How To Deal With Sneaky Insurance Adjusters

If you need compensation for injuries due to an accident, you need to be aware of one important thing—insurance companies are in business to make—not give away—money!

Just because an adjuster is acting nice, that does not mean he is your friend. In fact, many insurance companies will pay the adjuster a bonus to settle your claim as soon as possible, with as little as possible.

Number one goal of the insurance adjuster

Regardless of whether you are dealing with your insurance adjuster or the other party--all insurance adjusters have the same goal and that is to save money. They get away with this by using a variety of clever tactics you should be aware of: 

• Delay, delay and more delays. Adjusters are sleek enough to know that the longer they delay, the more likely the accident victim will settle out of desperation to avoid losing their home, car and ability to pay for food and basic bills as well.

• Requests for unnecessary information. An adjuster might request documents that are 10, 20 or even 30 years old that have absolutely nothing to do with the injury that was suffered. They are fishing for information to discredit and to stall your claim.

• They will ask for a recorded statement. Do not give a recorded statement! The insurance adjuster wants a recorded statement is so that he can take things out of context to use against you at a later date. Your refusal to give a recorded statement is not evidence that you are trying to hide anything.

These are just some of the ways that adjusters can deprive you of money and benefits that you may be entitled to. If you have been hurt in an accident, talk to a personal injury before speaking to an insurance adjuster.

Tips on how to deal with the sneaky insurance adjuster

If you have not made a final decision on hiring a personal injury attorney, it is important to keep a few things in mind. To begin with, everything you say and do is being scrutinized by the insurance adjuster. You should never minimize your injuries in any way. The adjuster will be watching you very carefully and will make note of anything to discredit your claim.

Schedule meetings during normal work hours, even if evenings or weekends are more convenient for you. If the adjuster protests, let him know you prefer to meet during business hours, in case you need to contact certain “consultants” such as the Insurance Commissioner. 

Don’t go alone! If you have not chosen an attorney yet, you should attend the meeting with an adult friend or relative. Choose a reliable person who can accompany you at each meeting. This will help to keep a sneaky adjuster from trying to mislead you. Is that a possibility? Without a doubt! 

Let the adjuster make the offer. Typically the adjuster will begin by turning the tables on you in asking, “What do you think your claim is worth? And this is where accident victims without attorneys make one the biggest mistakes. The adjuster hopes you will ask for less than he was preparing to offer. Don’t give the adjuster such a big advantage! This is why having a skilled, experienced personal injury attorney is important. They will protect your rights and how to combat less than ethical practices by adjusters.

Keeping these tips in mind will help you avoid clever ploys and loss of potential benefits if you are an accident victim. If you are involved in an accident it’s advisable to seek the advice of a skilled, experienced personal injury attorney who can make all the difference between getting what you deserve and what the adjuster wants to give you.

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When Is Drunk Driving A Felony?

Many people travel to the state of Florida from other states as it is the home to many popular vacation spots. While on vacation, many people may consume alcohol while enjoying the beautiful beaches, plentiful clubs and bars, and luxurious weather. Sometimes an out-of-town guest can consume too much alcohol before getting behind the wheel of an automobile.

As most people are aware, there are two classifications of crimes, felonies and misdemeanors. Misdemeanors are often considered to be less serious crimes, which carry lighter penalties under the law. The penalty for being convicted of or pleading guilty to a misdemeanor can range anywhere from a small fine to up to a year in jail. The penalty for being convicted of or pleading guilty to a felony, however, is more severe. The penalty for being convicted of a felony can often be prison time. Drunk driving or a DUI is a crime that can be charged as either a misdemeanor or a felony. If you are facing a DUI charge in the Jacksonville, Florida area, it is important for you to retain the services of a skilled Jacksonville DUI lawyer. 

There are several factors, which can affect whether or not you are charged with a misdemeanor or a felony if you are pulled over and arrested for a DUI. These factors include whether or not anyone was injured, the number of previous DUI charges that are on your record, and your blood alcohol content (BAC). If you cause serious injury to another person as a result of driving drunk, you are more likely to face a felony DUI charge. 

In addition, having two priors DUI convictions on your record almost guarantee that you will be charged with felony DUI. When charged with felony DUI it is imperative that you retain the services of a criminal lawyer. Although the penalties for a misdemeanor DUI can be substantial, a felony DUI can carry some very serious penalties in many instances. Therefore, if you have been charged with a DUI, it is in your best interest to speak with a criminal attorney immediately. Criminal defense attorneys know the penalties that you may face for a DUI and how to minimize the repercussions for you.

AUTHOR: James Davis

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Probate & Estate – Executor’s Rights to Commence Legal Action Before Grant

Hong Kong has a large multi-national community and as a result, there is a huge number of international estates involving beneficiaries overseas or deceased domiciled abroad. Litigation involving foreign executors or beneficiaries are also very common. Recently, the Court of Appeal in the case of Nativivat v Nativivat [2013] considered an interesting question of whether an executor under a foreign will has the right to commence legal proceedings prior to obtaining grant of probate in Hong Kong.

In that case, the plaintiffs and the defendant were the children of a foreign national (“Deceased”) who died domiciled in Thailand. The plaintiffs were the purported executors of a Thai language will made by the Deceased in Thailand. In the Thai probate proceedings, the Thai first instance court held that the Deceased’s will was valid and the defendant lodged an appeal against that decision. As a result of the appeal which is still pending, the plaintiffs have not yet obtained any grant of probate in either Thailand or Hong Kong.

The plaintiffs brought proceedings in Hong Kong in their capacity as executors of the Deceased, seeking declarations that the deed of gift under which the Deceased had assigned her interest in a Hong Kong property to the defendant was void and/or of no legal effect and the property was therefore held on trust for the Deceased and her estate. The plaintiffs averred that the deed was procured by the defendant’s fraudulent misrepresentation. The defendant applied by way of Order 14A relief to strike out the plaintiffs’ claim. The lower court judge refused to determine the question of whether the plaintiffs have any locus standi to commence the present legal action, but granted a stay of the action pending a grant to be obtained in Hong Kong by the plaintiffs and a reasonable time had elapsed after the grant had been submitted to the defendant for inspection. The defendant appealed against the lower court’s decision. 

Rights of Executors Under a Will

It was not disputed by the parties that in terms of administration of estate, in so far as Hong Kong landed property belonging to an estate or claims in respect of the same is concerned, the title of the executor must be proved by a grant issued by the Probate Registry and the administration of such property would be governed by Hong Kong law.

The issue in this case at the Court of Appeal is whether the plaintiffs can advance their claims in this action in their capacity as executors appointed under the Thai will. The appellate court judges affirm the principle that an executor derives title and authority from the will of the testator and not from any grant of probate and this principle is based on the well settled principles of English law (see Comyns’ Digest, “Administrative” B 9 and 10). As such, a person may commence legal proceedings in his position as an executor before the grant of probate and continue with it up to the time when the production of the probate becomes necessary. An administrator (of a deceased died intestate), however, cannot commence legal action prior the grant as his title and authority are solely derived from his grant. The above principles apply to both foreign and local executors appointed by a will.

However, an executor, whether he is a local or a foreigner, needs to obtain a grant in Hong Kong before he can collect and distribute deceased’s estate in Hong Kong. The commencement of legal proceedings by an executor would not lead to assets of the estate falling within the hands of the executor before the grant of probate. In other words, an executor, has to obtain a grant in Hong Kong before he can prove his title and receive and distribute properties of the estate in Hong Kong. 

The importance of the ability to commence legal proceedings by an executor lies in the limitation period. In respect of a cause of action in favour of the estate of a deceased, the time will begin to run at the time of the deceased’s death if there is an executor under the will. If the limitation period would likely expire before the grant is made, the executor must commence the legal action promptly to preserve the claim.

Conclusion

The decision in Nativivat v Nativivat highlights a key difference between the powers of an executor (in the case of a will) versus an administrator (in the case of intestate) in terms of their respective rights to commence legal proceedings in Hong Kong. Whilst a grant must be obtained before either an executor or an administrator can receive and distribute the estate of the deceased in Hong Kong, the power of the executor (unlike the administrator) stems from the will rather than a grant of probate. Accordingly, an executor, whether local or foreign, would have greater powers to safeguard the deceased’s estate before a grant is obtained and must do so before the expiry of the limitation period.

AUTHOR: Angela Wang & Co

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Balch Springs Traffic Ticket Attorney: Speeding and Warrants

Have you been pulled over by law enforcement in Balch Springs, or in another Dallas County city, and written a ticket for speeding? If you are not able to afford points on your driving record, you may choose to dispute your violation rather than plead guilty to it. A speeding ticket attorney may be able to defend against your speeding ticket in the Municipal Court. The court will issue you a traffic warrant if you do not respond to your citation before it becomes outstanding.

The Balch Springs Police Department does not let speeding motorists get away with driving over the speed limit. If you have been issued a speeding ticket in Balch Springs, or in a nearby Dallas County neighborhood, and are worried about points being added to your driving record as a result, you may want to consider challenging your violation. An experienced traffic ticket attorney may be able to help you with this goal, no matter if you hold a Class C driver's license or a CDL. Be aware that drivers who do not respond to Balch Springs speeding tickets issued to them will eventually face serious consequences.

Have you neglected a speeding violation written to you by a Balch Springs police officer? If so, and the ticket is now outstanding, the Balch Springs Municipal Court may issue a warrant for your arrest. If you want to avoid incarceration and even a suspended driver's license, you may need professional assistance. A lawyer who has experience lifting arrest warrants and posting bonds in Balch Springs may be able to get your warrants lifted so that you can avoid jail time. If you have already been jailed, bail may be posted on your behalf and a Municipal Court hearing scheduled.

Balch Springs speeding tickets can be worrisome for any driver, but perhaps especially for CDL holders. Individuals who hold CDLs include commercial truckers, firefighters and bus drivers, and these people must rely on their clean driving record to remain on the job. Because pending traffic violations can potentially jeopardize CDL drivers' careers, they may especially benefit from the legal services provided by a local law firm. Commercial drivers are not eligible for probation or defensive driving courses, but an acceptable deal may still be worked out on their behalf in court.

ABOUT THE AUTHOR: Jack Byno
I'm Jack Byno, and I'm a Balch Springs traffic ticket lawyer. From my offices conveniently located in the Dallas-Fort Worth metropolitan area, I represent clients in a variety of traffic violation matters in Dallas County, including traffic warrants and speeding tickets. Contact me today for aggressive representation.

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Source: hg.org

Top Work Injuries and Illnesses in Healthcare Industry

Healthcare is the fastest-growing sector of the U.S. economy, according to the U.S. Centers for Disease Control and Prevention (CDC), employing over 18 million workers – the majority of which (80%) are women. Healthcare workers – including doctors, nurses, lab technicians, pharmacists, and a number of other professionals – are exposed to a wide range of occupational hazards.

Some of the most common healthcare work injuries include:

• Needlestick injuries
• Cuts
• Sprains
• Back Injuries
• Burns
• Repetitive stress injuries, such as carpal tunnel syndrome
• Latex allergies
• Exposure to infectious diseases

Unfortunately, the healthcare industry continues to account for a significant number of nonfatal work injuries and illnesses, whereas other dangerous industries – namely, construction and agriculture – have become safer in recent years. Needlestick injuries continue to be one of the most common injuries for healthcare workers. The Centers for Disease Control and Prevention estimates that approximately 600,000 to 800,000 needlestick injuries occur each year in the United States. In an effort to reduce needlestick injuries, there are various laws and regulations in place to promote safe working environments for healthcare workers. For instance, the Illinois Needlestick Safety and Prevention Act imposes various safety regulations on Illinois hospitals and certain other employers regarding sharp objects.

If you work in the healthcare industry and suffered a work injury or illness, you are likely entitled to workers’ compensation benefits. Workers’ compensation laws require employers to provide workers’ compensation benefits to injured employees regardless of who was at fault for the injury. Depending on the applicable state laws and regulations, injured healthcare workers may be able to receive the following workers’ compensation benefits:

• Medical expenses, including doctor visits, follow-up visits, physical therapy, and prescription medications.
• Temporary total disability (TTD), up to a weekly maximum payment amount, if you are unable to work while recovering.
• Permanent total disability (PTD) or permanent partial disability (PPD) benefits based on a percentage of your pre-injury wage, up to a weekly maximum payment amount.
• In some cases, vocational rehabilitation benefits such on-the-job training, schooling, or job placement assistance.

Workers’ compensation benefits are typically based on the injured workers’ pre-injury salary and are subject to minimum and maximum amounts, as determined by state law. Although injured workers are entitled to workers’ compensation benefits, employers sometimes do not provide the benefits in a prompt manner or they may seek to reduce the amount of benefits that are paid. A workers’ compensation lawyer can help protect your legal rights and ensure that you receive full and fair compensation following a work injury or illness.

ABOUT THE AUTHOR: Howard Ankin of Ankin Law Office, LLC
Howard Ankin of Ankin Law Office LLC focuses on handles workers’ compensation and personal injury cases.

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Source: hg.org

Internet Crimes can Amount to a Wide World of Trouble - Also Larceny Basics in Las Vegas

For individuals dealing with internet crimes in Las Vegas Nevada or Larceny charges, here are a few details about what this means to you.

Internet law is a relatively new specialty area, and continues to evolve with as technology changes. Online criminal activity can include everything from the solicitation of a minor to fraud, with there being varying degrees of punishment for each offense.
They are addressed in various chapters of the Nevada Revised Statute, and some may also be federal offenses because they happen across state lines. Punishment can include jail time, fines, probation or even restitution to the victim.

Regardless of the nature of the offense, one common element is needed in order to prove any of them. That element is intent, as an individual must intend to perform a criminal act in order to be found guilty of it. As such, accidentally visiting an offensive site or having your computer hacked into could both be valid defenses for Internet crimes, depending upon their nature.

The amount of evidence presented in one of these cases sometimes includes several thousand pages of documents, along with extensive computer forensic reports. Sorting through all this evidence is a daunting task, which is why those accused of an Internet crime should seek legal assistance.

Larceny Crimes in Las Vegas:

Chapter 205 of the Nevada Revised Statute deals with the crime of larceny, dividing it into basically two categories. The first is petit larceny, defined in Section 205.240 as happening whenever someone intentionally steals property valued at less than $650. The taking of property valued at more than $650 is considered grand larceny, which also carries stiffer penalties.

Petit larceny is normally punished as a misdemeanor, and can result in a short jail sentence, fines, and probation. The accused may also be required to pay restitution to the victim to cover his or her loss. The punishment for grand larceny is usually a minimum jail sentence of one year, with the maximum being as much as ten years. This sentence is in addition to any other fines and penalties allowed by law.

Larceny is sometimes committed as part of a prank, in which case a valid defense could be lack of intent. Eyewitness misidentification is another common reason why innocent people are accused of larceny. If police overstepped their bounds in confiscating evidence, an attorney could file a motion asking to have that evidence dismissed.

AUTHOR: Potter Criminal Defense Marketing

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Source: hg.org

What Are Workers' Compensation Vocational Rehabilitation Benefits?

Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.

Injured workers are generally entitled to various workers’ compensation benefits, as determined by state law, when they are injured in an on-the-job accident, regardless of who was at fault. While the specific terms of the benefits, including amount and length of time the benefits are available, vary from state-to-state, injured workers are typically entitled to the following benefits:

• Medical expenses
• Temporary total disability (TTD) if the employee is unable to work while recovering
• Permanent total disability (PTD) or permanent partial disability (PPD) if the employee is unable to work at all
• Vocational rehabilitation benefits
Temporary total disability, permanent total disability, and permanent partial disability benefits are usually based on a percentage of the employee’s pre-injury wages and will be subject to certain limits, as determined by state law. 

In some cases, an injured worker may be able to receive vocational rehabilitation benefits, in additional to financial compensation benefits. Vocational rehabilitation benefits are most often awarded in those situations in which an injured worker cannot return to his or her pre-injury job but is capable of performing a different job. Vocational rehabilitation benefits may include services such as: occupational counseling, assistance with job searches, job search programs, vocational retraining, and educational classes at an accredited learning institution.

Most states impose certain requirements on injured workers in order to receive vocational rehabilitation benefits, however. It is important that employees know and understand their workers’ compensation rights and obligations so that they can receive the benefits that they are owed, and comply with the applicable legal requirements to continue receiving the benefits. For instance, if an injured worker fails to adhere to the established vocational rehabilitation plan, or misses appointments with his or her vocational counselor, he or she could forfeit any additional vocational rehabilitation benefits. 

A workers’ compensation lawyer can be instrumental in helping an injured worker obtain the benefits to which he or she is entitled, and educating the injured worker on his or her obligations.

ABOUT THE AUTHOR: Howard Ankin of Ankin Law Office, LLC
Howard Ankin of Ankin Law Office LLC focuses on workers’ compensation and personal injury cases.

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Source: hg.org