Blog

If you have filed a lawsuit, it may take years for the case to go through to trial. While this may well mean some litigants have money that will be coming to them (following the conclusion of the trial), this may also be a lengthy wait in the meantime. Should you seek a lawsuit case advance or pursue getting lawsuit funding loans to help you pay bills before a judge hears your case?

In what situations are lawsuit funding loans and cash advance payments granted? Some companies who are facing lawsuits may not want to pay a pre-settlement amount because they believe they won’t have to pay as high a settlement in court or may have to pay the full amount the other party wants in a lawsuit. In cases such as these, lawsuit funding loans can help litigants. A person may be able to get a lawsuit without limitations, to help them pay for bills until their case is heard.

Is a lawsuit cash advance loan different from structured loan funding?

Similar to structured loan funding, but each option has differences. No matter which option you choose, you should always be sure to read the fine print on your contract. “Make sure you understand the ramifications of what happens if you have a lawsuit or choose structured loan funding and lose your court case.” My Lawsuit Loans weighs in, “This is however not often a problem when we discuss the case with your attorney.”

In a loan, while no upfront payment is required for a lawyer, litigants may not have to pay if they lose. However, if they win, advancements previously taken are subtracted from their award amount and a lawyer will receive their portion as well. Depending on the size of the lawsuit, individuals may be wise to review all loan funding options before making a decision. With structured loan funding, a litigant receives a set amount of money each month, while they’re waiting for a judge to hear their lawsuit.

Individuals who do decide to apply for a cash advance loan have a new option that wasn’t available before. Before cash advances or structured loan funding, those injured waited for trial or accepted insurance’s compensation payment. There were no other options for those needing cash to pay bills. Asking a qualified lawyer who has experience in lawsuit funding loans is one’s best bet because they will be able to go over each of the pros and cons of lawsuit cash advance loan and structured settlement funding. Ultimately, a lawyer or attorney can assist you with finding the best option for your needs.…

Read More

Running a business can be stressful. Getting started shouldn’t be with the right preparation. Having knowledge of the basics of business law will help make sure that a startup runs smoothly. This knowledge will further help you avoid various accidental legal errors that many small businesses make. Let us now get to learn about three situations where your understanding of business law basics can prove to be helpful.

 

1. Selecting the structure of the company

 

It will be a great idea to perform a risk assessment and then decide if it will be ideal to incorporate, be a sole proprietor, or become an LLC.

 

A sole proprietorship allows you to have a different name than the owner, yet it will not be a separate legal entity. This is the easiest to set up and most entrepreneurs prefer this. However, if lawsuits are held against this company or taxes are owed then the owner will share equal responsibility with the startup.

 

Jessica Bryan with Stone & Sallus Law, “Pros and cons of each type of business can be considered. For instance, corporations are own entities and capital is raised by selling stock or shares. These stockholders become partial owners. Incorporating can bring about tax consequences that you can avoid by instead creating an LLC. LLC have to use their own capital as they do not have stocks to sell, however, they pay less tax compared to the corporations.”

 

2. Creating the Founder’s Agreement

 

It is important to create a legal agreement that is beneficial for all parties (if many co-founders are involved). Various business law topics must be given importance, like breaking down percentages of ownership, dividing the daily responsibilities in the company, and deciding how ownership stakes or shares will be divided if a co-founder decides to leave.

 

3. Tax Obligation

 

Tax law is a very important part of the business law, and anyone trying to understand the basics of business law needs to be aware of the same. By having a thorough knowledge of tax obligations you will be saving yourself from headaches while making plans throughout the financial year. Since you have to pay taxes in some form to the social entities, state, and the nation, you need to know what laws apply to your company. It is thus important for you to be aware of the requirements of your state, as far as the legal business structure is concerned.

 

Entrepreneurs need to know the risks that are associated with starting a new company. An understanding of business law basics can greatly help you, making sure you meet all the necessary legal obligations and thus face no troubles …

Read More

Being involved in a workers compensation suit can be a particularly stressful situation, even if you are not injured to the extent where you cannot work. One reason for this is because filing suit against our place of employment can often mean tension or even harassment, even if that’s against the law. Such case like this must be handled with gentle gloves.

Here are four tips for preparing yourself for a battle in court before even contacting a worker’s compensation lawyer.

1. Document Everything

The most important thing you need to do, as in any case involving personal injury, is begin documenting every aspect of the incident. As in all cases, this means everything from witness statements to photographs to accident reports. Make sure that everything has been written down or recorded in some fashion and that you have the ability to retain copies.

2. Photograph Everything

Accidents are often complex situations — and even if it seems obvious what occurred, a little time and a little rhetoric can quickly distort the situation. But photographs are difficult to argue with. Do everything in your power to make sure that every variable of the situation is documented in this fashion.

3. Do Not Speak About It

“This is reserved for your lawyer and people directly involved.” – Chris at Kentons Law Office. This will be especially difficult because people are most likely going to want to talk with you about what happened. Coworkers and even supervisors may be concerned about you, especially if you’ve been injured badly. Family and friends are going to want to talk with you about it as well.

But it is imperative that you keep your opinions and details about the incident to yourself. The time will come when you can discuss it, but for right now you should be more concerned with the outcome of the case.

Even if you don’t think that you’re going to file suit beyond basic worker’s compensation, don’t speak with anyone about it, and the golden rule is never, ever accept responsibility. No matter how responsible you feel, you have time in the future to do that if you feel it is necessary.

4. Have an Attorney Lined Up Beforehand

Possibly one of the most important precautions you can take is to keep a lawyer’s information on hand before a worker’s compensation incident ever occurs. Find a good lawyer that specializes in wide range of cases to make sure you’re covered no matter where you go in your life.

Keep their cell phone number saved in your phone and possibly written down somewhere in your vehicle. Then when the worst happens, all you have to do is make a …

Read More

Lots of people think that this is a fairly minor offense and that they don’t need a DUI lawyer. Many people think that there is no point hiring a DUI attorney if they have a positive blood or Breathalyzer test. However hiring legal representation can help you to get off the hook even if you have tested positively. There are many complicated laws which are difficult to understand, an experienced DUI lawyer should understand how to use these laws to your advantage.

If this is the first time experiencing the legal system then this will leave you with lots of unanswered questions. A DUI attorney should be able to explain the legal system and help you understand how it works. A lawyer should help you to prepare and answer any questions that you may have. A DUI attorney will expedite your case and make everything run much smoother. If you’ve been charged with a DUI then you may have no idea how to go about defending yourself.

If you are ever stopped on the suspicion of driving under the influence then you shouldn’t answer any questions nor do any tests until you talk to your lawyer. You are obliged to prove your identity, however, other than that you don’t have to say a word. You do not have to answer any questions without your lawyer. Also be careful making general chat with the officer as this will give them valuable evidence to use against you. The actions during the arrest are very important and to fight against your case you need high quality legal representation.

The DUI laws will be different depending on the state you are arrested in, that’s why you need to hire a DUI attorney with experience in that particular state. This means that the lawyer will then be able to defend your case in the best possible way. “Even if you are guilty of the charges a good DUI lawyer will be able to help minimize the costs, or highlight errors in police procedure or tests. A lawyer with a lot of experience with DUI cases will know all of the methods of fighting your case and making sure you get the justice you deserve.” Frank Marks at OC DUI Expert.

If there is strong evidence against you then you might think that there’s no point fighting. Many people think that even if they pay money to hire an experienced lawyer that they will still be found guilty. This isn’t actually true because a legal representation should make it possible to reduce your charges, perhaps managing to allow you to retain your license, or converting some of a prison sentence into community service. Even if …

Read More

The issue of child custody is quite tricky; however, this should not be an excuse for you to make poor decisions. No matter how stressful child custody issues are, you just need to sober up and make good decisions. A child custody issue arises when parents divorce, or they simply can’t reach an agreement on who should take care of the children. If you are desperate and can’t see yourself winning a custody dispute, here are some major ways you can gain more custody of your children.

1. Keep extensive documentation.

You need to document, on a daily basis, the events of the day that relates to your kids as well your devotion to being a great parent. Charlene a representative of BLS APC says, “Your notes need to be as comprehensive possible to be on the safe side. Your lawyer will document everything, and prepare a case for you either on the offensive or defensive in your particular circumstance.”

2. Comprehend the law relating to custody

The better you comprehend the components that a court considers in choosing who gets custody, the better placed you are to utilize that knowledge to your advantage.

3. Keep a good divorce attorney

For this confounded and enthusiastic zone of law, the guidance of a good divorce lawyer is something you cannot afford to miss. What’s the point? Well, keep that lawyer!

4. Be prepared to spend money

Fights in court over guardianship are extremely costly. There are costs for custody evaluations, interim motions, and investigative work. Often, most cases proceed to trial and this is very costly.

5. Only allow reputable professionals to do child custody evaluation

Getting a positive recommendation will fortify your case impressively, especially since the court will take into consideration the suggestions in the assessment report.

6. Case theory

Unless your companion has been horribly careless or damaging towards your youngsters, it is best not to focus on your life partner’s weaknesses, as you will appear bitter as opposed to a guardian worried about your kids’ future. Your argument should be that your spouse is good as a parent, but you are better. Don’t focus on your partner’s negatives.

7. Behave well.

In the event of a separation, coupled with custody battles, it is pretty easy for one to lose temper and openly criticize their spouse in front of the children. What you don’t know is that your partner can raise the issue in front of a court, and you will lose the custody case.

8. Be involved in your children’s’ lives

It is pretty easy to get too occupied in court proceedings to an extent that you forget about your children. Regardless of your situation, you …

Read More

Worker’s compensation laws are a particularly confusing and complicated set of regulations that attempt to ensure workers receive fair payment from employers when they are injured or become sick on the job. It would be a good idea to consult a lawyer. “California has some of the most comprehensive worker’s compensation in the country but that has not stopped some employers from trying to get around worker compensation laws. These shady tactics do not only harm individual employees, but all residents of the state as they result in higher medical insurance premiums and a less healthy state overall.” says Patrick O’henry at Hinden Law. That being said there are certain things employees can look out for in order to protect themselves from how employers can potentially get around the worker’s compensation laws in California.

 

Paying in Cash

One of the most common ways that employers in California attempt to bypass worker’s compensation laws is by using a cash based payroll. Employers will try to spin this as in the best interest of employees by claiming that it will allow them to avoid paying taxes on their income. However, this is an attempt to avoid having to keep actual records of employment which can be used to prove that a worker was employed by the firm. Additionally, this tactic lets the employer avoid obtaining worker’s compensation insurance coverage, so even if the employee proves they were a worker the firm may close, leaving the employee with little or no recourse.

 

Issuing Stock

Another common method that employers use to avoid having to pay workers compensation claims or obtain workers compensation insurance is by issuing stock and empty titles to employees. California has an exception built into its workers compensation laws that state that company owners do not have to be covered by workers compensation insurance. As a result some firms issued stock and gave false titles to workers in injury prone professions, such as cooks and security guards. Remember, if something sounds too good to be true it probably is, so an offer to be the vice-president of a company with stock options when your duties include being a line cook should immediately jump out as a warning flat to employees.

 

Contractor/Freelancer Deception

Carl Poe who works for Gek Law, a prestigious worker’s compensation law firm, warns, “Employers will also attempt to claim that a worker’s 1099 status means that they do not qualify for workers compensation if they are injured.” He goes on to say, “This premise is false on its face, as anyone acting under the guidance of a group for money or wages must be covered by an employer’s worker’s compensation insurance. …

Read More