When Mediation May Be Used in Auto Accident Cases

Mediation is an option for resolving some personal injury and insurance dispute cases. It allows the parties involved in a lawsuit to work together to reach a compromise regarding a case. This allows the parties to be in greater control of the outcome of the case and to speed up the process.
There are certain times when mediation may be used during an auto accident case. Sometimes it is used before a lawsuit is ever filed. Rather than go through the tedious process of filing a lawsuit, the plaintiff’s attorney may ask the insurance company to engage in mediation. This gives the parties the opportunity to settle. Additionally, it allows the insurance company to see the plaintiff and how he or she will likely present before a jury.

In other cases, a lawsuit may initially be filed. The court may require mediation as part of the process leading up to trial. Typically, this will be required after discovery is completed. This is an important time in a case because both parties will have all of the information that may arise in the case. During mediation, the mediator may discuss how this information might affect the claim.

Another common time for mediation is right before trial. At this pivotal point in the process, the lawyers for each side are familiar with the case and are ready to proceed to trial. However, they may give mediation a try as a way to control the outcome of the case and avoid the expense and time of a trial.
Mediation can technically be used at any point during the litigation process as long as both parties are willing to participate in the process. Sometimes mediation is even used after trial as a way to avoid appeals and difficulty collecting a judgment.

10 Reasons to Use a Real Estate Attorney

Finding an Omaha real estate attorney can be challenging, but it is time well invested. Working with an experienced attorney when you are involved in a real estate transaction can save you frustration, money, and time.

Whether you are purchasing or selling real estate or dealing with personal or business transactions, an attorney has no personal stake in the transaction and will be working only to ensure that the deal is in your best interest and that your rights are protected. The other people involved in a real estate transaction, as concerned or helpful as they might seem, are all focused on their bottom line. They want what is best for them first and foremost. A real estate attorney works for you and he or she is the only person involved who is truly on your side.

There are many reasons why using a real estate attorney can help you. Here are the 10 most important:

1. Independent Party

An Omaha real estate attorney hired to represent you in a real estate transaction is solely working for you. They are going to offer you advise and ensure that you are taken care of. Everyone else involved in the transaction has a financial interest of their own, but your attorney is there to make sure things are handled in your best interest. He or she is an independent party who is acting on your behalf and has nothing to lose personally in the transaction.

2. Protecting You

Your Omaha real estate attorney will do everything in his or her power to protect your rights. This means they will not withhold information from you because it could affect the deal, nor will they gloss over or make anything look more appealing than it actually is. Your attorney’s only priority is ensuring that things work out for you.

3. Experience and Training

In addition to working for you, your Omaha real estate attorney has the knowledge and experience to make sure real estate transactions are handled properly. They are aware of the laws affecting transactions and they know what can go wrong because they have seen it happen in their experience.

4. Review and Modify Contracts

An Omaha real estate attorney is able to review contracts and modify them as necessary. The average person would not expect there to be problems with standard real estate contracts, but every transaction is different. It is important to have someone on your side who is not only familiar with the real estate process, but who also understands contract law and can make sure everything is airtight and offers you the appropriate protection before you sign it.

5. Explain Contracts and Other Legal Information

In addition to making sure a contract is as it should be, an experience Omaha real estate attorney can also break down the language in the contract and any other documents so you are able to understand what you are reading. It is no secret that business transactions include a great deal of legal “mumbo jumbo.” Legal terminology is needed to make a contract enforceable, but it is not always the easiest to understand when you have not had years of legal training. Your attorney has had this training and he can explain to you everything that is needed to make the best choices in a real estate transaction.

6. Inspection Issues

The inspection is an important part of the real estate transaction, but in most cases, inspections are legally optional. This means some buyers feel pressured into foregoing an inspection, which can be a big mistake. Your Omaha real estate attorney can include inspection contingencies in the deal and help you know exactly what you are getting when making a purchase. If you are the seller, your attorney will make sure the inspection does not delay the transaction and that it is handled by a professional who is identifying real problems, not just trying to save the buyer money.

7. Understanding Your Legal Obligations

There will be certain obligations you have regardless of whether you are the buyer or seller and your attorney can explain these to you. For instance, what happens if you back out of the deal? What happens with the earnest money? Do you owe the other party anything as a result of cancellation? The last thing you want is to face legal action because of something you have done and your Omaha real estate attorney will make sure this is not the case.

8. Mortgage Support

Real estate attorneys work with mortgage lenders, which can save you a great deal of time and hassle. You will know in advance that whatever financing arrangements are in place will be in your best interest. He or she can also act as a liaison between you and other people involved in the transaction. This saves you time and ensures that there is someone there to keep things on schedule and moving forward as efficiently as possible.

9. Title Assistance

One of the most common issues to hold up a real estate transaction is problems with the title. And even if a problem does not affect the initial transaction, a title issue can come back years later to haunt you. Your real estate attorney will make sure the title on the property is free and clear, which will save you money and frustration as the deal moves forward and the property changes hands.

10. Peace of Mind

Perhaps the best thing an Omaha real estate attorney does is give you peace of mind. Chances are a real estate transaction will be one of the biggest purchases of your life. Even if you are frequently buying or selling property, you are still dealing with large value transactions. It is imperative you have protection and someone looking out for you who understands laws and knows what to expect. It is also important to have someone there to answer questions and offer guidance if something out of the ordinary happens. Things go wrong all the time in real estate transactions and you need to make sure you are protected if there are bumps in the road.

For more information or to speak to an experienced Omaha real estate attorney, contact Mark Malousek.

Mark Malousek
https://www.malouseklaw.com

5 Things an Estate Planning Attorney Can Help You With

HIPAA is in place to create Having a plan in place that tells your loved ones how to manage your estate once you are gone is one of the most important things you can do to show you care. A Lapeer County estate planning attorney can help.

Even if you have an average amount of assets and there is nothing complex about your life, estate planning can still be challenging. There are laws that govern how your estate will be handled after your death and failing to put a plan in place can make things even more difficult for your family. A Lapeer County estate planning attorney can answer your questions and ensure that things go as smoothly as possible for your loved ones when the time comes to settle your estate.

An estate planning attorney can help you:

1. Help You Create a Will that is Custom-designed to Suit Your Needs
It is possible to create a will on your own and people do it all the time. But the only way you can be sure the document is full-proof and will stand up to legal scrutiny once you are gone is to have a lawyer assist you with the process.

A Lapeer County estate planning attorney will guide your decisions and make sure that your unique circumstances are addressed. They can also make changes as changes occur over the course of your life.

2. Offer Suggestions for Avoiding Probate
Probate is a complicated process that can extend the length of time it takes for your family to settle your estate. Luckily, there are things you can do in advance to avoid probate entirely or at least make sure it is as smooth as possible. For instance, an estate planning attorney will help you determine if joint property ownership, gifts, death beneficiaries, or trust will be the right tools to ease the probate process.

3. Help You Determine Which Estate Planning Tools Will Be Most Beneficial
Speaking of trusts and the other tools designed to help you with estate planning; a Lapeer County estate planning attorney will help you determine which tools are most suitable for your situation. Additionally, an attorney can help you set up a living will or durable power of attorney and can help you create a plan for your children should something happen to you before they are old enough to care for themselves.

4. Assist You with Updates to Your Estate Plan
It is never too early to have an estate plan in place, but that does not mean that what you plan now will be sufficient in a decade or two. A Lapeer County estate planning attorney will alert you to when it is time to make updates to your plans and help you with those updates.

5. Make Sure Your Estate Plan Remains Solid
Changes occur to estate laws and you need to be sure that your plans will hold up if any changes occur. Only an estate planning lawyer will be up-to-date and understand how the latest laws affect you.

For more information or to learn how a real estate planning attorney can help you with your transaction, contact Robert Thomas at 810-664-7555.

Robert Thomas

5 Ways a Real Estate Attorney Helps You with the Sale or Purchase of a Home

Finding a real estate attorney in Caldwell Ohio can be a challenge, but you will be happy you invested the effort. An experienced real estate attorney is able to save you time, money, and in some cases, frustration.

Whether you are purchasing or selling real estate, you need someone on your side who is looking out for you. An attorney has no personal stake in your transaction and only wants to make sure the deal is in your best interest and your rights are protected.

There are many reasons you should work with a real estate attorney in Caldwell, Ohio, including:

1. Protecting You

A real estate attorney in Caldwell, Ohio is there to protect your rights. Their only goal is to help you through the process and make sure things work out in your favor. Whether that is negotiating aspects of the deal, ensuring the proper inspections are handled, or helping you with financing, your real estate attorney is on your side.

2. Experience and Training

In addition to working for you, a real estate attorney in Caldwell, Ohio has the knowledge and experience needed to make sure the transaction is handled properly. They know the laws that play a role in the sale or purchase of property and they can anticipate anything that will go wrong from previous experience.

3. Contracts

Attorneys tend to be contract experts, especially when contracts are important in their field. This is the case with real estate attorneys.

A real estate attorney in Caldwell, Ohio is able to draft, review, and modify contracts as needed. He or she understands contract law and can make sure everything is airtight and protects you in a sufficient manner before you sign it.

Additionally, an experienced real estate attorney in Caldwell, Ohio is skilled in communicating legal language to someone who has no formal legal training. This makes it easier to understand your situation and make the best decisions based on the facts.

4. Help with Title Issues

One of the most common delays in a real estate transaction is a title problem. It is also possible that a title problem that is not immediately obvious can come back to hurt you in the long-run. An attorney can review the title on the property you are purchasing and make sure there will be no problems. And if you are a seller, your attorney can check the title to make sure nothing about it will hold up the sale.

5. Peace of Mind

Working with a real estate attorney can take an otherwise stressful situation and make it easier on you. Working with a real estate attorney in Caldwell, Ohio will reduce the problems that arise and even if something does go wrong, you will have someone there to fix it and make sure it does not harm you. Having this peace of mind is something you cannot put a price tag on when you are making such a large financial investment.

For more information or to learn how a real estate attorney can help you, contact Clifford Sickler at 740-732-1495.

Clifford Sickler
https://www.sicklerlawoffice.com/

The Best Questions to Ask Your Criminal Defense Attorney If Accused of a Crime

Facing criminal charges might be the most frightening experience you have ever had. If you are in trouble with the law, regardless of whether you innocent or you were involved in something illegal, you need the assistance of an Atlanta criminal defense attorney.

The best way to choose a defense attorney who is right for you is to discuss in advance the details of your case and get to know the attorney and his or her approach to cases. These questions can help:

1. Do You Have Experience Dealing with Cases Like Mine?

Arguably the most important thing you can do is find out if an Atlanta criminal defense attorney has defended clients in situations similar to yours. It might be possible for someone who has never dealt with cases like yours to help you, but you are almost always better off working with someone who has the specific experience you need in your case. This also means he or she will be familiar with how the local court system deals with cases like yours and whether there is anything you need to know based on the specific details of your case.

2. Is a Plea Bargain Right for Me?

In some cases, negotiating a plea bargain will be the best option you have. This means you admit to a crime of a lesser extent or you agree to do something in order to have the charges against you in their current form dropped The goal is to reduce the penalty you face, even if it means accepting a penalty of some kind. You give up the opportunity to be declared innocent and allowed to go without any repercussions, but you end up with a “sure thing” that might be far less than the risk you face. Your attorney should be able to tell you whether this is the right option based solely on your best interest.

3. Will I Be Working Directly with You?

There are some Atlanta criminal defense attorneys that pass you off to other members of their team once they have your business. This is not always a bad thing if all of the lawyers in the firm are qualified and experienced to deal with your case. However, it is always best to know in advance whom you will be working with.

4. Do You Need Anything from Me?

Make sure you know what your Atlanta criminal defense attorney needs from you and make sure you supply it to him or her in a timely manner. Your future hinges on fulfilling your responsibilities.

5. What Do You Charge?

Lastly, you need to understand the attorney’s fee structure. This way you will know if you can avoid his or her services and be able to plan in advance before you begin your professional relationship. Some Atlanta criminal defense attorneys are willing to work with you on fees if your case is solid, but you need to know exactly what to expect.

For more information or to schedule a consultation to discuss your options, contact Joel Baskin at www.joelbaskin.com.

John Panico
www.joelbaskin.com/

How to Comply with HIPPA

HIPAA is in place to create safeguards for patient privacy. Anyone providing medical service or dealing with medical information must comply with HIPAA requirements. This can be especially challenging as more and more providers move to electronic systems and storage of medical records, but a healthcare attorney in Orlando can help. Complying with HIPAA requirements is a multi-step process that includes:

1. Establishing a Privacy Policy
Your organization needs to have a basic privacy policy in place before it even begins to address the technical issues. It also needs to be followed and include all security and privacy issues, and be documented and noted when a breach occurs.

2. Assign a Privacy Officer
Assigning a privacy officer or officers ensure that someone is responsible for overseeing HIPAA issues. In some cases this can be a healthcare attorney in Orlando, but it can also be a member of your staff. There can also be multiple people doing the job so there are numerous checks and balances. This gives you internal controls and creates a barrier between your facility and HIPAA regulators.

3. Conduct Risk Assessments
The strongest systems are assessed for their risk and then those risks are addressed. These should be done on an ongoing basis, even if you think things are running smoothly.

4. Implement Electronic Communication Policies
You need a policy in place that addresses texting and email communication to ensure it meets HIPAA guidelines. Any private information that is transmitted via email or smartphone texting must be protected. A healthcare attorney in Orlando can help you design and implement a program that meets your requirements.

5. Educate Employees
A policy is only as good as the employees using it. All the policies and safeguards in the world will not help if they are not applied by those handling the information. Employees should be trained and educated and should be required to participate in education programs on an ongoing basis.

6. Establish Breach Protocols
As nice as it is to assume a breach will not occur, chances are there will be one sooner or later. Dealing with is successfully means having a plan in place that mitigates the damage. A breach plan could details about when to report a breach, how to investigate it, who to tell, and how to find the root cause and fix it. A breach is serious, but if you anticipate it happening and you know what you will do when it does happen, there will not be any reason to panic.

7. Implement Technical Safeguards
It is important to have technical safeguards in place that make it more difficult for wrongdoers to commit a breach of your data. This might include making the information unreachable, unreadable, or unusable. Some safeguards include encryption, audit controls, access control, auto log-off devices, and authenticating PHI.

Understanding the framework of HIPAA compliance and knowing what tech requirements are needed on your end ensures you are prepared no matter what happens. A healthcare attorney in Orlando can help.

To learn more about HIPPA compliance or to discuss your responsibilities, contact Tracy Mabry at 407-347-9988.

Tracy Mabry
https://www.tracymabrylaw.com/

Top 5 Reasons to Use Alternative Dispute Resolution instead of Litigation

Choosing alternative dispute resolution can be one of the smartest things you ever do when involved in a legal dispute. Although it is not right in every situation, it can provide a number of benefits. In some cases, courts even require you to attempt alternative dispute resolution in Indiana before moving forward with litigation. They might order disputing parties into mediation or arbitration in an attempt to resolve the dispute more efficiently and remove the burden of the court system.

If you are considering alternative dispute resolution in Indiana or the court is requiring an attempt at ADR, why should you be willing to try it with an open mind?

1. Saves Money

One of the primary reasons people opt to use alternative dispute resolution in Indiana is because it costs less than litigation. Both mediation and arbitration almost always saving those involved in dispute money. In some cases, it is a significant amount of money. When you add up the cost of working with a lawyer for several months, court fees, and any other expenses of a long, drawn-out court battle, it is easy to see how much less expensive alternative dispute resolution will be.

2. Saves Time

A big reason why alternative dispute resolution costs so much less than litigation is that it saves so much time. You are not using the resources involved for as long as a period of time as you would when taking a case to court. Not to mention the time it saves you. Imagine being able to get back to your regular life without the burden of a lawsuit hanging in the balance. It is why so many people opt for ADR.

3. Preserves Relationships

Alternative dispute resolution in Indiana, especially mediation, helps to preserve mutually beneficial relationships. Whether you are involved in a business dispute or you are trying to resolve a family legal issue, you are more likely to be able to move forward and enjoy the benefits of the relationship pre-dispute when you use ADR to resolve it. There is less animosity than in litigation and unlike going to court, there is less of a sense of winning and losing. There is also more flexible, so even if an arbitrator finds in favor of one party, it is possible to create a custom solution that still makes the other party comfortable.

4. Gives You Control of the Outcome

Many instances of alternative dispute resolution in Indiana will put you completely in control of the outcome of your situation. There will be no judge rendering a decision and you will not be forced to abide by the conditions of a resolution unless it is stated in advance that the decision of an arbitrator is binding.

5. Keeps the Dispute Confidential

In both mediation and arbitration, parties involved can agree to keep the process and the outcome private. This is beneficial in personal family law matters as well as in business disputes. You are able to keep sensitive details from becoming a matter of public record and you prevent personal details from being known to the public.

To learn more about the benefits of alternative dispute resolution and learn why it might be right for you, contact John Panico at 317-759-7464.

John Panico
https://www.panicoadr.com/