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Showing posts with the label damages

Auto Accident Victims and Lost Wages

If you've been injured in an auto accident due to the negligence of another driver, and our injuries prevent you from working or reduce your ability to work, you have a right to recover lost wages. Generally, to recover for lost wages, one of two things must occur: An injury must be the direct result of the accident, or a pre-existing injury was made worse by the accident. To prove lost wages, produce the pay stub from your most recent paycheck prior to your injury. Tips and non-salary benefits should be included as well. If you are self-employed, you will need to submit proof of what you would have earned. Keeping detailed, organized records pays off in these circumstances. If a motor vehicle accident results in a long-lasting or permanent injury-including chronic pain or fatigue - that will affect your ability to earn a paycheck, you may have grounds to recover for "lost earning capacity." In some situations, you can claim this even if you can work- for instance, if...

Post Bail or Go to Jail

Bail is cash, a bond, or property that an arrested individual gives to the court to regain their freedom - at least until their trial - and to ensure that they show up for all scheduled court appearances. If they fail to do so, the court will keep the bail money and issue an arrest warrant. The bail amount is set by a judge. Factors taken into consideration include the seriousness of the crime, the accused's prior criminal record, their financial resources, and their likelihood of being a flight risk. In some states, a suspect may request a lowered bail at a special bail hearing or at their arraignment (first court appearance). If the accused has been charged with a particularly serious or violent crime, or the judge believes that they are a danger to the community, might flee to avoid trial, or will likely obstruct justice by tampering with witnesses or destroying evidence, bail may be denied. If a suspect violates the court's conditions of release (e.g., obeying all law...

Skeletons in Your Closet?

It's a scenario we see all too often: Let's say you're involved in a wreck that wasn't your fault, suffered some pretty serious injuries, and are filing a personal injury claim to receive compensation for those injuries. Now, let's also say that you were in an accident years ago or have some old, pre-existing injuries or conditions that you feel hurt your claim, so you're thinking about withholding that information from your lawyer. We've got some absolutely critical advice for you: DON'T DO IT! The reason why is that you can be sure that the insurance company will be digging into your past to discover any old accidents or injuries, and trust us, their investigators will find out that information and they will use it against you to minimize or deny your claim altogether. The good news is that if you share that information with your lawyer right from the start, he or she can be completely prepared to deal with those kinds of issues and can build ...

When You've Soured on Your New Car

For some people, the excitement of driving a new vehicle quickly dissipates with the emergence of a significant malfunction, defect, or other problem that wasn't part of the deal. To meet the criteria of "lemon," a vehicle must have a substantial defect that presents itself within the warranty limits, or continue to have the defect after a reasonable number of attempts to fix it. Generally speaking, when a defect occurs that is not caused by the owner after purchase- unlike, say, someone driving their car into a lake - and it impairs the use, value, or safety of the vehicle, then it's considered "substantial". If your car meets the terms of substantial defect, the dealer and/or manufacturer get a "reasonable" number of cracks at repairing it. Up to four repair attempts is commonly considered reasonable, but serious safety defects may qualify after just one attempt. A car may also be deemed a lemon if it has exceeded "x" number of days...