Making a Personal Injury Claim for a Traumatic Brain Injury

St Petersburg Personal Injury Attorney

If you believe that there is something wrong, it is a good idea to contact a personal injury lawyer. You are entitled to compensation for your pain and suffering, whether it was caused by someone else.

You can prove the negligence of the other party with the help of a personal injury lawyer. A personal injury attorney will also help you build a strong case and take on the insurance companies and their army.

You may be eligible for compensation if there is a link between the accident and your injuries.

  • Medical bills
  • Lost wages
  • The two most painful things in life are suffering and pain
  • Future earnings lost
  • Functioning loss
  • Loss of spousal companionship
  • Emotional distress

Facts about Traumatic Brain Injuries

  • Traumatic brain injury prevention
    Tragic brain injuries are a common result of accidents. They are not discriminatory and can affect anyone, including children and adults.
    However, there are steps you can take every day to reduce the risk.
    • ALWAYS wear a seatbelt
    • Drive safely
    • When you ride a bicycle, motorbike, or play sports like baseball or football, make sure your helmet fits properly
    • Install child safety gates at each step.
    • Make sure your home has enough lighting
    • Handrails can be installed on your staircase and in your home.
    • Clearing obstructions and pathways can reduce the chance of falling in your home.
  • Common Misconceptions about Traumatic Brain Injuries
    • A concussion is not sustained if someone doesn’t lose consciousness.
    • They were able to walk and act normally after the accident so they did not sustain any brain injuries.
    • There were no obvious signs of injury so there wasn’t a brain injury.
    • The impact of the car accident caused a head injury because it was too slow and too weak.
  • For Traumatic Brain Injuries, contact a Personal Injury Attorney
    You or someone you love has suffered a traumatic brain injury as a result of an accident.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an St Petersburg Personal Injury Attorney She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

Stop Student Loan Collections

Most people know that student loans cannot be discharged in bankruptcy. If you are facing collections, however, there are some things that you should be aware of. This is how Chapter 7 can help.

Student Loan Collection

Students loan collectors and creditors have incredible collection power. They don’t have to sue you first or get a court judgment against you like most creditors. These creditors and collectors have extremely aggressive collection methods at their disposal. These special creditors can garnish your bank accounts and take your paychecks. They may also be able to grab your tax refund, or a portion of your Social Security benefit check.

The “Automatic Stay” in a Chapter 7 Filing

There are many reasons student loans are unique. The “automatic stay” that you file in bankruptcy will immediately stop student loan collection. It doesn’t matter if the student loan is discharged (written off), in your Chapter 7 bankruptcy case.

“Any act to collect, assess or recover a debt against the debtor” is stopped by the “automatic stop”. (Section 362(a),(6) of the U.S. Bankruptcy Act. (A “claim” is a “right to payment”–essentially, a debt. Section 101(5). The “automatic stop” is a temporary halt to “the commencement of or continuation”. . ?. of a[n] . administrative. Administrative. Administrative. . Proceeding against the debtor (Section 362(a)(1). “Administrative proceedings” includes the non-judicial collection actions described above, but they don’t include a suit. A Chapter 7 filing will also stop “the setoff any debt” that you owe, such as a Social Security or tax refund setoff. Section 362(a),(7). Filing bankruptcy will stop all student loan collection actions.

The break in collections lasts for the three to four months most Chapter 7 consumer Chapter 7 cases take. However, if you don’t manage the student loan properly in the interim, its collection can continue.

Dischargeability of Student Loans

Some student loans are permanently written off when a bankruptcy is filed. A student loan that is dischargeable must satisfy one condition. This condition can be a difficult and confusing one. You must not be causing undue hardship to the student loan. (Section 523(a),(8).

What does “undue hardship?” mean? It must be more difficult than a “hardship”.

It is possible that you feel your student loans are causing financial hardship. Federal courts have narrowly interpreted this phrase. These details are beyond the scope and reach of this blog post. However, it is important to remember that this condition can be very difficult to meet.

Chapter 7 Break-In Collections

You want to make the temporary collection break permanent during the three to four months of your Chapter 7 case. These are three methods to achieve this.

  • Your bankruptcy lawyer will file an “adversary proceeding” in your Chapter 7 case if you believe that you are eligible for “undue hardship.” This is a specialized lawsuit that determines whether you are eligible for “undue hardship.” The bankruptcy judge would then discharge your student loan debt permanently. This would make the temporary suspension of collections permanent. Once you have paid off the debt legally, there would be no further collection.
  • A bankruptcy judge might only allow partial repayment of student loans. The judge may decide that you would have to repay all the student loan(s), but only a part of them would. You would then make arrangements to repay the student loan debt at a lower monthly payment. Your student loan creditor will stop pursuing any further collection actions against you as long as you make the monthly payments.
  • Even if you aren’t eligible for a discharge of “undue hardship”, your Chapter 7 case will still discharge most or all of your other debts. This should make it easier to repay your student loans. You should be able to make arrangements for payment. You may be able to do this through the payment-reduction program available for different student loans. Your Chapter 7 case would be closed if you have such a payment-reduction program. You will then be exempt from student loan collection at the expiration of the automatic stay.
Avoid Default And Preserve Options

Even if you are not eligible for “undue hardship”, the bankruptcy pause can still be very helpful. This could be crucial. This is because most student loan programs can only be applied for if you are not behind in your payments. These programs may be available to you if you file a Chapter 7 case before your payments have fallen behind. If you wait too long, you may lose your chance and become seriously handicapped.

This post was written by Trey Wright, one of the best bankruptcy Tallahassee attorneys! Trey is one of the founding partners of Bruner Wright, P.A. Attorneys at Law, which specializes in areas related to bankruptcy law, estate planning, and business litigation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

Planning Estates Is A Ongoing Process

estate planning attorneys in Los Angeles California

If you are looking to create a legacy, estate planning isn’t a one-and-done task. Your financial situation at the time and your life circumstances will influence your estate plan. However, there is no guarantee that your plans will remain the same.

Family Dynamic

You may experience additions or subtractions to your family over the years. This can lead to the need for an estate planning update. Divorce is a common outcome of many marriages. This can impact your plan.

For a layperson, estate planning for blended families can seem confusing. There are ways to achieve any goal. Talk to an estate planning attorney to learn more about your options.

A qualified terminable property trust (QTIP), for example, is a legal tool that parents who are getting married again can use.

For a quick explanation, you would name a trustee and fund the trust. Your spouse would become the first beneficiary and your children would become the successor beneficiaries.

The trustee will distribute the trust’s income to your spouse if you are the spouse who has died. They may also use trust property.

Your children will inherit assets in the qualified terminable interests property trust after your spouse dies.

When you plan your estate, consider adding alternate beneficiaries to your individual retirement accounts, life insurance policies, or other accounts with beneficiaries.

If you choose an alternate name, that person would be the beneficiary. This would avoid a complicated situation.

Wealth Preservation

Many people view an estate plan as something that will be in place after your death. You should actually take steps to preserve your legacy for your loved ones.

The federal estate tax is one source of asset erosion. The federal estate tax has a maximum rate of 40 percent and is only applicable to the amount of the estate that exceeds this exclusion.

The exclusion this year is $11.7million, a record. This year’s exclusion is due to a provision in the Tax Cuts and Jobs Act, which was passed in 2017.

It will expire at the end of 2025 and the exclusion will be reduced to $5.49million dollars by January 1, 2026. This figure is reasonable when you consider the real estate value in Los Angeles.

The 99.5 Percent Act, which has been introduced by Senator Bernie Sanders, would reduce the exclusion at $3.5 million and raise the rate to 45 percent for the first $10,000,000. For estates worth more than $1 million, the rate would be 65 percent.

There are steps that you can take to reduce your estate tax burden. This can be a problem if you have financial success and the exclusion has been reduced.

Your legacy is also at risk from rising nursing home costs. Medicare doesn’t pay for nursing homestays. You can expect to spend more than $100,000 a year at a local nursing home.

Medi-Cal covers long-term care. You may be eligible if your assets are in the best possible position at the right time. We can help you create a nursing home asset preservation strategy that will preserve your legacy.

This article was written by Alla Tenina. Alla is one of the best estate planning attorneys in Los Angeles California, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

What a Courier Service Offers

When sending an important package or document, it can be stressful to not know how smoothly the transportation will go. You might have concerns that your item won’t make it at the right time, will be delivered to the wrong place, will be mishandled, or will be forgotten about. A quality courier service can alleviate these potential problems with assurance, quality, and convenience.

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Same-Day Delivery

Many courier services offer same-day delivery if your shipment is time-sensitive. Oftentimes this is even the case when the delivery is long-distance. A courier service can give flexible options depending on how quickly you’d like your item to arrive. Sometimes the shipment can make it to its destination in less than an hour!

Personalized Courier

When circumstances are subject to change, you might find yourself in a position where you aren’t completely sure where or when your item should be shipped. In situations like this, it might be best to find someone who you can completely rely on. Some companies can offer a designated courier who you can use exclusively for yourself. This way, the person handling your items will be someone you know and trust.

Scheduling

If you have a set schedule, perhaps you’d like to plan a delivery ahead of time. A courier service can tailor its services for delivery or pick-up at the perfect time for you. This can often be weeks or even months in advance, and many services can adjust the schedule if anything comes up. Also, if you’d like to have the pathway customized to your needs, a routed service King of Prussia PA might be a saving grace for you.

Courier services are the best way to ensure that your items are handled safely, transported quickly, and placed into the right person’s hands. These services value your trust and are eager to live up to your expectations. Especially when a shipment is very important to you, your best bet is to reach out to a dedicated company.

Tips for Winning a Court Case

Succeeding in a court case refers to getting the most favorable result. Irrespective of whether you are a defendant or plaintiff, it is best to act in a manner that places you at an added advantage. Therefore, while handling a court matter, you should control your emotions and objectively approach litigation decisions. The following are tips for increasing the likelihood of winning a court case.

Avoid Litigating for Revenge or Malice

Generally, you should avoid making your litigation for malicious reasons. This will end up affecting your case negatively. Besides incurring high lawsuit costs, your happiness and health also suffer. Law Office of Genine Ann Mejia suggests that if you honestly realize your motivation is based on revenge or spite, you should find a way to settle or end the case for your interests.

Pursue Mediation Rather than Litigation

In most cases, solving a dispute through negotiation is usually quicker, more private, and less expensive than pursuing a lawsuit. Typically, judges advise litigants to try to reach an agreement through the help of a mediator before they move forward with the trial. Therefore, it is recommendable to take advantage of the mediation option. You should fully cooperate with the mediator since this offers an opportunity to arrive at a negotiated deal that favors both parties.

Pay Attention to Your Advisers

Generally, a lawyer understands the process of litigation much better than their clients based on their experience and expertise. Furthermore, court processes are their daily routines. Therefore, it is crucial to pay attention to your attorney’s advice. It is also essential to ask questions if you do not understand something. Besides, it would help if you also remembered that an attorney has extensive experience and professional training on legal issues.

Winning a case can be a fulfilling achievement for an individual. However, some actions can limit the chances of winning a lawsuit or getting the best possible outcome.