What does a business lawyer actually do?

This is an article by Todd Spodek, a top rated NYC Business Lawyer. Running a business can be complicated. We live in a high litigation friendly world – where companies jump at the chance of suing a competitor. The existing economic situations, has made it difficult for small and medium sized businesses to conduct business. There are pitfalls at every step. In addition, due to the upcoming election – there may be a drastic change in the tax code system – due to conflicting views amongst the various candidates. Obamacare, changed healthcare coverage for business owners as we know it.

All of this, and more, pose huge potential issues for business owners. The solution, is hiring a competent business lawyer, who can advise you on the specifics of what you need.

Below are some common scenarios where hiring a business lawyer would be helpful:

You need to protect your intellectual property: Trademarks, copyrights, and patents, are examples of intellectual property. An example of a trademark – is the name Apple. Imagine if a company hijacked it, and started using the name – pretending as if it were the actual Apple company? It would be a nightmare! If Apple didn’t have a trademark, though, they would have no recourse to those violating their mark. The is where a trademark lawyer (a type of business lawyer) would be helpful. Trademark attorneys can help you file a mark, and more importantly – help prevent anyone from violating or infringing upon it.

You need help with contracts: If you are offering an employment agreement, or if you’re buying or selling your business – you’ll need a contracts attorney who can advise you. The point of hiring the los angeles contracts lawyer is to not only help you protect you – but also to help you create a “rock solid” agreement, that enables you to settle future issues without having to go to court, due to specific clauses in the agreement.

You are new to business: If you’re opening a new business, you’ll probably need help formulating a new corporation. Contrary to popular belief, you don’t need a corporation in order to conduct business. You can simply hang your shingle. But, the issue is without a corporation – you can be sued, and have your personal assets at risk. You can hire a business attorney to help you form either an S corp or a C Corp. Both corps have their advantages and disadvantages. The one thing both do, is protect your personal assets from business liabilities.

You are being sued: If you’re being sued, for a service or product, or some other breach of contract, you’ll need a business lawyer to protect you. Because this is a civil argument, you have to provide your own attorney. Only in criminal cases is an attorney assigned to you, free of charge.

Can I break an annuity from an auto accident settlement?

Victims of auto accidents may be entitled to compensation for the damages sustained. In general, in order to receive damages, the victim must show that the other driver was negligent, such as vaping an e-liquid, or some other act of negligence. In many auto accident cases, insurance companies offer payment to settle the dispute without requiring the parties to go to court. Settlement amounts depend on a variety of factors and each case is different. A personal injury attorney can represent victims of auto accidents throughout the process to help you make informed decisions. A personal injury attorney can also negotiate on your behalf and make sure your interests are protected. A settlement should be sufficient to compensate for all of the damages you sustained in the accident, as well of those that will continue in the future.

In many auto accident cases where a settlement is paid, an insurance company pays the funds over a period of time rather than paying a one time, lump sum. This arrangement is referred to as a structured settlement or annuity. These structured payments put less of a burden on the payer and provide tax benefits for the recipient. An annuity may also have certain interest benefits. Many recipients of annuity payments in an auto accident case desire payments to be received earlier or in larger quantities. Unfortunately, breaking an annuity is not an easy task and it can rarely be accomplished, unless the terms of the settlement agreement specifically allow alternative payout options.

One option when an annuity cannot be broken is to petition the court to set aside the annuity. If there are compelling reasons to set aside the annuity or other valid legal arguments to accomplish the same, then you may receive relief from the restrictions. However, this relief is rarely granted by the court and is only permitted in extreme situations.

Another option is to find an entity that purchases the settlements from auto accident victims. These arrangements usually have significant limitations and require the victim to forfeit a large portion of the total settlement to be received. Ultimately, if you qualify for this type of arrangement, you will likely give up a substantial amount of the settlement.

If you are currently involved in an auto accident or other personal injury claim, contact a personal injury attorney before you accept and settlement offers. A personal injury attorney can make sure that the settlement arrangement takes into consideration your particular needs at the current moment and in the future. A personal injury attorney will also be able to advise you about settlements, so you make an informed decision. This will help you understand if a settlement offer is fair and adequate to compensate for your needs. Do not delay contacting a personal injury attorney.

If you previously accepted a settlement offer and need advice about breaking an annuity or otherwise expediting the payment process, then a personal injury attorney may also assist. A personal injury attorney can review the technical aspects of your settlement agreement and determine if there are any alternative methods to receive payment. In some instances, a personal injury attorney may be able to petition for relief from the restrictions of the annuity. A personal injury attorney can also assess the viability and legality of offers from third parties to pay in exchange for your interest in the annuity.

About the author

This guest blog post was written by Anna Jacobs, a lawyer with El Dabe Law, a Los Angeles personal injury law firm.

I feel fine should I still see a doctor after my automobile accident?

Automobile accidents are very serious incidents, and medical attention is almost always recommended. Unfortunately, a lot of car crash victims neglect the importance of seeing the doctor right away. Some dangerous symptoms may take days to surface in a noticeable fashion, and then it can be too late to avert permanent harm. Going to a hospital is the only way to be certain of good health after any substantial collision.

Shock and Numbness

Paralysis should always be a concern after an accident. Numbness might not feel like anything serious, but it might be a sign of lost sensation and mobility. Nerve damage can also inhibit movement, and the problems can be quickly exacerbated without medical care. In addition to physical detachment, it is also possible for a prospective patient to exhibit proof of psychological shock. This state of dissociation may halt the processing of physical injuries that need dire attention!

Physical Brain Damage

The pain receptors can be blunted, which prevents the nerves from transmitting any negative feelings. This may cause you to feel fine when you are actually at risk. For example, concussions may go undetected without professional help, and these dormant injuries can lead to death upon future impacts. Internal bleeding may also occur while the nerves are inactive. In worst case scenarios, hemorrhages and strokes may arise!

Neurological Disorders

The mind’s internal chemistry may lose its balance after being jarred by a collision. This kind of mental challenge shows up in a variety of forms. Most often, it manifests as Post Traumatic Stress Disorder; however, cognitive impairments are also know to be possible. Some car crash victims develop lifelong ticks, and many others are plagued by anxious hypervigilance.

Spinal Afflictions

Chiropractic help may be the key to recovering from a bad wreck. The back is especially delicate, so treatments must be provided in a sensitive manner. Slipped discs can be devastating to one’s livelihood, especially since the debilitation is eventually accompanied by enormous suffering and medical fees. A dislocated spine impedes every motion in the entire body!

Lacerations and Bruises

All cuts should be treated no matter their size; otherwise, infections shall become a huge threat. If sickness settles in deep, the only hope may be limb amputation. Another reason to treat lacerations rapidly is that fast fixes will minimize the scar size. Also, bruises should not be ignored. Spots that are swollen may be concealing sprains and broken bones. Again, internal bleeding may be another major issue hidden underneath the skin!

Final Word

Don’t let false sensations of comfort deceive you into being irresponsible about your personal well-being! Symptoms do not need to be present for you to visit a clinic. It is not worth waiting for adverse reactions. Procrastination just gives more time for the problem to worsen. In this situation, let common sense override perceptions of being unscathed. It may take some humility, but checking with your M.D. can do tremendous good! If anything, this resource can compile all of the data you need to go ahead with a personal injury lawsuit!

This blog post was written by Joel Farar – a founding partner at Farar & Lewis LLP. If you are a victim of a car accident in Los Angeles, visit Joel’s website – Farar & Lewis LLP

Can an attorney settle my personal injury case without asking me?

One of the main points stressed in personal injury law is that an attorney can never accept a settlement without the client’s consent. The lawyer must ask you first before they make any decisions on your behalf. After all, the settlement pertains to your life and your rights, not theirs. There is absolutely no wavering on this fact, no matter what the circumstances are.

Even if the amount of money offered in the settlement is not what the client wanted or expected, the client still needs to be told and advised on all the data and information making up the gross settlement. This includes the prospective attorney’s fees as well as any medical bills and hard costs. When these facts are not stated to the client, you can’t make an intelligent decision on if you should take the settlement being presented or reject it in the hopes of what you’re looking for.

However, if you see that your attorney automatically accepted the settlement offered without even talking to you about the terms, he or she violated a fiduciary duty owed to you. When the attorney doesn’t discuss the settlement with you beforehand, they are taking advantage of their position. They are using their title, knowledge and experience to their own advantage. Remember, you are trusting this individual because they have superior mastery of this area. You believe their advice to be honorable and honest.

Not only this, though, but by your attorney settling your personal injury case without asking you is an ethical violation. If this has happened to you, the next step you can take is to report your attorney to the local bar association. However, keep in mind that the State Bar is the only authority source at this point that can really take action and discipline your lawyer. If you make the ultimate decision to report your attorney’s conduct, you need to head to the State Bar’s website. On there, you will see downloadable forms. Fill out those forms and then send them into the State Bar.

Now, when a settlement is accepted against your knowledge, the insurance company does not know this. They believe that the accepted settlement is a done deal because cuts have already been cut. At this time, you will need to step in and tell the insurance company that you never actually agreed to the settlement at hand. Explain to the company that the settlement was accepted without any authorization from you and that the attorney now no longer works for you.

When you take this action, the insurance adjuster can then start working directly with you or any new attorney that you have hired since the settlement mishap happened. This insurance adjuster will work to make things right for you. It’s important to note that laws do change quite often, especially across jurisdictions. That’s why the best thing you can do for yourself is get a personalized case evaluation from a lawyer who is licensed in your state. If you do decide to hire another attorney to take on matters, you have to be careful that the person you hire now won’t deceive you as well. It’s best to do your research. This means checking our reviews and recommendations, looking at certifications and degrees and meeting with the lawyer before automatically hiring them.

Plain and simple, an attorney cannot just accept or deny a settlement in your personal injury case on your behalf. However, you can’t predict the future. If you do end up in a situation where this has happened to you, there are steps you can take. This situation is not a total loss. The key here, though, is acting quick. The moment you notice that the attorney has acted without your consent, you need to alert others as well as fire the attorney. As long as you do this, there can be actions taken to reverse the damage.

About The Author

This blog post was written by Edmond El Dabe – a personal injury attorney based out of Los Angeles. To learn more about him – visit his website at: http://personalinjurylawyerslosangeles.com/

Are Personal Injury Settlements Taxable?

his is one of the most common questions asked by victims of a personal injury, who are looking for compensation. It’s an important question. Typically, the answer is no. In some situations, “CERTAIN” components of a personal injury settlement may be taxed. For anyone interested – you can read the IRS’s remarks here: https://www.irs.gov/pub/irs-pdf/p4345.pdf. As a Long Island personal injury lawyer, I have had the distinct pleasure of seeing virtually every type of case. My answer stems from this experience.

As a general rule of thumb, proceeds from most personal injury claims aren’t taxed under either state or federal law. Regardless of whether you settled, or went to court. Neither the IRS, or state government, can tax you on the settlement or verdict.

Let’s take a step back. Most personal injury damages awarded are for things like: lost wages, medical bills, pain and suffering, monetary financial losses, and attorney fees. Any compensation you get, as a result of a physical injury or sickness, which is part of the claim – is not taxable.

Some exceptions do apply

If your personal injury lawyer is able to get you punitive damages, then those will be taxable. Typically, most personal injury lawyers are aware of this – and will ask the judge/jury to separate the punitive damages claim from the compensatory damages. This will help ensure that you can prove to the IRS that the verdict, for which you’re not paying taxes – was for compensatory damages.

If there is a delay in you receiving the proceeds from your verdict, and you accrue interest on it – then that interest is taxable. Many states have rules that add interest to the verdict for the length of time the case is pending. For example, if you filed your suit on January 15, 2015 – and it settles in June of 2016, then you would get interest for that period of time. That interest would be taxable.

Another exception to the rule, is with claims that only involve emotional injuries. Settlements/verdicts are only non-taxable, so as far as they pertain to physical injuries. If you are suing for emotional distress, then that claim would be taxable.

About The Author

This informative blog post about whether personal injury claims are taxable, was written by Marc Albert. He is a NYC personal injury attorney, whose website you can visit at: http://www.msainjurylaw.com/

Why you might need a car accident lawyer

Most people get into and drive their vehicles every single day. You probably drive to and from work daily, drive your kids to school once in awhile and you take the car to pick up groceries and other shopping essentials. No one likes to think that a car accident is possible, but is definitely is, and it’s a lot more common than you might think. What’s even more common and unfortunate is that many drivers do not carry car insurance on their vehicles, or you or the other driver involved in the accident might not have enough coverage to really cover everything that is involved in that particular accident. This is when it might be beneficial to work with a lawyer who is completely specialized in dealing with car accident law.

Why You Might Need to Work with a Los Angeles Lawyer Car Accident Lawyer

There are a wide variety of reasons it might be a good idea to work with a lawyer if you were involved in a car accident. If you do not have enough coverage on your insurance plan to deal with medical bills, severe car damage or even a totaled car, you may want to think about filing a claim. This is especially true if the accident was definitely not your fault and was the fault of the other driver who happened to be involved.

You might have also gotten into an accident that involved a person who doesn’t even have car insurance to begin with themselves. This is actually a lot more common than you might think, and these individuals won’t be able to help out with bills because they just do not have insurance for it. This is when it’s a good idea to contact our experts here at the Farar Law Group to see if you are able to file the paperwork needed to put a lawsuit together involving the car accident. Being a victim of a car accident is definitely not fun for anyone, but having solid legal representation is vital if you want to be able to know that you are going to win your case.

Why Hire an Attorney?

Many individuals try their very best to do all of the legal paperwork and courtroom drama on their own. This may work for some people, but it is often futile for those who are not advanced when it comes to the legal system and how it ultimately works. If you want to know that your lawsuit has a fighting chance, it is so important to be working with a lawyer at all times. This legal professional is the one who is going to file legal and lawsuit-related paperwork for you. They will be able to set up a date where you can actually go to court. They will be the one who sends paperwork summoning the other person to court on that specific date. This is an awful lot of work for the average person to do, so it’s best left in the hands of the legal expert.

Hiring an attorney also means that you’re going to have someone there with you when you’re actually in the courtroom. A lot of people are not entirely sure how to handle their own case when they’re actually in front of the judge. Because of this, you may want to think about having that legal expert by your side throughout the case. For those who have been involved in a severe car accident and cannot even get to court, you need a lawyer to represent you when you cannot be there yourself.

About the author

This blog post was written by Aaron Teller, an associate at the personal injury law firm of Farar & Lewis LLP. Aaron specializes in car accidents, and has over 5 years of experience handling car accident cases in California. He has a member of the National Trial Lawyers association, and is rated 10/10 by Avvo. Victims of car accidents in Los Angeles are encouraged to visit Farar & Lewis LLP’s car accident subpage to learn more.