Category: Legal

Reasons You Would Need a Car Accident Lawyer

If you’ve been involved in a car, truck or motorcycle accident, an experienced car accident lawyer can help you recover everything that you are entitled to under the law. For more information on how a car accident lawyer can help you, check out our recent blog post.

The Top 10 Reasons You Would Need a Car Accident Lawyer

• The insurance company simply will not return your calls.
• The insurance company will not settle your property damage claim promptly, refuses to settle it for the actual fair market value of your vehicle, or insists on having it repaired with after-market parts.
• The insurance adjuster unfairly insists that you are partly at fault for the accident.
• The insurance adjuster determines that a portion of your injuries or medical treatment was not related to the accident.
• The insurance adjuster won’t settle your case without access to all of your medical records.
• The insurance adjuster insists that you provide a recorded statement without the assistance of an attorney.
• The driver at fault does not have enough insurance coverage to fully compensate you for all of your injuries and losses.
• You have difficulty obtaining the medical treatment you need.
• You are confused about the proper value of your claim.
• It’s been 6 months from the date of your accident and your claim has still not been settled.

Reasons To Consult an Attorney After an Auto Accident

Learn why it is to your advantage to consult an auto accident attorney if you have been injured

If you or a loved one has been injured in an auto accident, it’s possible that you may be entitled to significant compensation from the driver or other party responsible for your accident. This will require filing an auto accident injury claim or lawsuit. Either way, this is not a process you want to go through alone.

You Have Limited Time to File a Lawsuit

Most states have what is called a Statute of Limitations that limits the amount of time you have to file a case in court after an automobile accident. In California, that time limit is two years.

There are Complex Rules that Must be Followed

When filing a lawsuit in court, certain rules must be strictly adhered to. This includes everything from font size and how your case is cited to what evidence is admissible in court. In order to avoid mistakes with this important paperwork, a qualified attorney should be retained to ensure all the paperwork is filed on time and is correct.

You Need to Make Sure All Potential Damages are Included

There are many types of damages that may be available to you or a loved one who’s been injured in an auto accident. This includes medical bills, lost wages, pain and suffering, emotional distress, and future loss of income, just to name a few. It’s important to hire an attorney to make sure you or your loved one is asking for all the monetary damages you’re entitled to.

Insurance Companies May Have a Different Agenda

Insurance companies make money by collecting premiums, not by paying out claims. Therefore, some insurance companies may try to settle your case for much less than you deserve. It’s important to have an auto accident lawyer on your side to advocate for your interests.

Reasons You Should Call Your Insurance Company After A Car Accident

When you don’t need to report a car accident

Let’s just get this out of the way. The only time you do not need to call your insurance company is when the accident happens on your own property, involves no other drivers (so no one else may be at fault) and the damage to your vehicle is minimal or at least of an amount you can afford to cover on your own or lose altogether.

When you must report a car accident

In all other cases, you should call your insurance company (and the police to take a report!)—unless you don’t mind finding yourself down the facing a lawsuit that you have no chance of winning. Reporting the accident to both law enforcement and your insurance company is especially important if anyone involved is injured, damage appears to be significant and the other driver is uncooperative or shady.

Why you should report an accident to your insurance company:

#1 You agreed to it when you purchased your policy.

Virtually every car insurance policy in the United States requires you to report accidents. If you don’t adhere to the policy terms, you could face hefty penalties, and your insurance company may have the right to deny coverage.

#2 Damage and injuries are not always obvious at the scene.

On first look, you may think you’re looking at the typical $300 to $700 to replace a bumper. But once you get it into the shop, you may find that because of the make and model of your car, it will cost closer to $3,000. Also, injuries sometimes won’t become apparent until days or weeks after the accident. If you haven’t reported it and have no police report to back it up, the other driver could claim the collision never happened.

#3 Your insurance company will help you obtain immediate repairs.

It can take several months for insurance companies to settle. By reporting the accident to your own insurance company (even when it wasn’t your fault), your coverage will allow you to seek immediate repairs to your vehicle rather than waiting until the dispute is settled. Further, you can rely on your insurance company to work out the best settlement possible for you.

#4 The other driver may not have insurance.

If the other driver doesn’t have car insurance—and you haven’t reported an accident to your insurance company in a timely manner—you could be on the hook for covering all expenses on your own, and likewise, pursuing justice through a private lawsuit which could cost time and money possibly for a judgment that’s never paid. If you report it to your insurance company, you can be compensated through underinsured coverage (be sure to carry it!).

Deciding to Hire the Attorney

Whether the attorney represents you is your decision as much as it is the attorney’s. You need to find an attorney you feel comfortable with, and who you can trust. You also want to ensure your attorney will effectively and capably represent your legal interests.

Here are a few questions to consider:

• Does this attorney have experience handling car accident cases like yours?

• How much trial experience does this attorney have? Most car accident cases settle. But in order to obtain the best outcome possible, your attorney must have the ability to take your case to trial and win.

• Who will actually handle the case? Some attorneys may give the impression that they’ll handle every aspect of your case, but many have inexperienced associates handle most of the work surrounding the case, with your attorney stepping in only when there’s a trial or during settlement negotiations.

• What is the attorney’s legal fee and who pays for litigation costs? Most car accident attorneys work on a contingency fee basis

Reasons Why You Should Hire a Personal Injury Attorney

If you’re still on the fence about calling a lawyer for help, we’ve compiled a list of 5 reasons why you should hire a personal injury lawyer. As you consider the situation in which you find yourself, you should take into account who the insurance company is really working for, statute of limitations, the rules with which you must comply, the damages you incurred, and the complexities of proving your case.

1. Insurance Companies do not Have Your Best Interests at Heart:

While there are laws that govern how insurance companies operate, what cannot be controlled is motive. Insurance companies are looking out for their best interests. They have teams of attorneys on retainer to help them find ways to minimize the amount of money they pay out. If the insurance companies have attorneys working for them, shouldn’t you have one working for you?

2. Knowing the Statute of Limitations:

Statutes of limitation determine the maximum amount of time from when an accident occurs to the time at which you can begin the legal process to file your claim. If you miss this deadline, it could prevent your ability to recover anything for your damages. An experienced and knowledgeable attorney will know when these deadlines are and keep you from missing out on your opportunity to recover compensation for your injuries.

3. Filing Your Personal Injury Claim Entails Compliance With Strict Rules:

After an accident in San Antonio, there are designated procedures that must take place as the claim is investigated. There is paperwork to complete, damage inspections to schedule, and, of course, procedures to accurately diagnose and treat your injuries. Dealing with all of these procedures in the right way on top of your regular daily life can be an overwhelming endeavor. An experienced attorney can give dedicated attention to these procedures and provide you relief from having to deal with it on your own.

4. Damages Due to Your Injuries May be More Extensive Than You Think:

Many people who are injured in an accident don’t realize that their claim entails more than just being reimbursed for immediate medical expenses. State law allows those who have been injured as the result of another’s negligence to receive compensation for intangible damages, such as pain and suffering, and loss of consortium. These damages are best assessed by an attorney knowledgeable enough to know what these damages are worth.

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Immigration Law Basics

Immigration law encompasses a wide range of situations that involve a person from a foreign country coming to the United States, whether for a temporary visit or with the intent to live permanently in the U.S. (as a citizen or as a legal permanent resident). FindLaw’s Immigration Law Basics section provides a bird’s eye view of the immigration process, including a glossary of immigration terms; an overview of immigration in general; and helpful primers to help you get started with your particular immigration needs. Also provided are links to primers on getting a green card, working in the U.S. as a foreign national, helping a family member adjust his or her status, and more.

Visiting the U.S.

Those who wish to visit the United States for a short time and do not intend to work have a number of “non-immigrant” visa options. Nationals of some countries need not apply for a visa at all and are eligible to enter the U.S. as part of the “Visa Waiver Program.” Others will need to apply with the U.S. Consulate or Embassy in their home country in advance of their departure.

There are many different kinds of non-immigrant visas, but the most commonly used are the B1/B2 visitor visas. These visas do not permit study, employment, professional performances, work in the media, or permanent residence in the U.S. There are specific non-immigrant visas and other programs for all of these kinds of activities.

Working in the U.S.

Those wishing to work in the United States may apply for one of several different kinds of employment-based immigrant or non-immigrant visas.

Non-immigrant visas, such as the H-1B and other H visas, permit employment with a specific employer in a specific position. Other employment-authorized visas include the L visa for intra-company transferees and the O, P, and R visas which are used by extraordinary artists, scientists, athletes, educators, and religious workers. Each kind of employment-based visa has challenges that must be overcome. All of them require documentation of the applicant’s qualifications for the position offered.

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key things to know about Trump’s freeze on work visas, according to an immigration lawyer

The new proclamation only applies to people who were outside the US before June 22

Nair told Business Insider that she has received several calls about whether or not Trump’s ban applies to people who are currently in the US. The answer, Nair said, is straightforward: It does not.

It only applies to certain visa categories

Nair told Business Insider that it is also important to note that the ban does not apply to all visa categories. The ban temporarily suspends H-1B, H-2B, H-4, J-1, and L-1 visas.

This means you can still apply for other US visa categories in 2020, including B-1 visas, which are meant for those visiting the US for business purposes; B-2 visas, which are meant for tourists; and F-1 visas, which are meant for students. Per Nair, you can still apply for O-1, E-3, and E-2  visas.

There is still some debate over sections of the new proclamation

Nair said that the proclamation left her with questions to ponder. She said that the proclamation doesn’t clearly state whether or not the ban applies to individuals who previously had visas and are now stuck abroad. For example, she said if someone was in the US on an H-1B visa, departed the country a few months ago, and now needs to secure a new visa, she is unsure if the proclamation applies to those individuals.

Do I Need a Lawyer for Immigration?

The typical scenario runs like this:  Someone comes into our office or calls us and describes their situation. It could be a Visa refusal or they want to sponsor their mother from overseas, or apply for a work permit. After listening to their story, we will then  try to spot any legal issues that may be relevant to their case and provide some general guidance as to what may be involved in resolving their problem. These consultations are not designed to provide specific legal advice but rather to give people an idea about what is involved in their situation.

After listening to my general overview, the person will usually the ask two follow up questions: 1. How long will it take with an immigration lawyer? and 2. How much will an immigration lawyer cost? Both perfectly reasonable questions. The answer to the first, will of course depend on the nature of the case. Some visa applications take a number of months and  some number of days. The answer to the second will of course vary depending on the nature and complexity of the case.

At this point, the person hopefully has a solid understanding of their situation and what is involved in resolving it. And now for the “biggy” . The question that often is asked with some fear and trepidation: “But Sir do I really need an immigration lawyer”?, they say.

“No, you do not need a lawyer for your immigration matter”, I say.  I love watching their shocked faces. I let a few second pass to absorb the news. The person, looking like a deer in headlights, will then often and sheepishly ask “Well, why not?. I don’t need a lawyer?” To which my reply is always: “Sir or Madam, your case can be filed, argued and processed without a lawyer or representative and therefore you don’t need an immigration lawyer”. There are no rules or regulations requiring people to have representatives handle their Immigration and Visa applications. Any application can be filed or a hearing can he conducted without legal counsel.

I then go on to tell them the following, often to their relief: “Although you don’t need a lawyer, you definitely should have one. Immigration law is very complex and there are many aspects to a case that require professional assistance despite what you may read or see online. I then add that “many cases we handle are refused applications or failed hearings and appeals from people without lawyers. Such cases are much harder to resolve and more costly. It is always better to get it right the first time.  Therefore there is a big difference between needing a lawyer and should you have one.”