Rights and Obligations with Prenuptial Agreement

Author : Jeffrey Broobin
Prenuptial agreements are like insurance policies. You do the paperwork, and then hope you'll never need it. However, since half of marriages end in divorce within the first seven years, you may want to consider a prenuptial agreement before you walk down the aisle and say, "I do."Since you could later be engaged in a nasty, costly, and emotionally draining divorce some day, you should consider a prenuptial agreement as a precaution. Below we have given you some information on what is in a prenuptial agreement and whether it could be useful for you.A prenuptial or ante nuptial agreement is a document signed by two people who intend to be married. It describes their rights and obligations should they get divorced. A prenuptial agreement informs the court how they want their assets and property divided up.Divorces become messy when parties cannot agree on the distribution of property, such things as the house, the house, stocks, and bonds and whether one party should pay the other alimony, now known as "maintenance" in most states. Assume that the husband has $1,000,000 in his own name prior to the marriage. A properly drafted prenuptial agreement can award that same $1,000,000 to him after a divorce, notwithstanding what he does with the money, such as purchasing a home in joint tenancy or shifting the money into other accounts. Without a prenuptial agreement, the wife might be entitled to one-half of the $1,000,000 or more, depending on the financial circumstances of the parties at the time of the divorce. The prenuptial agreement is a powerful and valuable tool that can favor the husband, protect the wife, or serve both of them fairly. It is a question of circumstances and intentions.Candidates for prenuptial agreements used to be just older individuals with huge estates that they wanted to protect from gold diggers for their children from previous marriages. Since more millionaires are born every day, the candidate pool is growing by leaps and bounds. Now everybody has something to protect: an unpublished author, the budding inventor, anybody with a lucrative profession or a good idea. So, before you dismiss the idea of a prenuptial agreement, assess your situation in life and your long-term future in deciding whether a prenuptial agreement is right for you.Consider at length the nature and extent of your present and possible future assets. A prenuptial agreement can be a very simple document running only a few pages that segregates each party's assets owned before the marriage, or it can be a very complicated document that runs dozens of pages because it deals with income and assets acquired during the marriage, the payment of debts, attorneys' fees, alimony/maintenance, and other financial matters. The next hurdle is raising the issue with your intended spouse, a very unromantic event. It helps to get it over with early. Perhaps you could blame it on someone else, such as your parents who may want to involve you in a family business, or possible business partners.If you have no one to hold responsible, just be honest. Tell your future spouse that you intend to be open, fair, and honest, and the fact that you will be revealing all your assets is a sign of trust. Assure your intended that he or she will be protected during the negotiation procedure and in the prenuptial agreement, and stress that the document is something you feel is necessary and wise before you get married. The most important thing is to discuss it earlier instead of later, so that the degree of pressure before the wedding is mitigated.Couples do not usually break engagements because of disputes over prenuptial agreements. In almost every instance, the agreement is signed and the parties are married. It is also completely appropriate to state that you will not get married without a prenuptial agreement; case law has indicated that this will not invalidate an agreement if made before the wedding.The best way to avoid charges of duress or coercion is to tell your future spouse early on that you want the prenuptial agreement. Sometimes, such documents are signed shortly before the wedding, but have been the subject of negotiation for months. A well-drafted agreement will recite the fact that, even though it was signed shortly before or on the wedding date, negotiations began much earlier. It is for clauses like this that you consult experts.Eventually, a prenuptial agreement will be fashioned so that you and your future spouse both accept it. The terms may not be what you initially envisioned and may not be what your intended would want. But that is the nature of compromise.Note that Legal Helper Corp. - http://www.legalhelpmate.com/prenuptial-agreement.aspx

- provides an easy-to-use, quick, and economical online method for creating Prenuptial Agreement (Premarital).About The AuthorJeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.Website: http://www.legalhelpmate.comEmail: : jeffreyb@legalhelpmate.com
Keyword : premarital,prenuptial agreement,marriage,legal,relationships,laws,attorneys,lawyers

Asset Searching for Recovery Actions - The Decision Maker's Tool Part 2

Author : Thomas Lawson
In Part One of this article we took a look at some minimum recommendations for asset searches as a recovery medium. This discussion is based on the assumption that an asset search has already been determined to be sanctionable by, for example, a loan in default, a judgment that has been rendered, a court order obtained for the release of credit information in cases that are not clearly defined under the FCRA or "extended consent" given in a creditor/debtor or employee - employer relationship.As Part One suggested, to properly identify a non-corporate subject, fraud examiners in non-law enforcement environments should take the following steps:* Obtain credit reports form the three major credit bureaus, per FCRA requirements* Obtain social security traces form the three major credit bureaus.* Obtain address update/credit report header information from the three major credit bureaus.* Match the information obtained through the independent sources to the information presented by the subject of the asset search.Part One also provided suggestions for determining assets, including real property ownership, vehicular searches, vessel ownership, aircraft ownership, and banking information. Following is additional financial and business information that should be gathered, as well as liability-related data that impacts the subject's net worth in a recovery action.Financial InformationCredit reports should be obtained from all major credit bureaus in order to completely determine the subject's credit worthiness or credit status. The Federal Home Loan Mortgage Association ("Fannie-Mae") determined several years ago that a minimum of three national credit bureau repositories should be accessed to develop credit information prior to the qualification for a mortgage loan. While this is the standard, many companies do not provide this information in the pursuit of the asset search, and limit their request to only one major credit bureau. Some difficulty also exists with respect to the investigative community's lack of access to major credit bureaus, and many credit reports procured for investigative purposes are, in fact, procured through third- and fourth-party blind sources.Credit bureau-based research agencies are usually your best source for credit and financial information, as well as banking data, since their primary focus is in the credit community and understanding the limitations of the credit system, as well as knowledge of "better" access to the credit bureaus. This assures their continued success in operating their business.Credit reports are important not only from the standpoint of providing identification information, additional addresses unknown to the client, and/or additional name variations in the form of aliases and/or akas, but they also provide an almost up-to-the-minute window of credit activity pertaining to the subject. This gives an impression of the subject's credit worthiness with respect to paying off the obligations the subject is currently faced with, not to mention, in many cases, his or her current whereabouts.If an overwhelmingly favorable credit report is generated on the individual, chances are strong that the subject may be hiding assets, and a more aggressive collection and/or litigious pursuit is justified. If the individual's credit is in a "pre-bankruptcy" mode, chances are strong that the lack of discovery of available assets, which would affect the decision whether to charge-off or litigate the matter, is more easily palatable by the analyst.Credit histories also contain adverse public records that may not have been developed throughout the course of the search, since the primary search parameters are on an exact name basis, and usually a specific jurisdiction basis only. The benefit of credit reporting agencies is that they procure information from large repositories, which contain information from jurisdictions that may not necessarily be germane to the original asset search request.Corporate AffiliationsA determination of an individual's Officer/Director and/or Registered Agent status within a corporation is important to determine whether or not that individual may own stock in that enterprise, which can also be determined somewhat by a search of applicable public records within certain state jurisdictions. Some states do not provide public access to information with respect to stock ownership in corporations, yet many states do provide information with respect to the Officer/Director and/or Registered Agent status of an individual.These searches are conducted at the Secretary of State level, and if the information is developed, certain other information with respect to the corporate enterprise may be provided. This includes the status of the corporation (i.e., good standing, suspended, or forfeited), the filing date and filing numbers of the corporate enterprise, and the subject's affiliation with the enterprise.Many states require a secondary search level to be undertaken, which is the procurement of a "Statement of Officers/Directors" (ET SEQ.). There are database repositories, which provide President and/or Registered Agent information.However, most searches that develop Officers and Directors must be conducted by hand at the applicable state jurisdiction.Security & Exchange Commission files provide information on individuals who own more than 10% of a publicly held or publicly traded corporate entity. This search is conducted by database through a few private companies, and the searches are, by and large, undependable. The searches conducted directly through the SEC, which are extremely time-consuming, are the only valid searches to rely upon within this instance, and for all intents and purposes, inside information with respect to this file indicates that it is roughly 80% accurate and complete.PartnershipsSearches for partnerships, be they limited partnerships, general partnerships, or specific partnerships, are conducted at the state and local jurisdictional levels, depending upon the state. In California, for example, searches at the California Secretary of State's Office identify "LP-1" Statements, which are filed by the general partner of the limited partnership, and identify not only a name reservation, but also the name of the general partner of the business. This one-page form is not a full-blown search with respect to the partnerships that could pertain to an individual. The search conducted at the county or parish jurisdictional level would identify all general partnerships, which would be required to be recorded and limited partnerships which own real estate.Uniform Commercial Code FilingsWhile a Uniform Commercial Code Financing Statement could be primarily viewed as a lien instrument, in the context of an asset search it should be addressed as more of an asset determinator. From the perspective of a UCCs relationship to an asset, when an individual is identified as a debtor, usually the debtor's status pertains to the securing of personal property for a business that may not have been disclosed throughout the course of additional research.The age of the Uniform Commercial Code Financial Statement (they expire after five years in 48 states) would determine the extent of possible equity in equipment and fixtures, which may pertain to an individual and/or his business. In the case of a manufacturing facility, with depreciation schedules as they are, clearly a 4 ½-yearold UCC-1 on a piece of equipment that was purchased new at the time the UCC was filed would still retain equity, and thus constitute the discovery of a "hidden" asset which may be liquidated.There is also a little known side of the UCC spectrum that is often ignored by examiners. This is searching for "Secured Party" status on a UCC-1. Clearly, this would be where the subject is, in fact, the Creditor on a UCC-1, with the implications of the discovery of this type of hidden asset quite obvious. Many states do not provide "Secured Party" status indexing, and thus, while it is not available in most states, it can be expected within certain state jurisdictions where the asset search will be based.Sole Proprietorship EntitiesA search should be conducted of the Fictitious Business Name and/or Assumed
Name Index of the applicable county or parish level of jurisdiction to determine if the subject's name appears as a Registrant, or Declarant of a Fictitious Business Name or Assumed Name Registration. The discovery of these items usually constitutes the discovery of additional bank account search possibilities, as well as entities and/or enterprises that may be unknown to the institution or client.Other AssetsIn many instances, an individual could hold offshore assets in the form of trusts, partnerships, and so forth. A thorough search of applicable public records within the jurisdictions germane to the activities of the subject can often reveal information, which might lead to the discovery of these offshore assets. This particular type of asset search is highly sophisticated, and should be left specifically to agencies that have demonstrated high levels of competence in international asset research. The trustworthiness of the agency should be scrutinized before entering into a contract.LIABILITIESLitigationA search should be conducted of the applicable jurisdiction to determine the extent of possible litigation involving the subject from both current and prior perspectives. A standard expectation for the research should be primarily an index review of the cases, which are outstanding, and if required, an analysis to determine the extent of "pending" lawsuits, which, as of the date of the report, remain unresolved. The search should be conducted on a ten-year basis, with the pending actions focused within a five-year window.Federal, State, and Local Tax LiensA search of the applicable jurisdictions should be made in the Recorder's Office to determine the extent of federal, state and/or local tax liens that might impact the net equity position of the subject. The existence of, for example, a $150,000 federal tax lien could wipe out all equity positions enjoyed by the assets discovered throughout the course of the research. Thus, the discovery of this liability is critically important in the assessment of the subject's net worth and ability to pay.BankruptciesA search should be conducted through applicable jurisdictions germane to the residences and/or activities of the subject of the U.S. District Bankruptcy Court records for a ten-year period. The purpose of this research is to determine if the subject has established a pattern of filing bankruptcy, and/or possibly (in the event a bankruptcy is discovered) to scrutinize the assets and/or creditor's list to determine if there was fraudulent misrepresentation of assets and/or liabilities at the outset of the credit relationship with the institution.JudgmentsSearches for Abstracts of Judgments, or Judgments, are usually conducted in the applicable jurisdiction's Recorder's Grantee/Grantor Indices. The searches should reflect primary judgments that were filed in the applicable jurisdiction by the court, and can be included in the research for pending and/or previous lawsuits at the court jurisdiction level. The Abstract of Judgment concept is that a particular judgment is "extracted" from the court records, and "abstracted" to the county jurisdiction, in order to encumber items of personal and/or real property which are identified, and are targeted for attachment and liquidation to pay off the claim. Plaintiff actions can be considered potential assets, and should not be overlooked.Miscellaneous LiabilitiesAdditional searches should be conducted on a wide-area basis, both at the state level (Secretary of State) and the county or parish jurisdictional level, to determine if additional liabilities exist from the standpoint of judgments, tax liens, or county-based UCC Financing Statements. These identify specific types of assets such as crops, timber, and inventory. They are not usually found at the state level UCC search, and most agencies do not provide them unless requested to do so. This search is more specifically covered in the following Intelligence section.IntelligenceIn any good asset search, the fraud examiner should develop intelligence throughout the course of the research that would refer to information as specified above concerning additional names on real estate ownership, transferee names, and so forth. Additional modules of research that should be conducted include criminal histories on the individuals targeted within the asset search, as well as a search for evidence of known connections with other business enterprises and/or individuals with whom regular associations are engaged.There are multiple methods of access to this type of information, not the least of which would constitute a surveillance (highly unusual in an asset search) which would identify the comings and goings of the subjects at hand, and would assist in the identification of the "intelligence" type of data. Additional information is developed with respect to the assets, in order to assist in the determination of the market value so that a net equity figure can be derived for one asset, or a group of assets, from all levels.To delve into the methods of this type of discovery would be to get into the mind of the fraud examiner working the case, and shall not be addressed in this article, but should be included in an overview process in the Intelligence Section of any asset search report.Some other instances where information would be helpful include areas where other tangible net worth is discovered, such as intelligence provided by developed sources close to the subject regarding stamp collections, gold coin collections, cash under a mattress, and so forth. This information is highly inconsistent within the context of a normal asset search, and, while hoped for, should not be expected as a matter of doing business with a particular fraud examiner.Miscellaneous InformationIt is important to understand that today we are faced with many research possibilities from the standpoint of hands-on jurisdiction research versus database research. It is important to specify whether or not database research is, in fact, acceptable, or if hand research is required. Extensive experience in FDIC and FSLIC work for over ten years dictates that the standard of research for these agencies, as well as Resolution Trust Corporation until recent months has been that only hands-on work is acceptable in an asset search.It must be understood that while database search capabilities appear seductive, many lack the depth and breadth to provide a sufficient search upon which decisions should be made, and a case should be analyzed. There are technical problems with database research that shall not be delved into here, but it should be generally understood that reliance only upon database searches does not give the complete picture, and may end up providing inadequate information upon which an improper decision will be made.Close attention needs to be paid to understanding the differences of a hand search versus a database search. The common rule of thumb should be the clear understanding that when a search is purchased from a database company, what the purchaser is really buying is the amount of money that has been invested in the computer's search logic, not necessarily the information provided by the jurisdiction which the company purchased. A hand search, on the other hand, is conducted by an individual at the applicable jurisdiction by searching records provided by the jurisdiction, which are as up-to-date as possible.Database research provides information that is usually not updated within thirty to sixty days. It is also important to understand that database information is usually based upon the "first-cut" data/magnetic tapes provided by the jurisdiction to the database firm, and may not include updated, completed or extricated information that is critical to the determination of whether or not a record exists on file, and/or is in fact reportable under applicable statutes within the applicable jurisdictions. The most recent legislation that specifically identifies the limitations and requirements of database service companies include California Assembly Bill 1629, Chapter 1194, Public Law91-508 (FCRA), the CCPA and various other local, state and federal statutes.ConclusionWhile these guidelines give insight into modules of research which should be integral to any decent asset pursuits, it is important to understand the capabilities an integrity of the firm you're using to conduct some or all of the research with you, or for you. Clearly, while the use of databases is on the rise, it remains good practice to consistently test the information you receive against independently known or researched information for its depth and accuracy.This investigative attitude will not only help you to weed out the questionable information, but will help you to more clearly establish your expectations with whomever will be assisting you in determining if discoverable and attachable assets exist, which can be attributed to the subject of your inquiries.Thomas C. Lawson, CFE, CII is President and Founder of APSCREEN International, the world's leading full service Consumer Reporting Agency since 1980. Lawson is called "one of the real pros" as he has helped to reshape laws including those for employment screening, permissible credit reporting, asset discovery and fraud examination. Tom is a Life Member of: ACFE, ASIS, SHRM, PIHRA, PNRRA, PRRN, CII, WAD, WIN, FCAOC and OCEMA.
Keyword : asset search, asset recovery

Better Late Than Never - Register Your Published Photographs

Author : Carolyn Wright
There's no doubt that it's easier to register your photographs before you publish them. But if you didn't get it done then, it's better late than never to register your published images. The good news is that it's more convenient and cheaper than ever to register your photographs after they have been published.Pursuant to a recent change in copyright law, you now can register a group of published images on one form. The only requirements are that the photos must have been published in the same year, made by the same photographer and have the same copyright claimant. This should fit the profile of most photographers and their work.Another beneficial change in the law is that group registration of published images currently requires only one "deposit" or copy of the image. Previously, you had to submit two of the actual published copies. Now you can register your published images on one form, with only one deposit, one application and one filing fee, as long as they meet the above requirements.Specific instructions on how to prepare your registration forms for published photographs are available from the Picture Archive Council of America at http://www.pacaoffice.org/copyright.html in "The Importance of Copyright Registration"You no longer have an excuse. Go to the dentist, change the oil in your car, and register your images, both unpublished and published. It's better late than never.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : copyright, register, published, unpublished, law, deposit, registration

Have You Heard About The Prepaid Legal Systems?

Author : Vinodh Pushparaj
Prepaid legal systems have been around for more than four decades and millions have joined these programs and benefited from it. Yet the majority of folks out there don't have a clue of what these are. The fact is around seventy percent of households were in a situation where they needed some legal advice or service. These folks were not able to exercise their rights because they were not able to afford even the initial lawyer consultation. Let's get a closer look at these promising prepaid legal systems that has the capacity to solve this problem.Prepaid legal system is similar to your health insurance plans, you prepay a preset membership fee and you get access to a preset plan benefits. This is typically offered for groups of employees or unions. The employer deducts the cost from the payroll like how they do for the health insurance. There are many plans open for public membership. You should understand that access to legal system is your birth right. The legal system is a complex beast which has gotten to that complexity due to the abuse it took over years. Every hole that was exploited needed to be plugged and the complexity increased multifold. It is this complexity that makes it hard to know what rights you can exercise, what forms to use to resolve problems. This is where these prepaid systems excel.There are tons of different plans offered by these prepaid legal plans. These plans could cover as little or as much based on where you live and who lives around you. Puzzled, you should be. The plans are based on the lawyers of each locality. The number of specialized services offered is directly proportional to the capability of the lawyers who have signed up in your locality. Hence it is absolutely mandatory that you evaluate the experts you get access to, if you join the plan. These are typically monthly payment with a yearly commitment or sometimes with a money back timeframe. What these plans offer is peace of mind for some but for some this is an unnecessary expense. If you are in a job prone to frivolous cases and prone to consumer complaints this is going to be very useful. Or if you are in heady waters in a troubled relationship then chances are you may need cheap access to initial lawyer consultation now and then.There is always the other side of the coin, sometimes it happens that these services offer absolutely no to minimal support for specific cases. It is highly important that you exercise your probability knowledge in here to evaluate if you need to signup for these plans. I have seen a lot of complaints in the Internet where people feel they have wasted their money by subscribing to these services. Well think about the car insurance plans you have. How many times have you gotten back what you have paid, it is the probability that keeps a very huge industry alive and well. Atleast I am in the camp for now who is happy that I have not asked for money back from the car insurance companies :-). I know of a friend who lived happily with nothing to worry and then one day he bought into a scam through Ebay now he is finding all means to get a refund of the thousand dollars he paid the scammer. He is now a person thinking about how to get justice and his money back. These services provide you the much needed initial consultation and give some good discounts for access to lawyers.I think this article would have given a good start to understanding the prepaid legal systems. And I hope you would start evaluating whether these systems suit your lifestyle and decide if it is a necessary "legal insurance".You can consult the following websites for further reading on the prepaid legal systemsAuthor has been freelancing for many companies and can be reached through the no fee Freelance website - http://www.freelancefree.com
Keyword : prepaid legal, aplora, freelance, prepaid legal systems, group plans

Examining the Legal Billing Rates

Author : Gil Mart Abareta
Every time you want to avail legal assistance, your finances are also one of your biggest considerations. I'm speaking here in terms of legal billing rates. These rates really vary based on the experience, prominence and prerogative of the lawyers. Lawyer fees differ. Now, the big question is – Are these fees reasonable for clients like you? Is it just enough for the lawyers?An article entitled "Guide to Legal Services Billing Rates" says that most lawyers will tell you that the practice of law is a noble profession dedicated to the pursuit of truth and justice. But anyone looking to hire a lawyer must realize that practicing law is first of all a business. As a result, lawyers in private practice are going to charge what the market will bear in order to make a profit from their services. Understanding this and having a basic knowledge as to how lawyers' charge for their services may help you to negotiate the best deal when you need to hire one.I must say that all of the payment arrangements stated in the said article are not more than enough. I think, they are just enough to compensate for the time and effort a lawyer will spend in your case. These arrangements include hourly rates, flat fees, retainers and contingent fees. The lawyer has the opportunity to choose the payment plan that you'll have. However, the client can still open up his views if he disagrees with the lawyers' offer. It's still up to them to decide about the final payment arrangements.In addition, there are certain factors impacting lawyers' fees such as advice, outcome, overhead, experience, time and effort, difficulty of case, prominence of lawyer, geographical location, and preferred client discount. All of these affect the choice that a lawyer makes regarding the payment arrangement that the client has to comply with.Indeed, it's important to understand how these fees are being treated under the different payment arrangements. The decision if what type of payment best suits your paying capabilities still depends on a good communication between you and your lawyer. It may be hard to compensate for this high-paying job but then it will be your reputation that's at stake here.Generally, it's always better to fairly settle everything first – especially in terms of legal billing rates – before commencing any legal proceedings. Through this, you'll certainly have a smooth-sailing relationship with your attorney towards the success of your case.For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com
Keyword : legal, billing, rates

Why Is My Case Taking So Long?

Author : Wayne Walker
CapTran is a litigation financial services company that makes working capital loan to law firms as well as pre-settlement advances to plaintiff. Financially stressed plaintiffs come to us for financial help in order to be able to sustain themselves while waiting for their case to resolve. We are not a law firm and we offer no legal advice. However, we do have a great deal of experience investing in personal injury cases. The observations and comments in this article are a result of those experiences.One of the most common questions we are asked is "Why is my case taking so long?" Many clients get angry as the time between the injury and the claim settlement gets longer and longer. Plaintiffs often vent their anger at their attorneys for the delay when, in most cases, it is not their fault. We constantly hear clients complain that their attorney is "not doing anything" or "my attorney won't tell me anything".CapTran has invested in thousands of personal injury cases and has dealt with literally thousands of personal injury attorneys and their staffs. Our experience tells us that there are many reasons for the delay and in order to determine whether or not your case is going unusually slow it is important to understand how the claim process works.First and foremost is the fact that insurance companies are in no hurry to settle. The longer they can hang on to the money, the more investment income they can earn. While many states have bad faith insurance laws that require insurance companies to handle claims in good faith, many continue to move as slowly as they think the law will allow. Certain insurance companies are especially slow to deal with and some have even been successfully sued under the bad faith insurance laws.
Most cases settle without a lawsuit.Notice we say "claim process" and not lawsuit. That is because year in and year out, most personal injury claims are settled without a lawsuit. For example, insurance industry survey data reveals that 95%-96% of all motor vehicle bodily injury claims are settled without a lawsuit ever being filed. Attorneys only file lawsuits as a last resort if the claim cannot be settled through negotiation with the tortfeasor's (defendant's) insurance carrier.Should I hire an attorney or handle the claim myself?
If what you just read about settlement data has you thinking that, if it is so easy to settle a case, maybe you should handle the claim yourself, think again. Study after study shows that claims paid to claimants without legal representation are lower than those with legal counsel.The claims processYour attorney will notify the defendant's insurance company that counsel is representing you. The insurance company will assign an adjuster to work on your claim. This is the person with whom your attorney will negotiate to secure the best settlement possible.There are two parts to the claims process - liability and damages.LIABILITYThe first part of the claims process is establishing liability. If there is any question of liability the claims process will come to a screeching halt.Plaintiffs always seem to feel that the question of liability is cut and dried since a police officer may have arrived at the scene and issued a traffic ticket to the defendant. However, it may not be that simple:• The defendant may have subsequently challenged the ticket and won.• The defendant may have a valid excuse such as an emergency situation that made the accident unavoidable. In many states, such 'emergency" actions are valid defenses.• The defendant may be a governmental entity with sovereign immunity meaning they can't be sued.• You may be considered partly (not mostly) responsible and in some states such "contributory" negligence may prevent you from suing.Your own history and conduct will have an impact on the insurance adjuster's view of liability. Some of the things that will make an adjuster question liability are:1. If you went to the emergency room and the medical report reveals drugs or alcohol present in your bloodstream.
2. If you have a prior criminal record.3. Previous injuries. If you have had a previous injury the adjuster may question if the injury is really a result of the previous accident or condition rather than the current accident.4. Subsequent injuries. If you have a subsequent injury resulting in another insurance claim, the adjuster will begin to wonder if you are a scam artist. At the very least, you will have two insurance companies claiming that your injuries were the result of the other driver's negligence.While we find that in most cases insurance carriers do not challenge liability without good reason, we cannot emphasize too strongly that only a qualified personal injury attorney can adequately represent you on liability questions.DAMAGESGenerally, the most time consuming issue is the question of damages. Since your physical injuries are most likely the largest component of your claim value, your attorney must know the answers to the following questions:1. What were your injuries?2. What treatment did you receive?3. What were your medical expenses?4. Have you stopped being treated and have you reached what is called maximum medical improvement (MMI)? MMI means that additional treatment will not make you any better.I t is important for you to understand that while you are still being treated your attorney can do very little if anything to move your case along. Why? Until your condition has been fully treated and you have reached MMI, your attorney has no way of determining how much to ask for!To help speed your things along, make sure that you do the following:• Be diligent in your medical treatment.• Make sure that your attorney receives proper documentation from your medical providers.• Ask your attorney if there is anything further that you need to provide.• When you stop treating ask your attorney when a demand letter will be sent to the insurance company.DEMAND LETTERWhen your attorney is sure that you have reached MMI and that all facts pertinent to your claim are known, a "demand letter" will be sent to the insurance adjuster. The demand letter will contain a recitation of the facts of the accident, theory of liability and demand for payment for the damages you have suffered.We have seen all kinds of demand letters. Some attorneys treat demand letters like simple business documents and others seem to see them as an art form offering the chance to wax poetically about the grievous nature of your injuries.
Insurance adjusters see thousands of demand letters and are expert at plowing through the verbiage to get at the real issues. It is important to ask your attorney for a copy of the demand letter so that you can be sure that your claim is complete.Be diligent and patientOnce you are satisfied that you have finished medical treatment (and are at MMI) and your attorney has submitted an accurate demand letter, you must be patient and diligent.If there are no liability issues and your claim does not have the appearance of fraud or buildup, your claim will be processed by the insurance company's adjuster. Time really starts now. All of the time up to this point means nothing.
Be diligent in checking with your attorney to see if the insurance company has responded as well as to make sure that there are no issues that have arisen of which you should be ware.If you have reached this point, be patient. Your attorney wants the same thing you do; to have the case settled to your satisfaction and get paid.By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services – www.captran.com.This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney.
© 2003 CapTranWayne C Walker is President of Capital Transaction Group Inc. a leader in litigation financial services – http://www.captran.com.
Keyword : lawsuit loan,lawsuit,lawsuit funding,personal injury

Electricution Accident Lawyers in Los Angeles

Author : Dave Hoffman
After an electricution accident, contact your insurance company and your lawyer as soon as possible. There are situations when no one is responsible of an accident, but that's definitely the case with any electricution accident. All lawyers in Los Angeles will be delighted to take your case to the court. Why? Because (1) someone HAS to be guilty in this kind of accident and (2) it's probably not your fault.The only possible reason for an electricution accidentNo one deliberately risk one's life playing with electricity, so generally speaking the only possible way to get a "natural" electricution is to be struck by lightning. In all other cases it is someone's fault. Most electricution accidents are caused by ungrounded electric-powered appliances or other machines, so it is usually clear that someone who is responsible for maintaining them made a mistake and thus gave some work for electricution accident lawyers. Los Angeles ones are no exception here and they really look forward to getting their part of the cake.Coping with the results of an electricution. Accident lawyers from Los Angeles might really help!Of course the first and the most serious effects of electricution are the health hazards or even death. But in this article we deal mostly with things that happen afterwards. The moment you get to hospital the battle begins - the institution that is potentially responsible of the accident starts marshalling its arguments. They look for any possibility that the electricution accident was only your fault and sometimes even your deliberate action. The latter is potentially disastrous, because your insurance company will do everything to cancel your insurance and any argumentation that shows the possibility of your deliberate action will be quickly adopted by your insurance company. So better don't hesitate and hire some electricution accident lawyers. Los Angeles is full of them, so you shouldn't have any problem with finding the proper lawyers. I know they may be expensive, but you simply need someone who will defend you, especially if you're still in hospital.Possible problemsIf your health hasn't suffered much, the rest will be fairly easy. It is much simpler to prove that the accident was caused by somebody's mistake than that it was only your fault.Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law.
Keyword : injury law