Blog Posts
BANKRUPTCY PETITION PREPARERS
Bankruptcy petition preparers offer an option sort of like a guy in a trench coat selling wrist watches. Bankruptcy petition preparers are not attorneys but offer ‘document preparation services’. With a word processor and a computer, pretty much anyone can create a pile of paper. But a troublesome issue looms […]
Life Expectancy Tables In Personal Injury Cases
Life expectancy tables provide key information in evaluating some personal injury cases. The tables give a statistical perspective, a number, telling us how long any given human being can be expected to live. One of the most often overlooked elements of a personal injury case calculates long term potential damages […]
Debt Collectors and Bankruptcy Violations
Debt collectors must stop after a bankruptcy filing or they commit one of several bankruptcy violations. It doesn’t matter whether it’s a chapter 7, chapter 13 or other chapter. The filing of a bankruptcy creates what is called an automatic stay. Collection stops because the U.S. Bankruptcy Code imposes the automatic stay with […]
Cell Phones and Accidents: Is Legal Cell Phone Use Negligence?
Motor vehicle accidents happen more often than not due to driver inattention. Jabbering on the cell phone, texting, eating, drinking, turning to communicate with passengers, daydreaming and many other distractions reduce driver attention. Unfortunate but true, tragedies like this are not uncommon. More people are using phones every day as […]
SNOW AND ICE PERSONAL INJURY CASES
Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery. Fault must be established on […]
BANKRUPTCY: Is ADHD A Defense Against Not Disclosing All Assets?
Bankruptcy filing requires truthful, complete disclosure of all assets, income and debt. But, the bankruptcy petition, schedules and other forms go on for pages, presenting many questions and issues. One debtor claimed the medical condition of ADHD (Attention Deficit Hyperactivity Disorder) prevented him from comprehending everything. He claimed his failure to include […]
DISPOSITIVE MOTIONS – MOTIONS FOR SUMMARY JUDGMENT, Etc.
Many cases go to the legal graveyard due to dispositive motions. Dispositive motions seek to dispose of, get rid of, the entire case or sometimes just certain issues in a case without trial. Dispositive motions include motions for summary judgment, motions to dismiss and motions for judgment on the pleadings. Motion to […]
LIENS ON PERSONAL INJURY CASES
Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have […]
Independent Medical Examination in Personal Injury: the “IME”
Independent Medical Examination is anything but independent. The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes. So, the correct […]
AUTO INSURANCE IN MASSACH– USETTS
Car accidents cause trauma. Those injured wonder why they suffer again when they try to figure out auto insurance. PIP Massachusetts law includes ‘no-fault’ auto insurance. This means that under the ‘PIP’ or Personal Injury Protection coverage of your own insurance policy, regardless of fault, your insurance pays up to $8K of your medical bills. There are […]
