Getting What You Need After an Accident

VA Claim Denied? You May Need Stronger Evidence

Posted by on 2:43 am in Uncategorized | Comments Off on VA Claim Denied? You May Need Stronger Evidence

Receiving a denial from the Veterans Affairs (VA) claim system can be a confusing process with not much info on how to make a successful appeal. There’s a document attached to all VA claim correspondence about how to file a claim, but there may be a lot of missing information in terms of what went wrong. If you’re unable to figure out exactly why your claim was denied and can’t get in contact with the VA officials in charge of your claim, consider a few traits of the VA claim system that could help. The Service Connection Test To be considered for compensation, you must prove that your injury or condition is service-connected and that it is permanently disabling. Service connection means that the condition can be linked directly to your military service, either because you were injured or affected during military service or that a pre-existing condition was made significantly worse because of your time in the military. In order to prove connection, you’ll need a list of evidence that places your injury or condition in the right place at the right time. You’ll need documentation that dates back to your military service and preferably a location to show the events that transpired to cause your condition. It isn’t impossible or particularly difficult to file a claim for conditions caused by general wear and tear, but it requires a bit of historical data reaching throughout your military career. Although it’s possible and understandable that you may not have noticed gradual stress on your body until the end of your military career, such reports may be rejected due to being too similar to fraudulent claims. The VA disability system is well known, and there is a tactic amongst separating military service-members to claim injury right before leaving the military to guarantee benefits. Such denials usually include language such as “condition too close to EAOS”, meaning that the issue was suspiciously close to your end of active duty service (EAOS). The more, older information you have, the more likely you are to dodge such issues. Current Condition Evidence The military can be a hectic environment, and it’s not at all impossible to be injured weeks or even days before leaving your duty station. If you believe you’ve been treated unfairly by the VA claim system, don’t give up; file an appeal and gather up-to-date information.  If you’re preparing an appeal, it’s likely that you’ve already had a compensation and pension (C&P) examination. Although the VA strives to give veterans equal treatment at all facilities, the long wait times and sometimes rushed treatment at large VA hospitals may mean that you didn’t get the attentive care and examination you deserve. Consult a personal injury attorney as early as possible to get assistance with your claim. As you work through your claim appeal, the attorney can research your information to build a better strategy for writing the appeal. This can include interviewing people from your military past, examining your career for traits that have proven track records of injury and working with seasoned, claim system-experienced medical professionals. Don’t let denial discourage you, as an appeal often goes through much faster than letting your claim expire and trying again after years of waiting. Instead of quitting, get in contact with a lawyer for...

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You’re Out On Bail: 5 Ways To Follow Your Attorney’s Orders To Avoid Trouble

Posted by on 6:30 pm in Uncategorized | Comments Off on You’re Out On Bail: 5 Ways To Follow Your Attorney’s Orders To Avoid Trouble

You were in the wrong place at the wrong time. Now you’re out on bail and your attorney has told you to stay out of trouble. It may seem like a simple statement. However, a lot goes into staying out of trouble while you’re awaiting trial. Here is a brief list that will help you avoid problems now that you’ve been released from police custody. Avoid Drugs and Alcohol Being out on bail is not the time to get involved in drugs or alcohol. In fact, if your crime is related to either of those substances, being caught under the influence may get you placed back in police custody. Stay Away From the “Old Gang” If your friends are responsible for your recent brush with the law, you should avoid associating with them until after the trial. This is especially important if there is a history of criminal behavior when you’re with a certain group of friends. Remain in Contact With Your Attorney Your attorney is going to need to speak to you while you’re out on bail. This is the time that they’ll be developing your defense. Not only that, but your attorney will need to know how to get in touch with you in an emergency situation – such as if the prosecutor wants to discuss a deal.   Be sure that your attorney can contact you at all times. If you’re going to leave town, let your attorney know where you will be and when you’ll be returning. If the court has ordered you to stay in town, you will not be able to leave the area. Don’t Talk Without Your Attorney Present When you were arrested, you were read your Miranda rights. One of those rights is to have your attorney present during questioning. You don’t lose that right simply because you’re out on bail. If you’re called in for questioning while out on bail, contact your attorney immediately. Don’t speak to investigators until your attorney can be present. Be On Time to Court Appearances Judges don’t like to wait. If you’re late for your court appearance, the judge may revoke your bail and order your return to police custody. If you have scheduled hearings, be on time. If you’re faced with an emergency – such as sickness, accidents, or car trouble – notify your attorney as soon as possible. Contact a legal office such as Cross, LaCross, & Murphy PLLC for more...

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Details Surrounding Mineral Leases And Royalties

Posted by on 11:32 am in Uncategorized | Comments Off on Details Surrounding Mineral Leases And Royalties

One of the main aspects of oil and gas law involves the leasing of properties. It is common for companies to lease land from property owners rather than buying the land outright. When a property owner chooses to lease land to a company for extraction of minerals, it is possible for royalties to be an integral component of the lease. There are a variety of different components of mineral leases and the function of royalties that must be understood before a lease is signed by a land owner. No Purchase of Land There are many instances when a mining company would choose to lease land from land owners rather than buy the property in full. This often occurs when a mining company is not completely certain the amount of minerals that can potentially be extracted. When there is uncertainty, it is common for a mineral lease to be agreed upon between a land owner and the company looking to extract minerals. It is possible to lease just the mineral rights or a certain percentage of the mineral rights on any land. What a Lease Agreement Provides A lease agreement that is binding between a land owner and a mining company offers certain rights to both parties. The mining company has the ability to go onto the property and perform a variety of tests. These tests are designed to determine if there are enough minerals within this area. Simply to have the right to conduct these tests, it is necessary for mining companies to provide payment for the amount that is specified in the lease agreement. The land owner often gets access to these funds once the lease is signed. This payment that is given to the land owner allows the mining company to have access and rights to the property for a specified amount of time that is detailed within the lease agreement. Royalty Payment If a sufficient amount of minerals are found to exist on the land, it is likely that the mining company will begin producing minerals. Once the minerals are produced, the land owner will begin to receive royalty payments. The actual amount of the royalty owed should be stipulated in the lease. It is normally a share of the income made during production of the minerals. The amount of royalties can be based on volume of minerals produced from land or a percentage of value when produced. Any terms that a land owner would prefer to be included in the lease can also be added as long as the mineral company agrees to terms. For more information, contact lawyers like Roberts Miceli & Boileau...

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3 Costly Mistakes In Your Dog Bite Claim

Posted by on 4:55 am in Uncategorized | Comments Off on 3 Costly Mistakes In Your Dog Bite Claim

Getting bit by a dog isn’t exactly a pleasant experience. It can take a toll on your emotional and physical health. Regardless of whether you were walking down the street or in your own yard, no one deserves to have a dog run at them and attack them. If you were the victim of a dog bite, here are a few things to avoid that jeopardize your claim for compensation. Failing to Take Pictures of the Injuries One of the main things you want to do after being bitten by a dog is to take pictures of the injuries. Having pictures taken right after the accident occurred will show the insurance company just how bad the attack was. You don’t want to wait a week and take pictures. At that point, your injuries will have started to heal and it won’t be a true depiction of what occurred on the date in question. By showing just how vicious the dog was, it will help to improve your chances of getting the compensation you deserve for your pain and suffering. Waiting to Get Checked Out by a Medical Professional Regardless of whether you think your injuries are serious or not, you need to get into the doctor or clinic to have them checked out. You never know just how bad your injuries are until they have been inspected by someone who can examine them fully and make sure it isn’t worse than what you thought. By documenting your injuries and getting them treated properly, you can make sure you get the compensation you deserve for all of your injuries. What might not seem so bad in the beginning can turn into something worse within a couple of days. Jumping the Gun on a Settlement Offer Insurance companies will often try to offer you a settlement right away to get the case done and over with. Unfortunately, the settlement amount will often be for less than what you deserve. While you might need the extra cash to pay for your medical bills and lost wages, that doesn’t mean you should accept being shorted on the claim amount you deserve. You are better off letting your lawyer negotiate with the insurance company to get you the money you deserve. By not making one of the mistakes above, you can make sure you get the compensation you are entitled to receive. For more information about personal injury cases, contact a professional like those at Swartz & Swartz...

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Being Harassed In The Workplace? Here Is What You Can Do

Posted by on 12:45 pm in Uncategorized | Comments Off on Being Harassed In The Workplace? Here Is What You Can Do

You have the legal right to stand up to your employer if you feel that you are being harassed. Harassment can include making crude jokes, physical assault, and even unwelcome sexual advances. If you are being harassed, here is what you need to do. File a Complaint With Your Employer Chances are, your employer has a complaint process to handle harassment. Talk to the human resources department to find out what steps you need to take. This is an important step which you cannot skip. If the harassment continues, you need to prove that your employer was notified, which makes him or her legally responsible for handling the issue. To help protect your future legal options, it is a good idea to get everything in writing. Even though you can verbally talk to human resources about what is going on, you also need to write a letter or statement detailing the harassment. A paper trail becomes very important if you need to take further action. Keep any correspondence you receive from human resources in a safe location. File a Complaint With the EEOC The Equal Employment Opportunity Commission, or EEOC, is reasonable for investigating charges of discrimination that are filed by employees around the country. Not only will the agency investigate your complaint, but it will also work with your employer and you to reach a resolution to the issue. In some instances, the EEOC has even filed a lawsuit on behalf of complainants against employers. You only have 180 days from the date the harassment started to file a claim, so take action quickly. You cannot skip this important step. Some courts will not allow a lawsuit to proceed against an employer unless a complaint was first filed with the EEOC. Once the EEOC investigates your complaint, if it decides in your favor, you can receive a right to sue letter. The letter can clear the way to filing a lawsuit against your employer if the harassment has continued. File a Lawsuit The final step in stopping the harassment from your employer against you is to file a lawsuit. The lawsuit is not an overnight solution to settling your case. When you file the lawsuit, you and your lawyer have to outline exactly what you want from your employer as a solution. For instance, you can ask for punitive damages if you suffered emotional distress due to the harassment, attorney fees, and lost wages if you were unable to work as a result of being harassed.  You should never be afraid to take action if you are being harassed. You are legally protected from retaliation from your employer if you complain of harassment. If you do not already have an attorney, talk with one about your rights and whether or not you have a case. One attorney who might be able to help you is Michael Terrence Conway &...

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Sick From Food Poisoning? 3 Things You Have To Prove Before You Can Win A Personal Injury Case

Posted by on 3:44 am in Uncategorized | Comments Off on Sick From Food Poisoning? 3 Things You Have To Prove Before You Can Win A Personal Injury Case

In the United States, approximately 48 million people get sick from eating contaminated food each year. Unfortunately, over 120,000 of them get sick enough to be hospitalized and nearly 3,000 die. Contamination can occur at any time during the production and preparation of the food. If you become ill after eating food prepared at a restaurant or after eating a product contaminated before it was packaged, you may be able to seek compensation via a personal injury lawsuit. However, there are a few things you have to prove before you can win a personal injury claim. You Ate Contaminated Food This is often the hardest part of your case to prove, but it’s essential to winning your case. In order to win, you must be able to prove you ate contaminated food. If several people become ill after eating a certain dish at a restaurant, it’s much simpler to prove the food was contaminated. If you’re the only one that got sick, however, you usually have to go to the doctor so they can identify what type of bacteria is involved. The contaminant must then be traced back to the restaurant.  You Got Sick from the Food Secondly, you must prove you actually got sick from the food. This is often accomplished by visiting a doctor and getting a detailed report of your illness. It’s also a good idea to have your doctor take a stool sample so they can identify the exact contaminant that made you sick. If you know the type of bacteria involved, such as hepatitis, listeria or norovirus, you can draw a direct link from your illness to the food. If you can’t do this, the defense may argue you merely had a stomach virus and not food poisoning.  The Defendant Is at Fault You must also prove the defendant is at fault. This can be done in one of three ways. First, you can prove the restaurant was negligent. Uncooked food, unsanitary conditions and unsafe food handling practices fall under negligence. Second, you can prove the restaurant served you defective or dangerous food. In this case, you may also be able to seek compensation from the food manufacturer or distributor. Third, you can seek damages by claiming the restaurant breached an implied warranty that the food was safe for consumption. Personal injury cases involving food poisoning are sometimes difficult to prove. But with the help of a personal injury lawyer, like Cobble Jeffrey A Attorney, and if you can prove all of the three things above, you have a good chance at winning your...

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Need Legal Help? Know When To Use A Private Practice Attorney And When To Use A Law Firm

Posted by on 6:03 am in Uncategorized | Comments Off on Need Legal Help? Know When To Use A Private Practice Attorney And When To Use A Law Firm

If you are in a situation that involves the law, having an attorney who can explain the entire situation to you and then make sure everything works to your best interests is often the best way to take care of it. It doesn’t matter if you have been accused of a crime, need to evict a tenant or have a contract to sign. If there is legal terminology, or the court is involved you should make sure you understand everything exactly. The question is whether you should choose a private practice lawyer or go to a law firm. Here is some information to help with your decision. When to Choose a Private Practice Lawyer If you have a single, simple legal issue, going with a lawyer who has a practice based on this issue is probably your best bet. This is common for things like real estate or business contracts, personal injury cases, and family law. This lawyer spends all day dealing with the same kind of issue you have. He or she knows how the different judges handle the cases and also know the opposing lawyers. The lawyer may have a legal aide to help with any research and run errands. This will be less expensive than having the lawyer do all the footwork and will save you money. When to Choose a Law Firm When the situation encompasses multiple problems, using a law firm can be of great benefit. This can be a DUI situation when there was an accident with injuries. You will need a lawyer experienced in DUIs, but also one to handle the personal injury part of the situation. You may even need a third lawyer to deal with the criminal aspect if you have been charged with negligent homicide. It is also good to use a law firm if you are going to be needing legal help on numerous occasions for a variety of reasons. This is usually how businesses handle their legal issues and will keep a firm on retainer. While it is true that any lawyer can handle any type of legal issue, having one with experience in the area of law you need can be the difference between winning and losing the case. Ideally, your attorney will be able to settle everything without the need to go to a court trial. For more information or if you need legal assistance, visit http://gomezmaylaw.com/ or a similar...

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Understanding Liability In Car Accident Injury Cases

Posted by on 6:00 am in Uncategorized | 0 comments

Perhaps the biggest question in any car accident injury case is “Who was liable for your accident?” Basically, liability means fault. Unfortunately, the answer to the liability question is rarely clear cut. Naturally, the person who is liable for the accident is rarely in a hurry to admit that they caused your injury. However, with the help of a skilled car accident lawyer, you can demonstrate that the liable person should be held responsible for your injuries. Below, you can read more about liability as it relates to personal injury cases like car accidents. Negligence and Liability In most car accident cases, negligence plays a big part. A person is negligent when they fail to follow the laws of the road. Any type of negligence can potentially cause an accident, from a break in attention to driving over the speed limit. For example, if another driver entered an intersection just as the light was turning red and caused an accident, they were negligent. In this example, any injuries that you sustain occurred due to that negligence. While the other driver certainly didn’t intentionally cause the accident, they are liable for the result of their failure to fully follow the law, regardless of intent. Liability Percentages Because liability can often be shared in car accident cases, the majority of U.S. states have a comparative negligence law. This law allows for the courts to assign blame for the car accident in percentage form. For example, in an accident where you were severely injured, it might be determined that you were 10 percent responsible for the accident. The other driver will then be held 90 percent responsible for the accident. Your percentage of responsibility will be used to help calculate your settlement award. Once the total amount that you are entitled to has been determined, the amount will then be adjusted downwards based on how responsible you are. For example, if you are awarded a settlement of $20,000 and you are 10 percent liable for the accident, your settlement will be reduced by $2,000 since that is equal to 10 percent. Liability is a complicated issue in car accident cases, which is why it is so important to retain a car accident lawyer who has a firm grasp of accident law. Proving who was liable can be the difference between a huge settlement and being stuck with thousands in medical bills, so getting legal help ASAP is always...

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Lost Wages After Getting Injured In A Car Accident: How A Lawyer Can Help

Posted by on 11:24 am in Uncategorized | 0 comments

Are you living on a lower income after losing wages due to an injury from a car accident? As long as you didn’t cause the accident, you can recoup the wages that you have lost with the help of a car accident lawyer. In this article, learn what a lawyer will do to make sure you are compensated to prevent getting into a financial bind from the accident. How Can a Lawyer Make Sure a Car Accident Victim Gets Paid? Before a lawyer will proceed with helping you sue the driver responsible for your injury, he or she will talk to you about the incident. Confirming that you cannot be held liable in any way at the beginning of the case is vital for getting a judgment in your favor without a long trial. Your lawyer will get a copy of the accident report and do his or her own investigation of the incident to get enough evidence to prove that you are not guilty. The main purpose of the evidence is to have it handy in case the other party contests being in the wrong. Your lawyer will also figure out how much money you deserve in the lawsuit. He or she will gather enough evidence to merit the amount of money you are asking for. He or she will need copies of your past pay stubs to calculate how much money you have lost since getting injured in the accident. Other than getting compensated for your lost wages, a lawyer can help you get paid for things that include: Pain & suffering Current medical bills Medical bills that may come later Making your home handicap accessible Mental anguish for what you are going through It is also possible that your lawyer will assist with pursuing the other party’s auto insurance company for money to repair or replace your vehicle. Sometimes property and injury claims are handled separately when it involves getting money from an insurance company. Will a Car Accident Lawyer Work Based on Paying a Contingency Fee? It is likely that you will be able to get legal assistance based on paying a contingency fee. Fees owed to the lawyer will come directly out of money won in the lawsuit or if your case is settled out of court. The average amount paid will be up to 40% of what you are awarded, but may be based on how much money is left after your current medical bills are...

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3 “Secrets” That Your Divorce Lawyer Needs To Know About

Posted by on 3:54 am in Uncategorized | 0 comments

If you are in the middle of divorcing your spouse, there are probably quite a few things that went on during your relationship that most people don’t know about. Although certain secrets might seem better left untold, there are some things that you really need to tell your lawyer. If your ex brings up certain mistakes that you made during your marriage, for example, it could really make a big difference in your divorce hearing. These things can affect alimony, child custody and much more, so even if it is embarrassing, it is critical to tell your lawyer about these three secrets well before your divorce hearing. Then, your lawyer can help you work on a proper defense strategy and can be prepared for what might be mentioned in court. 1. Infidelity Cheating is often considered grounds for divorce, and your spouse can ask you for more alimony or even more of the marital assets because of it. Therefore, you need to be prepared for anything that might be thrown your way. Likewise, if your spouse cheated on you, you might be entitled to more money if you tell your lawyer about it, especially if you can prove it. 2. Substance Abuse If you have a drug or alcohol problem or have had one in the past, you might be embarrassed about the mistakes that you have made. However, you should know that if your spouse brings it up, it could affect child custody, among other things. Telling your lawyer about this problem is imperative, and he or she might recommend that you seek substance abuse treatment prior to your divorce hearing, especially if there are children involved. 3. Domestic Violence If you are a victim of domestic violence, your attorney needs to know about it so that he or she can protect you, such as by helping you take a restraining order out on your ex-spouse. Likewise, if you were the aggressor in this type of situation, you and your lawyer need to be prepared for it to be brought up in court. It isn’t abnormal to have secrets in your marriage that you don’t necessarily want the entire world to know about, and you shouldn’t feel as if you are alone in this situation. However, you shouldn’t keep these secrets from your attorney. Otherwise, you could be unprepared for court, which can affect you financially, with your children and in other ways. Therefore, any secrets like these three should be mentioned to your divorce lawyer as soon as possible. (For more information, contact Begley Carlin & Mandio LLP or another...

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