December 11, 2022
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 Montana 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.
November 20, 2022
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 Buffalo, NY workers’ compensation lawyer can make a huge difference—a fact that our friends at Hurwitz, Whitcher & Molloy, LLP can vouch for.
November 20, 2022
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.
November 19, 2022
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 Cheyenne, WY car accident lawyer from 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
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 San Fernando Valley, CA 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
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 our car accident lawyer Port St. Lucie, FL 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 8, 2022
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.
September 1, 2022
If you work in construction, then you know how dangerous the jobsite can be. Construction accidents have the potential to completely ruin a life – and they happen frequently. When you’re on the job, you need to be focused, safe, and prepared for anything. Fortunately, a work injury lawyer can help you if you’ve been hurt on site.
As Work Injury Lawyers in New Jersey like our friends at Rispoli & Borneo P.C. can explain, it’s difficult enough to clock in for work when you aren’t injured. However, after a construction accident, chances are you’ll have enough on your plate with your recovery, and clocking in and carrying on with business as usual might not be possible. This is especially stressful if you’ve got financial obligations to pay off: debts, mortgages, rent, utilities… without your paycheck, you could be in trouble.
What Should I Do After My Workplace Accident?
If you’ve been involved in a workplace accident, you may be entitled to workers’ comp. And if you were injured because of negligence, you can count on an experienced work injury lawyer to help you get the money you need to stay afloat after your accident. Read on to learn more about workers’ compensation, work injury lawyers, and how you can avoid financial hot water while you recover from your injuries.
What Does a Work Injury Lawyer Do?
When people get hurt on the job, they need help. While you may assume that workers’ compensation can cover the costs of your medical care and your lost wages, it’s never as easy as it should be. If you’re looking to file a workers’ compensation claim, you can expect tons of paperwork, a wild goose chase of signatures and doctor’s recommendations, and (most insultingly of all) regular payments that fall well short of your expectations.
With the help of a work injury lawyer, you don’t have to deal with all that. A work injury lawyer can walk you through your workers’ comp claim so you know what to expect – and if you decide against filing a claim for workers’ comp and instead want to file a lawsuit for gross negligence, a work injury lawyer can help with that as well.
Why Should I File a Lawsuit?
When you file a workers’ comp claim, you’re waiving your right to take legal action against your employer. If you didn’t file a claim yet, there’s still the possibility of holding your employer accountable for their shoddy safety standards. If you were injured because of your employer’s failure to maintain a safe working environment for you and your coworkers, you and your work injury lawyer can file a lawsuit for an even bigger payout.
How Much Should I Expect to Pay?
The amount you pay your lawyer will depend on his or her hourly rates. Each practice is different, but fortunately it’s standard practice to offer free consultations. You can contact lawyers in your area to see what they offer, and how much you can expect to pay them.
It might be steep, but consider how much you’d lose if you didn’t contact a lawyer at all: Work injuries have the potential to completely change your life, especially if you work in construction. Can you put a price on your health and wellbeing?
When Should I Start?
Now. The more time between your accident and your first call with a lawyer, the more time your injuries have to heal. If you decide to file a lawsuit, your injuries may prove as evidence of a dangerous workplace. And, if you’re just trying to deal with workers’ compensation, you shouldn’t be trying to balance all the paperwork during your recovery.
Reach out to a work injury lawyer today to get started.
August 8, 2022
Truck Accident Lawyer
While it is a good idea for all drivers to avoid distractions, it is especially important for truck drivers. Truckers operate very large and heavy vehicles, so they can cause a lot of damage in an accident. Distracted driving is one of the most common causes of truck accidents.
Here are some common distractions for truck drivers.
Truck drivers rely on dispatching devices to find out their schedules and routes. Although these devices simplify a truck driver’s job, they can be a distraction. Truck drivers have to take their eyes and attention off the road when they send messages through a dispatching device. This can increase the risk of an accident. That is why truck drivers should wait until they stop their vehicle to respond to messages.
Truck drivers have to spend many hours on the road. They may get lonely or bored, so they communicate with their friends and family on a smartphone. Unfortunately, whether they are talking or texting, using a smartphone can increase the risk of an accident. Just like with a dispatching device, truck drivers have to take their eyes and mind off the road when using a smartphone. To prevent accidents, truck drivers should avoid using a smartphone while behind the wheel.
Truck drivers are often on tight schedules and may not have time to sit down and eat a meal. As a result, they may frequently eat their meals while operating their commercial truck. Unfortunately, this forces them to take their hands off the wheel, which can increase the risk of an accident.
When truck drivers are on the road for a long time, they may look at various objects on the road, such as billboards, other vehicles and accidents. This can help them pass the time during their long hours on the road. Unfortunately, it can also divert their eyes and attention off the road, which can cause an accident.
Truck drivers who spend long hours on the road with no one to talk to may get lost in thought. Daydreaming is one of the most common types of distractions for truck drivers and can cause an accident.
July 24, 2022
5 Signs You Need A Personal Injury Lawyer
If you have been injured in some way and want to discover if you have legal options for pursuing compensation for damages, you may be wise to speak with an experienced personal injury lawyer Arlington, VA injury victims turn to at times like this. Call a law firm to discuss your options and learn more about the potential value of your claim.
- You don’t know your legal options
Every case is different, and unless you have the experience and knowledge of a lawyer it may be difficult to determine what your legal options are for pursuing compensation for your damages related to your incident and injuries. You may have options that you don’t even realize, but a personal injury lawyer can explain to you.
- You have legal questions
The legal system and lawsuits are confusing. It may be beneficial to get answers to your questions about your specific circumstances from a qualified lawyer instead of just using google. Although the internet is full of information, it can still be complicated to understand how the laws can be applied to your specific case.
- The insurance company won’t pay
Insurance companies are not your friend, and they will do everything they can so that they do not have to pay you for your injuries. If this is the case, you could benefit from the help of an experienced lawyer who will not be intimidated by the insurance company and knows how to make them pay what they owe.
- Settlement negotiations are taking place
If the insurance company of the other party is wanting to settle this may not be a bad thing for you, and your lawyer can discuss whether or not you are being offered a fair deal. Your lawyer will also represent you for the negotiations and make responses on your behalf and protect your interests so that you don’t get taken advantage of or bullied into taking less than you deserve for the injuries you have suffered and the damages and losses that you have endured.
- Your case is headed for a court trial
If the other party of insurance is refusing to cooperate or pay what you deserve, you may have to head to court for a trial. A lawyer will be your ally and has the skills and experience necessary to represent you and your interests in a court case. Your case will have to be well prepared to have a positive outcome for you, and your lawyer will handle this for you using the legal knowledge to represent the facts to show your need and qualifications for deserving compensation for your injuries.
Call a Law Firm Today
At the Law Offices of Ryan Quinn, PLLC we can discuss your legal case during a confidential consultation to determine the potential options you may have. Contact us today to schedule your consultation and take the first step toward recovering the damages that you have suffered from or lost.