The Law for Accidents's blog

What is Chapter 7 Bankruptcy?

A Chapter 7 bankruptcy may be referred to as a "straight bankruptcy". When a debtor becomes hopelessly unable to pay debts owed, a Chapter 7 bankruptcy liquidates whatever non-exempt assets are owned and the proceeds are used to pay creditors. A trustee is appointed to collect the assets, sell them, and distribute the funds to creditors. A Chapter 7 bankruptcy often allows the debtor to "reaffirm" some debt and thereby retain possession of a home or an automobile. Most other debt is, in effect, wiped out with a Chapter 7 bankruptcy filing. Court ordered restitution and child support can not be included in a bankruptcy.

What are the most common reasons for a Chapter 7 bankruptcy?
Most people who file for a Chapter 7 bankruptcy have experienced extenuating financial circumstances. The loss of a job, serious over-extension of credit, a divorce, the death of a family member, and large medical expenses, are all reasons that a debtor may find himself considering bankruptcy.

What is the filing process?
An official petition must be filed with the courts. The debtor must also supply detailed financial information, including a listing of assets owned and a financial history. A complete listing of all property must be compiled, as well as a complete listing of all creditors with their exact addresses.

When will the Chapter 7 bankruptcy be discharged?
Approximately four to six months after the bankruptcy has been filed, most debts are discharged. When a debt is discharged, it is no longer enforceable.

What happens after Chapter 7?
A Chapter 7 bankruptcy often provides the debtor a fresh start. Even though the debts have been discharged, the bankruptcy will remain on a credit report for ten years. However, with time, the bankruptcy has less negative impact on the credit report. It is important to pay all obligations on time after declaring bankruptcy. Obtaining automobile financing and securing a mortgage loan are possible within a few years of filing bankruptcy.

This article is intended for informational purposes only, and is not legal advice. If you may need to file Chapter 7 bankruptcy, contact bankruptcy Attorney Gary R. Jodat to guide you through the process.

Injury and Wrongful Death Due to Medical Malpractice

Medical malpractice, also known as medical negligence occurs when a health care provider omits to behave according to the established standard of appropriate care in the medical district. Therefore when a doctor, nurse or any other medical care provider omits to take action as a rationally cautious medical care provider who specializes in the same field would, and brings about a patient to endure grave injury or wrongful death, he/she may be accountable for imposing injury on his/her patients.

What Happens if Injury and Wrongful Death Occurs Due to Medical Malpractice

If ever such circumstance occurs, a persistent investigation has to be made. Investigators will have to acquire all the medical facts surrounding the case and obtain testimonies from a medical expert. A trial will allow the presentation of the results of the civil discovery process and tools applied, and the case will be determined based on these results. An attorney should collect comprehensive and accurate statements from the defendants, as well as from opposing experts. He/she will also need to make in depth request for important documents, and if he/she thinks than these documents have been falsified, modified or mislaid he/she will need the help of document authenticity experts to prove the claim. Lastly, the lawyer needs to come up with good queries for the defendant to answer in order to collect the proof necessary to win a complicated medical negligence case.

Common Causes of Medical Malpractice

Failing to listen to a patient could be critical for any doctor. This is the most prevalent form of complaint made by medical malpractice clients. Often a first error initiates the occurrence of many others. In order to make an accurate diagnosis, it is important that doctors acquire the patient’s complete medical theory. However many doctors fail to do this simple task for a number of reasons. Perhaps they are practicing assembly line medicine and offering every patient too little of their time or perhaps they do not want distraction or are too arrogant Merely the failure to listen can be critical for both patient and medical care provider. The patient’s condition could worsen and the doctors and nurses may be charged for malpractice.

This article is for information purposes only and not a legal advice. Please inquire for more information on wrongful death from Justice for All attorneys in Fort Lauderdale.

What Happens When Brakes Fail?

When the brakes fail on a car, the result can be life threatening for the driver and any passengers. When the brakes fail on a big rig, the results can be life threatening for anyone else on the road. And, unfortunately, due to the weight, the number of breaks, and the sheer workload these brakes are put under whenever they take to the road, the risk of such a thing is much greater for a big rig truck.

How Can Brakes Fail?

Most large trucks operate on air brakes, which are more complex and volatile than standard brakes. They can handle a much greater load, but they require much more frequent maintenance to ensure they don’t fail. They will have an air compressor that will compress air as the engine drives. This air compressor’s tank will have a governor that sets the pressure at a maximum of 125 PSI. When the pressure gets above 125, it stops pumping and when it gets below 100 PSI it starts pumping again, ensuring the air is always there to operate the brakes.

When a compressor stops working, a belt comes loose, or the brakes are not well maintained, the governor can stop and the result is brake failure.

Avoiding a Major Accident when Brakes Fail

When brakes fail, a truck turns into a runaway missile – a potentially deadly projectile on the highway. This is the reason you will see runoff ramps on steep downgrades for trucks that lose control in a space that they absolutely need their brakes. For anyone near a truck that has lost brake control, pull out of the way and do not attempt to catch up or stay in front of the truck. Call an emergency number immediately and make sure no one else gets hurt by the runaway truck.

Brake failure is a massive risk – something that millions of people may not realize happens practically every day on the nation’s highways. Thankfully, there are dozens of checkpoints in place to keep brakes from failing unnecessarily. With constant checks, dozens of stopgaps in place, and plenty of ways to ensure brakes never fail when they are needed most, these types of accidents should be extremely rare. If one happens to you, it is important to question exactly why those brakes failed and if anything could have been done to prevent it. This article is not intended to provide legal advice.

Find out more about how brake failure and auto accidents can affect you from West Palm Beach area lawyers at Searcy Law.

Social Security Disability Benefits for the Blind

• You are consider blind if your best eye cannot be corrected to better than 20/200 or your visual field is 20 degrees or less with the aid of glasses or lenses
• Many of the regulations applying to disabled people do not apply to blind people
• You can still be considered legally blind even if you can read large print and do not use a cane or guide dog

If you are blind or have poor vision you may be eligible for Social Security Disability benefits, although different rules apply to those who are blind, compared to those that are applying based on a different disability.

You are considered legally blind for the purposes of the Social Security rules if your overall vision cannot be improved from 20/200 in at least one eye or if your overall visual field is equal or less than twenty degrees, even with corrective aids such as glasses or lenses. You may still have some sight even if considered legally blind under these rules. You maybe able to read large print and have no requirement for a guide dog or carrying a cane.

Even if your vision is not bad enough to qualify you as legally blind under the Social Security rules you may still be able to apply for disability benefit if your poor vision, combined with other health issues, stop you from working.

The Social Security Administration recognises the severe effect of being blind on a person’s ability to work. The amount of money that a blind person can make each month and still be eligible for Social Security Disability benefits is higher than for people suffering from other forms of disability. For 2010, a person who is blind can still earn $1,640 a month and make a successful claim for disability benefits.

This article is not intended to replace proper legal advice. To find out further information about applying for Social Security Disability benefits for blind people you can contact attorney Gerard Lynch, with offices in Houston, Texas and surrounding areas.

Trucking Safety Tips

Every year more and more trucks enter the nation’s highways. Many organizations offer safety tips and techniques to ensure and remind drivers to operate safely.

Driver Maintenance

Drivers who consume a proper diet, maintain physical fitness and are properly rested not only ensure personal safety but the safety of others on the road. Violating the number of hours that can be legally driven jeopardizes a driving career in addition to putting the driver and others at risk of an accident.

Truck Maintenance

Be sure to properly inspect the truck prior to every trip. Know how to check for safety and brake defects and have problems repaired before embarking on the next journey. This protects the safety of the driver and other individuals on the road.

Buckle The Seat Belt

Wearing a seat belt is the one thing every driver can do to reduce injury and fatality on the nation’s roads. A leading cause of truck driver fatality is being thrown out of the vehicle. A seat belt keeps the driver in the cab with more potential to control the truck.

Defensive Driving

Aggressive driving contributes to the majority of traffic accidents. Stay alert and maintain a safe distance from all vehicles, but especially from vehicles exhibiting aggressive or erratic behavior. Driving at slower, legal speeds decreases the risk of serious accident and injury.

Blind Spots

33% of all truck and motor vehicle accidents occur as a result of a vehicle being in a blind spot. Drivers need to monitor vehicles that approach on all sides of a truck to prevent a possible accident. Motor vehicle drivers are not necessarily aware of these areas.

Construction Zones

Drivers need to carefully observe surroundings and slow down when traveling through these work areas. An estimated 33% of fatal construction zone accidents involve trucks. It is imperative in all driving situations to ensure a proper distance between the truck and any other vehicles.

Help Make Roadways Safer for All

As a professional driver, model behavior provides an example for others to follow. Reporting an accident, reporting an unsafe driver, reporting unsafe road conditions or helping a fellow motorist, are actions that lead to a safer driving experience for all.

Because of all the rigorous safety and state regulations 18 wheelers are subject to in Louisiana, you will need an enthusiastic and aggressive attorney if you have been involved in a trucking accident. You should seek out a professional trucking accident attorney who can build a strong case that can get you what you are entitled to.

What to Do Right After a Car Accident?

Been in a car accident? Obviously the first thing you want to do is make sure you get necessary medical treatment. It's important to follow the directions of any EMT or officer on site; you may think you haven't suffered injuries but they may see signs that indicate otherwise, or they may simply want you to get checked out to be sure.

But above and beyond caring for your medical needs, what are the best things to do right after a car accident and why should you do these things? Consider a few quick tips in this regard.

Information Needed

Of course you need the other driver's information, including their insurance certificate. Typically a police report will include these things, and you should get a copy of that report as soon as possible. It's important to remember that you need to surrender that same information, and you never want to leave the scene of an accident before it's collected.

If possible, get photos of the accident as well. Most people have cell phones with cameras, and a few snapshots will help you if you need to make a claim on your insurance.

Seeking Legal Help

Do you need to get an attorney after an accident? Much of this will depend upon the extent of the accident, if you've suffered injuries, and your own insurance coverage and area. In some locations you can sue the other driver for damage to your car over and above what your insurance may cover.

And if you have injuries you want to be sure that you get as much compensation for medical bills and lost wages as possible, even if you're at fault. An attorney can review the facts in your case and can advise you if you need to pursue it further with litigation. In some cases, this litigation may also be against your own insurance company if they fight paying medical bills of yours and other such expenses.

Never assume anything when it comes to a car accident and your best course of action. This article is not meant to provide legal advice. Always speak to an attorney and get the right legal counsel that will protect your interests.

Visit this link for more information from Wurtzel Law of Long Island, NY

Is it Necessary to Consult a Personal Injury Lawyer for A Bike Accidents with Minor Injuries?

• If only minor injuries were sustained you may be able to settle the claim yourself
• Compensation for damage to your bike should be fairly straight forward.

If you have been in a bike accident, which involved the driver of a motor vehicle and were lucky enough to only sustain minor injuries, you may not feel it is necessary to consult a personal injury lawyer. However, even some minor injuries can interfere with the performance of daily tasks and may lead to further medical problems down the line. For example, you may have only suffered from a few scrapes and bruises but if you fell heavily or badly twisted your body in the fall, you may suffer from back problems in the future. It is important to seek medical treatment as soon as possible after the accident and do not rush to settle a claim with the driver’s insurance company, until you are sure you have no ongoing medical problems resulting from the incident.

If your injuries were only minor and required no or only minimal treatment and there is no dispute over whose fault the accident was, it might be that you can settle the claim yourself, without the need for a personal injury lawyer. However, if liability is in dispute or negotiations are getting protracted and complicated, it might be in your best interests to seek legal advice.

If you are seeking compensation for damage to your bike or other equipment, then the settlement should be fairly straight forward. If your bike was completely destroyed in the accident then you should be reimbursed for a fair market value of the bike at the time of the accident. If the bike can be repaired then you can claim the cost of the repairs. However, remember that if you are found to be partly to blame for the accident, any reimbursement will be reduced by a factor in line with your contribution to the incident.

This article is not a substitute for legal advice and is not intended to be. If you wish to speak to a bicycle accident lawyer, contact the Tampa based offices of the Jodat Law Group, helping clients through out Florida with personal injury claims.

Maintain Records Following An Automobile Accident

• Don’t rely on your memory for key facts after an accident
• Keep a good record of your expenses following an accident

If you have been involved in an automobile accident it is easy to think that the police or insurers or your lawyer will do all the record keeping, or that you’ll easily be able to recall all the details later, but after the initial shock of the accident is over and you start on your recovery process and filling in reams and reams of paperwork for the insurers, it is easy for little details to be forgotten.

To ensure an accurate record of all events and expenses is kept, start a journal immediately following the accident, write down everything you can remember about the way the accident happened and who was involved. Keep a careful note of any expenses suffered as a result of the accident and injuries suffered – for example taxi fares, medical expenses, home help, specialist equipment. Make sure you get and keep receipts for any expenses as you can only claim for something you can prove. If you are unable to work obtain official documentation from your doctor and your employer.

Make sure you document any pain and suffering resulting from your injuries, keep a record of doctors appointments, any therapy required, possibly counselling. Every time you have an appointment make a note of who it was with and their contact details. It may also be an idea to photograph your injuries and keep a record of your progress this way.

You will likely spend many hours on the phone to your insurance company. Keep a record of all conversations, who they were with, the date and time, what was said and what action you were asked to take or they stated they would take.

Make sure you keep everything relating to your accident together in one folder; all your notes, receipts, paperwork, photographs. If you are keeping computer records, make sure you back everything up regularly or print off your notes at each stage.

A clear record of how an accident has affected your life is crucial to your personal injury claim. This article should not be taken as legal advice. If you have been involved in a car accident or other incident resulting in personal injury and would like to talk to a lawyer please contact Kris Barber of The Barber Law Firm in Dallas, Texas.

Government Benefits

In a world where the government should take care of its people with all the taxes and fees that get cut off from our salaries, we can still claim refunds for some of them. A huge majority of people who are still willing and able workers apply for social security disability. They do collect disability benefits, because of this one main reason: the amount of money they earn determines their social security disability claim. It holds no bearing whatsoever to the kind of work that they do. For you to be entitled to SSI benefits as well as social security disability, you need be earning as much as the Substantial Gainful Activity, SGA amount. To be able to be declared substantially gainfully active, all you need to be earning is a minimum of what the SGA pays through salaried work. This means that you are not disabled if you actually are substantially gainfully active hence you are entitled to the claim.

How Much Will Workers Receive

The current bottom sum for all those salaried workers is $940 per month (as per the 2008 pre tax calculations). So if an applicant chooses to work, and find that they earn less than this bottom amount then they could apply for this payment since they are already eligible due to their low income status. Applicants who have an approval or intend to seek consideration should remember this: If you as an applicant are a full time worker and you get the full SGA amount, then the chances are you do not have to lose eligibility for your benefits.

Trial Work Period

What happens is that once applied, the beneficiaries are subjected to what is known as a trial work period which can last up to duration of nine months. The name trial work period is given to put forward that the applicant can attempt to go back to work without nullifying their eligibility. Those who are able to get back to work but for some reason or other have been unable to stay for the whole 90 days required to be on the job are able to be claimed under unsuccessful work attempt. It should be noted however that an unsuccessful work attempt claim does not nullify your eligibility for the benefits available.

This article is not intended as legal advice.

Further reading: Visit the site of Your Internet Disability Attorneys, Mike Murburg P.A. for information about trial work period. Serving throughout Tampa, St. Petersburg, and Clearwater, Florida.

Defining Criminal Law

Criminal law, also known as penal law is a term used to refer to different rule bodies in distinct jurisdictions. One common characteristic of these rule bodies is the propensity for distinct and serious judgments as punishments for failing to comply. Criminal punishment which depends on the jurisdiction and offense committed can include the loss of one’s liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities.

There are various archetypal crimes such as murder. It is worth noting the forbidden acts are not completely consistent between distinct criminal codes. However, even in specific codes, the lines may be unclear. This is because civil refractions are also likely to give rise to criminal outcomes. In most instances, it is the government that enforces criminal law. This is unlike civil law which could be implemented by private parties.

Punishments of Criminal Law Violation

Criminal law is different for two reasons; the failure to put up with its regulations and the uniquely severe possible outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical outcomes could be imposed. However, these outcomes are forbidden in most parts of the universe. Depending on one’s jurisdiction, individuals could be in a range of conditions. Incarceration could be solitary. The confinement period could be as short as one day and as long as one’s entire life. Supervision by the government including house arrests, confiscating property and money from individuals convicted of offenses could be imposed. What is more, offenders could be obligated to conform to specialized rules as part of the probation and parole regimen. By punishment, there are five widely accepted objectives in the enforcement of criminal law that an attorney seeks to defend offenders against. These are retribution, incapacitation, deterrence, restitution and rehabilitation. However, it is worth noting that when it comes to the value placed on each one of them, jurisdictions differ.

Objectives of Criminal Law Enforcement

Retribution – Offenders must undergo some kind of suffering. This is the objective most commonly seen. Offenders are considered to not only have caused unfair detriment on others but also to have taken unacceptable upper-hand. Accordingly, an attorney with the help of criminal law is said to put the offenders in an unpleasant disadvantage hence balancing out the scales. Individuals surrender to law so as to gain the right not to be killed. If individuals flout the laws, they give up the rights given to them by the laws. Therefore, individuals who kill may also be killed. One related hypotheses contains the correcting the balance idea.

Deterrence – Individual deterrence is intended at specific criminals. The intention here is to impose adequate punishment so as to discourage offenders from criminal behavior. General deterrence is intended for the general public. By imposing penalties on offenders, other people are put off from committing the same crimes.

Incapacitation – This is intended to keep offenders away from the public so as to protect society from their delinquency. Today, courts of law with the help of attorneys use prison sentences to attain this. Banishment and the death penalty also serve a similar purpose.

Rehabilitation – Courts of law and the attorney use this to transform criminals into useful members of society. Its chief objective is to convince criminals of their wrong doing thus preventing more crimes from occurring.

Restitution – This is a punishment theory that is victim oriented. The intention is to use the state authority to fix damages inflicted by criminals on innocent victims. For instance, individuals who misappropriate are required to reimburse the amount acquired unjustly. Usually, restitution is put together with other chief objectives of criminal law and is directly linked to civil law ideas.

This article is not intended as legal advice.

Visit the site of Law Offices of Michael Lowe for information about violations of criminal law. Serving throughout Texas and Dallas.