Choosing The Right DUI Attorney

Getting involved in a DUI (Driving under Influence) or DWI (Driving while intoxicated) case can create quite an unpleasant scenario for you. When you are involved in this messy case, the only person who will be able to get you out of this mess is an experienced DUI attorney. When you are charged in DUI case, you will be required to pay an exorbitant amount towards fine. You will also be asked to attend training programs, alcoholic anonymous awareness sessions, and mandatory treatments and more – all of which can cost you a bomb.

If the accident has resulted in any death/deaths, you could be jailed as well. Therefore, being charged with a DUI case can be quite frightening and upsetting at the same time. This is why it is very important to choose the right criminal defence lawyer. Here are some points that you have to bear in mind while choosing one:

1. Start off the initial discussion with experienced potential attorneys

Check for the potential DUI attorneys in your locality by checking with local references. Get in touch with your friends who have previously availed the services of a DUI attorney for good leads. You can also check in groups like your respective state’s Bar Association, Association of Criminal Defense Attorneys in your area and the like. Choose a group of potential attorneys from these and have personal discussions with them to understand if they have represented any DUI/DWI cases previously in the court, their approach to work, success rate, fees and their overall professionalism & experience.

2. Local expertise

Choose an attorney who has ample knowledge about the local laws and regulations. He should have the license to operate in your state. This way, your attorney will be available whenever the judge announces the date of hearing of your case. Also, if your DUI attorney is quite famous enjoys a good reputation in your locality it can work to your benefit and help you get a reduced fine or sentence.

3. Honesty and transparency

When you are involved in DUI or DWI cases, you must know that the chances of you coming out unscathed (emotionally and financially) out of it are almost impossible. Hence, choose an attorney who is quite honest about your case and who keeps you prepared about the huge financial losses that you would have to experience at the end of the case. Fatal accidents guarantee you a jail sentence, and your lawyer should be brutally honest with you about that as well. Stay away from lawyers who promise to get you out of the DUI case, without a scratch.

4. Payment terms

DUI lawyers do charge you a hefty sum, but this is because they try to minimise your punishment and sentence as much as they can. Therefore, choose a DUI attorney, who spells out his payment terms clearly right during the first discussion, the instalments in which he expects them and the mode of payment preferred. Get these terms in writing, so that you don’t have to deal with unpleasant surprises in the form of hidden charges, later on.

Nursing Malpractice Insurance – Myths That Damage a Nursing Career

Have you insured your home or car? Your answer will be of course. When people wish to protect these assets, many nurses fail to protect their precious asset, which is their career. In the present recession period, these professionals should take all sorts of steps to safeguard their precious career. But, why are nurses keeping away from purchasing a nursing malpractice insurance for them? It is because of the many myths they hear about such a coverage that discourages them from getting insurance for safeguarding their professional license. It is important that they should examine these myths, so that those working in the field of direct patient care will understand the importance of having this type of coverage. This will also help them in terms of representation in case a lawsuit is filed against them, even when the mistake is not on their part or otherwise.

This insurance will increase my risk of being sued: Some nurses keep themselves away from purchasing nursing malpractice insurance because they feel that this coverage will make them open as targets for lawsuits. But, this is not true. Unless you voluntarily inform potential claimants that you are covered, they will never come to know about your coverage. It will not be known to others unless and until a lawsuit is filed against you for one reason or another.

However, having such a coverage might keep a nurse in a lawsuit because attorneys keep a defendant in a case if the defendant has the coverage to pay for the potential judgement or settlement. In the past, not having an insurance, brought benefits to nurses because lawyers dropped them out of the lawsuit. It is due to the reasoning that nurses do not have finances to handle the case.

I am covered under by employer’s insurance: Even though, it is true that nursing staff are covered by the hospital for which they are working, it is recommended that they should have their own coverage. This is because the employer will not claim the insurance company if a lawsuit is filed against a nurse for services rendered outside hospital hours. Also, the money covered by the employers might not be enough as well. So, it is better that you should personally get a coverage.

I don’t need an insurance because I am good in my profession: It is true that you might be confident in you. But, we are humans and mistakes can happen anytime. Also, there are chances that you might be mistakenly sued by a patient for something for which you are not actually responsible.

Like for nurses, dental malpractice insurance is also important for dentists. Dental malpractice insurance will cover them against their professional mistakes.

Benefits of Using Car Insurance Calculator Services

A statistical assessment of the risks tied to a certain person is used as the basis for the premium amount. For individuals who pose a greater risk of becoming involved in a vehicular accident, the insurance company is more likely to spend money in response to a claim. Therefore, these policyholders typically pay a greater premium amount compared to those assessed to be at low risk.

Although two people may have the same type of car and salary grade, they may be paying a different premium for their auto insurance. The amount is determined using a car insurance estimator, which is an invaluable tool for the insurer.

Who is at greater risk?

The owner of an expensive and powerful vehicle pays a greater premium amount than the holder of a lesser model since the former is at increased risk for auto theft than the latter. Car owners who live in areas with higher crime rates are also ascertained to be at greater risk than those in quiet, residential neighborhoods. Meanwhile, new drivers are considered to be at increased risk compared to veteran drivers, and so those with years of driving experience tend to pay cheaper premiums.

Age is another determinant, and older drivers are considered to be at lower risk because they are less likely to be involved in a car accident. The argument is based on statistical data showing that older drivers who have clocked in more time behind the wheel are not as likely to be involved in road skirmishes as younger drivers are.

A car owner who wants to secure his vehicle with an insurance policy can make good use of various online resources available today in getting an estimate of the premium that they would have to pay.

What are the available online resources?

A car insurance estimate is based on current data, and it is a useful tool for car owners who want to find the best policy and one that they can afford. There are reliable websites offering car insurance calculator services online. These sites base their estimates and calculations on car insurance monitoring software that collect and analyze data. The wealth of information available from these sites can help people who are considering buying an auto insurance policy. For instance, current data on the average premiums paid by different groups can be accessed. Being given an idea of how much they need to pay for car insurance empowers a car owner in making a choice.

Finding the right coverage

Having the right kind of insurance is a security blanket for car owners. Comprehensive car insurance could definitely save people money. These days, there are smart policy options available so that a car owner can easily find a coverage that is tailor fit to his needs.

Insurance Totaled My Car – What This Means

“Your vehicle is a Total Loss.” These words, more often than not, spark immediate controversy between an insured and their insurance company. The main cause of controversy between an insurance company and an insured as it relates to total loss is that most people feel their vehicle is worth more than it really is.

A vehicle, though historically not a good investment, is very personal to us. Many of us spend a great deal of time in our vehicles each day and grow attached to our car. Many others ”trick out” their cars and inherently feel that their modifications enhance the value of the car.

I thought it might help some folks if they heard exactly how an insurance company views this and how they go about compensating you for your car should it be determined to be a totaled. There are typically two main things involved in understanding this process: What exactly is a Total Loss and how is the value of a car determined. In this article I am going to discuss and define a Total Loss from an insurance companies perspective.

So, what exactly does it mean when your insurance company deems your vehicle a total loss? In general, there are two types or measurements if you will when it comes to making this determination: Financial or Economic Total Loss and an Obvious Total Loss.

Financial or Economic Total Loss

A vehicle is often declared an Economic Total Loss when the cost of repairs exceeds the value of the vehicle, plus sales tax, less your deductible. I am sure you have heard that there is a percentage used to determine if a car is an Economic Total Loss. You have probably heard numbers from 50% to 70%, or more. This is true, however, it is important to know that not all states set an actual percentage and that for the states that do not set percentages, it is up to the insurance company to determine what that will be.

Although all insurance companies that are free to set this number themselves are all different, a common number you will hear is 70%. What exactly does that mean? I thought a quick illustration might help:

Market Value $15,000

Plus tax $ 1,050 (7% used as example)

Sub-total $16,050

Less Deductible $ 500

Total Loss Value $15,550

Cost of Repairs $11,662

Repairs are 75% of the value

In the example above, your insurance company would likely determine your vehicle to be an Economic Total Loss. One thing to remember is that if you are paid the value of your vehicle, the insurance company will retain the salvage or damaged vehicle and then sell it to a vendor. Most insurance companies have negotiated contracts with salvage buyers and will use that avenue to recoup some of the money paid out for the total loss. In the example above, your insurance provider would know that your car had a salvage value of $3,000 (example). So, when making their total loss decision, they would factor in this amount and subtract it from the total amount paid of $15,550, bringing their net cost to $12,550.

One other brief point to make that is worth noting is that your insurance carrier will also factor in estimated supplemental damages were your car to be repaired. From my experience as an adjuster and claims manager, there are often supplemental or additional damages/repairs identified once a car begins the repair process. These damages are often discovered on “tear down” or after parts of the vehicle are removed and additional damages are more visible. In many cases it is almost certain that there will be additional damages based on the visible damages, however, an adjuster will only write for what they can see and note that additional damages are likely.

Obvious Total Loss

An Obvious Total Loss or OTL is in which the damages to a vehicle are so extensive in terms of repair and/or putting the structural integrity of the vehicle at risk with a repair, that the car is determined to be an OTL. Some examples of an OTL are:

  • Fire Damage
  • Rollover
  • A theft
  • Extensive Water Damage
  • High impact front-end collision
  • T-Bone or hard hit to the side of a vehicle at the center-point

In most cases, a claims adjuster will not have the direct authority to determine a vehicle to be an OTL. The two insurance companies I worked for required a manager approval to make this call. With today’s technology, that can be done easily in the field by simply sending some detailed photos to a Claims Manager or Property Damage Manager. In this case, there isn’t a cost of repairs necessarily but the valuation process is the same.

Hopefully this helps you understand what is meant when you are told that your car is a total loss. Your insurance claims adjuster should explain all of this to you, however, having a basis understanding will certainly help should you find yourself in this situation.

Enjoy Debt Relief With Help From A Bankruptcy Attorney

Financial hardships can force you to declare bankruptcy as an easier way of working around them. However, it is a process that can be very complicated and you will need the assistance of a bankruptcy lawyer to file and do everything right. Generally there are commercial bankruptcy attorneys that help with filing for business and consumer bankruptcy attorneys who file for individuals. In a commercial setting, your business gets protection from creditors whereas in the consumer setting you or your spouse gets protection from creditors and dealing with clearing the debt or setting payment plans.

When to get an attorney

One of the best steps you can make when you are facing financial hardships is accepting that there is a problem and actually taking the right step in dealing with it. Inability to pay bills, bounced checks, lack of flow cash, constant creditor and debt collector calls, debt that keeps piling up and being unsure how to handle the situation are some of the signs that you need to get yourself or your business a bankruptcy attorney.

As a struggling business, your lawyer will be able to help you get time to restructure the business and reorganize debts or in worse situations close the business. On a personal level, the lawyer will get you a fresh financial start by sacrificing some of your assets or you can reorganize debts and negotiate payments plans with your creditors if you want to repay the debts.

What to expect from the attorney

1. A bankruptcy attorney will offer you competent legal advice. They will not only advise whether declaring bankruptcy is the best way to go, but also help you with filling in the right category and advice on the best ways to use bankruptcy to achieve the financial goals that you have. As part of the advice, your lawyer will also prepare you for the process, make it as easy as possible and even share risks or possible difficulties.

2. The attorney will have the ability to handle your bankruptcy. Familiarity with federal laws on bankruptcy, local court procedures and rules and even bankruptcy trustees within your area will make the process easy for your lawyer. To enjoy this you however must ensure that you choose a lawyer who has the necessary skills and experience to handle your type of case.

3. Handling of all bankruptcy paperwork. Lengthy form packets are inevitable in a bankruptcy case, but fortunately the filing is something your attorney will do for you. The attorneys have specialized software that makes it easy for them to prepare, file required paperwork with the courts. All you will need to do is provide your attorney with all information needed to fill the forms like assets, debts, income and expenses.

4. Representation at the hearings. Bankruptcy cases can have a number of hearings. Whereas you may be required to attend the meeting of creditors hearing, your attorney can represent you in any additional hearings. This representation saves you the anguish that comes with the cases.

Donating Cars To Charity – New Tax Rules

On June 3, 2005, the IRS released guidance on charitable deductions for donated vehicles. The American Jobs Creation Act (AJCA) radically changed the amount of the deduction taxpayers can claim for their donated car.

Fair Market Value v. Actual Sales Price

When donating a car to charity, a taxpayer traditionally was allowed to deduct the fair market value. The new law changes this valuation to the actual sales price of the vehicle when sold by the charity. The taxpayer is also required to get written and timely acknowledgment from the charity in order to claim the deduction

The AJCA does provide some limited exceptions under which a donor may claim a fair market value deduction. If the charity makes a significant intervening use of a vehicle–such as regular use to deliver meals on wheels– the donor may deduct the full fair market value. For example, driving a vehicle a total of 10,000 miles over a one-year period to deliver meals is a significant intervening use.

The AJCA also allows a donor to claim a fair market value deduction if the charity makes a material improvement to the vehicle. Under the guidance, a material improvement means major repairs that significantly increase the value of a vehicle, and not mere painting or cleaning.

Interestingly, the IRS has also added an exemption not included in the AJCA. On its own, the IRS has determined that taxpayers can claim a deduction for the fair market value of a donated vehicle if the charity gives or sells the vehicle at a significantly below-market price to a needy individual, as long as the transfer furthers the charitable purpose of helping a poor person in need of a means of transportation.

If you intend to assert one of these exemptions, how do you determine the fair market value? Generally, vehicle pricing guidelines and publications differentiate between trade-in, private-party, and dealer retail prices. The IRS consider the fair market value for vehicle donation purposes to be no higher than the private-party price.

The new provisions of the Americans Job Creation Act certainly make it less attractive to donate a car to charity. Using the exemptions, however, you can still create a sizeable deduction while helping others who are less fortunate.

Habitational Insurance for Commercial Vs Residential Property

Multiple residence property owners have the daunting task of monitoring and satisfying the needs of a number of tenants. This comes with a slew of specialized risk management concern as well. Ownership of residential properties such as apartments, condominiums, and student housing creates a series of unique risks. As such, some research may be in order to procure the appropriate insurance for the properties being managed. Because different types of properties have different types of exposures, ensuring adequate limits and proper coverage can be challenging.

In addition, there may also be a need to keep track of multiple projects and policy expiration dates, which can be extremely overwhelming. That’s why it’s important to have a specialist to aid in finding the right types and amounts of insurance.

The basic insurance needs for anyone owning Habitational properties is general liability coverage, in case of tenant injury or losses caused by: fire, wind, storms, theft, and malicious damage or vandalism by the dwelling’s tenants. Additionally, depending on the location, flood insurance is recommended. A well-crafted Habitational and commercial property insurance policy can protect in light of any or all of these risks.

Who should have property management insurance coverage?

Anyone involved in any of the following activities should speak to an expert who understands the unique insurance needs of property managers:

Renting or leasing real estate to others

Managing real estate for others

Selling, buying or renting real estate for others

Commercial properties carry some of the same risk factors as residential properties

If you are a real estate investor, but choose to focus on commercial properties rather than residential properties, you also need properly secured Habitational and commercial property insurance policy that is designed accordingly. Just like residential property, general liability and catastrophic event coverage should be purchased. However, when it comes to commercial property, you need to also look at carrying environmental and/or pollution coverage, commercial automobile coverage, or worker’s compensation coverage.

Whether the owner of only residential property, only commercial property, or some of each, working with a professional  Habitational and commercial property insurance provider to create policies that will cover all areas of risk is sound management. Such professionals can advise as to what coverage options are available, standard limits, and a variety of unique ways in which this coverage can best protect the properties based on its use and location.

The basic insurance needs for anyone owning Habitational properties is general liability coverage, in case of tenant injury or losses caused by: fire, wind, storms, theft, and malicious damage or vandalism by the dwelling’s tenants. Additionally, depending on the location, flood insurance is recommended. A well-crafted Habitational and commercial property insurance policy can protect in light of any or all of these risks.

A Blessing in Disguise – Car Donation Charities

Car donation has become extremely popular among people. They give away no longer wanted vehicles or junk cars that stand idle in their garage or backyard. Some people are of the opinion that this type of donation is merely a tax shelter. But this is not true as there are many non-profitable charities that mostly rely on the revenue from car donation. From time to time, these charitable organizations run donation programs. Some agencies have their own car lots that sell the donated cars and autos, while many get their donation processed through auction companies.

The money collected from the auction is distributed to the charity the donors indicate. It is always better to give than to receive. In case you donate your car to a charity, it will give a vehicle which might help them in the course of their work. A senior citizen center might use your car to take veterans, no longer able to drive to their doctors’ appointment or for a picnic. A charitable institution that uses a donated vehicle for hauling goods or transportation, benefits directly. Make sure the charity is eligible to receive tax deduction.

Only non-profitable organizations like church, mosque or synagogue and other car donation charities come under this category. Before donating, find a charity by cause like animal, education, children, health, seniors, human rights or environment. The vehicle donation processing centers administers specialized programs where people donate their vehicles including cars, trucks, boats and trailer to non-profit charity clients. They are a benefit to charity so donate your used car and benefit your charity as well.

With the help of charity car donation program, vehicle donation has become extremely simple and hassle free. Your donated car makes a big difference. In case you are giving away your car to a charity that help protect animals. The profit from your donation will directly benefit the organization which in turn will expose and stop cruelty to animals. Some charitable institutions build homes in partnership with families in your community. Indirectly you are helping your community provide shelter to the needy. The more people will donate their cars and autos, the more efficiently these charitable organizations will be able to carry on their social work. Can you imagine, with your little effort through car donation program, you can bring a smile on other people’s face and even give them some more years to see this beautiful world?

How to Choose the Right Workers’ Compensation Lawyer?

There are workers’ compensation laws that allow an employee to receive a certain amount of compensation or the injury received at work. All workers must be covered in a job when they have an accident since most employees are required by law to carry a worker’s compensation insurance policy. Some benefits a worker may receive include payment for medical expenses, total disability benefits, permanent and partial disability benefits, temporary and total disability benefits as well as death benefits.

Worker’s Compensation

A lawyer can handle your case with the experience and skill required to get the benefits you deserve. When you have been injured in the work place and is entitled to compensation, hire a lawyer who would understand the law and is will informed so they can protect your rights and ensures that you receive fair compensation.

When making your initial consultation with the workers’ compensation attorney, be sure to bring all the relevant information related to your case. The information your lawyer receives from you will allow them to evaluate your case. You can ask the lawyer to inform you about the next steps that will be taken for your case. A professional and reputable lawyer will keep you informed throughout the process. If you are unsure of the questions you should ask your lawyer during your consultation, here are some examples:

• How many years have you been handling Workers Compensation Claims?

• How much your practice devoted to Workers Compensation case?

• Can you represent me throughout the entire process, including administrative hearings and appeals as well as settlement?

• How does a claim proceed through the system?

• How is your fee paid?

• Will I be charged for any expenses?

• What are the strengths and weaknesses of my case?

• Who do I call if I have a question?

• Do you foresee any problem with my case?

It is very important to continue to follow your lawyer’s advice and cooperate with his instructions in order to have a successful outcome. You should also keep accounts of the progress of your case and keep the lines of communication open.

Worker’s compensation is insurance and these companies will protect their interests. They will look for reasons to give you the least possible benefits and in some cases none.

Tips for Choosing Best Workers’ Compensation Lawyer

Choose a worker’s compensation lawyer who has several years of experience in this area of the law. Ask for recommendations from family, friends and colleagues. This is crucial in choosing the right attorney.

Many and more workers’ compensation lawyers are advertising on the internet. You should check on website to see if it is emphasizes workers comp expertise and also if their practice concentrates in personal injury law. Does the website contain articles or other information about worker’s comp law? Do they offer free consultation? Although you should not base your choice of attorney entirely on a website, it can be a useful indicator of a lawyer’s level of knowledge, experience and professionalism.

Any worker’s compensation lawyer you choose should be willing to share the facts of the law and free consultation. They should treat you with respect and be able to address your concerns.

Your attorney should keep you up to date on any new events taking place with your claim and provide you with the information necessary to handle them.

Guide on How to Become a Certified Lawyer in Thailand

Thailand is known for its democratic legal system, which includes four courts such as the constitutional, military, administrative and Court of Justice. Anyone who wishes to become a lawyer in Thailand is not required to pass the bar examination, as an aspiring attorney would in the United States. Moreover, this type of profession is not grouped into solicitors and barristers. Thai lawyers should obtain a license from the Thailand Law Society, and they should meet several other requirements before they could become a legal professional.

Qualifications for Thai Lawyers

Individuals who intend to become a lawyer in Thailand should meet several qualifications. For instance, they should be at least 20 years of age and a citizen of Thailand. Furthermore, applicants should hold an Associate Degree, Bachelor’s Degree in Law, or a certificate that is equivalent to these degrees. The degree earned should be obtained from an institution that is accredited and recognized by the Thailand Law Society.

Aside from these credentials, candidates should possess a notable character and a sense of professionalism. Those who have been imprisoned, bankrupt, or known for their delinquent morals are prohibited from pursuing a career in law. In addition, applicants are required to be in excellent health condition, since any mental or physical ailment may impair their competence as a legal professional. Lastly, applicants who are currently government officials are not permitted to become a lawyer in Thailand.

Regulations and Requirements

According to the Lawyers Act of Thailand, no one can become a legal professional in the country without a degree in law, license to practice and registration. The Law Society operates to educate, promote and supervise all its members. Those who wish to become a member of the Society should meet specific educational requirements and credentials. Educational requirements include a Bachelor’s or Associate Degree in Law. An alternative to the LL.B is a certificate in law that is equivalent to these college degrees. Moreover, applicants should be an active member of the TBA (Thai Bar Association).

How to Become a Registered and Licensed Thai Lawyer

Individuals may register and obtain their license after they have completed professional training in the legal profession, as well as ethics and essential principles of advocacy. The Institute of Law Practice of the Thailand Law Society offers the training courses for lawyers. The course is divided into two semesters or terms. During the first term, candidates learn more about professional ethics and case conduct theory. The courses may be completed in a minimum of 90 hours. On the other hand, the second term is dedicated for practical training. Candidates must experience working in a registered law office, which they must do so for at least 6 months.

After each term, candidates are required to take an examination. Then, they may already proceed to their application for membership in the Thailand Law Society when they have completed their training courses. However, some candidates may be exempted to take the training course if they have become a law firm apprentice for more than one year. An exemption is also given to those who have passed the test specified by the Law Society’s Board of Governors.