possible you could seek compensation from multiple parties because of how the accident occurred. For example, if a minivan cuts off the big truck and an accident results, you could sue the driver of the minivan. If the truck’s brakes went out when the driver tried to avoid the collision, you might also be able to sue the truck manufacturer or the party responsible for truck maintenance.

  1. To Negotiate

Without a legal background, the typical citizen doesn’t know how to negotiate a claim with the other party. Truck accident lawyers are well-versed in negotiating and will know what to use to achieve the most favorable outcome. If you have to negotiate with multiple parties, the situation will get more difficult, but a lawyer will know how to handle it.

  1. To Create an Appropriate Strategy

The goal in filing a claim after a truck accident is typically to achieve a settlement without going to court. Your lawyer can help you come up with a strategy to achieve that. Mediation and arbitration are often some other routes to take, but if that doesn’t work, you may end up in court anyway. Your lawyer can also help you come up with a way to win in court if that’s your only option at a certain point.

  1. To Understand Trucking Laws

The trucking industry has a strict set of standards and regulations. A truck accident lawyer will know and understand what those are so you can receive everything you are entitled to. Without a lawyer, there may be a lot of things that are overlooked, resulting in a lower amount of compensation.

Hiring a Lawyer Today

As you can see, there are a lot of good reasons to hire a lawyer, like a truck accident lawyer in Indianapolis, IN from Ward & Ward Personal Injury Lawyers, if you get in an accident involving a big truck. To get started with the hiring process, contact a lawyer today.

Will I Receive My Regular Income After a Workplace Injury?

Personal Injury Lawyer

Workplace injuries range from getting cut on a tape dispenser to being hit by a car and breaking your back. You can’t predict when they’re going to happen, and you probably don’t have the time or money to deal with them. Unfortunately, workplace accidents still happen, but you can often receive an income while you recover. The following are some things you should know.

Receiving Lost Wages

When you’re injured in a workplace accident, you’re going to need medical care. This could be one visit to the doctor to find out nothing is life-threatening, or it could include an emergency surgery and years of follow-up visits. In either case, you’re probably going to miss at least a little bit of work. Can you be compensated for lost wages?

Workers’ compensation does cover lost wages, but only to a certain degree. Most of the time, you’ll be given 66.67% of your typical wages, and that doesn’t start until you’ve been out of work for seven days. The eighth day is when you’d receive coverage, and the 14th day is when you’d receive a retroactive payment for the first week you missed. This coverage only lasts up to two years, depending on how long you’re out of work.

Missing Work for Appointments

If you have already gone back to work since your accident, and you need to visit the doctor for a follow up appointment, you wouldn’t generally be eligible for workers’ comp coverage for that visit. If you’ve already gone back to work, your compensation has probably ended. It’s best to schedule all appointments, even if they’re related to your accident, during off hours. This could be in the evening or during a work break.

Permanent Disability Payments

If you are permanently injured, there’s a chance you could receive coverage for a very long time. Instead of the lost wages you’d receive for that first two years, you could be compensated for permanent disability or impairment. You would need proof from your doctor that your care will be ongoing, but it’s something to work hard for so you don’t financially suffer.

Vocational Rehabilitation Compensation

Sometimes a workplace injury results in the inability to perform your regular job, though you could get another. For example, if your former job required your hands, but you have lost the ability to use them, you may need to be trained and educated in how to complete another job that doesn’t require hands. Workers’ compensation may pay those expenses so you can begin to receive a regular income once again.

Contacting a Lawyer

When you’re injured at work, you may be entitled to workers’ compensation. While it may not be 100% of your wages, it’s something to get you through. Contact a workers’ compensation lawyer for help.

Steps for Talking to the Other Driver’s Insurance

When you get in a car or motorcycle accident that was caused by someone else, you’ll want to file an insurance claim to be able to pay for any medical and/or damage repair bills. When the accident is another driver’s fault, you file the claim with their insurance company. This can come with complications and difficult negotiations, as many insurance companies try to pay as little as possible to cover your expenses. It isn’t unusual for a company to send out their own investigator to determine what happened, and you may be contacted by the company directly. They can use anything you say against your own claim, so it’s essential to know what to say if you have to speak with them.

Do You Have to Speak with an Agent from Another Insurance Company? 

First and foremost, you are never legally obligated to speak to the other insurance company, but they may call to question you about the accident. During this discussion, they may try to weed out statements that prove you were partially at fault for the accident or that your injuries are not as bad as you have claimed. It is generally better not to talk to them at all to prevent any missteps that could negatively impact your case.

When Is It Advised to Speak with the Other Insurance Company?

The only time you may want to consider speaking to them is when they have the facts about the accident blatantly wrong because the other driver has lied or has not informed them. Instead of talking to an agent yourself, it’s a good idea to have a lawyer speak to them on your behalf. Lawyers have ample practice when communicating with insurance companies, and they always have your rights in mind when doing so.

What Should I Say if I Have to Speak with Them?

If you need to speak to an agent, never tell them anything more than they ask, and don’t inform them about the extent of your injuries. If you think your injuries are minor or that you may have been partially responsible for the crash, don’t report this. In addition, don’t give them permission to record your statement. Only relay the facts as you remember them, or tell them you simply don’t know, as that is a valid answer too.

Many people feel uncomfortable speaking to agents, and you can always contact a lawyer for help or representation. Having a motorcycle accident lawyer, speak to them in your place can ensure you aren’t accidentally risking your chances of compensation.

Alimony Payments

Personal Injury Attorney

Alimony can become a heated element in divorce. If your marriage lasted many years, and your spouse was underemployed or unemployed, you may face temporary payments after you separate. The money you make and the contribution your spouse made to the marriage are taken into consideration when payments are calculated. Discover what might determine whether you have to pay your former spouse or not.

Does Your State Have Alimony Laws?

States get to create their own laws for how they want people to handle divorce. These laws set out things such as dividing property and the basic shape a child visitation agreement should take. It also sets out the parameters for alimony or spousal support. In some states, the provisions are strict, and in others, the length of the marriage is the only thing considered. Regardless, it is important to keep in mind that a judge can award alimony to your spouse even if your situation doesn’t fit into the statutory requirements.

Are You the Primary Breadwinner?

One thing that determines whether you are on the path to paying alimony is if you are the high-dollar wage earner. When one spouse makes significantly more than the other, there is a reasonable expectation that equalization payments may be made. These come in the form of either a one-time lump sum payment or through alimony. Remember that maintenance is rarely a lifetime requirement. The length of time is usually based on how long you were married and the health of the spouse receiving payments.

Did Your Spouse Sacrifice a Career To Raise Kids?

When couples start a family, they have to face many choices that may change the course of their professional and personal plans. One of the biggest is whether one spouse will stay home to care for the kids. This is usually the lower-earning spouse or the one who prefers to stay home. This type of arrangement leaves that stay-at-home spouse without an income for years. Thus, alimony is meant to help support the recipient for a prescribed time. The person who is getting paid may face requirements along the way. A court may believe that your ex has the skills and abilities to become employed gainfully in a shorter period. Thus, the alimony payments may end sooner rather than later.

Factors That Can Affect the Length of Your Car Accident Settlement

Being injured in a car wreck can send your life into a tailspin. Physical injuries, property damage and even mental trauma stemming from the wreck may affect you for months afterward. Filing a lawsuit against the negligent party can help you recover compensation for medical bills and lost wages, but since every case is unique, you may want to be aware of a few factors that can affect how quickly you receive any compensation.

  1. Insurance Company Interference 

When a driver is at fault for an accident, his or her insurance company may try to downplay the negligence or extent of your injuries. They may also offer you a reduced amount for your totaled vehicle or coax you to settle for an amount that is far less than what your claim is actually worth. While most car accident settlements usually take a few months to resolve, insurance company interference may cause it to drag on longer.

  1. Questions of Liability 

When a car accident occurs, one of the first questions that usually arises is who was at fault. This may be difficult to prove in some cases, and one of the best ways to do so is to retrieve police and witness reports to submit to your attorney. If you are found to be partially at fault for the accident, you may receive a reduced amount that subtracts that percentage from the value of your damages.

  1. No-Fault Laws 

If you live in a state that operates under no-fault car insurance laws, then your ability to sue for damages may be somewhat limited. In these states, each driver is covered under his or her own insurance and requires what is called Personal Injury Protection. In the event of an accident, this coverage pays for your medical bills and your ability to file a lawsuit may not be possible. States that operate under no-fault laws do so to reduce frivolous car accident claims. Your attorney can advise you on how to proceed if you reside in a no-fault state.

  1. The Extent of Resulting Damages 

When a car accident happens, you may have only a few injuries, those that are not apparent until days or weeks later, or catastrophic physical trauma that will change your life forever. In most cases, the more damages you incurred, the greater the value of your case and the longer it may take to resolve it in court.

When you are injured in a car accident, you may not know where to turn for assistance in the aftermath, but help is available. 

Your Car Accident Settlement Timeline

Deciding to file a claim for a car accident can be no big deal, or it can require an enormous amount of time and effort. This depends on the size of your claim, if you are trying to prove that the other driver was negligent and/or if there are any complications along the way. Straightforward claims can take just a few months from start to finish, but more complex ones require more back and forth with insurance companies. Here are the factors that affect how long it takes to reach your settlement.

Overall Contributors 

The things that contribute to the length of your settlement vary from person to person. They can include the severity of your injuries (or waiting to see if new injuries emerge), the time it takes to assess damages, the time it takes the insurance company to reply to your claim and any difficulties you encounter trying to prove your case. Hiring an experienced lawyer to deal with your claim can help speed up the process, but that is no guarantee that you’ll receive your settlement quickly.

Proving Negligence and Damages

One of the biggest obstacles you face in receiving a settlement is proving that your damages and injuries were caused by the accident, and that the other driver was acting negligently. Oftentimes, you must provide some evidence that shows the other driver acted recklessly, wasn’t paying attention or was under the influence of alcohol or drugs. The other driver’s insurance company will try to undermine your statement by looking for weak points that may place some of the blame for the accident on you, in which case they wouldn’t have to pay as much.

Average Timelines

There is no one definite timeline you can count on for your settlement. An insurance company may refuse to pay, and you must be prepared to wait longer to get compensation as you work with them. The most general average is anywhere between two to 12 months, but it can also take up to several years.

You can ask a car accident lawyer in Indianapolis, IN, like from Ward & Ward Personal Injury Lawyers, for an assessment of your claim to see how long they think it will take to reach a settlement. Even with all their experience, they may still not be able to give you an accurate time, but you can work with them to get a better understanding of the process. Before you dive into a claim, sit down with them to discuss every aspect of your case so that you are prepared for a potentially long road ahead.

Embezzlement Charges Explained

Personal Injury Lawyer

When people consider embezzlement, they usually think of schemes involving millions of dollars, but in reality, you can be charged with this crime for much less than that. Embezzlement is taken very seriously, so if you’re facing this charge, contact an experienced lawyer, as soon as you can.

What is embezzlement?

In most states, embezzlement crimes involved the theft of money or property by someone who was entrusted to take care of it. It can mean misappropriating a large or small amount of money or property at once or over a period of time. A person embezzling usually makes an effort to cover it up, such as creating fake invoices or bank accounts or moving money between banks.

How is embezzlement different from theft?

Embezzlement may sound like theft, but these are two different crimes under state law. This act is different from theft in a few key ways, including the ones listed below.

Penalties for embezzlement

The potential punishment for embezzlement in this state depends on how much money or property was taken, the nature of the trust relationship, how long the embezzlement went on, the defendant’s criminal history — if any — and why the property or money was taken. The nature of the property — whether it was private or public — also impacts the charge and penalties involved.

For private property, embezzling less than $50 is a Class 1 petty offense, carrying up to six months in jail. However, that jumps to a Class 6 felony with a possible 18-month jail sentence if between $2,000 to $5,000 was taken. Embezzling public property is a Class 5 felony, with a sentence of up to three years in prison. On top of that, a person convicted of embezzling public property is forever banned from holding any state office involving profit or trust.

Types of embezzlement

Embezzlement can take more than one form. In payroll embezzlement, for example, a person might use the company payroll at their place of work to take money for themselves. In siphoning, a person may take items here and there–such as goods out of a retail store or food out of a restaurant–over time, without creating a cash discrepancy. Kickbacks are another example, when someone takes additional money from a vendor of a good or service in exchange for using that vendor at their place of business.

It’s important to note that more than high-dollar crimes are prosecuted as embezzlement. If you’re facing a charge for this type of crime, you could be looking at jail time, fines and more, so speak to a criminal lawyer for help today.

Criminal Charges for “Sexting” in Colorado

The transmission of sexually explicit images, whether by email, text or video, is considered “sexting.” Generally, when two consenting adults use sexting together, it is not a crime. However, if a minor is involved, there can be serious criminal consequences. If you’re facing charges related to sexting, contact a lawyer from Richard J. Banta, pc, for help immediately.

There can be more than one charge involved in sexting cases. If, for example, an adult sender receives a sexually explicit image of a minor, this constitutes possession of child pornography. This is charged as sexual exploitation of a child and is at least a Class 6 felony.

Another sexting crime involves luring over the Internet. This happens when an adult exchanges sexual messages with a person under 18 to try and get a meeting.

Penalties for illegal sexting involving an adult

A first-time adult offender who engages in sexting with a minor could face a Class 5 felony charge even if they only have a still image. This charge carries a potential sentence of one to three years in prison and a fine of up to $100,000.

A repeat offender or an adult who had certain types of material can face stricter penalties. A second offense of sexual exploitation of a child is a Class 4 felony. The same applies to the possession of child pornography that is a video or another moving image or having more than 20 items of sexually exploitative material. The penalties for a Class 4 felony are a fine of up to $500,000 and a prison sentence of two to six years.

If an adult was involved in the distribution or making of child pornography–such as sending an image of a minor to someone else–that’s a Class 3 felony. This is punishable by fines of up to $750,000 and 12 years in prison. It’s worth noting that any person convicted of sexual exploitation of a child is required to register as a sex offender.

Penalties for sexting involving teens

Before 2017, the only way to charge minors involved in sexting was the felony exploitation of a child. Since then, Colorado passed a law that distinguishes between consensual sexting between teens and the malicious or abusive exchange of sexually explicit messages, video or images.

This law created a tiered system and details three offenses: posting, exchanging and possession. Exchanging is when a minor purposely exchanges their image or receives another person’s image with someone who is at least 14 or less than four years younger, and all minors involved believed the others consented to that exchange. Possession is when a minor has an image of a someone who is at least 14 or less than four years younger without consent. Posting occurs when a minor publishes, displays or distributes the image of someone who is at least 14 or less than four years younger without consent.

Exchanging is a civil offense. A minor may have to enroll in an educational program or pay a $50 fine. Possession is a petty offense, punishable by a fine and up to six months in jail. This can become a Class 2 misdemeanor if the person had 10 or more images of three or more people, and that’s punishable by 12 months in jail and a $1,000 fine. Posting is also a Class 2 misdemeanor, but this can be charged as a Class 1 misdemeanor in some cases, such as if the minor intended to cause the person emotional distress. The penalties for a Class 1 misdemeanor are a jail sentence of up to 18 months and a $5,000 fine.