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Can a Parent File a Personal Injury Claim for a Child?
Parents of children who have been injured as a possible result of someone else’s negligent or reckless actions should consult a personal injury lawyer in Tracy or Manteca. A personal injury lawyer will review the case to decide if it is appropriate to pursue damages. Since the rules of statutes of limitations are different when applied to children, it is possible for the child to wait until the 18 th birthday before filing a lawsuit on his or her own behalf. However, a guardian ad litem can also file a lawsuit on behalf of a minor child prior to the 18 th birthday. Usually, the appointed guardian ad litem is the natural parent of the child.
Many lawsuits resolve with settlement arrangements. If the personal injury lawyer negotiates a settlement on behalf of the minor child, then the court must approve this settlement before it can be finalized. The injury lawyer will file the minor’s compromise petition with the court to seek a court order approving the settlement.
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A Closer Look at Advance Directives
An advance directive does not deal with your finances, but it’s still an important component of estate planning. When it’s time to visit an estate planning attorney located in Tracy or Manteca, you can have him or her create your advance directive along with your last will and testament. This legal document informs your family members and healthcare providers of your healthcare preferences in the event that you are no longer capable of communicating these preferences.
In an advance directive, your attorney could explain that you prefer to accept or refuse life-extending medical care. Use this document to specify your preferences regarding tube feeding, artificial respiration, and dialysis. If your heart rate or breathing stops, medical providers will need to know if you want to be resuscitated. If not, this is often referred to as a DNR, or a do not resuscitate order. Along with your advance directive, consider establishing a durable power of attorney for healthcare. This is a legal document that designates a healthcare proxy, which is a person whom you entrust to make healthcare decisions on your behalf if you are no longer able to. Your healthcare proxy will follow any preferences specified in your advance directive.
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Financial Considerations When Hiring a Personal Injury Attorney
Personal injury cases encompass events such as auto accidents, slips and falls, and dog bites that occur due to owner neglect. If you have been injured in an accident, a personal injury attorney near Manteca can help you pursue monetary reparations for your accident. There are several financial considerations that may arise due to a personal injury you have suffered. Together with your injury lawyer , you will assess the effects of the accident on your life to determine the total amount of reparations you wish to request. Financial reparations can be used to pay for medical bills, property repair or replacement in the case of an auto accident, and even funds you have lost due to time you took away from work. You can also choose to seek financial reparations for emotional stress or trauma.
Personal injury lawyers specialize in helping clients pursue compensatory damages after an accident or injury. If you have suffered a wrongful injury that has affected your finances and mental wellness, pursuing a personal injury case with the help of an experienced lawyer can eliminate the short- and long-term financial burdens you have faced.
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Questions to Ask Your Personal Injury Attorney
A personal injury lawyer near Tracy is your best resource for handling a personal injury case. If you have suffered in an auto collision, slip and fall, or other type of accident, it’s vital to understand your rights and the reparations to which you are due. Before hiring an attorney to handle your case, it’s important to ask a few questions to ensure the legal help you choose is appropriate for your needs.
Do You Specialize in Any Specific Area?
Personal injury lawyers often choose to specialize in one or more areas of injury law. While any personal injury attorney can technically handle your case, it’s best to seek the help of a lawyer with experience in the type of accident or injury you have suffered. When your lawyer understands exactly the situation you are facing and how it has affected you, he can better counsel you on your options and provide the accurate and supportive representation you deserve.
How Many Attorneys Will Handle My Case?
Law firms often employ several attorneys to handle client cases; if your case will be handled by several individuals, it’s important to understand this from the start. You may wish to meet with every attorney assigned to your case to get a better idea of the team that will be helping you, as well as ensure you are comfortable with the way in which your information and case will be handled.
How Long Do You Think Resolution Will Take?
Medical bills, missed work, and more can all become significant financial burdens. The legal process can be difficult to predict, but your accident attorney may be able to give you an estimate for how long you can expect your case to take, based on your specific case and his experience in similar situations. This estimate can help you plan for your short-term financial future based on how long you may need to wait before you receive the compensation you are expecting.
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Working with a Trust Administration Attorney
Have you been chosen to administer a trust near Tracy and Manteca? If so, you need an attorney who is experienced in estate planning.
Being appointed to administer a trust may seem daunting, and there are many tasks you will need to perform. It is your responsibility to work with a lawyer to ensure your loved one’s last wishes are exactly fulfilled. Remember, estate administration is a legal matter, and estate law can be complex in this area. Administering an estate after a loved one’s death requires the assistance of an estate planning attorney. Your lawyer can provide as much or as little guidance as you need to make sure you fulfill your duties. For example, many people have little or no experience with trust administration. If the deceased’s assets are complex, or if you have personality issues with the noted beneficiaries, you may need additional help. An attorney can play a neutral role. Most importantly, your lawyer will make sure that you do not make a mistake and cannot be held liable during the trust administration process.
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Wrongful Death Law in the News: The Paul Walker Case
If a loved one has died in an accident, you have the right to consult a personal injury lawyer near Tracy and Livermore to discuss whether you have the basis to file a wrongful death lawsuit . Meadow Rain Walker, the daughter of the late actor Paul Walker, did just that following the 2013 crash that claimed her father’s life. The young woman’s personal injury lawyer is demanding compensation on her behalf from the defendant automaker, Porsche. In her complaint, her attorneys have alleged that had it not been for certain design defects, Paul Walker may have survived the crash.
You can watch this video to learn more about this wrongful death lawsuit or consult an accident attorney to discuss filing your own lawsuit. This news clip explains that Meadow Walker’s lawyer alleges the model of Porsche that Paul’s friend had been driving trapped Paul in the passenger seat. Otherwise, Paul may have been able to escape the car, which quickly became engulfed in flames.
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Understanding Power of Attorney
Even if you are young, healthy, and have few assets, you should consider visiting an estate-planning attorney to discuss drafting a will and a Power of Attorney in Tracy or Manteca . A will and durable power of attorney allow you to detail specific directions regarding your medical care, finances, assets, and liabilities if you are alive but no longer able to communicate this information yourself.
Watch this video to learn more about what a power of attorney is, and when you need one. A durable power of attorney designates a specific person whom you trust as the person who can make decisions about your finances, assets, and other estate-planning needs.
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3 Parts of Estate Planning
If you’ve been thinking of consulting an estate planning attorney, you may already be considering what information to include in your will . It’s true that creating a last will and testament in Tracy or Manteca is part of estate planning; however, the estate planning process may also include the creation of a trust and the designation of a trustee. When you do create a will with the help of your lawyer, you may prefer that the will include instructions for settling any tax debts, designating a guardian for minor children, and providing for any pets, in addition to naming beneficiaries of your assets.
Your attorney may recommend that you create a trust if you would like to minimize estate and gift taxes, or avoid the probate process for all assets in the trust. Your trust could also be used to establish conditions for the distribution of your assets after your death. A third essential component of estate planning is designating a trustee to ensure your wishes are carried out after your death. Many people name loved ones as trustees, while others designate their lawyer.
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What to Look For in an Estate Planning Attorney
An estate planning lawyer in Tracy can manage your estate during your life and properly allocate assets upon your death. This is a significant responsibility, so it is essential to find an attorney who is properly qualified with sufficient experience in estate planning. One way to assess a potential attorney’s experience is by checking if he or she is backed by a leading council agency.
In this video, an attorney explains how to find and consult with an estate planning attorney. As she explains, you should check client reviews and make sure your attorney is a good fit for your personality. You should also ask specific questions about communication to determine how transparent he or she will be in planning and managing your estate. In addition, it is a good idea to discuss initial consultation fees during your first interaction.
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Determining Your Wishes
While wills allow people to distribute their assets following death, living wills allow people to express their wishes to their doctors in case of incapacitation. Someone who drafts a living will with a will lawyer near Tracy and Manteca can outline whether or not to artificially prolong life if a devastating injury or illness occurs. Oftentimes, a will lawyer will combine the living will with a health care proxy, which designates someone to make health care decisions in cases of incapacitation.
Determining Your Wishes
If you create a living will, this written document will outline what medical treatments you approve for keeping you alive. You can also outline other medical decisions, including pain management and organ donation. Making these kinds of decisions can be difficult, so you need to closely consider your values. For example, consider how important it is for you to be independent and self-sufficient. You should also talk with your attorney about whether or not there are any situations in which you would like your treatment extended. For example, assess whether you would only want treatment if recovery is possible.Getting Advice
A great way to evaluate your wishes in your living will is to talk to your doctor, health care agent, or family and friends. Tapping into these resources can help you organize your thoughts and feelings about end-of-life care. Additionally, resources to help you make this important decision are available through the American Bar Association, the Center for Practical Bioethics, and the Conservation Project.Addressing Possible Decisions
If you are unsure of any possible end-of-life care decisions, you should seek clarification from your doctor or another trusted medical professional. In your living will, you need to address resuscitation, which restarts your heart if it has stopped beating. You will also need to determine whether you want mechanical ventilation, which takes over breathing if you are unable to breathe on your own. In this situation, you need to determine if and for how long you would allow mechanical ventilation. Other issues to discuss with your attorney include tube feeding, dialysis, and organ donation.
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