Sunday, December 04, 2005

Questions To Ask A Personal Injury Lawyer During Your Consultation

If you have been hurt in an accident, you should speak to a lawyer as soon as possible after your accident. Although you may have a longer period of time to file a lawsuit, you may have rights to many claims which can be lost if you do not file the proper paperwork which may need to be filed within days of your accident. Some of these rights are claims for medical bills, transportation expenses, household help, lost income, disability payments, property damage and compensation for your injuries. Sometimes, claims must be filed with more than one insurance company and if a claim must be filed with the government agency it usually must be filed within days of your accident.

Do not speak to any insurance company which is not your own and do not give any taped statements until you speak with a lawyer. If you are asked to give a statement, simply ask for the name and phone number of the person requesting the statement and tell them you will call back. Since you must report an incident to your own insurance company immediately, you should call a lawyer immediately.

Q: Is this consultation given without charge to me?

About Your Rights:

Q: What rights do I have that need to be protected?

Q: Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering?

Q: What do I have to do to protect my rights to these claims? What forms and papers do I need to obtain? Where do I get these forms? Will you fill out all the forms for me? If needed, will you help me with my medical claim? If needed, will you help me with my property damage claim?

Q: What claim letters need to be sent; how many insurance companies must be notified? Will you do this for me?

About determining whether you want to hire a specific lawyer?

You may feel nervous when hiring a lawyer, but remember that you are the one doing the hiring. While lawyers who primarily represent people in accidents charge a contingency fee (a fee that is charged at the end of the case and only if you are successful) you will still want to know that you are satisfied with your choice. Even though you pay a fee after you receive a money award, you are the one paying the bill. Serious injuries can result in significant compensation for both you and your lawyer. That makes you an important client!

Q: If I have a question about my case, will I be able to speak with you directly or do I have to speak to a paralegal? Is it okay if I speak with you occasionally when I have a question or to find out the status of my case?

Q: How long have you and your law firm been practicing law?

Q: Do you practice primarily in the field of Personal Injury and accidents?

Q: Is my personal injury case considered a subspecialty and do I need a different lawyer who handles this type of case?

Q: Do you have professional liability insurance? (Professional liability insurance also protects you, the accident victim, in case an error is made that damages your case.)

Q: When will I be charged? (Personal injury lawyers usually charge a contingency fee. A contingency fee is one that is charged at the end of the case and only if you are successful. This allows anyone who has been hurt in an accident to have easy access to a lawyer.)

Q: How much will I be charged?

Q: Will I be charged a legal fee if you do not recover money for me?

Q: Am I responsible for case expenses if you do not recover money for me?

Q: What are my alternatives to resolve my claim? Do you ever utilize mediation and arbitration?

Q: Have you or your law firm done any trials?

Q: (If married) Is my spouse entitled to any of my settlement or money awarded? What happens if I get divorced?

Q: (If a child is injured) Which parent will bring the claim? Are the parents entitled to any money? Which parent will be entitled to receive the money? What happens to my child's settlement money?

About the Author: Philip L. Franckel, Esq., is the founder of http://www.HURT911.org an accident and injury research web site for people hurt in an accident and personal injury lawyers. Mr. Franckel also publishes articles on Lawyer Advertising at http://www.Lawyer-Advertising-Blog.com and provides advertising for lawyers at http://www.HURT911.org/getclient.php

Six Common Criminal Types and How to Avoid Them

"An ounce of prevention is worth a pound of cure" that saying is as true for crime, as it is for health. After taking literally thousands of reports over the years I spent as a police officer; I found that a lot of crimes that had happened could have been prevented. The easiest and most effective way of dealing with crime is not be a victim of it in the first place. This is easier said then done, and no matter how cautious you are you can still be a victim. Nothing will give you a 100% guarantee; however, there are things you can do to at least limit your odds of being a victim. But first; you have to know what you are preventing yourself from, in order to know how to prevent against it. This article will in general show you some of the common criminal types, and give some suggestions on how to avoid them. I have made up my own classifications for these people based upon my experience as a police officer.

Passive thieves:

Passive thieves are those who steal but are not aggressive towards their victims. They prefer their victims not to be around. These people usually are the ones who will break into your car, home, business etc. They are impulsive and really do not think much about the penalties they will face if they get caught. Sometimes they pre plan to do a crime, but other times they see an opportunity and go for it. For example: a thief is walking through a parking lot and sees a laptop sitting on the front seat of a unoccupied vehicle. Next thing you know the window is smashed and the laptop is gone. Now the thief didn't preplan to take the laptop, or to target that particular vehicle. They just saw an opportunity and went for it, without even thinking for a second about who the victim is, or what will happen to them if they get caught. Some of the common items they steal are cash, checks, credit cards, purses, laptops, or if they break into your home they will also target: desktop computers, TV's, VCR's, DVD player, tools, jewelry, basically anything they think they can turn into cash. These types of criminals are some of the easiest to deal with from a preventative nature. Because they are always looking for an easy opportunity, your best defense is not to give them one. Some of the common things people (potential victims) inadvertently do which create easy opportunities are listed below.

* Leaving their keys in the car
* Leaving the house unlocked
* Leaving the car unlocked
* Making it obvious that they are gone for an extended period of time
* Leaving valuables in the car that are in plain view
* Leaving their vehicle running while unattended
* Leaving their purse in the shopping cart while shopping

These are just a few examples to give you the general idea. In my book "Crime Awareness 101" I cover the above bulleted items in much greater detail. I also break down 11 specific crimes and give more preventive tips, and I include what to do after the fact.

Aggressive thieves:

These types of criminals are much more dangerous and much harder to prevent against. They mostly focus on doing armed robberies, and expect their victims to be there. They are violent in nature and very unpredictable. They care nothing about the victim, and lately it appears that they are more then willing to kill. The do pre plan their crimes somewhat but not usually very well, their main tool of control is their intimidation, and the weapon they carry. Even without a weapon they can be dangerous and will fight ferociously. They usually won't stay around long if they are just robbing a business, or an individual on the street. However; if they take the victim somewhere or get into get them in a insolated area, then the crime may turn to rape, aggravated assault, or murder. Here are some activities, which may invite this type of problem.

* Not being aware of you surroundings
* Being alone late at night, or in unsafe areas
* Displaying large amounts of cash or valuables
* Working at convenience stores, or gas stations.
* Letting people in your home that you do not know.

In my book "Crime Awareness 101" I give detailed explanations about the above bullets, and what to do about it.

Passive Assaulters:

These are your date rape type. They are not actively aggressive however they are sneakier. They preplan their attacks, or take advantage of someone who has put themselves in a vulnerable position ( for example someone who is passed out from intoxication or drug use). They will appear to be your friend and then slip something in your drink (date rape drug) to knock you out, where they can then take advantage of you. The unfaithful business traveler can also fall victim to these criminals. Only this time it will be an attractive female who acts as if she is attracted to him. When they get alone she will slip something in his drink to knock him out and then rob him. Usually the unfaithful business traveler is too embarrassed to report this type of crime so you don't hear about it much. The date rape criminal is the one you need to be concerned about. In my book "Crime Awareness 101" I give a complete explanation on date rape and what to look for including the following topics:

* Potential date rapist behavioral signs that should raise a red flag
* Circumstances that are favorable to this crime and how to avoid them
* Preventative tips for both rape and date rape
* Suggestions of what to do when confronted with a rapist

Alcohol induced troublemakers:

These types of people are normally pretty descent people, but when they drink they become a monster. We had one person who was huge, strong as an ox, and when he drank look out it was going to be fight night. We would always have to wrestle with him, once we had him cuffed and in the back seat of the car. He would sit and smash his head against the plastic divider so hard that he would cut it open, and then off to the hospital we would go. Once he got into a cell he would do the same thing against the cell wall cutting his head open and again off to the hospital we would go. Usually arresting him meant a fight, two trips to the hospital, and having at least three officers tied up for hours. Yet when he was sober he was the nicest guy, alcohol just made him extremely violent. Of course he mixed a few drugs in there too, but alcohol was the main cause for his violence. You will encounter these types at the bar, sporting events, large parties, and unfortunately sometimes weddings. The best defense against these types is just stay clear of them, and don't get into any confrontations with them.

Silent Assaulters:

These are typically your domestic violence types. They are outwardly pretty meek and mild, where most people that know them outside of the home would never think they are domestic abusers; however, inside the home structure they are very controlling, and that control is enforced through physical assaults and psychological degradation. I remember one incident where a woman was severely beaten by her live in boyfriend. She was surprised that she ever got into this situation. She stated that she was an educated professional woman, and her abuser was a well-educated man making a six figure income. According to her, he is kind off a geek that nobody would give a second thought of as far as being a threat. However, he beat her so badly that she was hospitalized with a closed head injury. It's very important to really know the person you are getting involved with. Many times red flags will appear early in the relationship that are signs that the person could be a domestic abuser. I have written a complete section on domestic violence which is covered in my book "Crime Awareness 101." In that section I talk about what to look for, preventative measures to take, the cycle of violence, plus what to do when you are a victim. I also list numerous support groups and other resources.

Thinkers:

These are criminals who are better known as con artists. They pre plan their scams and are usually very good at them. They are normally non-violent, very good at getting your trust, and talking their way out of situations. They offer free trips, discounted services, money, etc., whatever they offer its just front to get you interested, in the end they are going to take your money. They may also pose as your Medical Insurance carrier, Bank, Credit Card Company, etc, and con you into telling them your personal information. These con artists attempt their scams in person, over the phone, and through the internet. In my book "Crime Awareness 101" I wrote a chapter on scams which list some of the more common scams and what to look out for. In the members area of my website http://www.crimeawareness101.com I list, and consistently update even more scams.

Copyright © 2005 Scott Shaper

Scott Shaper is a former police officer with over fourteen years law enforcement experience. He is also the author of the book "Crime Awareness 101", and the operator of the website, http://www.crimeawareness101.com. Visit his site for more crime prevention articles and information about his book.

Domestic Violence: The Facts Behind the Myths

Domestic Violence is one of today's most common assault type crimes. It seems as if almost everyone either knows someone who was, or is a victim of domestic violence. Or, they either are, or were a victim themselves. There are a lot of myths associated with domestic violence that unfortunately are grossly misleading. In this article, I am going to address some of those myths and attempt to set the record straight. Who am I, and what qualifies me? Well, I am a former Police Officer of over 14 years, and I am the author of the book "Crime Awareness 101." Throughout my career as a Police Officer, I have dealt with a lot of domestic violence situations, and have seen first hand what this crime does to both its direct and indirect victims.

"Domestic Abusers are extremely violent people"

Though some domestic abusers are extremely violent people, they are actually the minority. Most of the domestic abusers we arrested never resisted or fought with us. Why? Because domestic abuse isn't about violence. It's about control. The abuser wants to control their victim, and this control is enforced through physical violence, but the underlining fact is control. This is why they will not fight with the police, because they know they will not gain the control. Another example is say the abuser is at work, and his superior (who may even be a woman) asks him to do something that he may not want to do. He doesn't beat the superior up because he doesn't have the control. Yet at home, behind closed doors, he wants and gains the control. This is a difficult concept for many to understand. To help explain this better, I have listed a few common control issues found in domestic abusers.

* Monitoring the victim's comings and goings in great detail.
* Isolating the victim from family or friends.
* Discouraging the victim from working, joining organizations, attending school, or leaving the house.
* Constantly accusing the victim of being unfaithful.
* Belittling or humiliating the victim.
* Controlling all finances and forcing the victim to account for what they spend in detail.
* Destroying personal property or sentimental items.
* Threatening to leave with the children or saying they will never see the children again.

As you can see domestic violence is a control issue. Actually the psychological damage done by this type of behavior is much greater then the actual physical abuse.

"Domestic Violence only happens to poor people."

Domestic Violence has no boundaries; it affects all levels of income. I had one case where the domestic abuser was an educated male who made a six figure income. His victim (former live in girlfriend) was an educated female who made a nice income herself. They both had good jobs, and lived in an expensive condo. Well, he had beaten her so badly that she was hospitalized with a closed head injury. Talking with her later, she stated that she could not believe she found herself in this situation. She stated that her abuser was a white collar worker who actually appeared on the outside to be a harmless geek. In fact, her friends couldn't believe he was capable of this. A few days later, we were called back to the residence to stand by as peace officers while the woman packed up her stuff and moved out. During the time that we were there, I noticed how she couldn't stop trembling. She was so afraid that her abuser would come back, and attack her while she was there. This was in spite the fact that two Police Officers were with her the whole time (remember this was many days later). What is sad this was not the first time she was abused, but hopefully with her leaving, it will be the last. In case you're curious... yes, he was arrested.

"Alcohol drug abuse, stress, and mental illness cause domestic violence"

This is not true, but is commonly used as an excuse from abusers who try to pardon their actions, and unfortunately their victims buy into this. Alcohol use, drug use, and stress do not cause domestic violence; they may go along with domestic violence, but they do not cause the violence itself.

"Domestic Violence is a personal problem between a husband and wife"

Domestic violence goes way beyond just the two immediate people involved. Look into a child's face that sees this violence everyday. Then go visit that child about 10 to 15 years later and see what they have become. If they are male, they will most likely become domestic abusers themselves. If they are female they will most likely become domestic victims themselves. Why? Learned behavior; this was their environment growing up, and to them, this is just acceptable behavior that people do. It takes a very strong person to come out of that type of environment and not have it become part of their adult lives. A child who lives with domestic violence will never forget it.

"If it were that bad, she would just leave."

Leaving a domestic violence situation is not so easy. Many times children are involved and the victim may not have any financial means of supporting themselves. Not only that, but they may fear that they will be killed if they leave. As strange as it may sound, some have a real psychological bond with their abuser, and just won't leave. I have had many instances where we arrested an abuser and the next morning his victim is begging us to release him and recanting her story. This is one of the reasons why the law has changed in many states. Now it is the state, not the victim, who prosecutes the domestic abuser.

"I can change him."

This thought is the worst. For anyone who thinks this, read the following carefully: NO YOU CAN'T! I have heard this so many times, all from victims who are beaten time and time again. Domestic violence is way too complex for any one person to handle, or fix. You have to either escape it, or have some sort of professional intervention. I would highly recommend escaping it. I have yet to see anyone who has stated this, ever change their abuser.

In closing I want to make one point clear. Even though in this article I referred to males as being the abusers, females can be abusers also; it is just not as common. In my book "Crime Awareness 101" I go much deeper into domestic violence. I address the law, the cycle of violence, and some domestic violence traits to look out for early on which should raise a red flag. I also list numerous resources of agencies that are devoted to helping victims of domestic violence. I also cover many other crimes and crime related topics, for more information, or for more articles on criminal behavior go to http://www.crimeawareness101.com.

Copyright © 2005 Scott Shaper

Scott Shaper is a former Police Officer of over 14 years. He is also the author of the book "Crime Awareness 101". For more information about his book, or to read more articles he has written please go to http://www.crimeawareness101.com.

Saturday, December 03, 2005

Save Your Identity

The warning signs can start innocently enough that you don't even recognize them as being warning signs of impending doom. Perhaps it's a letter from your credit card company about a credit application. It might be a call from your bank inquiring about your application for a line of credit. Do not be fooled into thinking these are innocent mistakes. Large financial companies do not make innocent mistakes anymore when it comes to your credit.

As soon as these things start occurring, recognize them for what they might very well be telling you. You have been the victim of identity theft and the thief is attempting to purchase goods and services, running up large bills and debts only to leave you to pay the cost of the party.

Identity theft is unfortunately all too common, being listed as the # 1 consumer complaint with the Federal Trade Commission. Nearly seven million people were victimized in 2003, representing an 80% increase over the previous year. Even worse, only a small portion of the thieves are ever prosecuted, even when the police are certain they know who the thief is. The reason for that is because most cases require that a witness see the suspect filling out a credit application or signing to receive goods in the victims' name.

What can you do when the first signs of identity theft start trickling into your mail box or answering machine? Here are 5 actions you can do in an attempt to minimize the impact the theft will leave on your own good name.

Step 1: Damage Control.

You have to start doing Damage Control at the very first sign that you might have been the victim of identity theft. As soon as you receive notice about credit applications you know you have not inquired about, notify the local police and file a report that you believe your identity has been stolen. If your purse was lost or stolen, you should have done this immediately. Get that report on file because it is important to have documentation if there is to be even a small chance your impersonator will be prosecuted.

After the police report, you need to contact the three major credit reporting agencies (CRAs) and the Federal Trade Commission. The box below gives you the necessary information.

Federal Trade Commission
(877) ID-THEFT

TransUnion - Fraud Victim Assistance
POB 6970
Fullerton, CA 92834
(800)-680-7289
www.transunion.com

Equifax - Consumer Fraud Division
POB 740256
Atlanta, GA 30374
(800) 525-6285
www.equifax.com

Experian - Consumer Assistance
POB 2002
Allen, TX 75013
(888) 397-3742
www.experian.com

By contacting them about the false credit applications being made in your name, you will activate fraud alerts on your credit file. This is supposed to prompt lenders to inform you of any new requests for credit, giving you a chance to explain it was an identity thief, not you. Sometimes this works. Sometimes it does not and the credit company goes ahead and gives the thief credit in your name.

You should check your credit reports from each of the three bureaus to look for items that are not of your doing. Even if there is no fraud evident, you will want to be watching your report at least every other month for the next six months. If you see signs of unusual activity, or the fraud alerts work and you begin to receive calls from lenders, contact the lenders and credit extenders and explain it wasn't you. If the impersonator visited them in person, ask them for a description. Then move onto:

Step 2: Understand that Reality Bites.

After you receive the second notice of someone seeking credit in your name, or see any unusual activity on your report you need to:

A. Re-contact the police about this theft

B. Call the CRAs again to renew your fraud alerts which can expire in 90 days.

C. Request copies of your report from each of the CRAs. A fraud alert is supposed to notify all three to send you a report without cost, but make three separate requests to make sure you quickly receive each CRA report. If need be, hound them until they hand over what by law they are required to provide you because of your fraud alert.

Step 3: Get Busy.

Statistically, recovering from identity theft can take more than 600 hours of effort on your part to clear your name. Much of that time will likely be spent in that never-never land of a company's telephone-hold pattern listening to their music selection. Another big chunk of time will be spent explaining and correcting, re- explaining and re-correcting and maybe needing to go over for a third time matters you had though corrected or already explained. For every action you take, you must keep a precise log of action, the details are highly important. Just as it was important for you to notify the police immediately upon recognizing you were facing identity theft, you must deal with all the companies that think you owe them money as soon as you are aware of them.

Using a spreadsheet chart with headings like "Company", "Date", "Representative", "Time Spent", and "Response" will help you keep track of whom you talk to, about what and when you spoke. Good record keeping is vital. Whenever you write, send the letter certified mail, and staple the confirmation receipt with your other records. Another advantage of the certified letter is the time stamp. Credit reporting agencies are required to respond within 30 days - it's the law. That time stamp on the envelope, and the fact the CRA signed for the letter improves your chance of a quick response. You need to take as much control of the situation as possible.

One important part of this step is to take care of yourself, do a weekend getaway once in a while if you want. The thing is to recognize that a sense of helplessness and loss of control is common when going through an identity theft situation. Deal with the feelings when they occur, take a break from the ordinary routine as needed, try to relax on occasion and not let the situation run away with you.

Creditors are likely to start hounding you, demanding payment for goods you never bought. Your assertive actions, such as placing the fraud alerts with the CRAs, reporting to the police, and keeping track of all contacts with creditors will help you clear your name. It will also help you prove to the creditors that you do not owe them the money your impersonator stole from them.

Step 4: Fix what's broken.

Be diligent in your activity. Do not let the blockheadedness of credit company representatives get you down; the burden of proof is on you to show that you did not order those goods. Keep calling, emailing, and sending certified letters repeatedly until you get all the false information removed from your credit report.

If this happens to you, always identify yourself as a victim of identity theft and supply the company with a notarized ID Theft Affidavit available at www.ftc.gov. Becoming a criminal reporter will help as you piece together what the thief has done by asking as many questions as you can.

Step 5: Recovery.

Does anyone truly recover from an ID theft experience?

Looking at your credit report from the three bureaus at least once a year is important for everybody to do. For a victim of ID theft, it is imperative. Starting December 1, a nationwide system of fraud detection and alerts will create procedural standards CRAs must follow when a consumer reports an incident of identity theft. By September 2005 everyone will be able to request a free credit report once a year.

In the event that you are ever the victim of identity theft, by being proactive you may be able to shorten the duration of your recovery. If you are fortunate enough to live in California or Texas, state law allows identity theft victims to freeze their credit reports. This means a bank or creditor has to request permission via a PIN number from you.

Credit report attorneys warn against failing to stay vigilant, though. The danger is that negative data can return to your credit report, so do not assume that once fixed, the problem will stay fixed for good. Keep checking your credit reports at least once a year just to make the past problems do not return to haunt you in the future. Fighting to clear your name takes time, effort, and expense on your part. The good news, though, is that you can get all the fraudulent accounts closed, the black marks removed from your credit report, and resume some semblance of normalcy in your life. There is no guarantee that these actions will work, that depends on your persistence and good fortune. However, not taking these steps will guarantee you many years of misery, excessive interest rates, denied credit and mental anguish.

Roger Sorensen

America's Financial Guide can be found at ==>http://www.Slave2Work.com Subscribe to Money Basics via http://www.slave2work.com/ezine.html

Wednesday, November 16, 2005

Sunday, November 06, 2005

Never Overpay Legal Fees Again

Do you visit one website after another looking for legal answers? Hoping if you find the right information, then you won't have to hire a lawyer?

Have you ever had to make a decision about yourself, family or friends that you weren't sure was legally right or wrong? So you made the decision anyway hoping that it wouldn't come back to haunt you?

Have you ever been turned down by 'free' legal clinics or legal aid because you made too much money? But you couldn't afford a private attorney?

Read More: http://www.freelegalebook.com

Thursday, November 03, 2005

Last Will Shop

The Legal Will Kits of the Last Will Shop are so easy-to-use they could be filed out by a child in grade school. Their program is written in Microsoft Word, write in your info and hit the tab key to go to the next blank. They have six standard forms for most USA customers and six for Canadians plus two living wills.

Last Will Shop

The Truth About Wills and Probate

"The Truth About Wills and Probate" is an instant ebook that was written to explain what laws to look out for and to explain what you can and cannot change. Abraham Lincoln once said: "Lord, give me the courage to change that which I can change, the tranquility to accept that which I cannot change, and the wisdom to know the difference between the two".

The book gives you the knowledge and wisdom to know what you can and cannot change. It gives you the peace of mind and confidence that comes from knowing who will receive your property and who will have custody of your minor children when you die.

How to Register a Company

by Jakob Jelling

Make sure you've chosen the best name for your company first!

If you're wondering how to register a company, you're not alone. Hundreds of thousands of people try to start their own businesses each year, and often they end up having more trouble than they should just because it is difficult to register a company if you are unfamiliar with the process. It would be nice if there was a simple, universal guide to registering a company - unfortunately, that is more or less impossible. Company registration is different in every country in every part of the world. Not only that, but it is subject to legal changes at any time.

The first thing you need to do, no matter where you are, is to make sure that there are no registered companies with your chosen name. If there are, you'll have to choose a new name. If there aren't then you're ready to move onto the next step. When you choose your company's name, make sure that it is short, and preferably something memorable - the more your name is memorable, the more likely it is that you'll get word of mouth business from people.

If your company is going to operate on the internet, then you should also check to see if the domain names that you would want to use are already taken. Essentially, if they are already taken and you think that it would be too hard to purchase the domain, then you should probably think about changing your company name. The best domain names, after all, would just be the name of your company, since these are the easiest to remember.

Once you decide on a company name, you need to make sure that you get all the proper forms. By registering as a company, you can get a lot of benefits that you wouldn't have if you were just selling things on your own. For instance, you'd be able to get a business credit card, and you could benefit from the help that some small businesses are eligible for.

Finally, even if you are going to register your company in the United States, you should also pay attention to the different rules for each state. You may want to choose which state to register in based on what the rules and restrictions for that state are.

Copyright © 2005 Jakob Jelling

About Jakob: Jakob Jelling is the founder of http://www.cashbazar.com. Visit his website for the latest on personal finance, debt elimination, budgeting, credit cards and real estate.
Contact the author

Legal Forms

Excellent corporate Legal Forms, Financial Plans pre-formatted and Wills & Trusts, you can download here