As a business owner, you have likely considered the  possibility of business litigation. You may even have insurance coverage for the costs associated with business litigation. Perhaps you have even been a party to business litigation over a dispute that arose regarding your business. Especially if you fall into this last category you know exactly how costly and stressful it can be to engage in business litigation. Even if you are the party initiating the lawsuit, business litigation can take time and money that you would rather avoid having to spend. So, you may be wondering, “What is the best way to avoid business litigation?” There are several good answers to this question, but this article focuses on one: Draft Strong Contracts.

 

• Contracts are essential to many parts of your business. Contracts are, no doubt, part of your daily business practice. Whether it is a contract for the sale of goods, employment contracts, or contracts for your services, contracts are essential to any business.

 

 

• It can be easy to overlook the importance of contract terms. Depending on the law in your state and the subject of the contract, you may not absolutely need a written contract. Even if you are required to have a written contract, you may be tempted to scratch something out on paper, or to use a template you found online to get the job done. Because you are likely dealing with so many contracts, you may feel like you do not have time to consider all the “fine print” when drafting or agreeing to contract with someone else.

 

 

• A large percentage of business litigation is related to contracts. Business litigation often arises when you are sued for breach of contract or when you need to file a lawsuit against someone who has breached their contract with you. However, much of this litigation can be avoided or simplified by having clear, concise contract language that specifies all requirements from both parties to the contract.

 

 

• You can reduce the number of times you must litigate and, if you do have to litigate, you can simplify court proceedings by drafting a clear contract for each transaction.  You should write all contract terms carefully, including dates, times, amounts, and any “side agreements.” By having a contract that correctly and clearly identifies the terms of your agreement you will reduce litigation by setting clear expectations. If you do end up in litigation, you will have a clear memorial of your agreement to show to the court. A qualified business attorney can advise you regarding what information you need to include in your contract to make it comprehensive and also to make it valid under your state’s law.

 

Remember, the best way to protect your business, including protecting it from potential litigation, is to consult with a qualified litigation lawyer Melbourne, FL. An experienced business litigation attorney will be able to offer you advice on a variety of topics including how to draft contracts that strengthen your business and shield you from unnecessary litigation.

 

Most of us know just how dangerous it is to use a cellphone while driving. The awareness of how risky this habit is has raised over recent years, as more and more collisions have happened because of it. It only takes a fraction of a second for a driver to become distracted while reading a text, to cause an accident of devastation. Even still, there is a small percent of drivers who use their phone while driving on a regular basis. Sadly, being so attached to this gadget may not only change the life of the driver for the worse, but an innocent person on the road as well.

Here in this article, we have answered a few questions people may have about why exactly this handheld device is so hard to distance ourselves from, especially when operating an automobile.

What if someone wants to break their cell phone use habit, what can they do?

The fact that a person is aware of themselves and wants to break a potentially harmful habit when behind the wheel, shows they do not want to be responsible for the loss of their life, or someone else’s. A few tactics you can utilize to help yourself not reach for your phone when driving are listed as follows:

1. Try to be less attached to your phone even when you are not driving. Spend an hour or more everyday disconnected from your phone. The average person checks their cellphone about fifty or more times per day, and they may often do so just as an automatic response.
2. If you are in the middle of a conversation via text, email or phone call, let the person know you are about to drive and will reach back out once you have arrived at your destination. This person will probably respond with much appreciation that you decided to not drive distractedly.
3. Keep your cell phone in the glove compartment locked away, and on silent or off. Even leaving your phone on buzz could distract you if you hear something vibrating in the glove box. It is best to just turn your phone off completely.

What is it about driving while using a cell phone that makes it common?

Nowadays, cell phones offer us most of what we need only within an arm’s reach. We use our cell phone as means of information, getting directions, tv shows, music, ordering food, paying our bills and more. When so much of what we need is within this little technology gadget, it makes sense that we have a hard time parting without it for a period of time.

What should I do if a driver hits me because they were on their cell phone?

You can consider seeking help from a car and Tow Truck Accident Lawyer residents count on about the accident, especially if you suffered substantial injuries and losses. Many people may turn to legal action in order to seek compensation for medical bills, vehicle repair costs, diagnostics, treatments, prescription medication and loss of pay due to missing work for recovery.

 

Asbestos refers to a group of six natural minerals made up of fibers that are resistant to certain chemicals, heat and fire. Because of these properties, they were once used in an array of products, such as fireproof gear and building materials. Since then, however, it was discovered that asbestos exposure was linked to severe health risks. In the 1970s-1980s, strict regulations were placed on asbestos and its use in products was halted. Asbestos was not banned or required to be removed, so today it remains in many homes, workplaces and products. In fact, many professions today are at risk for asbestos exposure. These harmful particles are colorless and odorless, so it is hard to know if you are being exposed. The following are some of the professions at risk of asbestos exposure.

Firefighters

When a building is on fire, the burning of materials like insulation, drywall and
ceilings could easily cause airborne exposure to asbestos. Firefighters
entering a burning building are at an increased risk of inhaling the particles.
Even after the ordeal, a firefighter can be exposed to asbestos particles that
remained on the fire gear and equipment.

Construction Workers

Asbestos can easily be disturbed and released into the air by any type of construction
work, such as demolition or renovations. When construction workers are on a job
site, they are at high risk of asbestos exposure, simply by inhaling dust and
debris from construction and may want to consult with a workers compensation attorney Long Island residents rely on.

Plumbers

Sewer pipes, flues and gaskets may potentially contain asbestos, meaning that
plumbers handling them are at risk of exposure. Even if they don’t contain
asbestos, the removing and installing of plumbing parts can easily disturb
building materials that do contain asbestos.

Electricians

Just as other professions that deal with renovations and building materials,
electricians are also at risk of exposure. Whether by working in a construction
zone or working within the walls, an electrician can easily inhale asbestos-containing
particles.

Shipyard Workers

Asbestos was heavily used in the shipbuilding industry because of its heat resistant
properties. Today, many of those materials still contain asbestos, leaving
shipyard workers at high risk of exposure.

What to do if You’re Exposed

Over the past several decades, a number of health risks and diseases have been linked
to asbestos exposure. Among these are pleural mesothelioma and other potentially
fatal cancers and lung illnesses.

If you are employed by any of the following professions, you could be at risk, so it is important to take the necessary safety precautions. Even working in an office building built in the 80s could leave you at risk of asbestos exposure. Any damages to asbestos-containing materials can lead to air exposure of the particles. If you believe there is asbestos exposure in your workplace, you should contact a professional asbestos remover. They can evaluate the building for asbestos-containing materials and determine if any has been damaged. In addition, they can safely remove any asbestos in the building.

If you believe you have been exposed to asbestos at another party’s fault, you may be entitled to compensation. A personal injury lawyer can review your case and help you determine the best course of action.

 

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Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into personal injury.

The motivation for many motorcycle riders is to enjoy a cruise around town, as a way of getting to work and back, or even as a sport. One thing a rider must think about is how to prevent injuries from happening to them while on two wheels. A threat for many vehicle drivers is the slick and slipperiness of the road caused by rainfall. This same threat applies to motorcycle riders too. Here we have answered frequently asked questions about how to play it more safe when riding while in, or after the rain.

 

When is riding a motorcycle in the rain most dangerous?

The road can be most dangerous when it rains after a few days of dryer weather. The layer of oil on top of the roads can make sharper turns and sudden movements riskier. If possible, it may be best to opt out of riding at all during rainy weather. If you are not able to avoid the rain, then wait at least a couple of hours before venturing out onto the roadway after the rain starts. In this way, you are giving the rain a change to wash away the oil, grit and grime off the pavement.

 

What should a rider watch out for during rainy seasons?

During colder seasons where rain is prevalent, a rider must be extra alert and aware at all times. Practice defensive driving, as vehicle drivers are at a risk of hydroplaning and may not be practicing safe maneuvering while in the rain. Be wary, as surfaces are at their most slippery when wet, especially when combined with oil. As tempting as it may be to splash through puddles, you may not know just how deep the crevice truly is.

 

Does a rider need to practice braking any differently in the rain?

It may be helpful for a motorcyclist to use more of the rear brake when riding in rainy conditions. It is always a good idea to permit plenty of area between you and another rider or car regardless of weather. But, this can be particularly true during the rain. In case you hydroplane or temporarily lose control of the bike, you will need more space to prevent from hitting the back of another vehicle. The distance needed to brake safely while in the rain can be dramatically longer than you may think. Ride at a slower speed and try to avoid heavy-weighted braking. If you must suddenly brake to avoid a threat or accident, pump the brakes to help prevent hydroplaning.

 

Are there helmets made with wipers installed?

There are some motorcycle helmets on the market that are equipped with wipers. Another option is a rider can buy a spray water repellent for helmets to increase level of visibility and lessen the accumulation of water sticking.

When riding in the rain or immediately after a downpour, a motorcyclist must be overly careful. Not only must a rider be aware of slipperiness, but other drivers who may not be driving how they should during the rain. Many car drivers still operate a vehicle as they normally do, not taking into consideration the additional risks. If you find yourself in a motorcycle accident, it may be in your best interest to reach out to a motorcycle accident lawyer Dekalb County GA residents trust.

 

Planning one’s estate is important for many people, but as a small business owner, you have additional reasons to consider undertaking this important step. Those reasons include your responsibility to your employees, business partners, and customers. When a business owner dies without leaving a continuation plan in place, it can be devastating for all of the people who depended on them. An estate plan is one tool that can be used to make sure the company’s assets and the business itself, continue after your passing.

An estate planning lawyer can review your professional circumstances and your desires for how you’d like your company to carry on after your passing. Though estate planning cannot adequately address all of the business concerns of a company, it can help tremendously when it comes to saving your heirs money when it comes to estate taxes. Talk to an estate planner to find out more. Below is some general information about tax issues and other reasons to consider planning your estate sooner rather than later.

Minimize Estate Taxes

Your estate planning lawyer can confirm if this will be true in your case, but an estate tax can be as much as half the value of the business and your heirs might have to pay that within nine months of you passing away. It may require them to sell your business, and depending on their financial situation, it might mean they sell your business for far less than it’s actually worth in order to meet their tax obligation.

One approach to solving this dilemma is to take advantage of existing federal tax breaks (Sections 303 and 6166) which are intended to reduce the tax burden on small business owners. However, there are caveats.

• Your heirs can only use these breaks once.
• For Section 6166, your company’s stock value must be more than 35% of the value of your estate.
• Your estate planning lawyer can tell you if the executor of your estate will be eligible to pay the estate tax annually over 10 years instead of all at once within nine months of your passing.
• Under Section 6166, the first tax payment will not be due for five years.

Asset Control

If you pass away without a will or trust in place, and your business assets are only under your name, then very likely all of your business’s assets will enter the probate process. They are then subject to a judge’s discretion as to what happens to them. Your debtors may lay claim to them in order to recoup their money. Others may also decide to take this step for any number of reasons. Without those assets, your business will likely fail and through no fault of those who stepped up to take your place. This scenario can be avoided with the help of an estate planning lawyer Abingdon, VA residents trust. By placing certain assets in a trust, co-owing the business or assets, and by taking advantage of other estate planning tools, your heirs and survivors minimize the risk of losing everything.  

 

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Thank you to our generous contributors at The Law Offices of Mark T. Hurt for the above information.

The short answer is that it depends.  Some cases can take as short as a few weeks.  However, most cases take much longer than that.  If you’re communicating with the insurance companies on your own, they will drag their feet about paying.

A lawyer expedites the process.  When the insurance company knows that the victim has an attorney, things happen much faster.  Insurance company adjusters and lawyers know that they cannot bully a good attorney, so they usually do not even try.  Instead, they get down to business.

Most cases settle out of court, and that could happen at any time.  Most cases follow this rough outline though.

Demand Letter

Once an attorney has an idea as to damages, s/he send a demand letter to the insurance company.  This can happen at any point during the case, so it could be before or even after the case is filed.  The victim/plaintiff agrees to drop all claims in exchange for a sum of money. This sum should accurately reflect the victim/plaintiff’s economic damages, such as medical bills, and noneconomic damages, such as pain and suffering.  The insurance companies then decide whether to accept the offer, counter-offer, or reject the offer. Most cases proceed to the next step.

Filing a Claim

Most states are notice pleading jurisdictions.  Complaints (the document that starts a lawsuit) only need a rough outline of the victim/plaintiff’s claims.  But this document must be filed before the statute of limitations runs in order to recover damages. If it’s even one day late, the victim/plaintiff loses the right to recover any money.

Discovery

Next, the parties exchange information and documents about their claims and defenses.  In the United States, a trial’s primary purpose is not to select a “winner” and a “loser.”  A trial is designed to discover the truth of the matter. Generally, there is both written discovery, such as document requests and written questions, as well as oral discovery, like medical examinations and depositions.

Mediation

In most states, mediation is mandatory.  A neutral third party works to facilitate a settlement between the victim/plaintiff and the insurance company/defendant.  By this time, each side’s claims and defenses are fairly well established, so most cases settle at mediation.

Although only a few cases go to trial, a diligent attorney should always be ready to go all the way to the jury.

Trial

This is the part where you get ready for court.  Every case can go to court and you should have a personal injury lawyer who knows how to try a case to a jury and who is ready.

Watching as a loved one suffers from mesothelioma is hard to experience. While the disease can take a number of years to manifest, once it is detected and officially diagnosed, the life expectancy of a victim is usually about one to two years. Only a very small percentage of people diagnosed live beyond 5 years. As a result, family members may seek financial retribution in the form of a wrongful death lawsuit. This process can be complicated, especially while enduring the grieving process. An attorney will be helpful in representing your family throughout, so that you can have the time and space to heal from the loss of your loved one.

Contracting Mesothelioma

Mesothelioma is a form of cancer that is contracted from exposure to asbestos. Asbestos is comprised of six minerals that are highly durable and resistant to heat. Asbestos is a popular material that was used in a number of industrial settings over the years. Although asbestos is not as commonly utilized, it is still a component in a number of settings. Asbestos particles are dangerous when inhaled because they will cling to a person’s lungs and cause serious problems over time. There are a number of industries that could increase a person’s risk to asbestos exposure including:

• Construction Workers
• Plumbers
• Factory Workers
• Asbestos Mining
• Shipyard Workers
• Mechanics
• Steelworkers

As a result, victims of asbestos exposure and their families should acquire the help of an attorney for support in filing a lawsuit.

Mesothelioma Wrongful Death Lawsuit

Once a person is diagnosed with mesothelioma, they are often facing a fairly short life expectancy. The road ahead will be challenging for the person who is suffering, and their loved ones. Once a person passes away, family may choose to take action by filing a wrongful death suit. Often the lawsuit is filed against the company who was responsible for the asbestos exposure. Family who may qualify to file for wrongful death include:

• Spouse
• Children
• Parents

Family may recover financial compensation to help pay for:

• Funeral Costs
• Medical Expenses
• Loss of Income (if the person who passed supported a family)

It will be important that family of the person who has passed, speak with an attorney, especially if they were financially dependent.  They can help with the process of a wrongful death suit. In most cases, companies using asbestos were well aware of the danger to their employees when working with the mineral. As a result, an attorney may be able to help you build a strong case for negligence.

Wrongful Death Attorney

An attorney will start by gathering as much information as possible to help prove wrongful death by:

• Interviewing people
• Researching the company the person worked for to determine if there are any other asbestos related claims.
• Figuring out an approximation of when the victim was exposed to asbestos.
• Determine the best way to file the lawsuit
• Help you determine whether it is appropriate to take a settlement offered by the company or take the case to trial.

Retaining the assistance of a wrongful death lawyer residents trusts will be beneficial when it comes to pursuing a wrongful death claim involving mesothelioma. Their services will be able to help you put together a case for a wrongful death lawsuit.

Broken bones are one of the most common injuries seen in personal injury accidents. Bones can break when they are put under a lot of pressure or twisted suddenly. While these injuries aren’t fatal, they can cause a lot of pain and put you out of commission for a while. If you break a bone in more than once place, surgery may be required. Let’s take a closer look at some of the common accidents that result in broken bone injuries:

Bicycle Accidents

Riding a bicycle can be a lot of fun and provide great exercise. However, bicyclists are in danger of suffering injuries, like broken bones, even if they wear helmets and other protective gear. These bicyclists can suffer broken legs, rib fractures, skull fractures and other musculoskeletal fractures. It is important for bicyclists to be extra aware of their surroundings and move away from dangerous drivers.

Slips and Falls

Slip and falls can happen in a variety of setting, including grocery stores, offices and people’s homes. Those who fall are at risk of suffering skull, finger, hand and wrist fractures. In severe cases, slip and fall victims fracture their hips, which is extremely painful and can lead to permanent disability. These types of accidents commonly occur because of wet or uneven surfaces.

Car Accident

Individuals involved in car accidents frequently suffer broken bones. During a crash, drivers and passengers can slam their legs and arms very hard against the car doors or dashboard, resulting in broken bones. If they are ejected from the vehicle, they risk other cars running them over, which can also break bones.

Assault

Victims of assault also often suffer broken bones. They can suffer a skull fracture if they are hit over the head or a broken arm if they fall during the incident. A person can even break bones if he or she fights back against the assailant. For example, if the person hits the attacker really hard, he or she may suffer fractures among the bones that form the knuckles.

Filing a Personal Injury Claim

If you suffered broken bones or injuries because of someone else’s negligence, you deserve justice. A skilled personal injury lawyer Salt Lake City, UT trusts can help you file a lawsuit against the person responsible for your injuries and receive fair compensation. Your lawyer will communicate with insurance companies on your behalf and ensure your rights are protected.

Your lawyer may want to know things like when the accident occurred and what sort of treatments you received for your injuries. Be as detailed as possible in your answers. If you have any documents pertaining to your accident, such as a police report or medical records, remember to bring them with you to the consultation. If you have any questions for your lawyer at the end of the meeting, do not be afraid to ask them. Thank you to Rasmussen & Miner for providing their insight and expertise on common accidents that result in broken bone injuries.

More and more people are beginning to realize the importance of having an estate plan in place, regardless of their age or financial status. The days of thinking only the rich or the elderly need an estate plan are slowing going away as more people address the issue head-on.

 

Along with this new attitude towards estate planning is the saturation of online websites that claim to offer solid legal advice in many areas of law, including estate planning. One of the factors used to entice people to utilize these websites is that they are much cheaper than retaining the services of a qualified estate planning attorney. However, the old adage “You get what you pay for,” definitely applies to these online DIY legal websites and many customers have found out the hard way that their finances are far from being protected the way the website promised.

 

Legal Document Service Websites

 

Although these legal document services websites seem very similar to law firm websites, offering similar services, they are far from being as professional as utilizing the services of an attorney.

 

The first thing a potential customer should know is that the majority of these services do not have attorneys like a law firm does. The people who are providing advice to customers are referred to as “document assistants.” Before someone can become an attorney, they are required to go through years of education and training and they are not allowed to practice law or offer legal advice until they have passed their state bar exam. Document assistants are not required to go through any of these requirements.

 

An estate planning attorney can examine the circumstances of each client’s situation and financial circumstances and determine what estate planning tools will work best for them, including different types of trusts, living wills, and more.

 

Not only can the document specialists not offer any legal advice, these companies cannot even guarantee that the documents they are providing you will be valid in the state the customer lives in. Consequently, anyone using these services is taking an unnecessary risk that the estate plans they put in place using the online company’s documents will even be legal.

 

For example, a person makes a will using an online legal document form. In the will, the person leaves a certain an expensive strand of pearls to a niece they have a special relationship with. However, when the person dies and the will is submitted to the courts for the probate process, the online will is found to be invalid. Instead of the pearls going to the niece as the decedent wanted, the court will now decide what will happen to the pearls – as well as the rest of the decedent’s assets and property – because the will is no good.

Whenever a trust or will is proven to be invalid, it can be very expensive for families to now have to deal with a contested trust or will. Instead of saving money by using the cheaper, online service, the legal costs can run into the thousands to straighten out the legal mess created by document assistants’ creations. This can all be avoided by having a professional estate planning attorney take care of all your trust, will, and other legal needs. In the event that you need an attorney, like a wills and trusts lawyer Scottsdale, AZ turns to, do not hesitate to contact one to make sure you are in the best position to tackle your case.

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Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on estate planning.

 

Motorcycles have become popularized as a mode of transportation which has heightened the risk of injuries from accidents. Usually this is because of the lack of protection a motorcycle provides as compared to traditional modes of transportation like cars. One of the more controversial causes of motorcycle injuries is lane splitting.

Lane splitting is a common practice that involves riding a motorcycle between traffic lanes (and between cars). They have this ability because they are smaller and easier to maneuver between cars in slowed or halted traffic. Sometimes it can be called filtering if it traffic is entirely stopped. California is the only state where motorcycles can split lanes legally. It is illegal in all others. You can receive an expensive fine if they are caught doing so.

 

Why Is It Illegal?

The most important reason lane splitting is illegal is because is safety concerns. It is controversial whether lane splitting or following traffic as another vehicle would is more dangerous. Vehicle doors opening in slowed or halted traffic is a major concern because for motorcyclists weaving through cars, it may be fatal.

Blind spots are also a major concern for motorcyclists. A truck and trailer has a large blind spot which might allow a driver to miss an oncoming motorcycle.  This threatens everyone involved in the accident as well as possibly endangering bystanders and other vehicles.

 

Who Is Liable?

The motorcyclist is usually deemed liable because lane splitting is illegal. It is extremely difficult to argue that the motorcyclist isn’t at fault in any of the 49 states that the act is illegal in. However, in California, there’s a chance that a rider may not be responsible. A rider must prove a few things to avoid liability:

 

• The automobile was changing lanes.

 

• The automobile driver was weaving through lanes.

 

• Distractions were preventing the automobile driver from paying attention to the road.

 

• The turn signal was not employed or they were unaware that they were drifting between lanes.

 

• The automobile driver is in a state of mind that has prevented him from driving safely.

 

States have varying legal regulations revolving around motorcycle operation.. If you live in California, there are a few ways to determine liability but if you do not, then you must remember that lane splitting is illegal. If you have endured an accident and believe you are not liable, employ a personal injury lawyer to help you settle or gain an award.

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