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The Biggest, Ongoing FDA Recalls & Lawsuits

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If there’s one thing that consumers, organizations, and investors detest, it is recalls because they’re packed with inconvenience. Recalled products pose adverse safety risks for consumers and are tied to a barrage of ailments and even fatalities. For manufacturers, recalls usually tarnish their brand reputations. This leads to a decline in profit margins.

Disgruntled consumers that are adversely affected by recalls file lawsuits against the manufacturers. It’s a nightmare for everyone involved. To that end, let’s explore the biggest, ongoing FDA recalls and lawsuits. Read on!

Losartan Recall

Did you know that approximately 103 million Americans have high blood pressure? As a result, Losartan is one of the most popular drugs used to treat this condition and in turn, diminish the likelihood of strokes. It’s also used in the treatment of kidney disease for those diagnosed with diabetes.

medicine organizer

As an Angiotensin receptor, Losartan aids in the relaxation of the blood vessels. In turn, this makes it a breeze for the heart to pump blood to the body. However, things recently took a turn for the worse when this once-trusted drug was recalled by the FDA due to carcinogenic impurities found in it.

They’re higher than acceptable levels of N-Methylnitrosobutyric acid (NMBA), N-Nitrosodimethylamine (NDMA), and N-Nitrosodiethylamine (NDEA). While these substances are present in dairy products, water, and meats, as per the FDA, the acceptable consumption limits in medications are:

  • 96 NG per day of NDMA
  • 26.5 Ng per day of NDEA

However, Losartan was found to contain 300 to 20,000 Ng per tablet.

The FDA found that more than a dozen brands of hypertension medication had unsafe levels of NMBA, NDMA, and NDEA, all of which are known animal and human carcinogens. As a result, individuals who took Losartan to treat high blood pressure, left ventricle enlargement, diabetic kidney damage, congestive heart failure, and other medical conditions may have been exposed to its harmful side effects.

Common risks include cancer of the bladder, colon, stomach, liver, pancreas, and lower esophagus, as well as other conditions such as leukemia, heart attack, stroke, and hypertension.

Some of the pharmaceutical companies affected by the recall are:

  • Torrent Pharmaceuticals
  • Solco Healthcare
  • Sandoz
  • Mylan Pharmaceuticals
  • Macleods Pharmaceuticals
  • Hetero Labs
  • American Health Packaging
  • And several others

Unfortunately, many patients have been taking these drugs for several years, completely oblivious to the potential risks they pose. Thousands of people have since filed lawsuits against the errant companies, citing negligence for failing to check for the presence and levels of carcinogens in the medications.

A four-bench panel of judges ruled to combine all Losartan lawsuits with pending cases involving similar drugs sold under different generic brands. These would be consolidated into multidistrict litigation (MDL) since they all have overlapping evidence.

The cases are still a few years away from settlements. The first few bellwether trials are currently being litigated in a district court.

Plaintiffs are seeking damages to cover medical costs, lost wages from being too sick to work, out-of-pocket expenses, pain and suffering, and funeral costs if the victim died.

Mylan Alprazolam Recall

The FDA publicly stated that Mylan Pharmaceuticals is carrying out a voluntary recall of Alprazolam tablets that are usually sold under the brand name Xanax. While the medication is renowned for treating panic and anxiety disorders, the recall stems from the possible contamination by a foreign component.

mylan alprazolam

The recall encompasses a barrage of bottles, each containing 500, 0.5mg tablets that were dispensed in the U.S from July to August of this year. The affected batch has a distribution number of 8082708, with an expiration date of September 2020.

The Mylan Alprazolam Recall is at a consumer level across the nation. While the clinical impact of the foreign substance is seemingly rare and no adverse outcomes have been reported, there is still the likelihood of consumers being infected. Mylan has also pulled the plug on any distribution of Alprazolam.

Juul Lawsuit

Siddharth Breja, a former executive of Juul, filed a lawsuit against the company that laid him off for complaining about its contaminated products. He claims that the organization was aware of the contaminated e-liquid that was used in roughly 1 million pods that were shipped to retailers earlier in the year.

juul lawsuit

The lawsuit came the same day that Juul publicly stated that 10-15% (approximately 500) of its employees would be retrenched. Juul is currently under the FDA’s watchful eye which claims that the company issued misleading statements about its e-liquid and targeting teens.

According to Breja, it was during a meeting on March 12th that he caught wind of a contaminated e-liquid batch that was used in 1 million pods (250,000 refill kits). The company shipped the pods to retailers and intentionally kept consumers in the dark.

He also alleges that the organization’s unwillingness to recall the defective products or issue a safety and health notice was fueled by the potential loss of $38 billion in sales. Nearly 1 week later, Breja claims that the company laid him off.

In June 2021, the e-cigarette maker was ordered to pay a $40 million settlement to North Carolina after the state sued the firm for marketing its tobacco products to teens. The lawsuit came after concerns that the use of e-cigarettes among underage teens rose by 78% in the state.

As part of the settlement deal, Juul agreed to pay the amount over a six-year period and change the way it markets and advertises its products in the region. The company would no longer be allowed to use underage youth as the targets of its campaigns, nor use any person aged 35 years or below in its adverts.

Opioid Lawsuit

Approximately 400,000 fatalities in the U.S have been tied to overdoses of opioids for nearly 3 decades (from 1990). The U.S Centers for Disease Control and Prevention (CDC) states that roughly 218,000 of these fatalities stem from opioid prescriptions. And, the rest were from illegal opioids such as heroin.

The problem is only just heating up. The CDC announced that the opioid-related fatalities were 6 times greater in 2017 than in 1999. And, roughly 2500 lawsuits over opioids are pending. The initial lawsuit that survived a motion to dismiss was filed by Chicago city in 2014.

Since then, a barrage of individuals (thousands) from different cities and states has filed lawsuits against opioids. Approximately 2000 of these pending litigations are under the watchful eye of a federal judge in Cleveland, Ohio. The judge will have the responsibility of keeping everyone on the same page and leading pretrial motions.

In November 2021, a federal jury ruled to hold pharmacies responsible for the opioid epidemic plaguing two counties in Ohio. In the verdict, the court determined that Walmart, Walgreens, and CVS did not do enough to stop or control the number of pills flooding the counties, resulting in hundreds of overdose-related deaths. These cumulatively cost the two counties roughly $1 billion in unwarranted expenditure.

Earlier that month, a judge in California ruled in favor of top pharmaceutical companies in a lawsuit filed by the city of Oakland and three counties in the state. In the ruling, the judge stated that the governments had failed to provide sufficient evidence showing that the drug makers had used deceptive marketing and advertising that was directly responsible for the opioid crisis in the region.

Purdue Pharma Lawsuit

Purdue Pharma, the manufacturer of OxyContin that is sold under the brand name Oxycodone, is facing more than 2000 lawsuits ranging from $10 billion to $12 billion. The Sackler family (the owners) is facing litigations for starting and maintaining the opioid crisis.

purdue logo

According to the CDC, Purdue’s sales were deceptive and partially responsible for the crisis that claimed more than 400,000 lives between 1999 and 2017. Some of the litigations allege that since 2007, the Sackler family drained the company’s funds to enrich themselves. And, they established a multi-billion dollar empire based on Oxycodone addiction that’s popularly used to treat adverse pain.

In September 2021, Purdue Pharma reached a bankruptcy settlement agreement that required the Sacklers to hand over their fortune worth $4.5 billion to help address the opioid crisis ravaging the country.

One controversial clause in the agreement absolves the family from all past, present, and future opioid-related liability. The settlement effectively marks the end of a long, drawn-out legal battle to hold Purdue Pharma and its owners responsible for fueling the opioid crisis.

Zantac Recall

Sanofi voluntary recalled its over-the-counter (OTC) medication Zantac, in Canada and the U.S due to possible contamination of N-Nitrosodimethylamine (NDMA), that’s a carcinogenic substance. The company’s decision to recall the drug was fueled by discrepancies in the test results conducted.

sanofi logo

Sanofi announced its dedication to transparency and keeping health authorities in the loop about the outcome of ongoing tests. They have agreed to continue co-operation with authorities to permit informed decisions based on the available evidence and data from the tests.

Sanofi also stated that they’ll decide on the extent and level of the recall after conferring with the FDA and Canada Health. The two health authorities are diligently investigating the source of the contamination.

Several lawsuits have since been filed against the drug manufacturer. These are currently being consolidated into multidistrict litigation in the Southern District of Florida. If you have developed cancer of the bladder, colon, stomach, liver, pancreas, lower esophagus, or any other type of cancer as a result of using Zantac or suffered any other injuries related to the drug, get in touch with an attorney to review your claim and explore the legal options for recovery available to you.

Amlodipine Recall

The FDA has recalled an array of blood pressure medications including Amlodipine that’s used to lower high blood pressure. The drug is prescribed to treat various conditions, including heart attacks, strokes, and kidney problems.

high blood pressure

Amlodipine is part of a class of drugs called calcium channel blockers that function by relaxing the blood vessels, thereby facilitating easy blood flow. The recall stems from the presence of carcinogenic (cancer-causing) contaminants, N-Nitrosodimethylamine (NDMA), or N-Nitrosodiethylamine (NDEA).

Nonetheless, the FDA urges patients not to stop taking the prescribed medication without consulting their respective healthcare providers. Abrupt discontinuation of Amlodipine can have adverse repercussions. So, healthcare providers can propose alternative drugs that effectively manage high blood pressure.

The FDA issued a recall on amlodipine/valsartan and amlodipine/valsartan/hydrochlorothiazide combination tablets due to the presence of NDEA, a known animal and human carcinogen. The substance has been found in valsartan API, an ingredient manufactured by Mylan India. Keep in mind that standalone Amlodipine is safe for use when not combined with valsartan.

If you were using Amlodipine as a standalone drug, then you have no legal recourse. On the other hand, if you were using a combination pill that had valsartan as one of its ingredients and you’ve suffered an injury such as cancer, you can file a suit against the drugmaker. Since there are hundreds of similar suits, they will all be combined into multidistrict litigation.

Roundup Lawsuit

Renowned weed killers such as Roundup depend on herbicide known as glyphosate as the active ingredient. However, a connection between this ingredient and adverse health issues such as cancer was found. In turn, this has fueled a plethora of toxic torts by gardeners, landscapers, and farmers against the manufacturer, Monsanto.

In August 2018, a California jury reached a verdict in favor of a 46-year-old groundskeeper for various schools in the jurisdiction. The plaintiff’s lawyer argued that his client developed non-Hodgkin’s lymphoma from using Roundup on the job. It was established that there’s a scientific link between the illness and the product.

The jury agreed that Monsanto failed to give consumers a heads up on the cancer risks associated with the product. As a result, the plaintiff received a hefty settlement of $78.5 million.

Hernia Mesh Lawsuit

It’s no secret that a hernia won’t fix itself. So, one of the main treatments is to implant a hernia mesh. This requires surgery that involves a small piece of netting that provides extra support to the damaged or weakened area. The most publicized litigations encompass synthetic hernia mesh.

There’s a multitude of such cases across the country involving the use of defective hernia mesh in surgeries. These have resulted in the failure of the device, causing a wide range of complications, including organ perforation, adhesion, calcification, inflammation, thrombosis, and several others. Most of the affected patients suffered from hernia recurrence and have had to go for additional surgeries to rectify the problem.

Based on the outcome of several reports to the FDA, the drugmakers have withdrawn their hernia mesh devices from the market.

According to the suits, the manufacturers were aware of their defective products but chose to keep the patients and their doctors in the dark.

The main targets of the hernia mesh lawsuits being filed by plaintiffs are:

  • Atrium Medical, the manufacturer of the C-QUR hernia mesh
  • C.R. Bard, the manufacturer of Kugel mesh
  • Ethicon, the manufacturer of Physiomesh

The lawsuits against these drug manufacturers are still ongoing.

Mesothelioma Lawsuit

As fate would have it, Asbestos exposure leads to Mesothelioma. And while this exposure could’ve been prevented, a Mesothelioma lawsuit allows the victims to take action. The two essential components in this lawsuit are the defendant (the asbestos company) and the plaintiff (the Mesothelioma victim).

Usually, asbestos companies opt for out of court settlements to evade the high likelihood of the judgment being in favor of the victim. This ensures the best outcome for both parties involved.

However, if the case goes to trial, then it’s up to the victim’s lawyer to have overwhelming proof of asbestos exposure. And, more evidence could mean a larger settlement.

Xarelto Lawsuit

There are thousands of litigations against Janssen Pharmaceutical, the manufactures of Xarelto. Under the brand name rivaroxaban, this drug is a prescribed blood thinner for victims of deep vein thrombosis (DVT), strokes, and pulmonary embolisms.

Owned by Johnson and Johnson, Janssen Pharmaceutical has partnered with Bayer Healthcare to advertise the drug. The litigations brought against the companies allege that Xarelto is the root cause of irreversible damage that leads to fatal internal bleeding issues.

They also state that other blood thinners are just as effective minus the endangerment of the lives of patients. The lawsuits further state that Bayer and Janssen failed to give healthcare experts proper guidelines for the type of patients who are eligible for treatment via Xarelto. The companies also fail to offer ideal screening and warnings for adverse side effects of the drug.

These lawsuits are packed with essential arguments:

  • The drug is arguably defective and dangerous
  • Janssen failed to take proper precautions in manufacturing the drug
  • Xarelto didn’t undergo rigorous testing by the manufacturer
  • Bayer and Janssen didn’t give patients and healthcare providers a heads up of the likelihood of uncontrolled bleeding
  • Janssen and Bayer kept the evidence of these adverse side effects under wraps. So, health regulatory bodies like the FDA and the public were in the dark
  • Despite being aware that Xarelto is dangerous, Bayer and Janssen continued promoting it as being safe for human consumption

In March 2019, the drugmaker agreed to a $775 million mass tort settlement to resolve 25,000+ federal claims over the side effects of the blood-thinning medication.

Invokana Lawsuit

Commonly known as Invokana, this drug penetrated the market in 2013. Under the medical term Canagliflozin, Invokana was approved by the FDA for the treatment of those diagnosed with Type 2 diabetes. However, in 2015 things took a turn for the worse when the FDA issued a warning that this drug may lead to excessive acid in the blood (diabetic ketoacidosis).

invokana logo

Patients were also warned to keep an eye out for any ketoacidosis-related symptoms and, if so, seek medical care immediately. The warnings were issued after 20 cases were reported.

Invokana lawsuits thereby stem from the manufacturer failing to issue warnings against the risks like diabetic ketoacidosis associated with consuming the drug. The litigations claim that Johnson and Johnson, along with its subsidiary (Janssen Pharmaceuticals) failed to warn prescribing doctors and their patients about the possible risks of the drug.

The New Jersey District Court is currently consolidating 1,000+ individual suits against the drug makers into single multidistrict litigation.

Baby Powder Lawsuit

Its distinctive fragrance is easily recognizable and has been a cornerstone of the brand’s reputation. It’s the smell of innocence. Johnson & Johnson has been touting its signature baby powder as being smooth enough for a baby’s bum for over a century.

But, in an unfortunate twist of events, this reputation, coupled with Johnson & Johnson’s stock price, has been threatened by a swarm of lawsuits. They allege that the powder is contaminated with a carcinogen known as asbestos.

The company has denied these allegations even though they are also corroborated by the FDA. The company claims that the plaintiffs’ tests of the product are packed with flaws and inaccurate results.

The cases from more than 38,000 plaintiffs also claim that Johnson & Johnson knew about asbestos for decades but chose not to disclose these concerns to consumers.

In October 2021, the company pulled a bankruptcy maneuver to evade liability by creating a new subsidiary company – LTL – and transferring all its baby-powder liability to it. Attorneys for the pharmaceutical giant then filed a request with the court to grant a stay on the lawsuits against it as the bankruptcy case is reviewed. This process alone could take years. Settlements are still far out.

The Bottom Line

Lawsuit payouts are usually bitter-sweet. While some plaintiffs get the settlements they deserve, there are inevitable setbacks before the lawsuits can kick off. Nonetheless, armed with reputable attorneys, a multitude of people receive their deserved compensation.

Just as with any lawsuit, there are statutes of limitations, or time limits, to act if you’ve been injured. If you or someone you know has been injured by a drug or device recalled by the FDA, then consult with a lawyer today.

Need legal advice about your specific case? Our experts are here to help!

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Choosing Car Insurance Policy Limits

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It’s no secret that you’re spoilt for choice when it comes to car insurance policies. There’s a barrage of them in the market. And, trying to nail down the ideal option is much like trying to pinpoint the number of jellybeans in a jar. Do you throw in the towel and sporadically settle for the first car insurance policy limit you come across? No!

Knowledge is power! So, to eliminate the guesswork, we’ll delve into the ins and outs of choosing car policy limits that’ll aid in making an informed decision. Read on!

How to Choose Car Insurance

Below are some of the factors that you need to keep in mind as you sift through the different car limits.

1. What is your financial picture?

Before rushing to choose the first coverage limit that captures your attention, you may want to give the following financial aspects, some thought.

  • Spending Allowance: The greater your car insurance policy is, the lower your deductibles are. This means you’d need to come out pocket after an accident or claim. So, it would be smart to figure out how much you can comfortably afford when choosing a car coverage limit.
  • Assets: Do you have a plethora of assets under your belt? Then boosting your liability coverage might be one of the smartest financial decisions you make. Assume you’re involved in a car accident, and your liability insurance is too low to foot the costs. The other party may then decide to target your assets as a source of compensation. So, higher insurance policy limits ensure that your hard-earned assets are untouchable.
  • Car Payments: As a requirement from your car leasing or loan company, collision coverage may be thrown in as part of the insurance policy. And, its policy limits tallies with the car’s value. Therefore, you’ll just need to decide on your deductible coupled with the gap coverage, to avoid the nightmare of paying for a car you no longer drive.

2. What type of driver are you?

driving car

This entails assessing:

  • Driving Ability: How is your driving record? Are you a cautious driver with barely a blip on your record? If so, then a lower car insurance policy limit is right up your alley. But, on the flip side, if you’re at times a bit reckless on the road, then higher coverage is ideal because it blankets you with additional protection.
  • Type of Car: New cars usually gain from car insurance policies like collision and comprehensive coverage. However, driving an older car means you’d shoulder most of the cost.
  • Driving Habits: Do you work from home and only use your car once a week to run a few errands? If so, then choosing the lowest car insurance policy limit and taking advantage of low mileage discounts, is a smart move. However, if you drive through city traffic, then it would be wise to up your policy limit.

3. Where do you live?

Residing in the big city elevates your chances of being involved in a car accident, as opposed to living in a rural area. Moreover, your car is more susceptible to vandalism, collision, or theft, if you live in a crowded apartment or street. So, these are valid reasons to choose higher car insurance policy limits.

gps map

4. Are You Liquid?

If you have a boatload of funds in your bank account, then you can comfortably foot exorbitant and unpredicted costs after a car accident. So, settling for lower limits implies that you can assume more of the risk whenever you’re behind the wheel. But, most of us don’t have emergency funds lying around. Therefore, paying higher premiums for higher policy limits to offer elevated financial protection if you’re in a car accident, is a smart move.

How Much Car Insurance Do You Need?

To answer this question, when choosing car insurance policy limits, you’ll need to take into consideration the three most essential types of coverage that you can’t afford to forego.

1. Liability Coverage

While it doesn’t offer protection for you or your car, it goes a long way in protecting your wallet. So, if you’re involved in a car accident and you’re at fault, then liability coverage swoops in to cater to the other driver’s costs that would otherwise fall on your shoulders.

So, what’s the right amount of liability insurance to have? Ideally, at least $500,000 should suffice. This encompasses property damage coupled with bodily injury liability. Without this coverage, you may find yourself swimming in a sea of debt to foot the other driver’s car medical bill and car damage costs. So, regardless of the type of car you own, liability coverage is a must-have.

2. Comprehensive Coverage

car care

Do you recall that hail storm that quite literally left a mark on the hood of your car? What about the time your car wasn’t where you parked it because someone else sneakily claimed it as theirs? Well, even if you haven’t faced these predicaments, comprehensive coverage has your back. So, whether your car faces damage from natural disasters or, worse still, gets stolen, this coverage is your saving grace. What’s even better is that it’s just as affordable as liability insurance, so it’ll come in handy whether you’re driving a new car or a beater.

3. Collision Coverage

Whether it’s the ice that makes your car rollover or you hit the brakes a second too late, the truth is accidents happen. But, the good news is, regardless of who is at fault, collision coverage swoops in and saves the day. It foots collision repairs. What sets it apart from liability coverage? The answer is simple. Liability insurance is only effective if the other driver has enough of it to cater to the damage costs.

Assume your car is wrecked in an accident that’s your fault. The other driver’s liability coverage (with the assumption that they even have it) won’t cater to your car repair costs because they’re not liable. Without collision coverage, you’d have to come out of pocket to do the car repairs or even buy a new one if it’s too damaged.

While it’s tempting to skip out on this insurance in a bid to save money, can you afford to? No! However, if you plan on retiring your beater to the junkyard and have enough funds to buy a new car, then skipping out on collision coverage may be a wise decision.

But, as they say, knowledge is power! So, before hastily making a decision, consult a reputable insurance agent to find out if you’re better off with or without collision coverage.

How to File a Car Insurance Claim

Auto insurance claims foot the damage costs after you’ve been involved in a car accident. So, knowing how to go about the process (as discussed below) is important.

1. Contact the Police

It’s inevitable to be shaken up after being involved in a car accident. And, you may not be in the right frame of mind to assess the incident. So, a witness on the scene can contact the police on your behalf. They’ll then pen down the details in the police report, which will come in handy when later on filing your insurance claim.

In a scenario where the other driver becomes difficult, the officer will be there to guarantee your safety. And, they’ll ensure paramedics coupled with emergency services are there to handle injuries and contain dangerous situations that can potentially spiral out of control, like leaking fuel.

2. Gather Information on Your Car Accident

Armed with all the nitty-gritty details of your accident will aid in keeping track of what’s required to file your car insurance claim. So, without them, getting the much-needed compensation from your car insurance company becomes an uphill battle.

3. Contact Your Insurance Company

At the scene of the accident, get in touch with your insurance company once it’s safe to do so. They’ll then shed light on the essential information they require from you. And, depending on your policy limit, your insurance company can make arrangements for your car to be towed and have a rental car you can use meanwhile. Upon filing a claim with your insurer, an adjuster will be assigned to your case.

4. Issues with Your Claim

Your insurance company is meant to be your saving grace when you’ve been involved in a car accident. So, you’re entitled to expedient and fair claims. But, like everything else in life, it’s not always smooth sailing. Some issues with insurance claims can be ironed out with good old communication with your claims adjuster.

However, if you’re not making any headway, then it may be time to lawyer up. A competent attorney will swoop in to rectify any car insurance claim issues you have. And, they can even aid in filing a complaint with your insurer.

What to Do When You Get A Low Car Insurance Settlement Offer

At first, you’re beaming with joy after getting a much-anticipated settlement offer from your insurance company after your accident. Then, you realize it’s too low, and your heart sinks with disappointment. But, chin up! You can turn things around with the following steps.

car repairs list

1. Assess the offer:

The low settlement offer may be due to a myriad of reasons. So, by assessing it, you’re able to understand it better and craft an excellent written response, with the help of an attorney. This elevates your likelihood of negotiating and winning a higher settlement.

2. Craft and submit a formal response:

It paves the way for you to craft the psychological and emotional aspects of your claim that are usually overlooked in the initial settlement demand letters.

3. Make a counteroffer

Instead of simply turning down a low car insurance settlement offer, respond with a counteroffer, if you hope to make any headway. They may luckily accept your counteroffer or keep the negotiations going with another. The tedious back and forth may continue until you and your insurance reach a consensus.

4. File a Lawsuit

With the settlement offer falling below your expectations and you’re not making headway with the counteroffers, then it’s time to raise the stakes by filing a lawsuit. This doesn’t mean that the ongoing negotiations have come to a halt.

It’s a way of compelling the insurance company to up the settlement offer to your preference. So, armed with a topnotch lawyer, the claims adjuster may suddenly become more reasonable. This is fueled by the grim reality of accruing court case expenses coupled with the possibility of the ruling being against them.

What to Do When Insurance Claim Exceeds Policy Limits

To collect injury compensation that stretches beyond the limit of the at-fault driver’s insurance policy, the victim has limited options.

For starters, if the victim has underinsured motorist insurance. So, a qualified lawyer can make additional claims through the victim’s car insurance. The goal is to secure extra compensation that surpasses an at-fault driver’s insufficient bodily injury liability coverage.

Secondly, if the injured victim lacks underinsured motorist coverage, then they’ll go after the at-fault driver’s assets in a bid to receive much-needed compensation. However, this can be an uphill battle if the at-fault driver’s assets are insufficient to pay full compensation. And, if the guilty party declares bankruptcy after a court ruling, then the victim can’t receive any further compensation.

So, will car insurers pay more than the given policy limits? The answer is an unambiguous, ‘No!’ These policies are contracts. Therefore, insurers are under no obligation to foot the costs for damages and injuries that exceed the policy limits you chose. There are instances where insurers drop the ball and have to face the music when they’re slapped with a bad-faith lawsuit.

Car Accident Lawyer vs. Insurance Company Lawyer

Picture this: You’re the at-fault driver, and the other party files a personal injury car accident lawsuit against you. You then question, “Should I call my insurance or a lawyer?”

Your insurance company lawyer will step in to defend your case in court. However, if the shoe is on the other foot and you want to file a claim for damages and injuries incurred, then you’ll need to come out of pocket and hire a car accident lawyer.

Better Safe than Sorry

Regardless of how skilled you are behind the wheel, accidents can and do happen in the blink of an eye. So, taking precautions is necessary. Car insurance limits allow you to tailor your policy to protect your hard-earned assets and give you much-needed peace of mind.

Need legal advice? Our experts are here to help!

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Car Accident with an Uninsured Motorist: What You Should Know

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Life can change in the blink of an eye, particularly when you’re involved in a car accident that cost billions every year. And, nearly all states in the U.S require motorists to be armed with automobile insurance. So, driving without this insurance is like strapping a live bomb to your car then, hoping it doesn’t go off while you’re on the move.

Nonetheless, while you may take precautions by getting car insurance, other drivers may opt to play a high-speed game of Russian roulette by driving without it. Studies show that there is one in eight uninsured motorists. This means you could be in a real pickle if you get into a car accident with one of them. But luckily, most car insurance policies already plan for these predicaments that would have you entangled in a web of fright and confusion.

So, let’s delve into what you need to know to ensure you’re protected from a legal standpoint if you’re involved in a car accident with an uninsured motorist. Read on!

Uninsured Motorist Definition

In a nutshell, this is an individual whose vehicle lacks liability coverage. Moreover, in most states in the U.S, uninsured motorists are illegal.

What are your Options?

You’ve been in a car accident. You’re traumatized, scared, and confused. However, car insurance coverage (yours or the other party involved) will step in to help settle the damage costs and medical bills.

uninsured car

So, it seems like there’s a light at the end of the tunnel, which quickly melts away some of your worries. But, if the other driver doesn’t have car insurance, now what? Is all hope lost? No! Below are your options that can turn things around.

Uninsured Motorist Coverage

If you’re involved in a car accident with a driver whose vehicle is uninsured, then your insurance company will have to step in and foot the damage costs. This is with the assumption that you have full coverage.

Uninsured motorist insurance refers to the additional coverage that you can easily buy from your insurance company. It protects you in scenarios whereby you’re involved in an accident, and the other party whose car isn’t insured is found to be at fault. While this coverage is only required in a handful of American states, insurance firms must avail it to car owners in most states.

Usually, the uninsured motorist insurance doesn’t surpass the amount of your regular liability coverage. So, for example, if you have liability coverage of $70,000, then this is also the limit of your uninsured motorist coverage.

Car insurance is compulsory for registered, operational vehicles in most states in the U.S. But the truth is, there is a barrage of drivers that are driving without insurance. So, uninsured motorist coverage ensures you’re protected.

Underinsured Motorist Coverage

Just like uninsured motorist coverage, underinsured insurance caters to the damages you sustain in an accident with another driver. In the latter, the driver has a car insurance policy in place.

damage car

But, it’s not sufficient to foot the cost of all the damages, losses, and injuries that stem from the accident. So, the underinsured motorist coverage steps in to help cater for the difference between the total costs and the other driver’s insurance.

A plethora of insurance firms limits the timeframe that policyholders have to file underinsured and uninsured motorist claims. It usually takes 30 days from the day the accident occurred. With that in mind, it’s best to get the ball rolling upon discovering that the other driver has insufficient insurance.

Collision Coverage

As straightforward as it seems, collision insurance doesn’t foot every bill after a car accident. So, it covers the repair costs of your car from hitting another vehicle or objects like a fence or lamppost. Furthermore, collision coverage may swoop in to protect you if another driver rams into your car and lacks sufficient insurance to cater for the damage cost.

While collision coverage is seemingly broad, it doesn’t cover all car collisions. So, it falls within the following scope.

  • A collision of two cars
  • The rollover of your car
  • A collision of your car with objects like trees or mailboxes
  • Another driver ramming into your car, whereby, they lack sufficient insurance to cater for the damage costs and you don’t have underinsured or uninsured motorist coverage.

Filing a Lawsuit

To ensure that you receive your much-needed compensation from a car accident, you may want to file a lawsuit against the other driver. After submitting your car accident report and other required documents to your lawyer, they will then aid you in filing your claims. An excellent car accident lawyer will also help you pursue other sources of compensation that include:

  • Medical benefits to treat injuries sustained in the accident
  • PIP benefits
  • Towing and car leasing costs if you invested in this optional coverage
  • Your health insurance
  • Collision coverage to foot the cost of repairing your car

To bolster your case, other relevant information that the no insurance car accident lawyer should have is:

  • The other driver’s contact information coupled with their statements on the ordeal
  • Statements from the police officers on the scene of the accident, along with any witnesses. If possible, have their contact details
  • Clear photos or videos of the scene
  • A doctor’s report clearly stating that the car accident was the root cause of your injuries. The medical bills will also come in handy
medical cost

Armed with this crucial information, there’s a high likelihood that your car accident with no insurance lawsuit will be successful.

Be Proactive

If you been in a car accident with an uninsured driver, then the first course of action is to file a report to your insurance company. In doing so, you’ll gain insight into how your coverage will come in handy. However, if you’re not making any headway, then it’s time to seek assistance from a topnotch car accident lawyer who will swoop in and save the day.

Do you need to lawyer up? Get in touch with one of our legal experts today to find out your options!

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What Does My Car Insurance Cover?

Legal AssistantPersonal Injury Law, Resources Leave a Comment

Change is the only constant thing in life. So, in a world that’s the epitome of unpredictable, it should then come as no surprise that most people take measures to protect themselves from the unexpected. This includes investing in car insurance.

Did you know that roughly 6 million accidents are occurring every year in the U.S? With an alarmingly high number like this, it’s essential to ensure that you have some sort of backup if you and your passengers were involved in a car accident.

While different states have an array of mandates for car insurance, most basic policies comprise different types of coverage that we shall delve into. Read on!

Personal Injury Protection Coverage

physical therapy

Required in more than 15 states, this type of coverage is instant and non-taxable up to the threshold set by your car insurance. It foots the medical bill of the passengers and driver of the policyholder’s car. It may also cover the following:

  • Funeral costs
  • Physical therapy
  • Roughly 60-80% of your lost wages
  • Funds to hire subcontractors to complete any outstanding projects you may have (if you’re a business owner)

Bodily Injury Liability

It covers the injuries that you and your passengers sustain in the accident. But, “Does my car insurance cover, other drivers?” Yes, your family and anyone else driving your car with your permission are covered by the insurance. So, it’s essential to have sufficient bodily liability insurance.

car passenger

If you’re involved in a serious car accident, then there’s a chance that you’ll be slapped with a hefty lawsuit that can leave you swimming in debt. So, to avoid resigning yourself to this fate, purchase more than the state-required liability insurance, enough to safeguard your hard-earned assets and savings.

Property Damage Liability

This coverage steps in to foot the damage costs caused by you (or someone driving your car with your permission) to someone else’s property. It’s part of your car insurance. Typically, this includes hitting another party’s car, fences, mailboxes, buildings, telephone poles, fences, lamp posts, among other structures.

car accident out of property

Collision and Comprehensive Liability

Liability insurance foots the costs of fixing the other driver’s car with whom you’re involved in an accident. However, comprehensive and collision liability pays to fix your car or reimburse its current value if it’s damaged beyond repair.

While this type of liability is not mandatory in most States, it may be a requirement from your lender if your car is leased or on loan.

  • Collision coverage: It comes in handy if your car rolls over or rams into an object or another car
  • Comprehensive coverage: It’s your saving grace if your car is stolen or incurs damages from other factors other than a car accident. So, this entails falling objects like trees, the elements, or collision with animals. And, if you’re wondering, “does my car insurance cover vandalism?” The answer is yes if comprehensive coverage is factored in your car insurance policy.

Both types of coverage come as a package deal and have a deductible thrown in the mix. So, settling for higher deductibles means lower premiums for comprehensive and collision coverage.

Underinsured and Uninsured Motorist Coverage

While liability insurance is a requirement in most states, there’s still a barrage of uninsured drivers on the road. Filing a lawsuit against them may seem like a viable option if you’re involved in a car accident with these drivers. But what you may not realize is that they may lack the funds to pay you for the damages and medical bills.

uninsured

So, uninsured motorist coverage that’s usually part of your car insurance policy swoops in to save the day. It foots the costs of the medical bills that may be racking up, depending on the severity of your injuries.

Underinsured motorist coverage is strikingly similar to uninsured. However, it pays out if the other driver involved in the accident lacks sufficient liability insurance to cover all your medical bills.

Underinsured coverage kicks in once all the expenses stemming from the car accident surpass the other driver’s liability limits. Additionally, it’s a requirement in 19 states.

There’s a type of coverage known as Uninsured Motorist Property Damage (UMPD) that replaces your car altogether if it’s damaged beyond repair after an accident.

Gap Insurance

It’s the perfect answer to the question, “Does my insurance cover rental cars?”

When leasing or renting a car, gap insurance is usually factored in as part of the cost. It’s a lifesaver when the car is damaged beyond repair, and you owe more than the lease amount. So, it steps in to settle the difference between the car’s value and the amount you owe the company.

Things to Know When it Comes to Car Insurance

Now that you can comfortably answer the question “what does my car insurance cover?” below are other essential factors that come into play. They’ll steer you in the right direction when it comes to selecting the ideal car insurance.

  • Does my credit card cover rental car insurance? – The coverage availed by most credit cards is usually for theft of or damage to the rental car. And, it kicks in after your car insurance pays up. This type of coverage is divided into two. Firstly, there is secondary, whereby you receive reimbursement for your car coverage deductible. Secondly, some credit cards offer primary coverage for rentals that entails you initially coming out of pocket without involving your car insurer.
  • Does my insurance cover rental cars? – Usually, yes! Your primary car insurance will cover a rental car. For instance, factor in liability insurance that’s part of the package in car insurance. So, if you’re involved in a car accident with a rental car, then your liability coverage would swoop in to foot the damage costs of the other driver’s car.
  • Does my car insurance cover me in another car? – In an unfortunate turn of you’re involved in a car accident in another person’s car. It may take a little longer for the insurance companies involved to sort who’s responsible for coverage. So, unless mitigating circumstances are clouding the matter, you’re ultimately covered by the car’s insurance.
  • Does my car insurance cover towing a boat? – In a nutshell, yes, but only if towing coverage is included in your current car insurance policy.

Closing Remarks

While your car insurance can’t cover everything, the key to selecting the perfect coverage is to assess the different liabilities involved. In doing so, you’ll come up with the ideal deductible and auto insurance company. And, when doubts crop up, a qualified car lawyer can assist.

Need legal advice? Our experts are here to help!

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Online Bullying Laws

Legal AssistantCriminal Law, Personal Injury Law, Resources Leave a Comment

In today’s digital era, it’s no secret that the Internet plays a significant role in modern education. Learning about anything and everything under the sun has become possible courtesy of the internet. Ranging from getting degrees online to e-books, more student experiences and classroom functions are veering into cyberspace. And unfortunately, this includes online bullying, also known as cyberbullying.

Regardless of the good that the Internet brings to teachers, parents, and students, there are inevitably those that use it with malicious intent. While bullying has been there since the dawn of time, online bullying cropped up since the beginning of the internet. With that being said, this article explores everything you need to know about online bullying, ranging from the laws and facts to statistics. Read on!

The Definition of Cyberbullying

Initially used in 1998, cyberbullying referred to the virtual and anonymous posting of malicious messages about a person, for instance, a student. However, the advent of technology ushered in a newer definition.

women using tablet

Cyberbullying is currently defined as the use of digital gadgets such as tablets, smartphones, and computers to willfully and repeatedly harm someone. Given the threatening nature of the messages, cyberbullying, essentially mirrors the way bullying happens in real life.

Cyberbullying Laws

Online bullying has become so pervasive in recent years that there are laws in place to curb it. While there are no federal laws to address the plague of online bullying, there are state laws enforced in all fifty states. Furthermore, policies (as discussed below) have sprung up in some of these states that aid in guiding schools alongside their districts, respond to cyberbullying.

1. Criminal sanction: Except New Hampshire, Wyoming, Minnesota, New Mexico, Maine, and Nebraska, every state has laws that expressly criminalize any form of electronic harassment.

2. School policy: In all states except Montana, schools are required by the bullying law to enforce formal policies that help in identifying bullying and disciplinary actions to deal with it effectively.

3. School sanction: In 45 out of the 50 states, bullying laws empower schools to discipline students accordingly. The 5 exceptions are Nevada, Montana, Alabama, New Hampshire, and Michigan.

4. Off-campus behavior: In 16 states, federal law allows schools to take disciplinary action on students for off-campus behavior that’s disruptive to the learning environment.

Cyberbullying Facts

The astounding facts below prove that online bullying is as real as it gets.

  1. As of 2019, the rate of cyberbullying that’s prevalent in middle and high schools in the U.S is 36.5%
  2. Delaware has the lowest rate of online bullying among students (10.1%), whereas Louisiana has the highest (21.2%)
  3. 23% of students have engaged in cyberbullying
  4. Instagram is the social media platform where most young people feel the impact of cyberbullying
  5. 83% of youth believe that social media platforms need to be more proactive in curbing online bullying.
  6. Studies were conducted by the School Crime Supplement from the National Center for Education Statistics coupled with the Bureau of Justice Statistics. They revealed that 28% of students from the 6th to the 12th grade are victims of cyberbullying.

Cyberbullying Charges

  • California: Students have the inalienable right to a peaceful and safe environment in school. Therefore, using an electronic communication gadget to harass someone is regarded as a misdemeanor and is punishable by up to 1 year behind bars and/or a $1000 fine.
  • Missouri: The use of social media to threaten or harass an individual is a Class-A misdemeanor and is punishable by the law. But, if the victim is below the legal age of 18, then it becomes a class D felony or if the defendant has faced harassment charges in the past.

Lawsuits Related to Cyberbullying

online study

For generations, bullying has been a recurring problem in schools. And, with more children gaining access to electronic gadgets, a new form of bullying has taken shape; cyberbullying.

Luckily, victims of this new age bullying can take legal action by filing a cyberbullying lawsuit against the perpetrator under personal injury law. Parents can get in touch with a qualified personal injury lawyer to determine if there are legal grounds for a lawsuit against a cyber-bully. By doing so, the victim’s parents may be eligible for a monetary settlement for the emotional trauma their child has endured.

Cyberbullying Suicidal Deaths Statistics

Victims of online bullying are more likely than others to develop suicidal and self-harm behaviors. To bolster this claim, a study unveiled that 6.4%, 14.8%, and 30.8% of boys in Delaware, Nevada, and Idaho respectively purposely inflicted self-harm.

Furthermore, reports show that students that are victims of cyberbullying are more likely to attempt suicide.

Suicide rates among 10 to 14-year olds have skyrocketed by more than 50%, with cyberbullying being one of the contributing factors.

Effective Ways to Dealing with Cyberbullying

With the alarming facts and statistics on online bullying, below are some of the precautions you can take.

silent hand sign
  • Silence is golden: Ignoring intentionally inflammatory remarks can be an uphill battle. But, it’s an effective way to avoid fueling the bully’s efforts whose goal is to ultimately elicit a response from you. When a cyber-bully feels ignored, they’ll jump ship to their next target. However, if the bully persists, then a better alternative would be to block them from contacting you.
  • Keep records: Document messages and any other abuses which stem from your cyber-bully. Being armed with proof, a police report, and an excellent lawyer, you can take legal action.

Where There’s a Will, There’s a Way

Modern technology has permeated our society and deeply transformed our lives. But cyberbullying is a darker side to this evolution. Fortunately, you can take steps to mitigate this modern-day problem.

If you have questions about a potential case, consult with a lawyer who specializes in this type of case. They’ll then shed light on the current state of the law, depending upon where you reside, and assist accordingly.

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What Is a Gun Trust?

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Made a mistake when inheriting an Individual Retirement Account (IRA)? Then this could mean facing the music by dealing with tax consequences. Likewise, if you make a mistake when inheriting gun collection, then you could be slapped with the grim reality of felony charges. And, that’s the last thing you need. So, to avoid resigning yourself to this fate, an NFA gun trust comes into play.

If you’re not a gun collector, then chances are you’re not familiar with this term. But, even if you are, you may not fully grasp what it is, how it works, and its importance. This article thereby explores the ins and outs of a gun trust. Read on!

What Is A Gun Trust?

Do you own a gun? Then you may need a gun trust. It’s the generic term for an irrevocable or revocable management trust that’s enforced to take title to weapons/ firearms. Revocable trusts are more popular, given that they pave the way for amendments to be made during the lifetime of the settlor.

Any legally owned firearm can be placed under a gun trust. But, these trusts are particularly applicable to weapons that are classified under the NFA (National Firearms Act) Title II of the Gun Control Act of 1968.

Some examples of Title II weapons are:

  • Fully automatic machine guns
  • Short-barreled shotguns (suppressors), also known as silencers. These are the most common NFA weapons that are purchased and owned by a gun trust.

Types of Gun Trusts

Gun trusts fall into two categories.

Revocable Gun Trusts: They’re just like any revocable trust, with the only difference being that they contain language that’s related and specific to the NFA. Revocable Gun Trusts are the most popular because they allow modifications at any time. If you’re having a change of heart and would like to exclude or include co-trustees, for instance, the necessary amendments can be made.

Irrevocable Gun Trusts: Just like the revocable gun trusts, their irrevocable counterparts contain related and specific language to the National Firearms Act (NFA). But, they’re not as common because they don’t facilitate any later changes after the signing or execution of the trust.

After the settlor or granter kicks the bucket, and a given timeframe elapses, revocable gun trusts may automatically become irrevocable.

What Is the Importance of a Gun Trust?

Having a gun trust packs an array of perks, some of which are outlined below.

Easier Use and Management: If you have a class 3 firearm license (Federal Firearms License), then you know it’s illegal to hand over your weapons to anyone to use or store them for you. This means that taking your friends, colleagues, or family members shooting with your weapons is a felony.

rifle with cover

However, this law goes out the window when you’re armed with a gun trust. It allows any of your trustees and beneficiaries to legally operate and possess any of your weapons.

The trust also facilitates the easy removal and addition of trustees and beneficiaries. So, taking your loved ones for a shooting adventure is just one signature away. Moreover, they can store your class 3 weapons for you.

No CLEO Signature Required: Upon requesting for the acquisition of a firearm, you’re typically required to visit your local Chief Law Enforcement Officer (CLEO) for fingerprinting and approval. However, a gun trust eliminates this process.

Easier Job for Executors: An executor that’s not well-versed in the rules encompassing the NFA may unknowingly break the law by transferring a firearm to a prohibited jurisdiction. Alternatively, they may hand over the firearm to someone that doesn’t legally own it or transfer ownership without following the necessary protocol.

A gun trust puts all this to bed because a trustee and not the executor is in charge of the trust assets that includes the said weapon. Therefore, it’s in your best interest to appoint a trustee that understands the ins and outs of federal and state weapon laws and knows when to seek the services of a qualified lawyer.

Easier Inheritance: In an unfortunate turn of events, the registered owner of class 3 firearms passes away or is incapacitated. So now what? Thanks to a gun trust, their legal beneficiaries will need to submit an ATF Form 5 (NFA gun trust form) for the inheritance of the weapons. The form also states that for registered weapons, the settlor should take action as soon as possible. This facilitates the ideal registration of weapons.

Having an NFA firearm that you don’t legally own goes against federal law. So, this bears the repercussions of the said firearm being seized. But, NFA wait times grant the executor (trustee) a grace period to transfer the registered weapons to a beneficiary’s estate. And, it’s the executor’s responsibility to maintain custody and control of the firearms registered in the beneficiary’s name.

However, complications can crop up if the intended beneficiary is below the legal age of 18 or cannot have or own a weapon for other reasons. For instance, they have a criminal record.

Setting up a gun trust can be Dynasty (multi-generational), which means they’re designed to be functional after the settlor/ grantor dies or becomes incapacitated. This permits successors to take over the trust and resume its operation without needing to transfer ownership of the weapons. Gun trusts also aid in avoiding probate which can be a pain.

What a Gun Trust Cannot Do

Gun trusts come with a barrage of advantages. But, it’s not all rainbows and butterflies. So, before you rush to get one, it’s vital to keep in mind that there are some limitations, as discussed below.

  • Bypass Firearm Limitations: A gun trust doesn’t permit you to own any weapons that can be otherwise obtained illegally. For instance, silencers are prohibited in the state of California with or without a gun trust.
  • Permit Illegal Users: A gun trust prohibits users that cannot otherwise legally use or possess a firearm. For instance, a 16-year-old is forbidden from owning or using a weapon like a Model 16 riffle.
  • Registration Removal: A $200 NFA tax stamp is needed whether or not you have a gun trust in place. So, you’re still required to pay this fee and register the firearm with the ATF.

Ways to Set Up a Gun Trust

Here are some of the ways to create a gun trust.

online
  • Online: In today’s digital era, the internet has become the go-to for almost anything, and gun trusts are no exception. There are plethoras of sites that sell NFA trusts. But, like everything else, there are also counterfeit gun trusts that are automatically denied by the ATF. So, keep this in mind to avoid frittering away your hard-earned money.
  • Gun Trust Lawyer: To avoid the risk of getting scammed by buying an NFA trust online, you can reach out to a reputable lawyer that will craft one from scratch, suited to your preferences.
  • DIY Templates: In a bid to save money, there are countless Do It Yourself templates that have flooded the internet. But, like buying a ready-made gun trust online, we don’t recommend investing in these templates. They may not be fully protected and compliant with the ATF. Instead, visit your nearest ATF NFA branch.

Why You Should Use a Lawyer Instead of Online Services

While online services offer convenience, using a lawyer comes with unbeatable perks.

Added Value: Using a qualified lawyer sprinkles value in the crafting and implementation process of a gun trust. Sure, some aspects of it mimic form letters. But some sections are customized to suit your particular situation.

It’s best to consult an attorney that’s an expert in adding this personal touch to your gun trust. This includes relevant documentation.

Much-needed Support and Backup: It’s no secret that gun trusts are tied to additional requirements and intricacies that go above and beyond typical estate planning. So, a reputable lawyer will offer you much-needed backup and help you get out of sticky situations.

When it comes to BATFE (Bureau of Alcohol, Tobacco, Firearms, and Explosives) an attorney can offer extensive support coupled with ongoing legal counsel. If an issue with the BATFE crops up, those who downloaded and filled out forms from the internet will be left high and dry.

But those who hired qualified lawyers can call upon them to swoop in and save the day. A lawyer also carries malpractice coverage, which comes in handy if there was an error by the drafter which led to litigation.

The Parties Involved In a Gun Trust

Coming up with a gun trust entails grasping the parties involved, along with the different roles they play, as explained below.

The Settlor: Also known as the grantor, these are the individuals that create gun trusts and are responsible for them.

Co-trustees: These are the parties responsible for the gun trust. So, they’ll need to submit their passport size photographs and fingerprints along with the AFT Form 5. They also have the power to possess and use the weapons listed in a gun trust without the owner (the settlor) being present. Co-trustees have to be the minimum legal age of 18.

Successor Trustee: It refers to the person that takes over the gun trust after the passing on of the co-trustees and settlor. Just like the co-trustees, a successor trustee has to be at least 18 years in age and play the role of the beneficiary or co-trustee in a gun trust. Nonetheless, it’s essential to keep in mind that successor trustees are not responsible for the NFA trust. But, this changes if they become the co-trustees. And, they can only use the said firearms under the owner’s supervision.

Beneficiaries: They’re the people that will take ownership of the weapons listed in a given NFA gun trust when the settlor kicks the bucket. Beneficiaries have to meet all the requirements to own an NFA firearm. For instance, they must be at least the legal age of 18 and have no criminal record.

The beneficiaries are passive members of the gun trust and are therefore not responsible for it. They’d only become responsible parties if they’re named as the co-trustees of the gun trust, which would then allow them to use the NFA firearms without the owner’s supervision.

Responsible Persons: In a gun trust, these refer to the settlor coupled with the listed co-trustees. The listed successor trustees also fall in this bracket if they’re named as co-trustees.

Common Mistakes to Avoid When Setting Up a Gun Trust

As they say, man is to error! The same applies to the creation of a gun trust. So, here are some common mistakes that you’ll want to avoid to ensure you’re fully protected and have the much-needed peace of mind.

The legal transfer of all the assets to the trust: It’s essential to ensure that all the given firearms are legally transferred to the gun trust. The trustees can only legally use these weapons listed in the trust to avoid problems with the law.

All trustees must be present for the notarization: It’s no secret that the notarization is what breathes life into a gun trust while the law varies from one state to another regarding whether or not all trustees must be present for the notarization. So, it’s important to consider this when including a trustee that may be unable to attend.

NFA weapons are not legal in all states: Taking the time to understand your state laws coupled with a lawyer consultation can aid in ironing out any issues. Only some states permit the legal ownership of NFA weapons. So, it’s crucial to ensure that all the firearms in your trust can be legally owned in your given state.

Closing Remarks

Gun trusts are the perfect risk management solutions for these scenarios. Those named in your trust can legally handle your NFA weapons and evade lawful issues that may later crop up where the weapons are used in emergencies, for instance.

Are you ready to get started on your gun trust? Then get in touch with our legal experts today!

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How Much Does a Lawyer Cost?

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“How much does a lawyer cost?” is a great question to which the answer is almost always, “it depends.” The truth is, lawyer fees can cost you an arm and a leg, regardless of the type of legal case you’re facing. Simple cases can run into thousands of dollars, while the more complex ones can quickly rival the cost of a small luxury car.

So, as you ask yourself, “how much do lawyers get paid?” it’s essential to factor in your budget and what the outcome is worth to you. To answer this question, let’s delve into the six factors that determine how much a lawyer costs. Read on!

Billing Arrangement

Most attorneys bill their clients under one or more of the following arrangements.

  • Hourly: In the legal field, billing is usually done hourly whereby a lawyer costs an amount that’s proportionate to the time spent working on your case. Generally, average lawyer fees range from $150 to $1000 per hour and are agreed upon before a case kicks off.
  • Contingency fees: The attorney must win your case (the contingency) before receiving payment for the work they’ve put in (the outcome). So, no win means no payment. Nonetheless, the fees are illegal, where there are concerns that a lawyer may act unethically to win a case.

Contingency fees are usually applicable in cases relating to:

  1. Workplace injuries
  2. Personal injuries
  3. Traffic accidents
  4. Violations by creditors for the harassment of debtors
  5. Medical malpractice
  6. Patent infringements
  7. Violations by employers against their staff
  8. Issues in real estate
billing

A contingency fee lawyer is also known as a ‘no win, no fee’ attorney who’ll usually keep 33-40% of the settlement from your case.

Lawyer retainer fee: It’s a fixed charge that may be based on an attorney’s hourly rate. Consider a retainer as a down payment against the billing of future costs. It’s placed in a special account from which the cost of services is deducted as they accrue. Unless deemed unreasonable, retainer fees are non-refundable.

However, this also means that your lawyer is on standby to handle all your legal matters over a specified timeframe. This type of billing arrangement can spill over into different factors. So, ensure that your lawyer concisely explains the scope of a given retainer fee to avoid any future misunderstandings from cropping up.

Statutory fee: These are the costs that a court or statute sets that you’ll pay your lawyer. Statutory fees are applicable in probate, bankruptcy, and other court cases.

Lawyer consultation fee: While some attorneys offer free consultations, others prefer to charge for their time, ranging from $50-100 for the first hour. Doing so helps them cull out real clients from the free advice seekers.

Flat Rate: On the surface, flat rate fees may seem like the ideal package deal because you evade paying more for your case than what’s required. But, the catch-22 with flat rates is that they grant your lawyer the right to bill you for extra costs that may crop up in your case.

For example, a flat rate attorney working on an uncontested divorce case can charge you for all court appearances. Depending on the legal matter, flat rates may range from $300 to $1200.

Prestige and Size of the Law Firm

It’s a no-brainer that lawyers from larger and well-established law firms will charge you more than solo practitioners and smaller law firms. Therefore, the prestige and size of a law firm is a vital factor to keep in mind when determining the cost of hiring a lawyer.

law firm office

Moreover, if you’re faced with a complex legal matter, it may be worth the extra costs to work with a more prestigious law firm. Otherwise, hiring a solo practitioner will aid in cutting down lawyer fees.

Type of Legal Work

Particular types of legal work are more costly than others. It’s the determining factor in the type of billing arrangement that a lawyer will implement. For instance, highly specialized divisions of law, such as patent prosecution, usually cost more than day-to-day legal services like estate planning.

A Lawyer’s Expertise

The cost of a lawyer is directly tied to the number of years of experience they have under their belt. So, just like fine wine, a lawyer gets better with age. Attorneys that have been practicing for more than 20 years, for instance, have more expertise in multiple fields of law.

It should then come as no surprise that such lawyers’ services are in higher demand than those with only 5 years of experience. So, as per the law of demand and supply, hiring an attorney with great expertise will cost you more.

Location

The cost of a lawyer varies from one jurisdiction to another. For instance, lawyers practicing in rural areas are cheaper and have a smaller pool of clients than those in big cities like New York. There’s also less competition from other attorneys.

You’ll find lawyers in farming communities like Iowa charging $100-200 per hour. And, an attorney in the same legal field but located in New York charges $300-500 per hour.

Taxation

It’s no secret that paying legal fees can be a pain. So, are lawyer fees tax-deductible? The answer is yes, but not always. For instance, the perfect ‘cocktail’ of 40% federal and state taxation could mean that $1000 in legal fees can be sliced to $600.

taxation

However, keep in mind that personal legal fees are non-deductible which means they can easily dent your wallet. Some examples of personal legal cases are divorces and lawsuits for slander. Business cases, on the other hand, are deductible.

The Take-Home Message

“How much do lawyers make from legal cases?” is an essential issue that you’ll want to know about before hastily hiring one. Luckily, these 6 factors paint a vivid picture of what to expect when it comes to pricing. And remember, cheap doesn’t always mean better, so don’t cut corners. Do your due diligence, which involves asking around. After all, the right attorney can make all the difference.

Are you interested in getting real price comparisons from attorneys in your area? Talk to a Laws 101 attorney to give you an assessment on your case.

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Do I Need a Lawyer for a Will or Trust?

Legal AssistantWills Leave a Comment

You’ve probably heard of or, unfortunately, witnessed the blood feuds and family drama that spark up after losing a loved one. There might be a family heirloom waiting in the wings. But your brother snags it up. This brings up the temptation to leave the lyrics to Taylor Swift’s, Bad Blood, on his voicemail.

Inheritance disputes can last decades and quickly turn a time of grieving into family feuds that not even Steve Harvey can quell. Nonetheless, it’s not all doom and gloom. The good news is that this nightmare can be prevented with a will.

Now, you‘re probably entangled in a web of confusion pondering on two valid questions: “Do I need a lawyer for a will? Should I craft one from scratch?”

In today’s digital era, where all it takes is a YouTube video or a DIY blog to learn how to craft one. There’s unlimited information that creates the illusion that you can bypass a lawyer for an easier and cheaper fix.

Do you need a lawyer? No! But, can you craft an excellent and valid will that will hold up in court? Probably not! The truth is you need the expertise of a lawyer to come up with a will or trust that’ll keep you’ll keep family feuds at bay. Here are some reasons why. But first:

What is a Will?

You’re probably familiar with the concept of a will. However, discuss the nitty-gritty details of what it is and why it’s important.

signing will

Will refers to a legal document that precisely states who receives what portion of assets after you pass on. It’s a means of protecting your financial wishes and leaving your belongings to your beneficiaries. Moreover, you can come up with a will at any age, particularly if you have dependents or have begun amassing wealth.

So, what is the difference between a will and a trust? To answer this question, you’ll need to understand:

What is a Trust?

It’s a legally binding arrangement whereby you, as the settler, transfer ownership of your assets to specific people (trustees). So, what is a trust fund? It’s the entity in which the said assets are held on trust for its beneficiaries.

Despite a trust being associated with blue blood families or moguls, a trust fund makes sense if you want to leave $40,000, for instance, for a grandchild to complete to their education.

coins

There are various types of trusts that serve different purposes. But they all have a constant basic structure. Given that a will takes effect when you die, a trust (living trust) is effective as soon as it’s signed. In a family trust, the settlor and beneficiaries all belong to one family group. It’s, therefore, an instrument to pass on the assets in a trust fund to future generations.

Why You Need a Lawyer for Wills and Trusts

Save energy and time: Crafting a will or trust is no easy feat and taking matters into your own hands will quickly snuff out your time and energy. So, handing this tedious process to a topnotch attorney will take the load off your shoulders.

It is complex: Coming up with a well-written will or trust that’ll guarantee the satisfaction of the parties involved, is not a walk in the park. It’s the perfect ‘cocktail’ of science and art. Therefore, one word or phrase can be the undoing of a will or trust.

Furthermore, the law is constantly changing and so are the rules of the game. Being their line of work, it’s only an experienced attorney who would remain up to date with these changes.

One chance: After shuffling off this mortal coil, how many chances do you have to get your will or trust, right? Only one! Sure, there’s always the option for a do-over, but what if you kick the bucket before you get the chance to?

You’d be out of luck. Furthermore, your will or trust may require updating as a result of any applicable or big life updates that you’ll want a qualified lawyer to help you address.

Objectivity: Coupled with expertise, a will and trust lawyer will provide much-needed objectivity. You may not realize it at first, but you’ll need an extra voice of reason to bear on the future and current estate planning needs.

For instance, is it a smart move to entrust your entire estate to your 22-year old daughter? A competent lawyer can offer unbiased, direct, and unvarnished advice.

lawyer reading

Change is the only constant in your life: As your life changes, so does your will or trust. For instance, your family tree may grow, you get divorced, or your financial situation takes a turn for the worse or better. Such life events necessitate alterations to your will or trust. So, here’s where a lawyer swoops in to fine-tune things.

Save money: With a DIY trust or will, you may end up incurring more costs in the long run, ranging from taxes to court fees. It’s, therefore, in your best interest economically and more straightforward to use a flat rate with a lawyer. They’ll know where to look and know the right questions to ask that’ll steer towards optimum financial benefits.

Cheap is expensive: In a bid to cut down costs, you opt for a DIY trust or will for your estate planning. But down the road, your family is in for a rude shock upon discovering that part of this will or trust isn’t legally valid or doesn’t fully serve its intended purpose. Your loved ones will then be forced to foot costs that may run into thousands of dollars for a topnotch lawyer to rectify your mistakes.

The Bottom Line

Sure, you can take the DIY route. But a will and trust lawyer is your go-to when it comes to guaranteeing accuracy and validity without leaving anything out. They have the uncanny ability to ensure that all your t’s are crossed, and I’s are dotted. So, they’re your best bet when it comes to ensuring that your wishes are fulfilled.

If “find the best will and trust lawyers near me” is your next course of action, then our legal experts are happy to help.

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Can I Represent Myself In Court?

Legal AssistantPersonal Injury Lawyers, Resources Leave a Comment

With attorneys’ fees racking up, legal representation is becoming less affordable. As a result, millions of Americans every year consider representing themselves in court. So, while firing a lawyer and making the bold move of self-representation seems like an attractive option, is it wise?

It’s a no-brainer that forgoing an attorney for your court case can help you save for a rainy day. And, being a rank amateur navigating the legal corridors of the criminal justice system can boost your self-confidence. But, on the flip side, if you falter, it’ll not only be embarrassing but may also cost you your freedom.

So, “can I represent myself in court?” depends on your jurisdiction’s court rules and laws. Nonetheless, we’ll explore vital aspects to keep in mind before stepping into court on your own. Read on!

Understand the Law

Law isn’t a mandatory subject in schools, but more of a specialty. And, good books come at a price. But luckily, with the advent of technology, the Internet is your friend. You’ll find anything under the sun when it comes to law.

lady justice

So, even though you’re not an attorney, you’re still required to abide by the same court rules and laws. Understanding the law that applies to your court case will shed light on the relevant issues to focus on. After all, the last thing you need is being laughed out of the courtroom.

Learn the Terms

Being well-versed in a subject is part of a real lawyer’s job. So, if you’re going to represent yourself in court, then you need to know the lingo. This entails taking the time to understand:

  • What does pro se mean? – Pro se is a Latin word that means ‘on your own behalf.’ It’s, therefore, the legal action of self-representation in a court of law without any assistance from an attorney.
  • Who is a pro se litigant? – If you choose to represent yourself in court without a lawyer, then you’re defined as a pro se litigant/ pro se defendant/ pro se plaintiff.
  • Do you know your pro se litigant rights? – You need to know your rights as a pro se defendant or plaintiff before stepping into the courtroom. So, you’ll need to be well-versed in the pro se litigant guide. It’s packed with the ins and outs of pro se filing (self-representation).

Always Ask For Proof

If you’ve been unjustly put on the hook for something, there’s the likelihood that it’s just a mess-up. So, patiently and politely request for evidence then be on the lookout for loopholes in the case.

For instance, if you’ve been wrongly accused of theft from a shop at which you work, you can ask for the inventory records. And, keep in mind that lack of information is also an eye-opener.

judge hammer

If it’s a scenario whereby some witnesses at the scene weren’t questioned by police, this then provides uncertainty as to what happened. Copies of photographs, phone records, receipts, and other documentation are all key pieces of evidence that you need to have.

The Truth Will Set You Free

This adage has never been more suited than when you’re representing yourself in court. While it can be tempting to throw in a few white lies to boost the chances of the judgment being in your favor, honesty is the best policy.

More often than not, when you’re dishonest, you start fibbing which will be your undoing in court. Keeping up a lie in the face of evidence is an uphill battle. Sure, the truth may not always favor you. However, massaging the facts to suit your argument is the quickest road to disaster.

Play the System

Prosecutors work their fingers to the bone. It should, therefore, come as no surprise that they don’t have a fraction of the preparation time you’d assume for small cases. Police officers have a lot on their plate and aren’t always as handy to the prosecutors as you might imagine.

police officer

So, master the ins and outs of your case, be well-organized, and have the upper hand by knowing the possible outcomes. Moreover, be armed with a barrage of relevant questions to ask. You can go the extra mile by reading about cross-examination and critically analyzing your case theory.

Keep Your Audience in Mind

Magistrates are generally retirees with a staunch belief in law and order. They’re used to the moaning pleas of a boatload of defendants that think the court system has conspired to have them locked up.

A jury consists of regular members of the public that are simply abiding by what’s required of them. And, they’re wildly different audiences. So, tailor your remarks accordingly. Magistrates demand to be accorded the respect they deserve. Therefore, humility will go a long way for you.

Strike A Deal

Sometimes, the odds may be stacked against you. Conviction rates in a magistrate’s court are usually alarmingly high. Thus, before you decide to fight the case, tooth and nail, be practical about your likelihood of success.

So, striking a deal can be your saving grace given that a plethora of prosecutors usually accepts a bargain for a lesser charge. Your attorney would be involved in the discussions to strike a deal due to their uncanny ability to do so without any admissions of liability.

However, if you’re backed to a corner, you can politely and humbly approach the prosecutor to talk about your case. As you do so, keep in mind that anything you say can and will be used against you, so tread carefully.

Better Safe than Sorry

The law is intricate. Navigating a courtroom, along with the procedures tied to it is a daunting task, even for the seemingly simple matters. So, just because you’re capable of stepping into a courtroom and representing yourself doesn’t mean it’ll be smooth sailing.

The average person wouldn’t fix a leak in their home, perform surgery on their body, or cut their hair. They’d hire individuals skilled in these fields to do so; a plumber, barber, or surgeon. The same applies to legal matters. If you want to guarantee the best possible outcome, then an experienced attorney to represent you in court is the way to go.

Don’t let self-confidence become cockiness; consult with an expert lawyer.

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Manslaughter vs. Murder: What’s the Difference?

Legal AssistantCriminal Law Leave a Comment

The terms manslaughter vs. murder usually has a myriad of people entangled in a web of confusion. When they watch documentaries or read the newspaper, they’re baffled. One defendant gets a life sentence for murder while another gets probation or a lighter sentence for manslaughter, which is seemingly more severe than murder. And, terms like felony murder throw even more confusion to the mix.

To put all this confusion to bed, we’ll explore the differences between the two, along with the types of manslaughter. Read on!

Murder Definition

It’s a homicide that’s committed with malice afterthought. But, that doesn’t mean it’s a malicious killing. The afterthought is a way of saying that it’s an unjustified killing, as per common law. So, for a killing to be categorized a murder, there has to be intent to kill or reckless conduct that it’s punishable as murder.

Murder falls into three:

  • First-Degree Murder: It’s the killing of vulnerable people like children. Unintended killings that are done with the willful (premeditated) committing of another serious felony are also categorized as first-degree murder. For instance, a wife was intentionally buying poison to put in her husband’s food, and that ends up killing him.
  • 2nd Degree Murder: It encompasses all intentional but unpremeditated killings. Killings that stem from reckless conduct that depicted a grave indifference to the welfare of others or the sanctity of human life falls under 2nd degree murder.
  • 3rd Degree Murder: It’s committed with the goal of inflicting physical harm that doesn’t necessarily result in death. 3rd degree murder can stem from recklessness, negligence, or indifference.

What Is Manslaughter?

manslaughter

The manslaughter definition (aggravated manslaughter) is the unlawful killing that doesn’t involve malice afterthought (the plan to adversely harm or kill a person). So, the absence of this afterthought makes it less punishable by the law in comparison to 1st or 2nd degree murder. Nonetheless, it’s still a serious crime and falls into two main categories:

  • Involuntary Manslaughter: In criminal law, involuntary manslaughter is termed as a negligent homicide. If there was no evidence of premeditation to cause a victim’s death, then it’s classified as involuntary manslaughter. For instance, driving under the influence, which results in a car accident that kills 4 people. While the driver may have been driving drunk, they didn’t intend to cause a car accident that would kill 4 people.
  • Voluntary Manslaughter: It’s a homicide that willfully takes place without pre-meditation. Voluntary manslaughter is usually termed as a crime of passion, which means it’s triggered by emotions like jealousy or rage. For instance, a husband strangling his wife in a fit of rage and jealousy upon discovering that she’s been unfaithful.

What Is Attempted Manslaughter?

attempted manslaughter

It’s a type of voluntary manslaughter whereby the defendant attempted to kill someone as a result of an impromptu argument or in the heat of passion. So the defendant:

  • Intended to kill the victim
  • Attempted to kill the person as a result of being triggered
  • Took at least one ineffective yet direct step towards killing a person
  • Was provoked by the victim in such a way that would cause any person to act in the heat of the moment, as opposed to rationally

What Is Vehicular Manslaughter?

At times a driver may unintentionally cause a car accident, which results in the death of pedestrians, passengers, or occupants of another vehicle. They’ll then face the music by being charged with vehicular manslaughter that’s also termed as vehicular homicide. These charges are applicable where the driver was under the influence of alcohol or drug or driving recklessly.

vehicular manslaughter

Vehicular manslaughter is a newcomer in the array of homicide offenses. Before it came into the picture, such drivers faced manslaughter charges. So, given that juries were often unwilling to add the onus of manslaughter to a car accident, vehicular manslaughter swooped in, resulting in lesser penalties.

To know whether vehicular manslaughter charges are applicable when death stems from a car accident, you’ll need to factor in the usual types of driving that state laws account for.

  • Negligent Driving: In a plethora of states, ordinary recklessness or negligence on the driver’s part supports vehicular manslaughter charges. Typical negligence would be driving with the lack of prudence that a careful driver would exercise, given the circumstances. For instance, a driver who takes their eyes off the road for a moment, which then results in a fatal car accident would be charged with vehicular manslaughter.
  • Gross or Culpable Negligence: It’s a common benchmark for vehicular manslaughter. For instance, a speeding driver that fails to heed flashing red traffic lights, or did not apply the brakes.
  • Intoxicated Driving: Proving that a driver was under the influence of drugs or alcohol is one of the most common ways that prosecutors show recklessness or negligence. This entails eyewitness testimonies, chemical evidence that includes urine, bread, or blood tests, and self-incrimination tests.

What’s the difference Between 1st Degree Manslaughter and 2nd Degree Manslaughter?

In 1st degree manslaughter, you’re charged with killing a person in the heat of passion. For instance, a wife catches her husband in bed with another woman and kills one or both parties in a fit of rage.

In 2nd degree manslaughter, the defendant is charged with engaging in reckless behavior whereby they consciously took a risk that resulted in the death of a person. For instance, engaging in negligent behavior with a firearm on a hunting trip, and then accidentally gunning down someone.

Seek Legal Counsel

If you’re facing murder or manslaughter charges of any kind, it’s vital to consult a topnotch lawyer immediately. Moreover, an excellent defense attorney will elevate the chances of a favorable outcome.

They’ll prove complete innocence with an air-tight alibi, or that you’ve been wrongly identified by prosecutors, or you were acting in self-defense. Regardless of the scenario, reputable lawyers pave the way for affirmative defenses that may result in lesser sentences or having the charges dropped altogether.

Do you have any concerns or queries about a potential criminal case? Get in touch with our legal experts today.