Disabling Injuries and Options for Financial Assistance

Posted by on Aug 26, 2015 in Disability, Workplace Accidents | 0 comments

The physical trauma that comes after a serious accident can leave many devastating consequences. Oftentimes, these consequences can significantly affect how a person’s lifestyle. This is particularly applicable for individuals who walk away from accidents that result in disabling injuries. Injuries like brain trauma and spinal damage that typically causes disability can do more than just leave a person in pain. In some cases, these injuries can also limit income opportunities and result in financial difficulty.

Fortunately, people that have been injured in an accident and were left disabled by their condition can pursue financial assistance through different options. In particular, the federal government provides help for those suffering from disabling injuries through Social Security disability benefits. Through two distinct programs, every American can have a safety net to fall back on in case an accident leaves them vulnerable to a disability caused by a serious medical condition.

The first option for financial assistance in instances of disabling injuries is called Social Security Disability Insurance or SSDI. It is meant for individuals that are insured members of the Social Security system mandated by United States law. It is particularly meant to assist members who are not more than 65 years of age and are suffering from a disability. The people who can qualify for SSDI are those who have been employed long enough in order to meet Social Security payments and contributions.

For those who do not fall under these criteria, the Supplemental Security Income or SSI might be a better option. The SSI is provided by the U.S. Treasury for people with disabilities who are 65 years old or younger, and are falling short of the employment criteria required of the insurance benefits program. An important criterion to qualify for SSI is that a claimant’s current income is within the federal benefit rate.

Read More

Real Estate Litigation: What is Wrongful Foreclosure?

Posted by on Aug 25, 2015 in Real Estate | 0 comments

The financial climate in the U.S. market during the last couple of years of has been quite unstable. As a result, many struggle with financial issues that prove to be harder and harder to bear. It is a well-known fact that there are millions of Americans that are currently in debt and are fighting to make sure they are able to meet their payments. One common problem faced by most people all over the nation is the looming threat that they might lose their homes because of failure to repay their mortgage. In the United States, the reality is that a growing number of people are experiencing foreclosure. Their creditors or lenders then attempt to recover their loans by forcing real property on sale.

What happens when these people’s properties are wrongfully foreclosed? Based on data from the Office of the Comptroller of Currency or OCC, around 1/3 of all people that have had their homes or properties foreclosed faced such action simply because of errors made by banks and mortgage companies. In some cases, foreclosures are also pursued by creditors through fraudulent means. While these cases don’t typically happen frequently, the figure from the OCC show that negligent errors and actions made in bad faith are common enough to be a cause for concern.

According to the website of Gagnon, Peacock & Vereeke, P.C. there are several specific scenarios of wrongful foreclosure. The following situations exhibit fraudulent and negligent practices that could leave homeowners vulnerable to devastating outcomes. The first scenario is when the bank or mortgage company fails to provide the borrower with appropriate notices regarding late or missed payments. Another scenario is when lenders start asking for additional fees for late payments. Instances of predatory lending and lender bad faith also render a foreclosure illegal.

Read More

Common Construction Site Accidents and Injuries

Posted by on Aug 24, 2015 in Workplace Accidents | 0 comments

Construction sites are well known to be extremely dangerous, with plenty of hazards posing the risk of injury for those within the area. New York City construction accident lawyers often point out that the hazards found in these sites can leave people severely injured and struggling to deal with the consequences left by the aftermath of their accident.

According to the website of Hach Rose, construction site accidents are typically caused by a variety of factors. First is the presence of falling hazards that aren’t properly secured from significant heights. Another common cause of accidents involves issues with construction vehicles and heavy machinery like forklifts, bulldozers, and excavators. Specific problems with unsecured scaffoldings and cranes can also lead to catastrophic injuries. The Occupational Safety and Health Administration also point out that accidents involving electrocutions and electric shock is another common scenario in construction sites with unsafe working conditions.

Individuals who are caught in such devastating construction site accidents are mostly left to deal with serious injuries and a host of other complications and consequences. The most common injuries that result from construction site accidents include internal damage, traumatic brain injury, and spinal cord injury. Sometimes, these injuries can lead to long-term disability and paralysis. On top of such pressing health issues, construction site accident victims will also have to deal with emotional and psychological effects triggered by the traumatic event. Most will also struggle with financial difficulties brought about by medical costs and other necessary expenses.

All in all, it’s easy to see why construction sites are considered to be extremely hazardous. Those who work in such environments face plenty of risks. It’s crucial that construction firms and companies remain accountable for the safety of their employees, providing them with the best and safest working conditions as possible.

Read More

The Difference between a Will and a Living Trust

Posted by on Aug 17, 2015 in Probate | 0 comments

Life is unpredictable by nature. It’s best to have certain safety nets set up and established in cast the worst should happen at any time. In the event of a parent or legal guardian’s death, dependents can be left with little financial security. As a result, parents and guardians are strongly encouraged to think head and make necessary arrangements for their children or dependents. This will ensure that they will be well taken care of in case such devastation does occur while they are minors or before they are financially independent.

Parents and guardians can make essential plans through two different methods. The first is through a last will and testament. In a will, an individual—legally referred to as the testator—is able to delineate specific instructions regarding what should become of his or her properties and assets after they pass. A will can also be used as a space to make special directives regarding the care of his or her children or wards, as well as to name a specific person in charge of executing everything mandated in the document. After the death of a testator, a will is validated through a legal process called probate. This process can become lengthy, lasting from 6 months to a year. Chicago probate litigation lawyers would probably tell you that it could take longer if there are any disputes with regards to the validity of the will coming from family members and beneficiaries.

The second method is through a living trust. Drafting a trust allows a person—this time called the grantor—much of the same privileges that a will can give. In their trust, individuals can make arrangements regarding their properties and assets, as well as make detailed instructions regarding child care and other similar concerns. The difference is that a trust is already considered effective during a grantor’s lifetime. A living trust allows named beneficiaries or trustees to skip the lengthy probate process. However, certain issues can still slow down and block the enactment of a trust. According to the website of Peck Ritchey, LLC, complications may arise if the trust is not written in a way that accurately depicts the intentions of the grantor.

If you are considering drafting a will or trust to ensure the security of your dependents, don’t hesitate to consult with experienced legal professionals regarding this often complicated area of the law.

Read More