Legal and Insurance Information

Personal injury lawyer

2012-02-01T21:01:00.011-05:00

Personal injury lawyer

A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law, which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.
Even though personal injury lawyers are trained and licensed to practice virtually any field of law, they generally only handle cases that fall under tort law including, but not limited to: work injuries, automobile and other accidents, defective products, medical mistakes, slip and fall accidents, and more.
The expression "trial lawyers" can refer to personal injury lawyers, even though most cases handled by personal injury lawyers settle rather than going to trial and other types of lawyers, such as defendants' lawyers and criminal prosecutors, also appear in trials.

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Personal injury lawyer

2012-02-01T21:01:00.008-05:00

Personal injury lawyer

Responsibilities

A personal injury lawyer has numerous responsibilities in serving his or her clients. These responsibilities encompass both professional and ethical rules and codes of conduct set forth by state bar associations where the lawyers are licensed. Once licensed to practice law by their state bar association, lawyers are legally permitted to file legal complaints, argue cases in state court, draft legal documents, and offer legal advice to victims of personal injury.
Also referred to as a plaintiff lawyer, a personal injury lawyer is responsible for interviewing prospective clients and evaluating their cases to determine the legal matter, identify the distinct issues rooted within the plaintiff’s larger problem, and extensively research every issue to build a strong case. The ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain the justice and compensation they deserve for their losses and suffering through advocacy, oral arguments, client counseling, and legal advice.Plus a personal injury lawyer may have to take his client's case to trial if a settlement can not be reached.
Personal injury lawyers must also adhere to strict standards of legal ethics when dealing with clients. While the guidelines vary according to state, the basic codes of conduct state that a lawyer must knowledgeably evaluate legal matters and exercise competence in any legal matter undertaken. Moreover, personal injury lawyers owe their clients a duty of loyalty and confidentiality and must work to protect their clients’ best interests.

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Personal injury lawyer

2012-02-01T21:01:00.005-05:00

Personal injury lawyer

Certification and education

In order to practice law in the United States, a personal injury lawyer must pass a written bar examination and, in some cases, a written ethics examination. Bar examinations vary on a state-to-state basis. However, most states require applicants to have completed a four-year college degree and a law degree from an accredited law school (California is one notable exception, but the non-accredited law school must meet certain requirements.)
In most states, a personal injury lawyer is required to take the Multistate Bar Examination (MBE) the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE) and a state bar exam. Some states require another exam, the Multistate Performance Test (MPT), as well.
Once admitted to the state bar, personal injury lawyers must remain up-to-date on the latest legal and non-legal developments in their field of practice by completing a required number of continuing legal education (CLE) courses designed to help personal injury lawyers stay abreast of developments in their field. The number of CLE hours required varies by state.
Lawyers can concentrate their practices to certain areas of law, which is typically true of personal injury lawyers. By limiting the range of cases they handle, personal injury lawyers are able to acquire specialized knowledge and experience. However, to be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).The individual statesCastellilaw (talk) 04:57, 24 December 2011 (UTC) regulate the lawyers in their respective states and promulgate rules of professional responsibility. These rules are subject to the United States Constitution.
Certification programs have set standards of competence, knowledge and experience that lawyers must meet in order to be recognized in their area of practice as a specialist. Lawyers who have completed a specialty certification program in personal injury law at an accredited certifying organization are recognized as personal injury specialists. Some states, such as New Jersey, offer a certification as a "Certified Trial Attorney", which can be for both plaintiff and defense attorneys. Not all states recognize a specialty of personal injury lawyer . For instance Ohio has no such designation as a specialist in personal injury.

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Personal injury lawyer

2012-02-01T21:01:00.002-05:00

Personal injury lawyer

Career structure

The career structure of most lawyers varies widely. Once licensed, a lawyer may take on any kind of case whether or not they have much experience in it. However, legal ethics require an inexperienced lawyer to enlist appropriate help or take the time to learn the issues to competently represent the client. Most lawyers prefer to stick to one area of the law to gain the knowledge and experience necessary to provide the highest quality legal representation to their clients.
Personal injury lawyers choose to delve into a more specialized area involving only personal injury litigation. Personal injury litigation involves a large number of claims including accidents, medical malpractice, product liability, workplace injury, wrongful death, and more. Some personal injury lawyers choose to devote the majority of their time and energy to one area of litigation within personal injury law, thus becoming more experienced at handling very specific types of cases (e.g. medical mistakes, aviation accidents, work accidents).

Doing business

As with other types of lawyers, personal injury lawyers may choose to start a solo practice or join a small, mid-size, or large law firm as an associate. Personal injury lawyers may also be partners (owners) of a law firm or strive to be a partner.
Sole practitioners of personal injury law offer a number of benefits to potential clients, which include more personal attention and a one-on-one working relationship between the lawyer and the client. Sole practitioners are also more willing to take on smaller cases and often have lower fees and costs.
A small law firm generally consists of two to ten lawyers who can provide more expertise in a given area of personal injury law and can handle a wider range of legal issues. Mid-size law firms with ten to 50 lawyers offer legal representation in almost every major area of litigation and may house several highly experienced and knowledgeable personal injury lawyers. Large law firms with more than 50 lawyers are often the most reputable, having built up the firm for a number of years and consisting of lawyers with high levels of expertise.

Compensation

Typically lawyers’ fees are based on a number of factors, which may include the time and energy spent on a case, the outcome of a case, the difficulty of a claim, the experience and prominence of the lawyer, and the costs associated with the case. There are several standard payment options a personal injury lawyer may offer his/her clients. These options include contingency fees, hourly rates, flat fees, and retainers.
A contingency fee is a prior arrangement between lawyer and client in which the lawyer receives a set percentage of the amount of recovery awarded to the plaintiff in a case. In most cases, monetary recovery is obtained through settlement, mediation, arbitration or trial. Generally, when a lawyer takes a case on a contingency fee, a client has no obligation to pay his/her lawyer a fee unless the case is successfully resolved. Most personal injury lawyers work on a contingency fee basis. An hourly rate is also a common payment option that involves an agreed amount of compensation for each hour the lawyer spends on the case until its resolution. In some cases, personal injury lawyers charge a flat fee, which is a set amount, or a retainer, which is an arrangement where a certain amount of money is paid before legal representation begins. These fee arrangements may also be combined.

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Personal injury lawyer

2012-02-01T21:00:00.010-05:00

Personal injury lawyer

Professional regulations and associations

Personal injury lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. The American Bar Association (ABA) Joint Committee on Lawyer Regulation offers assistance to state bars, helping them to draft, implement, and/or promote regulatory policies regarding personal injury lawyers.
Personal injury lawyers may belong to any number of professional associations, some of which are mandatory and others voluntary. For instance, personal injury lawyers are licensed by their state bar associations, of which they must be members. Among the more common professional associations that personal injury lawyers may voluntarily join are the following:

American Bar Association – a professional association dedicated to improving the legal system and providing accreditation for law schools and continuing legal education programs (
Association of Personal Injury Lawyers

– an association founded in 1990 by personal injury lawyers on behalf of accident victims

Association of Trial Lawyers of America – also known as ATLA, an association of trial lawyers that was founded in 1946 by a group of plaintiff’s attorneys committed to safeguarding victims’ rights. In 2007, ATLA changed its name to the American Association for Justice, also known as the AAJ.

The Mission of the American Association for Justice is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America's courtrooms, even when taking on the most powerful interests.

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Personal injury lawyer

2012-02-01T21:00:00.007-05:00

Personal injury lawyer

Criticism

The aggressive representation of injured parties by personal injury lawyers has spawned movements to establish tort reform in the United States in recent years. Tort reform proponents argue that such reforms are necessary because personal injury litigation has led to a substantial increase in health care costs; they further claim that many doctors have had to leave practice or relocate because of cost-prohibitive medical malpractice insurance rates. A recent publication by the Harvard School of Public Health found that in only 60% of medical malpractice litigation cases was there evidence of medical error.

https://en.wikipedia.org/wiki/Personal_injury_lawyer

Personal Injury Lawsuits

2012-02-01T21:00:00.005-05:00

Personal Injury Lawsuits

Personal injury lawsuits cover a wide spectrum of injuries and accidents, including car accidents, toxic exposure and poisoning, defective products and other legal issues. In this section, you will find information on these areas as well as many of the other most common personal injury claims. If you have recently been injured due to another party's negligence, this information will be very useful to you.

Lesiones personales (texto en Español)

Personal injury laws are affected by a variety of complex federal and state laws. These laws are designed to protect the individual from the negligence or deliberate harm of others and to provide recourse in the event of injury. Because these laws vary from state to state, they can be very difficult to interpret, particularly during a traumatic situation. A personal injury attorney can help you determine your legal rights, give you examples of personal injury settlements and give you an idea of your chances of receiving compensation for your losses.
Some of the civil wrongdoings that can result in personal injury, such as assault and battery, are also considered criminal acts. In these cases, a separate criminal proceeding may take place to address the criminal charges. A personal injury lawyer can help you file a claim for compensation regardless of whether the defendant in the criminal proceeding is found guilty. If you or someone you know has been injured due to the negligence or deliberate malice of others you should contact a personal injury attorney immediately to determine your legal rights.

http://www.yourlegalguide.com/personal-injury/

Personal Injury Lawsuits

2012-02-01T21:00:00.003-05:00

Personal Injury Lawsuits

Areas of Personal Injury Law

Motor Vehicle Accidents. More than 42,000 people died in motor vehicle accidents in 2006, according to the National Highway Transportation Safety Administration. In fact, motor vehicle accidents, which include car, bus, and boating accidents, are the leading cause of death among Americans between the ages of 2 and 34.

Negligence or carelessness is often the cause of motor vehicle accidents, with distracted drivers accounting for an estimated 80 percent of automobile accidents. Distracted behaviors such as texting and driving accidents are very closely associated. To learn more, visit our section on motor vehicle accidents. DUI misdemeanor and felony offenses are also often linked to auto accidents. If you or someone you know was hurt in a car accident or other incident involving moving vehicles, you should consider speaking with a personal injury lawyer.
Industrial Accidents. Industrial accidents can lead to serious health problems. Many people have been exposed to dangerous chemicals such as benzene, which can cause cancer, bone marrow toxicity and other ailments. To learn more about dangerous substances released in industrial accidents, contact the U.S. Environmental Protection Agency (EPA) Safe Drinking Water Hotline at (800) 426-4791. To learn more about personal injury settlements related to industrial accidents, you can speak with a personal injury lawyer

http://www.yourlegalguide.com/personal-injury/

Personal Injury Lawsuits

2012-02-01T21:00:00.001-05:00

Personal Injury Lawsuits

Toxic Exposure and Poisoning. Toxic exposure occurs when people are exposed to toxic chemicals or materials such as asbestos. Astonishingly, only a fraction of the 75,000 chemicals that are registered with the EPA have undergone adequate testing to assess potential health risks.¹
Manufacturers in several industries produce chemicals or other materials that can be dangerous to human health. Over the years some of these companies have been found guilty of negligence. Mesothelioma cancer is a disease caused by exposure to asbestos and has caused many deaths. A number of companies have been found negligent in these deaths. Lawyers have been able to obtain compensation for medical expenses and loss of livelihood for these victims and their families. The area of law that governs toxic exposure is known as toxic tort, and these cases are handled by personal injury attorneys.
Defective Drugs. Defective drugs have side effects that can harm people. While drugs undergo extensive clinical trials and the FDA recalls those that are considered dangerous, some drugs are found to be dangerous even after release to the public.
Pharmaceutical companies that knowingly withhold information regarding a drug's potentially harmful effects may be held liable in a court of law. FDA approval does not absolve a drug company of its responsibility to inform consumers and their physicians of a drug's dangerous potential. Drugs that may be defective include Vioxx, Fen-phen and Paxil. If you have taken any of the drugs that have been recalled and have suffered an injury, contact a defective drug lawyer immediately

http://www.yourlegalguide.com/personal-injury/

Personal Injury Lawsuits

2012-02-01T20:59:00.009-05:00

Personal Injury Lawsuits

Defective Products. A defective product poses an unreasonable risk of causing harm to consumers. Products that have been found defective include certain types of airbags, seatbelts, tires and medical devices, as well as consumer products such as appliances, clothing and toys.
Product manufacturers are held to strict liability standards. This means that the plaintiff in a defective products case need not show negligence or intentional wrongdoing on the part of the manufacturer. Proving that the product is defective and that the plaintiff was harmed is usually sufficient to win the case.
Birth Injury. A birth injury is a physical injury that takes place during the birth process. Due to advances in technology, birth injuries have decreased significantly over the past few decades. Nonetheless, mistakes still occur due to negligence, and sometimes they lead to birth injuries.
Doctors and hospitals are required to order the appropriate tests, treat conditions that affect the health of the child and take precautions during childbirth. A doctor's or hospital's failure to perform these tasks may be considered an act of negligence in a court of law. To learn more, refer to our section on birth injury or contact a birth injury lawyer to determine your legal rights

http://www.yourlegalguide.com/personal-injury/

Personal Injury Lawsuits

2012-02-01T20:59:00.007-05:00

Personal Injury Lawsuits

Traumatic Brain Injury (TBI). Traumatic brain injury refers to sudden physical trauma to the brain. Each year, a staggering 1.5 million Americans suffer traumatic brain injuries, and 52,000 die. Car accidents are the leading cause of TBI. Other causes include sports, slips and falls and, sadly, child abuse.
As with victims of other types of personal injury, victims of traumatic brain injuries that occur due to negligence or willful wrongdoing (and their families) are sometimes able gain compensation for pain and suffering, medical expenses, loss of income and other expenses associated with the incident. If you know someone who suffered a traumatic brain injury in a car accident or other tragedy, read our section on TBI and contact a personal injury lawyer immediately.
Wrongful Death. Wrongful death lawsuits are brought on behalf of individuals who died as a result of another person's negligence or wrongful actions. Only the executor of the decedent's estate can file suit, and only designated distributees can receive compensation.
Statutes of limitations vary from one to three years, depending on the state. Therefore, if someone you love was killed in a car accident or other tragic situation due to someone else's actions, it is very important that you contact a personal injury lawyer immediately. Your lawyer will help you interpret your state's guidelines, provide you with examples of settlements, and determine your legal recourse. For more information, refer to our section on wrongful death.

http://www.yourlegalguide.com/personal-injury/

Personal Injury Lawsuits

2012-02-01T20:59:00.004-05:00

Personal Injury Lawsuits

Animal Bites. Domestic animals are responsible for the vast majority of animal bites in the United States. While many dogs are well-behaved, they are involved in far more biting incidents than any other animal. Each year, approximately 4.7 million people are bitten by dogs, according to the Centers for Disease Control. Although very few people die from dog bites, around 800,000 seek medical attention each year, and over half of them are children. In fact, children between 5 and 9 years of age are affected more than any other age group.
Not surprisingly, 50 percent of animal bites occur on the owner's property, and many states have passed laws to punish owners who put others in danger by keeping aggressive dogs within close proximity to other people. In one-third of states, dog bites fall under strict liability, meaning that the owner may be held liable regardless of whether he or she is guilty of negligence or intentional wrongdoing.
Aviation Accidents. Air travel is very safe, especially compared with other modes of transportation. Over the years, the Federal Aviation Administration and National Transportation Safety Board have been very successful in promoting safe air travel. However, emergency landings and other emergencies are actually quite common, and occasionally accidents occur. These mishaps are usually due to human error or mechanical problems. If you or a loved one has been harmed in an aviation accident, you should contact a personal injury attorney to help you determine if you are entitled to compensation.

http://www.yourlegalguide.com/personal-injury/

Personal Injury Lawsuits

2012-02-01T20:59:00.001-05:00

Personal Injury Lawsuits

Assault and Battery. Assault and battery are offenses in both the criminal and civil law arenas. In a criminal case, assault and battery are often part of a single case. However, in civil matters they are separate. Assault is an attempt to physically harm another person, and battery is the actual infliction of harm. In addition to having the perpetrator locked up, victims of assault and battery may be able to collect damages for medical expenses, pain and suffering and other expenses. A personal injury attorney can help you obtain the compensation that you are entitled to.

Personal Injury Lawyers

Because personal injury encompasses so many areas of law, some personal injury lawyers specialize in only one area, such as mesothelioma or defective products. Other firms practice in all areas of personal injury. If you or someone you love has been harmed due to the negligence or wrongful actions of another person, you may want to consider hiring a personal injury attorney.

http://www.yourlegalguide.com/personal-injury/

Lemon Law Rules

2012-01-31T21:50:00.001-05:00

Lemon Law Rules

o Lemon laws were created to give consumers protection against faulty warranties and products that do not meet accepted standards of performance and quality. In some instances, lemon laws offer a more extensive guarantee than the product's warranty. Every state has its own set of rules regarding how lemon laws are enforced and which products are covered. The federal lemon laws are uniform and cover all citizens, regardless of the state in which you live.

Magnuson-Moss Warranty Act

o The Magnuson-Moss Warranty Act is the federal lemon law that protects consumers who have purchased products worth more than $25 that come with a written manufacturer's warranty. This law also puts in place the rule that manufacturers cannot create unfair warranties that make it difficult for the consumer to bring litigation against the company. The Magnuson-Moss Warranty Act makes it easier for the average citizen to seek legal recourse against large companies by providing an award of lawyer fees.

The Uniform Commercial Code

o The Uniform Commercial Code, or UCC, is a federal lemon law that applies to citizens of all 50 states. The UCC covers all contracts that deal with the sale and purchase of products. Specifically, the Uniform Commercial Code states that the consumer has the right to have a faulty product or lemon replaced, or to receive a refund of the purchase price. This law, however, fails to define exactly what a "lemon" is. Therefore, it is left up to the consumer's state courts to decide whether the product in question fails to meet expected standards or if the warranty is unlawful.

State Vehicle Lemon Laws

o Typically, states have lemon rules in place that require the manufacturer to give the consumer a refund or offer a replacement of a new vehicle that has a major problem that cannot be fixed in at least four attempts, a safety defect in at least two attempts, or if the vehicle is broken down a total of 30 days out of its first 12,000 to 18,000 miles or 12 to 24 months.

Consumer Affairs advises that to ensure that you will be covered by your state's lemon laws, be sure to maintain good, accurate records of your product and the problems you're having, provide proper notice to the manufacturer or dealer, and use the correct arbitration programs. Also be certain to document all transactions.

Generally, you will qualify for compensation if the product is still under warranty, if the vehicle was certified by the manufacturer, or if there was an extended warranty purchased. You may also qualify if the product or vehicle had a history of known problems, if its odometer was rolled back, it was salvaged, wrecked, stolen, in a flood, or was previously a rental, police or taxi car.

http://www.ehow.com/list_5775279_lemon-law-rules.html

Top 100 Insurance companies

2012-01-31T21:40:00.002-05:00

Top 100 Insurance companies

1. Aetna Life Insurance Company
2. AIG Life Insurance Company (** This company once #2, is completely out of top 100)
3. Allianz Life Insurance Company of North America
4. American Family Life Assurance Co of Columbus
5. American Fidelity Assurance Company
6. American General Life and Accident INS Co
7. American General Life Insurance Co
8. American Income Life Insurance Co
9. American Memorial Life Insurance Co
10. American National Life Insurance Co
11. Americo Financial Life And Annuity Insurance Co
12. Anthem Blue Cross Life And Health Ins Co
13 Aurora National Assurance Life Insurance Company
14 Aviva Life and Annuity Company
15. AXA Equitable Life Insurance Company
16.Bankers Life and Casualty Company
17. Banner Life Insurance Company
18. Beneficial Life Insurance Company
19. C.M. Life Insurance Company
20. Colonial Life & Accident Insurance Company
21. Columbus Life Insurance Company
22. Conseco Life Insurance Company
23. Farmers New World Life Insurance Company
24. First-Penn Pacific Life Insurance Company
25.Forethought Life Insurance Company
26. General American Life Insurance Company
27. Genworth Insurance Company
28. Gerber Life Insurance Company
29. Great American Life Insurance Company
30. Great-West Life & Annuity Insurance Co.
31. Guardian Life Insurance Company of America
32. Hartford Life and Accident Insurance Company
33. Hartford Life Insurance Company
34. Homesteaders Life Company
35. Indianapolis Life Insurance Company
36. ING Life Insurance and Annuity Company
37. Jackson National Life Insurance Company
38. John Hancock Life Insurance Company
39. John Hancock Life Insurance Company USA
40.. Kansas City Life Insurance Company
41.. Lafayette Life Insurance Company
42... Liberty Life Assurance Company of Boston
43.. Liberty National Life Insurance Company
44.. Life Insurance Company of North America
45. Life Insurance Company of the Southwest
46. Life Investors Insurance Co of America
47. Lincoln Benefit Life Company
48. Lincoln Heritage Life Insurance Company
49. Lincoln National Life Insurance Company
50. Massachusetts Mutual Life Insurance Company
51. Metropolitan Life Insurance Company
52. Midland National Life Insurance Company
53. Minnesota Life Insurance Company
54. Monumental Life Insurance Company
55. MONY Life Insurance Company of America
56. MONY Life Insurance Company
57. National Guardian Life Insurance Company
58. National Life Insurance Company
59. New England Life Insurance Company
60. New York Life Insurance and Annuity Corporation
61. New York Life Insurance Company
62. North American Company for Life & Health Ins.
63. Northwestern Mutual Life Insurance Company
64. Ohio National Life Assurance Corporation
65. OM Financial Life Insurance Company
66. Pacific Life Insurance Company
67. Penn Mutual Life Insurance Company
68. Phoenix Life Insurance Company
69. Primerica Life Insurance Company
70. Principal Life Insurance Company
71. Protective Life Insurance Company
72. Provident Life and Accident Insurance Co.
73. Pruco Life Insurance Company
74. Prudential Life Insurance Company of America
75. Reassure America Life Insurance Company
76. Reliance Standard Life Insurance Company
77. ReliaStar Life Insurance Company
78. Riversource Life Insurance Company
79. Security Life of Denver Insurance Company
80. Standard Insurance Company
81. Stonebridge Life Insurance Company
82. Sun Life and Health Insurance Company
83, Sunset Life Insurance Company of America
84. Surety Life Insurance Company
85. Symetra Life Insurance Company
86. Transamerica Life Insurance Company
87. Transamerica Occidental Life Insurance Company
88. Trustmark Insurance Company
89. U.S. Financial Life Insurance Company
90. Union Central Life Insurance Company
91. Union Security Insurance Company
92. United Healthcare Insurance Company
93. United Insurance Company of America
94. United Investors Life Insurance Company
95. United of Omaha Life Insurance Company
96. United States Life Insurance Company
97. Unum Life Insurance Company of America
98. West Coast Life Insurance Company
99. Western and Southern Life Insurance Company
100. Western Reserve Life Assurance Co of Ohio

Why not use a Accountant over a Tax Attorney?

2012-01-30T22:25:00.002-05:00

Why not use a Accountant over a Tax Attorney?

If you are looking for pursuing tax relief, a tax attorney is the best option. Tax attorneys specialize in all tax laws, and in particular, tax relief. Whereas accountants generally handle the basic payment of taxes and payment of fees to the federal government when they become more complex than the basic forms, tax attorneys are familiar with all of details and pitfalls of the gigantic American tax law. They know all the ins and outs, and can generally find a solution and a happy medium that both the debtor and the federal government will find satisfactory. They are specialists that that are trained and well-versed in the system that can make the system work right.
Like all professions, some cast tax attorneys in a negative light similar to auto accident attorneys by the way they help debtors get out of money they rightfully should pay to the government. While it is true that tax attorneys often help get debts forgiven, they do not actually inhibit the federal government’s earning capacity—remember that tax relief helps generate additional revenue due to the compounded interest
Tax attorneys do not provide a ‘get out of jail free card’, nor a ‘get out of debt free’ card. They provide settlements that are mutually beneficial to both the Internal Revenue Service and the debtor, keeping individuals financially healthy and keeping the government running smoothly. They are agents working with a large and complicated system to make the system work better.
If you or someone you know is having difficulties with their taxes, do not overlook the help a friendly tax attorney could provide you. They might save your wallet—and your family’s home.

http://www.taxattorneyhelps.com

What Is A Tax Attorney

2012-01-30T22:24:00.006-05:00

What Is A Tax Attorney

A tax attorney is a specialty group of attorneys that specialize in tax law. These specialists are by far some of the most highly educated group of attorneys due to the many different city, county, and state taxation laws that apply across the United States. These taxation laws also change constantly (some on a yearly basis) so handling anything more advanced than paying your basic income tax without professional advice is something that you should not take lightly.
Tax attorneys are also instrumental in pulling together tax relief plans. Tax relief is fairly new concept which remains to this day a fairly unknown concept. Tax relief is the process by which one can have portions of their debts—especially, as the name implies, federal taxes with the United States’ Internal Revenue Service (IRS)—forgiven through a compromise.
This is advantageous to all parties involved for the simple reason that getting some payment of money owed is usually better than nothing at all. The debtor (the one who owes the money) pursuing tax relief is benefited because he will not be forced into bankruptcy by the action of pursuing tax relief, and the federal government benefits because they receive a fixed sum (with interest) that is likely greater than what they ordinarily would have received had the individual simply gone for bankruptcy.
Let’s be totally honest here, being in a situation in which you have to ask for this type of tax relief is not an easy thing to do and can be quite uncomfortable. It tends to be a viable option for those that are trying to do the right thing and keep themselves or their business in tact to hopefully be profitable again in the near future. By providing this service, the tax attorney helping with the tax relief negotiation and process earns a fee for their services. This is paid for by the debtor or the one who owes the money and is in need of the tax relief.

http://www.taxattorneyhelps.com

When Do I Need a Tax Attorney?

2012-01-30T22:24:00.004-05:00

Question: When Do I Need a Tax Attorney?

What can a tax attorney do for my small business? When should I call a tax attorney?

Answer:

What is a Tax Attorney
A tax attorney is, first of all, an attorney. That is, he or she has a Juris Doctor (J.D.) degree and has passed the bar exam, qualifying this person to practice law in one or more states. The tax specialization is developed over time and experience by certain attorneys. Tax attorneys keep up with the many frequent changes in the tax law to help you with tax questions.
When is a Tax Attorney Needed
Some businesses keep a tax attorney on retainer, because there are many situations when a business might need a tax attorney. For example:

At business start-up, a tax attorney reviews the various legal types of business to determine which might be best for that business.
A tax attorney reviews business contracts and negotiations, such as those for purchase or sale of a business, to determine the tax effects of these deals.
A tax attorney can advise on treatment of sales and expenses and deductions (depreciation, for example) for the most advantageous tax treatment.
A CPA can represent you in an audit, as can a tax attorney, but only the attorney can represent you in a tax court situation.
In business bankruptcy, a tax attorney can help determine the best bankruptcy form and can advise you on the potential tax effects of various actions during and after the bankruptcy.

http://taxes.about.com

Questions to ask tax attorney

2012-01-30T22:24:00.001-05:00

Questions to ask

Is the attorney admitted to the state bar?
What does the tax attorney specialize in?
How much does the attorney charge?
Can the attorney help you with your tax case?
If not, can the attorney refer you to another tax attorney who can help you?

Free and Low Cost Legal Assistance

Tax clinics throughout the United States provide free or low-cost legal assistance to qualifying taxpayers. Tax clinics are funded by the National Taxpayer Advocate. You can find a complete list of tax clinics in IRS Publication 4134 (PDF file, 4 pages).

http://taxes.about.com

What you should look for Tax attorneys

2012-01-30T22:23:00.003-05:00

What you should look for

Tax attorneys must have a Juris Doctor (J.D.) degree and must be admitted to the state bar. Those are the minimum requirements for practicing law. Additionally, tax attorneys should have advanced training in tax law. Most will have a master of laws (LL.M.) degree in taxation.

Some tax attorneys also have a background in accounting. If you are facing a complex accounting as well as legal matter, you might want to looking for an attorney who is also a Certified Public Accountant.

http://taxes.about.com

When Do You Need a Tax Attorney?

2012-01-30T22:23:00.001-05:00

When Do You Need a Tax Attorney? Tax attorneys are lawyers who specialize in the complex and technical field of tax law. Tax attorneys are best for handling complex, technical, and legal issues.

You definitely need a tax attorney if:

You have a taxable estate, need to make complex estate planning strategies, or need to file an estate tax return.
You are starting a business and need legal counsel about the structure and tax treatment of your company.
You are engaging in international business and need help with contracts, tax treatment, and other legal matters.
You plan to bring a suit against the IRS.
You plan to seek independent review of your case before the US Tax Court.
You are under criminal investigation by the IRS.
You have committed tax fraud (such as claiming false deductions and credits) and need the protection of privilege.

http://taxes.about.com

New York Lemon Law

2012-01-30T22:12:00.002-05:00

New York Lemon Law

NY Lemon Law Guide for Automobiles, Motorcycles, Motor Homes, Trucks and RVs

This text is taken from a booklet entitled New York's New Car Lemon Law, A Guide for Consumers, revised May 2005. Free copies are available from the New York State Department of Law, State Capitol, Albany, NY 12224 or from any regional office of the Attorney General. 1. WHAT IS THE PURPOSE OF THE NEW CAR LEMON LAW?
The New Car Lemon Law provides a legal remedy for buyers or lessees of new cars that turn out to be lemons. If your car does not conform to the terms of the written warranty and the manufacturer or its authorized dealer is unable to repair the car after a reasonable number of attempts during the first 18,000 miles or two years, whichever comes first, you may be entitled t o a full refund or a comparable replacement car. A copy of the law may be found in the back of this booklet.
2. WHICH VEHICLES ARE COVERED BY THE NEW CAR LEMON LAW?
The law covers both new and used cars, including demonstrators, motorcycles and motor homes which satisfy all of the following four conditions:
a. The vehicle was covered by the manufacturer's warranty at the time of original delivery; and
b. The vehicle was purchased, leased or transferred within the earlier of the first 18,000 miles or two years from the date of original delivery; and
c. The vehicle either: (a) was purchased, leased or transferred in New York State, or (b) is presently registered in New York State; and
d. The vehicle is primarily for personal use.
Some examples of cars that may be covered by the new car lemon law are:

a new or demonstrator car, purchased or leased from a New Jersey dealer and registered in New York;
a new or demonstrator car, purchased or leased from a New York dealer and registered in New Jersey;
a new or demonstrator car received as a gift from a friend and registered in New York State;
a used car with less than 18,000 miles and less than 2-years old.

3. WHAT DOES “PRIMARILY FOR PERSONAL USE” MEAN?
Primarily for personal use is when its principal use is for personal, family or household purposes. Such purposes include, for example, using the car for household errands or to drive to and from work. A car may be used for both personal and business purposes provided that the personal use is predominant (more than 50% of the usage).
4. ARE MOTOR HOMES COVERED?
Yes. Motor homes are also covered under the law, except as to defects in systems, fixtures, appliances or other parts that are residential in character. Such items excluded from coverage include, but are not limited to: flooring, plumbing system and fixtures, roof air conditioner, furnace, generator, electrical systems other than automotive circuits, the side entrance door, exterior compartments, and windows other than the windshield and driver and front passenger windows. However, there are special notice requirements with respect to motor homes. The law defines a motor home manufacturer to include not only the manufacturer but also the assembler of the component parts of the motor home, including the chassis, engine and residential portion.
http://lemoncity.com

NEW YORK STATE NEW CAR LEMON LAW CONSU MER BILL OF RIGHTS

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NEW YORK STATE NEW CAR LEMON LAW

CONSU MER BILL OF RIGHTS

(1)

In addition to any warranties offered by the manufacturer, your new car, if
purchased and registered in New York State, is warranted against all material
defects for 18,000 miles or two years, whichever comes first.

(2)

You must report any problems to the manufacturer, its agent, or authorized
dealer.

(3)

Upon notification, the problem must be corrected free of charge.

(4)

If the same problem cannot be repaired after four or more attempts; or if your car
is out of service to repair the problem for a total of 30 days during the warranty
period; or if the manufacturer or its agent refuses to repair the substantial defect
or condition within 20 days of receipt of notice sent by receipt requested; then
you may be entitled to either a comparable car or a refund of your purchase
price, plus license and registration fees, minus a mileage allowance only if the
vehicle has been driven more than 12,000 miles. Special notification
requirements may apply to motor homes.

(5)

A manufacturer may deny liability if the problem is caused by abuse, neglect, or
unauthorized modification of the car.

(6)

A manufacturer may refuse to exchange a comparable car or refund
your purchase price if the problem does not substantially impair the
value of your car.

(7)

If a manufacturer has established an arbitration procedure, the
manufacturer may refuse to exchange a comparable car or
refund your purchase price until you first resort to the
procedure.

(8)

If the manufacturer does not have an arbitration procedure,
you may resort to any remedy by law and may be entitled
to your attorney's fees if you prevail.

(9)

No contract or agreement can void any of these rights.

(10)

As an alternative to the arbitration procedure made
available through the manufacturer, you may instead
choose to submit your claim to an independent
arbitrator, approved by the Attorney General. You
may have to pay a fee for such an arbitration. Contact
your local consumer office or Attorney General's office
to find out how to arrange for independent arbitration.

http://www.ag.ny.gov

To participate in the New York State Auto Leasing

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To participate in the New York State Auto Leasing Excess Wear and
Damage Arbitration Program, you must complete the attached form. Be
as accurate and complete as possible. You may send this form
electronically or by regular mail. Please attach copies of all relevant

documents (including your purchase or lease agreement, all service or work orders relating to the problem
for which you seek this arbitration, and any correspondence between you and the manufacturer or its
authorized dealer relating to such problem). DO NOT SEND ORIGINAL DOCUMENTS. Sign and
return the completed form, together with your documents, to:

New York State Attorney General's Office

120 Broadway --3rd floor

New York, NY 10271

Attention: EXCESS WEAR AND DAMAGE ARBITRATION UNIT.

Or Email to: NYAG.LemonLaw@ag.ny.gov

The Attorney General's Office will review your form and advise you whether your claim is accepted in the
arbitration program. If the form is accepted, you will be notified by the Attorney General's Office which
will then forward your form and documents to the New York State Dispute Resolution Association
(NYSDRA), the Program Administrator. NYSDRA will then notify you to send it the required $75 filing
fee. Upon receipt of the filing fee, NYSDRA will begin processing your claim. If your form is rejected by
the Attorney General=s Office, it will be returned to you with a statement indicating the reason for its
rejection.

http://www.ag.ny.gov

To participate in the New York State Used Car Lemon Law

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To participate in the New York State Used Car Lemon Law
Arbitration Program, you must complete the attached form. Be as
accurate and complete as possible. You may send this form
electronically or by regular mail. Please attach copies of all

relevant documents (including your purchase or lease agreement, all service or work orders relating
to the problem for which you seek this arbitration, and any correspondence between you and the
manufacturer or its authorized dealer relating to such problem). DO NOT SEND ORIGINAL
DOCUMENTS. Sign and return the completed form, together with your documents, to:

New York State Attorney General's Office

120 Broadway --3rd floor

New York, NY 10271

Attention: USED CAR LEMON LAW ARBITRATION UNIT.

Or Email to: NYAG.LemonLaw@ag.ny.gov

The Attorney General's Office will review your form and advise you whether your claim is accepted
in the arbitration program. If the form is accepted, you will be notified by the Attorney General's
Office which will then forward your form and documents to the New York State Dispute
Resolution Association (NYSDRA), the Program Administrator. NYSDRA will then notify you to
send it the required $120 filing fee. Upon receipt of the filing fee, NYSDRA will begin processing
your claim. If your form is rejected by the Attorney General=s Office, it will be returned to you with
a statement indicating the reason for its rejection.

http://www.ag.ny.gov