Why Hire a Automobile Accident Lawyer Austin with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Automobile Accident Lawyer Austin appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Automobile Accident Lawyer Austin law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
Subcontract Flow Down
Negotiations with creditors have failed. Repossession is imminent and foreclosure proceedings have begun. Your income is simply not sufficient to pay your bills, no matter how low the payments are. It may be time to consider bankruptcy.
Bankruptcy law evolved as a reaction to the abuses surrounding debtors prison. Before the nineteenth century a prison system existed for those who didn't pay their bills. If a merchant filed a claim, the debtor was incarcerated until his debts were paid. (Women were not found in debtor's prison, not because of chivalry but because they did riot have the ability to borrow). The lender was legally responsible for the expenses of the prison stay, including food, but seldom paid. After all, a debtor would have to sue in order to enforce this law, and it was rather difficult to sue when in prison. As a result, many borrowers languished in prison for years, surviving on what their family could bring to them or, in many cases, simply starving to death. Although some lenders would doubtless not object to the renewal of debtor's prison, fortunately we live in more enlightened times. Bankruptcy was created to provide a second chance (or third, or fourth) to those hopelessly in debt It provides a mechanism to wipe the slate clean and begin anew. As times have changed, though, so has the bankruptcy code. Not all debts can be wiped out. The proceedings can be easily disqualified in the event of improper procedures. There are many things a debtor should know before resorting to bankruptcy.
The Bankruptcy Decision
There are two kinds of individual bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy, named for the chapter number in the bankruptcy code, requires a full liquidation of all debts and cancels all no-exempt debts. Chapter 13 bankruptcy is essentially a court-mandated payment plan that sets up affordable monthly payments to your creditors,
The decision to declare bankruptcy is not an easy one. Unfortunately, many bankruptcy attorneys recommend bankruptcy to just about anyone they consult with. All too often frightened consumers are advised to declare bankruptcy just to avoid a few debts. This is a mistake. Bankruptcy should truly be a last resort as the legal system meant it to be. A bankruptcy appears on your credit for ten years, and although lending criteria are slowly changing, many lenders will not even consider an applicant who has had a bankruptcy. What's more, a Chapter 7 bankruptcy can cost you most of your property. Before making a decision to declare bankruptcy, estimate how bad your situation really is. On a piece of paper, make a list of all your assets and the approximate value they could be sold for. On the other side, add up all of your debts. If the debts exceed the assets by a large percentage, you may wish to consider bankruptcy. On the other hand, if it seems that your situation may improve (you may get a new job or a second income), or if your assets are of greater value or close in value to your debts, a different approach may be appropriate.
Negotiate with your creditors
Explain your situation and ask for more time to pay. If the creditors refuse and continue to threaten garnishment tell them such action would force you into bankruptcy. No creditor wants to hear the "B" word. Using bankruptcy as a threat is a very powerful negotiating tool, confronting creditors with a choice between getting a little each month or probably getting nothing through bankruptcy. Don't try this tactic on secured creditors. They may decide to repossess your property to avoid having to go through court.
Contact Consumer Credit Counseling
As mentioned earlier in the book, Consumer Credit Counseling is a non-profit group funded by creditors to help consumers negotiate repayment plans. It is often able to negotiate payment arrangements better than the individual because of its constant contact with a variety of creditors. If you can't negotiate a satisfactory arrangement, give these people a try. Remember, the fact that you are using credit counseling may appear on your credit record.
Consider Chapter 13 bankruptcy
This kind of filing allows you to repay your debts in a court-mandated fashion and will appear on your credit record for only seven years, If negotiations fail or there simply isn't enough money to make ends meet Chapter 7 bankruptcy may be your only option. Bankruptcy does not necessarily discharge all debts. If your debts are exempt from bankruptcy, filing will do very little to improve your situation. If a co-signer was used, the debt would then be owed by the co-signer, unless that person also declared bankruptcy. In community property states a spouse's assets and debts would also be included in the bankruptcy, assuming they are community property. Consider all very carefully before deciding to file.
Non-Dischargable Debts - Bills You Have To Pay In Spite Of Bankruptcy
Certain kinds of debt cannot be automatically eliminated by bankruptcy filing. They must meet certain requirements before being eliminated by bankruptcy. If most of your debts are non-dischargeable, bankruptcy may not solve your financial dilemma. The only ways a non-dischargeable debt can be eliminated through bankruptcy are through an exception being granted by the court, a certain period of time transpiring since the debt was due, or because the creditor does not object to the discharging of the debt. Certain debts can only be discharged by an exception. They are:
The Filing Process
All the appropriate papers can be obtained from your local bankruptcy court. Consult the yellow pages under Government Services (usually in the beginning of the book) for an address and phone number. The court allows you fourteen days from the date of an emergency filing to complete the formal process. If Chapter 7 bankruptcy is being filed, you will need to send in the following forms after you have received them from the court:
· Statement of Financial Affairs.
· Schedule of Current Income and Current Expenditures.
· A schedule describing your debts.
· A schedule describing your property.
· A schedule listing exempt property.
· A summary of the above schedules.
· Statement of Intention in regard to your secured property and what you intend to do with it
· Statement of Executory Contracts describing contract that will need to be fulfilled, such as auto leases.
· Bankruptcy Petition cover sheet.
· Mailing addresses of all creditors.
· Any required local forms.
A fee will also be assessed, usually $90, due at the time of filing. The court will usually accept installments of a four-month period. An application for installments must accompany the petition.
After your petition is filed, a meeting of the creditors will be arranged. The court appoints a trustee to preside over the meeting and to be responsible for the liquidation of assets. With most smaller bankruptcies, only the person filing and the trustee will attend. The trustee, who is usually a local attorney, will ask several questions about the information on the bankruptcy documents. Call and ask the court clerk what papers you will need to bring (usually financial statements or sometimes even tax returns). If a lot of property is involved, especially if it is nonexempt, property, your creditors may show up to protest any exemptions. They may also attempt to grill you about your intent to pay the bill or about lying on your application. Answer truthfully and there shouldn't be a problem.
If the creditors' attorneys become abusive, demand a hearing before the bankruptcy judge before the proceeding goes any further. If the creditors object to any of your exemptions, they have 30 days after the creditor's meeting to file an objection with the court. The court will schedule a hearing and you will be given the opportunity to respond, although you don't have to. A creditor may also try to claim a debt as non-dischargeable because of fraudulent acts, a @ or malicious act, or embezzlement or theft. He can only accomplish this if he successfully raises the objection within sixty days of the creditors' meeting. To defend yourself, you or your attorney will have to file a written response and be prepared to argue your case in court.
Once all the requirements have been met and your intentions have been made clear, the court can declare the bankruptcy discharged. No formal hearing will be held unless you have chosen to reaffirm your debt in which case the judge will want to be sure that you understand what you are doing. After this time, provided the creditors do not raise any objections, the dischargeable debts are erased.
Picking Up The Pieces
Bankruptcy was once the lowest disgrace that could befall someone. Today, however, it is commonplace. Corporations declare bankruptcy to get out of contracts or avoid legal judgments. Individuals rely on it to protect them from a society that extends credit too quickly.
Bankruptcy does not mean that you will automatically be denied all credit for ten years. In fact, many firms look at bankruptcy as a responsible way of discharging debts when there is no other way out. Creditors fear bankruptcy, but they also realize that if they lend to someone who has declared bankruptcy, they need not worry about another bankruptcy for seven more years (you can only file once every seven years). If you happen to have a good explanation for the bankruptcy, such as medical bills, divorce, or some other catastrophic event, a creditor may be willing to overlook it and extend credit. Ask potential creditors about their policy toward bankruptcies. Their responses may be surprising.
Amputations - Are There After Effects Following Amputation?
Why is it important to understand some of the various Florida auto insurance laws? Well, if you live in the Sunshine State, you are well aware of the exodus of car and home insurers in recent years, due to the high number of claims resulting from hurricanes. Insurance is very important in a state where you could be hit by natural disasters, as well as other perils, at any moment. Before shopping around for car insurers, Floridians should be aware of the laws concerning car insurance in the state.
Florida Auto Insurance Requirements
Now that you are aware of the FL auto insurance laws that you need to know, you are ready to start shopping around. Use an online quote tool for the quickest, more efficient way to get quotes that you can easily compare and contrast to be sure you get the best FL car insurance deal available.
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Automobile Accident Attorneys
Workplace accidents can have a devastating effect not only on the life of the victim, but the family members as well. Millions of work related accidents happen across the world every year in which innocent workers get hurt and suffer losses. There are many different types of jobs which are dangerous by nature and this means that it is important to ensure the safety of employees. Other jobs although may not be too dangerous, but, employers still have a duty to ensure the well being of their staff.
Work injuries are common, but as a worker, it is important that you understand that there are rules which have been designed to protect you from workplace hazards as well as assist you if you have been injured whist at workplace. This means that workplace injuries and accidents should not occur in the first place, but if they do happen for which the employer or another person is responsible, then you may be in a position to make work injury claims.
There are thousands of injury lawyers who will be happy to help you with your claim without any cost to you. This is possible because these injury lawyers will recover their fees from your opponent if the claim is successful. To make a work injury claim, ensure that you have legal representation. Work injury lawyers know how to deal with big insurance companies and how to help you bring up a strong work injury claim. They also know how to maximise your compensation claim so that you recover a high level of compensation.
Texas Criminal Appeals
If you've ever watched a crime drama, you're probably at least passingly familiar with the way a court's decision can be appealed. Whether or not you've watched courtroom dramas in the past, you may not know how the process actually works in the real world. As an American citizen, it's important to have a reasonable understanding of the way the courts work, in case you ever need to defend yourself.
The Appeals Process
The appeal process begins if one party is unhappy with the court's decision following a trial. This party can appeal to a higher court, called an appellate court, which will review the decision. So if either the defense or the prosecution feels that the first trial's decision was affected by a serious legal or procedural error, they can ask the appellate court to review the case. The decision of this higher court actually overrules the decision of the lower court, effectively replacing the previous decision.
The appellate court may also examine whether or not the evidence which was entered into the trial does, in fact, support the verdict. This is much more difficult to prove, since the appellate court usually only reviews the transcripts of the previous trial, rather than hearing new testimony. It is fairly rare for a verdict to be changed in this case, although it has been known to happen.
Amusement Park Injuries - Know Your Rights
I went through a couple of web sites and researched data that was on the Internet regarding ride accidents. I was curious as to the amount of ride accidents and the severity of them. I have been a carnival game operator for 19 years and I hardly see or here of any accidents.
My research was based on the year 2007 only. I looked in only two major web sites and they showed several accidents. These two sites were somewhat duplicates and the one site, amusementsafety.org, had all the accidents on rides that the other did for my area of research. I did leave out all accidents that occurred everywhere except the continental United States. That means I excluded all other countries plus Alaska and Hawaii. The reason for that was that I have never traveled with the carnivals any where but the continental United States and Puerto Rico. Puerto Rico did not have any accidents listed on these web sites.
I found 33 separate accidents listed. 17 happened on carnival lots and 16 happened at other venues such as amusement park, zoo, indoor playground, and other permanent stationary facilities. I feel that there were many more accidents that were not reported but do not know. Some accidents are so minor and if the person does not go to the authorities it will go unreported. When you factor in how many times people get on rides, 33 seems like an extremely small amount of accidents.
I do not ever work for stationary amusement companies and do not know what their policies are. I do know that several carnivals have something, in reference to safety, on all their ride help uniforms. It becomes sort of a subliminal message. I remember on Wade Shows continually picking on ride help about their Safety First that was printed on their shirts backs. If I seen them so much as drop a hot dog I would repeat the saying, safety first. No matter how it worked, it is a steady reminder to the ride help. And the bottom line is there should not be any accidents.
About White Collar Crime
When attorneys think of becoming admitted to practice law in the United States the first thing that comes to mind is state bar examinations. However, federal courts have their own admission criteria which is typically much less onerous than state bars.
There are literally hundreds of federal courts in the United States. They include the Supreme Court of the United States, regional circuit courts of appeals, courts of subject-matter specific jurisdiction, military courts, district courts and bankruptcy courts. Admission to U.S. district cts. is determined by the local rules of each court. Some district cts. require an attorney be a member of bar of the state where the district ct. is located, while others simply require an applicant to be an active member in good standing of any U.S. state or territory bar. Federal cts. typically do not have their own examination requirements; however there are a few exceptions including the U.S. District Cts. for Puerto Rico and the Northern and Southern Districts of Florida.
Admission to a federal court is usually good for the life of the attorney, however, some courts require attorneys to periodically file forms and/or pay nominal dues to maintain their memberships.
While federal courts do not have official affiliations with bar associations as many states do, there are a number of voluntary bar associations geared towards members of particular district, circuit or subject-matter specific courts. Many federal courts also have historical societies that members of the bar can join.
What is Product Liability?
When you sustain an injury at work, you are entitled to worker's compensation as per your state's requirements. However, some there are several federal acts that work to protect your rights if you have been injured at particular jobs. These include the Black Lung Benefit Act, the Federal Employees' Compensation Act, the Federal Employer's Liability Act, the Federal Jones Act, and the Longshore and Harbor Worker Compensation Act. This article provides an overview of these acts, and a brief explanation of when injuries may deserve more than just workers' comp.
Black Lung Benefit Act (BLBA). Because of the terrible damages accrued by coal miners in their chosen field, the worker's compensation is federally regulated. Breathing coal dust causes things like pneumoconiosis, or black lung disease. This horrid illness can completely disable a person. For those who are wholly unable to work due to black lung disease, BLBA gives monthly monetary assistance to the victim and the victim's family, as well as providing medical benefits. Because black lung is so deadly, BLBA can also offer payments to the survivors of a miner who died of pneumoconiosis.
Longshore and Harbor Worker Compensation Act (LHWCA). Basically an extension of the Jones Act, the LHWCA provides benefits to workers that are not covered by the Jones Act. This includes compensation for both injury and disease that occur as a result of working on navigable waters.
Usually, a person can obtain financial help if they are injured on a job. However, sometimes injuries are beyond regular, expected occurrences. If someone acts negligently and causes you to sustain an injury, this can count as personal injury where you can sue for more monetary assistance.
For more information on personal injury law, check out the Phoenix personal injury law experts at the law firm of Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. today.