How the Type of Injury Can Affect the Timing of a Personal Injury Settlement

 

How the Timing of Your Settlement is Affected by Your Injury-Type

Transcript:

Hi, I’m Jared Richards and I’m one of the partners at Clear Counsel Law Group. One of our readers has asked: does the type of the injury that you get after being in a car accident affect how long it takes to settle? The answer is yes. Settlement deals with various different factors. Depending on how those play out, your settlement might take a month or two or might take years. The general principle is when you make a claim against an insurance company, you want to make a claim for the full size of your injury.

You don’t really know what the size of your injury is until you’re done treating. Because, one, you don’t know how much you’re going to be out of pocket for medical bills, or how much your medical bills are going to be. You don’t know whether or not you’re going to get better in a timely manner. There may be complications that occur midway through treatment that you don’t anticipate at the beginning. Until your injuries have either, one, resolved, or two, your doctors have said there’s nothing more we can do so we need to start planning what the expense of your future care is going to be, then it’s generally not ripe to settle the case.

 

settlement, personal injury, Las Vegas, Nevada

 

Now there is an exception to this. Let’s imagine that you have a horrendous injury. Let’s imagine you get into a car accident and you lose your leg. You know that the other side has only $15,000 of insurance and you also know that that other side doesn’t have money outside of insurance to pay the claim. That case actually might settle very, very quickly because the insurance company is very motivated to get that off their books and to make sure that they are protecting their insured. Sometimes a very big and complicated injury can lead to a very quick settlement.

However, if it was, say, a taxi company that hit you instead or a Walmart truck, or some truck that has a large insurance policy, that probably will lead to a longer settlement, often litigation, because the sides are not going to agree on how serious your injury is and how much you should actually be compensated for it.

Anyway, there are a lot of factors. Big injury, small policy, generally means you’re going to be settling quickly. Big injury, big policy, generally means that you’re going to be in it for a while. Anyway, we’re happy to help. If you have any questions, give us a call and take a look at our other videos. We’ve got lots of answers for you. Thanks.

How to Discharge Debt That Doesn’t Appear on Your Credit Report

 

How to Address a Debt on Hampering You That is not Listed on Your Credit Report

 

Transcript:

Hi, I’m Matt McArthur, bankruptcy attorney at Clear Counsel Law Group. I recently had a question from an individual thinking of filing for bankruptcy. It was: How can I get a debt discharged that’s not appearing on my credit report? This is a very good question because the first step that we do as a bankruptcy practitioner is to run your credit report so that we have a baseline of who your creditors are, and who you owe money to, and who out there is expecting to be paid by you.

Now what you want to do is when you get that credit report you need to review it make sure that everyone you owe money to is in fact listed on the credit report. That gets us to the point where if there’s somebody that you know that you owe money to that is not on the credit report, how do we get that information. It would be quite obvious who you owe the money to and how much you owe them if they’re trying to collect against you. If you’re getting phone calls, if you’re getting bills in the mail, that is an easy way to gather this information that’s not on the credit report. That information can be added manually to your bankruptcy schedules after the credit report has been run.

 

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If you’re worried about a particular creditor that is in current contact with you either by telephone or by mail, then you want to make sure and write down the name of the creditor, write down their mailing address, write down an account number, how much is owed to that credit, and if possible, when the debt was incurred originally, and what it’s related to. All that information is necessary to provide to the bankruptcy court when your bankruptcy schedules are filed.

Now, if you are unable to find contact information for your creditor on the credit report or they’re currently now calling you or sending you any letters, but you remember that you owed somebody money, that’s a little trickier. If you find yourself in that situation, please come and see me, bankruptcy attorney Matt McArthur at Clear Counsel Law Group, and we’ll use our sophisticated methods to track down this creditor’s contact information and get you on the right path to ensure that that debt is discharged as part of your bankruptcy. The last thing you want to do is to file bankruptcy and not got the benefit of the bankruptcy because you couldn’t give notice to one particular creditor. Please come and see me, Matt McArthur, and I’ll help you out. Talk to you soon. Bye.

Could You Be Fired for Suing Your Employer?

 

 

Should You Fear for Your Job from Your Employer if You Sue?

Transcript:

Hi, my names Jared Richards and I’m one of the partners at Clear Counsel Law Group. One of our readers has asked whether he can be fired when he is filing a lawsuit against the employer? The answer’s actually kind of complicated. As a general principle, we are an at-will employment state. In fact, I think [virtually] every state in the Unites States is an at-will employment. What that means is in an at-will employment state in general, an employer can fire an employee at any time for any reason. Just like an employee can quit at any time for any reason. Sometimes there are contracts that will prevent those. If there’s no employment contract in play then that’s the general principle.

 

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Employer can fire you for any reason that he wants. There are some exceptions. One, employers cannot fire you for federally protected reasons. For example, if you fall in to a protected category of race, gender, age, the employer can’t fire you on on the basis of discrimination. He can fire you for other reasons but not on the bases of discrimination. That doesn’t really apply to the lawsuit issue. Also, that only applies to employers of a certain size. As far as a lawsuit goes, it depends on what is the purpose of the lawsuit. There is a principle in the law that says the employer cannot terminate you for being a whistle-blower. If the employer does then the employers going to be liable. If the lawsuit is essentially you being a whistle-blower then the employer better think twice about firing you for that reason.

This is actually a pretty complicated area of law. I would highly recommend that you talk to somebody who has experience in representing people in employment matters. I’d find an employment lawyer. If you have any more questions please give us a call and we’re happy to help.

 

What Assets of Mine will be Sold in Bankruptcy to Pay Creditors?

 

Which of my Assets may be Sold in Bankruptcy to Pay Creditors?

Transcript

Hi. Matt McArthur, bankruptcy attorney at Clear Counsel Law Group. One thing to keep in mind when you’re filing for bankruptcy, especially a chapter 7 bankruptcy, when you file for bankruptcy, your non exempt assets become part of the bankruptcy estate. Now, the bankruptcy estate is essentially the way of referring to your property that’s not protected that is available for creditors. In a chapter 7 case, creditors get paid from the liquidation of the property of the bankruptcy estate.

That’s a lot of big words there. Basically, what that boils down to is, if you have property that has any value, can you protect it or can it be sold by the bankruptcy court? If it’s able to be sold by the bankruptcy court, the proceeds from those sales go to pay off your creditors. If it’s not something that’s subject to being sold by the bankruptcy court, that’s your own personal property. That’s exempt and it’s not part of the bankruptcy estate.

Business & Finance

Bankruptcy, creditors

 

One thing to keep in mind, property that is part of the bankruptcy estate cannot be sold. When you file for bankruptcy, you are technically not the owner of the property. The owner of the property is the bankruptcy estate, which is how the bankruptcy court has the power to sell that property and obtain proceeds to pay off creditors in exchange for your debts being wiped out.

If you have any questions about whether or not something can be sold during the course of a bankruptcy, please meet with an experienced bankruptcy attorney who will be able to give you some sound advice as to whether or not you really want to sell that property while the bankruptcy case is pending. If you were to sell something that is part of the bankruptcy estate without court permission or court authority, it could cause some big problems for your bankruptcy case and undo everything that you’re trying to accomplish with your case.

Again, this is Matt McArthur, advising you to please speak with a bankruptcy attorney before you think about selling any property during your case. I’ll see you next time.

What is an Appropriate Amount of Car Insurance to Carry?

 

How Much Car Insurance Coverage Would You Recommend?

Transcript:

Hi, I’m Jared Richards. Hi, I’m Jared Richards. I’m one of the partners here at Clear Counsel Law Group. Now, one of our readers has recently asked us how much insurance coverage he should have on his car. It’s an interesting question because there are many different types of insurance coverage you can have on your car. There’s insurance coverage that will cover the property damage that you cause if you’re at fault. There’s insurance coverage that will cover property damage done to your car even if it’s your fault. There is other coverage that will cover your car if it’s somebody else’s fault and they don’t have enough or they don’t have any insurance. That’s for the property damage. Let’s talk about injury.

Now, it’s the same idea. There is liability insurance that’s going to cover you if you hurt somebody else. There’s uninsured and underinsured motorist coverage that covers you if somebody else hurts you. Then there’s MedPay. MedPay simply pays for medical bills. Now I want to talk about how much coverage we have in liability. The answer, I think, is having as much as you can afford. Now, it’s tempting sometimes to either not buy insurance, which is just wrong, I think it’s immoral to not buy insurance, or to simply go with the state minimums. I think that’s also problematic, and possibly also a moral issue.

Now, I understand there are budgetary issues that every family has to deal with. Sometimes, realistically, minimum policies is all that the family can possibly afford. Even if you had the best budgeter examining and altering their budget, they would still put them on a 15/30, a minimum policy. If you have more money, and getting more insurance is not relatively all that much more expensive, buying is helps two people. One, it helps protect you. I had somebody come in recently and say that they had been in a car accident and somebody was suing them. They had assets that were exposed. If you have assets, if you have a lot of money in the bank account, if you have property, if you have real estate rental property, if you have other investments, you need to have insurance. You should also talk about it to an attorney, and you can come talk to our asset protection department, about how to set up those assets so they are protected.

Let’s move on to what I view as a moral issue of protecting others if it’s your fault. The idea is that none of us wants to cause an accident, none of us. It’s so easy to do it. Some are from sheer stupidity. They’re doing things that they shouldn’t be doing: drinking driving, things like that. Some of them are just simple mistakes. We all mistakes when driving. Luckily, for most of us, we don’t make mistakes when somebody’s in our way. But people screw up, and it’s an accident and people get hurt. Now if you find yourself in that situation where you have seriously hurt somebody, don’t you want to be in a position where you can offer up your own insurance policy? You know it’s not going to make it right. You know it’s not going to bring them back their legs or make them work again. It’s not going to make it better. It’s not really going to truly make it even, but it’s the best you can do.

If you’re sitting on a 15/30 policy and, heaven forbid, you nod off at the wheel or you over-adjust your car and you over-adjust your car and you make a mistake that anybody can make, and you kill somebody or you paralyze them for life, or you otherwise seriously, seriously hurt them, you want to be in a position where you can make it as right as possible. For those that have financial ability, I really encourage go buy at least $100,000 of coverage, at least, preferably 250. I’ve even seen a 500/500 policy. Now on top of that, both to protect yourself and to protect others, umbrella policies are very inexpensive. Purchasing a million dollars in coverage on top of your car insurance policy for just negligence, it’s a very affordable prospect. It protects your assets and it fulfills your duty to try to make things right if you have committed a wrong, even if it’s accidental.

I’m not selling insurance here, but you may want to talk to your insurance agent and make sure that your limits are appropriate to protect you, to protect your family, and to protect the other people that are on the road around you. If you have any questions, feel free to give us a call. Thanks for watching this video, and we’ll see you in the next video.

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We are excited to announce the creation of the Clear Counsel Law Group.  We are a group of Southern Nevada lawyers who are eager to make a difference in our community.

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