serratelli for judge

posted by on Jan 31

After you select a personal injury lawyer to represent you, it is always a good idea to sit down with them to make sure that they will be a good fit for both you and your case. First thing that you need to realize is that you first appointment should be more like a consultation. You can the lawyer should be well dressed and be on time for your appointment. You need to be very polite and courteous to the lawyer. You need to try really hard to impress the lawyer, keep in mind that they can choose not to represent you and your case as quick as you can choose to not have them represent you.

You should next focus on allowing the lawyer to get to know you as a person, not just an accident victim. Give him or her sufficient background information and info about your personal and professional life. You can also tell them a little about your family if you feel comfortable doing so.

When you first sit down, don’t get right to the facts about your case, although this might be very tempting. If at all possible, let the lawyer guide the discussion. They know exactly what they are looking for in terms of facts and things they need to know about the case to determine if it will be a good case. In order to help the conversation, be prepared with the right notes, documents, questionnaires, and your own list of questions that you wish to know. This will help the meeting go much smoother.

Depending on how prepared you are in your first meeting with your personal injury lawyer, your lawyer might be able to give you some advice on how you should proceed with your case. Many times, time is of the essence. Most of the time, this happens when businesses are involved. If this is the case, you need to file a response within a few days. When you walk out of your first meeting with your lawyer, you should walk out of the meeting feeling confident that you have selected a good representative and know where this case is going to go in the next few weeks.

If the lawyer that you met with is planning on taking your case, you should be informed before you leave the initial meeting, what he will be charging you for his services. Your lawyer should take quite a bit of time to explain everything you do regarding the charges that you will incur for this case. You might also be required to pay a deposit up front, however, most lawyers do not do this.

Whatever you do, you need to make sure that you find out exactly what will happen next. You should also make sure to follow through with the assignments that have been assigned to you. Each of these things will help your first visit with your personal injury lawyer go more smoothly and help you get your feet on the ground with your case.

Bart Icles recommends that you visit his site, Philadelphia Personal Injury Lawyer Guide for more information. He has done a lot of research on how to find a Philadelphia personal injury lawyer and has provided this information for your education.

posted by on Jan 30

Lawyers aren’t something we need on a day to day basis usually and there isn’t one set way to comparison shop because each person’s needs are different when it comes to their lawyer. There are a couple tips and tricks though that you can do and know so that as you research you can make a better informed decision.

Tip #1: A lawyer’s reputation effects his or her cost- A lawyer that is known to win a lot will cost you more money because it is like social proof for their skills. Depending on your case a well known lawyer may be what you need, but on the other hand don’t think you need to use a machete to cut your steak. Only pay for what you need.

Tip #2: A lot of lawyers have overhead costs that you need to be aware before any work is done. Some slick lawyers will try and hide them until the end and if you catch your lawyer doing that then don’t stick around to let them fight your case. If they can’t be honest with their client then your wellbeing is not their first concern.

Tip #3: A novice charging only $100 may actually end up costing you more then a more experienced lawyer charging a higher hourly wage. The reason is that a seasoned lawyer will have experience when it comes to where to look for the necessary information and so could probably collect it more quickly. A novice could spend 2 or 3 hours longer on a task then an experienced lawyer charging twice as much would, simply because they haven’t learned where to look.

Tip #4: Lawyers on TV and lawyer you work with are different. Because our society loves drama and action lawyer shows are hyped up to be appealing. If you walk in or research your lawyer measuring them against the TV lawyer standard you will always be disappointed. Not that lawyers outside the TV realm aren’t impressively competent but they focus isn’t drama and action so don’t expect them to try your case as such.

Utah Lawyers come in every range possible, from competent and reliable to tricky and ignorant. These tips can really help you find the lawyer you want for your case and situation. Research, look around and then when you decide know that your interviews with your lawyers aren’t just so he or she can learn about you. They are also for you to quiz them and make sure they fit your situation.

Bart Icles has studied Utah personal injury lawyers and recommends you take a fair amount of time to study and compare before making any decision on Utah’s personal injury attorney. This article is only the beginning to your search for the perfect a personal injury lawyer in Utah.

posted by on Jan 29

Starting an LLC in Texas is a smart move for most business owners. A Texas limited liability company is one of the best creations of the Texas legislature. It provides business owners with a solid layer of protection from limited liability and the most tax choices of any other legal entity.

The Texas LLC is About Limiting Liability

First and foremost, the main reason for starting an LLC in Texas is to allow you to start a business without exposing yourself to substantial risk of loss for engaging in such a rewarding endeavor.

Without a limited liability legal entity, you could operate your business as a sole proprietorship but you would be exposing everything you own to risk of loss. Everything means everything- your home, cars, hard earned personal savings, jewelry, and anything else you own.

The Texas limited liability company provides a fundamental layer of protection between owners of a business and the business obligations and liabilities. While this is such a great thing or small business, this layer of protection does have some limitations. But having it is greatly preferred to not having any insulation from business related liability and lawsuits.

Tax Choices

The tax choices you receive when starting a Texas LLC is the second reason why the Texas limited liability company is popular among small business owners. The IRS passed the popular Check the Box regulations in 1997 which allows the business to decide for itself how it wants to be taxed.

After those tax regulations were passed, a limited liability company can now receive limited liability and allow its members to manage the business while at the same time qualifying for a single layer of pass through taxation for federal income tax purposes.

In addition, for those businesses which prefer corporation taxation, a Texas limited liability company can elect C corporation or S corporation taxation if it chooses and still get the simplicity and flexibility of a Texas LLC without the formalities of a corporation under state law.

Please note that in Texas there is no state income tax but the business entity may be subject to a franchise tax. You can visit the Texas Comptroller office for more details on this tax.

Professionalism

An official Texas legal entity exudes an official and professional business to the public. After all, the owners of the business took the effort to start a Texas LLC by complying with the state laws and completing the organization process.

In the world today where anyone can come up with a business name and call themselves a business, having an LLC as your business entity goes a long way in differentiating your business and reducing the risk in the eyes of your customer that you are not a serious or trustworthy business.

Requirement for Starting an LLC in Texas

The overall Texas requirements are still straightforward and given the number of Texas limited liability companies formed each year, many, many business owners are taking advantage of the benefits.

The most challenging part of starting an LLC in Texas is coming up with a name that is available for use in Texas. This is challenging for two reasons. First, there are many names already being used in Texas. Second, the Texas state agency that determines name matters is very strict about allowing a name that is too similar to another name.

For example, Texas is famous for the two name rule. If your LLC name has two words that are identical to two words in another Texas legal entity name, it cannot generally be used even though there might be an added third word. For example, the name Lawn Doctor Houston, LLC cannot be used if there is already being used any of the following names: Lawn Doctor, The Fastest Lawn Doctor, or Lawn Doctor and Nurse.

For a FREE Texas LLC Name Search or to Learn More about
Starting an LLC in Texas, visit
www.TexasBusinessFormation.com

posted by on Jan 28

The laws pertaining to the release of juvenile court records differs with every case. There are deciding factors that determine whether or not they can be released prior to the youth reaching adulthood and after they reach adulthood.

The type of crime the defendant committed and how his victims were affected will help determine whether or not the records will become public criminal records. No matter what the circumstances, there is always a way to access some of the information in the state court records.

Depending on how serious the crime is that the youth committed, crimes committed by a juvenile can count against them in the future. If the crime was serious or violent, then the crime might show up later on when they are an adult.

If the records are not sealed, then the child can petition the court to seal the juvenile court records, or the parents can petition the court for a sufficient amount of time, usually between five and six years, after the case has ended. If the petition is approved by the court, all of the arrest records and case records, along with all of the criminal records information, will be sealed.

Juvenile court records are often sealed when the youth reaches adulthood. Adult felonies committed result in open criminal reports. Youth who have been prosecuted for sexual assault must register as a sex offender with the criminal records bureau for their entire life. While some states automatically seal the records of a convicted juvenile, others will not seal them unless the offender requests a petition form the courts.

Some states permit cameras and recording devices in the juvenile courtroom at the judge’s discretion. Many states close records and criminal reports once the youth is an adult. The media often gains access to state court records through outside sources. If this criminal records information is attained legally, then the press may publish it without revealing the youth’s personal information.

In some areas, the court can block the press from releasing the information that they acquired during the trial, while other states allow them to publish it if they used an outside source. Some states prosecute people who reveal private or sealed juvenile records or criminal records information about a juvenile.

While they are all sealed, some amount of information from juvenile court records is accessible in every state. Online court records are often available. The most common allowance for revealing criminal records information from the state court records is in adult court proceedings when determining sentencing.

In such a case, any crimes in the defendant’s prior criminal records, which were committed before reaching adulthood, would be considered when determining sentencing. In the legal system, confidential information never remains completely private.

Visit Mike Selvon portal to learn more about juvenile court records. Your feedback is much appreciated at our criminal record searches blog where a free gift awaits you.

posted by on Jan 27

Parents usually feel responsible when their children do bad things – a sense of shortcoming or failure when children make bad choices or carelessly cause harm to another. However, whether parents can be held legally liable for the acts of their children is not commonly known. The answer, not surprisingly, is sometimes “yes” and sometimes “no.”

General Rule
The general rule is that the mere relationship of parent and child does not impose any legal liability on the parent for the bad acts or carelessness of the child. Instead, parents can be held liable only where the child is acting as an agent of the parent (that is, acting under the authority or the direction of the parent) or some negligence (carelessness) of the parent made the bad act possible.

Regarding liability as an agent, some examples would include harm resulting from a car accident caused by the negligence of a child when the child was running an errand at the direction of a parent or a parent encouraging a child to physically attack another person.

Parents can also be held liable for their own negligence which contributes to a child causing injury to another. Examples of that type of behavior would be a parent serving a child alcohol and then permitting the child to drive a car, or a parent failing to properly supervise a child in a store, which leads to the child damaging fragile merchandise.

So, the general rule is that the child must have been acting on behalf of the parent or the parent must have made the harm possible through the parent’s own negligence in order for the parent to be held legally liable for harm caused by a child.

Statutory Liability
Parents can also be held liable for certain bad acts of their children under a statute titled “Liability for Tortious Acts of Children.” That statute provides that any parent whose child is found liable or adjudged guilty by a court of a willful act resulting in personal injuries or property damages shall be held liable to the person who suffers the injury.

The statute applies to willful (intentional) acts of children, such as violence or vandalism. If those types of intentional acts are committed, a parent can be held financially responsible up to certain dollar limits, despite having no prior knowledge, involvement or opportunity to prevent the harm.

The limits of liability are $1,000 for injuries suffered by any one person as a result of one act or a continuous series of acts and the total sum of $2,500, regardless of the number of persons who suffer injury as a result of one act or a continuous series of acts. Accordingly, if a child violently attacks and hurts another child, the parents of the attacking child can be held liable for up to $1,000 of damages. Also, if a child commits a series of continuous acts of vandalism, such as damaging several houses one night, that child’s parents could be held liable for $1,000 of damages for each person harmed and a total of $2,500 for the whole vandalism spree, regardless of the amount of damages or number of people affected.

Although the general rule is that parents are not held liable for the acts of their children, there are certain situations in which parents will be held responsible for the bad acts of their offspring.

Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law’s Master’s in Trial Advocacy Program. Tim can be reached at http://www.macelree.com/traynelaw.

posted by on Jan 26

Protect your rights in a lawsuit by understanding the specifics of Pennsylvania’s Statutes of Limitations.

If you are thinking about filing a lawsuit, timing is crucial. The rule of law called the Statute of Limitations requires that a lawsuit be filed within a certain period of time and, if it is not, the injured party loses the right to seek recovery. Knowing about the rule and how to apply it are critical to protecting your legal rights.

The Purpose of the Rule
A Statute of Limitations assigns a certain time period after which rights cannot be enforced in court. The general purpose of the Statute of Limitations is to compel the exercise of rights within a reasonable time period, to prevent stale or fraudulent claims, to expedite litigation, to give a defendant prompt notice of the claims against it, and to avoid placing an unfair disadvantage on the defendant by reason of a lapse of time. If no such rule existed, an injured party (plaintiff) could wait years before filing a lawsuit, thereby resulting in lost evidence or witnesses who are no longer available or have faded memories.

Specific Statutes of Limitations
The length of the Statute of Limitations is determined by the Legislature and is dependent on the type of case. Since laws constantly change and there are often special rules for each specific case, consult a lawyer immediately after an incident to learn the time limit for bringing an action. The following are some common statutes of limitations:

One year: slander, libel and invasion of privacy;
Two years: personal injury or wrongful death claims (including automobile accident cases) and property damage claims;
Four years: breach of contract claims; and
Six years: consumer fraud cases

The “Discovery Rule”
The general rule is that the Statute of Limitations time period begins to run as soon as the event leading to the claim occurs (i.e. the date of the auto accident or the date that the breach of contract occurs). However, in certain circumstances where the plaintiff is unable to determine that an injury has occurred, the Statute of Limitations does not begin to run — or is “tolled” — until the injury is discovered.

For example, if a doctor committed malpractice by leaving a surgical instrument in a plaintiff’s body during surgery and the plaintiff did not discover the injury for two months, the Statute of Limitations would not begin to run until the date of discovery. Nevertheless, the plaintiff is required to exercise reasonable diligence in determining whether an injury has occurred.

Stopping the Statute from Running
In order to stop the Statute of Limitations from running and preserve the claim, a plaintiff must file a lawsuit in court. Merely notifying the defendant is insufficient. Papers must be filed in court and then must be served on the defendant to provide notification of the claim.

Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law’s Master’s in Trial Advocacy Program. Tim can be reached at http://www.macelree.com/traynelaw.

posted by on Jan 25

You are driving through an intersection when, suddenly, you hear the screech of tires and feel another car crash into yours. Whether the accident was the other driver’s fault or your own, the decisions you made when renewing your automobile insurance coverage months before the accident will significantly impact how the accident will affect your life.

Bodily injury/property damage coverage protects you from claims from other parties concerning accidents that you cause. Under Pennsylvania law, you are required to carry bodily injury liability coverage of at least $15,000/$30,000. What that means is that in an accident caused by you, you are covered up to $15,000 for injuries to each person, up to a cap of $30,000 for injuries to multiple persons in the accident. Accordingly, if you injure one person, you are covered up to $15,000, and if you injure more than one person, the coverage is $15,000 per person, but up to a maximum of $30,000. So, if three people are hurt, your insurance company would have to pay each injured person his or her fair share depending on the injuries, but only up to $15,000 for any one person and $30,000 total. In addition to bodily injury coverage, you are also required to have coverage of at least $5,000 for damage to property in any one accident.

It is often advisable to carry substantially more than the minimum coverage. It is certainly foreseeable that the $15,000 for any one person and $30,000 total for any one accident would be insufficient to satisfy a claim for a serious bodily injury to one or more persons should you cause an accident. Similarly, a property damage claim could easily exceed the $5,000 minimum coverage.

In the event that either bodily injury or property damage is exceeded, the people injured in the accident could sue you and try to collect from your personal assets to recover their damages that are in excess of your insurance. For example, if you only have a $15,000/$30,000 policy and cause $100,000 of bodily injury to one person, you can be pursued personally for $85,000 of damages.

As such, it is important to consider purchasing more than the minimum coverage from your insurance provider. People with moderate amounts of assets will often purchase bodily injury protection of $100,000/$300,000 and it is not uncommon to see high asset individuals have up to $1,000,000 of coverage.

You can also consider obtaining an umbrella insurance policy, which provides additional liability coverage above and beyond the coverage provided in your automobile policy.

From a legal standpoint, it is advisable to have enough insurance coverage so that, if you do cause an accident and serious injuries result, your insurance will be sufficient to pay for the damages and your personal assets will not be at risk.

Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law’s Master’s in Trial Advocacy Program. Tim can be reached at http://www.macelree.com/traynelaw.

posted by on Jan 24

In this article, you will learn about both the Arbitration and Trial stages of a lawsuit.

Arbitration
In Pennsylvania, if the Plaintiff is seeking money damages of less than $50,000, the lawsuit proceeds to mandatory arbitration rather than directly to a trial in front of a judge or a jury. The procedure involved in an arbitration is similar to that of a trial. However, instead of a judge or jury deciding the case, the ruling is made by a panel of three local attorneys. If either party is dissatisfied with the arbitrators’ ruling, an appeal can be filed which results in a brand new trial in front of a judge or jury.

Trial
Both appeals from arbitrations and cases seeking more than $50,000 result in trials. Depending on the preference of the parties, the trial can take place in front of a judge or jury. There are generally six phases of a jury trial: (1) Jury Selection; (2) Opening Statements; (3) Testimony and Evidence; (4) Closing Arguments; (5) Jury Charge; and (6) Verdict.

In a jury trial, the first phase of the trial begins with Jury Selection. A pool of jurors (usually about 50) is led into the courtroom and each juror has a number, from 1 to 50. Then, the attorneys for both parties ask the jurors questions to determine whether they know any of the parties, attorneys, or witnesses or whether they have had any experiences or have strong feelings on certain issues which would not allow them to be unbiased and impartial. Once the questioning is complete, each attorney can ask that certain jurors be stricken from the jury pool due to some disclosed bias or prejudice. After the judge rules on the “for cause” challenges, each party can also strike a set number of other jurors (usually around 4) who they think would likely favor the other side. These are called “peremptory strikes.” Once the strikes are complete, the first 12 remaining jurors constitute the jury panel for the trial.

After Jury Selection, Opening Statements are presented to the jury. The Plaintiff’s Opening Statement is intended to give the jurors a “roadmap” of the trial to describe to the jury what the Plaintiff intends to prove. Normally, the facts of the case are outlined and the witnesses and important evidence are discussed. Argument is not permitted in the Opening Statement. The Defendant can decide to give an Opening Statement or defer the statement until after Plaintiff presents its testimony and evidence.

After Opening Statements, the parties present their Testimony and Evidence. The Plaintiff goes first by calling witnesses and offering exhibits into evidence. Each witness may be cross-examined by the Defense. Next, the Defendant may call witnesses and introduce evidence to support its defenses. Thereafter, the Plaintiff may present witnesses or evidence in rebuttal to the Defendant’s case.

Once all testimony is complete, the attorneys deliver Closing Arguments. During the Closing Arguments, the attorneys are able to argue why the facts and applicable law should lead to a verdict in their favor. Plaintiff goes first. After Plaintiff’s Closing Argument, the Defendant presents its closing. Finally, after the Defendant’s closing, Plaintiff’s attorney usually presents a brief rebuttal argument.

After Closing Arguments, the judge must give the Jury Charge. In the charge, the judge explains to the jury all of the law applicable to the case so that the jury can reach a proper verdict. The Jury Verdict itself marks the conclusion of the trial.

In the case of a trial in front of a judge only (a bench trial), the procedure is the same except that there is no jury selection, jury charge or jury verdict. Usually, the judge will take additional time to consider the evidence and prepare a written decision rather than announce the decision immediately after trial.

Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law’s Master’s in Trial Advocacy Program. Tim can be reached at http://www.macelree.com/traynelaw.

posted by on Jan 23

Pennsylvania’s Motor Vehicle Financial Responsibility Law provides the consumers purchasing automobile insurance must make a choice of tort options – either Limited Tort or Full Tort. Although your insurance costs are lower if you select Limited Tort rather than Full Tort, you sacrifice legal rights by choosing Limited Tort.

Full Tort is an election made on your automobile insurance policy which allows you and the members of your household to seek compensation for economic and non-economic damages sustained in a motor vehicle accident which was the fault of another driver. Economic damages would include things like unpaid medical bills and lost wages. Non-economic damages would include intangible damages such as compensation for pain and suffering and emotional distress.

Limited Tort is an election made on your insurance policy which allows recovery for economic damages, but usually prohibits you from making any claim for non-economic damages except if you suffer a “serious injury.” The law defines “serious injury” as “a personal injury resulting in death, serious impairment of a bodily function or permanent serious disfigurement.” Although the term “death” is self-explanatory and determining what constitutes “permanent serious disfigurement” is not too difficult, the Pennsylvania courts have struggled with the issue of what qualifies as a “serious impairment of a bodily function.” To date, the courts have been reluctant to find that a “serious impairment of a bodily function” exists absent a long-lasting and seriously disabling injury. Accordingly, if you have selected Limited Tort, it is often very difficult to pursue a claim for non-economic damages, even for injuries which linger on painfully for months.

Choosing a tort option (Limited or Full Tort) is an important decision because it has a substantial impact on your legal rights when you are involved in an auto accident caused by another driver. Choosing Limited Tort allows you to save on insurance premiums, but usually precludes you from recovering non-economic injuries unless the accident causes very serious, long-lasting injuries. The Full Tort option is more expensive coverage, but you do not waive any legal rights to seek compensation for injuries.

In my years of practice I have seen many clients switch from Limited Tort to Full Tort after having been involved in an accident and having their legal rights affected by that election. Of course, switching to Full Tort only protects your full legal rights for accidents which occur after the switch.

Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law’s Master’s in Trial Advocacy Program. Tim can be reached at http://www.macelree.com/traynelaw.

posted by on Jan 22

Hopefully, you have been fortunate enough to avoid having to pursue or defend a lawsuit and will not have to do so in the future. However, in the event that you do find yourself entangled in civil litigation, the following is a brief description of the process which consists of five phases: Pleadings, Discovery, Motion for Summary Judgment, Arbitration and Trial. This article will cover the pleadings, discovery and summary judgment motions phases of a lawsuit.

Pleadings
The Pleadings stage is the beginning of a lawsuit. Once the parties decide that a dispute cannot be resolved and court intervention is required, the injured party, or Plaintiff, files a Complaint with the court. A Complaint is the written document starting the lawsuit and it sets forth the Plaintiff’s dispute with the other party, the Defendant. The Complaint also describes what the Plaintiff seeks to recover in the lawsuit. Once the Complaint is filed and served upon the Defendant, the Defendant is required to respond to the allegations and set forth any defenses in an Answer. Thereafter, the Plaintiff files a Reply to the defenses contained in the Answer. Then, the Pleadings stage is over.

Discovery
After the pleadings stage, the parties may engage in Discovery in order to prepare for arbitration or trial. The purpose of Discovery is to allow each party to learn about the other party’s case such as what witnesses will be called to testify and what each will say. In addition, each party can ask the other what documents or other evidence will be used in the lawsuit. In Discovery, each party can send written questions to the other side (Interrogatories) and ask that the other party provide copies of relevant documents (Requests for Production). Each party can also take the Deposition of the other party, which is an interview under oath regarding the subject matter of the case. Other witnesses can be subpoenaed for Depositions and either party can issue Subpoenas for relevant documents from people other than the other party. If properly done, the Discovery process ensures that there will be no surprises at the arbitration or trial.

Summary Judgment Motions
After completion of the Pleadings and Discovery phases, one party may feel so confident in the strength of his or her case that he or she will feel that a trial is not necessary. In such a case, that party will ask the judge to decide in his or her favor before trial by granting Summary Judgment. The procedure involves the party filing a Summary Judgment Motion explaining why he or she feels so strongly about the evidence and asking for a judgment without a trial. Then, the other party must file a response explaining that there is evidence supporting his or her case and a trial is necessary. If the Summary Judgment Motion is granted, judgment is entered and the case is over. If the Motion is denied, the case proceeds to arbitration or trial.

Once the Pleadings, Discovery and Summary Judgment Motion phases are complete, the lawsuit is ready to go to arbitration or trial.

Tim Rayne is the author of numerous publications on Personal Injury Law and is a graduate of the Temple University Beasley School of Law’s Master’s in Trial Advocacy Program. Tim can be reached at http://www.macelree.com/traynelaw.