Paying taxes often results in mental anguish, but when mental anguish is the reason for additional taxes, that is just too ironical for words.
The awards given in a personal injury lawsuit are in several categories. All personal injury cases sue for economic damages such as actual expenses for medical care, property damage, loss of income, or anything else that are measurable in financial terms. Some states limit personal injury awards to these damages, while others allow non-economic awards also known as punitive damages, typically imposed on the defendant as punishment for the wrongful act. These include pain and suffering, and mental anguish, although some impose a cap on the amounts. These are psychological components that usually accompany physical trauma, although even without physical trauma there can be mental anguish i.e. defamation.
When claiming for mental anguish, it is important to note that there is a tax consequence for mental anguish that is independent of or separate from physical injury. For example, if false statements affected an individual’s reputation that affected personal relationships on top of a decline in professional standing that had a financial consequence, the mental anguish from the loss of friendship or affection may be considered compensable. However, such compensation would be taxable under federal law.
However, if the mental anguish is tied in with a physical injury such as the loss of a limb, then it would not be taxable. Awards for physical injuries are generally tax-exempt, while mental injuries are not unless it is proven to be inextricable linked or inseparable to the physical harm sustained. When seeking to claim punitive damages for mental anguish or other mental injuries, it is important to insist to the lawyer that this be tied in with a physical injury if it is at all possible. An experienced personal injury lawyer would know how this can be done.Read More
Most people believe that assault is actual physical harm inflicted on someone, but in general just the threat of harm can be considered criminal assault. It is one of the few criminal offenses for which a person can be charged with little or no evidence. By definition, anyone can state that they had been threatened with bodily harm, and this could be grounds for an arrest of the accused. Criminal assault can be a misdemeanor or felony depending on the circumstances of the incident. For example, simple assault such as swinging a bat but not making actual contact is a misdemeanor while aggravated assault, where actual physical harm occurs usually with a deadly weapon, is a felony.
State law dictates what constitutes criminal assault within its jurisdiction, so what may be criminal assault in one state may not be in another state. It is important when being accused of criminal assault that you retain a lawyer who has an in-depth knowledge of state law as well as an active practice in the jurisdiction. Criminal defense lawyers and state prosecutors in the same jurisdiction tend to know each other as well as other officers of the court, which can make your defense go more smoothly than if you bring in an outsider, no matter how experienced or knowledgeable.
The usual companion of assault is battery, which is the attempted or actual intentional or negligent infliction of bodily harm. In general, it follows that a charge of battery also includes assault, but a charge of assault does not necessarily include battery. Battery may also be classified as a misdemeanor or felony.
Because little evidence is required for a charge of assault, a conviction or dismissal boils down to how good the defense lawyer is in handling the case. It may not even get to a trial if the defense can provide a good reason for the case to be dismissed i.e. an alibi that proves the defendant could not possibly have been present at the time of the alleged incident to do the assault.Read More
Driving under the influence (DUI) is the term generally used for drunk driving charges, but in some states that is a term reserved for underage defendants i.e. below the age of 21. For adult defendants who are impaired while driving, the term used is driving while intoxicated (DWI). A DWI is considered a serious offense and carries escalating penalties that are currently the toughest in the state’s history. This can be quite a scary experience, especially for first timers.
Typically, a first-time drunk driving charge is a misdemeanor, which typically can be labeled a Class B misdemeanor. This can mean 180 days in prison, suspension of driving privileges for a year, and a possible fine of up to $2,000, plus an annual surcharge of $1,000 for the next three years. If the blood alcohol content (BAC) level is 0.16 or more, which is at least double the legal limit, the surcharge becomes $2,000.
Repeat offenders start racking up points where a second DWI charge within 10 years of the first offense is a Class A misdemeanor (up to 1 year in jail, 2 years licenses suspension, $4,000 in fines, $1,500 to $2,000 annual surcharge) and a third instances is a felony. A felony DWI is already in the big leagues right up there with sexual and felony theft offenses. It is not unusual for a conviction to mean 10 years in prison. For drivers who are charged with a DWI with a minor goes straight to felony territory, and those driving a commercial vehicle carriers with a BAC of .04 or over will get their drivers license suspended for a minimum of a year, depending on what they are carrying.
Perhaps more importantly, especially for first time offenders, is that a DWI conviction means a criminal record that they will carry with them like a ball and chain for the rest of their lives. This should be avoided as much as possible. Contact a DWI lawyer in the area immediately after being charged and say nothing until you have had a chance to consult together.Read More
The devastation of Hurricane Sandy is still fresh in many people’s minds, especially for those who have lost their homes. In order to move forward and start anew, many victims of Hurricane Sandy has filed for homeowner’s insurance claims hoping to receive some financial support, however many of these insurance claims have been denied. Being denied of a homeowner’s insurance can cause a big complication in your life, and the sad part of it is since insurance companies are also a business, they could have a varied reason for denying your claim. In order to ensure that your homeowner’s insurance claim will not be denied, here are some things that you should check:
- There are insurance plans that does not cover for damages caused by damages, therefore make sure that your insurance plan has this policy. In cases of hurricanes, the insurance company can deny your claim by arguing floods, tidal threats, and waves as reasons.
- Insurance companies can use the excuse of “unsafe conditions” as argument in denying your homeowner’s insurance claim. They can state that your home’s location is already in a high-risk area, therefore you either pay for a higher insurance premium or your house may not be covered by the insurance despite being damaged by the hurricane.
- Unpaid premiums can also be used by insurance companies as reason to deny a claim. Make sure you are up to date with your insurance premium payments, otherwise they can use it as a threat to deny your insurance claims despite having paid properly in the past years.
The website of Williams Kherkher says that individuals should not easily accept a denied claim from their insurance companies without question. You could request for a reason for the denial, recheck your insurance policy if the reason is applicable, or get legal counsel. If you think the insurance claim is significant enough, it would be better to go to court in order to receive your insurance claim.Read More
With the ups and downs that are going on with the economy, many parents have suffered having to have legal issues regarding child support, or taking care of their child with the existing child support. Paying or receiving child support payments can become a burden to some, and there may be a time where modifications for child support are needed. Fortunately, parents are given options for modifications of child support.
The first thing to do in order to have child support modifications is to check if both you and the other parent agree on changing the child support agreement. Having a judge approve of the changes can make these changes more legal, and majority of the time the court would agree provided that the amount does not deviate from the one required by the State guidelines; otherwise a proper explanation should be provided on why and how the amount will be enough for child support.
Another option, according to the website of the Law Offices of Baden V. Mansfield in Manhattan Beach, is to go to court directly to ask for a child support modification, particularly if the other parent does not agree with the changes. The court can become the mediator that can listen to both your sides and decide on an appropriate settlement. A temporary or permanent child support modification can be granted by the court depending on the circumstances presented in court. Permanent child support modification will last until the support is no longer needed, or if the child support is again modified at a later date due to other changes in circumstances.
What parents should know is that if they are considering any changes on child support, they should address it immediately. Missing child support payments can lead to criminal charges, therefore circumstances such as job or income loss should be reported immediately. Filing for bankruptcy will not clear child support debts, therefore if you are having trouble paying for child support, then it would be better to ask the other parent of file for a motion in court.Read More
For many people, fishing is not just a mere sport; it is a passion that needs to be pursued. This is the reason why it would be better to have a custom fishing yacht, making it a more reliable offshore vehicle that is laden with creative features meant for fishing and ready to go wherever you wish to go.
In order to get the best of your custom fishing yacht, there are some things that need to be thought about. First, you should know what type of fishing type you wish to have. Fishing yachts should have a big deck space in order to store game or fishes caught. However, this feature should not be compromising the other features of a fishing yacht. Custom-made fishing yachts can have cabins meant for guests who wish to stay overnight during extended fishing trips and even add more features such as an entertainment room or bar.
Another thing to consider is the size of your fishing yacht – bigger yacht means more features that can be added. It also means a more complicated system for operating or handling, and could cost more. You should know your options, especially your budget, if you want to have a customized fishing yacht. Having a custom-made fishing yacht will not only give you the features you want on your boat (and suit your personal style), but it can also add more reselling value since it will be treated as a unique yacht. Insurance is also something that should be well thought of, especially since your fishing yacht can become a second home to you. There are other legal matters to take of, as well, such as registering your fishing yacht or documenting it as a United States Flag vessel.
Having a custom fishing yacht that provides that things that you wanted on a boat can make fishing an easier and enjoyable pursuit, and because a fishing yacht is one of the biggest investment you can have, it just makes sense to consider the many options that you have. Make sure you know what you really want and have the budget for it.Read More
It can be difficult to fully determine how a car accident insurance investigation works, since there are many options and factors that can affect the auto accident and insurance claims. These factors include the nature as well as the severity of the car accident, along with the car insurance company that’s involved. Because there are differences in auto claims (such as covering for medical bills or just for property damage), it would be best to understand how the investigation process of the car insurance companies generally proceed.
Immediately after the car accident, an insurance claim should be filed to your auto insurance company. This will inform the insurance company and immediately have someone who will contact you (usually by phone) to inquire more details regarding the accident. This person in usually the insurance adjuster, and will be the one who will investigate the claim in behalf of the insurance company. They will generally clear up or elucidate on the information that you have given and investigate further to better understand how the events occurred. The insurance claims adjuster will be the one who will analyze the policy you have and determine the claims that can be covered, and check if any possible expenses are over your coverage limit.
It is only after the insurance claims adjuster’s investigation will the settlement offer be given. After evaluation of all the necessary details, you will be informed by the insurance claims adjuster whether you have a valid car insurance claim of not. There are cases where the insurance company will pay for the repair of the damaged vehicle (if it is only property damage). On some cases, a settlement offer will be given, which explains the breakdown of all the covered expenses that the insurance company is willing to pay. There are instances where the insurance company covers the full amount of expenses, otherwise a negotiation can be done between you and the auto insurance company.
It is very easy to get confused and overwhelmed with auto insurance claims following car accidents, which is why it is good to ask questions. Do not hesitate to ask about your rights for compensation or to file for personal injury claims from a lawyer. According to the website of the Chris Mayo Law Firm in San Antonio, this is particularly true when dealing with your own auto insurance company, since they are the ones who will be covering for the damages.Read More
Car accidents involving pedestrians are always a traumatic experience; a vehicle speeding at 30 miles per hour could result in serve injuries or even fatalities, and even at a significantly slower 10 miles per hour can already disable a pedestrian. For an injured pedestrian, the best way to make the driver responsible for their recklessness or negligence is to file a lawsuit.
In an event such as a car accident, the first thing to consider (especially to a pedestrian) is to determine who is at fault for the accident – was it the fault of the driver, or was the pedestrian the one negligent, or maybe both parties are at fault. This is an important factor in deciding whether a personal injury lawsuit or wrongful death can be pursued. A great majority of the states rule that the driver should at least have partial fault for the accident for a pedestrian to have a valid cause of a lawsuit.
According to the website of the Woodson Law Firm of Fort Worth, anyone who has been injured due to negligence or recklessness has the right to file a lawsuit. The compensation given to the victim will not only pay for the medical expenses that the injury has caused, but it will also cover for the lost wages of the victim, their pain and suffering, and other damages that the victim and the court deem significant. These compensation awards are meant to make the victim whole again, or as physically healthy are possible.
The laws pertaining to personal injury claims, car accident insurance claims, and other legal matters can differ from state to state. It would be wise to consult a lawyer to help advice the next possible step in filing for a personal injury case. There are injury cases where the victim suffers only minor injuries, and these type of cases does not necessarily require legal representation, however there are cases where the victim suffers significant amount of injuries; this type of cases call for legal assistance.
Pedestrians are extremely vulnerable while they are sharing the road with motorists, and they are more likely to suffer from a more significant injury in a car accident. If you, as a pedestrian, suffered from serious injuries due to a negligent driver, you can learn more about pursuing an injury case. The recovery of compensation may depend on a number of factors (such as insurance policies, limitations, and exclusions) that may need proper legal assistance.Read More
Discrimination in the workplace have been one of the big concerns for business owners, especially since it can make the company’s atmosphere uncomfortable and put the company in danger of having to face a discrimination lawsuit. There are ways that business owners, especially smaller ones, can do to prevent workplace discrimination, so that harmony and cooperation will be shared by all employees. Although it is the company who will be facing the raps for a discrimination lawsuit, it is everyone’s responsibility (particularly the business owners and the managers) to address the workplace discrimination before or while it happens.
There are many types of discrimination that can occur in the workplace, and one of the most prevalent one is the racial and ethnic discrimination. Because the United States is a nation of immigrants, there are a lot people from around the world that come to work in the US, making the workforce a diverse community. This diversified workforce has opened doors to various discrimination offenses. In order for business owners and managers to avoid such discrimination, the company should enforce the policies and regulations about discrimination in the workplace. For more information on immigration law, click here: http://www.jangattorneys.com/.
Foreign-born people who are not yet registered citizens of the United States can find employment in the US if they have the deferred action for childhood arrivals (DACA). This grants the individual a temporary status to become contributing members of American society, providing them equal rights in employment. This also permits the individual protection from workplace discrimination based on their ethnicity or race, from the hiring process until the terms and conditions for working. Because a great majority of workers are from different cultures and races, companies who provide equal employment opportunities and enforce the required regulations and policies on workplace discrimination are lowering the chances of having to face discrimination lawsuits.
Both employees and employers have the duty to learn more about cultural diversity as well as anti-discrimination techniques. This can be done through administering diversity training, and having an open mind and respect regarding cultural differences. Lastly, it is important to report or speak up about any discrimination in the workplace, whether it is to the supervisor or any superiors or to the Equal Employment Opportunity Commission.Read More