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What happens in a hit and run car accident

A hit-and-run accident is one of the worst things that anyone can experience. You may be left dealing with the cost of repairing your car and the cost of medical bills if you were hurt in the accident. Therefore, it is important to know what options are available to help with the financial and emotional toll of such an incident.

Always Call the Police After an Accident

Whether your car was hit in the parking lot while you were in the store or hit on the freeway while you were driving, make sure that the police are called. Even if the other driver leaves the scene, the authorities can record the incident and take steps to help find the driver. In some cases, the other driver may return to the scene of the accident, and insurance and other information can be exchanged.

If the driver does not return to the scene, any information that can be provided by the driver or witnesses to the crash may help catch whoever caused the accident. For instance, it may be possible to gain access to any surveillance cameras nearby. Others who witnessed the accident may remember the make and model of the car or some of the letters or numbers on its license plate. This may be enough to find the car and driver involved in the hit-and-run.

See a Doctor Immediately

If you were in your vehicle at the time of the crash, be sure to see a doctor as soon as possible. Whether you do this before or after you contact your insurance company depends on how badly you may have been hurt. Going to a doctor may help to diagnose any injuries that you have suffered that you may not feel the symptoms of yet. For instance, many people don’t know that they have suffered neck, back or joint pain until several hours after the accident has occurred. Seeing a medical professional may also help from a liability standpoint if you were in fact injured in a crash but symptoms didn’t present until much later.

Report the Incident to Your Insurance Company

In a no-fault state, your insurance company may be responsible for dealing with any damage to your car or helping to pay for any medical bills incurred after the crash. Instead of trying to find the driver, the only matter that needs to be settled is which portion of your insurance policy will be used to pay for any claim made against it. In the event that you live in a fault state, it may be possible for the insurance company to work with the authorities to track down whoever caused the accident.

It’s Worth Your While to Hire an Attorney

It is still worthwhile to hire an attorney after an accident that caused serious damage to your car or significant injury to yourself or anyone in your vehicle when the crash occurred. Your attorney may also be able to work with authorities or publicize the case through traditional or social media outlets. This may help find whoever caused the crash and hold him or her responsible. Those living in no-fault states may wish to retain an attorney as insurance companies typically want to settle cases as soon as possible. Often, these settlements are not in the best interest of the driver.

It may feel as if you will never get justice after someone flees the scene of a crash that are involved in. However, there is a good chance that whoever caused the accident will be held accountable. In the event that the driver isn’t found, your insurance policy may have contingencies that help you pay for some or all of the damage if the accident wasn’t your fault.

 

About The Author

This blog post was written by Ed El Dabe, the founding partner at El Dabe Law Firm – a premier Los Angeles Personal Injury Law Firm that has for years, helped victims in Los Angeles and Orange County, get the compensation they deserve.

Is there a minimum personal injury settlement amount?

There is no minimum dollar amount you can expect to receive for a personal injury settlement. Each case is as unique as the individual claimant and set of circumstances for which you are seeking recompense. The type and degree of injury suffered carries much of the weight when it comes to settling on a dollar amount.

In addition to considering your current pain and suffering, long-term effects, if any, of the injury must be considered. For example, if your ability to earn a living has been compromised or reduced, this must be taken into consideration as well. Even when this isn’t the case, you may be compensated for any lost wages attributed to the injury.

The amount of your medical bills is another area that weighs heavily on how much a personal injury settlement will be worth. One of the frustrating issues many victims must deal with is waiting to settle until after medical services have been provided. For example, if you need physical therapy for several weeks or months, you may need to complete your course of treatment before settlement talks can take place.

That being said, if you have long-term medical needs due to the injury you sustained, the amount of these provisions will be taken into account during the negotiation process. While you will want to retain a personal injury attorney as soon as possible after injury has occurred, understand that several processes must be completed before the actual settlement takes place.

Who is at fault for the injury you sustained also has a bearing in how much you can hope to recover in a personal injury settlement. If the injury occurred as the result of an accident through no fault of your own, you can expect the other party to be deemed 100% financially responsible. However, if you are even partially at fault, the amount of your compensation could be reduced.

Suppose you were judged by either the court or the insurance company to be 20% responsible for the accident that caused your injury. Perhaps you were distracted or didn’t notice a sign warning of impending danger. Once your claim is settled, it would be reduced by your portion of responsibility, in this case, 20%. However, the percentage of responsibility is another area in which you can negotiate during settlement talks.

Not all cases are settled for one or more of several reasons. Settlement talks may break down, or the injured party could reject the settlement offer and opt to proceed to court instead. This is another area where the expertise of a personal injury attorney is essential as they have the experience to know how much a typical case is worth.

One of the biggest favors you can do yourself during this process is to keep meticulous records and provide your attorney with them and all updates to your condition. If you have expenses now because of your injury that you didn’t have before, this needs to be brought to your attorney’s attention. For example, if you have to pay someone to clean your home or to cook for you as a direct result of the injury, these expenses could be compensable damages.

Knowing what your case is worth is helpful before accepting a settlement offer. While you may have a figure in your head that you would like to get, your attorney has the experience to make a reasonable estimate as to how much you can expect to receive. Therefore, it is crucial to retain a personal injury attorney who has experience settling the kinds of cases for which you have sustained injury.

 

About The Author

This blog post was written by Edmund El Dabe. Edmund is a personal injury lawyer based out of Los Angeles. His law firm has two offices, one in Orange County, and one in Los Angeles. Edmund has recovered over $30 million dollars for victims, and specializes in car accident + slip and fall claims. To learn more about Edmund, visit: http://www.injuredonline.com/

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Is A Personal Injury Settlement Taxed?

When a personal injury case settles out of court, the plaintiff is usually relieved to get on with his life with compensation for his injuries. Civil litigation may take months or even years to get to the point of settlement. After paying medical liens and legal fees, the plaintiff has a lump sum settlement or a structured settlement that will pay out over time and one big question: Do I have to pay taxes on what I have left?

As with many aspects of American law, the answer is sometimes yes, sometimes no. It all depends on what the settlement money is compensating.

What part of the settlement won’t be taxed?

United States Federal law bars any settlement proceeds that are compensation for a physical injury or illness from being included in a person’s taxable income. Because state income taxes are generally based on the Federal taxable income amount, plaintiffs will not pay state taxes on a personal injury settlement, either. Ongoing medical costs, past and future lost wages, and compensation for mental anguish can all be included in the untaxed portion of a settlement, so long as they are the result of a physical condition.

What part of the settlement will be taxed?

If the settlement is compensation for the effects of a mental condition that is not related to a physical injury, it will be taxed. For example, a plaintiff who is compensated for Posttraumatic Stress Disorder that was triggered by an industrial accident in which she was burned will not pay taxes on her settlement; a plaintiff who is compensated for Posttraumatic Stress Disorder that was triggered by ongoing sexual harassment without a physical injury will pay taxes.

If the settlement is compensation for an injury from breach of contract instead of tort, like negligence, it will be taxed. This is particularly important in cases of employees seeking compensation for injuries sustained after the action of their employer.

In litigation like large pharmaceutical liability cases, the time between filing and final verdict or settlement may be many years. In those cases, it is common for the interest that has accrued or would have accrued on the settlement proceeds to be awarded to the plaintiff. While the compensation amount would not be taxable, the interest would be, even though it arises from a physical injury or illness.

Though it is normally only awarded in cases that do not settle but are instead decided by jury verdict, punitive damages, even as part of a settlement, will be taxed. Punitive damages are not compensation for something the plaintiff lost but rather a punishment for the actions of the defendant.

After receiving settlement proceeds, any taxable income the plaintiff receives from investing the settlement funds will be taxed, though as capital gains, not income. This generally does not apply to structured settlements, where the rate of interest that will be gained over the time that payments are being made is factored into the initial settlement amount.

All of the still-existing proceeds from personal injury settlements are included in a deceased person’s estate for purposes of the Federal estate tax and may be taxed not as income but under succession tax laws. This is only a concern for people who have more than $5 million worth of property at death, though a sizable wrongful death or medical malpractice settlement could cause an estate to easily cross that threshold.

The general rule for whether a personal injury settlement is taxed is that it will not be, so long as the amount is compensation for a plaintiff’s physical injury or illness or from something that comes directly from a physical injury or illness.

About The Author

This blog post was written by Steven Sitkoff, a premier Los Angeles Personal Injury Attorney, with over 30 years of experience handling legal matters. Steve is a supporter of the SchoolMatters marketing platform. SchoolMatters is a marketing platform that markets law firms, in exchange for their sizable donation to charities that support the USA public education system. To learn more Steve’s law firm (Victim’s Law Firm) visit VictimsLawFirm

Can Urine Testing Determine Blood Alcohol Levels?

Urine testing is one of the three standard methods for checking whether a person is intoxicated when pulled over for suspected driving under the influence (DUI). The other two tests are breath tests and blood tests. Urine tests are most commonly used after a person has been detained due to a possible DUI since there is no field test available. Urine testing can show some information about blood alcohol levels. It is not very accurate, however. You should know a few things about urine testing for blood alcohol content.

How Urine Testing Works

One popular form of urine testing uses a machine to look for traces of a substance called ethyl glucuronide, or EtG. This substance is created as the body starts to break down and digest alcohol. The test measures how much EtG is in the urine. This level is then correlated to a blood alcohol level. The problem is that EtG can appear in urine for a number of reasons. It can appear because of certain foods, cosmetics or even working around industrial chemicals. Additionally, it can stay in the urine for a long time. This means that EtG testing is not really a reliable way to determine whether a person is currently intoxicated.

Inaccurate Numbers

The main problem with using urine testing to measure blood alcohol levels is that the numbers are frequently inaccurate. One issue is that the readings from a urine test need to be modified by a set factor in order to reach an equivalent blood alcohol level. This factor is known to be different depending on the individual. It can sometimes create readings that are too low or that are too high. Determining blood alcohol through urine testing is commonly accepted as being unreliable even by law enforcement officers.

Time Discrepancies

One of the largest problems with urine testing to determine blood alcohol levels is that there could be serious time discrepancies because of basic biology. A urine test cannot tell whether a person is currently intoxicated. It cannot even provide any information about when a person was last drinking. All it can show is that there are certain compounds in the urine that are related to alcohol. These compounds could have been formed 24 hours before the test. The substance EtG can stay in the body for over three days. Additionally, it can take a few hours after drinking for any alcohol to reach the urine.

Tests Can Be Ruled Inadmissible In Courts

The reality is that urine testing for blood alcohol content can be ruled inadmissible by different courts. This is why it benefits drivers to choose a urine test over other methods if there is an option available. This lack of reliability has caused many people in law enforcement to stop administering urine tests when a DUI is suspected. This is especially true considering that the urine test is prone to the same types of lab errors, contamination and other problems that can affect blood tests. If you have been given a urine test, then there is a good chance that a DUI lawyer will be able to question the results in court.

About the author

This informative criminal defense blog post was written by Todd Spodek, the founder of The Spodek Law Group, a premier NYC criminal defense law firm. You can visit his website at http://www.criminallawyernyc.com

 

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CAN I BE DEPORTED FOR MEDICAID FRAUD?

s someone who is concerned about your own health or the health of your children or other family members, you might have done what you could to get Medicaid for you and your loved ones. It can sometimes be difficult to qualify for Medicaid, and it can be impossible if you are an illegal immigrant. However, it is understandable that you might want to do what you can to ensure that you and your family members have coverage.If you have been approached by a Medicaid fraud inspector, however, you might be concerned about two things: getting in trouble for Medicaid fraud, and possibly being deported. Since these are two things that you probably want to avoid at all costs, it’s a good idea to learn as much as you can about Medicaid fraud and its potential effects on you and your family. Luckily, doing your research and hiring a good attorney can help you through this troubling and stressful situation.

WHAT IS MEDICAID FRAUD?

Medicaid fraud basically involves committing any type of fraud while applying for or using Medicaid. This even includes small, seemingly harmless fibs or mistruths.

For example, if you told any fibs to qualify for Medicaid, such as using someone else’s social security number, lying about your income or fibbing about your immigration status, then you could be found guilty of Medicaid fraud. There are a lot of different types and degrees of Medicaid fraud, and all of them can be taken very seriously by the government.

CAN YOU FACE DEPORTATION FOR MEDICAID FRAUD?

If you are not a United States citizen, you might be worried about being deported back to your home country for committing or being accused of Medicaid fraud. Honestly, this is something that you should be concerned about. Medicaid fraud is considered to be a felony, and any type of aggravated crime or felony can put you at risk of being deported. Therefore, it’s important for you to do everything that you can to try to fight this accusation if you want to stay in the country.

MITIGATING FACTORS TO HELP PREVENT YOUR DEPORTATION

Luckily, there are some mitigating factors that can help you prevent deportation, even if you are guilty of Medicaid fraud. These are a few mitigating factors that you can fight for to help stay in the country:

  • You have lived in the United States of America for more than five years and have never been in trouble with the law.
  • You plead guilty in exchange for a lesser charge that is not a felony or aggravated crime, such as if a lawyer helps you get a plea deal.
  • You plead guilty to committing fraud for less than a certain amount.
  • You do not have to serve any jail time due to your guilty plea or your conviction, or you serve a short sentence, such as one that lasts for one year or less.

WHAT YOU CAN DO TO PREVENT DEPORTATION AFTER MEDICAID FRAUD

If you are afraid that you might be at risk of being deported due to Medicaid fraud or an accusation of fraud, then you could be wondering what you can do. Luckily, there are things that you can do to help keep yourself safe from these consequences. These are a few things that you should start focusing on now:

  • Gathering Helpful Documentation – If you have any documentation that shows that you did not commit Medicaid fraud, or if you have documentation that some of the above-mentioned mitigating factors might apply to you, then you should gather up all of this evidence.
  • Hire an Attorney – You should never try to deal with something like this on your own. To help protect yourself from too much legal trouble and from deportation, it is best to hire a trustworthy lawyer who has experience in these matters. Then, you will have someone who can help you file the appropriate paperwork and who can defend you in court. This can help you ensure that you can stay in the country without any major legal repercussions.
  • Stay Out of Trouble – Getting in legal trouble can put you at a much greater risk of deportation. Therefore, it is important to stay out of trouble. It’s best to avoid getting even a minor traffic ticket or other simple citation until the situation has been handled.
  • Save Up Some Money – You will need money to hire a lawyer and handle any legal fees. Therefore, it’s best to start saving now so that you will have this money when you need it.

Dealing with an accusation of Medicaid fraud can be terrifying, especially if you are worried that there is a chance that you could be deported because of it. You shouldn’t panic, however; instead, you should focus on getting the help that you need to hopefully stay in the country.

About The Author
This blog post was written by Joseph Potashnik, who is a New York medicaid fraud lawyer. You can visit his website at: http://www.medicaidfraudlawyer.com/ 
caraccident

The FAQ Of Car Accidents

Reckless driving, speeding and drunk driving are some of the causes of road accidents in Riverside and the county at large. You might find yourself a victim of an accident, which pays to know what to do next. The outcomes include injuries, damage to your car and property, loss of valuables or death. When this happens, the negligent person needs to be held responsible for the accident.

Compensation

Compensation means the payment you receive for any loss or injuries you sustain during the accident. This is meant to cover your medical expenses, the pain you go through, damage and the suffering you experience during the accident and after the accident.

Negligence 

For you to be compensated you have to prove that the other party was negligent. Negligence refers to the other party’s failure to act responsibly or reasonably while on the road.

To prove that the other party was negligent, you have to prove this beyond reasonable doubt in front of the court and the jury. You can do this by using various factors such as:

• The police report drafted at the scene of the accident.

• Testimony given by expert witnesses.

• Testimony given by eyewitnesses.

• Photos and sketches of the vehicles involved and the crash scene.

What if more than one party has been negligent? This means that all the parties have to be held liable and each person has to be regarded negligent to a certain extent, this is called comparative negligence.

Will the Insurance Company pay fully?

You need to keep in mind that as much as you have been the victim in an accident, the insurance company is not ready to pay the full amount of damage or injuries. They will instead prefer going to court to prove the innocence of their client. This is why you need the help of Riverside car accident lawyers to make sure you are treated fairly and get the compensation you deserve.

When should you call us?

Once an accident occurs, numerous legal issues crop up. This is the right time you need us because at this point you need a professional who can determine your rights as a victim and evaluate the situation you are in and forge the way forward.

Therefore, you need to seek our services as early as possible to avoid any costly mistake.

You need to know that the deadline for filing personal injury claims varies from one state to another; this is why it is vital that you contact us immediately the accident happens because we know the right time you are supposed to file for compensation.

You also need to know that you have to pay for medical bills and cover for any lost job opportunity. This goes ahead to emphasize the fact that the sooner you call us, the better. 

So, should you call us in a day, a week, or a month? Well, you need to contact us within a week or two of the accident. However, make sure you contact us before you reach any agreement with insurance company.

Why do you need our Professional help?

We Justify the Validity of your Claim

You need us to know whether your claim is valid in a legal context or not. You might decide to go ahead and file a claim by your own without our advice, but be warned because you might end up spending lots of time and energy fighting a case which has no legality nor a future. For your information, your chances of being compensated are 80 percent or more if you decide to work with us.

We Understand the Law better than Anyone else

The law is a tough nut to crack especially if you are a non-professional. The proceedings are complex and tough to handle. As the case proceeds, it becomes tougher and tougher. At Farar & Lewis LLP law firm we understand what is required to file a claim and take motions during the proceedings. Additionally we make sure all paperwork is complete and correct.

You might manage to bring your case to court, but you might not have experience to speak before the judge and present your case. We are a team of professionals who have spent countless hours in court. This has taught us the intricacies of working with judges to attain the best results. When you are not able to present your case before the court, we shall be available to do it on your behalf.

At times, you or the negligent party might decide to resolve the case without going to court. This is a common way of solving cases involving car accidents in Riverside because it allows you to save time and money.

However, even when you decide to settle the case outside court, you need to be wary of the insurance company because they can easily take advantage of you. You might end up with less than what you deserve. Having an expert next to you prevents this from happening.

We have handled similar cases before and we know the questions you will be asked when you present your case and how you need to respond to them. This means you will not be caught unaware by the legal team that is representing the negligent party.

Evidence is very crucial when you want to justify your reasons for compensation. It is therefore important for you to organize your evidence properly. We shall assist you organize available evidence in the courtroom.

Dealing with the police during and after the accident can be intimidating. We know the law and we know how you are supposed to be treated in such a situation. Therefore, instead of giving up on your claims for compensations due to your fear of police, you can leave it to us to deal with them.

At times, you receive compensation for damages or injuries. However, the settlement offered by the negligent party might not be fair. In such a situation, it can be difficult to know how to negotiate for a better deal unless you work with professionals.

About the author

This blog post was written by Aaron Noels, a Los Angeles Car Accident Lawyer, and founding partner at Victims Law Firm, a Los Angeles personal injury law firm.

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