How Does the Michigan Offer in Compromise Program Work?
Benjamin Franklin once said, “In this world, nothing is certain, except death and taxes.” However, changes in the tax laws are proving that famous quote wrong. A Michigan Offer in Compromise allows you to negotiate an amount less than what you owe to the State of Michigan.
Do I Qualify for a Michigan Offer in Compromise?
As an individual, there are three ways to qualify with the state.
Doubt of Liability: The tax debt does not belong to you. It may belong to a former spouse, someone with a similar name, or even is simply a clerical error.
Doubt of Collectability: You are unable to pay the tax debt and attempting to would be a severe burden on your family. This situation is expected to be long term.
Federal Offer in Compromise: If you have an approved Offer in Compromise from the Internal Revenue Service for the same tax years, the State of Michigan will work with you. Usually this means accepting the same percentage discount that the federal government did on the debt you owed to them.
Once you have determined your eligibility, contact a tax lawyer in Michigan. Together you can fill out the appropriate forms to file. You will need to provide proof as to why you do not believe that owe the money, complete a worksheet proving payment would bring economic hardship to your family, or proof of an accepted Offer in Compromise with the federal government.
You will also complete Form 5181 with your tax attorney. This form states the amount you are willing to pay. Your attorney can help you determine an appropriate offer amount.
In addition to attorney fees, you must be prepared to offer a 20 percent down payment on your offer. In other words, if you are offering $1,000 on a $10,000 tax debt, you must enclose $200 (20 percent of $1,000) with your offer.
Be aware that this payment is non-refundable, even if your offer is denied. It will, however, be applied to your total debt owed no matter what the result.
What Can I Expect Next? How Long Does It Take to be Approved?
While the program can be a lifeline for many taxpayers in over their heads, it is not a quick process. Depending on how busy the state of Michigan is, it can take up to six months to process.
Sources:
https://www.irs.gov/payments/offer-in-compromise
https://www.michigan.gov/taxes/0,4676,7-238-74531_43515_68920—,00.html
Jail Time for a DUI in Florida? It’s Possible!
Every state has toughened up their DUI laws over the years, and Florida is no exception. The days of a cop asking you if you’re okay to drive home are long gone from both a revenue collection and a legal liability standpoint. The fact is simply that you are in a lot of trouble if you get pulled over for a DUI in the Sunshine State.
Of course, like other states, Florida does offer some leeway with regards to a first offense DUI, especially if there is no bodily harm or property damage involved in the incident. In Florida’s case, drivers are sometimes allowed to plead guilty to what is known as a “wet reckless,” which is reckless driving while under the influence of alcohol. These pleas are rare, and getting increasingly so, but they are designed to offer some degree of “fair warning” to someone who just made a single mistake in their life. Yet, even this escape hatch can later be construed as a drunk driving conviction if the violator ever does it again.
It is this process of escalation that can lead to someone facing significant periods of incarceration. Most first time offenders are let off with heavy fines and large amounts of community service and/or DUI classes. Once a driver repeats the offense, however, the risk of jail time quickly adds up. Even worse, what was initially handled as a misdemeanor turns into an increasingly serious level of felonious conduct if it keeps happening or if damage occurs.
Indeed, the threat of jail time soon becomes the promise of jail (or even prison) time as repeat violations add up. As a result, it behooves anyone who is facing an alcohol-related charge in the state of Florida to consult with qualified DUI lawyers, Many people simply do not understand the increasingly-complex ladders of escalation that are built into most current DUI laws. Even a borderline case that a motorist might regard as “no big thing” can set the stage for the next “no big thing” to turn into a free vacation in the Gray Bar Hilton.
Since all DUIs result in legal paper trails that can adversely affect one’s job prospects as well as their insurance rates, it is always in the best interest of the defendant to fight these claims to the best of their ability. You might think that simply “manning up” and admitting your mistake is the decent and moral thing to do, not to mention less expensive than hiring a lawyer, but you would be wrong in the extreme. Save your future and consult with a DUI lawyer before you do anything else.
https://criminal-law.freeadvice.com/criminal-law/drunk_driving/florida-dui-jail-time.htm
Why Do Semi-Trucks Crash So Often?
It’s obvious to every driver on the road that 18-wheelers are dangerous transportation vessels—one wrong move and disaster will result. But why are tractor-trailers so dangerous?
The vehicle itself isn’t the problem so much as human error is, and in order to reduce commercial trucking accidents everyone involved in the industry must make safety the number one priority.
Some Common Reasons for Big Rig Collisions in California
Tractor-trailers can crash for a number of reasons but most of those reasons will involve negligence. It’s not too often that a freak lightning strike causes a crash—it’s almost always the fault of a human somewhere down the line.
It’s not always the truck driver’s fault, but another human that was somehow connected to that vehicle could be to blame. See below for a list of common factors that cause tractor-trailer wrecks.
- Driver fatigue
- Drunk driving
- Overloaded trucks
- Speeding
- Poor driving conditions
- Oversized trucks
- Failure of breaks
- Aggressive and/or reckless driving
- Poor training
- Mechanical errors
- Defective parts
- Inexperienced drivers
What Can be Done to Make the Roads Safer?
Much can be improved upon to make the roads safer, especially with regards to the commercial trucking industry.
For instance, driver training should be extensive and background checks should be regular. Those caught driving intoxicated should have their commercial drivers licenses revoked. Trucks should never be overloaded and speeders should be promptly dealt with.
The most important thing that should be done to increase safety is to follow the rules of the road. Always keeping these factors in mind is paramount to everyone’s safety.
Another thing that can be done to stop these types of serious accidents from occurring is to hold accountable all those whose negligence has caused accidents.
For example, mechanics must be held accountable when they fail to properly maintain a semi-truck. Also, manufacturers should be held liable when defective parts lead to injuries. Reckless drivers must be held responsible. The list goes on. How do you hold these negligent parties accountable? You must file a personal injury case against them.
Why Should I File a Personal Injury Case for a Big Rig Crash?
Filing a personal injury case will make it possible to change legislation involving commercial trucking. It can also protect others from injury. If you’ve been injured, then filling a claim can allow you a chance to receive justice for your injuries and compensation to pay for all your losses and suffering.
Filing claims may seem difficult but there’s no reason you have to file your claim on your own. There are Riverside truck crash attorneys you can contact who can help you with your case. The only way to make changes in this world is to actually do something. In this case, you don’t even have to do it alone.
Remember, always watch out for semi-trucks and drive defensively, so that you can avoid a collision if possible. If you’ve already been injured then fight to protect others and help make better safety a priority in the commercial trucking industry.
Benefits of Family Mediation
Dealing with a divorce isn’t easy. Your family is separating, and you’ll need to make several major decisions. From splitting your property to splitting time with your kids, the decisions can be overwhelming.
Worse, you’re already dreading your day in court. You don’t want to fight against your former spouse, but you’re concerned that you’ll have to. Fortunately, family mediation is an option that can save you and your family some heartache.
When you and your spouse are considering a divorce, you want to make it as easy on yourself and the rest of the family as possible. So, reach out for help when you and your family are struggling with a divorce.
Avoiding Litigation
Avoiding a long dispute in court is already an appealing option for many people. You might still be amicable with your former spouse, for example, and you don’t want to fight against them. Unfortunately, the image of divorce many of us have are long days of fighting in court.
You likely have already thought of divorce that way. You and your spouse would be on opposing sides, and you’ll each be arguing to get as much of your shared property as possible. Fortunately, divorce today doesn’t have to look like that.
If you and your spouse want to compromise and come to an agreement that helps you both, reach out to a qualified family mediator, who can facilitate that.
Resolving Disputes Out of Court
Still, you might have some disputes to resolve with your spouse. You might be undecided on who will get legal and physical custody of the children, and you might be struggling to make that decision. Even so, you don’t want to go through the emotionally-exhausting process of proving that you should have custody.
Family mediation can solve these disputes without needing to fight. With a mediator, you can sit and reach a compromise to present to the judge that makes you both happy. For example, their other parent might have more time and live closer to the child’s school, but you want to see your child. In this case, your mediator would help you work out a plan for joint custody.
Mediation Makes Divorce Easier
When you and your spouse first decide that divorce is your best option, it can feel frustrating and hopeless. You’re already dreading fighting them, but it seems inevitable. Most media showing divorces suggest that it’s a painful, frustrating, sad process.
By choosing mediation over litigation, you have a chance to avoid that. You can get the fair property split you deserve, a compromise for your children, and the amicable split you want. With a mediator, you can protect your assets. If you’re considering a divorce but don’t want the worries and pain of litigation, speak to a family mediator about your claim.
Owner Liability for Dog Bites
Are you liable if your dog bites someone?
Yes, you are liable.
In most American states, there are strict liability dog-bite laws that stipulate owner liability for dog bites. Thus, you are financially responsible for dog bites caused by your dog irrespective of your dog’s history or carelessness.
Dog Bite Statistics are Shocking
As of 2016, there were over 75 million dogs in the US. Each year, there is an estimate of 4.5 million dog bites. Over 900,000 dog bites cause an infection.
Every year, a dog bites one out of every 72 Americans. Around 1% of visits to the emergency department in the US are because of dog bites.
In 2014, dog bite victims in America obtained over $500 million in claims. As a dog owner, you need to keep your dog safe because there is owner liability for dog bites. Thus, you can end up paying a lot of money to a dog bite victim.
Types of Dog Bite Injuries and Diseases
Over 55,000 people die every year because of rabies. The primary cause of rabies is dog bites. These also cause tetanus.
Facial Injuries
A dog bite can cause facial injuries. A dog bite scar can be painful, disabling, and disfiguring. It can interfere with hearing and sight. Children are at risk of suffering facial injuries because of dog bites.
Amputation
A bite that affects tendons, nerves, and bones can result in an amputation. The victim can lose a toe, foot, hand, or arm.
Infection
Infection is the greatest risk of an animal bite. An infection can be life-threatening. If there is redness around a wound accompanied by a fever, there is the need for immediate medical attention.
Dog Owners Have to Pay Damages for Dog Bites
Every American citizen has rights. All Americans are entitled to safety. You should stay safe from bodily harm as long as you are not a criminal or infringing on the rights of other people.
A dog bite is a serious bodily harm. A dog bite victim is entitled to financial compensation from the dog owner responsible. The compensation sum will cover medical costs. It will also cover the mental and physical suffering because of the bite. Dog bite victims need dog bite lawsuit help.
The Bottom Line
A dog bite constitutes personal injury. The law provides legal remedies to personal injury victims. This is usually financial compensation. One can seek compensation through a court or negotiation process.
References:
https://en.wikipedia.org/wiki/Dog_bite
https://www.caninejournal.com/dog-bite-statistics/
Missouri Car Accident Laws
There can be many reasons why a car accident occurs, including distracted drivers, vehicle malfunctions, or even outside sources, such an animal crossing the road or debris in the road. While there are definitely numerous reasons why an accident can happen, in the state of Missouri, determining who is at fault for the accident will play a big role in any settlement for damages or injury.
Missouri car accident laws require that every driver maintain at least some type of liability insurance. Unfortunately, because there are some drivers who simply do not follow this law and leave other drivers at risk because they have no insurance, Missouri also requires that drivers carry uninsured motorist insurance. This insurance is intended to help cover expenses related to an auto accident where the other party has no insurance.
Missouri is an at fault state, meaning that the person who is deemed at fault for the accident will be the one whose insurance company will have to pay for any injuries, damages, or lost wages. Fault can also be split between the parties if both parties are found to be partially responsible; this at fault responsibility can vary, depending on how much each party contributed to the accident.
Experienced car accident attorneys in St. Louis, Missouri will be able to help you understand the at fault part of your auto accident and can even help present your case in the best way possible in order to lower the amount you are found to be at fault. It’s important to work with an experienced attorney, and gathering the right information from the beginning can certainly help.
Many car accidents in Missouri won’t require an accident report; you can simply contact your insurance company. However, in some cases, you will need to file a report with the DMV. For example, if you’ve had a previous accident in Missouri within the past year and a party in the accident didn’t have insurance, and there was either a death, $500 in damages, or someone involved in the accident was injured, then you’ll need to file an accident report with the Department of Motor Vehicles.
In Missouri, drivers involved in an accident are required by law to move their vehicles off the road, if possible. Once vehicles are safely out of the way of other drivers, check to see if anyone was injured; then, call the police and exchange personal information with the other party. Make sure to get the other party’s name, address, driver’s license number, VIN and plate number, as well as the name of their insurance company and the policy number.
The amount of money that you’ll be able to recover following an auto accident will be determined by the breakdown of how much each party is at fault. An experienced attorney who handles car accident cases in Missouri can help protect you by gathering important information to establish the other party’s fault. Whether it’s interviewing witnesses or taking photographs, the more information your attorney is able to gather, the better they will be able to defend your case.
Sources:
https://en.wikipedia.org/wiki/Traffic_collision
Getting Justice for a Wrongful Death in Virginia
Losing a loved one is never easy. When their death could have been prevented if it weren’t for the irresponsible or wrongful actions of another, it can be even more devastating. Fortunately, you may have the opportunity to bring them to justice for the harm they’ve inflicted on you and your family when you bring a wrongful death claim against them.
If your claim is successful, you’ll be able to recover compensation for some of the damages you’ve endured due to the death of your family member. Below, we discuss the statute of limitations for wrongful death claims, which relatives will be able to file the claim, and the benefits you may be able to include in your civil lawsuit.
Filing Your Claim Within the Statute of Limitations
First and foremost, you need to make sure that your claim is filed before the statute of limitations runs out. In Virginia, the statute of limitations for wrongful death claims is two years from the date that your family member passed away.
If you fail to file your claim in court within this two year timeframe, your case will no longer be able to be heard in a court of law, and you will be unable to hold the at-fault party accountable for their actions.
Who Can Pursue a Wrongful Death Claim?
Virginia law is very strict in regards to who may file a wrongful death claim. Those who are able to file are referred to at “statutory beneficiaries” and include the family members and dependants of the decedent. But not every family member can file a claim.
The surviving spouse, children and grandchildren of the deceased will have the first opportunity to file, followed by their parents and siblings or anyone else who shared the same household and was dependant on the decedent. If none of the above apply, anyone in the family who would have inherited the deceased’s estate can pursue compensation in a wrongful death claim.
However, there are exceptions to these laws. For example, if a parent abandoned their child at any point in their childhood and upon their death, the parent attempts to file a wrongful death claim, they will not be allowed to pursue compensation for the loss of their biological child.
What You Can Expect from Your Benefits
There are any number of damages that can be included when calculating the value of your wrongful death claim. Some of these different losses could be the medical expenses the decedent incurred prior to their passing, mental anguish, lost wages and damage to potential future earnings, punitive damages, the funeral and burial expenses, the loss of companionship, guidance, and care, among other losses.
Your attorney will discuss the ways your family’s life has been impacted by the loss of your loved one in depth so that you can ensure that every single damage is accounted for.
Work with a Virginia Wrongful Death Lawyer
If you’re ready to take the leap and pursue the compensation you and your family need to pick up the pieces of your life, you can bring a wrongful death claim in Richmond, Virginia by getting help from a qualified wrongful death lawyer. Your attorney will be able to advise you after discussing the details of your case in your initial consultation.
Building a Persuasive Car Accident Claim
If you were involved in a motor vehicle accident and are interested in bringing a personal injury claim against the person or persons responsible for causing your injuries, it would be well-advised for you to begin working with a well-trained attorney who can help build you a compelling case.
Building the strongest claim possible is the best way to ensure that you get the most out of your claim. Below we discuss the types of evidence your attorney will gather to support your case and the different losses that may be included in your claim depending on how impactful your injuries were on your life.
Evidence That Supports Culpability
The only way your claim can be successful is if your attorney is able to demonstrate that your accident and subsequent injuries were caused by the negligent actions of another. The best way to do this is by presenting evidence that might include witness statements, expert testimony, photographic evidence, video footage, police reports, safety inspection reports and medical documentation.
For example, let’s say that the driver of the other vehicle had a blood alcohol content of 0.22% which is well above the 0.08% legal limit. Your attorney can present this evidence in court to show that due to the fact that the other driver was operating a vehicle under the influence of alcohol, they are responsible for causing the crash you were injured in.
Consideration of Every Single Loss
You’ll want to be sure that every single loss you’ve endured is accounted for when calculating the value of your claim. That can be much easier said than done if you aren’t working with an attorney. Your lawyer will be experienced in these calculations and might include a number of different damages such as:
- Medical expenses
- Loss of enjoyment of life
- Lost wages
- Emotional distress
- Property damages
- Loss of companionship and love
- Inconvenience
- The effects of disfigurement
- Loss of household services
- Damage to your potential future earnings
There is also a strong possibility that if the actions of the defendant are found to be egregious or harmful, you could be awarded a sum of punitive damages that will increase the amount of your final award.
An Experienced Car Accident Lawyer Can Help You
If you want to be sure that you achieve maximum compensation for your suffering, the car accident lawyers of Greenstein and Milbauer are the attorneys to call. This firm is known for being aggressive in the courtroom and compassionate with their clients. When you’re ready to bring the liable party to justice, visit their website or give their office a call to schedule a free case review.
Personal Injury Claims and NY Motorcycle Accidents
In the wake of a motorcycle crash, you’ve got a lot on your plate. You’re dealing with the expenses of the crash, your own injuries, and the damage to the motorcycle. All these losses can add up, and worse, you were injured because someone else was careless with your safety.
When this happens, you’ll need to file a personal injury claim with the help of one of the motorcycle crash attorneys of New York. You need compensation for your accident, and a lawyer can help you get the compensation you need. Before you file your personal injury claim, seek out an attorney and get help with the unique challenges a motorcycle collision brings.
Motorcycle Crash Compensation
One of the challenges of getting your full compensation for a motorcycle crash will be the overwhelming nature of motorcycle injuries. While helmets are required in many states, there’s not much else between you and the road.
That means you’re dealing with expensive injuries that come with serious “noneconomic damages.” For example, a crash might leave you with trauma that could develop into PTSD. This is a serious disorder and can lead to symptoms like nightmares, flashbacks, and detachment.
So, you’ll need to make sure you know the full value of your claim’s worth before you file your personal injury claim. Your attorney can help you determine what your compensation is worth, so be sure you include any damages you’ve suffered, including the following:
- Medical expenses
- Pain and suffering
- Emotional trauma
- Lost income
- Property damage
Personal Injury Laws for Your Collision
However, getting your motorcycle crash compensation isn’t so simple as filing your claim. You’ll also need an attorney who’s ready to fight for your compensation. Personal injury claims can be complex, and you’ll need to be sure you’re keeping up with all laws that might affect your claim.
For example, acting too slowly could mean no compensation for your recovery. Personal injury claims must be filed within three months of your accident. If you don’t act within those three years, your claim will be dismissed.
If you’re found negligent, you could lose your compensation for this, too. For instance, the other driver might claim that you didn’t signal properly, which helped to cause the accident. They might find you 30 percent at fault if you don’t fight back, in this case, which means you’ll only receive 70 percent of the compensation you were owed. Fortunately, a lawyer can help prevent this.
Work with a Lawyer for Your Claim
If you’ve been in an accident while on your motorcycle, there’s a good chance you’re dealing with plenty of pain and high expenses. It’s frustrating, but you shouldn’t be left with those losses if someone else caused the accident.
That’s why you’ll need an attorney on your side. They’ll work with you to make sure your personal injury claim is a success. When that compensation will help you recover and get back on the road, you’ll need to protect it. Fortunately, having an NY lawyer on your side can make that possible.
Punitive Damages Under New York Law
It’s already serious enough to suffer a major injury in New York. However, sometimes the responsible party didn’t just stop at the injury: they intended to cause you harm, and they made you suffer through their malice.
It’s tough to deal with any type of accident, but when the person in question caused you harm on purpose, you need to pursue punitive damages under New York law. These can be very difficult to pursue in New York, but with the right lawyer on your side, you could have a chance at these extra damages.
What Are Punitive Damages?
In most cases, you often go into your case with some idea of the compensation you deserve. You know that you need car repairs, medical bills, or your mental trauma compensated. But, when the other person has been negligent, you may be entitled to other damages.
Punitive damages are different from you compensatory damages because punitive damages aren’t meant to help you. Instead, they’re meant to punish the responsible party for their negligence.
This is to give them further financial consequences, but it also works as a prevention tactic. By setting such serious financial punishments, the courts hope to deter any similar actions by other people and prevent more cases like yours.
Limits to Your Damages
But, these damages aren’t easy to get. New York courts aren’t so willing to apply punitive damages to any case, so you may need to fight for damages beyond the financial and non-financial losses you should be compensated for.
First, New York requires a large amount of evidence that the responsible party wasn’t just negligent. Causing an accident and not intending to is not grounds for punitive damages. Instead, you’ll need to show that they were beyond careless. They’ll have to be dishonest, cruel, or indifferent.
While New York doesn’t have specific damage caps, it can also be difficult to get the full punitive damages you request. These damages are often reduced to be as much or less than the amount of compensatory damages you should receive.
As such, you can expect some difficulty in getting your punitive damages. While New York doesn’t limit the damages you could receive, the bar is set high for getting the damages you deserve.
Getting Justice
After your injuries, you need some compensation for your losses. It’s important to fight back and get what you’re due. But, what if the responsible person meant to cause your or was criminally negligent? In these cases, you may need to pursue further damages.
These aren’t easy to get in New York, and without a lawyer, it can be almost impossible. If they deserve to pay punitive damages, however, seeking these damages is important. Getting punitive damages may be tough, but getting those damages can help prevent more cases like yours.
