Thursday, February 9, 2017

Are Assets Safe In A Car Accident Lawsuit?

Are Assets Safe In A Car Accident Lawsuit?

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In the past, people regarded a car accident as a blunder and something to progress from fast by fixing the damage. Today, this is not the case because other individuals might regard a person’s bad luck as their advantage. This is mostly accurate if the person has assets like money or property. If an individual is involved in a car accident, his or her assets are positively endangered.

are assets safe car accident Are Assets Safe In A Car Accident Lawsuit?

In the Wrong

Just because a person has a car accident does not imply that he or she will lose assets to others who were involved. The individual must be liable, or the accident must have been his or her fault. The police officer at the accident scene does not specify who is in the wrong. Liability is decided in a court, eventually, or by the insurance companies involved with the drivers if they arrive at an agreement. From time to time, liability is obvious. However, laws do not decide it since it is a civil matter. If a person is sued, he or she must defend him or herself, or the court will suppose that the individual is in the wrong. As a result, the court could issue a decision to the other party.

Exempt Assets

A few assets that a person might possess cannot be obtained in a lawsuit. Most frequently, retirement assets kept in an employer-sponsored retirement plan might not be obtained to fulfill a lawsuit. An employer-sponsored plan contains a 401k or 403b plan. These plans are provided protection from lawsuits under federal law. A few states might also permit identical protections to assets kept in an Individual Retirement Account (IRA). If an individual’s salary or bank accounts is garnished because of a car accident lawsuit, his or her disability or any other federal benefit cannot be garnished.

Bankruptcy

If person owns assets, generally a home, and his or her state provides substantial homestead exemptions in a bankruptcy, he or she could dismiss his or her judgment by filing for bankruptcy. Every nonexempt asset will be obtained to pay a bankrupt individual’s bills. However, he or she could retain the exempt assets like huge quantities of home equity if appropriate, while the plaintiff in the car accident lawsuit must wait like everyone else. In addition, IRA accounts benefit from at most $1 million in bankruptcy protection. If an accident originates from drunk driving, or maybe other types of negligence, the decision is not fulfilled in the bankruptcy and must be paid.

Protection

A driver must safeguard his or her personal assets. About every state insists on drivers buying liability insurance at an extremely reduced level. Any driver should have automotive liability insurance of more than equal to the value of his or her net worth. It might be an excellent suggestion, conditional on the situation, for a driver to have more. If the individual cannot buy automotive liability coverage that is adequate for his or her needs, he or she can buy umbrella liability coverage for a greater amount. Equal to $1 million in umbrella coverage can normally be bought for between $200 to $300 a year.

Zane Schwarzlose is a writer at The Law Offices of WT Johnson, a personal injury law firm in Dallas, Texas. Zane hopes he’s never sued in a personal injury claim.



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Freaky Flying Tire Accidents – Victims Legal Guide

Freaky Flying Tire Accidents – Victims Legal Guide

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car tire in road Freaky Flying Tire Accidents   Victims Legal Guide

Most individuals aren’t used to seeing auto accidents on a daily basis, so when a person actually bears witness to one, it can be a sight to behold. One event that is more memorable for oglers, however, are random tires flying off of vehicles and bouncing without guidance down the road. While this sounds like an insane possibility, it actually happens more often than people think. These random incidences, though not often witnessed, can pose great danger so drivers and pedestrians should be alert to and understand these occurrences. 

Wheel Detachment

It’s not every day that people hear about wheels becoming detached from vehicles and shoot off on their own at dangerous speeds. This can partially be attributed to the fact that a person would have to be exceptionally unlucky to be in the exact wrong place at the exact wrong time for one of these wheels to cause them injury. Due to the fact that people aren’t injured in all of these accidents, it’s rare to hear of them on the news.

This doesn’t mean, however, that people don’t get hurt. Within the past few years, there have been incidents involving flying tires killing individuals as far south as Atlanta and injuring Cubs fans in Chicago. Just enter search terms “flying tire” on Youtube(dot)com and a slew of related videos appear which are a testament to individual tires rolling, bouncing and making human contact seemingly from out of nowhere.

Sadly, when these accidents do occur, they tend to be very injurious or even fatal. In cities with heavy auto traffic such as Chicago, most drivers know what to do after a fender bender–call the police to make a report, get medical attention and file insurance claims. For a random flying tire injury, to ensure you understand all of your entitlements, it would be of benefit to also contact a car accident lawyer in Chicago, or whatever city it occurred in.

Causes of Wheel Detachments

Drivers and pedestrians already face increased risks in some areas. The aforementioned story out of Chicago, for instance, which involved a pedestrian, occurred in a city where 78 percent of pedestrians injured by drivers are actually in the crosswalk when hit. Sadly, even bad drivers may not present the same dangers as wheel detachments.

Accidents involving flying wheels are often labeled as “freak,” but in reality, they’re often completely avoidable. Human error, such as over torquing wheel nuts, can damage the hardware used to hold the tires on a vehicle. In addition, simple wear and tear combined with other dangerous factors, such as poor road conditions or faulty brakes, can also lead to tires disconnecting from a vehicle.

Critical Steps to Take After an Incident  

If a person is ever injured due to a flying automobile or truck wheel, it’s essential to understand the next actions. Of course seek out medical help immediately. This will often be a common sense move due to the intense injuries that are likely to occur, but even a person who doesn’t feel serious pain afterward should still visit a doctor just to ensure their body didn’t suffer internal damage from blunt force trauma.

It’s also important to contact police as soon as possible so they can make a report and get witness statements. This will help later on during an insurance claim.

It should be noted that, even though the driver’s negligence may not have led to the wheel detachment, it is likely their insurer who will be responsible for medical bills, vehicle damages and other compensation. Of course, liability could also fall upon auto manufacturers or repair companies exclusively, so here again is another legitimate reason to seek out a car accident lawyer in Chicago or in your local area who will conduct the research to determine all parties that should be held accountable. 

After watching a youtube video of a flying truck tire barreling through a gas station pumping area, Teresa Stewart was inspired to write this information for the well-being of drivers and pedestrians.

Photo Credit: Flickr Creative Commons

 



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Permanent Brain Injuries From Accident? What Next?

Permanent Brain Injuries From Accident? What Next?

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anguish Permanent Brain Injuries From Accident? What Next?

Being involved in a car accident can be devastating, even if the physical injuries are considered minor. Being involved in a car accident that leaves the driver or passengers with permanent brain damage or compromised mental abilities is life-changing. These victims face many difficulties that others do not have to endure.

When a legal case is opened for physical and mental damages, there are many things that must also be considered to make these victims “whole” again. While their cognitive skills cannot be restored, it is crucial that the victims are cared for properly for the remainder of their life.

According to one South Carolina attorney, victims in that state don’t often get what is due to them; they often have to go to court and fight. Residents there who face this type of dilemma concerning an injured loved one may have to take additional legal steps to ensure the safety and well-being of the injured party. Even if you have submitted a claim to an insurer, it would be best to contact local counsel like a Charleston personal injury attorney to ensure you receive all your entitled rights.

Three Legal Steps That Must Be Taken

1. Work With Your Personal Injury Attorney. You will need to work closely with your lawyer to make sure that the offending party acknowledges the seriousness of this problem and offers compensation accordingly. You need to make sure that it is clearly established that your loved one will require long-term care for their injuries.

2. Establish Guardianship and Power of Attorney. You will need to go before the Court and have guardianship rights and Power of Attorney established so that you can manage your loved ones finances and medical issues. Without these legal documents, you could face having the State make medical decisions about your loved one.

3. File For Social Security Disability Benefits Right Away. The settlement that you will receive will be necessary to pay for the continued care of you loved one. You will also need to make sure that they have a monthly income so that their daily expenses are met. At this time, you may also need to apply for other forms of assistance if their income level is too low for sustained living.

Other Issues That You May Need To Address

As the responsible party, you will also have to take into consideration that you will have to manage where your loved one lives and to what extent they will need care. If they are to remain in their home, they may need daily care for simple personal chores and house repairs, or their condition may require them to live in a care facility. Contingent on the cognitive abilities of the victim, also discuss options with them so they can participate in the decisions.

This is something that also must be discussed with your attorney prior to the acceptance of any type of settlement. Care management can become expensive over time, and you will need to make sure that the responsible party allots enough in their offer for their continued care.

In the end, the most that you can do is fight for the rights of your loved one to receive proper care for the rest of their life. You will have to take every precaution necessary to make sure that the insurance provider offers a fair and honest settlement, and you will need to make sure that all legal paperwork is in place for you to make decisions on their behalf. 

Teresa Stewart understands the tragedy of healing the body but not the mind that sometimes happens after serious vehicle auto accidents. Search the internet for the term Charleston personal injury attorney to get legal information about your rights in South Carolina.

Photo Credit: http://www.flickr.com/photos/home_of_chaos/2260179757/

 

 

 



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Recovering From an Accident? 5 Tips To Recovery

Recovering From an Accident? 5 Tips To Recovery

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AOE CAR CRASH Recovering From an Accident? 5 Tips To Recovery

Recovering From an Accident? 5 Tips To Recovery

When you have been in an accident, you quickly come to realize that the accident is far more than a one-day event. It is a circumstance that will likely affect your present life and immediate future, if not longer. While you may simply want to get back to your normal life as quickly as possible, in reality this desire may take time and patience to achieve. Rather than resign yourself to a post-accident recovery full of uncertainty and chance, however, you can take charge of your life in the days, weeks, and months following your accident. By following these strategies, you can recover from your accident and achieve the normal and productive life you desire.

1. Give Time to Recovery

Today’s society does not give much credence to the ideas of slowing down and taking it easy, even if people are sick or injured. However, while you may desperately want to get back to work or school, you must give yourself time to recover fully from your accident. Bruises, cuts, scrapes, and broken bones all take time to heal. If you rush back to your normal routine, you could jeopardize your health and productivity in the future.

2. Rely on an Attorney

Auto accident attorneys are always at the ready to help accident victims like you recover from such devastating circumstances. Even if you cannot think of any reason why you would need one, it is always in your best interest to consult with a lawyer anyway. They can point out plenty of things they can take care of while you recuperate.

One Columbia auto accident attorney firm states “Added stress of impending medical bills and car repairs makes the road to recovery seem impossible.” Your attorney can act as a liaison between you and your insurance company, the insurance companies of any other people involved in the wreck, and even your employer. They can also help you take control of your post-accident money worries, like lost income or medical bills, and help you find the best solutions for them.

3. Accept Help from Loved Ones

You might cling to your independence by turning down offers of help from loved ones. However, your body and mental fatigue after the accident may demand that you give in to offers of help. When you allow others to help you with laundry, cooking meals, cleaning up your house, or other simple tasks, you can focus on recovering and let the more mundane tasks of your daily life fall to people who are, for now, more capable of handling them.

4. Acknowledge the Trauma

During the first few days or weeks after the accident, your mind may go into protective mode to shelter you from the horrors of the accident. However, as time progresses, that mental shield may lower, leaving you to face the fright and frustration that the accident truly held. You may suffer a mental breakdown from the pent-up emotions that you held inside you for so long. You can recover by acknowledging the trauma of the wreck and talking to a counselor or doctor about your feelings.

5. Do Not Be Afraid to Laugh

After the accident, you may feel guilty about finding pleasure in your hobbies and enjoyments. However, being able to enjoy yourself in the immediate aftermath of an accident can be a healing measure that lets you objectify the accident and move on with your life. Laughing and having fun can be therapeutic.

After you have been in an accident, you may wonder what you can do to take control of your recovery. Following these ideas can let you recover and move on with your life. Retaining a legal representative can assist with this process.

Lisa Coleman shares some helpful tips on how to recover after an auto wreck; financially, emotionally and physically. She recently read online how a Columbia auto accident attorney in South Carolina could help legally during the claims process.

Photo Credit: http://www.flickr.com/photos/atbartlett/324435455/

 



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