So many lawyers and law firms out there claim to represent personal injury victims that it can be tough to know what to look for in a firm. Before you sign on with anyone, though, you should be on the lookout for a couple of key things:

• Specialty. A lot of law firms might take personal injury cases, but when you are choosing a lawyer to handle your case specifically, look for someone who works at a law firm that specializes in personal injury law. This is the only way you can be sure that your attorney has enough expertise to handle your specific, complex case.
• Leadership. Here at Demas & Rosenthal, we aren’t just leaders in the field of personal injury law—we are called upon oftentimes to educate other lawyers in this area of the legal field. When you’re searching for an attorney who is an expert, you should check whether he gives lectures to other lawyers in this area of law, whether he has published articles about the topic, and whether this attorney has ever been on the board of directors of any state or local trial lawyer organizations. If so, those are all good signs about the competence of the person you are hiring.
• Trial experience. All too often, attorneys are intimidated by trials and have the tendency to try and settle things out of court. When it comes to dealing with insurance companies in personal injury cases specifically, though, you want to make sure you have a lawyer not intimidated by the thought of facing off in court.
• Resources. Certain personal injury cases can require significant capital resources on the part of the law firm to adequately investigate and prosecute your case. Therefore, when you hire a firm without these financial resources in place, that could jeopardize the quality of your lawsuit and diminish your chances of reaching a fair settlement. This can be an especially risky proposition when you are hiring an attorney who works on his own, without a law firm to back him up.
• Communication. More than just talking to whomever answers the phone at an attorney’s practice, personal injury victims should be sure to insist that they speak with the attorney himself or herself. This can give you a better idea of what kind of attorney you’re dealing with. It also gives you a chance to listen closely and watch for any red flags—such as an attorney who quickly tries to sway you into hiring him by telling you what your case is “worth” before you have had a chance to share all the facts.

Overall, it is important that personal injury victims go with a law firm where they feel comfortable. While size and experience are important, it is most important that you find a specific attorney who you feel will listen to what you are saving and understand your chief complaints.

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When it comes to operating a vehicle, you can violate the liquor part of the law even if you are 100% sober. Many people don’t realize that cruising around with open bottles or cans of alcohol is strictly prohibited, even if the driver is not drinking. Some might be under the false impression that passengers are allowed to drink alcohol in a car because they are not responsible for driving, but this is certainly not the case. On top of this, an open container of liquor cannot even so much as be stored in a car while it is being driven. This means that if you’re driving, you can’t have an unsealed bottle of vodka sitting on the floor of the passenger seat, even if nobody plans to touch it.

If you do need to transport an already open container of liquor in your vehicle, then it’s perfectly acceptable to stick it in the trunk. The logic behind this is that there is no way for a driver to possibly access an open bottle of alcohol in the trunk while driving, thereby making this type of storage a non-issue. It is also permissible to transport sealed bottles of alcohol in the main area of the car; however, to avoid any unnecessary trouble, it’s best to keep such items in the back seat and out of reach of the driver.

While most stories involving liquor-based offenses tend to involve vehicles, it’s also easy enough to break those liquor laws on foot. Plenty of people think it’s okay to walk around drinking beer or alcohol in public. But in reality, such activity will only get you a hefty fine. While it’s perfectly okay to drink alcohol at a licensed outdoor restaurant or sidewalk café, that’s the only situation in which the public consumption of alcohol is allowed. You cannot just walk down the street sipping a beer, nor can you round up a bunch of your friends to get hammered at the local playground. Also, contrary to popular belief, placing the alcohol in question in a paper bag does not change the law; it is still illegal to drink in public. Finally, most people don’t realize that drinking alcohol on public school property is actually a criminal offense. So the next time you start toying with the idea of gathering your friends and having a drinking session at the local schoolyard, you might want to think again.

Now that you’re more familiar with New Jersey law as it pertains to liquor, you can do your best to try to follow it. Remember, there’s nothing wrong with enjoying your fair share of alcohol, but there are plenty of ways to do so without getting into trouble.

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To break it down to the simplest terms, predatory lending is when a bank or mortgage company takes people with poor credit and low incomes and offers them a loan that there is no way they could logically pay back. Then, the mortgage company turns around and defaults on the borrower as soon as he misses a payment.

During the height of the market, lenders were giving people who should have been considered bad credit risks, people with a poor credit history who clearly didn’t have enough income to pay back any type of big loan, massive mortgages. On paper, it may have looked like they could pay the mortgages back, but that was only because they were offered loans with a 0% interest rate or loans where homeowners didn’t start paying back the principle right away.

The lenders and mortgage companies targeted people who didn’t have the ability to pay back loans to begin with, and then charged them ridiculous fees and costs that were not fair. Now what has happened is the lenders have gone back and foreclosed on them, and that’s just not fair. That’s just a complicated matter in its simplest terms.

If you were given a loan with an extremely high interest rate, then you could theoretically be paying back the interest only on the loan forever and not even touching the principle. The lenders knew this, which is why what they did in targeting people who they knew could not afford these loans was wrong.

Getting into the nuances and technicalities of what specifically qualifies as predatory lending is something that I could go on about forever. But at its most basic, predatory lending is when a company loans people money and gets those people in a jam—people who should not have been offered that money to begin with. So they give people an offer or a deal that they might not have even understood, and then step right up to collect when those people can’t pay it back.

What we are talking about now are people who were given adjustable rate mortgages, mostly. I have seen plenty of these mortgages where interest rates were even adjusted monthly—not annually, but monthly. So a person’s payment would fluctuate that frequently. And then you have balloon mortgages, where lenders said they would give people money but that the money could be due in full in anywhere from one to five years.

How could the lenders have ever expected a borrower to be able to pay this off? They didn’t expect that, really. The only option for a lot of homeowners was to try and refinance immediately after getting these ridiculous mortgages. It’s all part of the nonsense.

Mortgage companies told people that if they agreed with these terms then they could just refinance for a better rate. But what they didn’t realize is what the economy would end up looking like in a year, and that it might end up being impossible to refinance at that later date in time. None of us realized it, really.

So these lenders encouraged people to take out loans knowing that the only way they could pay them back was going to be to refinance. And then, by the time they went to refinance, the economy had fallen apart and that option was no longer available. Now what has happened is these people can’t refinance and they are stuck with mortgages that are nearly impossible to pay off. These mortgages have high interest rates, and oftentimes people are not even paying off the principle.

Mortgage companies took advantage of people who should not have been extended this amount of credit to begin with. And now that these people are in a jam, the mortgage companies are the first in line to foreclosure on them.

That is the essence of predatory lending. There are a lot of legal definitions in terms of high interest rates on loans and the terms, and so forth. But this is just a broad overview meant to give you an idea of what predatory lending is all about.

You can bore people with talk of high percentage rates or legal specifics, but when you start looking at people getting mortgages with 9%, 10%, or 12% interest rates, then you start looking at a mortgage that is legally classified as predatory lending. In layperson’s terms, the question is really just “Could the person have afforded this loan, really?”

The same thing applies to these adjustable rate mortgages. Borrowers may have gotten a low rate when they first signed up, but the lenders never thought to explain to people what would happen if the interest rates went up. This is just wrong, and it’s part of the reason we got involved in this massive problem to begin with.

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According to New Jersey attorney Elliot Wiesner, many people are too quick to assume that they do not need wills for a number of reasons. The fact of the matter is that every adult and his would-be beneficiaries can stand to benefit from having a will. However, the following are some of the more popular reasons for getting started on the process:

Buying property
Property ownership comes with its fair share of responsibilities, and as part of the package, you should take the necessary steps to decide what happens to your home in the event that you are no longer around to run it.

Getting married
For many, marriage involves not only a merging of the souls, but a merging of the assets. However, the act of getting married does not legally entitle a spouse to any assets that aren’t in his name. Only a will can truly grant your spouse the rights to those assets.

Getting a spousal equivalent or entering a domestic partnership
Your domestic partner or spousal equivalent is probably the most important person in your life. In order to ensure that this person is taken care of in the event that something happens to you, you’ll need something in writing that names your partner as your primary beneficiary.

Having children
As a parent, it is your job to support your children not only emotionally, but financially. You’ll need a will in order to ensure that your children are well protected whether or not you’re around.

Coming into sudden wealth
Whether you win the lottery, receive a sizable inheritance, or suddenly strike it rich on the job, if you find that you’ve rapidly come into money, then you’ll want to take steps to ensure that your newfound assets are well-protected.

Getting divorced
While you might have had loving feelings for your spouse in the past, if you’re getting divorced, then you probably no longer want that person to benefit from your own personal assets. With a will, there will be no confusion as to what your ex is and is not entitled to.

The above-listed scenarios represent a number of common triggers for people getting wills, but this does not mean that you should look into getting a will only if you fall under one of these categories. Once you do decide that it’s time for your will to be drawn up, it is not simply a matter of scribbling down some notes and sealing them up in your desk drawer. You will need to hire an attorney in order to make your will official and legally enforceable. Of course, when some people hear the word “attorney,” they immediately start a frantic number crunch in their heads. However, you can rest assured that under most normal circumstances, the process of having a will drawn up is actually quite affordable. It is only the more substantial and complicated estates that demand extra attorney time and dollars.

If getting a will is something that you have been avoiding until now, then it’s time to acknowledge the importance of having one and do something about it. An attorney like Elliot Wiesner can walk you through the process and draw up a will so that you’ll never have to worry about where your assets might wind up. The idea might be less than pleasant, but chalk it up to being a responsible adult.

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How do I know if I have a strong personal injury claim? Personal injuries can include physical harm, mental distress, invasion of privacy or intent to harm, whether purposefully or through negligence. Negligence is roughly defined as conduct that does not adequately protect persons from foreseeable harm, or personal injury. At issue here is whether not only the defendant, but also the plaintiff, acted in a “reasonable manner,” a term which is admittedly open to a lot of interpretation.

For instance, if you slip on a banana peel in a supermarket, the owner may claim you were being negligent in not watching where you were going. But there are also fair arguments you could make for negligence on the part of the defendant in the same case. For example, supermarkets spend a lot to get you to look everywhere but down, so how can they blame you for not noticing the banana peel? Now let’s say instead of a banana peel, you slipped on some water instead. If this water spill was on the floor for an extended period of time, you could prove negligence by poor maintenance.

Should I take on my personal injury lawsuit on my own or hire a lawyer? It is possible to represent yourself in a personal injury lawsuit and get a desirable outcome if you do your homework and fight for the compensation you deserve, but the outcome is positive in only a small number of cases. This is partly because of the experience a lawyer brings to the table—an attorney will be familiar with the personal injury lawsuit process and will be able to help you get damages you might not even know you’re entitled to—but also because simply having an attorney represent you and pose the risk of going to trial typically generates more generous settlement offers. A good lawyer should know when to settle, but never take the possibility of going to trial off the table—lawyers who tend to settle personal injury cases embolden insurance companies.

What should I do immediately after suffering a personal injury? If you have suffered a personal injury, seek medical attention. Don’t listen to anyone who tells you not to call an ambulance or the police if you require medical assistance. And if you are able, take a written and photographic record of the scene of the injury and all relevant details, and from as many angles as possible. If there are witnesses, be sure to get statements. As soon as you are able, contact an attorney (many offer free consultations), and do not by any means agree to any settlement or agreement without first speaking to a lawyer.

What’s the deadline for filing a personal injury lawsuit? The deadline, or statute of limitations, differs from state to state. In some states, you will lose your right to sue after a year, in others you will have up to six years. In either case, there is no reason to put off speaking with an attorney and taking immediate action to secure any damages you deserve. And, again, make sure you don’t put off getting medical attention. Not doing so can hurt your case. And if you see a doctor, be sure to follow all his recommendations, not only for your health, but also to help you build a case no insurance company will be able to poke holes in.

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According to the Occupational Safety & Health Administration, over 5,000 workers die on the job and over 4 million employees suffer occupational injuries and illnesses yearly.

That’s where workers compensation comes in: Workers Compensation is designed to benefit both the employer and employee by providing the employer with an assurance that he won’t be sued and by providing the employee with damages, a legal term for compensation in a personal injury case.

The particulars of Workers Compensation Law differ from state to state—for instance, employers in Florida who have workers compensation insurance are immune from workplace injury lawsuit. But as long as your injury arose out of an accident at work or work-related activity you will be able to seek compensation.

If your employer has Workers Compensation insurance, he will be protected from legal action—in most cases. The exception is when an employer purposely attempts to hurt an employee.

If you have suffered a workplace injury, you may be entitled to Workers Compensation or other forms of remuneration. In order to protect your right to compensation, take the following steps as soon as possible after the injury:

1. Get medical help. Depending on the injury, this can range from getting a first aid kit to calling the police or an ambulance. Not seeking medical attention will make it seem that your injury was not dire.
2. Talk to witnesses. Write down the contact information of relevant witnesses, and in the case of a car accident, also write down all license plate numbers and the Vehicle Identification Number (VIN).
3. Take photos. Photographs don’t lie, which is why they can be the strongest part of a claim. Take pictures of the injury, the scene of the injury (from all angles), the cause of the injury and any property damage.
4. Cooperate with first responders. If a police officer or EMT arrives at the scene, answer all their questions. This will serve as an additional record of your injury.
5. Call your attorney. Insurance companies are notorious for finding loopholes to refuse claims. As an example, a McDonald’s employee, Nigel Haskett, who was shot on the job, was denied his Workers Compensation claim, leaving him with $300,000 in medical expenses. Nigel was shot in the process of pushing a man out of the store who was attacking a customer. So why was his claim denied? According to McDonald’s Workers Compensation plan, “Mr. Haskett’s injuries did not arise out of or within the course and scope of his employment.” The point of this story is: Don’t expect your Workers Compensation insurer to be compassionate. Call an attorney immediately and level the playing field. Don’t skip this step. Workers Compensation Law is highly complex, making it hard to represent yourself. While it is entirely possible that you are able to effectively represent yourself, the intricacies of Workers Compensation Law are beyond most people’s expertise.
6. Notify your employer about the injury and file a claim. Failure to let your supervisor know about an injury within 30 days of its occurrence can cause you to lose the right to file a compensation claim. If the injury is a disease, the statute of limitations is 2 years. You can file your claim by filling out the appropriate form—these differ from state to state—at a Workers Compensation Board (an advocacy group) in your area.
7. Make sure you don’t apologize for anything to anyone or discuss fault—this can be used against you when you file a claim—and don’t agree to a settlement without first speaking to an attorney.

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What is bankruptcy?
A: Consumer bankruptcy allows people to either eliminate or ‘wipe out’ most of their debt; or, in some circumstances, to repay their creditors under a court supervised repayment plan. The eventual goal of any type of bankruptcy filing is almost always to obtain a “discharge” from the court, which means that all the consumers’ debts (with some exceptions) which existed before the filing of the bankruptcy petition with the court are eliminated.

Q: Do I need a lawyer to file bankruptcy?
A: Some people do have a very simple case that they could possibly do on their own. But it’s a good idea to have an attorney guide you through the process and make sure you do things correctly. A lawyer can guide you through the intricacies of the process and help you avoid the pitfalls. Although you may think your case is easy, if you file incorrectly, it can significantly delay your discharge and in some cases, your case could be dismissed. Moreover, if you file for the wrong bankruptcy chapter, you could put yourself in jeopardy of losing assets, including your home.

Q: Can I change from one chapter of bankruptcy to another?
A: Usually, yes. Generally, you can convert a case once to any other chapter for which you are eligible. There are issues to watch for when going from one Chapter to another which I can guide you through.

Q: Who can file bankruptcy?
A: With few exceptions, any person or business owing money to a creditor can file a bankruptcy petition.

Q: Is filing bankruptcy immoral or bad?
A: No, the bankruptcy law is in place because our system of law recognizes that your life and future should not be ruined because of some financial mistakes you’ve made or events that might possibly have happened outside of your control. You should never feel ashamed or feel like a failure if you decide to file for bankruptcy. The truth is, millions of people have filed, especially during this weak economic period. Even major billion dollar corporations file for bankruptcy. Hold your head up high and remember that bankruptcy can give you a fresh start.

Q: Can I get credit cards after I file bankruptcy?
A: Yes. You might even start receiving offers in the mail right after you file your case. However, these credit cards usually carry with them high interest rates and fees. They put money in your bank’s pocket, not in yours. If you want the convenience of a credit card, have one with a small limit, or better yet, a debit card that doesn’t allow you spend more than you have on deposit.

Q: Do you have to have a certain amount of debt to file?
A: Strictly speaking, no. But, of course, if you only have only a very small amount of debt, filing a bankruptcy case may not make much sense. Some people probably should not file because they have very little debt while others should not file because they have nothing the creditors can take

Q: What can I keep, if anything, if I file bankruptcy?
A: Exemptions allow an individual to “exempt,” or keep, certain kinds of property. Most people that wish to file bankruptcy are unlikely to have a great deal of money or property stashed away. Oherwise, they probably would have paid their bills. It is likely that unless you own a valuable car that’s paid off, a house with a lot of equity, a valuable inheritance, or some other kind of unusually valuable property, you will be able to keep everything you own as “exempt.”

Q: How long does a bankruptcy stay on my record?
A: Bankruptcies remain on credit reports anywhere from seven up to 10 year. But you can improve your credit along the way.

Q: Can I do anything to remove a bankruptcy from my credit report?
A: No. Although at your option, you can file an explanation with the credit reporting agencies briefly describing the events resulting in your bankruptcy. If an account is reported inaccurately, you can request the record be updated to reflect the actual situation.

Q: When can I apply for credit again?
A: The decision whether to grant you credit in the future is strictly up to the creditor and varies from creditor to creditor. No law prevents anyone from extending credit to you immediately after the filing of a bankruptcy, but creditors aren’t required to extend you credit.

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How Hiring an Attorney Can Help Your DUI Case

Hiring a qualified attorney who understands the intricacies of DUI law can greatly increase your chances of winning your DUI case and getting your driver’s license back.

How to Find a DUI Attorney

Finding the right attorney to handle your DUI case is a matter of searching for someone who specializes in this type of law, makes you feel comfortable, and understands your case-specific issues.

Can I Represent Myself in a DUI Case?

Most people should think long and hard before deciding to represent themselves in a DUI case, since doing so will most likely hurt their chances of winning their case or getting back their license.

DUI Defense: What You Need to Know

There are a number of reasons why you may be able to challenge the legality of your arrest if you were charged with a DUI.

Challenging a DUI

Whether you were pulled over without cause or given a breathalyzer that had not been calibrated correctly, there are a number of reasons why many people are able to successfully challenge their DUI arrest.

How Administrative Hearings Can Impact Your Driving Status

Clients who have been arrested for a DUI may have an administrative hearing to determine whether the court should uphold the suspension of their license. But, not everyone is granted an administrative hearing, which is another reason why it is so important to have a licensed attorney on your side.

What is a Hardship License?

A hardship license allows people who have been arrested for a DUI to drive themselves back and forth to important places like work and school.

All About Breathalyzer Tests

There are a number of reasons why the results a breathalyzer test can be challenged in court, such as if the police officers did not follow protocol when administering the test or if the breathalyzer itself was not calibrated correctly.

Benefits of Hiring a Specialized Attorney

Hiring an attorney who specializes in your specific type of law is one of the best things you can do to improve your chances of winning a case.

How to Find a Personal Injury Lawyer

When you are filing a personal injury lawsuit, it is important to find a lawyer who specializes in the field and has experience handling cases just like yours.

Why Call a Lawyer after Getting Hurt in an Accident

If you are in any type of accident where you are hurt, do not try handling it yourself. Calling a qualified lawsuit is your best option when it comes to determining whether you have a personal injury case on your hands and whether you deserve to be compensated for your pain.

Understanding Negligence

As a general rule, your attorney should be able to prove that someone was negligent before a personal injury lawsuit can go forward.

When Can I Sue in a Car Accident?

If you were in an automobile accident and it was not your fault, then you may want to consider filing a lawsuit with a qualified personal injury attorney.

Suing for Wrongful Death

If your family member has passed away, and his or her death was someone else’s fault, then you may be able to file a wrongful death lawsuit.

Understanding Premises Liability

The concept of premises liability means, essentially, that property owners are liable for any injury that occurs on their property. As such, you may be eligible to sue for personal injury if an accident was caused by negligence or something else under the property owner’s control.

How to Pay for Your Personal Injury Lawyer

Many attorneys will not charge you any upfront fees when filing a personal injury lawsuit, and will instead agree to be paid on a contingency-fee basis.

Recovering Costs in a Personal Injury Case

When filing a personal injury lawsuit, you are eligible to receive compensation for the economic damages that you have suffered, along with pain or suffering as well.

Settling Your Personal Injury Case

Clients needs to trust their attorneys when it comes to reaching a settlement in a personal injury lawsuit, since the attorney probably has the best idea of how much the case is really worth.

Common Causes for Personal Injury Lawsuits

When a client says he wants to file a personal injury lawsuit, that is commonly because one of these three reasons.

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By the time you are facing an administrative hearing, you have obviously already had your driver’s license suspended. What the authorities are determining during an administrative hearing is really whether they should uphold the suspension of your license. Now, one of the biggest reasons people need to know about the administrative hearings themselves is because you do not get granted one of these hearings automatically. In fact, that is one of the reasons you should hire a lawyer to help you through your DUI case, because he or she will be able to make sure you get the administrative hearing you need in a timely manner.

Hiring an attorney as soon as possible after being arrested for driving under the influence can help you in many ways, but one of the biggest reasons you should hire an attorney would be so that he or she can ask for your administrative hearing. After doing so, your lawyer can go in and make arguments as to why your administrative suspension should not be upheld.

During the administrative hearing itself, what is going on is that officials are reviewing the suspension of your license and determining whether that suspension should be upheld. By the time you have this hearing, your license has already been suspended—which is why the hearing itself is simply a time to review the suspension and a time when your attorney can attempt to get that suspension overturned.

So having someone to do that for you, and argue the case on your behalf, is a great benefit of hiring an experienced professional.  A qualified lawyer will be able to make sure you get an administrative hearing within a reasonable amount of time. This time can vary, but the courts are required to give you an administrative hearing within 30 days of the time it is requested, which means most of these hearings happen within 30 to 40 days after the initial incident.

These administrative hearings are important because the suspension of your driver’s license is almost always a serious problem for people. After all, people need their driver’s license to get to work, school, and just to live their everyday lives and partake in everyday activities. Especially here in Florida, where there is not a particularly convenient public transpiration method, it is important that people get their driver’s license back as soon as possible.

Additionally, administrative hearings can be an early way to determine whether any flaws happened during the arresting process or bring out technicalities that were not followed by police at the scene. These irregularities and technicalities can get your administrative suspension overturned, but only if you have a qualified attorney fighting for your case. So with the help of an attorney who specializes in DUI cases, you will definitely improve your chances of having the administrative suspension of your driver’s license revoked, and ultimately getting your freedom to drive back.

One thing that should be noted, however, is that administrative hearings should always be distinguished and separated from criminal hearings. This is because administrative hearings are not criminal proceedings, which will happen later on in the development of the case. Rather, this hearing is a civil administrative meeting that is held by the Department of Motor Safety and Highway Vehicles to determine whether you should have your license suspended or not. It is important that people understand the differences between these two types of hearings.

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