Personal Injury Lawyers – How They Can Help You

When you’ve been involved in an auto accident, or have been injured in some way, you may frequently be struck with a feeling of isolation. You do not understand who to ask for support, and this may leave you feeling very helpless. To make things worse, your automobile may well be a complete loss, you may well not be able to work, and you most likely have medical charges piling up. No vehicle, absence from your job and no funds coming in will rapidly cause even the most sane human being feel like they’re going crazy.

If you discover yourself in this sort of situation, you must call a personal injury lawyer. Your attorney is able to be present for you when nobody else will, and he will battle to get you every dime you deserve to help pay for medical bills, vehicle repairs and any added charges you may well have incurred on account of your injuries.

It’s a fine idea to have a personal injury attorney’s info handy in case you ever require it. Needless to say no one thinks about that until they have in point of fact been harmed. However regardless of whether or not you have a attorney’s number on speed dial, you should at all times think to contact an attorney as soon as you are harmed. If you wait, you may lose the chance to discover information that will help you win your suit. When you contact the attorney, advise him or her you have just been injured and you require some assistance. The lawyer will be able to lead you through every stage.

Nearly all personal injury attorneys also know medical personnel they will refer you to so that you will get a full medical exam. Should you have broken bones, these will have to be x-rayed. You need a full checkup from a doctor since you might not be aware of the extent of your accidental injuries for a while after the crash. This is because of the adrenaline pumping throughout your body that hides all the soreness you would ordinarily be aware of. Your lawyer’s physician will evaluate your accidental injuries and will then be able to submit a statement that will be utilized as evidence in your case. At times, should the case goes to trial, the doctor may be called to the witness stand.

Frequently, a lawyer will refer you to a chiropractor every week or more often to be sure you’re being taken care of. This is while he or she compiles and pores over the evidence so they can assemble a rock solid suit. Should the lawsuit be solid enough, the case might never see a court room. That is because insurance companies frequently like to settle; particularly should they feel as though they don’t stand a chance of winning against you and your lawyer.

Employing a personal injury attorney isn’t a thing you to do to become wealthy, although you will potentially secure a lot of money in a settlement, depending on the injuries you suffered through. However, the money you obtain may be utilized to pay off all that debt that is been piling up since your collision.

Car Accident Lawyer – Employ The Best Injury Representative

If you have been in an automobile collision, you may have sustained serious injuries. We all know that medical help can be costly, so why pay for treatment that someone else is responsible for? If you are unsure where to turn after an accident, here are some pointers on how to find the best car accident lawyer and why hiring one is a necessity.

A lot of costs can mount from a single auto collision. Besides potential medical bills, you and your passengers may end up being debilitated for a period of time, which can mean time off of work and lost wages. In the worst-case scenario, there may have been permanent injury and even wrongful death. You will want to enlist the help of an attorney that will fight for the compensation that you deserve.

However, simply knowing that you need the help of an attorney is not enough. Car accident law is something you will want to research before you retain anyone. Upon any recommendations and looking up local firms in your area, seek out any negative reports they may have online. A normal range of negative reports may be about 1-3 per year, as cases have to be lost by someone. If the firm you are considering has more negative reports than this, then you may want to keep looking.

Legal representation can cost a significant amount of money. Be sure to ask about payment plans and all fees that may be charged before you employ anyone. There are plenty of attorneys that will charge based on a client’s monthly salary, while some may only demand an initial fee with additional payments only if your case is won. Consider a few different firms and choose the best services, so long as they are within a price range you can afford.

A lot of car accident lawyers can make great speeches and big promises, but make an effort to see beyond their words. Meet with your potential attorney to see if they are easy to communicate with and comfortable to work with. If you are unclear about any details of your situation, make sure that your retainer is able to answer all questions. Any lawyer should be able to put the complex terms and parameters of law into layman’s term, so know exactly what you are getting for your money.

Looking into a particular car accident lawyer’s track record is a must before hiring one. Find out about the individual’s win/loss ratio by asking about his or her past cases. No point in enlisting the help of someone just because you can afford to. If you are already in need of financial help from your collision that someone else is responsible for, then do not gamble on spending money without getting any.

In the end, a car accident lawyer is not a difficult service to find, as there are plenty depending where you live. It is finding the best representative for your needs and one that you can afford that truly counts. Do your research and base your decision on who is the most upfront and comfortable individual to work with. Finding the best legal representation is as important as the outcome of your case.

Assigning Power of Attorney (PoA) With Confidence

Incapacity planning, ensuring that there’s a strategy in place if you ever become incapable of managing your affairs, is important.

We all know that. Yet, it’s uncomfortable to think about and therefore easy to put off doing.

A key part of incapacity planning is assigning power of attorney (a legal document giving someone else the right to act on your behalf), but it’s also the biggest hurdle. Giving extra thought to who you choose, and what powers they’ll be granted, can give you the peace of mind to complete your plan with confidence.

Choosing your lawyer

Choosing someone you trust to assign power of attorney is essential. Acting as your attorney involves significant duties and obligations. Your attorney’s overarching duty is to act with honesty, integrity and in good faith for your benefit if you become incapable.

The law lays out specific obligations for the person chosen to hold your power of attorney. Among other things, they will:

  • explain their powers and duties to the incapable person
  • encourage the incapable person, to the best of their abilities, to participate in decisions concerning their property
  • foster regular personal contact between the incapable person and supportive family members and friends, and
  • keep account of all transactions involving the grantor’s property.

The attorney or attorneys you choose to act on your behalf should know these rules, and be aware of other rules set out in the act as well.

For instance, they’re expected to ensure you have a will and, if so, know its provisions. The main reason for this is that your attorney must not sell or transfer property that’s subject to a specific gift in the will, unless necessary.

The act also contains explicit instructions regarding both required and optional expenditures. Examples of the latter include charitable gifts where an incapable person made similar expenditures when capable and so long as sufficient assets are available. Your attorney should also be familiar with rules covering how or when he or she can resign, what compensation they may be entitled to and the standard of care expected of them.

Safeguarding your estate

You can also build a second opinion directly into your power of attorney documents by appointing more than one person. If you name two or more people, they’ll need to act unanimously unless the document states otherwise.

A joint appointment provides a level of protection in that any appointed attorneys must agree on all actions, while a “joint and several” appointment grants flexibility, allowing any one attorney to conduct business independently.

Many people choose to appoint the same people or trust companies to be both their power of attorneys and their executors. Although you don’t need to do so, the same list of key traits – expertise, availability, accountability and trustworthiness – apply to both roles.

It’s also possible to limit the powers granted to your attorney. If you’d like your attorney to act only for a specified time period (maybe a vacation or hospital stay) or in respect of a specific transaction (the closing of a real estate deal), a limited or specific power of attorney is worth considering.

In the case of a general continuing power of attorney, many people want the document to be used only if and when they become incapable of managing their affairs themselves.

Although the document is effective when signed, it is possible to include provisions in the document itself that defers it to a future date or the occurrence of a specified condition (for example, the grantor has a stroke). These are sometimes referred to as “springing” powers of attorney.

Whichever way you prepare your power of attorney documents, careful consideration of who you choose as well as availing yourself of available safeguards will help ensure your confidence in your incapacity plan.

Common Mistakes to Avoid

  1. Making a quick decision: Many people name their PoAs without thinking about their choice’s financial capability, much less their ability to get along with other family members.
  2. Assuming family is always the best choice: It’s far more important to choose someone who truly has your client’s best interests at heart.
  3. Waiting too long: If there’s already a question of diminishing capacity, it’s likely too late to make a power of attorney ironclad.
  4. Not reviewing it: Changing life circumstances and new provincial legislation can make an old PoA invalid.

Plan for Incapacity

Your estate plan doesn’t end with an up-to-date will. It should also anticipate possible future incapacity, which usually means preparing powers of attorney for both property and personal care.

Power of attorney, a legal document that gives someone else the right to act on your behalf, has two main types: one for management of property, another for personal care.

Will and estate planners generally advise preparing both types of powers of attorney. While they are often prepared at the same time as your will, they can be created at any time.

Personal care

With a power of attorney for personal care, you can authorize someone to make decisions concerning your personal care in the event that you become incapable of making them yourself.

You can give power of attorney for personal care if you’re at least 16 years old, have “the ability to understand whether the proposed attorney has a genuine concern” for your welfare, and can appreciate that the attorney may need to make decisions.

Personal care includes decisions concerning health care, nutrition, shelter, clothing, hygiene and safety.

Property

A continuing power of attorney for property authorizes someone to do anything regarding your property that you could do if capable, except make a will.

The law says you’re capable of giving a power of attorney for property if you’re at least 18 years of age, know what kind of property you have, along with its rough value, and are aware of any obligations owed to your dependants.

The term “continuing” (sometimes called “enduring”) refers to a power of attorney that may be exercised during the grantor’s subsequent incapacity to manage property. Ensure the document stipulates that you want the power of attorney to be used only if you become incapable.

What you need to know

A continuing power of attorney for property is a powerful document. Unless otherwise stated in the document, it’s effective when signed, granting considerable power.

In fact, the act explicitly requires you to acknowledge this authority can be misused. And, as part of the capacity test for granting a continuing power of attorney, you must also acknowledge the property you own may decline in value if not properly managed.

A financial institution, land titles office or other third party presented with a continuing power of attorney for property with the restriction “effective only in the event of the grantor’s incapacity” will want evidence of the incapacity.

That evidence could be hard to get. One solution is to set out terms of use in a separate document and have all original copies of the power of attorney held by a trusted third party. You could, for example, direct that document be released only if:

  • You tell the attorney you want him or her to start acting;
  • You are legally declared incapable of managing your property;
  • One or more doctors advise that you’d benefit from assistance in managing your affairs; or
  • Certain family members advise the attorney should begin acting.

No direction could be costly

If you fail to prepare power of attorney documents, it may take an application to court before someone can be appointed to make decisions for you. That can leave you scrambling when you’re in no physical shape do so. Having a will doesn’t help because an executor is only authorized to act after you die.

On top of that, court processes can be both costly and time-consuming. Depending on the circumstances, the Public Guardian and Trustee may have to get involved.

You also lose the opportunity to appoint people or companies of your choosing and aren’t able to establish parameters regarding the actions of your substitute decision makers.