Show Me Don't Tell Me

Advising on divorce or personal judgment or judicial cases

  • 8 15, 2018
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Hiring an attorney can have an effect on more than just the lives of you and your family. According to a study by the Center for Justice & Democracy, injured consumers who have brought lawsuits against organizations and manufacturers that are negligent, polluting, or offending in some other way have saved millions of lives and prevented countless injuries by forcing these businesses to end their misconduct while simultaneously compelling them to develop safer products. Many people are hesitant to consult with an attorney because of potentially high costs, unprofessional attorneys, and other potential stresses and hassles that might arise from the court system.

By meeting with a lawyer you can overview your situation and determine what actions you should take and what attorney should be the best fit for you. Take the first step today and improve your life and the lives of those around you.family law lawyer Olympia, WA


What That Constable Has in the Legal Papers

  • 5 15, 2018
  • |Law
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Imagine a stranger rushing up to ring your doorbell or coming to your office with legal filings that he or she must get to you directly, and in person. What is probably happening is you are being served legal process. You could feel upset and as if you're being hunted, but the truth is that you have a constitutional right to these filings as part of the due process guarantee. Whether these filings are in relation to criminal or civil court, it's important to read them carefully.

We are interested in explaining some of the legal documents you can be process served more extensively in our attempt to ease your anxieties.

States have different rules for who can serve process, but it's best if the opposing party has hired a professional like those at family law attorney near me East Troy, Wi to do the job. These people will understand all the legal rules and ramifications, particularly about things like stalking and trespassing, so they can ensure that both the rights of the recipient and the responsibilities of the plaintiff or prosecutor are attended to.

Let's do a rundown of the broad types of legal documents you could be handed by a process server:

Summons: Whether in criminal court or the halls of civil justice, a summons is a call for you to show up before a judge or administrative court. These should always give a date and time on which to appear. If you don't appear, you can either be charged with contempt of court or can lose the civil case as a "non-responsive party".

Subpoenas: These fall under separate rules from complaints and generally have to be sent by a court clerk. They are a type of summons, but they force you to appear as a witness to give testimony, require you to present documents or make you attend a deposition. These are often served between attorneys rather than to you personally, but ignoring them can mean contempt charges or a forfeiture of your claims and a ruling against you.

Small Claims Summons: Cases in which the amount of money at issue is small often come from small claims court, and they can be classified as complaints in most cases. These often mean you have to pay the debt or to appear before the court. If you don't, you will likely have a credit judgment against you.

Petitions: This kind legal filing begins a lawsuit, but asks for non-monetary or equitable relief These can also be given in court cases such as those in family law.

Indictments: These criminal filings come after a grand jury, led by a prosecutor, gathers to consider a potential criminal case against you. A grand jury, like a regular jury, is made up of peers but the proceedings aresecret. This special group determines whether the prosecution has enough evidence against you to charge you with a felony. Without an indictment, the most serious cannot be argued before a judge. Indictments will be given to you or your lawyer.

Complaints: A complaint is a kind of legal document, usually civil, and is generally the first kind of legal document filed in a lawsuit. If you are given one of these, it means you are the defendant in a lawsuit. Criminal complaints are more serious than tickets or citations but often less sever than indictments.

Civil Summons: This legal call to court comes with an exact time when you should appear. It is separate from a simple filing informing you of the legal proceedings. These can be given by a constable in many kinds of civil cases, including divorce and child custody matters.

Citation: These relatively minor summons are given, most often, by law enforcement, so aren't technically in the category of process serving. The most common citations, including traffic tickets, often require that you go before a judge by a specified date. Signing one of these is not an admission of guilt but, rather, a promise to appear. If you don't keep your word, it can mean immediate findings of guilt and escalating fines and court fees.

Administrative Summons: These come from the federal tax collectors at IRS and are for the purpose of ensuring that everyone complies with the tax laws. These administrative orders require the receiving party to make an appearance before a federal tax examiner and offer documentation. This is set aside as the ultimate step in an IRS investigation.

Two U.S. Constitutional Amendments guarantee the right to due process in legal matters. Many other countries also protect the right for due process and have process serving procedures. If you are suing, it's vital to your case to get process documents served properly to your opponent. If you are being sued, it's just as important to pay attention to the complaint, summons or subpoena or you could be charged with contempt. Process serving may be an unwelcome event, but it's necessary under our system of governance.


Subrogation and How It Affects You

  • 4 18, 2018
  • |Law
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Subrogation is an idea that's understood among legal and insurance firms but sometimes not by the people who hire them. Rather than leave it to the professionals, it is in your self-interest to comprehend the nuances of how it works. The more information you have about it, the better decisions you can make about your insurance policy.

Any insurance policy you hold is a commitment that, if something bad occurs, the company on the other end of the policy will make good in one way or another in a timely manner. If your vehicle is hit, insurance adjusters (and police, when necessary) determine who was to blame and that party's insurance pays out.

But since figuring out who is financially responsible for services or repairs is often a heavily involved affair – and time spent waiting sometimes adds to the damage to the policyholder – insurance companies usually decide to pay up front and assign blame afterward. They then need a path to get back the costs if, when all is said and done, they weren't in charge of the payout.

Can You Give an Example?

You are in a car accident. Another car crashed into yours. Police are called, you exchange insurance details, and you go on your way. You have comprehensive insurance and file a repair claim. Later it's determined that the other driver was to blame and her insurance policy should have paid for the repair of your vehicle. How does your insurance company get its funds back?

How Subrogation Works

This is where subrogation comes in. It is the way that an insurance company uses to claim reimbursement when it pays out a claim that turned out not to be its responsibility. Some insurance firms have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Under ordinary circumstances, only you can sue for damages done to your self or property. But under subrogation law, your insurer is given some of your rights in exchange for having taken care of the damages. It can go after the money that was originally due to you, because it has covered the amount already.

How Does This Affect the Insured?

For one thing, if your insurance policy stipulated a deductible, it wasn't just your insurer that had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – to be precise, $1,000. If your insurance company is unconcerned with pursuing subrogation even when it is entitled, it might opt to get back its costs by increasing your premiums and call it a day. On the other hand, if it knows which cases it is owed and goes after those cases efficiently, it is acting both in its own interests and in yours. If all of the money is recovered, you will get your full thousand-dollar deductible back. If it recovers half (for instance, in a case where you are found one-half culpable), you'll typically get half your deductible back, depending on your state laws.

Furthermore, if the total loss of an accident is more than your maximum coverage amount, you may have had to pay the difference, which can be extremely costly. If your insurance company or its property damage lawyers, such as attorney for child custody Springville ut, pursue subrogation and succeeds, it will recover your losses in addition to its own.

All insurance companies are not created equal. When comparing, it's worth researching the reputations of competing firms to find out whether they pursue legitimate subrogation claims; if they do so quickly; if they keep their policyholders apprised as the case proceeds; and if they then process successfully won reimbursements immediately so that you can get your deductible back and move on with your life. If, on the other hand, an insurer has a reputation of paying out claims that aren't its responsibility and then covering its income by raising your premiums, even attractive rates won't outweigh the eventual headache.


The Things Every Policy holder Ought to Know About Subrogation

  • 7 27, 2016
  • |Law
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Subrogation is an idea that's well-known among insurance and legal firms but often not by the customers who employ them. Even if it sounds complicated, it would be to your advantage to know an overview of the process. The more you know, the more likely it is that an insurance lawsuit will work out favorably.

Every insurance policy you own is a commitment that, if something bad occurs, the company on the other end of the policy will make restitutions in a timely fashion. If your vehicle is in a fender-bender, insurance adjusters (and the judicial system, when necessary) determine who was at fault and that party's insurance covers the damages.

But since ascertaining who is financially responsible for services or repairs is sometimes a heavily involved affair – and delay often adds to the damage to the policyholder – insurance companies in many cases opt to pay up front and figure out the blame afterward. They then need a way to recover the costs if, when all is said and done, they weren't responsible for the payout.

Let's Look at an Example

You arrive at the Instacare with a sliced-open finger. You give the nurse your medical insurance card and she writes down your coverage details. You get stitches and your insurance company is billed for the tab. But on the following morning, when you get to work – where the accident happened – you are given workers compensation paperwork to fill out. Your company's workers comp policy is in fact responsible for the hospital visit, not your medical insurance company. It has a vested interest in getting that money back in some way.

How Does Subrogation Work?

This is where subrogation comes in. It is the method that an insurance company uses to claim payment after it has paid for something that should have been paid by some other entity. Some insurance firms have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Usually, only you can sue for damages to your self or property. But under subrogation law, your insurance company is given some of your rights in exchange for making good on the damages. It can go after the money originally due to you, because it has covered the amount already.

How Does This Affect Me?

For starters, if your insurance policy stipulated a deductible, it wasn't just your insurance company who had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – to be precise, $1,000. If your insurance company is timid on any subrogation case it might not win, it might opt to recover its losses by upping your premiums and call it a day. On the other hand, if it has a capable legal team and pursues those cases aggressively, it is acting both in its own interests and in yours. If all $10,000 is recovered, you will get your full $1,000 deductible back. If it recovers half (for instance, in a case where you are found one-half culpable), you'll typically get half your deductible back, depending on your state laws.

Furthermore, if the total price of an accident is over your maximum coverage amount, you may have had to pay the difference, which can be extremely expensive. If your insurance company or its property damage lawyers, such as child support lawyer 23294, pursue subrogation and wins, it will recover your losses as well as its own.

All insurance agencies are not created equal. When shopping around, it's worth looking up the reputations of competing agencies to determine if they pursue winnable subrogation claims; if they resolve those claims with some expediency; if they keep their policyholders posted as the case goes on; and if they then process successfully won reimbursements immediately so that you can get your losses back and move on with your life. If, on the other hand, an insurer has a reputation of honoring claims that aren't its responsibility and then safeguarding its profitability by raising your premiums, you should keep looking.


Bankruptcy Not the End

  • 7 20, 2016
  • |Law
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Can you not get ahead with paying your creditors? Take the responsible step toward reorganizing your assets by researching your options with a bankruptcy attorney. With your lawyer, you can determine if bankruptcy is the best choice for you. Bankruptcy has helped multiple businesses and individuals all over the country. Our attorneys have years of experience with every aspect of bankruptcy law. Reorganize your finances and get back on your feet with a dependable criminal lawyer san bruno ca.


Subrogation and How It Affects You

  • 6 7, 2016
  • |Law
  • No Comments

Subrogation is a concept that's well-known in legal and insurance circles but rarely by the policyholders they represent. Rather than leave it to the professionals, it is to your advantage to know the nuances of the process. The more information you have about it, the more likely relevant proceedings will work out in your favor. Any insurance policy you hold is a commitment that, if something bad happens to you, the insurer of the policy will make restitutions in one way or another without unreasonable delay. If your home is robbed, for example, your property insurance agrees to compensate you or enable the repairs, subject to state property damage laws. But since determining who is financially accountable for services or repairs is usually a heavily involved affair – and time spent waiting in some cases increases the damage to the policyholder – insurance firms in many cases decide to pay up front and assign blame afterward. They then need a path to recoup the costs if, when there is time to look at all the facts, they weren't actually responsible for the payout. Can You Give an Example? You arrive at the Instacare with a sliced-open finger. You give the nurse your medical insurance card and he writes down your policy details. You get taken care of and your insurance company gets an invoice for the medical care. But on the following day, when you arrive at work – where the injury happened – your boss hands you workers compensation forms to file. Your workers comp policy is actually responsible for the payout, not your medical insurance company. It has a vested interest in getting that money back somehow. How Does Subrogation Work? This is where subrogation comes in. It is the method that an insurance company uses to claim payment when it pays out a claim that turned out not to be its responsibility. Some companies have in-house property damage lawyers and personal injury attorneys, or a department dedicated to subrogation; others contract with a law firm. Normally, only you can sue for damages done to your self or property. But under subrogation law, your insurance company is extended some of your rights for having taken care of the damages. It can go after the money originally due to you, because it has covered the amount already. How Does This Affect Me? For starters, if you have a deductible, your insurance company wasn't the only one who had to pay. In a $10,000 accident with a $1,000 deductible, you have a stake in the outcome as well – to the tune of $1,000. If your insurer is lax about bringing subrogation cases to court, it might opt to recoup its costs by ballooning your premiums. On the other hand, if it has a knowledgeable legal team and goes after those cases aggressively, it is doing you a favor as well as itself. If all ten grand is recovered, you will get your full deductible back. If it recovers half (for instance, in a case where you are found 50 percent culpable), you'll typically get $500 back, based on the laws in most states. Additionally, if the total expense of an accident is over your maximum coverage amount, you may have had to pay the difference. If your insurance company or its property damage lawyers, such as asbestos canada, pursue subrogation and succeeds, it will recover your losses in addition to its own. All insurers are not the same. When comparing, it's worth weighing the reputations of competing companies to evaluate if they pursue legitimate subrogation claims; if they resolve those claims quickly; if they keep their policyholders advised as the case continues; and if they then process successfully won reimbursements quickly so that you can get your money back and move on with your life. If, instead, an insurance agency has a record of honoring claims that aren't its responsibility and then safeguarding its profitability by raising your premiums, you'll feel the sting later.


Your Rights and Responsibilities with Police

  • 5 30, 2016
  • |Law
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It's usually right that cops want what's best for you and your community, but it's wise to be familiar with your rights. Police have the ultimate power - to take away our freedom and, in some instances, even our lives. If you are being questioned in a criminal defense case or investigated for driving drunk, make sure you are protected by a good lawyer.

Police Can't Always Require ID

Many people are not aware that they don't have to answer all an officer's questions, even if they have been pulled over. If they aren't driving, they may not have to show identification. These protections were put into the U.S. Constitution and seconded by Supreme Court justices. You have a right not to give testimony against yourself, and you can almost always just leave if you aren't under arrest.

Even law-abiding people need lawyers. Whether you have committed a DUI and broken other laws or have not, you should be protected. Knowing all therules and being aware of the multiple situations where they apply should be left up to qualified attorneys. Find someone whose main priority it is to be aware of these things if you want to prevail in any criminal defense or DUI case.

There are Times to Talk

It's wise to know your rights, but you should realize that usually the cops aren't out to harm you. Most are decent people, and causing trouble is most likely to trouble you in the end. You don't want to make cops feel like you hate them. This is another reason to hire an attorney such as the expert counsel at criminal attorney 34741 on your defense team, especially after being arrested. Your attorney can inform you regarding when you should give information and when staying quiet is a better idea.

Question Permission to Search

Beyond refusing to talk, you can refuse permission for the police to rummage through your house or car. However, if you start to blab, leave evidence lying around, or grant permission for a search, any information gathered could be used against you in court. It's usually good to deny permission.