It happens all of the time. Too many car accident victims listen to poor advice from misinformed family members and friends. Although they have good intentions, the bad advice you hear from non-lawyers can destroy your case causing you to get no money or less money than you deserve. Once this damage is done your attorney will be able to do little to help you. This article will provide you with the information you need to avoid many of the common mistakes.

Why is it so easy for accident victims to damage their own car accident cases?

The primary reason that it is so easy for you to damage your own car accident case is due to the fact that the process was specifically designed to work that way by the car insurance companies. There are certain rules that the insurance companies must abide by as set forth by State law. These rules determine much of the way that an insurance company is allowed to communicate with the accident victim, but the rules fall short and leave a large portion of the process open to interpretation. The insurance companies use this to their advantage.

To summarize, the insurance companies can technically play by the rules (meaning they are not breaking any laws), but they can still deny your claim or reduce the amount of financial compensation that you receive based entirely on a technicality that they have complete control over.

If you think “That’s not fair!” We agree with you.

How an attorney can help you!

Now that you have a better understanding of how the insurance companies are able to get away with some of the tricks that they pull, you are probably left wondering, “How can an attorney help?”

There are many misconceptions about “how” a law firm helps you win your case. For some reason, most attorneys have always operated in relative obscurity as if they did not want to reveal their techniques. On the contrary, our firm feels that it is important for our clients to understand all of the hard work that we are doing for them. With that in mind, we offer this explanation: The way that an experienced attorney helps you win a car accident case is by understanding the tricks that the insurance companies use, and beating them at their own game.

It’s really that simple, or that complicated depending on your attorney’s level of experience. Our firm knows the techniques that the insurance companies use and we know how to navigate through the process and avoid all of the pitfalls.

Arguments, techniques, and technicalities exploited by the insurance companies

You may be asking yourself, “So what exactly are these tricks that the insurance companies use?”

Here are a few examples:

1. Anything you say can be used against you

When you speak to an insurance company representative, everything that you say can and most likely will be used against you, if at all possible. It is human nature for us to change our stories ever so slightly if we are asked the same question in a different way–and I am not talking about lying. Being asked for new information or being asked to explain the same event but from a different point of view causes us to think about events and circumstances in a different way. This brings to light new information that, in the big picture, does not change the events of your accident, that is, until the insurance company twists your words in an effort to deny or reduce your claim.

As an example, let’s imagine that you were in an accident where you were rear-ended. While talking to the responsible party’s insurance company they ask you to explain your side of the story. You explain that their insured driver hit your vehicle from behind while you were slowing for traffic. Under Texas law that would mean that their insured driver is at fault, aside from a few extreme situations. The adjuster may ask you, “So they were following you too closely?” Naturally you would agree with that statement as the whole reason that the accident happened is that they did not leave enough braking distance to stop without hitting you. The insurance adjuster might then ask you if it was making you angry that they were following you so closely. Naturally you will reply, “Yes!” Their next question may be “Do you normally stop early so that you avoid hitting the car in front of you?” Naturally, you say “Yes.” What you do not realize is that they just got you to admit that “stopped early”. You inadvertently opened the door for them to accuse you of “brake checking” the other car. You admitted you were angry that they followed you too closely. You admitted that you “stopped early”. All the adjuster must do is catch you off guard with an accusation, and you just accidentally destroyed your own case.

An attorney will help you avoid all of this nonsense by speaking to the insurance company on your behalf, thereby eliminating the possibility that they can use your words against you altogether.

2. They ask you to repeat everything

Each time you call to check the status of your claim you will probably notice that you find yourself explaining your story over and over again, and that the call is often taken by a different person than your adjuster. This is not a coincidence. This is yet another part of the above-mentioned strategy. They are creating an opportunity for you to slip up and say anything that they can use against you.

On the contrary, when you have an attorney, one single adjuster will communicate with the attorney, thereby eliminating the effectiveness of this technique.

3. Lapse of treatment

A common argument used by the insurance companies is that you waited too long after the accident to get treatment for your injuries. This is known as a “lapse of treatment” argument. For example: You are involved in an accident where the other driver rear-ended you and a witness corroborates your story. Clearly the other driver at fault so their insurance company isn’t going to argue liability (in theory). They accept liability and now their new mission is to pay you as little as possible. The insurance company discovers that you waited two days after your accident before you went to see a doctor. While you and I know that is a reasonable time period, as most injuries do not fully manifest themselves immediately after an accident, the insurance adjuster will insist that this lapse of treatment is an indication that your injuries are less severe than you claim. This creates a perfect opportunity for the insurance company to trivialize your injuries and offer you a ridiculously low offer.

An experienced attorney will establish a causal link between your injuries and the accident that would be quite challenging for the insurance company to refute.

4. Lack of police report

If you did not call the police to come to the scene after your car accident you are playing right into the insurance company’s hand. This creates a situation where it is your word against the other driver’s, and believe me when I tell you that you would be shocked to discover just how many people will lie about their liability in a car accident. If you do not have a police report that shows the other driver to be at fault, the insurance company can certainly use that against you. This goes back to the issue of the insurance company having a lot of freedom in interpreting the rules. If there is a police report that shows their driver to be at fault, they will have a hard time arguing against that. But create an opportunity for them to have a reasonable chance at denying liability, and they will certainly take advantage of that.

An experienced attorney knows that even after the accident, there is often physical evidence that shows what really happened. Our firm will often conduct our own investigation that produces a result similar to a police report when one is not available.

An Attorney’s Leverage

With all of that in mind, what makes the insurance company want to play fair with the attorney? Where does the attorney get this “power” from? In The State of Texas, an accident victim has two years from the date of the accident to file a lawsuit. Insurance companies do not want to deal with a lawsuit because it creates an opportunity for them to go before a jury, and, let’s face it, juries are not usually kind to insurance companies. Your attorney will negotiate with the insurance company and attempt to get you the compensation that you deserve. The attorney uses the possibility of a lawsuit as leverage against the insurance company. Your attorney’s presence effectively implies, “Treat my client fair or we will sue you!” Naturally, the effectiveness of that threat is proportionate to the attorneys’ ability to win cases. Our firm wins. The insurance companies are aware of this, and they take us seriously.

In conclusion, the best way to avoid damaging your case is by contacting a lawyer immediately after your car accident, before you ever have an opportunity to fall into an insurance company trap. The experienced car accident attorneys of our Law Office will listen to your story, help you make informed decisions, and guide you through the process toward a favorable outcome. Don’t be a victim twice.

If you have any further questions or would like advice, please contact us for a free consultation. Our attorneys are happy to answer any questions you may have.

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What to Expect After a Kerrville Car Accident

Car accidents happen in Texas every day. This article describes the basic overview of what to expect after a car accident (from the perspective of the accident victim who has sustained an injury).

The process is generally made up of the following phases:

1. The scene of the accident

The car accident itself usually only takes a matter of seconds, but the specific details that occur in these moments will largely determine what to expect in the coming weeks or months. Instead of explaining what you should have done, I will list some of the common mistakes and hopefully, you can take advantage of this information to avoid those pitfalls.

You should always get a copy of the police report. If you fail to a copy of the police report you may create a situation where it comes down to your word against the other driver’s word. A potential client contacted our firm recently and shared a story where that was exactly what happened. His car was crashed into by a pickup truck that lost control when it was driving too fast in the rain. The victim chose not to call the police and a report was not filed. The victim filed a claim with the other driver’s insurance company and they conducted an “investigation”. When the insurance company asked their insured driver he just lied and claimed that another car hit his truck which caused it to spin out of control and crash into the real victim. It was an utter fabrication, but the insurance company used that lie as the basis for denying the victim’s claim all the while claiming that the imaginary 3rd car was to blame and that the victim should track down their insurance company. Let’s get real here. The other driver’s insurance company did not actually think that some mysterious 3rd car caused the accident. They were simply in a position to deny coverage for the victim based on a technicality and they did just that.

Do not trust the other driver. Often, the other driver will try to talk you into accepting payment out of pocket instead of dealing with their insurance company. DO NOT FALL FOR THIS! While the other driver may not have malevolent intentions, it is very likely that they do not have the resources to pay for your property damage and your injuries out of their pocket. Few people have that kind of money lying around, and those that do are usually smart enough to have insurance to protect their assets. Even if you only have minor injuries your medical expenses can still approach several thousands of dollars quite easily, and few people have the assets to properly compensate you for these injuries. Additionally, they may give you an excuse as to why they need to leave the scene, but they promise to meet up with you later to exchange insurance information. You should never allow this to happen. Chances are, you will never see them again.

If you have been injured, go directly to the hospital. Failure to get medical care in a timely fashion will diminish the validity of your assertions of pain and suffering, and it will effectively give the insurance company another argument to make against paying you a reasonable amount of money. Put yourself in the insurance company’s shoes. As far as they see it, if you did not even bother to go to the hospital, you must not have been injured that bad. An experienced car accident lawyer can help you overcome this argument. Nevertheless, this is an argument that you need to be aware of.

2. Treatment

The second phase of the process involves getting the treatment you need for your injuries. Getting your health back on track is the most important aspect of your car accident case for obvious reasons. The way that the treatment phase is handled will also have a dramatic impact on the financial outcome of your case.

As a car accident attorney, I hear countless stories from my clients where a relative has given them some pseudo-legal advice. The vast majority of it is completely inaccurate, but probably the worst example I have ever heard is where a client’s relative advised her not to take an ambulance to the emergency room after her accident (in which she suffered significant injuries) because the ambulance bill would ultimately be taken out of her settlement and she would get less money in her pocket. That is a very skewed perception. Any and all medical bills serve as the foundation for any civil action taken against the responsible driver and their insurance company. In short, the more legitimate medical expenses that you have, the greater the potential value of your case. Conversely, if your medical expenses are too small the insurance company will have a strong argument that your damages are too small to justify any type of decent settlement. The rationale is that if you are not injured badly enough to see a doctor then you are not hurt badly enough to justify an insurance settlement. If you are legitimately injured and you have already let time pass between your accident and treatment, or you have not received enough of the treatment you need to validate your claim, our lawyers still may be able to help you save your case. We recently tried a case in which a young woman was rear-ended and she suffered a back injury. Because she did not get the proper treatment, her severe injury had gone mostly undiagnosed. The insurance company offered her $900 for her pain and suffering. Luckily, the client knew a bad deal when she heard one, and she hired our firm to represent her. By getting her the treatment that she needed, which resulted in substantive medical expenses that we could base her lawsuit on, we were able to turn her $900 offer into a six-figure settlement.

3. Claim

The third step in the process is the claim phase, whereby the accident victim or their attorney will file a claim with the other driver’s insurance company. Technically speaking, the claim will be ongoing at the same time as the treatment phase. For most people, the claim process starts just after the car accident occurs. The vast majority of our car accident clients made an attempt to resolve the issue with the other driver’s insurance company and they turn to us only when they realize that they are not going to be treated fairly. Once a lawyer becomes involved, the accident victim can just focus on getting better and the lawyer will now deal with the hassles of the claim process. The lawyer “runs interference”, so to speak, for their client. This is a great benefit for the client as it insulates the client from the adjuster’s tricks.

The claim is divided into two sections: The property damage claim, and the personal injury claim. They are often handled by two or more different insurance adjusters, of which the more aggressive and experienced adjuster will handle your personal injury claim. There is not a whole lot of “gray area” in the property damage claim. A car will have X value and Y amount of damage. If the cost of repairing the damaged vehicle is reasonably proportionate to the value of the vehicle, the insurance company will fix it. If the cost of repair will cost almost as much as, or more than the value of the car, they will simply deem the car a total loss and cut you a check for the approximate value. While the price they give you is not always fair, the process of determining value is, for the most part regulated and this affords the adjuster few opportunities to play games.

On the contrary, the personal injury portion of the claim is considerably different. The rules are largely open to interpretation and the insurance companies often treat injured victims unfairly. The primary reason for this poor treatment comes from the fact that health care costs a great deal of money. The insurance company, just like any other business, would like to pay out as little as they can. They employ many techniques to keep you from getting all that you are entitled to. In their defense, the insurance companies do have a tricky job in the sense that they have to deal with the abundance of scammers out there, who attempt to lie about their injuries and commit insurance fraud. While that is a daunting task, it most certainly does not excuse the insurance companies from the way they mistreat honest people with real injuries.

4. Property Damage Resolution

Once liability has been determined, the other driver’s insurance company will compensate you for the damage to, or loss of, your vehicle proportionate to the amount of liability that they have. The property damage situation is generally resolved long before the personal injury portion due mostly to the fact that the claims process for property damage is pretty straightforward. Matters related to property damage are more closely regulated by The State, so the insurance companies usually don’t mess around way they do with the injury portion of the claim. As an added benefit to our clients, our lawyers can handle the property damage negotiations as well. We do NOT charge attorney fees for helping with this part of the process.

5. Injury Resolution

The moment the client has completed their medical treatment, our attorneys will calculate all of the client’s damages. The term damages refers to any and all money that a client deserves as a result of the accident. Some types of damages are more apparent such as compensation for medical expenses, lost wages, and pain and suffering. There are other more obscure forms of damages as well. For example, you can be compensated for mental anguish if your accident has caused you to suffer from depression. If your injury has made it hard for you to be intimate with your spouse or partner, you can be compensated for that as well. There are numerous forms of damages, and our lawyers work to make sure that you are compensated for everything that you are entitled to.

Once all of your damages have been assessed, a “demand packet” is sent to the other driver’s insurance company (or their attorneys if applicable). Upon receipt of the demand packet, the negotiations begin and our attorneys fight to reach a fair resolution for our client. If both sides can arrive at a fair agreement the case is “settled”, meaning the defendant or their insurance company pays an agreed-upon amount to our client. If such an agreement can not be reached, then the case will likely go to trial and a jury will decide the outcome.

If you have any further questions related to how car accident cases work, feel free to contact us. Our attorneys are happy to answer any questions you may have.

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Can you really trust an insurance company?

As a car accident attorney, I often hear a phrase: “The insurance adjuster seemed so nice… I thought I could trust them.” Unfortunately, this phrase is always followed by an explanation of how the adjuster has tried to (and in some cases succeeded to) take advantage of the accident victim.

If you have been involved in a car accident, you will likely have to deal with an insurance adjuster at some point in the claims process. The vast majority of our firm’s clients hire us after they have realized that the insurance adjuster is not going to treat them fairly, and or the insurance adjuster is not going to offer them a reasonable settlement. (Note: The sooner a lawyer becomes involved in your case, the greater the likelihood of a high dollar settlement.) More often than not, the accident victim does not realize that they are being taken advantage of until it is much too late because the insurance adjusters are nice to them and the accident victim has no idea that they are being led into a trap.

In my 20 years of practicing this type of law, one thing remains certain:

THE INSURANCE ADJUSTER IS NOT YOUR FRIEND!!!

To put this into perspective I want to share a story that is, unfortunately, a true story about a woman who fell for the “We care about you” act. Her misplaced trust cost her potentially millions of dollars.

For twenty years, I have been trying to help victims who have been involved in 18-wheeler accidents. This work unfortunately puts me in frequent contact with the insurance companies that provide coverage for the trucking industry. I have seen these insurance companies employ countless deceitful tactics to preserve their bottom line, but few cases have stuck with me as long as the story of Jackie.

Jackie was a mother of three, married to her high school sweetheart, Joe. Joe was killed by an 18-wheeler. He was changing a flat tire on the side of the road, when an inattentive 18-wheeler driver swerved onto the shoulder and struck Joe, killing him instantly.

The insurance company providing coverage for this 18 wheeler knew about Joe’s death before Jackie did. They had already sent an attorney and an accident recreation expert to the scene to build a case against Joe by the time Jackie even got the news.

Needless to say, Jackie was devastated when she heard. The insurance company quickly realized that the 18-wheeler driver was liable for the accident. Jackie had gone to the morgue to identify her husband’s body, where she was confronted by an insurance adjuster with a settlement offer. Jackie was furious.

Unfortunately, this is a common tactic employed by insurance companies. They will often send an insurance adjuster to a victim’s family shortly after the incident, hoping to take advantage of the tragedy in order to protect their bottom line. But in this situation, Jackie’s brother forced the insurance adjuster to leave.

Jackie’s brother also suggested that Jackie sue the trucking company. But Jackie said that she was not “money-hungry.” She trusted the insurance company to compensate her fairly. The accident was their client’s fault, after all. Surely they would help her in this crisis.

For two weeks, Jackie received countless phone calls. Eventually, she agreed to meet with an insurance company representative. The insurance adjuster came prepared. She had a settlement package already filled out, ready for Jackie’s signature – and she was very aggressive in seeking it. The adjuster also convinced Jackie that, if she took the trucking company to court, she would only receive compensation for her husband’s lost wages. This, of course, was a bald-faced lie.

Jackie was frightened and overwhelmed. She was faced with the prospect of raising her three children alone. She was suspicious, but she agreed to accept the settlement if she could have it reviewed by an attorney. Without missing a beat, the insurance adjuster got on the phone and brought an attorney to Jackie’s house.

Little did Jackie know that the attorney was employed by the insurance company. He glanced over the settlement and told Jackie that it was the best offer she was going to get. Reluctantly, she signed the settlement.

Only too late did she realize how small the settlement really was. With the help of an experienced attorney, she could have received compensation for her husband’s lost wages, any funeral expenses, the loss of companionship caused by his death, and possibly even punitive damages. She deserved a million-dollar settlement. What she got was a settlement worth only a few years of her husband’s wages. And to make matters worse, the settlement was written in such a way that, once Jackie’s children were grown, her payments dwindled to $600 per month. $600 per month as compensation for the loss of the man she loved.

I wish I could say that this was a one-time incident, but this sort of thing happens every day. The insurance adjuster who essentially scammed Jackie out of the compensation she deserved was likely hailed as a company hero, saving the insurance company millions of dollars.

The bottom line is that these insurance companies care only about their own profits, and they will do almost anything to protect themselves. If you or someone you love has been involved in an 18 wheeler accident, you must seek out an experienced attorney immediately. Don’t fall for the tricks employed by these insurance adjusters. Make sure that you and your family receive the compensation you deserve.

As you can tell from that story, insurance companies will often resort to unscrupulous methods to pay out as little money as they can. I find it interesting that our society can see through a sales pitch, or at least recognize that it is one, yet they rarely second guess the sales pitch of an insurance adjuster.

If you plan to deal with an insurance adjuster without an experienced attorney to help you, you must, at the very least, be aware that the vast majority of what they ask of you and say to you is a well-orchestrated pitch designed to lure you into a position where they can take advantage of your good nature. That effectively, IS, the insurance company’s business model.

I am a realistic attorney and I understand that there are people who would rather not hire a lawyer or sue and an insurance company. Additionally, understand that not every single car accident requires the expertise of an attorney. But, I do think that everyone who has been in a car accident should at least be aware that the insurance adjuster is not really your friend and that all of their supposed interest in your well-being is just part of the sales pitch. Generally speaking, if they are treating you particularly well it’s because they know they have some liability and they are trying to charm you into not suing them for big money while they attempt to pacify you with a small settlement.

In short, get a second opinion from our experienced attorneys before you accept any offer. You’ve got nothing to lose and potentially much to gain.

Just call to speak to one of our lawyers, and we will give you an honest appraisal of the situation as to whether or not you are being treated fairly by the insurance companies. We are glad to answer any questions you may have.

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No one expects to have to go through bankruptcy. People can do their best to stay on top of finances, and when one or more financial emergencies come at them, they find that they have no choice but to look into bankruptcy. If you discover that you are faced with bankruptcy, you can help yourself with the knowledge provided below.

Chapter 13
A personal bankruptcy settlement does not mean your debts are 100 percent discharged every time. Filing Chapter 13 bankruptcy permits you to reorganize your debt load and repay your creditors at least some of what they are owed. Some people are hesitant to file bankruptcy because they feel obligated to live up to the promises they have made to their creditors. When you file Chapter 13, you can still work with creditors to pay a portion of your debt without crushing under an overwhelming amount of debt.

TIP! As filing bankruptcy becomes more of a reality, don’t use your entire savings or your retirement funds to pay creditors or attempt to resolve insolvency. Don’t touch retirement accounts unless you don’t have a choice.

Try your best to keep a good credit record. Only file for personal bankruptcy if there is no other option. Lots of companies will settle for much less than the debt you owe, or at least come up with an affordable repayment solution. Avoiding bankruptcy is great for your credit score and can also be a money-saver. Also, prior to filing, looking into debt consolidation loans.

To rebuild your credit after filing for bankruptcy, try opening new credit lines. This could be challenging because of your damaged credit, but you can start with secured credit cards first. These cards often charge very high rates, but you are likely to pay a higher rate, regardless of the source of your credit. You will be better able to obtain loans and other forms of credit if you actively rebuild your credit and keep it in good standing.

Credit History
TIP! Ensure that you are providing genuine details when filing a bankruptcy petition, because honesty is the best policy when dealing with bankruptcy. You might feel tempted to not declare certain assets in your bankruptcy in order to protect them from forfeiture, but if you’re found out, the process could take longer, or worse, you might be banned from filing for bankruptcy completely.

Before you file for bankruptcy, carefully consider if it is the right option for you. Consider any other options that are available to you, such as consumer credit counseling. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.

It’s not going to be fun and it’s not going to be easy, but you can simplify the process if you’re reading the right information. The process will get easier as you learn all you can. The above article has provided a lot of this knowledge so that you’re able to deal with your finances with less stress.

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Reasons Why Personal Bankruptcy Might Be Your Best Option

You should know that you are not alone if you feel overwhelmed by debt. In a quick amount of time, you can go from being in a tiny bit of debt to a situation that suddenly spirals out of control. Unfortunately, this problem is difficult to fix, once you realize you have it. Read on to find tips, insight, and valuable information for clearing your debt and getting a firm grasp on your finances.

Do not use a credit card to pay income taxes and then file for bankruptcy. The fact is that the credit card debt will be ineligible for discharge, and your tax debt may increase. In most cases, you can use the adage that “a dischargeable tax is a dischargeable debt.” This means using a credit card is not necessary when it will just be discharged.

TIP! If you are faced with the choice of filing for bankruptcy or using your emergency fund or retirement accounts to pay creditors, opt to file for bankruptcy. Unless there is no other choice a retirement account should not be used.

Think through your decision to file for bankruptcy carefully before going ahead with it. There are plenty of other options open to you, like consumer credit counseling. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.

Make sure you keep reminding your attorney about any important details in your case. Don’t assume that they will recall every detail that you go over with them without a friendly reminder. Remember that you’re the boss. You’re paying your lawyer, so you should not be afraid to have your say. After all, the quality of your life hangs in the balance.

Do not give up. You might even be able to get back secured property that has been repossessed in the 90 days before filing. If the property you own has been repossessed under 90 days before the bankruptcy filing, you may still be able to get it back. Consult with a lawyer who can advise you on what you need to do to file a petition.

TIP! If you know people who have filed for bankruptcy, ask them who they would recommend rather than relying on Internet reviews or worse, just randomly picking someone out of the phone book. There are plenty of companies who know how to take advantage of people who seem desperate, and it’s important to be sure your bankruptcy can go smoothly; take your time and choose someone you can trust.

There are certain life events that you have no control over. When you’re ready to proceed with filing, the above tips should provide a few solid guidelines to follow. Make sure that you don’t take them for granted. Use this information to make a fresh start!

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Too Many Bills? Too Little Money? Consider Personal Bankruptcy

If you are considering filing for bankruptcy, your life probably hasn’t been so great recently, but that doesn’t mean things can’t improve once you file. You are being given the opportunity to start again with a debt-free slate. Don’t look at it as the end of the world; read this article to help you determine how your life will be enhanced by bankruptcy.

If bankruptcy is an option for you, secure the services of an attorney. With all the ins and outs of bankruptcies, it can be hard to grasp all the knowledge. Personal bankruptcy attorneys can help make sure everything is done properly.

Use your attorney’s advice in choosing the type of bankruptcy that will be the best choice for you. There are many different types of bankruptcy. Get as much information as you can about each type of bankruptcy prior to your filing. You are going to have to figure this out for yourself and make a determination on your financial situation.

TIP! If you’re unsure, then you need to learn what a Chapter 7 bankruptcy can do for you, as opposed to what Chapter 13 does. Research both types of bankruptcy online, and weigh the positives and negatives each would offer you.

During your journey towards bankruptcy, you’re likely to talk to many of your creditors. If a creditor will agree to cut a deal with you, be sure to get a confirmation in writing. Your case can be greatly affected by agreements you can come to with debtors, so be sure you obtain any records regarding these agreements.

Just because you got alternative employment just prior to filing should not make a difference to your plans. Bankruptcy could still be your best option. Choosing to file can impact you well. If you get your filing posted before you start gaining new income, your means of repayment will be evaluated without taking it into account.

TIP! Remember to only file for bankruptcy if you need to. Perhaps consolidating your existing debt can make it easier to manage.

When you file for personal bankruptcy, it does not necessarily mean that all of your debts will be discharged. For instance, Chapter 13 allows you to plan a payment plan and to pay back your debt over the next five years. Most people think paying off their debts is a moral obligation, so avoid filing bankruptcy. With Chapter 13, people can escape their debts, but can still make good on what they owe to creditors.

Take a look at all of your financial options before filing for personal bankruptcy. Credit counseling is one option you should consider. Various non-profit companies are out there to give you assistance. They will liaise with those you owe money to and try to get better payment options opened to you. You’ll make your payments to the company, and the company will pay off your creditors.

Remember that just because you have filed for personal bankruptcy it will not cause you to lose everything you own. You get to keep your personal property. In other words, your clothes, your television, your computer, your furniture, your jewelry, and other household items are safe. Your current state’s laws, deciding between Chapter 7 or 13, and your current financial position will determine just how much you get to keep.

TIP! You may have heard bankruptcy referred to differently, either as Chapter 7 or Chapter 13. Learn the differences between the two before filing.

As mentioned earlier, the events that drive anyone to declare financial bankruptcy are not a happy story. Life after bankruptcy can be normal and happy. Actually, your life can become much better by following the advice presented here and moving forward past bankruptcy.

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Tips And Hints On Filing For Personal Bankruptcy

The circumstances that culminate in a bankruptcy filing are likely unpleasant, though they do not need to define the rest of your life. With a clean slate, it is possible to start over both financially and personally. Read this article to learn how bankruptcy is a constructive, not destructive, process in reshaping your financial situation.

Know the rights that you have as you file for bankruptcy. Occasionally, debt collectors will attempt to convince you that your debt isn’t eligible for bankruptcy. There are, indeed, some debts that cannot be bankrupted. Among them are student loans, child support and alimony payments. If any debt collectors tell you that their debts can’t be bankrupted, make a report with your state attorney general.

TIP! Be certain to have a good understanding of bankruptcy regulations prior to filing a petition. There are many pitfalls you can easily fall into, such as transferring away assets to prevent them from being included in the filing.

Research your state’s bankruptcy laws before filing your petition. The code governing personal bankruptcy is a complex area that is subject to much misunderstanding. Mistakes can also have your case dismissed. Spend some time learning about personal bankruptcy. This will make things easier in the long run.

Never take big cash advances from the credit cards that you own prior to filing for bankruptcy, even though you know that the debt will be erased. This could be considered fraud, and you may even be forced in paying all of it back to credit card companies.

Exercise some caution in repaying your debts when you know a bankruptcy filing in your future. Find out from a bankruptcy attorney what a court needs to see as a cut off date for the last time you pay anyone you owe money to. Make sure you have a complete understanding of what is occurring prior to making any final decisions.

TIP! Exhaust all other options prior to filing personal bankruptcy. You might want to look into the possibility of credit counseling instead.

It is possible that a bankruptcy might actually be smarter over the long term than struggling month to month with consistently late or missing payments. Though bankruptcies can remain on your credit record for 10 years, it is possible to begin credit repair initiatives immediately. This is why people call bankruptcy a fresh start.

After filing for bankruptcy, many individuals vow they will avoid the use of credit cards and all forms of credit. This may not be such a great idea because you still need credit to help build better credit. If you do not rebuild your credit rating, you will not be able to buy a car or a home on credit again. Keep it simple with one card and take a slow approach to rebuilding.

As stated before, unhappy events may have led you to declare bankruptcy. But, that does not mean that your post-bankruptcy life cannot be fantastic. The truth is, that by using the tips in this piece, it is possible to make bankruptcy a positive experience that gives you the fresh start you need.

TIP! You need to start getting responsible with your money even before you file for bankruptcy. In other words, you do not want to waste your efforts by starting to ring up more and more debt.

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Shedding Light On The Steps For Bankruptcy

There is not much scarier than a mountain of debt. Once you realize how much in debt you are, it can make you lose your focus on everything else in life. It’s unfortunate that once out of control, debt problems are very difficult to resolve. Continue reading to learn great advice to help you understand what you need to know about bankruptcy and debt.

Learn the differences between Chapter 7 and Chapter 13 bankruptcies. In Chapter 7 most of your outstanding accounts will essentially be erased. All the things that tie you to creditors will go away. With a Chapter 13 bankruptcy, you will have to make payments for 5 years before the debts are forgiven. Look into both types of bankruptcy before deciding which one would suit your particular needs.

Bankruptcy can be a good time to spend time with people you love. The process of bankruptcy can seem brutal. It’s generally stressful, lengthy and can make people feel guilty, ashamed, and unworthy. Some folks tend to stay in the shadows until their case has concluded. However, becoming a hermit will only increase feelings of self-doubt and could make you depressed. Because of this, you need to make sure you spend as much time as you can with your family and friends, even if you are ashamed of your finances.

TIP! Do not file for bankruptcy if your income is greater than your bills. Though bankruptcy may appear to be a good way to escape your debts, it does affect your credit negatively for a fairly long time.

Do not use the word “shame”, if you go bankrupt. Going through the filing process often brings out the worst in people, causing them to feel a variety of negative emotions. Do not let these negative feelings influence your decision. Having the right outlook during a tough financial upheaval is a great attitude in coping with bankruptcy.

Facing bankruptcy is a negative situation that can bring on stress. Working with a good bankruptcy lawyer can help make the process a lot smoother and less stressful for you. Try not to pick a lawyer based on cost alone. While the person you select does not have to cost the most, they should be competent and reliable. You can get good information about attorneys from friends, the internet, and free consultations that most attorneys provide. You might be able to view a court hearing. You might be able to watch how your prospective attorney handles the case.

Don’t wait until the last minute to file bankruptcy. Do not avoid your creditors; they will not go away. It is important to decide on a course of action as soon as you begin experiencing financial problems. If you have failed to make payments for several months but have continued making purchases on credit, your petition may be denied. As soon as you realize your debts far outweigh your income, call a bankruptcy lawyer to talk about what your choices are.

TIP! Do some research about bankruptcy laws before filing for bankruptcy. For instance, you are not allowed to move assets from your name to someone else’s for a year before you file.

There are times when the events of life can be quite overwhelming and you can feel quite helpless. This article just gave you a few good pointers on what you can do in order to gain control of your finances when facing bankruptcy. Use these tips to see positive life changes.

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Techniques For Getting The Most Out Of Filing Bankruptcy

It’s normal to feel angry and frustrated when going through bankruptcy. People going through bankruptcy worry about living in debt while trying to survive. You will find there is help, and it is called bankruptcy.

One critical element for anyone filing a petition for bankruptcy is, to be honest in everything you do. Resisting the temptation to hide income or valuable assets from the bankruptcy trustee is a smart way to avoid potential complications, penalties, and the possibility of being barred from re-filing in the future.

Prior to putting in the bankruptcy paperwork, determine what assets are protected from seizure. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. Make sure to review the list before filing a claim so you know if your valuables will be subject to seizure. If you fail to do so, things could get ugly.

TIP! You can find a wealth of information concerning personal bankruptcy by searching for websites that offer information about it. Run a quick Internet search to find out all the different agencies you should be contacting or visiting via the web to find out what you can.

Don’t ever pay a bankruptcy attorney for a consultation, and ask a lot of questions. You can meet with a few lawyers before deciding on one. Most lawyers provide a free initial consultation. Choose to file only if your lawyer has convinced you that this is the best decision. You don’t need to decide what to do right away. Consulting with several attorneys will also help you find someone you trust.

Find out more about Chapter 13. If you are receiving money on a regular basis and your unsecured debt is under $250,000, you may be able to file Chapter 13 bankruptcy. This will allow you to keep your personal property and real estate and repay your debts via a debt consolidation plan. Expect to make payments for up to 5 years before your unsecured debts are discharged. Keep in mind that missed payments will trigger the dismissal of your case.

TIP! Before you file for bankruptcy, carefully consider if it is the right option for you. You have better options.

If your earnings are higher than your expenses then filing for bankruptcy is a waste of time and money. Although bankruptcy may feel like a simple method of getting out of your large debt, it leaves a permanent mark on your credit history for up to 10 years.

Look into all of your options before you choose to file for bankruptcy. Find out if you can receive a reduced interest rate or altered repayment plan instead of the bankruptcy filing. If you are about to lose your house, talk to your lender about a loan modification. These plans allow you a longer pay off period by extending the term of the loan, reducing the rate of interest, or forgiving late fees. When all is said and done, the creditors want their money, so sometimes it’s best to deal with a repayment plan than with a bankruptcy debtor.

This article has, hopefully, taught you that bankruptcy does not mean life is over. While filing for bankruptcy is initially an emotional downer, things will improve. Put the information you have found in this article to use so that you can have a very successful bankruptcy.

TIP! Use a personally recommended bankruptcy attorney instead of one found through the Internet or phone books. Don’t be taken in by some fly-by-night company that exists only to profit from the suffering of others.

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Tips And Hints On Filing For Personal Bankruptcy

The circumstances that culminate in a bankruptcy filing are likely unpleasant, though they do not need to define the rest of your life. With a clean slate, it is possible to start over both financially and personally. Read this article to learn how bankruptcy is a constructive, not destructive, process in reshaping your financial situation.

Know the rights that you have as you file for bankruptcy. Occasionally, debt collectors will attempt to convince you that your debt isn’t eligible for bankruptcy. There are, indeed, some debts that cannot be bankrupted. Among them are student loans, child support, and alimony payments. If any debt collectors tell you that their debts can’t be bankrupted, make a report with your state attorney general.

TIP! Be certain to have a good understanding of bankruptcy regulations prior to filing a petition. There are many pitfalls you can easily fall into, such as transferring away assets to prevent them from being included in the filing.

Research your state’s bankruptcy laws before filing your petition. The code governing personal bankruptcy is a complex area that is subject to much misunderstanding. Mistakes can also have your case dismissed. Spend some time learning about personal bankruptcy. This will make things easier in the long run.

Never take big cash advances from the credit cards that you own prior to filing for bankruptcy, even though you know that the debt will be erased. This could be considered fraud, and you may even be forced in paying all of it back to credit card companies.

Exercise some caution in repaying your debts when you know a bankruptcy filing in your future. Find out from a bankruptcy attorney what a court needs to see as a cut off date for the last time you pay anyone you owe money to. Make sure you have a complete understanding of what is occurring prior to making any final decisions.

TIP! Exhaust all other options prior to filing personal bankruptcy. You might want to look into the possibility of credit counseling instead.

It is possible that a bankruptcy might actually be smarter over the long term than struggling month to month with consistently late or missing payments. Though bankruptcies can remain on your credit record for 10 years, it is possible to begin credit repair initiatives immediately. This is why people call bankruptcy a fresh start.

After filing for bankruptcy, many individuals vow they will avoid the use of credit cards and all forms of credit. This may not be such a great idea because you still need credit to help build better credit. If you do not rebuild your credit rating, you will not be able to buy a car or a home on credit again. Keep it simple with one card and take a slow approach to rebuilding.

As stated before, unhappy events may have led you to declare bankruptcy. But, that does not mean that your post-bankruptcy life cannot be fantastic. The truth is, that by using the tips in this piece, it is possible to make bankruptcy a positive experience that gives you the fresh start you need.

TIP! You need to start getting responsible with your money even before you file for bankruptcy. In other words, you do not want to waste your efforts here by starting to ring up more and more debt.

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What You Need To Know About Personal Bankruptcy Now

If your financial situation is really bad and you’re looking at bankruptcy, then stop worrying. There are many effective ways to help yourself get back on your feet financially so you do not have to file for bankruptcy. Continue on for some excellent tips that will help you avoid filing for bankruptcy.

Don’t feel embarrassed because you are seeking bankruptcy. It is common for people to feel as if filing for bankruptcy is a symbol of failure. This can cause depression. It is best to view bankruptcy as a new beginning to your financial life, rather than a failure.

Don’t file for bankruptcy on a whim; do your due diligence first. Check your state’s bankruptcy laws to find out what types of property you may be able to retain and what types of debt can be included in your bankruptcy petition. Some debts like non-essential items you charged on your credit card within the past 90 days before declaring bankruptcy cannot be discharged. Make certain to review your state-specific laws.

TIP! Look for a local bankruptcy lawyer who has an excellent reputation. Ask if you can get a free consultation to find out if bankruptcy is the best option.

Some consumers filing for personal bankruptcy think they will struggle to get financing afterward. While there is some truth to this, your previous credit score may have been much worse. Make your payments on time and always pay a little more than the minimum amount to increase your credit score.

You should consider getting more money by obtaining another job. You may be able to avoid bankruptcy by negotiating with your creditors in order to find a workable plan for paying off your debt. They will often work with you so you do not have to file.

TIP! If you’re tired of receiving calls from creditors, you may want to think about filing for bankruptcy. The stress of excessive debt can be too much to bear.

When you are on the road to filing for bankruptcy, you are likely to have more than a few conversations with your creditors. For any agreements you make with them, always get written confirmation. If creditors exhibit flexibility in dealing with you, this could have a positive impact on your debt discharge. Thus, keeping records is key!

If you are planning to file for bankruptcy, never give or transfer any money or other assets to another party within 1 year of filing. This is a blatant attempt to hide assets and may result in your filing from being dismissed. Depending on the type of asset, it might be safe from the creditors. In any case, hiding your assets is a bad idea, and if you have made recent transfers, your filing will need to wait.

Resist turning to credit card use when you are facing bankruptcy. The temptation may be there to run up some purchases, but the courts do not look kindly upon this. While it may difficult, it is important to bring your spending under control. Now is the perfect time to work on developing excellent financial habits.

TIP! Filing bankruptcy doesn’t mean that you won’t have any more bills to pay at all, so make sure that you’re always keeping up with the payments. Making the minimum payments will lower your credit score and paying your debts back will take a very long time.

Planning can make a big difference. If it’s possible to get some more time to pay your bills, take it. Doing so can help you avoid bankruptcy. So get to it and devise a plan so that you do not have to file for bankruptcy.

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When You Need To File For Personal Bankruptcy

Bankruptcy filings bring both worry and relief, simultaneously. On one hand, having people go through all of your personal financial information can be formidable. The positive is that once the process has been completed, you will be debt-free and free of harassment from creditors. If you would like to make filing for personal bankruptcy much easier, simply follow the steps we present here.

When you are on the road to filing for bankruptcy, you are likely to have more than a few conversations with your creditors. Some creditors are willing to accept a percentage of the total owed, or to suspend interest and penalty fees. Make sure that you get written documentation of any offer they make. Ask for written agreements whenever you and your creditor come to an understanding.

Be sure to weigh all of your options before deciding to file for personal bankruptcy. For instance, a consumer credit counseling program may be a better bet if your debts are relatively small. It is sometimes possible to negotiate smaller payments by yourself. If you do this, make sure you save a written record of debt modifications that are negotiated.

TIP! Learn what you can about Chapter 13 bankruptcies. If your total debt is under $250,000 and you have consistent income, Chapter 13 will be available to you.

One of the best ways to learn more about the bankruptcy process is to hit the Internet and look up reputable bankruptcy websites. The United States Department of Justice, American Bankruptcy Institute, along with many other websites can provide you with the information you need. The more knowledgeable you are, the more you can be sure that you are making the right decision and that you are taking the right steps to ensure your personal bankruptcy goes as smoothly as possible.

If you are moving forward with a Chapter 7 bankruptcy, you need to learn how that can negatively affect anyone who shares loans with you. Debts that you shared with another will not be your responsibility any longer if you file for personal bankruptcy under Chapter 7. Although filing for bankruptcy excludes you from financial responsibility, co-signers will still be expected to pay the loan amount in full.

TIP! When filing for bankruptcy, list all of your financial information. Omissions or errors may cause your case to take more time to resolve, or even be rejected entirely.

Do some research to find out more about Chapter 13 and Chapter 7. If Chapter 7 is what you file, your debts will get eliminated entirely. You will be removed from any contracts you have with your creditors. But, with Chapter 13, you will be in a repayment plan for about 5 years prior to any debts you have being totally dissolved. It’s important to know what differences come with every type of bankruptcy. This will let you find out what’s best for you.

Once you have filed for bankruptcy, it is crucial that you know about any new debts you may take one. Many lenders directly target those who’ve just had a bankruptcy, because they know that they can’t file again for years. Unfortunately, many times these offers have high-interest rates. They can put you right back where you started unless, you exercise very good financial discipline.

An excellent bankruptcy suggestion is to make sure you are prepared for the possibility if your bankruptcy claim is denied. If you are prepared for everything beforehand, then you will be ready for anything that comes your way, even if your car or home is taken away from you.

TIP! Bankruptcy could be a solution for you if your credit has spiraled out of control. You can alleviate the stress in your life and gain some much-needed breathing room by filing a claim.

Think about the pros and cons before filing. Never forget that being well-informed is always the key to a successful bankruptcy, no matter what your reasons for filing are. The tips in this article can help you handle bankruptcy more easily. Incorporate these tips into the process and watch how much better you feel.

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Going through bankruptcy is a stressful experience. When things are tough financially, your credit options are limited. However, do not give in to despair. There is a way to get your financial difficulties under control and this article will show you how to get started.

It’s important that you understand what bankruptcy is and how it will change your life before you attempt to file a claim. There is solid advice available from the NACBA, (Consumer Bankruptcy Attorneys’ association) the ABI, (American Bankruptcy Institute), and the United States Department of Justice. Knowing as much as possible about bankruptcy gives you an advantage and will help you make the best decision possible.

One critical element for anyone filing a petition for bankruptcy is, to be honest in everything you do. Remember that if you hide your valuable assets or income from your bankruptcy trustee, you may risk a number of penalties and complications. Among these is the possibility that you could be blocked from ever filing again.

Ask yourself if filing for bankruptcy is the right thing to do. Debt advisors are one of the many other avenues you can consider. Bankruptcy permanently affects your credit, so avoid filing until you have exhausted all of your other options.

Read This: If filing bankruptcy is in your future, don’t waste any savings you may have to attempt to pay off your debts. Don’t touch retirement accounts unless you don’t have a choice.

The best way to build your credit up after a bankruptcy is to make all your payments on time. Since it is important that you work to rebuild your credit, you should instead think about applying for a secured card. You can exhibit your desire to rebuild your credit this way. After using a secured card for a certain amount of time, you might be offered an unsecured card once again.

No good will come of trying to conceal your assets or your liabilities in the bankruptcy process; you want to be scrupulously honest when you declare bankruptcy. Wherever you file, that court has to be made aware of all details regarding your finances, positive and negative. Don’t withhold information, and create a smart way of coping with the reality of the situation.

Always be honest with the information you give about your finances. To avoid problems, penalties, and future re-filing bans, resist the urge to hide documentation or assets.

Read This: Once the bankruptcy is complete, you may find it difficult to receive unsecured credit. If you find that to be the situation, consider requesting secured cards.

Take the time to find a simpler solution to your financial issues, before filing for bankruptcy. If your debts are really not overwhelming, you may find the assistance you need by consulting a consumer credit counselor. You can also talk to creditors and ask them to lower payments, but be sure to get any debt agreements in writing.

There are two types of bankruptcy filing, Chapter 7 and Chapter 13 so make sure you know the differences. If you file for Chapter 7 bankruptcy, all of your debts will be eliminated. The ties with the creditor will be broken. Filing Chapter 13 differs by requiring you to agree to a 60-month plan to repay your debts before they are totally eliminated. You need to be aware of the pros and cons of each type of bankruptcy so you can correctly select the best choice for your situation.

Even when filing for bankruptcy you should now be aware that this should not put a damper on your life. If you don’t spend frivolously and repay lenders faithfully, lenders will be more willing to lend to you in the future. Save as much as you can and you will see the difference when you walk in for a new loan for a car or a home.

Find a bankruptcy attorney who offers free consultations, and ask lots of questions. Most lawyers offer free consultations, so consult with a few before settling on one. You should make a final decision only once all of the questions or concerns are sufficiently attended to. Take your time choosing the right attorney to assist in your bankruptcy. So, this gives you plenty of time to consult with several attorneys.

Read This: It is a good idea for you to hire an attorney to handle your bankruptcy process. With all the ins and outs of bankruptcies, it can be hard to grasp all the knowledge.

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Understanding What A Personal Bankruptcy Means For You

Many negative emotions are related to filing bankruptcy. People sometimes assume incorrectly that they are up against a wall, and there’s no way out. You will find there is help, and it is called bankruptcy.

When it soaks in that filing for personal bankruptcy, don’t use all of your retirement funds, or all of your savings to resolve insolvency or pay creditors. Retirement accounts should never be accessed unless all other options have been exhausted. You may have withdraw from your savings every now and then, but try to leave yourself some financial security for the future.

Ensure that you are providing genuine details when filing a bankruptcy petition, because honesty is the best policy when dealing with bankruptcy. You can lose the right to file bankruptcy now or in the future if you try to withhold information about your assets and income. So it is critical that you disclose everything honestly to avoid that and any other penalties the trustee might impose if he discovered your attempt to hide information from the court.

Filing for bankruptcy is something many people are forced to do when their debts become too much of a burden, and they can no longer afford to pay them. When you are faced with this issue, begin to familiarize yourself with your state’s laws. Different states use different laws when it comes to bankruptcy. Some states protect your home, and others do not. Before filing for personal bankruptcy, be certain that you are familiar with the laws.

Read This: Do not use a credit card to manage your tax issues and then try to file bankruptcy. In many areas of the country, this debt will not be dischargeable, and you could be left owing a significant amount to the IRS.

Be sure to bring anything up repeatedly if you are unsure if your lawyer is focusing on it. Inaccurate or incomplete information can lead to your petition being denied. It’s your financial future that is in his hands; don’t hesitate to speak up.

There are many different aspects to filing bankruptcy, and you may not understand everything there is to know. An attorney specializing in personal bankruptcies can assist and make certain things are being handled correctly.

Do not hesitate to remind your lawyer of any details regarding your case. Don’t just assume that the attorney will remember it automatically. Do not hesitate to speak up; this is your hearing and your future is on the line.

Read This: After you have declared bankruptcy, you may have a hard time being approved for unsecured credit. If that’s the case, it is beneficial to apply for one or even two secured cards.

Be certain that you can differentiate between Chapter 7 and Chapter 13 bankruptcy. In Chapter 7 bankruptcy, your debts are all eliminated. You will be removed from any contracts you have with your creditors. A Chapter 13 filing involves a repayment plan, though. Typically, you will make a partial payment against your debts over the next 60 months before the balance of the debts is lifted. You must know about the different bankruptcy types, and how each can affect you.

Talk to a lot of different bankruptcy lawyers; most of them will give you a free consultation. Make sure you meet with a licensed attorney rather than a paralegal or assistant, because it is illegal for these people to give legal advice. Interviewing multiple attorneys is a good way to find the best fit.

Ensure that bankruptcy is your best choice. You may find consolidating your debt may be simpler. Bankruptcy is not a simple, breezy course of action that should be taken lightly. You will have trouble getting credit down the line. Because of this, you need to think of bankruptcy as a nuclear option; that is, a last resort.

Bankruptcy is tricky and hiring a good lawyer will be a must. Bankruptcy is a complex process, and you probably don’t know all the information that is required to navigate it. An attorney will make sure that everything is being done correctly.

Read This: Make sure you know how to differentiate between Chapter 13 and Chapter 7. Weigh all the information you can find on- and off-line to make an educated decision.

Don’t forget to enjoy yourself during your bankruptcy. Filing for personal bankruptcy can be very stressful for the debtor. That stress can cause depression, if you don’t take care to avoid it. You are getting a fresh start, and things will get better.

You now have some great advice, thanks to the information shared here. You should now understand that you have options when it comes to bankruptcy. Going through bankruptcy will be hard at first, but it can also be worth it. With the advice in this article, you can ascertain the best way to escape your debt.

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Drowning in debt can be overwhelming. Sometimes, it just snowballs from having a little bit of a financial issue to losing complete control in a short amount of time. The problem now is that it becomes much tougher to fix. Read on to find tips, insight, and valuable information for clearing your debt and getting a firm grasp on your finances.

You may still have trouble receiving any unsecured credit after a bankruptcy. If this happens to you, think about applying for a couple of secured credit cards. That will show lenders that you are committed to rebuilding your credit. After some time passes they may be willing to offer you unsecured credit.

Although you can find many bankruptcy attorneys listed in your local Yellow Pages or online, it’s best if you can find one through the personal recommendation of a friend, family member, or acquaintance. Some companies just want to take advantage of you, so it is important that you have help from someone you trust.

You should avoid paying your taxes with credit cards and then immediately file for bankruptcy. Most states do not look at this debt as chargeable, and you could end up owing money to the IRS. Transferring the debt to another medium (e.g. a credit card) won’t magically make a tax debt dischargeable, either. So it does not help you to put the tax bill on your charge card if you know the debt will be discharged anyway.

Read This: It should go without saying, but refrain from lying in your bankruptcy filings. Do not hide any income or assets or go on a spending spree before filing for bankruptcy: the court will find out and will not have a positive opinion of you.

If you are planning to file for bankruptcy, be sure to learn what types of assets you will be able to keep and which can be seized. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. Make sure that you review this list before you decide to file, to see if you can hang on to your most important possessions. It is important to know what types of possessions may be taken away before they actually are seized.

Do not attempt to conceal any assets when filing for bankruptcy because you may be penalized when they are discovered. It is important that you are completely transparent, showing everything financial that needs to be known. Don’t withhold information, and create a smart way of coping with the reality of the situation.

Before you file for personal bankruptcy, be sure that you are cognizant of all current laws. Bankruptcy law has changed substantially in recent years, and therefore you must understand how such changes may affect your situation. Keep up with your current state’s laws and regulations to figure out what steps you should take.

After you have declared bankruptcy, you may have a hard time being approved for unsecured credit. If this is so, apply for a secured card or two. By doing this, you will be letting people know that you want to fix your credit score. After using a secured card for a certain amount of time, you might be offered an unsecured card once again.

Read This: Do not give up hope. You can often have property returned to you.

Before filing a bankruptcy claim, make sure that your home is well protected. Filing for bankruptcy doesn’t automatically involve losing your home. It may be possible to keep your home if the value has depreciated, or there is a second mortgage. Check to see if you pass the requirements necessary to file for a homestead exemption.

It is important to understand clearly the benefits of a Chapter 7 or 13 bankruptcy. Learn the benefits and drawbacks of each type before deciding which is right for you. Do not hesitate to have your lawyer explain any details that seem difficult to grasp. This will help ensure you make the right choice when filing.

It’s a good idea to meet with a number of bankruptcy lawyers before settling upon one. The majority of them offer free initial consultations. Always ensure that the person you meet with is a real lawyer, not a legal assistant or paralegal. These people can’t give legal advice. By shopping lawyers, you will be more likely to find one that makes you comfortable about the process.

Read This: Protect your house. Filing bankruptcy does not necessarily mean that you will lose your house.

Do not file for bankruptcy if your income is greater than your bills. Remember that the record of your personal bankruptcy filing will be discernible on the report of your credit for as many as 10 years. For this reason, bankruptcy filing should not be taken lightly.

After you have filed for bankruptcy, enjoy your life. After filing, many people find themselves stressing over their situation and how to fix it. That stress could lead to complete depression, if you do not take the necessary steps to fight it. Life will get better after you finally get this situation over with.

If your vehicle is in question, perhaps your attorney can assist in lowering your payments. It is possible to get your car payment lowered if you file using Chapter 7. You need to have bought your car 910 days before you file, have a loan with high interest and you’re also going to need a good work history.

Don’t automatically assume that bankruptcy is your only option. You might be able to address your debts by arranging a repayment plan or a reduction in your interest rates. Get professional advice on these matters from a bankruptcy lawyer. Loan modification plans on home loans are a great example of this. Your particular loan holders can provide a lot of assistance if you’re just willing to speak with them. You can negotiate lower rates, longer terms, and other means of repayment that may keep you from having to file a claim. Most creditors will be willing to work out an option to avoid not getting paid at all.

Read This: Filing for Chapter 13 bankruptcy will not prevent auto loans or mortgages from being obtained. There will, however, be obstacles.

Car loans or mortgage loans are still a possibility when you have filed for Chapter 13. It is just tougher. You will have to see your trustee and the approval for this new loan. You need to develop a budget and show that you will be able to afford the new payment. The odds are also good that you will be asked exactly why you’re purchasing a new item. Make sure you have a good reason.

Sometimes, life can throw you a curveball that you were not expecting. The article above has some powerful suggestions to get things back in control and manage the issues you face when filing for bankruptcy. You may well find that you can seriously improve your situation by following this article’s suggestions.

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The Pros And Cons Of Considering Personal Bankruptcy

It’s never great when someone needs to file bankruptcy. Bankruptcy can be ugly, embarrassing and a tough thing to talk about. Don’t give into it and be sure to use this advice to figure out what you need to know to avoid bankruptcy.

Don’t use a credit card to pay off your taxes before filing for bankruptcy. Most places will not consider the debt dischargeable, meaning you will have to pay the IRS a lot of money. If the tax can be discharged, so can the debt. Just because your credit card could be discharged in bankruptcy does not mean you should use it.

Always remind your lawyer of specifics that are important to your case. Don’t assume that he will remember something you told him weeks ago. Your case and future are affected by the attorney’s action, so never be afraid to communicate.

Don’t be afraid to remind your lawyer about important aspects of your case. It is wrong to assume that your lawyer will remember every word you ever utter! Don’t fear speaking up since it affects your case and future.

Read This: If a personal recommendation comes your way, this should be a lawyer you focus on. To handle your bankruptcy, you need a trusted attorney, not a shady one that is out to take your money.

When filing for bankruptcy it is crucial that you are candid and not concealing any liabilities or assets, as it will only show up in the future. Whomever you use to file with must know everything there is to know about your finances, both good and bad. Never hide anything, and make sure you come up with a well-devised plan for dealing with bankruptcy.

Never pay for a consult with a bankruptcy lawyer, and ask plenty of questions. Most lawyers offer free consultations, so consult with a few before settling on one. Do not make any final decisions until every question you have has been answered. You don’t have to make your decision right after this consultation. So, this gives you plenty of time to consult with several attorneys.

Find a specialized lawyer if you are thinking about filing for bankruptcy. Personal bankruptcies are detailed and complex processes, and you may miss something that costs you money. A bankruptcy attorney can advise you on how to proceed properly.

Don’t ever pay a bankruptcy attorney for a consultation, and ask a lot of questions. Most attorneys offer a free consultation which you should take advantage of. Meet with a few before finalizing your plans. Make your decision after all of your questions have been answered. You don’t need to decide what to do right away. You can take as much time as you need to meet with different lawyers.

Read This: When a bankruptcy is imminent, retain a lawyer immediately. There are many different aspects to filing bankruptcy, and you may not understand everything there is to know.

Learn all the latest laws before you file bankruptcy. It can be tough to keep up with them on your own, and because they change often, a bankruptcy attorney can help you keep track for the sake of your filing process. To know what these changes are, go to your state’s website or contact the legislative offices.

Be sure you know how Chapter 7 and Chapter 13 differ. Under Chapter 7 type bankruptcy, all debts are forgiven. This includes creditors and your relationship with them will become no longer existent. If you file using Chapter 13 bankruptcy, you will go through a sixty-month repayment plan prior to all your debts being completely dissolved. It is vital that you know the differences between these types of bankruptcies, in order to find the option that’s best for you.

Consider other alternatives before filing for bankruptcy. For example, you may want to consider a credit counseling plan if you have small debts. It is also possible to do your own debt negotiations; however, be sure to get everything in writing.

Read This: Know the differences between Chapter 7 and Chapter 13 bankruptcy. Should you choose Chapter 7, your total debt load will be erased.

Protect your home. Filing for bankruptcy does not mean you have to lose your home. It is entirely possible that you will be able to keep your home. This is dependent upon your home’s value and whether or not you have taken a second mortgage. Another option is the homestead exemption that has certain income and financial requirements, but may also allow you to keep your home.

Determine if bankruptcy is necessary. It might be possible to consolidate some of your debt instead. Declaring bankruptcy is a very involved process that can cause a good deal of anxiety. It will also harm your ability to secure credit in the years to come. So, consider bankruptcy only as a last resort when you have no other choice.

It does not take much experience with bankruptcy to understand that the entire process can be extremely stressful. To have a reliable and trustworthy guide through the process, find a highly qualified attorney. Do not solely use cost to determine whom to hire. There is no need to use an expensive attorney. The important thing that you must do is get a good attorney. Do not choose an attorney until you have interviewed them, checked with the better business bureau, and checked their standing with the bar association. You might want to visit a court hearing and observe lawyers handling their cases.

Take advantage of the opportunity to consult with a number of bankruptcy lawyers who offer the first visit at no charge. Meet with the actual lawyer, not a paralegal or assistant, as they’re not allowed to give out legal advice. Hiring a lawyer could help you become comfortable with the legal things that you will encounter.

Read This: It is important to protect your home when filing bankruptcy. You do not have to lose your home in the process of bankruptcy.

There is no need to rush to file for bankruptcy. The advice you have read here will show you how you can escape the need to file for bankruptcy. Start using what you learned today and see how much of a change you can make in your life, so that you do not have to harm your credit history.

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Things You Need To Know Before You File Personal Bankruptcy

Bankruptcy is an experience nobody ever expects to happen to them. It is important to know what steps to take when your circumstances change and there’s nothing you can do about it. If that happens to you, you can use the information laid out in this article.

Learn as much as you can about bankruptcy by going to informational websites. Check out the Bankruptcy Institute site and do some research about consumer’s rights. The more knowledge you have, the more you are able to make the right decisions and find a new future.

Never lie about anything in your bankruptcy petition. Do not hide any income or assets or go on a spending spree before filing for bankruptcy: the court will find out and will not have a positive opinion of you.

Most people end up filing for personal bankruptcy because they owe more than they make. If this is happening to you, then learn about the laws where you live. Most states differ in their laws governing bankruptcy. Some states protect your home, and others do not. Do not file before learning about the bankruptcy laws in your state.

Read This: It is important that you increase your knowledge of personal bankruptcy by reviewing websites that provide reliable information. The United States DOJ, the NACBA, and the ABI all have useful information.

Do not be afraid to remind your attorney of important specifics of your case. Don’t just assume they already know and that they have these important details committed to memory or written down. Your case and future are affected by the attorney’s action, so never be afraid to communicate.

Secured Card
After filing for bankruptcy, you could have trouble acquiring unsecured credit. In this event, you should attempt to apply for a secured card or two. Using a secured card not only helps to rebuild your credit, but it also keeps you from going more in debt with credit card bills. It will take time, but when creditors see a pattern that satisfies their need to see your good faith with payments, you will then be able to apply for unsecured cards.

If you are considering using credit cards to pay your taxes and then file for bankruptcy, you may want to rethink that. In many areas of the country, this debt will not be dischargeable, and you could be left owing a significant amount to the IRS. If the tax can be discharged, so can the debt. Therefore, you should not pull your credit card out for purchases if it is just going to be discharged during the bankruptcy.

Read This: It can be difficult to obtain unsecured credit once you have filed for bankruptcy. If you find that to be the situation, consider requesting secured cards.

Before filing for bankruptcy, determine whether Chapter 13 or Chapter 7 is appropriate for your financial situation. Chapter 7 is the best option to erase your debts for good. Your responsibilities to your creditors will be satisfied. With a Chapter 13 bankruptcy, you will have to make payments for 5 years before the debts are forgiven. It is vital that you know the differences between these types of bankruptcies, in order to find the option that’s best for you.

Take advantage of free consultations with lawyers and the ability to sift through and find the right one. Ensure that you have a meeting with a real lawyer instead of an assistant, since they can provide the best advice. Seeking out different attorneys is all part of the process until you find someone that you can trust.

Chapter 13
You need to educate yourself on the differences between Chapter 7 and Chapter 13. Chapter 7 eliminates all debts. You will be removed from any contracts you have with your creditors. In Chapter 13, though, you’ll be put on a payment plan for up to 60 months before being free of your debts. It’s imperative that you know the differences among the various categories of bankruptcy so that you are able to choose the wisest one for you.

Read This: Become knowledgeable in regards to details about chapter seven bankruptcy vs. chapter 13 bankruptcy.

Consider filing using chapter 13 bankruptcy. If you have regular income and under $250K in unsecured debt, a Chapter 13 may be right for you. When you file for Chapter 13, you can use the debt consolidation plan to repay your debts, while retaining your real estate and your personal property. The length of the plan is generally up to five years, and when this is over, you will be free of unsecured debt. Consider that if you even miss one payment, your case will not be considered by the court.

Keep in mind that filing for Chapter 7 bankruptcy may affect other people than just you, including family members, and in some cases, business associates. When you file under Chapter 7, you will no longer be legally responsible for any debts that were signed by yourself and a co-debtor. Creditors, however, will hold the co-signer liable for the entire balance of the debt.

There is a great amount of emotional and mental stress associated with filing for bankruptcy. To relieve yourself of some stress and keep thing organized, hire a good lawyer. Don’t make your choice to retain a particular lawyer simply because they are the cheapest. The cheapest attorney may not be the best, but the most expensive may not be the best either. Ask people who have used a bankruptcy lawyer for referrals, look them up at your local Better Business Bureau, then schedule free consultations in order to interview them. Often, watching a bankruptcy proceeding can give you clues to the quality of a lawyer.

Investigate your other alternatives before you decide you have to go with bankruptcy. You may well be able to regain control over your debts by consolidating them. Bankruptcy is a long process that can be stressful. Your future credit will be affected by these actions. Therefore, before you file for bankruptcy you need to consider all of your alternatives.

Read This: If keeping your vehicle is of great concern, ask your lawyer if you can secure a payment modification. Chapter seven bankruptcy often provides for the lowering of payments.

If you decide you need to file bankruptcy, it is important that you have helpful advice. Your process will be much simpler if you have a large knowledge base. The above article has provided a lot of this knowledge so that you’re able to deal with your finances with less stress.

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Bankruptcy Attorney | See when and why you should consult a bankruptcy attorney

When you decide to file for personal bankruptcy, it is a very serious decision that should not be entered into lightly. Read the ideas and advice in the following paragraphs so that you are aware of what to fully expect and should think of prior to making such a crucial decision. Find out all the information you can before filing for bankruptcy.

If you are in a position where you are unable to pay your debts, bankruptcy may be the only option for you. If you are in this position, you need to be familiar with the laws in your area. When it comes to bankruptcy, states have varying laws. Your home is safe in some states, but in others it’s not. Do not file before learning about the bankruptcy laws in your state.

Read This: Instead of jumping into a bankruptcy filing, be sure your situation requires it. There are plenty of other options open to you, like consumer credit counseling.

You should avoid paying your taxes with credit cards and then immediately file for bankruptcy. Generally speaking, taxes are not a dischargeable debt. The delays caused by this sort of tactic could leave you owing the IRS a great deal in interest and penalties. Keep in mind that if the tax debt is eligible to be discharged, then the credit card debt is also dischargeable. It is pointless to use credit cards if they can be discharged.

Familiarize yourself with the bankruptcy code before you file. Bankruptcy law evolves constantly, and it’s important to stay up-to-date to ensure that you file properly. To stay up-to-date on these laws, check out your state’s government website.

Be sure that bankruptcy really is your best option. You might be better off consolidating your debt or availing yourself of some other remedy. The bankruptcy process takes forever to finish and is very nerve-wracking. Your future credit will be affected by these actions. This is why you must make sure bankruptcy is your last resort.

Don’t feel bad if you need to remind your attorney about any specifics of your case. You cannot expect your lawyer to remember every important detail without a reminder from you. Speak up. This is your life, and your future depends on it.

Read This: Ask those you know if they have an attorney to recommend, instead of finding one on the Internet or in the phone book. There are plenty of companies who know how to take advantage of people who seem desperate, and it’s important to be sure your bankruptcy can go smoothly; take your time and choose someone you can trust.

When your income surpasses your bills, you should not be filing bankruptcy. Though bankruptcy may appear to be a good way to escape your debts, it does affect your credit negatively for a fairly long time.

Make sure you are acting at the appropriate time. Timing is critical, particularly when it comes to filing for bankruptcy. Sometimes it is the best option to file quickly, whereas in other situations filing should be put off until the worst has already passed. Speak with an attorney who specializes in bankruptcy to figure when is the best time to file, according to your situation.

Look at bankruptcy as a chance to mature and take responsibility for your personal finances. This process is less than glamorous, and it makes most people lose their self-esteem. These are useless emotions, however, and can be harmful to your mental state. Staying positive and upbeat is the proper way to deal with bankruptcy.

Determine which of assets are safe from seizure and which are not before filing for personal bankruptcy. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. You need to read the exemptions for your state, so you know what property you can protect. If you do not read this list, you could be in for some nasty surprises in the future, if some of your most prized possessions are seized.

Read This: Keep at it! Filing for bankruptcy may allow you to get back property, such as an auto, jewelry, or electronics, that you may have had repossessed. If the property you own has been repossessed under 90 days before the bankruptcy filing, you may still be able to get it back.

If you intend to file bankruptcy soon, you may want to discontinue paying all debts. There are many laws when it comes to bankruptcy, including the prohibition of paying some creditors 90 days before you file, as well as family for a whole year. Before making any final decision concerning your finances, you should be educated on the rules of bankruptcy.

Filing for bankruptcy may damage your credit less than missing debt payments. Bankruptcy can be seen on your credit history for 10 years, but you can begin repairing the damage immediately. Getting a fresh start is one benefit of bankruptcy.

Once you decide to file, it is important to act in a more financially responsible manner. Do not increase current debt or incur new debt prior to bankruptcy. Judges and bankruptcy trustees take your repayment history into account when deciding the terms of your bankruptcy. You should demonstrate through your current behavior that you are actively changing your personal financial habits.

Do some research about laws and legislation before filing. Laws are ever-evolving. You must stay current with bankruptcy laws if you want to be successful in your challenge. Your state’s website should have the information that you need.

Read This: Be aware of the fact that you may be under great stress while you deal with your bankruptcy. In order to keep things together and protect yourself from excess stress, be sure to hire a competent attorney.

As you are aware from the previous paragraphs, bankruptcy is not something that just happens. There are many things that must be taken care of, and must be done right. By applying the above ideas, you can make certain that you handle all your details with full attention.

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Bankruptcy FAQs

Will I lose all of my possessions if I file bankruptcy?
Here in Texas, you are protected by the Texas Homestead exemption (and other exemptions) which allows you to keep the equity in your house as well as $30,000 ($60,000 for a family) worth of personal possessions such as your car, tools, clothing, home furnishings, health aids (wheelchair, hearing aids, etc.) and more.

Will I be able to get a credit card with a bankruptcy on my credit report?
A percentage of our clients report that they start receiving credit card solicitations shortly after bankruptcy. Further, some report getting car loan solicitations. And a percentage are able to buy a house. Creditors like people who have their debt under control and are not at risk of filing bankruptcy.

Can I make too much to file for bankruptcy?
Chances are if you are having trouble paying your debt, the answer is you can file for bankruptcy. We have clients who make over the income limits for Chapter 7 and they qualify for Chapter 13 bankruptcy. However, it depends on your situation. Our lawyers can help you determine how the federal and texas bankruptcy laws can help you reduce or eliminate your debt.

How much are the fees?
The fees depend on the complexity of your case. And usually, the more complex the case the more likely we are able to make payment arrangements. Please know that we regularly compare our fees to other attorneys to make sure our fees are competitive. Also know that our most important job is to make sure you get absolutely the most protection the bankruptcy laws will reasonably allow so that you can get the fresh start you deserve.

If I file for bankruptcy can I still apply for a loan modification?
Yes, after filing for bankruptcy you can apply for a loan modification for your mortgage on your home. We are finding that lenders are more likely to seriously consider a loan modification when a bankruptcy has eliminated or reduced your unsecured debt such as credit cards and medical bills. Before a bankruptcy filing, lenders are discouraged when they see someone with high levels of unsecured debt. However, if you have high levels of unsecured debt, filing a bankruptcy may make your lender take your loan modification application more seriously. We can help you file a loan modification in addition to helping you file bankruptcy. You can find out if you are a good candidate for a loan modification by talking to one of our lawyers during your free consultation in our Texas offices.

Can you do a loan modification without a chapter 13 bankruptcy?
Absolutely. However, you need enough income to adequately support your unsecured debt (credit cards, medical bills, etc.) AND your mortgage payment AND your basic living expenses. Unfortunately, a lot of people have experienced a job loss, a medical problem, divorce, or other family issues that leave them with too much debt and not enough income to do a loan modification without the help of bankruptcy protection.

Debt hurts. We Can Help!

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Chapter 13 Bankruptcy Information

Imagine no more creditor phone calls, having an affordable way to pay off ALL of your debt, and being able to keep your most important possessions (home and cars). Our bankruptcy lawyers can make this happen for you with a well-structured chapter 13 bankruptcy plan.

Chapter 13 Bankruptcy Protection

Chapter 13 bankruptcy protection was designed by congress for people like you who are overloaded with debt and need a way out. Our Chapter 13 bankruptcy clients typically file for 1 of 2 reasons:

They make more than the minimum income for Chapter 7 protection
They want to keep assets not covered by the Texas Homestead exemption (such as boats and second homes)
Chapter 13 bankruptcy allows people like you to get out of debt by lowering what you owe and stopping interest from accruing on your unsecured debt. It is a federal protection that helps people like you get a fresh start.

What is Chapter 13 Bankruptcy Protection?
Chapter 13 bankruptcy is legal protection in which your attorney works with the court to arrange a 3-5 year reduced payment plan. This payment plan typically results in you paying significantly less than what you would owe. Further, bankruptcy protection stops interest from continuing to build upon your unsecured debt. Still further, it stops collection calls and any foreclosure or repossession actions by lenders.

What are the drawbacks?
Payments
Chapter 13 bankruptcy requires that you make monthly payments to the trustee who then pays each of your creditors. However, our attorneys work with the courts to establish a REALISTIC payment that you can afford and a payment that will ensure you have money for your basic living expenses. Further, we will represent you if life events (loss of job, divorce, unexpected medical bills) require a change to your plan.

Credit Report

Chapter 13 bankruptcy does go on your credit report. However, a percentage of our clients go on to buy houses and cars while in chapter 13 bankruptcy protection. Our clients are surprised to find out that a chapter 13 bankruptcy, in many instances, is the surest way to IMPROVE their credit scores. Once your debt is under control, you can start building your credit instead of seeing it continue to fall. Our attorneys will be happy to share with you what some clients have experienced.

Length of Plan
It takes 3-5 years to complete. However, at the end of the period you have no more unsecured debt (credit cards, medical bills, etc.). And you will be caught up on all mortgage and car loan payments.

Our attorneys can even lower the interest rate on some secured debt (car loans and house loans) using the protection of a chapter 13 and a loan modification (a separate legal service we provide). And once you start the plan it is an end to harassing phone calls and escalating interest or monthly payments. A Chapter 13 bankruptcy provides you the peace of mind that you are on a solid path to a better financial future.

How do you pay the attorney fees?
Most of the attorney fees are included in the 3-5 year plan so the monthly payment takes care of the majority of those fees.

Debt Hurts. We Can Help!

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Medical Errors | Pharmaceutical Negligence | Misdiagnosis | Defective Drugs | Birth Trauma

Modern medicine has become highly specialized. Advances in medical technology often make it increasingly difficult for the average patient to assess a doctor’s recommendations for medicine, treatments, and therapy, then evaluate the quality of care they receive.

The medical profession upholds a standard of care that healthcare practitioners are obligated to meet. When doctors, nurses, chiropractors, and other healthcare professionals fail to meet industry standards, they are subject to allegations of medical malpractice.

What is Medical Malpractice?
Medical malpractice is an area of personal injury law that covers any injury or harm a patient suffers because a doctor, nurse, psychologist, or other medical practitioner failed to perform his duties according to acceptable medical practices.

Medical malpractice occurs when a negligent act or omission by a medical professional results in damage or harm to a patient; and laws governing medical negligence or liability are designed to protect patients’ rights to pursue compensation if they are injured.

Liability for medical malpractice can arise from:

A delay or failure in diagnosing a disease
A surgical or anesthesia-related mishap occurs during an operative procedure
A doctor’s failure to gain informed consent from a patient for an operation or surgical procedure
A physician making a correct diagnosis, but failing to properly treat the injury or illness
An incorrect prescription
Improper drug prescription for, or surgical insertion of, a medical device or implant

A medical malpractice case can be filed against:

The doctor, if his actions deviated from generally accepted standards of practice
The hospital, for problems such as improper care, inadequate training, poor sanitation, or dispensing of incorrect medications.
Local, state or federal agencies that operate hospital facilities

As with all personal injury cases, state law limits the time during which legal action must take place. Lawsuits filed against healthcare providers must be filed within two years of the date that the act causing the injury occurred. Children under 18 must file a medical malpractice action by their 20th birthday.

In order to evaluate if you have been a victim of medical negligence, you will need an experienced lawyer particularly skilled in representing medical malpractice cases.

The experience of our Law Office enables us to effectively handle medical malpractice claims. Our firm has access to private investigators and medically trained expert witnesses who can assess medical malpractice cases and determine if the harm you suffered was created by the medical professional’s negligence.

Contact Us for Legal Help
If you believe you have a medical malpractice claim, it is important to consult with an attorney as soon as possible to help you determine your best options. When you need legal advice and guidance regarding medical negligence, please contact our office to take advantage of our no cost, no-obligation case evaluation and learn how we can help.

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Trucking accidents pose slightly different issues than auto accidents. A fully loaded tractor-trailer can weigh as much as 80,000 pounds. Because the majority of tractor-trailers travel on interstate highways, at high speeds, with vehicles such as your car or SUV that are significantly smaller, a car-truck accident typically involves more damage, more serious injuries and a greater likelihood of permanent disability or death. Given the great disparity of size and weight, collisions between an 18-wheeler and the average passenger car, truck, or SUV result in a high incidence of serious injuries and death. Additionally, many of the larger trucking companies are self-insured, meaning they are much more reluctant to discuss fair settlement offers because the money is coming out of their own pocket, not from an insurance company.

When tractor-trailer accidents occur, trucking company representatives frequently arrive at the scene shortly after the crash, and start gathering evidence to protect the interests of their company. Company representatives will debrief the truck driver. The truck will be retrieved by the company; its data recorders will be “reset” and global tracking devices will be cleared or erased so that crucial evidence such as truck speed, braking, and hours of operation prior to the crash are lost.

If you are involved in an accident, trucking company or insurance representatives may try to get you to give them a statement, which they typically record. Other than providing an investigating law enforcement officer with the required information, such as your name, address, and how the accident happened, do not talk to anyone else, even your own insurance company, until you have consulted an attorney. Because trucking accidents typically involve multiple vehicles, more than one party may be liable for damages, and several insurance companies will be involved. Our Personal Injury Firm is experienced at unraveling the complications and chain of events leading to the accident, which include an in-depth investigation of the accident scene, obtaining witness statements, photos of the accident scene and your injuries, as well as background research on the truck driver’s driving records, travel logs, and trucking company policies. Our attorneys will take every step necessary to obtain compensation for your medical costs, rehabilitation, pain, and suffering. If you are injured or a family member dies from injuries sustained in a trucking accident, you will need an attorney experienced in trucking accident litigation to help you pursue recovery of damages for the harm you suffered.

Our Expertise
Our Firm represents clients who have been injured or who have lost a loved one in a trucking accident. With extensive experience in dealing with tractor-trailer collisions, we work to aggressively pursue the compensation our clients deserve.

For A Free Case Evaluation Call Our Office Today
We take personal injury cases on a contingency basis, which means you do not owe us a fee, unless we recover damages on your behalf. Feel free to call to schedule an appointment for a no-cost, no-obligation consultation to discuss how our experience in personal injury law can benefit you. If your injuries prevent you from traveling, home and hospital visits are available.

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Legal Terms – Glossary

acquittal – What an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty.
arraignment – To bring a criminal defendant before the court, at which time the charges are presented to him/her, the opportunity to enter a plea is given, a determination of whether the party has a lawyer is made (or whether a lawyer needs to be appointed), if necessary set the amount of bail, and future appearances are scheduled.
arrest – To take or hold a suspected criminal with legal authority, as by a law enforcement officer.
bail – The money or bond put up to secure the release of a person who has been charged with a crime. The theory is that bail guarantees the appearance of the defendant in court when required.

booking – Procedure at a jail or police station following an arrest in which information about the arrest (as the time, the name of the arrested person, and the crime for which the arrest was made) is entered in the police register.

change of venue – The transfer of a case from one county or jurisdiction to another for trial.

circumstantial evidence – Evidence in a trial that is not directly from an eyewitness or participant and requires some reasoning to prove a fact.

complaint – The first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another.

concurrent – “Concurrent sentences,” in which the prison time for more than one crime is served at the same time and only lasts as long as the longest term.

consecutive – “Consecutive sentences,” in which the terms for several crimes are served one after another.

conviction – The result of a criminal trial in which the defendant has been found guilty of a crime.

crime – A violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties.

cross-examination – The opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party.

defendant – The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

defense attorney – The attorney representing the defendant in a lawsuit or criminal prosecution.

deposition – The taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial.

direct examination – The first questioning of a witness during a trial or deposition.

disposition – The court’s final determination of a lawsuit or criminal charge.

duces tecum (dooh-kess-take-uhm) – A court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. Failure to respond to a subpoena duces tecum may subject the party served with the subpoena to punishment for contempt of court for disobeying a court order.

evidence – Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs, and depositions (testimony under oath taken before trial). It also includes so-called “circumstantial evidence” which is intended to create belief by showing surrounding circumstances that logically lead to a conclusion of fact.

exclusionary rule – The rule that excludes, from the trial of the accused, evidence illegally seized or obtained.

felony – A crime sufficiently serious to be punishable by death or a term in state or federal prison.

grand jury – A jury, usually composed of from twelve to twenty-three members, that determines whether or not a suspect should be charged with an offense.

hearsay – Second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.

indictment – A written accusation filed against the defendant, voted on by a Grand Jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the prosecutor and signed by the Grand Jury Foreperson. To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried.

information – An accusation or criminal charge brought by the prosecutor without a Grand Jury indictment. This “information” must state the alleged crimes in writing and must be delivered to the defendant at the first court appearance (arraignment).

misdemeanor – A lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state or federal prison term. They are tried in the lowest local court such as municipal, police or justice courts.

motion for mistrial – A motion filed by the defense seeking dismissal of the charges because of improper conduct on the part of the prosecution, judge, jury, or witnesses during a trial.

parole – The release of a convicted criminal defendant from imprisonment, but not from legal custody, for rehabilitation outside of prison under such conditions and provisions for supervision as the Board of Probation and Parole may determine. Parole is an administrative act and follows incarceration.

plea bargaining – In criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead “guilty” or “no contest” to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant.

plea of guilty – An admission of guilty in open court.

preliminary hearing – In criminal law, a hearing to determine if a person charged with a felony, should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.

pre-sentence investigation (SAR) – A report prepared by the Board of Probation and Parole detailing the facts of the offense, the defendant’s prior record, social history, and other pertinent information to assist the court in sentencing the defendant.

probable cause – Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime.

probation – A chance to remain free (or serve only a short time) given by a judge to a person convicted of a crime instead of being sent to jail or prison. Probation is only given under specific court-ordered terms, such as performing public service work, staying away from liquor, paying a fine, maintaining good behavior, getting mental therapy, and reporting regularly to a probation officer. Violation of probation terms may result in the person being subjected to the original sentence disposition.

prosecutor – Generic term for the government’s attorney in a criminal case, including Prosecuting Attorney, District Attorney, States Attorney, U.S. Attorney, Attorney General, Solicitor General, or special prosecutor.

public defender – An elected or appointed public official (usually of a county), who is an attorney regularly assigned by the courts to defend people accused of crimes who cannot afford a private attorney.

release on own recognizance (ROR) – The basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant’s own promise to appear and his/her reputation.

sentence – The punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge’s decision if there is no jury) within the possible punishments set by state law).

subpoena – An order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness (if a “subpoena duces tecum failure to appear as required by the subpoena can be punished as contempt of court if it appears the absence was intentional or without cause.

summons – An official order notifying the person named that she/he is required to appear in court on a day named and answer the complaint stated in the summons.

suspended execution of sentence – A disposition where the defendant receives an actual sentence for a specific period of incarceration or fine, but is placed on probation for a period of time generally with special conditions, in lieu of serving the sentence. Violations of any of the conditions of probation may result in the defendant’s sentence being ordered served.

suspended imposition of sentence – A disposition where the defendant does not receive an actual sentence for a specific period of incarceration or fine, but is placed on probation for a period of time generally with special conditions, in lieu of serving the sentence. Violations of any of the conditions of probation may result in the court imposing a sentence on the defendant and ordering it served.

verdict – The decision of a jury or judge after a trial.

voir dire – The questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; an occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case.

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We are a network of personal injury attorneys who represent victims of serious motorcycle accidents. Several of our lawyers are experienced motorcycle riders and know the unique perils and prejudices facing each motorcycle driver. We know that there is a high incidence of people pulling out in front of motorcycles without regard to their safety. At times motorcycles seem to be unnoticed until an accident occurs. This year thousands of Americans will be injured in motorcycle accidents caused by someone else’s negligence. Serious motorcycle accident injuries account for a disproportionately high percentage of all accidents on the road.

Many of these victims will need medical attention, and lose time on their jobs. Others will experience financial hardships as insurance companies fail to cover medical and lost wage on most motorcycle riders. Some injuries will be permanent, debilitating injuries. For some motorcycle accident injury victims, the future medical prognosis and employment status will be clouded by traumatic brain injury or a closed head injury.

Whether you are a passenger or a motorcycle driver, we can help you get fully compensated for your personal injuries. For years our attorneys have successfully handled motorcycle accident claims and recovered millions of dollars for clients. We have access to the best motorcycle accident experts to prove your injury claim.. Knowledge of what to do at the scene and immediately after the accident can make a huge difference and greatly improve your likelihood of a successful financial recovery. If you or someone you know has been in a motorcycle accident, we also offer free online consultation . We can help you. Put us on your side.

Don’t forget to check out our motorcycle accident links. Please contact us to ask a lawyer about your rights to injury compensation. Thank you for visiting the Car Accident Lawyers Network.

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Thousands of Americans will be injured in car crash accidents this year. Many of these victims will need medical attention. Other car crash victims will experience financial hardships as they wait for insurance companies to reimburse lost wages and mounting medical expenses.

Some car crash injuries will be permanent, debilitating injuries. The average car crash victim trying to settle a claim is overmatched by the highly trained insurance adjuster and will receive much less than attorney-assisted recoveries for car accident injuries.

Whether you are a pedestrian, a passenger, or a car operator, our car crash lawyer referral network can help you get adequate compensation for your personal injuries. Our national network of experienced car and motorcycle crash attorneys know the complexities of insurance laws and will obtain for you every available benefit that the car insurance policy provides. Our car crash lawyers are familiar with all aspects of bodily injury claims and know how to prepare your case to maximize your financial recovery.

We will promptly investigate and determine the amount of insurance of the person who caused the car crash. Our lawyers have successfully handled hundreds of car and truck accident claims and recovered millions of dollars for our clients. Our network attorneys have experience and expertise in processing medical and wage claims for you.

Whether you were in a car accident caused by a drunk driver or someone talking on a cell phone who was not paying attention, we will promptly gather information to help establish liability on your behalf. Our lawyers have access to the best car accident reconstruction experts in the country.

We can help you. Put us on your side. Contact us to find out how to increase the value of your serious car accident case.

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When someone hurts you through recklessness or negligence, you may be entitled to compensation, per personal injury laws. Our Law Firm will help in this regard, so that you can protect yourself and seek relief.

Our attorneys handle personal injury cases of all sorts, including vehicle wrecks, slip and fall accidents and dog bites. The basis of these cases is that a person seeks damages when an individual, company, or organization causes or contributes to their harm. Our role in this process is to prove negligence, in accordance with personal injury laws.

When taking your case to court, the focus is on ensuring that you receive monetary compensation for your injury and damages. To do this, Our Law Office will try to prove liability by the defendant. While the majority of personal injury cases are settled outside of court, as experienced litigation attorneys, we will represent you in court, should the parties fail to reach an agreement.

If you need help with a Personal Injury Case, please contact our office for a free consultation.

Wrongful Death Cases

Wrongful death cases are those in which a person’s life is taken, due to an accident or the negligence of someone else. The compensation garnered from these cases can pay for funeral expenses, loss of potential income, pain and suffering and other types of situations. Our Law Firm can try these cases on behalf of the surviving family.

Car Accidents

Vehicle wrecks are some of the most common personal injury cases taken to court. When trying these cases, attorneys must prove that the other driver was responsible for the wreck. In these situations, it’s best to seek the help of our attorneys so that we can help protect your interests. We will acquire and review police reports and accident records, comb through the statements of witnesses and gather all relevant information needed to prove that you were not responsible for the accident, and you should be compensated for your injury and damages, if any.

Dog Bites

When a person owns a dog, they are responsible for making sure the dog behaves and doesn’t cause harm to another individual. If the dog leaves the physical custody of the owner and bites another person, the owner might be responsible for paying for any damages suffered. However, though many people feel that the dog owner is always responsible, this may not be the case. Get in touch with our office to learn more about proving fault in dog bite cases.

Slip and Fall Cases

A substantial number of personal injury cases result from slip and falls. When a person is walking on a surface that is slippery, damaged or otherwise not stable and is injured, he or she may be entitled to compensation for medical bills and other damages.

If you need help with a slip and fall case, please contact our office for a free consultation.

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Auto accidents, though unfortunate, are pretty common. It is often opined that the term accident is not quite appropriate as over ninety percent of auto accidents are caused by negligence on the part of the drivers. The severity of auto accidents determine the legal consequences that are to follow subsequently. All the common law jurisdictions impose some sort of requirement that the parties involved in any collision/accident must stop at the scene even though the collision may involve only stationary property. The parties concerned are to stop at the scene and exchange insurance or identification information or summon the police. The failure to comply with such requirements leads to the incident being termed as hit and run and is a criminal offense.

It may be noted that most car claims are settled without involving an attorney. The parties involved in an auto accident can be facing criminal liability or civil liability or even both. The state may also start a prosecution in certain cases like when someone is severely injured or killed or when one of the drivers involved has been proven beyond doubt to be grossly negligent or intoxicated or impaired otherwise during the occurrence of the auto accident.

The right course of action in keeping with legal safeguards should be-

o Staying at the scene of the auto accident until the police confirms that you can leave the scene. Leaving the scene of an accident beforehand may affect the driver’s license sanctions and even lead to criminal charges being framed.

o If some person(s) were injured as a result of the auto accident, then you may try and help if you are trained in administering first aid. However, the injured person must not be moved and the police are to be called up and the accident reported together with mention of the number of people injured. This will help provide enough emergency personnel to be attending to the scene. In case the accident takes place on the roadway, then the flashers are to be turned on or flares used for warning approaching traffic of the accident.

Important information including the other driver’s name and other details are to be taken down together with details of witnesses, police officers (for facilitating and procuring of accident report), location of place of accident, and events leading to the auto accident. You should be careful not to admit fault or liability as there may be factors you are unaware of that have led to the accident being caused. It may become quite evident that the other driver or person concerned was actually more at fault.

It is to be remembered that it is unnecessary to make statements to any person at the auto accident scene. Statements are to be made only to the police. Simply relating the facts to the police will be enough as they can draw their own conclusions from the facts that become apparent.

It is crucial to seek medical care and attention as soon as possible. It is important that you immediately obtain medical care from doctors, otherwise, you may not be able to obtain benefits for your injuries.

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Vehicle accidents are common and these can happen to all drivers, so pretty much all people who place themselves behind the wheel have grown to take this risk. There are basic requirements that need to be addressed when a car accident happens and these are not affected by either the presence or the absence of injuries. Court cases in relation to vehicular articles are best handled by lawyers who have taken the time to study the ins and outs of accident law.

A car accident law exists in order to help people address the possible concerns or issues that can arise from the onset of vehicle accidents. Even cautious drivers themselves can be placed in the middle of a vehicle accident. The article below contains a series of steps that any person can use when this accident happens whether he or she is simply the witness or the driver.

Car accident law specifies that anybody who finds themselves involved in a car accident should not go anywhere without the permission of proper authorities that are present at the site. This is very important especially when the driver gets involved in an accident resulting in substantial property damage. Leaving or fleeing from the scene of an accident can easily get punished by suspension of the driver’s license or even lead to criminal charges.

Car accident law also pertains to the safeguarding of the injured wherein the question of who is at fault for the accident should temporarily be set aside. First aid should be given to any injured person involved in an accident and as much as possible they should not be moved until the proper medical team arrives. In addition, if the driver is unable to do so then someone should immediately report the accident to the police.

Car accident law mentions that there are accidents that lead to a series of injuries to the people involved thus there is a need for people assisting in the accident to know if any injuries have indeed occurred. Each injured individual needs proper medical attention and by telling authorities this will make sure adequate supplies are brought to the scene. Whenever a driver is in an accident while on the road, then attracting the attention of passing traffic using flashers, flares or other similar devices is essential.

For any kind of vehicle accident, car accident law tells about how people should be mindful of the events that occurred. It is necessary to have information pertaining to a driver’s personal data plus the license plate number and insurance policies. Drivers should be mindful of other people who might have seen the incident happen as well as the authorities who assisted later on.

According to car accident law, drivers should not admit fault right away as opposed to taking the blame for everything. The accident may easily be attributed to a different cause far from the actions done by the driver of the vehicle. Do not make any statement to anyone on the scene but the police and allow them to draw their conclusions with the facts provided in the testimony.

It is necessary to address car accident injuries with urgency regardless of the details of the accident that ensued. When a person attains medical assistance after a car accident he or she can rest assured that a comprehensive insurance policy should shoulder their medical expenses given that they do have insurance. Even more, a person cannot expect to change the decision of an independent insurance company with the accident law.

The car accident law advises people to get insurance for instances such as these. A driver who does not seek immediate medical help might have no case against another driver when the concern of injuries takes them to court. If a driver follows this advice he or she shouldn’t have any problems with the law or insurance companies.

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“Should I hire an attorney after I’ve been in a car accident?”

One of the emotions most people describe after they’ve been in a car accident is confusion. They don’t know what they should do, they’re not sure if they’ve taken the proper steps to protect themselves, and they don’t know if their case is something they should talk about with an attorney. Perhaps you can relate to these feelings and you’ve had similar thoughts. Thoughts like:

When you get hit by a car, what happens? Should you immediately call an attorney?
How long after getting hit by a car can you sue?
What kind of lawyer helps people with car accident cases?
I got hit by a car. Can I file a lawsuit?
I got hit by a car, but I only got the car’s license plate number. Is that enough?
If any of these questions sound familiar to you, you’re in the right place. In this section, we’re going to talk about the importance of contacting an attorney after you’ve been in a car accident.

Representing Yourself

At first, it might seem like it’s a good idea to represent yourself in your car accident case. After all, you’re sure that hiring a lawyer to represent you is very expensive, and you’re not prepared to pay a high price for legal help. You may even do a quick search engine search and find out everything you need to know to get started. The problem is that insurance companies rarely work well with individuals, and they often try to manipulate the situation so that they end up not being held responsible at all. It’s also a lot of work to represent yourself in a car accident case, and it’s difficult to get the quick results you desire.

Hiring an Attorney

When you work with an attorney for your case, the first thing you discover is that lawyers are not as expensive as you probably thought. Many of them work on contingency fees, which means you don’t pay anything upfront to get their services. They will meet with you for a free consultation and then if they decide to take your case, they get paid only when and if you get paid. Your attorney will immediately compile all of the information that’s necessary to put together a strong case against the insurance company, which sometimes involves doing quite a bit of legwork. It can take some time, but insurance companies tend to take attorneys seriously, so they work much faster with them than they do with individuals. Once you’re offered a settlement, your lawyer will consider it and ask you to do the same. You’ll decide together if you think it’s fair and then you’ll either accept it or reject it and ask for more. That step is difficult to do when you’re working on your own because you don’t really know what’s fair and what’s not.

A qualified car accident attorney who has worked with other clients for their car accident cases is your best bet if you want to get a fair settlement. You don’t have to fight this fight alone. Contact us and start working with a lawyer who can fight to get you the compensation you deserve.

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“I was just in a car accident and I need an attorney. What is the initial consultation going to be like?”

If you’ve recently been in a car accident and you’ve decided to hire an attorney to represent you as you pursue a settlement, your first meeting with him is what’s known as your initial consultation. That’s when you’ll talk about everything that happened and present your evidence for your case; or as much evidence as you have, anyway.

Many people are nervous about this initial meeting because they’re not sure what to expect. Perhaps you’re feeling the same way, and you have a lot of questions, such as:

How much can you get for being the victim in a car accident?
If I go to the ER after a car accident, is the bill covered?
Is hiring an attorney after a car accident really necessary?
I hurt my back in a car accident. When do I get paid?
How long after a car accident can you sue?
Your initial consultation with your attorney will answer all of these questions for you, as well as some that haven’t even entered your mind right now. Let’s talk about what you can expect the first time you sit down with your lawyer.

Your Story

The very first thing your lawyer is going to want to know is your side of the story. Keep in mind that he may have had the time to contact the other driver’s insurance company to hear their side of the story; especially if you waited a long time to get in to see him. Make sure you tell him the entire truth of what happened. If you’re not certain about something that you think happened, say it. He may be able to talk to a witness who can validate what you’re saying, or he may need to find proof through another method. Give as many details as you can remember. He’ll be taking notes and he’ll want to refer back to those notes later on.

Your Documentation

Secondly, he will want to see any documentation you may have on the accident. He’ll need the police report and if you had the chance to interview any witnesses, he’ll need to see those recordings or transcripts as well. It’s important to bring your medical bills and your proof of your loss of income to this first meeting too. If your lawyer needs any additional supporting documentation, he’ll ask you for it. He may even obtain it himself if he thinks he can do it a little easier than you can. The more documentation you can give him, the more evidence he’ll have to support your case.

The Plan

When you leave, your lawyer will decide whether or not he’s going to take your case. In most instances, lawyers are eager to take on car accident cases when the victim is clearly not at fault. Most likely, he will agree to work with you. He’ll let you know when he’d like to talk with you again, and he’ll give you an idea of what his next moves are. You may even get a sample car accident timeline so that you can tell what to expect in the coming weeks or months as he works on your case.

The Follow-Up

Once some time has passed and your lawyer has heard back from the insurance company, he may ask you to come in and talk about their proposed settlement. Be prepared. It might not be a number you’re happy with, and your lawyer might not be happy with it either. However, it’s his duty to let you know what they have offered to you. Together you’ll decide whether to accept it or to reject it and ask for additional money.

When you meet with your lawyer the first time, you won’t have to pay him anything for the consultation. You also won’t have to pay him to start working on your case. He gets paid when and if you get paid.

If you’ve been in a car accident, your lawyer will fight hard to get you the compensation you deserve. If you’d like more information about how an attorney can help you, please contact us.

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“Do I need to hire a lawyer after a car accident, or can I represent myself and still get a good settlement?”

When you think about hiring a lawyer after you’ve been in a car accident, the first thing that probably comes to your mind is feeling concerned about the cost. You certainly don’t have a lot of money to pay for an expensive attorney, and your injuries and the damage that has been done to your car should be evidence enough to bring you a settlement, right?

Perhaps you’re thinking:

My car accident wasn’t that bad, but I was injured a little. Do I need a lawyer?
I feel fine after my car accident. Is it really necessary to hire an attorney?
What can a lawyer do for me after my car accident?
I can’t afford a car accident lawyer. Is representing myself an alternative?
Will I get a car accident settlement if I act as my own lawyer?
These questions are all very typical for someone in your situation. In this section, we’re going to talk a little bit about what you’ll experience if you decide to represent yourself versus what you’ll experience if you hire a lawyer for your car accident case.

Representing Yourself

You were pretty busy before you got into your car accident, but now that you’ve been injured, you have even more on your plate. You also have fewer resources to accomplish everything you need to do. You may have had to take some time off from work, so you’re missing out on some much-needed income. You probably don’t have a vehicle either, which places a huge burden on you and on your family. Representing yourself in your car accident case is an even bigger burden because it will be up to you to prove why you deserve a settlement. Insurance companies often take advantage of people who represent themselves in car accident cases because they know that you don’t know everything there is to know about the law. You might not realize that you qualify for money for pain and suffering, or you might not know you can get money to compensate you because you were unable to accept a new position at work due to your injuries. These are only a few of the details that go into creating your car accident settlement, and if you’re not aware of them or if you don’t ask for them, you lose out on that money. It’s also much easier for insurance companies to manipulate individuals into accepting the blame for an accident that wasn’t their fault. If you do that, you won’t get a settlement at all.

Hiring a Lawyer

Hiring a lawyer offers you every possible advantage you can think of for your car accident case. Your lawyer will take over your case and make sure you have a strong position to fight for a fair settlement. He will compile all of the evidence and even do extra work to get more information if it’s necessary. Your lawyer will work very hard on your behalf, and he only gets paid when and if you get a settlement. That means you won’t have to pay him any money upfront.

It is certainly in your best interest to hire a lawyer for your car accident case. Doing so gives you the best chance of getting a fair settlement. If you would like to talk with a lawyer about your case, please contact us.

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“Do I really need a lawyer to represent me in my car accident case?”

In your opinion, your car accident case is really kind of cut and dried. Yes, you were injured, but your injuries were fairly minor. You missed a little time from work and your car needs to be repaired. It’s not like you were forced onto disability or anything. You’re probably thinking:

Shouldn’t I be able to handle your accident case on my own?
What can a lawyer do for my car accident case that I can’t do myself?
Is hiring a lawyer for my car accident case really necessary?
I was in a car accident and I have a lot of medical bills. Should I bother hiring a lawyer?
I had a car accident a few weeks ago, but it was minor. How would a lawyer help me?
The problem is that there is so much that goes into putting together a successful car accident case that results in a fair settlement. A lawyer can facilitate all of that for you, but there are many other reasons you should choose to have a lawyer fighting for your case too.

Car Accident Law

Regardless of how much time you spend doing research on your own, you’ll never understand car accident law the way your lawyer does. That’s because he has spent time studying car accident law. He knows exactly what you’re qualified for and what you’re not qualified for. He is your best asset when it comes to getting you a settlement because every case is different. It’s impossible to believe you can find out what you need to know from a quick search on the Internet. Your case is going to be different from someone else’s case, which makes a basic overview very unhelpful at best.

Authority

The most important trait your lawyer possesses is authority, and the car insurance company you’re fighting against knows that. It’s possible that the insurance adjuster has even worked with your lawyer in the past, so they may even know what to expect when he contacts them. You need his authority just as much as you need his expertise in this field because authority translates into respect. The insurance adjuster will know that your lawyer knows what you’re entitled to and you’re not only going to see that this translates into a quicker review process for you, but it will also translate into more money for your settlement.

Experience

In addition to your lawyer’s knowledge and authority, you will also need his experience. He’s probably worked with hundreds, if not thousands of car accident cases. That means he’s seen just about everything. He knows the various pieces of the puzzle that he will need to put together to present a strong argument to the insurance company. Only experience will provide you with an excellent case that dots all of the I’s and crosses all of the t’s. You don’t want to waste time and you need his experience to get the job done.

If you’ve recently been in a car accident, you deserve justice for what happened. Whether your accident was major or minor, a lawyer can help you get the best possible settlement from the other driver’s insurance company.

If you would like to talk with a lawyer, please contact us today.

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“I have so many questions since my car accident. Who can give me the answers I need?”

When you’ve been in a car accident, it’s normal to have a myriad of questions; especially if this is your first accident and you’ve never experienced anything like this before. Fortunately, you’re in the right place to find the answers you need.

To help you, we’ve put together a list of some of the most frequently asked questions we hear regarding car accidents. Hopefully, these answers will serve as informational for you as you decide what you’re going to do after your car accident has occurred.

What should I do first after my car accident?

The first thing you should do after your car accident is call 911. You need to report the accident to the police and you or the other driver might need medical attention. If you’re physically unable to call or you don’t have your cell phone with you, perhaps a witness who saw what happened can call for you.

Should I go to the ER after a car accident?

It’s possible that the paramedics will arrive on the scene of your accident if it’s necessary. They will assess you right there to make sure you’re OK or to recommend additional treatment for you at an area hospital. If they release you, it’s still a good idea to go to the doctor or to your local emergency room for a more in-depth assessment. Some injuries don’t surface right away and your health is very important. Get the medical treatment you need before you worry about anything else.

I’ve been in a car accident and it wasn’t my fault. Can I sue?

If you’re in a car accident and it wasn’t your fault, you absolutely have the right to sue for your injuries as well as for any damage to your vehicle. If your car was totaled, you have the right to sue for car replacement. Rather than take on your own case, it’s best to contact an attorney who can help you. He will know exactly how to proceed once he hears your story and reviews the evidence for your case.

Who pays for my car repairs after an accident if I was a victim?

If you’re the victim in a car accident, it is the other driver’s insurance company’s responsibility to pay for your car repairs. You may need to get one or two estimates, but you should be able to choose the shops you go to for them. In the same way, if your car was totaled, you have the right to sue for car replacement based on the value of your car.

Do I really need to hire a lawyer for my car accident case?

Some people do handle their own car accident cases, but unfortunately, it rarely turns out well for them. That’s because they lack the knowledge and expertise they need to pursue the case correctly. A lawyer who has experience in car accident law will be your best asset in your case. He understands what needs to be done, and he knows how to go about getting you a fair settlement.

How long do I need to wait to find out about a car accident settlement?

Once you sit down with your lawyer for your initial consultation, it might take a few months for you to get a settlement, but every case is different. If yours is more complicated and you still require extensive medical treatments, it might take longer. Your lawyer will go over all of the details of your case with you so that you know what to expect for your case.

Are car accident lawyers expensive?

The best thing about hiring a car accident lawyer for your case is that you don’t have to pay anything upfront in most cases. Your lawyer will work on a contingency fee, which means he only gets paid if and when you get a settlement for your case. He will generally take a percentage of your settlement money, which will be right around 30%.

My car accident was a few months ago, but now I’m in pain. Can a lawyer help me?

Even if a few months have passed since your accident, it’s not too late to get in touch with a lawyer to talk about suing the other driver’s insurance company. In fact, this type of situation happens all the time because many people do feel fine right after an accident. However, injuries don’t often become apparent until a few weeks or months later. Contact a lawyer and get started on your case, even if it’s been a few months since the accident happened.

If I’m injured in a car accident, who pays my medical bills?

If you’re injured in a car accident case, the other driver’s insurance company is responsible for paying your medical bills. You should not need to submit anything to your insurance company, and everything should be covered 100% as a part of your settlement.

What evidence do I need for my car accident case?

You will need many different pieces of evidence for your car accident case if it’s going to be successful. You’ll need to present your lawyer with the police report, your statement of lost wages, your medical bills, and any other documentation you might have that supports your story.

These are just a few of the questions we hear most often. You might have many others, and those questions deserve answers. Your lawyer will be happy to answer all of them for you, and he’ll work hard to get you compensated for your car accident.

If you would like to connect with a car accident lawyer, please contact us.

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“I was in a car accident that wasn’t my fault…or was it?”

Determining who was at fault is a major part of any car accident case. If you’re dealing with the aftermath of a car accident yourself, then you understand how important it is to maintain your stance that the accident was not caused by you. Even so, it can be difficult to maintain that stance when the other driver’s insurance company is pressuring you to admit that you did something wrong. You might even be thinking:

I had a car accident and I don’t think I did anything wrong, but I’m not sure.
I was hurt in a car accident that wasn’t my fault, but I can’t remember exactly how it happened.
I’ve been in a car accident and I’m being pressured to admit fault. What do I do?
Should I hire a lawyer for my car accident if it wasn’t my fault?
If I’m hurt after a car accident, what grounds do I have to sue?
Fortunately you’re in the right place to get the support you need for your car accident. Let’s talk a little bit about what it means to be at fault. and what you can expect from the other driver and his insurance company.

Fault Explained

When you’re at fault after a car accident, it basically means that something you did caused the accident to happen. No one wants to admit fault because that means that person’s insurance company will have to pay for the damages and injuries that resulted from the car accident. When that happens, in most cases, the driver experiences an increase in his insurance rates. It also means the driver most likely will get a ticket from the police officer who filled out the police report at the scene. Tickets translate into points on your license.

In short, being at fault for your car accident is not a good thing, which is why it’s important for you to maintain your story that the accident was not your fault when you know you’re innocent.

The Other Driver

In most cases, the other driver is going to be very angry about the accident. He probably immediately started to panic because he knew he would be getting into a lot of trouble. He may have even tried to blame the accident on you in an attempt to twist the story around. Some people are really good at manipulating and, believe it or not, they’re able to convince the other driver that they were to blame for the accident.

The Other Insurance Company

In the same way, the other driver’s insurance company also can cause you a lot of headaches after a car accident. They stand to lose a lot of money if your car accident case is successful, and they do not want to pay you a settlement. It’s not uncommon for insurance companies to try and contact victims for the purpose of getting them to admit they did something wrong. They’ll even record conversations so that they have proof. If you’re in a situation where the other driver’s insurance company tries to contact you, the best thing you can do is refer them to your attorney and hang up the phone.

Having an attorney on your side is the best thing you can do for yourself after a car accident. Your attorney will protect you at all times and he will guide you every step of the way so you know what to do. If you’d like to talk with an attorney about your case, please contact us.

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“I was in a car accident and I don’t know what to do. Can someone help me with the first steps?”

Every moment is crucial after a car accident has taken place. You need to know what you should do so that you can protect the integrity of your case. Knowing the proper first steps to take right after the accident happens will save you a lot of headaches later on. Right now you probably have plenty of questions and thoughts plaguing your mind. Things like:

If my car accident wasn’t my fault, can I sue?
I just had a car accident. What do I do if the other driver tries to blame me?
Should I hire a lawyer for a car accident case?
How much will my car accident settlement worth?
When you’re hurt in a car accident can you go to the doctor?
Hopefully this page will offer you plenty of helpful information that will serve as a guide for you over the next few weeks and/or months.

Call 911 – It might seem to be self-explanatory, but sometimes people are in so much shock, it never occurs to them to contact 911 to report their accidents. Perhaps the accident was a minor one and the other driver talked them out of reporting it, or maybe the other driver even possibly offered to simply pay for the damage that was caused in an effort to avoid involving the police. Regardless of what happened that caused your car accident, calling 911 is a very important first step that should never be skipped. You may need to be checked out by paramedics for any injuries. You should also talk with a police officer about what happened so that you can get a police report filed. Don’t let anyone talk you out of calling 911 if you’re in an accident.

Get Medical Attention – You need to be seen by a doctor after a car accident. It’s possible that the paramedics will come to the scene and assess you. They may decide to take you to the local hospital in an ambulance. Even if you feel fine, don’t resist them. Go along with them and get the treatment you need. They may notice something that just isn’t right, or they might simply be erring on the side of caution. They may even tell you that you seem to be OK and not recommend any other treatment for you. If that’s the case, either make an appointment with your own medical doctor and ask to be seen right away, or go to your local emergency room. It never hurts to be sure, and it’s always a good idea to have documented proof of any injuries.

Take Pictures – If it’s possible for you to take pictures, do it. You need pictures of any damage to your car as well as the damage that was done to the other driver’s car. You should also try to take pictures of any injuries you sustain during the accident. Your cell phone camera will work fine, but if you don’t have one with you or it gets damaged, you can try to ask a witness to take pictures and email them to you. Pictures are very useful pieces of evidence, and if you decide to pursue a legal case against the other driver’s insurance company, you’ll be glad you have them.
Talk with a Lawyer – Many people attempt to take on their own car accident cases, but they do so to their own detriment most of the time. The truth is that insurance companies rarely take individuals seriously because they know that, for the most part, they don’t know much about car accident law. They don’t know how much they’re entitled to in a settlement, and they don’t know what factors into coming up with an amount for a settlement. A lawyer offers you the best opportunity for a fair settlement for your case.
If you are careful to follow these four steps, your lawyer will tell you how you should proceed after he talks with you. Of course, every case is going to be different, and what’s true for you might not be true for someone else. In the same way, the things that affect the amount of your settlement are going to be different from someone else too.

Regardless, you should always talk with a lawyer after you’ve been in a car accident. If you’d like to get started on your case, please contact us.

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Everyone knows what the term “lemon” means in the automobile context – it’s a car that turns out to be a piece of you-know-what shortly after you buy it. No big deal, though – you just take it back to the seller and they have to take it back and refund your money, right? ‘Cause there’s this thing called a Lemon Law, right?

WRONG. (Well, most of the time.)

Is your car more than two years old?
Is it used, meaning someone else owned it before you?
Does it have more than 12,000 miles on it?
If you answered yes to any of these questions, then, unfortunately, Lemon Law does not apply to you. The term “Lemon Law” actually refers to the “New Motor Vehicle Warranty Act.” The law only applies to new vehicles less than two years old, with under 12,000 miles on the odometer. And it only applies to the original owner – no used cars allowed.

Seems backward, right? After all, used cars are much more likely to have mechanical problems!

Doesn’t matter. The Lemon Law is geared more toward manufacturing defects in new cars that can’t be fixed after several attempts – not the clunkers sold by shady used car dealers.

Do you know how many times that car you’re buying has been wrecked? The used car salesman may not tell you…
So what rights DO you have when buying a used car? Well, that depends on whom you ask. According to the disclosures you sign at most used car lots, you are taking the car “AS IS.” According to them, this means that if the steering wheel comes off in your hand after you leave the lot and pull out on the street, too bad. That’s your problem.

But this isn’t always entirely true. Even used car dealers have to inspect vehicles before they put them on the lot for sale, and they can’t lie about or cover up a dangerous condition. So, many times, the question then comes down to whether they performed a reasonable inspection, whether they knew about any problems, and whether you can prove that knowledge.

This can be hard to prove. And the more time that has passed between the date of purchase and the date that the engine starts smoking, the harder it becomes to show that the condition existed when you bought the car.

My advice?

If possible, don’t buy from a used car dealer. At the very least, check out their reputation around town. Some are better than others. Some are blood-sucking vultures who will high-five each other as you drive away dragging a muffler in a cloud of smoke. I think private sellers tend to be more honest about problems with the car, and at least you will save a lot of money cutting out the middle man.
Take your time and do your homework. Blue Book the vehicle on your own to see what it is really worth. And ALWAYS have an INDEPENDENT mechanic check out the car before you buy it. Not the mechanic across the street from the car dealer, that the car dealer “conveniently” recommends! Who’s to say they aren’t getting a kickback for giving the car a thumbs-up? Find your own mechanic. That’s not legal advice, that’s just common sense. I know the used car salesman may seem like your best friend, but trust me, he’s not. He will also act as if you don’t buy the car today, it will be the end of the world, but it’s not. It will still be there tomorrow, leaking oil and over-priced.
Don’t pay for the car in cash. That way, if problems arise, you can stop making the payments and use the remaining balance as leverage to negotiate with the car dealer for repairs or a modified price. If you pay with cash or take out a loan through your bank, the car dealer gets all their money upfront. You know how helpful they will be when you come back a week later with a grinding transmission? Not helpful at all. They won’t care.
Don’t believe me? Think I’m exaggerating about used car dealers? I’m not. They’re in a cutthroat business, and it’s your throat or theirs. And it’s not just financial and legal problems at stake – it can be your safety, too.

There’s a well-known case where the buyer ended up a paraplegic after a bad tire combined with a damaged transverse link caused her car to swerve uncontrollably into oncoming traffic on the highway. Turned out the used car dealer had turned the bad tire around (so the whitewall was facing in) so the buyer couldn’t see that the tread was separating, and sold the car to the buyer “as is” without inspecting it whatsoever.

Now that you know there is no Lemon Law protecting you in buying a used car, be a smart consumer and proceed with caution. And next time you hear someone going on about how someone should sue a used car dealer under the Lemon Law, you can tell them, “Sorry, there’s no such thing when it comes to used cars.”

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You say you have over 600 years of experience?

If you need a lawyer, chances are you are already smack-dab in the middle of a stressful legal situation, or about to be. What many people don’t realize is that the lawyer they choose can have a direct effect on making that situation bearable, or a nightmare of lost sleep and money.

Right now, you might be focused on just finding a lawyer to take your case, or finding someone you can afford. However, remember that hiring a professional should be a two-way street. Assuming you have a decent case, you should be asking the lawyer some questions of your own. (If you don’t have a decent case, convincing a less-than-stellar attorney could make a bad situation worse – you may lose the legal battle and still owe the attorney your hard-earned money for his or her fees.)

Here are some very important questions you should ask a prospective attorney:

Do you have experience with this type of case, and if so, what is it? The attorney should be able to describe her familiarity with this area of law. Or if the attorney is new to this area, she should just let you know that. This doesn’t mean she’ll do a bad job – a smart attorney will do the necessary research and will also have a network of other attorneys she can call with questions in their practice area.

How would you bill me for this type of case? Attorneys can use any number of billing arrangements. The most common are hourly fees, flat fees, and contingency fees. Hourly fees are still the standard for many attorneys, although they are beginning to give way to more flexible, client-friendly billing arrangements.

How much would you charge me for this case? Once you know the attorney’s preferred billing arrangement for your type of case, the next logical question is how much are they going to charge you under that arrangement? Attorneys’ fees can vary widely based on years of experience, expertise in a certain area, and how interested they are in your case. If it seems like an attorney is quoting you a fee on the high end, you can ask them if the fee is higher because of one of these factors. The attorney might admit that it really isn’t his cup of tea, in which case you might want to continue in your search. Or she might share that she is very interested in your case but charges a higher fee because she is the foremost attorney in the state in that area of the law, in which case you might want to consider whether it is worth it to pay the extra money for your peace of mind.

How available are you to your clients? Very few attorneys are going to provide you with a daily update on your case or heart-to-heart talks at 10:30 at night. However, most clients want to know that if they call their attorney, they will get a prompt call back. Does the attorney have a 24-hour callback policy? If not, how soon will he return your call? The most common complaints to attorney disciplinary bodies involve attorneys who won’t call their clients back. Don’t get stuck with a non-communicator. Also, if you like email (like me), will the attorney communicate with you by email? (Be aware though that email is generally not a secure means of communication, especially if you are emailing from a public wi-fi hotspot. You might as well call your attorney on the phone and talk really, really loud so that everyone can hear you because it’s that easy to see what you are doing over unsecured wireless. Which brings me to my next two questions . . . )

How tech-savvy is your firm? Since you are reading this blog post online, I assume you are somewhat comfortable using modern technology. Does the attorney use technology to practice law, or is he still plunking away on a typewriter? I don’t mean to poke fun at older generations of attorneys who weren’t weaned on an iPad, because their experience in the trenches is invaluable. However, I believe attorneys are ethically obligated to keep up with at least a basic level of technology, to provide efficient and secure representation. For example: How do they do their research – do they use Westlaw, LexisNexis, or some other fast, efficient online research database? Do they include social networking sites in their research? Or are they still hitting the books and ignoring the online world happening around them? Also, how do they communicate with clients and other parties – are they still using paper letters on expensive stationery and the faxosaurus rex? Or do they use online faxing, Skype, and email or a secure client portal to communicate and send you documents? A few casual, “curious” inquiries in this regard should give you an idea of how their practice operates. This isn’t just a matter of being modern or “cool.” A modern, efficient firm can provide more cost-effective (read: cheaper) services. It will also conserve natural resources, which may be important to you as well.

Finally, how secure is your firm? How does the client protect your confidential information and your attorney-client privilege? Do they have security policies in place regarding data encryption, cloud storage, emailing sensitive information, and employee laptops and smartphones?
These are just a few questions you could ask an attorney. You can probably think of more, and should add them to your list before you go in for your initial consultation.

Asking these questions will help you compare your options, if you are speaking with more than one attorney. Equally important, having clear expectations upfront will help avoid misunderstandings and hassles down the road.

Good luck!

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