Truck Accident Attorneys - Things to Keep in Mind

If you've been injured as the result of a collision with a semi, you may want to browse the truck accident attorneys in your area to find representation. While, comparatively speaking, semi tractor-trailers cause far fewer accidents on the roads than your typical automobile (perhaps due solely to their relative scarcity), the danger they pose is real. A car that runs into another car at low speeds is unlike to cause injury or death. A car that runs into a truck (or vice-versa) can create serious problems even when the vehicles aren't traveling very quickly. Trucks are far heavier than even the largest cars and there is little give to them in a collision. If a collision occurs as a result of negligence, you may be entitled to compensation.

Because the other vehicles on the road are at such a disadvantage, there are often laws in place demanding that the drivers of large scale tractor-trailers exercise greater caution while driving. This includes making sure they are at or under the weight they should be, following specific DOT rules as it pertains to driver fatigue and work hours, and obey laws such as keeping to the right and staying off certain roads. When these laws are violated, other drivers and the driver of the semi himself can be put into danger. This is also where negligence can come into play.

Truck accident attorneys are no different from personal injury lawyers in other fields (and in fact often practice in a wider swath of the law), but they also have extensive knowledge of what to look for in cases such as these. One of the first things they examine is whether or not the driver of the semi was on the clock when the collision occurred. This can have serious ramifications when it comes to who is held liable for the damage. A driver on the job may have not only put himself in the path of liability, but his company as well.

While not every case involving an auto collision necessitates the need for a settlement or a lawsuit, it is a major mistake to move forward with either path without the help of a lawyer. Truck accident attorneys may not win every case they take on, but they certainly have a better track record than individuals that try to take on companies by themselves. If you hope to be compensated for your injuries and loss, make sure you hire a good lawyer with the experience and tenacity to fight for your rights.

Orlando truck accident attorneys have the expertise to help you win the compensation you deserve. Don't fight the insurance companies on your own, visit http://www.hornsbylawgroup.com/.

View the original article here

8 Key Things To Do When Your Child Is Suspended From School (And Even Before!)

Parents are not usually prepared for a school suspension, which can come as a shock, and completely disrupt the day, week, or month (if it is extended prior to an expulsion). As such, this is an important article to read and pass on, as you never know when you may get "that call" from the elementary, junior high, or high school telling you to come pick up your child as they have been suspended. What do you do when you get the call your child is being suspended?

1) TAKE DOWN ALL RELEVANT INFORMATION IN WRITING: In that initial call, during meetings, in talks with your child, or otherwise, write down all information and keep it handy. Ensure you note down WHO you are talking to, WHAT is alleged to have happened, WHERE the event(s) allegedly took place, WHAT your child is alleged to have done, WHEN the activity supposedly happened, and HOW everything went down. Yes, this is "Journalism 101" but I was on the newspaper staff in high school (it paid off!). This information is critical to getting the whole story, and verifying you know everything.

2) STAY ON THE OFFENSE: In the school discipline process, often it can feel like "nothing can be done about it," and that a parent has no control. This is not true. Parents CAN do something about it and should always stay on the OFFENSE, going to bat for their child and attempting to SOLVE the problem at hand (suspension or otherwise) in the most positive way. Taking the steps here can help you to stay positive and may garner beneficial results.

3) MEET WITH SCHOOL STAFF AND WITNESSES: Go down to the school immediately after the call, if possible, BEFORE your child leaves and meet with the staff to go over exactly what is alleged. LISTEN a lot! Gather the facts. Try to set up a meeting with the alleged witnesses to the situation. For example, if the PE (Physical Education) teacher saw an alleged exchange of knives, weapons, drugs, etc. see if they can come in to the office RIGHT THEN to discuss the matter. Take copious notes as usual.

4) DON'T SIGN ANYTHING: Need I say more? Don't sign the suspension form (be ready and willing for the school to note "parent refused to sign"on the form). Don't have your child sign anything either.

5) RESTRICT THE INFORMATION YOUR CHILD PROVIDES: During the entire suspension and pre-suspension (e.g. investigation) process, it is not a good idea to have your child answer questions, write or sign a statement, or give any information. Politely refusing to provide information may be very difficult, as it is tough to not give into pressure, taunts, threats of increased punishment, intimidating adults, a cop dangling potential juvenile detention, or otherwise. A child may be scared, but parents, you must teach your child to politely decline to give, write, sign, etc. information or a statement. You will have to work out how best to achieve this goal in a way that does not look like the child is being difficult and/or is guilty. Please note, this is MOST important with school expulsion, but as what is said during a suspension investigation could be used for expulsion, it is also important during the suspension process. Make the school do the work and don't hand them an admission. Admissions can lead to not only suspensions, but also expulsion, a ticket from the School Resource Officer (cop), and other bad things.

6) DO NOT HAVE YOUR CHILD IN THE ROOM DURING YOUR MEETINGS: Self-explanatory considering number 5. We don't want the school to be inspecting your child's reactions.

7) ASK FOR A LESSER AND/OR NO PUNISHMENT: Remember "It can't hurt to ask?" Well, that statement is as true here as everywhere in life. Ask for no punishment, or an alternative punishment (e.g. detention?), and that is what you may receive.

8) FILE A SUSPENSION APPEAL: Occasionally, districts actually have a suspension appeal process. For example, in Elk Grove Unified School District (Elk Grove, California), there is an actual written process and forms to complete. Most districts do not have any formal suspension appeal process in place, BUT that does not mean you should not inquire about an appeal and go up the administrative line. Ask the school and the district if there is a suspension appeal process, THE DAY OF THE SUSPENSION. If there IS a process, follow it. If there is not, simply go up the chain of command. If you met with the Vice Principal initially, call the Principal next, then the District office, etc. Make some polite noise and you may get the suspension overturned or shortened.

Parents, please keep this list handy and pass it on to anyone you know who has kids in school. You may not think "this could happen to you," (or your friends) but it happens to thousands of parents weekly. For the most part, parents simply don't know what to do, or how best to proceed when struck with a student suspension. You can do something about it.

Michelle Ball, student attorney, has been helping California parents and students since 1995 in a variety of education law matters, including discipline (expulsion, suspension, behavior contract, other), special education (IEP, 504, assessments, qualification, placement, related services, etc.), sports, discrimination, bullying and with other school problems. She assists with school issues from pre-K through post-secondary and only represents students. THIS ARTICLE WAS WRITTEN BASED ON CALIFORNIA LAW BY A CALIFORNIA ATTORNEY, AND MAY NOT BE APPLICABLE IN OTHER STATES AND/OR TO YOUR MATTER (IN CALIFORNIA OR NOT). PLEASE BE ADVISED THAT THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR FORM AN ATTORNEY CLIENT RELATIONSHIP. AN ATTORNEY SHOULD BE CONSULTED IN ALL LEGAL MATTERS.

Michelle Ball,
Education Law Attorney,
LAW OFFICE OF MICHELLE BALL
717 K Street, Suite 228
Sacramento, CA 95814
Phone: 916-444-9064
Fax: 916-444-1209
Website: http://www.edlaw4students.com/
Blog: http://edlaw4students.blogspot.com/.
If you know someone who has an education issue in California, please have them contact my office. I offer both in person and phone consultations, and have assisted parents in expulsion, special ed, and many other school matters since 1995.

View the original article here

Important Things to Know About Filing Bankruptcy

In today's economy, a growing number of people are finding it hard to make ends meet. With so many out of work and not able to pay their debt obligations, often it seems that the only answer is calling up a bankruptcy attorney and getting the process started. While bankruptcy can be a good solution for some people/families, it is not always the best option.

In order to help better understand the process and if it makes sense in your particular case, here are some common questions people often ask about bankruptcy:

What is Chapter 7 Bankruptcy?

Chapter 7 is a type of personal bankruptcy whereby the debtor is permitted by the court to discharge certain debts, meaning the debtor is absolved of any liability to repay those debts. Debts normally included in a chapter 7 bankruptcy are unsecured loans such as credit cards and medical bills. Examples of common unsecured debts that CANNOT be discharged through a Chapter 7 include government-backed student loans, child support/alimony, and back taxes.

How Does a Chapter 7 Filing Work?

When a debt is discharged under a chapter 7 bankruptcy, the court orders the creditor to halt all collection activity on the debt owed. This means that the creditor must stop all phone calls, mailings, or any other form of personal contact with the debtor.

When Does Filing Chapter 7 Bankruptcy Make Sense?

When a person or family has a significant number of unsecured loans like credit cards and/or medical expenses and lacks the income to keep up even the minimum payments on them, then Chapter 7 bankruptcy may be the best option.

A typical scenario where a Chapter 7 might make sense is if the primary earner in the household becomes unemployed and/or disabled with very little prospect of finding decent paying work for the foreseeable future, and the family has a high amount of unsecured debt with little hope of paying it back. However, since each individual case is unique, it is always recommended to schedule a consultation with a bankruptcy lawyer to find out what's best in your case.

What is a Chapter 13 Bankruptcy?

A Chapter 13 is the other type of personal bankruptcy. In contrast to a Chapter 7, Chapter 13 does not completely discharge your unsecured debts. Instead, it works more like a debt consolidation in that it allows you to submit a plan to the court on how you will pay off your debts over a set period of months/years. If the court approves the plan, they will order the creditors to halt personal contact with the debtor. The debtor will then make a set monthly payment, which will be then divided up among the creditors in a fashion that is agreed upon by all parties.

When Does it Make Sense to File a Chapter 13 Bankruptcy?

A Chapter 13 bankruptcy may be a good solution if you are behind and unable to make all the monthly payments on your various debts, but still have a steady monthly income. The effect of a Chapter 13 is to lower your interest and/or monthly payment obligation to a level that is deemed affordable, so you can eventually pay back your debts, just over a longer period of time than is called for under the current payment schedule.

If I file bankruptcy, will I be able to keep my house?

In most cases the answer is yes. As long as the equity in the home is exempted (which is usually just a matter of the bankruptcy lawyer petitioning the court for the exemption and the court approving it) you should be allowed to keep your home. In cases of a Chapter 13 filing, there should be no problem keeping your home as there are no actual debts being discharged during Chapter 13, and you will usually be making the same monthly mortgage payments as you were previous to the filing.

How does bankruptcy affect my credit?

Bankruptcy will stay on your credit report for 10 years. However, if you are in a position where it makes sense for you to file bankruptcy, your credit is likely already severely damaged. By filing bankruptcy, you are able to discharge most, if not all of your unpaid bills, meaning these debts will eventually disappear from your report altogether, leaving just the bankruptcy and any new credit obtained thereafter. If you are able to avoid getting behind on bills after the old unpaid debts are discharged through bankruptcy, it is possible that your credit will become stronger after the proceeding is over.

Can I file bankruptcy without affecting my spouse's credit?

It depends. If you have debts with both spouses' names on it and want them discharged through bankruptcy, then either both spouses need to file, or the spouse not filing bankruptcy will usually be held liable for the debt. If all the debts being discharged are in the name of the spouse filing the bankruptcy, then it should not affect the other spouse's credit.

There is one thing to keep in mind when it comes to joint debts and bankruptcy; if one spouse files and both spouses later apply for joint credit, the credit approval decision will normally be based upon the spouse with the lower credit score.

What is the cost of a typical bankruptcy attorney?

This depends on the type of filing and the region of the country you are in. A Chapter 13 is more involved because the bankruptcy attorney will be representing you for up to 5 years. On the other hand, a Chapter 7 should be over and done within a year at the most. For this reason, a Chapter 13 will almost always cost more than a Chapter 7.

For a Chapter 7 bankruptcy, lawyers charge generally between $750 and $2500, depending upon region and complexity of the case. For a Chapter 13, the bankruptcy lawyer may charge somewhere between $2000 and $4000, again depending on region and complexity. In most cases, the bankruptcy lawyer will not charge the entire fee all at once, and will allow you to set up a monthly payment plan.

For more than 10 years, Lombardo Law Office has assisted thousands in the greater Milwaukee area by helping solve their debt problems. Get in touch with a Milwaukee bankruptcy attorney at our firm today for a FREE, private consultation at 414-543-3328.

View the original article here

Things You Need To Know Before Making A Head Injury Claim

Accidents happen at any time or any place. Oftentimes, head injuries occur whilst playing a physical contact sport, at work or a road traffic accident. Unfortunately, these head injuries may have serious and possibly fatal repercussions, and they can affect not only the injured but the patient's family as well.

The head is arguably the most crucial part of the human body since it protects the brain. Any damage to the brain can lead to severe psychological and physical damage in both the long run and for the short-term. Additionally, the expenses that patients and their families incur for treatment of head injuries, surgeries or medications can be quite high.

In order to help pay for lost wages or rehabilitation, many people seek financial compensation by filing a head injury claim. The amount that the patient receives may be used for any and all treatment expenses.

If a patient suffers a head injury due to another individual's negligence or carelessness, he is entitled to file a claim for compensation. It is vital to take these steps so that the patient is not forced to pay the mounting pile of hospital and doctor bills by himself. It is not the patient's fault that he was injured, so why should he have to pay? Similarly, even if the patient was partly responsible for causing the injury to himself, it is still worth obtaining legal advice because the patient may still receive partial compensation for the degree of which the other individual was at fault.

It is important that the patient make a claim as early as possible, or at least within three years of the injury, in order to receive the compensation he deserves. If the patient waits longer than three years, the claim may not be valid and the patient forfeits his right to obtain compensation. Moreover, it is much easier for the patient to file a claim in a timely manner because he has a better chance of obtaining evidence from witnesses while the scene is still fresh in their minds.

If the patient does not remember what happened, he should seek the advice of a solicitor who will be able to interview witnesses, perform an investigation, undertake site inspections and obtain expert reports to find out exactly how the injury occurred. The amount of time it will take to settle the claim depends largely on the patient and how he is recovering; sometimes, it may take as long as two or three years before a patient's condition stabilises.

It is always in a patient's best interest to seek the advice of a professional solicitor who has extensive experience in personal injury cases. These individuals can help guide the patient and his family through the legal procedure to ensure that he receives the money to which he is entitled.

For more information on head injury claim

View the original article here

Medicare and Medicaid Fraud Reporting: 5 Things You Need To Know

Medicaid fraud reporting can result in your reward. Following are several things to keep an eye out for.

1. Medicaid and Medicare fraud happen on a very broad scale. Medicare is a health insurance program that is funded by the government and which provides 46 million disabled and elderly Americans with health care. Each year the government pays out Medicare benefits of almost half a trillion dollars. Unfortunately, numerous unethical individuals have found a variety of ways to steal these public monies and as a result of this the government now pays out approximately $60 billion annually in fraudulent Medicare claims.

2. There is a vast number of ways in which people commit Medicaid and Medicare fraud. Some examples of these fraudulent activities include charging for supplies and services that have not been rendered, unnecessary billing for services, making generic drug substitutions, double billing, kickbacks and a host of additional billings that are unauthorized.

3. You can take part in the fight against these crimes by assisting in Medicare and Medicaid fraud reporting. It is vital for recipients of Medicaid and Medicare to review their invoices to determine whether or not these billings include supplies and services that have not be rendered. When receiving health care services, it is always best to write down the calendar dates of services and to retain copies of statements and receipts that health care providers issue you in order to make certain that billing errors are not present. You can make comparisons of these documents to the Medicare and Medicaid statements you have received. This ultimately ensures that neither Medicaid nor you have been billed for supplies and services that were not remitted.

4. Medicare and Medicaid fraud reporting could lead to you becoming the recipient of an award. The False Claims Act (Sections 3729 of 31 U.S.C) allows for incentives for "whistleblowing" in order to encourage Medicaid fraud reporting from private recipients. This Act additionally enables people who know of current or past incidents of Medicaid fraud to take legal action on behalf of the state government in order to recover damages and civil penalties. These "whistleblower" incentives allow for the award of up to 30% of the proceeds that are recovered.

5. Medicare and Medicaid fraud reporting is the specialty of PHMY attorneys, as are whistleblower lawsuits. Our attorneys can successfully manage your whistleblower lawsuit from its beginning to its end. We are aware of how and where to file such claims and have a vast number of federal contacts for the effective prosecution of your case. Fighting fraudulent Medicaid claims is what we do and we are ready to invest the resources and time that is necessary for winning your whistleblower case.

Prichard Hawkins McFarland & Young is located in San Antonio, Texas. The attorneys of this firm are committed to representing companies and private citizens, throughout the United States, who want to assist the government (and the rest of us) in combating fraud. PHMY has a wide range of experience and expertise intax fraud, healthcare fraud,Qui Tam litigation, and much more!

View the original article here