December 11, 2022
Differences Of C Corporation and S Corporation
The path to business ownership can be an exciting one, but certain considerations must be made first, such as what type your business falls under. When forming a business, you must decide what type of entity your business will be. Two common options are C corporations and S corporations. As a commercial litigation lawyer from Silverman Law Office, PLLC explains, the primary difference between a C corporation and an S corporation is how they are taxed.
Before declaring your business as a C or S corporation, it is recommended that business owners receive guidance from a legal team so that their personal interests and business success is protected. In the event of a dispute or litigation, choosing the right business type will be important.
What is a C Corporation?
Generally, a C corporation is the preferred business type if you are planning on selling your company in the future or looking for funding through investors. This is because a C corporation consists of stock. This stock is handed out to shareholders who own the company. Large companies that are publicly traded on the stock market are C corporations. A C corporation is the default type of corporation and requires less paperwork than an S corporation.
The way a C Corporation is taxed is sometimes referred to as Double Taxation because it is taxed both at the entity and shareholder levels. Shareholders pay taxes on salaries, dividends, and bonuses, and the company must also pay taxes on its profits. C corporations may also offer stock to employees as payment, so its employees may be of higher quality.
With a C corporation, charitable contributions and donations can be deducted in full on a corporate tax return as long as the donations don’t exceed 10% of the company’s income. Employees in a C corporation may have certain benefits, such as health insurance, which is deducted from a C corporation’s tax return. C corporations have a capped tax rate of 21%.
What is an S Corporation?
An S corporation is appropriate if you want your business to have limited ownership. While an S corporation can also have stock, it is limited to having no more than 100 shareholders. Additionally, those shareholders may not consist of partnerships, other corporations, or non-resident aliens. An S corporation has tax benefits, however.
Unlike a C corporation, an S corporation is taxed only at the shareholder level and not as an entity. An S corporation does not need to pay taxes on its profits. Instead, its shareholders pay taxes on their personal income. Most of the time, S corporations can deduct up to 20% of their business income on personal tax returns. This means that if you own an S corporation, you may write off business losses on a personal tax return.
There are advantages and disadvantages to owning either a C corporation or an S corporation. If you want to be sure you choose the best type of business, contact a business lawyer who can work with you to choose the one most appropriate for your needs.
December 2, 2022
The Current State of Driver’s Education
Car Accidents
Checks upon the safety of the nation’s motorists begin with the licensing process. Each state crafts its own requirements for driver’s education generally and for what a motorist must do before they will be granted licensure more specifically. When gaps in education occur, all road travelers are at a greater risk of suffering harm than they would otherwise be.
As a result, it is important for all road travelers to understand when – and where – motorists might be less equipped to operate their vehicles safety as a result of deficiencies in a particular state’s approach to “driver’s ed.” Although this knowledge may not allow a motorist to avoid traveling in a state that is less safe, it can empower them to be particularly conscious when operating their own vehicles. As an experienced car accident lawyer – including those who practice at Patterson Bray, PLLC – can confirm, accidents can often be avoided when motorists take care to drive defensively.
What Does Age Matter?
According to the Centers for Disease Control and Prevention, more than 8 million drivers – which equates to nearly four percent of U.S. motor vehicle operators – are under the age of 18. Although gaps in driver’s education can make motorists of any age particularly dangerous, deficiencies in driver-related learning have the potential to affect the nation’s youngest drivers most significantly as a group.
It is now widely understood that teenage drivers are the greatest risk of suffering a catastrophic accident of all motorist age groups. This risk is due, in no small part, to the fact that driver’s education requirements are not nearly as rigorous as they should be. Given that operating a motor vehicle unsafely is an undertaking that has the potential to cost people their lives, deficiencies in driver’s education need to be addressed for the benefit of particularly vulnerable younger drivers and travelers of all ages alike.
What Gaps Exist?
As every state sets its own requirements for driver’s education, it would take pages to explain where every individual’s approaches fall short. With that said, there are two primary areas where some states fall far below many others when it comes to giving drivers the information and experience they require to operate vehicles safely.
First, less than half of all states mandate that new drivers take a formal driver’s education program before they can become eligible for ordinary driving privileges. Some states only require that aspiring motorists pass a test before they can become licensed. In these jurisdictions, the current “state of driver’s education” is that – at least, for many drivers – there is none.
Second, a significant handful of states don’t require that new motorists submit to supervised driving for a period of time, provided that the new driver has participated in a driver’s education program. This is the opposite of the first concern but the potential consequences are the same. When new motorists don’t have to participate in graduated licensing requirements, they are ultimately more at risk of causing a serious collision than they otherwise would be.
November 20, 2022
Reasons Why Your Workers’ Compensation Claim Was Denied
Workers Compensation Lawyer
Following a workplace-related accident, you might be entitled to workers’ compensation. While nothing can reverse an accident or the injuries they cause, workers’ compensation can help you recover. A compensation claim can provide financial compensation for expenses like:
- Medical expenses
- Out-of-pocket expenses
- Travel costs
- Lost wages, job rehabilitation, or disability benefits
- In the case of wrongful death, death benefits paid out to your loved ones
Unfortunately, sometimes a claim can be denied. There are different reasons why your workers’ compensation claim can be denied, which we will now explore.
- Your Injury Wasn’t Reported in Time or Had Errors
In New York, you must report your accident to your employer within 30 days after it occurs. You can lose your benefits if you don’t report it. While you technically have 30 days, it’s best to report it when it happens or when you’re physically able. Minor errors on your paperwork can lead to a denial claim, which is why having an attorney present ensures you accurately fill out your paperwork.
- Your Injury Didn’t Happen In Your Workplace
Most workplace injuries occur while on-site, which are generally qualified for workers’ compensation. However, an injury can happen off-site as long as you perform work. So, for example, if you’re a delivery driver involved in an accident, you may still qualify for compensation even if the accident didn’t happen “on-site. This stipulation may not prevent an employer from trying to claim the injury.
- Your Employer Claims You Were At Fault
You still claim workers’ compensation if you were liable for the accident, but some restrictions do apply. For example:
- You violated safety protocols or guidelines—especially to an egregious extent where there’s the question of whether or not you intentionally violated standards.
- You engaged in “horseplay,” leading to an injury.
- There’s reason to believe you were operating while under the influence.
- Your employer believes you intentionally harmed yourself.
Sometimes, these reasons are applicable, but other times an employer might be trying to find a way to get out of paying workers’ compensation.
- You Have a Preexisting Medical Condition
You may have a preexisting medical condition that either led to or aggravated your injury. Of course, just like claiming you’re at fault, sometimes employers or insurance companies will use this as an excuse to deny coverage. Even if there’s some evidence to show a preexisting medical condition is at play, the opposing party may often exaggerate the situation.
- It’s Simply Hard to Prove the Incident
Unfortunately, some workplace injuries are hard to prove to be applicable. For example, while it’s rather easy to pull up video footage of a worker falling off a ladder, it’s much harder to prove that dangerous chemicals led to a specific medical condition. The bottom line is that employers and insurance companies may look for ways to deny coverage, and they know that it’s much easier without you having legal representation. Hiring a workers’ compensation lawyer can make a huge difference—a fact that our friends at Hurwitz, Whitcher & Molloy, LLP can vouch for.
November 20, 2022
Common Misconceptions About Mesothelioma
Mesothelioma Lawyer
Mesothelioma is a rare type of cancer that results from asbestos exposure. People who have been diagnosed with mesothelioma may be entitled to compensation. However, there are many misunderstandings about the disease that may make them reluctant to pursue damages.
Here are a few common misconceptions about mesothelioma that you should not believe.
Mesothelioma Just Affects the Elderly
It is possible to get diagnosed with mesothelioma at any age. However, the disease is actually more common among the elderly. Mesothelioma can take several decades to form after asbestos exposure, so older people are more likely to get diagnosed with it than their younger counterparts.
Mesothelioma Only Attacks the Lungs
When asbestos gets into the body, it can accumulate not in just the lungs, but also the stomach or heart.
Mesothelioma Is Contagious
Mesothelioma patients may be nervous about spreading the disease to their loved ones. The good news is, however, that mesothelioma is not contagious. People can develop mesothelioma after being exposed to asbestos, but transmit the disease to other people.
Smoking Causes Mesothelioma
As mentioned above, the only known cause of mesothelioma is asbestos exposure. While smoking does not directly cause mesothelioma, it can make your symptoms worse. For example, you might cough even more or have worse chest pain. Therefore, if you’ve been diagnosed with mesothelioma and are a smoker, you may want to consider quitting.
If the Company Is Gone, You Can’t Sue
Unfortunately, some mesothelioma patients believe they can’t pursue compensation if the company where they were exposed to asbestos does not exist anymore. However, even if your company filed bankruptcy, they may still have trust funds to pay claims related to asbestos exposure. An experienced mesothelioma lawyer can help you go after the compensation you deserve.
There Are No Treatments for Mesothelioma
It’s true that mesothelioma is an aggressive disease with no known cure. However, that doesn’t mean the disease can’t be managed. Mesothelioma patients may be able to undergo surgery, chemotherapy or radiation to slow down the progression of the disease.
Mesothelioma Treatment Is Too Costly
Treating mesothelioma certainly is not cheap. However, you may not have to pay for it all on your own. If you were wrongfully exposed to asbestos, you may be able to file a claim against the negligent party. If you win a settlement, it can help you pay for the treatment.
Mesothelioma Can Only Form from Exposure to Large Amounts of Asbestos
Unfortunately, this is another myth. The truth is that being exposed to any amount of asbestos can increase your risk of getting mesothelioma.
Asbestos Is Banned in the United States
Although the dangers of asbestos are more well known now, asbestos still is not completely banned in the United States. Asbestos is still used in common products, like vehicle components and construction materials.
If you have been exposed to mesothelioma, you may want to get in touch with a mesothelioma lawyer from Brown Kiely, LLP.
November 20, 2022
Methods Through Which Car Accidents Occur
Car Accident Lawyer
If you have been in an accident, you may be able to obtain legal assistance with your complex case. There are numerous ways that a car accident can happen, as a lawyer can tell you. Whether the person who caused them did it intentionally or not, there could be legal consequences and they can be liable for the accident. Here are some of the common reasons that many car accidents occur on a regular basis.
Distracted Driving
Whether it’s picking up a phone, fiddling with the GPS, or trying to control children in the backseat, there are many ways a driver can be distracted while driving. Distractions can hinder a driver’s ability to pay attention to the road and maintain proper control of their vehicle. They may not anticipate hazards or brake in time to avoid obstacles on the road if they are too distracted. Drivers are aware of the consequences of distractions, so they are responsible for managing distractions.
Driving Under the Influence
Drunk driving is one of the leading causes of car accidents. In addition to drunk driving, driving while drugged is another common issue that results in many injuries and fatalities as well. As a seasoned car accident attorney even buzzed driving is considered illegal. A driver may underestimate the amount of alcohol they consume, or the effects that certain drugs, both legal and illegal, can have on them. If you have been in an accident and the driver who struck you was under the influence, you can possibly gain a significant amount of compensation.
Street Racing
In neighborhoods, freeways, and streets, an increasingly common issue is street racing. Some drivers love the thrill of driving at fast and dangerous speeds, even if they are in crowded areas like near commercial spaces or on highways. Street racing is incredibly dangerous, especially when younger and less experienced drivers believe that they can keep control of their vehicle. Regardless of the amount of driving experience that someone has, weaving through streets and beating traffic lights is incredibly reckless, and often leads to deadly results.
Failure to Yield
Intersections are places where many car accidents occur. There are many cars and pedestrians going in multiple directions, and there are a lot of traffic signals to watch for. Whether someone is making a turn or crossing a street, yielding to others is essential. Unfortunately, failure to yield to others is a common cause of accidents. Some people are too focused on their phone or they may be in a rush to get to their destination. People are not registering their surroundings or taking the precaution to look in all their directions.
If you fail to provide information as they come, delays can occur and your lawyer may have a hard time moving forward in the claims process. Don’t hesitate to set up an appointment and discuss your car accident case with a lawyer that you can trust and count on to fiercely defend you. They will work to obtain the highest compensation for you. Schedule a consultation with a lawyer now.
November 19, 2022
How To Avoid Distracted Driving
Car Accident Lawyer
Distracted driving is one of the most common causes of car accidents. Whether it is responding to a text message or looking at a GPS, distractions take your attention off the road ahead. To minimize your chances of getting into a crash, it’s important to steer clear of distractions.
Here are some tips to avoid distracted driving.
Put Your Smartphone Out of Reach
It seems like many people are glued to their smartphones these days, even when they are behind the wheel. Unfortunately, using a smartphone while driving can increase the risk of an accident. Whether you are reading a text message or posting something on social media, it can take your eyes and attention off the road. If you think you’ll feel tempted to use your smartphone while driving, consider putting in a glovebox or in the backseat.
Make Adjustments Before You Start Driving
Many drivers adjust their heat/air conditioning, volume on the radio and GPS while they are on the road. This can take their hands off the wheel and eyes off the road. That is why you should make these adjustments before you start driving. Doing so can reduce your chances of getting into an accident.
Eat Before You Leave
If your mornings are busy, you are definitely not alone. Unfortunately, some people do not have time to eat breakfast at home, so they eat on the way to work. Holding onto food as you drive can limit your control of your car, increasing your likelihood of getting into a crash. Try waking up a little earlier so that you can eat breakfast at home.
Don’t Look at Accident Scenes
When drivers pass by an accident on the road, they are often tempted to slow down and look. This is a big mistake. While you should pay attention to hazards on the road, you should avoid staring at another accident too long. Doing so can take your eyes and focus off the road ahead.
Have Limited Conversations with Passengers
If you are driving with passengers, you naturally want to talk to them to make the ride more enjoyable. While it is okay to chit chat here and there, you may want to avoid getting into deep conversations while behind the wheel. If you are discussing a deep subject, you may have more trouble concentrating on driving.
What to Do After a Distracted Driving Accident
Even if you do your part to avoid distractions while behind the wheel, not every driver will. If you were hurt in a car accident caused by a distracted driver, you may want to consult a car accident lawyer — according to our friends at Davis, Johnson & Kallal. You may be entitled to compensation for your medical expenses, lost wages and other losses. A lawyer can help you go after the compensation you deserve and protect your rights. He or she can help you gather evidence and handle negotiations with the at-fault party’s insurance company.
November 8, 2022
Accidentes Frecuentes De Peatones En Vía pública
Si usted, algún familiar o amigo cercano ha sido víctima de un accidente en vía pública no dude en contactar a un abogado experto como el Abogado de accidentes a quien los residentes recomiendan.
El abogado, le ayudará a resolver su caso de forma legal profesional y determinar la compensación que usted merece por los daños causados.
Los accidentes en la vía pública
Los accidentes más comunes en la vía pública de peatones son:
- Caidas y resbalones. Las caídas y resbalones son las causas más comunes de accidentes en la vía pública. Surgen por diferentes situaciones como objetos obstruyendo camino peatonal, líquidos derramados o alimentos en la vía pública, lo que provoca que resbale, tropiece o caiga la víctima. También las caídas se producen cuando una superficie no se encuentra plana, la falta de mantenimiento en la vía pública que hace que la superficie se encuentre porosa o con hoyos que pueden propiciar una caída.
- Golpes. Los golpes en la vía peatonal pueden ser a causa de otro peatón cuando al caminar al lado pasa y golpea con objeto que sostiene o con su mismo hombro o brazo. Otro tipo de golpe es por objeto lanzado de las alturas, esto es frecuente en lugares donde se está construyendo, puede caer material de construcción desde las alturas lo cual es sumamente grave y ocasionar lesiones mayores, por la velocidad e impacto del objeto.
- Atropellamiento. Los peatones pueden ser víctimas de atropellamientos por vehículos automotor o inclusive bicicletas y monopatines. Esto ocurre, ya sea que el peatón no tenga la precaución de seguir señalamientos y semáforos de cruce o los conductores de vehículos no respeten los mismos.
- Mordidas. Los peatones pueden ser vulnerables ante animales agresivos sin supervisión de sus dueños, las mordidas de perros u otra mascota son accidentes que se pueden desencadenar en la vía pública, actualmente la sociedad cada vez es más consciente de la interacción entre personas y animales y permiten que mascotas entren en lugares públicos y privados como restaurantes, si no se tienen las precauciones adecuadas o si los dueños de las mascotas no usan correa pueden presentarse accidentes por mordeduras.
Los peatones en vía pública son los más vulnerables al sufrir un accidente por parte de un conductor o bien por el impacto o golpe de algún objeto ya sea al mismo nivel o de altura, normalmente cuando ocurre algún accidente como de mordedura o resbalón el peatón se encuentra totalmente distraído y las consecuencias pueden ser graves.
Importante acudir con un Abogado en Accidentes
Cuando ocurre un accidente en vía pública puede ser confuso determinar la culpabilidad del hecho, por ello es necesario acudir con un experto en accidentes en vía pública. El abogado le ayudará a resolver su caso de forma legal y precisa y usted podrá obtener la compensación que merece.
No dude en contactar a los expertos de Unidos Legales, la firma de abogados que se caracteriza por su trato personalizado y empatía.
October 15, 2022
Wrong Way Crash In Port St. Lucie Claims A Life
In early September, a wrong-way driver crossed over into the northbound lane with a passenger in tow, and the wrong-way driver collided with several other drivers on the road. One vehicle, a Honda Civic, was able to move out of the way after being sideswiped by the wrong-way driver. However, the driver of the Buick Encore wasn’t as lucky. The negligent driver ultimately collided head-on with the Buick Encore driver; unfortunately, the victim, a 71-year-old man, suffered fatal injuries as a result. The driver responsible and their passenger sustained non life-threatening injuries from the crash.
As a car accident lawyer victims depend on from Tuttle Law, P.A. can share, wrong-way driving is one of the most common and dangerous forms of reckless driving. Although the crash is still under investigation, the wrong-way driver responsible for the collision may face significant penalties if charged. Car accidents resulting in a fatality can take on a wrongful death claim as the family may be able to pursue damages for the losses experienced.
Penalties for Reckless Driving
Those who fall victim to reckless driving will likely gain peace of mind in knowing that the responsible party can face significant penalties if convicted of reckless driving. When someone is harmed due to another party’s wanton disregard for their duty of care, they may be charged with reckless driving. The consequences for the defendant can vary depending upon whether this is their first, second, or third conviction. Reckless driving may result in hefty fines, jail time, and a first-degree misdemeanor on the driver’s record. However, it’s important to note that the defendant may face more significant consequences in situations involving reckless driving where someone has been killed. They may be charged with Vehicular Homicide, a felony that results in fines of $10,000 and up to fifteen years in prison.
Pursuing Wrongful Death Action
While there is nothing that can change the events that transpired when a loved one has passed away, families do have the ability to take legal action against the party responsible. While families can participate in this process, they must be able to prove that they were dependent on the person who passed away. However, be aware that the suit will move forward when the appointed executor from the descendent’s estate or will is the party who may file the civil lawsuit against the responsible party. To initiate the process, it’s important not to hesitate because there is a limited timeframe to take legal action. When a lawyer reviews the specifics of the case, they will begin to value the case and determine the damages that have resulted, which may include:
- Economic Damages
- Medical Expenses
- Burial Costs
- Lost Wages
- Lost Future Wages
- Lost Benefits
- Non-Economic Damages
- Pain and Suffering
- Loss of Companionship
- Loss of Guidance
- Loss of Enjoyment of Life
Nothing can bring back a loved one, and the thought of quantifying the loss of a person may be intensely emotional and challenging. However, determining damages and assigning value is a way to ensure that the victim’s family can receive the compensation they deserve for what they have lost. While choosing legal action is a deeply personal decision that may take time to reach, it’s essential not to delay in moving forward with the process.
September 28, 2022
Gummy Smile Treatment
Personal Injury Lawyers
Botox injections have long been known as a way to reduce wrinkles and fine lines on the face, but did you know it can also be used for treating a gummy smile? Botox is an FDA-approved injectable that temporarily relaxes the muscles around your mouth, which in turn reduces the amount of gum tissue visible when you smile. It’s considered a safe and effective way to improve your smile with minimal discomfort.
Before getting any kind of gummy smile treatment, it’s important to identify the underlying cause. Sometimes the issue is due to misaligned teeth or an overgrowth of jawbone; if so, braces or surgery may be necessary to correct it. However, if your dentist determines that the problem is simply too much muscle activity around your mouth, Botox injections could be just what you need. It is also important to note that a gummy smile can be a symptom of an injury suffered previously, as personal injury lawyers are familiar with. It is possible to seek compensation from those who were negligent and caused your accident so that you are able to receive treatments in order to fix the damage done.
The procedure itself is relatively easy—it takes less than thirty minutes and requires no recovery time afterwards. The effects of a single injection usually last anywhere from three to four months, and sometimes longer depending on how quickly your body breaks down the toxin. You’ll start noticing improvement after seven days or so as your muscles gradually become more relaxed.
Another benefit of Botox injections for gummy smiles is that they’re non-invasive and don’t require any cutting or reshaping of gum tissue like other treatments do. This makes them suitable for people who are not comfortable with more intensive level procedures like surgery. And since Botox only dulls the activity of facial muscles rather than completely disabling them, there should be no impact on speech or eating ability either!
Like any medical procedure, there are potential risks associated with Botox injections, including pain, swelling, bruising, and infection. However, if performed by a qualified and experienced healthcare professional, Botox injections for a gummy smile are generally considered safe.
It is important to note that Botox injections for a gummy smile should only be performed by a licensed medical professional who has extensive training and experience in administering this treatment. You should also discuss any concerns or potential side effects with your healthcare provider before undergoing the procedure.
Overall, Botox injections are an effective and safe way to reduce a gummy smile with minimal downtime required afterwards. But as always, make sure you consult with your dentist beforehand to discuss all available options and decide which one would work best in your individual case before proceeding!
If you are interested in botox for a gummy smile, find a healthcare professional in your area that specializes in botox treatments and dental care in order to provide the best services — contact them immediately for help to get started!
September 8, 2022
What Accidents Are Categorized Under Personal Injury Law?
Personal injury is a broad field of law that entails various kinds of injury accidents. Whenever there is a situation where someone was reckless or negligent and another was harmed, it warrants a further investigation. Lawyers are professionals who understand law, and can advise a client further on what to do next. Examples of personal injury accidents a lawyer from Yearin Law Office represents include but are not limited to car accidents, medical malpractice, truck accidents, workplace accidents, wrongful death, birth injury, bike accidents, premises liability, defective products, and more.
What should I do after a car accident?
Vehicle collisions are among the most prevalent types of personal injury accidents. In the moments after a car accident, assuming you were not critically injured, it will have been important to exchange information with the other driver and gather evidence at the scene. Take pictures of vehicle damage, bodily injury, debri in the road, broken glass, and other factors of the accident. Those who suspect that the other driver was at least partially responsible for the crash is advised to consider getting legal help right away.
What are the elements of medical malpractice?
Medical malpractice happens when a doctor or other medical professional causes harm to a patient. An unwanted medical diagnosis or outcome does not automatically mean that medical malpractice happened. There are certain elements that must be true in order to have grounds for a lawsuit. For instance, it must be proven that the doctor owed a duty of care to the patient, the doctor breached this duty, the patient suffered because of the breach, and quantifiable damages resulted.
Can pedestrians bring forward a lawsuit?
Pedestrians may get hit by a car while going for a walk, riding a bike, using an electric scooter, or something else. Victims of pedestrian accidents may want to bring forward a personal injury lawsuit against the driver who hit them for damages relating to injury care, earning loss, disability, property damage, pain and suffering, and more. In most cases, it was the car driver who was being careless when the pedestrian accident happened. Pedestrians do have a right of way and car drivers who don’t watch out for them may cause a tragic accident to occur.
How can someone know how much their case is worth?
The only way to know for sure whether you have grounds for a lawsuit and if you are eligible for compensation is by meeting with a lawyer experienced in personal injury law specifically. A personal injury lawyer Scottsdale AZ residents rely on from Yearin Law Office can review medical documentation, how much you lost from missing work, the costs for repairing or replacing property, and other ways you were affected. After gathering the information they need, your lawyer will calculate a potential monetary award to fight for so that your current and future expenses are covered.
Everyday people become victims in personal injury accidents, and they may not even know it. By understanding more about what accidents are categorized under personal injury law, victims can take action and seek compensation for all they have been through from the party responsible.