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What to Expect from a Personal Injury Case Assessment
If you have been injured as the result of the reckless behavior of another party, you have the right to consult a personal injury lawyer in Tracy or Livermore. It’s a good idea to ask if there are any documents you should bring to your first consultation with your lawyer. To perform a thorough case assessment, your lawyer will likely need to see your medical records. You’ll be asked to sign a medical release form. You can rest assured that your injury lawyer will keep your information in the strictest confidence. Your lawyer may also ask to see your insurance policy, and the police or accident report.
Your personal injury lawyer will ask you some questions about the incident. Provide all the details you can remember about what happened before, during, and after the accident. Using all of your information and relevant documents, your lawyer will weigh the strengths and weaknesses of the case. You’ll discuss whether there is merit to pursuing a lawsuit. If so, your lawyer will identify one or more defendants.
When you choose Bakerink, McCusker & Belden, you can expect comprehensive expertise and reliable counsel. We have assisted numerous clients throughout Tracy, CA, and the surrounding areas, and we are ready to help you as well. During your initial consultation, our personal injury lawyers will evaluate your situation and offer the necessary legal guidance. Following this assessment, we will begin collecting evidence and constructing a strong case on your behalf. Our commitment is to secure the compensation you deserve. Contact us today to schedule your consultation.
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Protecting Your Rights After a Slip-and-Fall Injury
If you fall in a restaurant, retail store, or parking lot as a result of the property owner’s negligence, you might be able to secure compensation with the help of a personal injury lawyer in Tracy or Manteca. Since slip-and-fall cases, also known as premises liability cases, are difficult to litigate successfully, it’s important to get in touch with an experienced lawyer right away. Your injury lawyer will give you invaluable guidance to preserve your legal rights after the accident.
Report the accident right away.
If the accident occurred in a retail establishment, you should notify the manager or owner before leaving the area. Insist that the manager files an accident report noting the important details of the incident. Request a copy of the accident report for your own records. Your lawyer will need to look at this later.
Preserve all available physical evidence.
Physical evidence is crucial in a premises liability case. If possible, take pictures before you leave the scene. Photograph the hazardous condition, such as a wet area of the floor that lacked a caution sign. You could also take pictures of your injuries. Make a note of whether there is a surveillance camera nearby. Ask nearby witnesses to write down their full names and contact information. Later, keep the clothing that you were wearing and do not wash it, especially if it has bloodstains. Preserve all damaged property, such as broken eyeglasses. Keep all of your medical bills and receipts, and retain documentation for all other losses, such as lost wages.
Get a medical evaluation promptly.
In severe cases, you may need to be transported to the hospital via an ambulance. Even if your injuries don’t seem to be too serious, you should go to an urgent care center or ER immediately. It’s important to have a doctor document your injuries promptly to add to the evidence that the fall was the cause of the medical problems.
Do not agree to give a recorded statement.
You may be contacted by a claims adjuster. Avoid answering any questions and refuse to give a recorded statement. Instead, provide your lawyer’s contact information and insist that all questions be directed to him or her.
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Deciding How to Leave Assets to Adult Children
For many people, it’s important to know that they are able to leave a legacy to their children after they die. If you’ve decided it’s time to make your will, you can turn to an estate planning attorney in Tracy or Livermore for guidance. Your lawyer can help you sort through your options for leaving assets to your adult children and other beneficiaries.
Deciding How Much to Give
If you have multiple children, it may be challenging to divide your estate in a manner you feel is fair. Remember that being fair doesn’t necessarily mean giving equally to each of your children. Perhaps one of your children is a successful entrepreneur who doesn’t have as much need of your gift as another child who works for a nonprofit organization. Perhaps you are estranged from one adult child, but another has been a devoted caregiver for you during an illness. You can also consider whether you truly want to leave your entire estate to your adult children. Perhaps you want to leave gifts for your grandchildren, nieces and nephews, and favorite charities. If you wish, you can explain your decisions in a letter addressed to your loved ones, which can be opened after your death.
Consider Giving During Your Life
Leaving a legacy to your adult children can feel personally satisfying, but what if you wish to see your children benefit before you die? Ask your will attorney about planned giving during your lifetime. You may wish to help one of your children start a business or finish a college degree. Planned giving during your lifetime is also a way of evaluating whether your children would handle a large inheritance responsibly.
Establish a Trust
Even the most responsible of individuals can make foolish decisions in the wake of a beloved parent’s death. If you’re concerned about your children squandering their inheritances, consider having your lawyer set up a trust. When you transfer assets into a trust, you can place conditions on their distribution. You may wish to set up periodic payments to your beneficiaries. You could even entice a less-than-motivated child to be a productive member of society by matching distributions with the adult child’s income. If you choose this option, your lawyer will recommend allowing exceptions for disability and retirement.
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What Exactly Is a Personal Injury Settlement?
When you consult a personal injury lawyer near Tracy or Manteca, he or she may discuss the possibility of a settlement. Your lawyer can negotiate a favorable settlement on your behalf. If you accept the settlement offer, it means that you agree not to pursue litigation in exchange for a certain sum of money. You are not legally bound to accept a settlement. If you reject the settlement offer, your personal injury lawyer can take the other party to court.
For more information about personal injury settlements, watch this brief video and consult your injury lawyer. The professional featured here explains that a personal injury settlement can compensate injury victims for their medical expenses, lost wages, and pain and suffering.
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Does Having a Trust Mean You Don’t Need a Will?
Since every person’s estate planning needs are a little different, it’s advisable to consult a lawyer in Tracy or Livermore. A trust is a helpful instrument for minimizing estate taxes, protecting your assets, and maintaining control over the distribution of your assets . However, most people who have trusts will also need to have a will.
Trusts often do not cover every asset that a person has. Drafting a will is a way of bridging the gap to ensure that each of your assets is handled according to your preferences. In other words, your will complements the functions of your trust to lay the framework for a comprehensive estate plan. As your lawyer can advise you, you can use your will to specify preferences beyond the distribution of your assets. Your will can designate a guardian for your minor children, which will go into effect in the event that you die before your children reach the age of majority. You can also use your will to provide for your pets and to name an executor for your estate.
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What Are the Responsibilities of a Will Executor?
A properly drafted will should designate a person to serve as the executor of the estate. In some cases, a will names two people to be co-executors or the document may designate an alternate executor. If you have been asked to serve in this capacity, it’s a good idea to consult a lawyer in Tracy or Manteca. An estate planning attorney can help you understand exactly what your responsibilities will be.
Filing the Will
When an individual dies, his or her will must be filed with the local probate court. The court will determine the validity of the document. The court will also need the death certificate and the petition for probate.
Notifying the Beneficiaries
The document will identify one or more beneficiaries, also known as heirs. It’s the executor’s job to locate the beneficiaries and mail notices of the probate to each of them. Likewise, you’ll need to provide notice to each of the decedent’s creditors.
Identifying and Managing Assets
During the probate process, it’s the responsibility of the executor to safeguard the estate property. You may need to open an estate bank account and obtain an IRS identification number. You’ll need to track down each of the decedent’s assets, including bank accounts, investment accounts, and real property. Prepare a complete inventory of the estate assets, including professional appraisals as necessary.
Satisfying Liabilities
It’s common for individuals to die with outstanding debts. It’s your job to identify all of these liabilities and use the estate assets to satisfy them. You’ll also need to close open accounts, such as credit cards, and cancel outstanding contracts or leases.
Distributing Assets
Once the decedent’s debts have all been satisfied, it’s time to distribute the remaining assets in accordance with the specifications of the will. First, you’ll need permission from the court to distribute the assets. Obtain and save receipts for the transfers of all of the assets. You’ll need to file these receipts when you request that the court officially release you from your duties as an executor.
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Getting Help for Speech Problems After a Traumatic Brain Injury
Traumatic brain injuries (TBIs) can cause significant deficits across multiple areas of functioning. Patients with severe TBIs often require intensive therapy, including speech therapy. It’s important for these patients and their families to contact a lawyer in Tracy or Livermore as soon as possible. A personal injury lawyer can help families recover compensation to pay for these essential therapies.
When you watch this video, you’ll learn more about speech therapy and the importance of having an injury lawyer seek compensation on your behalf. The speech therapist interviewed here explains that the recovery process is unique to each patient; it’s difficult to predict exactly how long a patient will be in therapy. The attorney may need to consult the speech therapist regarding the patient’s anticipated future therapy needs.
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Attaching Conditions to Inheritances
When drafting your last will and testament in the Tracy or Manteca area, you may wish to bequeath gifts to your loved ones. Unfortunately, not every heir makes wise financial decisions upon receiving an inheritance. There are ways of attaching conditions to inheritances that dissuade heirs from squandering their newly acquired assets. Talk to your attorney about this approach when you draft your last will and testament.
Your lawyer may suggest moving assets into a trust. You can then appoint a responsible trustee to distribute the assets to your heir in a fiscally prudent manner. The trustee will have the final word on whether to accept or reject the heir’s spending requests, although you can provide guidance on this matter. Another option is to establish a regular flow of money from the trust to the heir. For example, the heir could receive a certain percentage at age 18, another payment at age 21, and so on. You can even attach incentives to the inheritance. A trust may only make payments when the heir enrolls in college, graduates from college, or completes an addiction recovery program, for example.
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Addressing the Issues of Estate Planning in a Blended Family
Every adult can benefit from seeking estate planning guidance, but for blended families, it’s particularly important to consult a will lawyer in Tracy or Livermore. Blended families pose unique challenges to estate planning. A second marriage may mean that children from the first marriage are inadvertently disinherited, for example. The situation can become even more complicated when an adult child of a blended family has multiple remarriages. Since every family’s situation is unique, it’s best to seek personalized advice from an experienced estate attorney.
Reviewing Beneficiary Designations
One suggestion your estate planning attorney may make is to review all of your beneficiary designations. Beneficiary designations are significant because not all assets pass through probate. Some, like life insurance policies, are left to the beneficiary as designated on the policy documents; the last will and testament cannot overturn this designation. If you remarry, you may wish to remove your ex-spouse as a life insurance beneficiary and instead designate your current spouse.
Itemizing Family Heirlooms
Family heirlooms and other items of sentimental value can become a point of contention in probate disputes. Children from a former marriage may feel excluded when the most recent spouse and youngest children select items they wish to keep. It’s a good idea to have a discussion with each heir about the family keepsakes that matter most to him or her. The youngest child may want the family piano, for instance, while an adult child might prefer to inherit the family history records. Listing these items and designating an heir for each when drafting the will is an effective way to curb future disputes.
Considering Premarital Agreements
There are limits as to what premarital agreements can accomplish with regard to estate planning. However, some blended families may have a concern that the long-term care needs of a new spouse may deplete the family inheritance. A premarital agreement prior to a remarriage can specify the obligations of each spouse to pay expenses and maintain insurance coverage for long-term care needs.
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When Is an Owner Responsible for a Dog Bite?
Dog bite law varies from state to state. It’s advisable to consult a personal injury lawyer in Tracy or Livermore to learn how the laws will apply to your particular case. Your personal injury lawyer will ask you some questions and review any available evidence to determine if you were bitten by someone else’s dog on public property. If you were bitten on private property, you may still have a case as long as your personal injury lawyer can prove that you had a lawful right to be there.
California is a strict liability state regarding dog bite cases. This means that your injury lawyer must prove that the dog did indeed inflict damages, but does not need to prove that the owner had previous warnings that the dog would behave aggressively. Even if the dog has never bitten anyone before, the dog owner could still be held liable for the medical bills and other damages.
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