Some Information Regarding Auto Accident Lawyers

Posted on April 15, 2013 by Lisa Cooper

Auto accident attorneys

Most of the cases that are presented in a court of law, demanding for damages to be paid, are related to auto accidents. Such incidents often lead to one party being injured, with the other having caused the injury. There can be auto accidents were a drunk driver upends his own vehicle, but these types of cases cannot be counted as cases that are related to damages. To win such cases in courts, it is important that you have a competent attorney to present your case. There is many a competent auto accident attorney Los Angeles can provide you, though it is important that you select the right one.

Los Angeles scenario

Los Angeles is truly a world-class city, and one of the few unfortunate gripes that come along with such a tag is the traffic congestion. This is the curse of many cities in the world, and although many alternate means of transportation have been introduced, the traffic in the city manages to hold a stranglehold on everyone.

Added to the fact that there are millions of vehicles on the road, it is a sad reality that Los Angeles is ahead of other cities in terms of drunk driving and similar negligent acts. This further points to the need for competent attorneys in the state of California. Automotive accidents are one of the major reasons for the rising number of personal injury claims in the area. It is estimated by the National Highway Traffic Safety Administration (NHTSA) that every 10 seconds, someone in the United States is involved in a car accident. This is a highly concerning statistic, and it is high time that the authorities took some measures to control it.

Los Angeles auto accident attorneys

If you are a concerned party in an auto accident claim and you want to consult an attorney, make sure that you select the best attorney that you can afford. Once you select the right auto accident attorney Los Angeles has to offer, then it will highly simplify the rest of the process.

Most of the auto accidents that occur in the state are avoidable. Defective automobiles are one of the main reasons for the occurrence of these accidents in the state. If the authorities are to ensure that people avoid driving negligently or the condition of the vehicle is good, then the state will have to deal with only a less number of accidents.

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How To File A Wrongful Death Case With The Backing Of The Law

Posted on April 8, 2013 by Lisa Cooper

Wrongful Death Statute

Death in any form is something that no one willfully wishes for. It is a tragic event from whichever angle you look at it. In the event of a death of your loved one in an accident that was caused solely because of the negligence of another person, you can make use of the law of the land to gain a rightful compensation for his misfortune. For those unlucky people who have left behind huge commitments, this compensation can prove to be a big help as their families can find some reprise and a way to live further after their demise.

However, there are some Wrongful Death statute of limitations you need to be aware of before filing a wrongful death lawsuit. It is a civil lawsuit and hence it needs to be perfect in all sense. The reason why your loved one died should completely be because of the negligence or irresponsible behavior of the accused personnel and this is absolutely vital for the lawsuit to have a strong legal backing.

If you seek advice from an expert legal practitioner, he will tell you the necessary requirements and conditions for applying for such a compensation claim. Alternatively, you can do a quick search for Wrongful death statute of limitations in the internet to gain more insights into this legal framework.

Statute of limitation for wrongful death

There is a time limit for applying for compensation under this legal setup and usually it is two years from the date of demise of the person. However, in cases where the people eligible for the compensation are minors, the deadline can be extended until they reach the age of 19. It is a judicial procedure and hence there will not be any adjustments done in anybody’s favor. In addition, if you are rightfully eligible for a time relaxation, you will get it no matter what the odds are.

Monetary compensation for the death case shall not take too long to reach the eligible loved ones of the demised persons once the lawsuit has been proven to be valid. All you need is the service of an expert legal advisor. As mentioned before, he or she will know how to make the most out of these complex legal frameworks and make sure the wrong done to your loved ones is justified at the earliest.

For further assistance, you may seek the help of a legal practitioner or refer law books at your local library.

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How To Choose A Car Accident Lawyer In Los Angeles

Posted on April 5, 2013 by Lisa Cooper

Car accident lawyers Los Angeles, Best accident lawyer

Car accident lawyers in Los Angeles

If you are involved in a car accident in Los Angeles, then you will definitely need the assistance of a quality lawyer who can represent your interests in the best possible manner. An experienced and reputed lawyer is one who can take the burden off your shoulders. A skilled lawyer will ensure that the insurance company compensates for all your financial, physical and even your emotional damages.

How to Choose Car Accident Lawyers Los Angeles

Given below are a few tips to help you select the best accident lawyer to represent your case-

Ask for referrals from people you know such as your friends, relatives and other acquaintances to know about good car accident lawyers Los Angeles. Newspapers and phone directories will also have information about these lawyers. You can also get references from your local or states bar association. Arrange an appointment with some of the shortlisted lawyers and talk about your case. Most lawyers offer prospective clients a free consultation to help you decide whether you want to hire the lawyer or not. Make sure you talk with the lawyer at least once before hiring him.
Choose an accident lawyer who is reputed and has experience handling and negotiating cases such as yours. If possible, the lawyer should be able to settle your case out of court. If it cannot be settled out of court, then he should be able to get you a minimum cost settlement.
Find a lawyer who understands your injuries and damages. He should be one with sufficient industry experience and with whom you are comfortable. He should also
Car accident settlements

be able to help you understand the different aspects of your case and be straightforward about the business aspects of the trade.
Choose a lawyer who agrees to take his only payment after winning the case for you. If he agrees to after case charges, make sure that you settle all monetary matters with the lawyer before handing him your case. Before you sign any paperwork, make sure you read all the terms and conditions and see that you understand them as well.

Do thorough researches before you hire an accident lawyer to represent your case for you. Do a little background check on the lawyer to get an idea of his previous cases. Keep these tips in mind while looking for car accident lawyers Los Angeles.

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How Does Contributory Negligence Work In North Carolina

Posted on April 3, 2013 by Lisa Cooper

Contributory Negligence explained

The law of the land is indeed supreme. Breaching it is by no means pardonable, unless you’re certified insane by a doctor. However, the law always has its favorable nuances and loopholes to protect a citizen, even if he inadvertently ends up in a mess. This requires a good knowledge of law too- something that attorneys have been thought right from law school. ‘Ignorance of law’ or a bit of negligence can never be justified in a court of law; and apart from losing your compensation you could, in the worst case, even end up behind bars.

Sorry if I delved too much into the fundamentals of the laws regarding ‘contributory negligence’. It’s true that ignorance of law is seldom looked upon with mercy in the US. However, the bitter fact is that quite a few of us mess up our lives as we aren’t aware of the subtleties of the law. And in this post, I introduce you to one such incredible clause in state law- that of ‘Contributory Negligence’, and the ways in which it could affect your personal injury claim.

How does ‘Contributory Negligence’ Work?

To put it simply, contributory negligence works such that “the affected party in a road accident shall not be eligible for any compensation if he/she has even in the least measure contributed to the occurrence of the said incident”; i.e. knowingly or unknowingly, you should not have been responsible for any degree of negligence in an accident.

For instance, suppose you were driving through an intersection and another car having crossed a stop sign or red light dashes in and hits your vehicle. Quite obviously, the other driver would be surely considered guilty of the offence. In such a case, if you hadn’t crossed speed limits or defied any traffic rules, you’re entitled to compensation and that is beyond any doubt. However, if you’re living in one of the contributory negligence states of USA, and had neglected any one of the traffic rules, you shall be regarded as one of the causatives of the accident. It would not matter if the other driver is 99 per cent at fault; your 1 per cent negligence is more than enough to deprive you of your accident claims.

Info on Contributory negligence

Contributory negligence can be tactfully circumvented in some instances. If your lawyer proves that the other party was ‘willful and wanton’ or ‘grossly negligent’, you just might have the fortune to overcome the hurdle of contributory negligence.

Well, that’s all for now about what contributory negligence states and how it is applied. To learn more, please read the posts below.

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How Contributory Negligence Turns Out In An Accident Case

Posted on April 2, 2013 by Lisa Cooper

Contributory Negligence in different states

Surveys have shown that the number of accident cases reported in the US is on the rise. The large number of vehicles that ply on the road is one reason for this increase. In the event of an accident, your first concern would be getting the compensation from the other driver if he were responsible for the accident. On the other hand, if you are responsible for the accident, the concern would be to minimize the compensation paid to the other driver. In either way, you need to be aware of an important legal setup known as Contributory Negligence.

It is a legal framework that varies with different states and hence it is wise to search for “Contributory Negligence States” or “How is contributory negligence delivered in different states” in Google before applying for its benefits. So what exactly is Contributory Negligence? Let us look into the core principles of this legal concept.

Contributory Negligence is the legal concept by which an accident victim can claim compensation in the accident based on the percentage of fault in each of the parties that were involved in the accident. For example, in a car crash, if you are responsible for just 10 per cent of the fault, then you are liable to pay only 10 per cent of the total cost of damages in the accident. If you happen to be responsible for 90 per cent of the fault, then you can still save the remaining 10 per cent of the total damage cost, as it would be the liability of the other party.

Using Contributory Negligence to your advantage

Nevertheless, this is just a basic explanation. The rules of contributory negligence are somewhat different in different states and at times, it can be a blessing or a curse for you. For example, in certain states, the ruling is such that if you are responsible for at least 50 per cent of the fault that caused the accident, then you do not stand any chance of getting compensation from the other party.

So if you plan to use the rules of contributory negligence in your favor, make sure you seek the advice of an expert lawyer. He or she can make sure that the principles of contributory negligence works in your best interests in the case. As mentioned before, a quick research online typing in “Contributory Negligence States” can help you get an idea of how this legal framework works in your particular state or neighborhood.

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Statute Of Limitations For Wrongful Death In U.S.

Posted on March 28, 2013 by Lisa Cooper

Statute of limitations for wrongful death

Statute of limitations is defined as a period of time within which certain kinds of legal actions should be brought forth. In U.S., the statute of limitations for wrongful death is the period within which an action must be filed. This period depends on the state in which the death occurred and is different for different states. Generally, this period can vary from six months to up to 3 years. The actual wrongful death statute of limitations can be changed in certain exceptional situations wherein the period may be extended or restricted.

In the U.S., wrongful death is considered as a civil case. Here, if the family members or close relatives of the deceased have reason to believe that the death happened because of the negligence on the part of another person or party, then they can file a wrongful death lawsuit against them in order to receive damages for the death. Here, that a wrongful death occurred needs to be proved only with a ‘preponderance of evidence,’ unlike criminal cases of murder or homicide where the case has to be proved ‘beyond any reasonable doubt.’ This means that an individual may be found to be not guilty in a criminal court, but at the same time may be convicted for the same offense in a civil court.

Filing a wrongful death lawsuit

More details

As mentioned earlier, the actual wrongful death statute of limitations varies from state to state and on the circumstances surrounding the death. For instance, the statute of limitations is two years in Arizona, California and Alabama; the two-year period starting from the date on which the death occurred. However, in California, wrongful death due to exposure to asbestos has a statute of limitations of only one year, the period starting from the date of death or from when the claimant realized that the death was due to the asbestos, whichever is later. Such an exception is known as the ‘discovery rule.’ This allows you to extend the prescribed statute of limitations in instances where it was not reasonably possible to realize that the death was a wrongful one.

These are some details regarding the statute of limitations for wrongful death. As the statute of limitations vary from state to state, it is important that you fully understand the laws applicable within the state where the wrongful death occurred. Consult a legal professional within the state to help you with the formalities associated with filing a wrongful death lawsuit.

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Habeas Corpus Writ Explained

Posted on March 28, 2013 by Lisa Cooper

Writ of habeas corpus explained

According to the writ of habeas corpus definition, this writ is a court order addressed to a custodian, warden or prison official in charge of the detainee to present the latter before court on a chosen date and time so that the court can determine the legality of the detention. The custodian is required to present proof of authority before the court. Nevertheless, if it is proved that the custodian does not have any legal reasons for detaining the person, then he/she will be allowed to go free.

The term Habeas Corpus has been derived from a Latin phrase that means ‘we command that you have the body.’ This legal principle was designed in order to protect people from any harm inflicted by an unjust judicial system. Extreme situations such as invasion, rebellion and in the interest of public safety are the only exceptions where suspending the writ of habeas corpus is allowed. This does not mean that any prisoner who wants to skip out on his sentence can use the writ easily. The Habeas corpus writ can only be invoked when the legitimacy of the detention is in question and is applicable only in the case of civil proceedings.

The scope of the habeas corpus writ is designed to grant all federal courts with the right to issue this writ. According to the writ of habeas corpus definition, a prisoner in custody can be released if he/she satisfies any one of the below given conditions.

Invoking the writ of habeas corpus

Is in custody under the authority of the US or is committed before some court for trial,
The custody is in violation of the U.S. constitutional laws and treaties,
Is in custody for an act that was committed or omitted in pursuance of an Act of Congress, or a process, or an order, judgment or a decree of a court or judge of the US,
Is a citizen of another state and detained in custody for an act done or omitted under any alleged right, protection, authority, privilege, or exemption claimed under the commission, order or sanction of another state, the effect and validity of which is dependent on the laws of that nation.

That was some information about the writ of habeas corpus and the circumstances wherein an individual will be released from prison. Availing the services of an experienced attorney is very important while filing a petition for this writ in the court.

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Statute Of Limitations For Wrongful Death

Posted on March 25, 2013 by Lisa Cooper

Wrongful death and Statute Of Limitations

Every civil suit has a time period within which the claim should be filed. This time period is referred using the term ‘statute of limitations.’ Your case will be thrown out of court and you will not be allowed to reassert a claim for that particular action if you do not file the suit within the prescribed statute of limitations. In case of wrongful death situations, contact a wrongful death lawyer right away who will explain the time period within which the claim must be filed.

Wrongful death actions and the discovery rule

Statute of limitations can sometimes be a bit complicated to understand. This is so because in certain cases, the statute of limitations begins right after the event that led to the claim. However, wrongful death statute of limitations only begins after the claimant discovers that there is a connection between the victim’s death and the defendant’s actions or in other words, the negligence on the part of the defendant was responsible for the victim’s death in one way or the other. On the other hand, if it was reasonably possible for the plaintiff to have discovered that the death was a wrongful one, then the statute of limitations will begin from the time that the discovery was reasonably possible. The discovery rule requires that the wrongful death statute of limitations run from the time that the victim got to know about his injury and its cause.

Special considerations in wrongful death actions

A wrongful death claim can be rebutted by the statute of limitations. For instance, the rules regarding the time period within which a claim may be filed are a lot stricter in product liability cases. Majority of the states require that the statute of limitations run from the date that the victim died because of product liability. This does not take into account whether or not the victim or his family had any knowledge that the product was responsible for causing the death.

Wrongful death statute Of limitations explained

For more info on the same, refer online legal resources. Nevertheless, if you have reason to believe that a loved one or a family member died a wrongful death, it is important that you avail the services of an eminent wrongful death lawyer as soon as possible, as he can assess your claim and help you file it within the prescribed statute of limitations. This way he will also help protect your rights for you.

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Habeas Corpus Writ Against Unlawful Detention

Posted on March 21, 2013 by Lisa Cooper

Habeas corpus writ to prevent unlawful detention

In Latin, the term Habeas Corpus means ‘have the body.’ The concept of this legal action or writ traces its origin back to the Middle Age England and is literally an order to produce the body. According to the writ of habeas corpus definition, any individual who has been detained can resort to this writ in order to seek justice against illegal detention. The writ of habeas corpus, also known as the ‘great writ’ protects a person against any harm that may be caused due to the unfair actions of the legal system. In modern times, any individual who believes that he has been held down illegally may file the writ of habeas corpus so that he is brought before the court to determine whether or not the detention is a valid and justified one or not.

The writ may be filed by the prisoner or any other individual who comes for his aid. A judge issues a habeas corpus order within the legal district where an individual has been detained. This order is served on the person, generally a warden who is in charge of the facility where the prisoner is being held. The order requires the warden, a police officer, the custodian, or any person in charge to produce the claimant in court on the specified date and time for a hearing to determine whether the individual was incarcerated on valid legal grounds or not.

Grounds for unlawful detention

According to the writ of habeas corpus definition, a detention can be considered as unlawful in the below mentioned circumstances.

The detention was made in violation of the laws
The procedures adopted for detaining an individual is not as per those set down by the law.

The writ of habeas corpus is a powerful legal principle to put a check on unjust and unlawful detention by the people in power. The court may decide to release an accused if it believes that he/she was detained without any legal justification. Therefore, this writ acts as protection to prevent the innocent from being wrongly punished.

Legal definition of habeas corpus writ

That was some information regarding the writ of habeas corpus and its legal aspects. For more info on this legal principle, refer online legal resources or go through the law section of your local library. Avail the services of an experienced attorney if someone you know ha been detained on illegal grounds.

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Some Info On IRS Audits Statute Of Limitations

Posted on March 21, 2013 by Lisa Cooper

Statute of limitations for IRS audits

Every year, the Internal Revenue Service or the IRS examines or audits thousands of returns to substantiate the information provided in the tax returns. The returns that are audited are selected either via computer algorithms or they may be selected based on some income information that was received subsequent to filing the tax return. Even though the IRS is authorized to ensure the accuracy of the returns, there are certain rules that restrict the period within which the agency can take action. Read on to understand the various aspects about the IRS audits and its statute of limitations.

The facts

The IRS audit statute of limitations for tax returns is three years and for collecting owed taxes is ten years. The statute of limitations starts on April 15 for tax returns filed before the April 15 deadline and for returns that are filed after the April 15 deadline, the statute of limitations starts from the date on which it was filed.

Exceptions

For taxpayers who file a fraudulent return or a false return, the three-year IRS audit statute of limitations is not applicable. Besides, unfiled returns may be assessed tax or alternatively, the taxpayer can be taken to court to collect tax prior to assessment.

Considerations

The IRS may request you to extend your statute of limitations for a tax assessment that was the result of an audit in certain situations. For instance, IRS may ask taxpayers who request a Partial Payment Installment Agreement to sign a waiver in order to extend the statute in return for a deduction in their monthly repayment amount.

Appeal rights

Taxpayers are entitled to appeal any tax collection or tax assessment within 30 days of the assessment. Taxpayers can choose either a Collection Due Process (CDP) hearing or a Collection Appeals Program (CAP) hearing. Either you can download forms online or you can request it via mail.

Warning

Statute of limitations for tax returns

Taxpayers who ignore the audit determination while they are within the statute of limitations may be assessed either a lien or a levy on their property. A levy is a legal seizure of your property while a lien only secures the IRS’ interest in your property against that of other creditors.

That was some information regarding the IRS audits. Consult your accountant or an experienced attorney for a better understanding. For more info on the same, refer online legal resources.

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