A Credit Counselor Versus a Bankruptcy Attorney

Worker’s Comp While Working

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If you have a work-related injury and are eligible to receive worker;s comp, you may be able to work and receive benefits at the same time. However, your injury must abide by certain guidelines and be deemed a partial permanent disability, so read on to learn more. Three Categories of Disability Worker’s compensation insurance is available for workers who fall into the following categories. 1. Temporary: This is the most common type of compensation available and lasts from the time of your injury until you have been cleared by a doctor to return to your normal work tasks and schedule. Normally, you are eligible to receive a portion of your salary while you recuperate and will have your medical expenses taken care of. 2. Permanent: This determination may take place quickly for those with catastrophic injuries or later on for those with injuries that never heal enough for the worker to return to their job. In some states, this determination follows a medical exam and a ruling of Maximum Medical Improvement (MMI). A ruling of MMI doesn’t mean that you no longer require medical treatment but that your medical condition is not expected to improve much, if at all, and that you will likely never be able to do the same type of work as you did before. 3. Partial: This ruling means that you have reached MMI but that you may still be able to do some types of work, even if on a reduced schedule. Partial Permanent Disability Normally, this ruling comes with a percentage number of disability, such as a 20% disability. The amount of disability reflects the amount of compensation you can expect to receive. For example, a 20% disability would make you eligible for 20% of your former job’s salary. What to Expect In most states, vocational rehabilitation is offered to help you train for a different type of work, if necessary. In some cases, you may be able to do your previous job but with a part-time instead of full-time schedule. Compensation may be paid either weekly or as a lump-sum payment. You will, of course, still be paid for any time you actually work as well, but worker’s comp can be expected to help fill the gap between your pre-injury salary and your present earnings. The worker’s comp process can be extremely confusing, and for those with a partial disability it can be even more so. Make sure that you have a legal expert on your side for this stressful time period; contact a worker’s comp attorney, such as one at Gilbert, Blaszcyk & Milburn LLP, as soon as possible after your...

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Choosing The Right Trial Attorney

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If you’ve been accused of a serious crime and you’re going to be on trial, then your top priority should be to secure an experienced trial attorney. Settling for a court-appointed attorney simply isn’t a good idea, for several reasons. One main reason is that you will not be able to choose which lawyer will represent you. It’s important to have the opportunity to build a rapport with your attorney in advance, and that just isn’t possible with a court-appointed attorney. There are many other reasons why hiring your own lawyer is important, and here are tips for finding the right one: Get your funding in order  Hiring a high caliber trial attorney will not be cheap, and a large upfront retainer fee is often required. If money is tight for you then you may need to do whatever necessary to obtain the funds. Even if you have to liquidate certain assets or obtain a loan from a friend or family member, you need to be willing to do so. Carefully interview prospective choices When searching for the perfect trial attorney, you want to be sure to meet in person instead of going by reputation alone. Construct a list of questions you’d like to ask prior to meeting with prospective choices. Even if a trial attorney that you’re considering retaining has the best reputation in the area, it is important that the attorney believe you are innocent. Your attorney will fight harder to win the case if he or she feels passionate about doing so. Here are some other essential qualities you should look for in an attorney: Experience – You want to ensure that the attorney you choose has several years of experience, with a high success rate. A lawyer who is a recent graduate might be good, but you want great when it comes to your freedom. Honesty & integrity – Attorneys in general are stereotyped as being dishonest and having questionable ethics, but not all attorneys have bad reputations. You want to choose one whose reputation is positive in every manner. Confidence – You want a lawyer that exudes a high level of confidence, because an attorney without adequate confidence might lack in other important areas, such as decision-making and more. This could be be detrimental to your trial. Despite all your efforts, there is unfortunately no guarantee that you will have the ability to prove your innocence and avoid a conviction, regardless of the attorney that you choose. However, as long as you remain positive and hopeful, you make sure that your attorney is the absolute best in the business, you can significantly increase your chances of proving your innocence and having all charges...

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Easy Come, Easy Go: How To Budget With Sporadic Child Support Payments

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If you have sole physical custody of the children or if you have gone through a divorce, there is a chance that your children’s other parent has been ordered to pay child support. For some, child support will always come at the expected day of the month. For others, child support can be more sporadic. If you fall into the second category and you do not receive regular child support payments like you are supposed to, it can make it difficult to budget. Here are some ways to make budgeting easier if you receive sporadic child support payments.  Make assumptions based on your own income If your former partner is being irresponsible with child support payments, it is best to throw this column out of the monthly budget entirely. Make a monthly budget based on your income alone. If you have children who have different parents and one parent does contribute child support as expected, you can count this as household income, when you are doing your budget. Be sure to keep the lines of communication open with your children’s parent and ask them to let you know in advance if they foresee any issues happening with payments.  Use the money for seasonal items If you receive child support payments only some of the time, use these payments to plan out seasonal items. This includes summer activities for the children, winter coats, presents for the holidays, and sports sign up fees. Using sporadic child support payments for these extras for your child will make their life more enjoyable and help you keep a stable monthly budget without having to deal with the once in a year extras. If you make enough money to care for your child’s needs and extras, ask them what they would prefer to do with the spare money so that you know they get something they will enjoy.  Put lump payments into savings accounts If you tend to get child support only after the other parent has gotten in legal trouble for not paying child support, you may get some lump sum payments. This windfall to your budget should be placed in a savings account for your child. Do not designate this specifically as a college fund or any other specific fund, as you and your child may need to dip into this money during tough times. The positive thing about getting a lump sum payment is that it can boost up the emergency fund for your household so that you are better equipped to deal with financial curve balls on your own in the...

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Keeping Your Small Soap Company’s Marketing Efforts Compliant With The Help Of An Experienced Attorney

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Starting your own online soap company can be a great way to supplement your income. While you might think that your small business is exempt from many of the rules and regulations that govern large soap and cosmetic companies, this might not be accurate. Working with a lawyer who specializes in interpreting Food and Drug Administration (FDA) regulations will allow you to craft advertising and promotional campaigns that won’t land your fledgling soap company in hot water. Here are two specific things an FDA attorney can help you with when it comes to legally spreading the word about your soaps in the future. 1. Labeling If you are hoping to take advantage of the demand for natural or organic products by producing your soaps using only natural and/or organic ingredients, then consulting with an attorney before you begin labeling your soap can be beneficial. Strict requirements for listing ingredients in cosmetic products (like soap) are enforced by the FDA. In order for your soap to be compliant, you will need to list each ingredient by its common or usual name, and cannot list it as “natural” or “organic” in the ingredient list. If you want to label your soap as organic, you might also be subject to regulations set forth by the U.S. Department of Agriculture, since they are responsible for regulating organic products throughout the country. An attorney will be able to help you navigate the boundaries of accurate labeling to ensure your soap’s labels are compliant before you invest money into printing labels in mass. 2. Country Of Origin When you are hoping to influence American consumers to invest in your soap products, you might feel it will be beneficial to include a “made in the U.S.A” statement in your advertising and labeling. The FDA works closely with the Federal Trade Commission (FTC) to regulate these types of claims. Your attorney will be able to help you determine if your soaps are eligible for an unqualified country of origin claim (meaning all or virtually all of the ingredients and processing can be sourced within the United States), or if you must make a qualified claim letting consumers know the exact percentage of the ingredients and processing used to manufacture your soap that can be sourced within the United States. Working closely with your attorney to navigate these claims will help you stay out of trouble with both the FDA and FTC when it comes to marketing your products to consumers in the future. Keeping your small soap business compliant with FDA, USDA, and FTC regulations doesn’t have to be overwhelming. Invest in the help of an attorney who has experience navigating marketing regulations, and you will be able to avoid legal trouble in the...

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3 Things That You Shouldn’t Do After A Slip And Fall Accident

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If you have recently had an accident and slipped and fell in a public place, such as in a grocery store or other business, there is a chance that you have a case against the owner of the business. Business owners are responsible for ensuring that their places of business are safe for customers, and when they fail to do so, they can be prone to lawsuits. Talking to a slip and fall attorney can help you determine whether or not you have a case, but in the meantime, make sure that you avoid doing these three things. 1. Skip Medical Treatment Even if you feel fine right after an accident, it is still important to seek medical treatment. In some cases, injuries do not show up until much later. If you did not go to the hospital after the accident, it is important to schedule an appointment with your physician or to head to the emergency room as soon as possible. Then, you can make sure that you aren’t injured and can get documentation of any injuries that you did suffer. Also, make sure that you follow through with your medical treatments—if your doctor wants you to go in for a follow-up appointment, for example, make sure that you don’t skip it. This is important for both your health and your case, since if you don’t go to the doctor as you are supposed to, it could be assumed that you actually were not hurt in the incident at all, even if you were. 2. Give a Statement The company’s insurance company may try to encourage you to give a statement. In many cases, these statements are recorded. Unfortunately, it is possible to say something that could be taken as an admission that the accident was your fault, even if that’s not what you intended. Once a statement has been recorded, you can’t take it back, so it’s best to communicate with the insurance company through your attorney instead. 3. Get Rid of the Evidence If your clothing or shoes are torn, stained or damaged due to the accident, you might think that there is no harm in tossing them out. However, the clothing that you wore that day might have evidence to help your case, such as the presence of a spilled liquid that caused you to slip and fall or the presence of a cleaning agent that left the floor too slippery. Handling things after a slip and fall accident can be tough, but avoiding certain things is important if you want to avoid hurting your case. Luckily, a slip and fall attorney can help you every step of the way. If you’d like to learn more information, check out websites...

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Is It Possible To Remove The Executor Of An Estate?

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The executor of an estate has many responsibilities, including ensuring the beneficiaries receive their inheritances. Unfortunately, the executor does not always fulfill his or her responsibilities, which can lead to loose ends. If your family believes that the executor should be removed, here is what you need to know.  Why Is an Executor Removed? Your family cannot take action to remove the executor of an estate just because he or she is not likable or not doing what you want. The executor has the responsibility of carrying out the deceased’s will. Whether or not the family agrees with the will, there is very little that can be done.  However, if the executor has proven to be incompetent, action can be taken. There are several actions the executor can take that would lead to a finding of incompetence. For instance, if the executor is not following the will or mismanaging the assets, he or she could be considered incompetent.  In some states, the executor cannot have a felony on his or her criminal record. If he or she does, your family can argue that a new executor needs to be chosen.  An estate planning attorney like those found at Linn Schisel & DeMarco Attorneys At Law can help you and your family explore other reasons for removing an executor and determine if any fit the situation. How Is the Executor Removed? One of the first steps you and your family need to take is to determine who is going to challenge the executor’s role. In some states, there are strict laws that dictate who can take action. Choose someone from your family to represent your interests in court.  Once you have chosen a family representative, your family needs to build a case against the executor. You need to collect evidence that shows why the executor should be replaced. For instance, you can provide the court with financial statements, if available.  After collecting evidence, your family needs to file an objection with the court. An estate planning attorney who is familiar with wills and trusts knows what to include in the objection. After the objection is filed, a hearing is scheduled to hear the charges against the executor. Your family, and any other witnesses you have, need to be prepared to testify regarding the executor’s incompetence.  If the judge agrees that the executor should be removed, an alternate is named. Ideally, the will has an alternate listed. However, if it does not, the judge will defer to state law when choosing the new executor. In many cases, the alternate executor is the surviving...

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Methods You Can Use To Thank Your Attorney For Representing You

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When you’ve been injured and have hired a personal injury attorney to guide you through the legal process, it can be easy to develop a bond or camaraderie with this legal professional that you’ll often speak to regularly. When your case wraps up, either via the acceptance of a settlement or a court ruling, your dealings with the attorney will quickly come to and end – which can seem strange. Regardless of the specific details of the case’s resolution, it’s polite to express your thanks to the personal injury attorney in a variety of different ways. After all, this person might have just helped you get a life-changing amount of money. Here are some ideas that the attorney will appreciate. Write An Actual Note Of Thanks It’s easy in today’s technological age to send a quick email or text message expressing your thanks for the legal representation. To stand out among the attorney’s clients and show your etiquette, take the time to write and send an actual handwritten note. Buy a blank card and share a few words of appreciation. Generally, the key to an effective note expressing your thanks is to offer specific details to reinforce your gratitude. For example, you could write how you appreciate the attorney advising you to decline the initial settlement and hold out for a larger sum. Offer To Write A Testimonial Many personal injury attorneys will appreciate the offer of writing a testimonial, as these encouraging words can often help the attorney gain future clients. This testimonial may be used on the law firm’s website, so make sure you’re comfortable with your name being used or ask to have your initials used. Put together a few thoughts about how you appreciated the legal assistance and how it has made a major difference in your life. Send A Small Gift There’s no reason that you can’t send a gift to the attorney – and you might even wish to make it something that the legal assistances and administrative staff who helped you can also enjoy. A gift basket of assorted snacks is a simple idea, as they can be easily divided among the staff at the office. If you wish to strictly thank the attorney with a gift, a gift card to a local restaurant or supermarket are ideal considerations that are likely to be appreciated. If you get to know your attorney to the point that you know his or her interests – such as golf – a gift card to an appropriate retailer is another idea to consider.  ...

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Do’s And Don’ts For Getting Your SSDI Claim Approved By The SSA

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If your doctor has recommended that you file for Social Security Disability Insurance (SSDI) benefits from the Social Security Administration (SSA), then it is vital you understand that there are specific things you can do to help you claim to be approved in the shortest period of time possible. Follow these do’s and don’ts to ensure the success of your future SSDI claim: Do some preliminary research online about the SSDI claims process. By understanding each aspect of the process and reading about other people’s experiences, you can better stay on top of your case and anticipate future problems and make plans to actively avoid the most common pitfalls in the process. Don’t over-estimate your chances of success and a quick payment from the SSA for your SSDI claim. Many claims are denied outright on their first attempt and you should expect that yours may be one of them. If you expect a denial, then it will help you to stay sane during the process. Do be honest and complete when you fill out all of the paperwork that the SSA requires for you to file a claim for SSDI benefits. Look at each form or questionnaire as a potential excuse or the SSA to deny your claim. You can be proactive and avoid this fate by ensuring that all of the information that you provide is complete and accurate. Don’t neglect to obtain copies of all of your medical records and provide them to the SSA with all of the other information that you can use to support your disability claim. When it comes to dealing with the SSA, it is always better to provide as much proof of your disabling condition as possible. Do continue to see your doctors and closely follow their advice during your application process period. Make sure that you mention all of your symptoms and issues to your physician at each visit so that they will mark them in your medical records. Also, make sure that you attend any physical therapy appointments and fill prescription medications that you are given. If you fail to do these things, then your claim could be denied by the SSA because you are not following medical advice that is being given to you by a physician. Don’t fail to seek the help of an SSDI attorney early in the process of applying for SSDI benefits. By seeking legal assistance early, you will greatly improve your chances of being awarded the SSDI benefits that you deserve in a much more timely fashion. To learn more, contact someone like Michael P...

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3 Things You Should Avoid When Filing A Personal Injury Lawsuit

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Personal injury lawsuits are incredibly common. Many people choose to resolve their disputes through the legal system because it is effective and can give you the compensation you desire for your losses. However, many people make mistakes when preparing for their personal injury suit. Here are some things you should avoid so that you can get the best outcome possible. 1. Don’t Delay Filing The Suit What many people don’t understand is that there is actually a limitation on how long you can wait before you file the suit. Once the incident happens, you only have short amount of time to take the suit to court. If you wait too long, you will lose that chance, even if the guilty party was obviously negligent and you could have been awarded some damages. In most cases, you have about 2 years to file the suit, although the number varies from state to state. This doesn’t mean that on the 2 year anniversary, you should talk to an attorney. It means that the suit needs to be filed in 2 years, so talk to an attorney early enough so that you can get the suit filed in time. 2. Don’t Expect Punitive Damages If you watch a lot of legal TV shows, you might be tempted to think that all personal injury lawsuits are awarded a lot of money through punitive damages. This is simply not true. In most cases, the only kinds of damages that are awarded are compensatory damages. These are damages that compensate for the individual’s pain and suffering and can be proven through documentation, or through professional testimony. Punitive damages are only awarded in the most rare of cases when the guilty party was grossly reckless, negligent, or meant to harm the individual. These damages are usually set in place to punish the guilty party. Thus, when you file your suit, be realistic about the amount of money you will get from it. Don’t assume you will get a ton of money from punitive damages. 3. Don’t Expect To Go To Court When you file the lawsuit, there is a good chance that you will never see a courtroom. The majority of civil cases settle outside of court, and this is for a good reason. It is expensive to go to court, it will take a lot more time, and there is always a chance that you will walk away with nothing. This is why it is better to go into the lawsuit with the expectation that you will settle and compromise on a...

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About The Benefits Of Hiring A Reputable Lawyer For Your DUI Case

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Are you in legal trouble for the third time for driving under the influence of alcohol? If you are in deeper trouble this time because you have already committed multiple DUI offenses in the past, you will find that hiring a reputable lawyer will be beneficial for your defense. This article will help you understand why hiring a lawyer is in your best interest when you are facing jail due to your history of drunk driving. Your Defense Will Be Stronger When you take the time to find a reputable lawyer to represent your DUI case, you will have a better chance of getting a satisfactory sentence. The lawyer will gather as much evidence as possible to prove that you deserve a chance to improve your ways, especially if you are an alcoholic. He or she will try to convince the judge that your drinking habits are out of your control, but you are willing to seek treatment. It is also possible that your lawyer will ask you to join an alcohol treatment program, as it will show that you are actively working towards correcting your bad habit. Your Sentence Might Be Served in an Alternative Way If you are facing time in jail, a lawyer will do everything in his or her power to help you avoid having to go. He or she will speak to the judge about how going to jail will not necessarily solve the crime that you committed. If you are not already in an alcohol treatment program, the lawyer may suggest to the judge that sentencing you to such a program will be the most effective type of punishment. The lawyer may also suggest other types of alternative punishment along with alcohol treatment, such as: A curfew Probation Community service Wearing a tracking device on your ankle Your Character Will Look Better in Court It is wise for you to hire a lawyer who is able to make your character look good in court. Good character can go a long way in a criminal defense case when it is presented the right way. A lawyer will ask some of the people you know to speak on behalf of your character in court. For instance, if you have ever done any charitable work, the lawyer will contact staff from that organization to ask if someone can explain to the court what you did out of goodwill. Talk to a DUI lawyer from a firm like Jack Weatherill Law Offices to get the legal assistance that you...

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