Thanks to our friends and contributors from Bruno | Nalu for their insight into the importance of mini-opening statements.
Thanks to our friends and contributors from Bruno | Nalu for their insight into the importance of mini-opening statements.
If you are in the process of settling a personal injury claim, the allocation of damages is critically important because an incorrect allocation can result in taxable income. Generally, a recovery from settlement or judgment is excluded from income if it is a result of physical injury or physical sickness. Damages include, but are not limited to, elements such as medical and legal expenses, pain and suffering, lost wages, and emotional trauma. There are a few exceptions to this rule.
The first exception is that punitive damages are taxable. Second, any amounts received that are attributable to interest is taxable. Third, if the taxpayer has deducted any of the expenses related to the settlement, the amounts previously deducted are taxable. Finally, any portion of the recovery that is allocated to property damage is taxable to the extent that it exceeds the basis of the damaged property.
For example, say you were dragged off an airplane by security and, as a result of the overly aggressive guards, you banged your head against a seat causing a concussion, broken nose, and your $2,000 laptop was destroyed. A few months later, your personal injury lawyer contacts the airline requesting compensation for your medical bills, emotional trauma, and lost wages from your physical injuries. It agrees to settle after the video of the incident goes viral. The settlement agreement stipulates that you receive $148,000 for medical expenses, pain and suffering and emotional trauma, and $2,000 for your computer. This settlement is 100% tax-free, for federal tax purposes, assuming you have not previously deducted any of the medical expenses.
I’m now going to change the facts a little to show how easy this is to turn into a taxable recovery. Assume the same facts as before, except that the settlement agreement now stipulates that you receive $130,000 for medical expenses, etc.; $10,000 for prejudgment interest; $2,000 for the computer; and $8,000 for the unrecoverable files on the computer. In this example, $18,000 of the settlement is taxable income. This income could have easily been avoided by allocating the interest and lost files to mental anguish; instead, you will have a tax bill on April 15th.
Unfortunately, traffic violations are incredibly common and even the best, most-careful drivers can make mistakes from time to time. Statistics compiled by Time magazine show that the average number of yearly traffic citations is down in many states around the country. Still, this could be because fewer people are being caught and as a result, they may not realize they did anything wrong.
In fact, the average driver commits approximately 400 traffic violations for every traffic citation or ticket they actually receive. The problem is so widespread that the majority of drivers commit these and other violations frequently and often without knowing it.
Following Too Closely
One of the most common violations many people commit is following the car in front of them too closely. Typically, citations aren’t handed out for this offense except in the case of an accident or when someone is truly tailgating another driver. Nonetheless, the vast majority of drivers tend to drive far too close to others.
Most states have somewhat vague laws as to what exactly constitutes following too closely. Generally, the law might say something to the effect that a person cannot follow closer than is considered safe based on the speed and conditions. However, drivers are expected to keep at least one to one-and-a-half car lengths behind the driver in front of them for every 10 miles per hour they’re travelling. This means you need to be around six car lengths behind when you’re travelling 40 mph.
Driving in the Left Lane on a Multiple Lane Road
Although you wouldn’t know it from traveling down most highways, the majority of states have laws that state that the left-hand lane is reserved for passing on any road with two or more lanes. Too many drivers staying in the left lane can quickly cause traffic buildups and potential accidents, which is why some state highway patrols have recently begun cracking down on this all-too-common violation.
Not Stopping for Pedestrians
Pedestrians always have the right of way, which technically means that you need to stop any time someone walks out into the road. However, this is especially true in places where there is a crosswalk and no traffic light. In that scenario, you can easily be ticketed for failing to stop when a person is waiting at the crosswalk, even if they haven’t yet stepped into the street.
Improper Left Turn at a Traffic Light
Virtually everyone has made a left turn on a yellow light in order to avoid the frustration of having to wait through another set of lights. However, most states have laws in place that state that drivers must make a careful turn at the green light. This means that making a rushed turn when the light suddenly turns yellow could see you cited for an improper turn.
Improper turning doesn’t only relate to making a turn at a light. In fact, people often make improper turns almost every single turn they make. For example, when you make a right turn into a street, driveway or alley, the law states that you are supposed to stay as close to the right edge of the road as possible. Still, many people tend to swing out wide before making a right turn, which is another citable improper turning violation. The same thing goes if you swing out too far to the right when making a left turn.
Although the majority of these traffic violations are minor, they could still add up to a big problem should you be a repeat offender. Therefore, considering the rising number of traffic deaths each year, it wouldn’t be a bad idea if everyone started paying more attention to following the laws of the road. By doing so, you can hopefully help avoid paying huge fines or potentially needing the assistance of car accident lawyer Minneapolis MN trusts to defend you in traffic court, or worse, an attorney to defend you if you were to injure someone.
There are many reasons why someone might not have medical insurance. Perhaps they can’t afford to pay for it or they’re in-between jobs and waiting for their new health coverage to take effect. Unfortunately, accidents are never convenient, and they can happen when someone doesn’t have insurance to pay for treatment. As a result, they may wonder if a doctor can refuse to treat them because they don’t have insurance coverage.
There’s not a simple answer to this question. Doctors have the legal right to turn down patients, but it’s not always simple to explain why they have this right when medical necessity is in question. Each state has specific laws regarding medical treatment and the refusal of a doctor to see a patient. It’s difficult to discuss the legalities without knowing specifics regarding your case.
Right to Refuse
Doctors have the right to refuse medical care for many reasons. The most common reasons include the following:
Sometimes, patients aren’t actually denied medical treatment but they are forced to wait long hours to receive care. This occurs most often in an emergency room, and it causes many patients to get up and leave. These patients feel they are denied treatment when they’re actually waiting for a doctor to have time to see them.
The Emergency Medical Treatment and Active Labor Act
This is a federal law that requires all doctors and medical facilities to see a patient who is suffering from a medical emergency or is in active labor even if the patient has no ability to pay the anticipated bill. A good example might be a homeless woman or transient who comes into an emergency room in labor or with life threatening injuries. Without a job or even a home they have no ability to pay, but the doctor is required by law to see them.
While a doctor has every right to deny treatment for various reasons, they can’t refuse to treat a person with life-threatening or serious injuries even if they don’t have health insurance or the ability to pay.
Call a personal injury attorney if you have concerns about medical care that was denied to you. An important part of a lawyer’s job is to help determine whether medical care was legally denied or if there was a gross negligence. Contact a law firm without delay to determine if your legal rights were violated.
Thanks to our friends and contributors from Needle & Ellenberg, P.C. for their insight into medical malpractice practice.
As a law firm who practices both personal injury cases and divorces, we know that people going through a divorce are concerned about their assets and how the assets will be divided in a divorce. A common question for those who have been involved in a car accident case, or any other personal injury case is what happens to the personal injury settlement check? Most states give at least some consideration to the spouse that was not injured, meaning the personal injury award generally belongs to both spouses.
One of the ways to protect a personal injury award is by either doing a prenuptial or postnuptial agreement otherwise known as a prenup or postnup . If your personal injury award has already been given, or it will be given before you get married, then the settlement would be considered separate property and you would not have to worry about doing a prenup. However, if you expect your personal injury settlement to be awarded after you get married, or if you expect you may be in a common law marriage relationship, then you should consider doing a prenup to protect that personal injury award as separate property that would belong to you. If you are already married and get involved in an accident after your marriage and expecting a personal injury award, then you will need a postnup instead of a prenup.
Other than doing a prenup or postnup, be sure to follow other ways to protect your personal injury award such as keeping a separate bank account for the money awarded. Following these kinds of tips have commonly helped protect award like these in divorce proceedings from becoming a marital asset.
If you have any further questions or concerns about your divorce process and how your personal injury settlement may be divided in a divorce, contact a skilled divorce lawyer in North Texas or else where before proceeding any further.
Driving under revocation or suspension is when you are caught driving while your license has been suspended or revoked. Your license may be suspended for a variety of reasons, both criminal and civil, but it is usually related to a violation committed with your vehicle. This may be a DUI, or an accumulation of penalty points, or your car is involved in the committing of a serious crime.
If you are convicted of a DUI or for having too many driving violations you license will be suspended for a period of time depending on your local laws. If you are found driving during this period of revocation you will be cited and possibly arrested. The consequences may be steep fees, jail time or a longer suspension period. If you are on a conditional sentence like a deferred judgment or probation, a DUR may cause those to be revoked.
Depending on the underlying violation, driving under revocation may also affect one’s immigration status.
Sometimes the suspension is a conditional one, and once those conditions are met the license may be reinstated. This could be a hold on your license for a failure to appear in court or pay a fine; or even to maintain special insurance like an SR-22 if it is required of you. A hold on your license may occur for other civil reasons too, like failing to pay child support or another civil judgment.
Unfortunately, when your license is suspended you may only be informed by mail. If you have moved or mail is misplaced in some way, you would not know that you are under revocation until you are stopped for another reason. Once this driving under revocation charge is made it could complicate opportunities to alleviate the civil conditions. Maintaining a current address and checking your driving record with the DMV if you are facing civil penalties may help avoid this situation.
Consequences for both civil and criminal revocations may also include extended suspension and seizure of the vehicle under nuisance and abatement statutes, if that vehicle is suspected of being part of a serious crime.
In most cases the driver’s license is not automatically reinstated. The driver usually has to reapply for a license and meet certain conditions, usually paying fees and retaking the driving tests, as well as proving any other holds or conditions related to the revocation have been met.
Driving under suspension is a serious charge that can lead to significant consequences and complicate other legal matters you may be dealing with. Contact Colorado’s trusted criminal defense firm if faced with a driving under revocation charge.
Thanks to our friends at Hebets & McCallin for their insight into driving under revocation cases!
An executor is the person designated in the last will and testament to oversee the affairs of a person’s estate after that individual has died. Legally speaking, an executor is legally responsible for marshalling or collecting the assets of an estate, safeguarding them, and overseeing the proper distribution of a deceased person’s property according to the directives contained in a will. In this regard, if you are named as an executor, you have certain duties you must appropriately discharge.
The paramount responsibility you owe to an estate as an executor is what legally is known as a fiduciary duty. A fiduciary duty is classified as the highest standard of care, according to the Cornell University School of Law.
As an executory, you have a fiduciary duty to act solely in the best interests of the estate. Your decisions and actions must be directed towards ensuring the assets of the estate are protected and properly utilized and distributed according to the provisions of the estate and mandates of applicable law.
Obtain Key Documents
As part of your duties as an executor, you need to obtain a certified copy of the deceased individual’s death certificate. You also need to find the original copy of the last will and testament, and any other testamentary or related documents the deceased person may have prepared. This can include a trust agreement in some cases.
File the Will with the Court for Probate
Another primary task of an executor is filing a will with the appropriate court to have it probated. Depending on the nature and extent of the deceased person’s assets, and related considerations, the probate process might be fairly simple. On the other hand, a larger estate may result in a more complicated court process to probate the estate.
Obtain Letters Testamentary from the Court
Once the probate process commences, the court will issue what are known as letters testamentary. This is a court order that grants you formal, legal authority to serve officially as the executor of an estate. This is the legal document that gives you the power to address the affairs of the estate.
Locate and Inventory the Estate’s Assets
Once the will has been filed for probate, and letters testamentary are issued by the court, your next step as an executor is to identify, locate, inventory, and protect the assets of the estate. The inventory also includes identifying all liabilities of the estate as well. As a general rule, you will be required to file a formal inventory of major assets with the estate.
Pay Taxes and Bills Owed by Estate
Once the inventory of the estate is complete, as the executor, you pay the legitimate bills and taxes due and owing associated with the estate. Some liabilities may require specific court approval before they can be paid.
Regular Reports to the Court
Depending on the nature of the probate proceedings, you may be required to provide the court with recurring reports on the status of the estate. This must be filed in a timely manner to avoid sanctions from the court.
Once all of the liabilities of the estate have been satisfied, you return to the court for approval of the proposed distribution of assets in the manner directed in the will. An order from the court provides you the authority to complete the work of an executor in regard to an estate. In some cases involving a smaller estate, you can make the distribution without prior specific approval of the court.
Obtain Professional Guidance
If an estate is larger or more complicated, you may be best served retaining legal representation to assist you in your role as an executor of an estate. An estate lawyer Sacramento trusts typically will schedule an initial consultation with you at no cost to you or the estate.
Thanks to our friends and contributors from Yee Law Group for their insight into estate planning practice.
Few accidents on the road can be as absolutely destructive as an accident with a commercial truck. These large eighteen wheelers can smash a smaller car to pieces while barely sustaining any damage themselves. In the aftermath of the accident, victims can be left with many questions, especially if the accident was the fault of the truck driver. Perhaps the biggest question that will be on the victim’s mind is who will pay for the damage and injuries that were the fault of the driver. A truck accident attorney Dekalb County GA is proud to have working for its community may be able to guide you through this type of legal matter.
Under the law, a company is responsible for the actions of their employees, assuming they are acting within the responsibilities of their job. Applying this principal, the employer of the truck driver would be responsible for any damage caused by the negligence of the driver in an accident.
However, many truck drivers do not work directly for an employer and are considered independent contractors, which is an important legal distinction. Independent contractors have much more freedom to operate as they choose, and the law does not hold a company legally liable for the negligence of an independent contractor. If the driver owns their own truck, pays for the costs of maintenance, and is paid by the company on a per job basis, then they are an independent contractor. In the aftermath of an accident, it will be very difficult or impossible to seek compensation for damages from the company who hired them.
Another important distinction to make is whether the driver was acting within the scope of their responsibilities when the accident took place. Even if it can be established that the driver was an employee of the trucking company, the company can only be held responsible for damages caused in an accident if the truck driver was actively hauling freight to a destination at the time. If the driver had decided to take a detour or drive home early, then the employer will not be considered liable for the driver’s negligence, as they were acting in their own individual capacity.
If you have been involved in an accident involving a commercial truck, contact a skilled truck accident attorney as soon as possible. An experienced truck accident attorney will be able to determine whether the best case will be against the driver or the employer, and can ensure that you receive the compensation you need to fix the damage caused by the negligent driving of the truck driver.