August 15, 2017

Trucks, Trucks, and more Trucks

There seem to be more and more trucks on the highways these days. Whiles that bodes well for the economy, truck traffic does raise concerns about safety. Whether you call them semis, tractor-trailers, 18-wheelers, semi-trucks, or just big trucks, they are a force to reckon with and no one wants to get hit with one. An injury case resulting from a tractor-trailer wreck is not like a case in which two cars collide. Because of the size of trucks they collide with greater force than a normal automobile does. And lawyers need more experience to understand the many government regulations on trucks, truck drivers, and the trucking industry. The government has established many rules and regulations that truck drivers are supposed to follow. Additionally, truck have so-called black box recorders that record the movements of the trucks. The information on the recorders can aid lawyers, attorneys, and investigators in understanding the causes and details of truck accidents.

If you or someone you know is injured in a truck accident, collision or wreck, please call for a free consultation at (864) 834-8111.

August 7, 2017

Court Tools

Have you ever tried to drive a nail with a pair of pliers or screw in a screw with a pocket knife? The right tool makes all the difference. Lawyers use tools to do their jobs too. A lot of the tools that attorneys use are stored in their brains. Trying to represent yourself in court is like trying to build a house with no tools. Call my if you want a fully equipped attorney:  (864) 325-2660.

June 30, 2017

Got Insurance? Got Knowledge?

As a lawyer who has litigated with insurance companies in many cases that revolved around whether there was insurance coverage on a motorized vehicle that was involved in a wreck, I was recently surprised to hear a judge say that, “Either he had insurance or he didn’t.” Granted, this particular judge was presiding over a criminal case in a court that doesn’t deal with civil lawsuits, still she was an experienced lawyer. However, that does bring home the point that not all judges and not all lawyers know about some areas of the law. There is a lot of specialization in the legal world today. Personally, I think it is a mistake to focus on learning more and more about less and less. There is a lot to be said for having a broad base of experience and understanding of the law.
Boost Post

May 6, 2017

Last Will & Testament

To grasp the significance of a Last Will & Testament (Will), you need to understand what happens to your property after you die. Upon your death you no longer “own” anything, but, of course, all the things you owned at the time still exist. The creates an entity called an “estate” that owns all your stuff.

It is useful to think of an estate as a small business.The first procedure that needs to happen after someone passes is for the Probate Court to appoint someone to act as the boss of the small business called the estate. This person was traditionally called the Executor, but now in many states the boss is called the Personal Representative (PR).

The PR doesn’t own the property in the estate, but he or she controls it and is responsible for safeguarding it. Additionally, the PR will have to complete a lot of Probate Court forms. such as an inventory and an accounting. The PR must deal with any bills presented to the estate and may even have to litigate the merits of the creditor’s claim for payment.

One issue that a PR has to resolve is what property belongs in the estate. The deceased may have only been one of two or more owners of a particular item of property. Ownership of an item of personal property that has no written title can be contested. And the deceased may have been the legal titleholder of an automobile or piece of real estate, but someone else may assert equitable title to the property.

Family members often take possession of items in the home of the deceased and the PR may have to take legal action to get possession of them for the estate.

Generally, the PR who is appointed by the Probate Court is the person who is nominated in the Will of the deceased. If no Will is filed with the Probate Court, the closest family member who requests the appointment is chosen.

The estate remains open until the limited time period for submission of creditors’ claims has run and all legal and tax issues have been resolved. The remaining assets in the estate are divided among the heirs of the deceased as set-forth in the Will or as designated by the applicable state laws. The final accounting paperwork and closing forms are completed and filed with the Probate Court and if all is done to the Court’s satisfaction an order is issued by the Court declaring the estate closed.

May 5, 2017

Wrecks

Whenever two or more motorized vehicles collide, there is often damage to at least one of the vehicles and at least one or more of the people who were located inside the vehicles. Some folks call these incidents, automobile accidents, wrecks, collisions, or just accidents. I prefer wreck or collision because the word accident implies that nothing could have been done to prevent the mishap.

Insurance companies want you to believe that many collisions are indeed accidents- that no one was at-fault in causing them. But I disagree. Having practiced law for over 30 years, I have found that someone is negligent in causing the collision in virtually every wreck. The wrongful driver may not admit it, but they made some type of error of judgment which directly caused the wreck