What are some problems caused by workers not checking their pay statements in Texas?

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Odessa, TX – A worker’s paycheck or pay stub contains important information about their total hours worked, pay rate, deductions, and taxes. Other additional types of info may also be included depending on the specific employer in question and the worker’s status. However, many workers never bother to review these documents due to the convenience of direct deposit and other automated forms of pay. These programs are prone to computer software errors and other problems that can cause wages to be lost if they are not checked regularly. Some unsavory employers may even be counting on the fact that workers will not look at their statements to engage in wage theft. 

Issues when there are no physical copies of pay statements

When a worker only receives some kind of digital copy or a computer program that allows them to check their pay, this may be better for the environment because of less paper but it often causes other issues. Workers could miss an entire paycheck and not even notice if they are not in the habit of checking their pay statements regularly. 

Access and security issues

Workers will often have the task of logging into a computer system with some kind of username and password. There are technical issues created by this method of issuing pay statements, and some companies may even need to hire additional personnel with information technology backgrounds to manage these systems. If a worker temporarily loses access or forgets their password, they may not end up seeing or checking their pay for an extended period of time. 

Illegal deductions

All workers have to deal with issues related to tax, social security, and any legitimate benefits that come out of their pay. However, some employers illegally deduct work expenses and other items from a paycheck. If the employee is not careful and regularly checking their statements, these deductions can go unnoticed for long periods of time. 

Remedies for improper pay and deductions

When a worker has not been paid properly, they can take legal action to try to correct the situation. A lawsuit for unpaid wages and wage theft will often result in the back pay being issued to the worker, along with interest late payment. The workplace may be liable for various fines or damages if they are investigated and found to be engaged in any kind of foul play. 

Employment law firms in Odessa

Moore and Associates is an experienced group of labor law attorneys who assist workers in the Odessa area. Consulting with the firm is the best way for individuals who are having problems with their employer to decide if a lawsuit or other actions are necessary. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

Why are truck accident insurance claims and legal actions so complex in Midland Texas?

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Texas – April 1, 2021

Truck accident attorneys in Texas can assist with insurance claims after an accident results in property damage, physical injury, or death.  The cases are often more complex because of the catastrophic damages involved and the multiple parties that can be held responsible.  If legal action is initiated, multiple facets will be considered when building a strong case for negligence against responsible parties.   A truck accident attorney can guide a case through the insurance settlement process, or to a court action when negligence is suspected.

Complexities.

The complexities arising out of a tractor trailer crash include:

  • Suing multiple parties, and dealing with multiple insurance carriers after an accident. Negligence may be proven against other parties besides the truck driver in some instances.  The other parties may include the trucking company, freight owner, cargo loading agents, freight inspectors, and/or truck maintenance companies.  A truck accident attorney can identify all parties to an action after a case consultation, and a review of the damages.
  • Federal carrier overarching laws, and state laws may provide for increased accident victim protections because carriers have certain responsibilities in accordance with those laws. Important factors in fault determination such as drivers’ hours restrictions, cargo loads and weights, truck size and routes and other case specific driver safety regulations will reveal possible trucking company violations.
  • In addition to police and insurance accident investigations and reporting, the Department of Transportation may want to access the big rig equipped Event Data Recorder, similar to an airplanes black box. It stores information regarding sudden stops, hard braking, and speed at the time of an accident, as well as keeping a record of the average speed a driver maintains over a specific period of time on the road.

Truck accident insurance. 

Texas is a “fault state” and parties found to be responsible for a truck accident will have to compensate the other party involved in the accident. The State Law utilizes the 51% rule, allowing an injured person the ability to collect damages if they are up to 50% responsible for an accident, but if an individual is more than 51% responsible for the accident, there will be no recoverable compensation.   A lawyer has the experience to guide victims of truck accidents toward damage compensation.

Texas and the Federal Motor Carrier Safety Administration have specific insurance requirements for tractor trailer trucks that impact insurance claims. Truck accident attorneys in Midland Texas can assist when a truck is over the regulation sizes, supporting a higher settlement for catastrophic damages in a legal claim.

Filing time limitations.

There is a 180 day period to file a notice against a government entity regarding tort claims. There is a maximum amount that accident victims may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. A truck accident attorney can inform a claimant of any deviations from that timeline and caps on recoverable damages.

Seek legal counsel.

Experienced Texas attorneys can offer truck accident victims, and their families, competent legal counsel with valuable resources to support a case.  Skilled attorneys at the Cooper Law Firm can file a legal action for damages, or insurance benefits when property damage, physical injury, or death are caused in a truck accident.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

 

Sources.

https://www.fmcsa.dot.gov/

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

https://www.dps.texas.gov/InternetForms/Forms/MCS-9.pdf

What are the components of a personal injury lawsuit in Louisiana?

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Baton Rouge, LA – When people think of personal injury lawsuits after an accident, there may be some confusion regarding what a lawsuit actually entails and how the victim gets paid. Anyone who is considering a lawsuit after an accident should realize that there are a few crucial components to these kinds of cases that must be established, otherwise the victim cannot collect any money at all. Their attorney’s job is to ensure that all elements of the case are shown through the evidence and legal argument. 

Proving liability

A plaintiff can only collect from the person or business they are suing if they can meet the burden of proof to show the defendant was actually responsible for their losses. This is done with the help of evidence and argument from the plaintiff’s lawyer, however the proof needs to be present in some form. In a negligence case, liability generally comes from a breach of the standard duty of care that is relevant to the incident in question. This is shown through reckless behavior, violations of laws or regulations, or even a simple mistake that resulted in serious consequences. 

Losses or damages

There can only be a lawsuit if the victim has to deal with some kind of tangible, real loss after the defendant’s mistake. A mere potential for loss or prospect of harm will result in the case getting dismissed due to no injury in fact. Damages are also important because they dictate the monetary value of the lawsuit. Someone who has lost wages, medical bills, and trauma associated with an accident may be able to collect larger amounts if their injuries are serious. The reason many forms of insurance exist is to protect the person from this kind of financial liability through lawsuits. 

The initial pleading

An important part of the personal injury case is the initial documentation that is filed to start a negligence action. This can include a summary of the facts related to the accident, legal argument as to why the defendant is at fault, and the listing on damages. The defendant responds to these allegations, and the discovery process to exchange evidence and information can start after both parties have notice of the lawsuit. Most cases will settle after a certain amount of information has been passed back and forth and it is clear that liability can be shown if the case went to trial.

Injury lawsuits in Baton Rouge

Miller, Hampton, and Hilgendorf are attorneys who dedicate their time to accident lawsuits in the Baton Rouge area. Anyone who needs help with the process of filing a lawsuit and in court representation can schedule a meeting with the firm. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

How do community property laws affect a divorce in Arizona?

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Yuma, AZ – Arizona’s divorce laws include community property provisions, which creates some crucial issues during divorces in the state. In many divorce cases, property division can be the most time consuming and frustrating aspect of a separation. However, community property laws can make this phase of the divorce even more challenging, as spouses essentially have to find a way to equally divide or share almost everything they own.  

The definition of community property in Arizona

The term community property means that anything that was purchased or obtained during the marriage is considered to be owned equally, regardless of which spouse specifically bought it or has the legal title. This can make dividing assets after a separation slightly more complex, as spouses will generally have to find a way to share everything down the middle. There are generally only exceptions for certain types of gifts or items that were inherited from family members. 

Types of items that are community property

There are a few common things that are almost always considered community property during a divorce case. These include cars and vehicles, credit card debt, student loan debts, real property and homes, bank accounts, investment accounts, and even retirement accounts. 

Dividing community property during a divorce case

Family courts are given general guidance that community property should be divided fairly and equitably. This phrase is somewhat vague, but the judge assigned to the case usually tries to get as close to an equal or fifty percent division as possible. In cases where a piece of property such as a car or house cannot be divided between the two, the court will order the couple to sell it and divide the profits. The property must receive an appraisal or similar evaluation to determine a fair market value. 

Settlements and minimizing court involvement

One way that this process can be bypassed is for the spouses to come up with their own marital settlement agreement. This is ideal because it means less time and money in court, and generally also includes less conflict between the spouses. The couple can draft a contract that dictates exactly who gets ownership or certain property and assets. The court assigned to the case will review the document and sign off on it without requiring any further dispute or issues related to those items listed in the agreement. Legal help should be obtained when making these agreements, as they also must address complex issues such as taxation and indemnity. 

Family lawyers in Arizona

Schneider and Onofry is a firm that handles various problems for families in Yuma, Arizona. Divorces, child custody hearings, support payments for spouses and children, and various other family law issues can require the assistance of a licensed attorney. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

A brief overview of what to do after an accident in Charleston

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Charleston, SC – From the moment a car accident happens, the driver needs to take certain steps to preserve their rights and ability to be compensated fully. It is important for drivers to follow rules for dealing with an accident closely, as there may be insurance consequences or even criminal charges for certain behaviors if the driver is not careful. 

Making contact with others involved

Even if it appears that an accident is very minor, the driver should not leave immediately and make contact with the other drivers. Leaving the scene of an accident is a crime. All drivers should exchange information at the scene, and contact the police or local emergency services if it appears that there is any kind of significant property damage or injuries to the people involved. 

Law enforcement and the accident report

If the police do arrive, the driver should make contact with them and see if there are any questions that need to be answered. Giving an account of what happened can be crucial to the process to generate an accurate report. This documentation can become one of the most important pieces of evidence if it is necessary for the drivers to appear in court or file insurance claims at a later time. Officers with knowledge of traffic laws and road conditions can summarize what happened in their report and give an opinion regarding the cause of the crash. 

Contacting insurance companies

Drivers are required by the terms of their auto insurance policy to report the accident as well. This should be done as soon as realistically possible after the area is secured and the driver is safe. Reporting the crash will help create a formal claim and the driver may receive compensation from their provider depending on the specifics of the accident. 

Getting representation from an attorney

Unfortunately, some drivers are left with large costs that may not be covered by the relevant auto insurance policy. It is a good idea for people in this situation to contact a local lawyer and explain their problems. In most cases, a lawsuit against the person or business responsible for the crash is the best way to try to get payments for these costs. The defendant may have to pay out through their insurance, or they may be personally liable for any injuries or property damage that they caused. 

Meeting with an attorney after an accident in South Carolina

The Clekis Law Firm is available to assist accident victims in the Charleston area with various legal matters. Contacting the firm to schedule a consultation is the best way for people dealing with the aftermath of a car crash to get started. 

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]

843-900-0000

clekis.com

What are the costs associated with being hit by a drunk driver in Florida?

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Boca Raton, FL – When someone is charged with drunk driving, they may have to pay thousands of dollars for fines, court costs, and legal representation. The suspect may also be ordered by a court to attend treatment for drug and alcohol abuse at their own expense. 

However, if they cause an accident, the person they hit may have even larger expenses for vehicle repairs, medical treatment, lost wages and income, and other losses. The costs for a victim of a drunk driver can be very large, and they may need to resort to the legal process to get help with their personal costs even when the driver is charged criminally. 

Damage totals

Various studies have been conducted which reference data that shows drunk driving costs Americans billions of dollars each year. These costs come from a number of different sources. 

A drunk driver typically causes lots of damage when they lose control of their vehicle. Obstacles near the roadside whether they are street signs, enclosures, other cars, or even homes and residential or commercial buildings are regularly damaged by reckless or drunk drivers during an accident. 

Medical costs can also run into thousands or millions of dollars over time if the victim is seriously hurt. 

Insurance increases

Drunk drivers will be penalized on their personal insurance policies, but auto insurance costs also increase for everyone because of drunk drivers. Insurance companies have to factor in the overall risk of being on the roads, and drunk driving is a high risk behavior that comes with a high price tag. All drivers end up paying for drunk driving accidents to a certain degree. 

Retaining a lawyer

Legal help is usually the best way for victims of drunk drivers to get assistance paying for their bills. Personal injury lawsuits can ask for an amount that reflects the total losses associated with the crash. This may be necessary even if there is relevant insurance coverage, as many severe accidents are not entirely covered by an insurance claim. A criminal case brought by the government is for the purposes of punishing the person responsible, rather than paying the victim. While it is possible that there is court ordered restitution for the victim as part of a criminal sentence, these amounts tend to be too small or difficult to collect to make much of a difference. 

Injury lawyers in Florida

Rosenberg Injury Law assists people in Boca Raton, Florida with their accident lawsuits and the process to receive compensation for their injuries. Anyone who needs help from a licensed attorney can call the firm to arrange a meeting and discuss their issues. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

What kinds of problems can emerge during the auto insurance claim process in Louisiana?

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Baton Rouge, LA – Insurance policies can be confusing, because companies will only cover very specific types of losses included in the policy. That means if a person gets into an accident, their losses may only be partially covered or not covered at all depending on the damage and what kind of insurance they paid for. Due to the complexities of dealing with various problems caused by a car accident and the insurance process, legal advice should be obtained by anyone who is having issues. 

Insufficient coverage

Most standard liability policies cover between ten and twenty five thousand dollars worth of damage to property or for bodily injuries for an accident. It is certainly possible that a driver is involved in an accident that ends up being much more costly for a variety of reasons. However, the insurance provider will only pay out the amount given in the policy, and nothing more. 

Claim denials 

Some insurance companies simply deny claims, even if it appears that the damage in question should be covered. At times, this is an honest mistake that can be corrected, other times the companies are too heavy handed in their fraud prevention measures, which causes legitimate claims to be rejected. Review by a lawyer is usually the best option in this situation. 

Particular damage is not covered

A driver is only required to carry basic liability insurance. There may also be cases where the car needs to have collision insurance if it is financed by a bank or loan. This situation leaves the possibility that anything from theft, to severe weather or pest damage will not be covered unless the driver has purchased an additional comprehensive coverage policy. Due to the increased costs and low likelihood of this kind of damage, many drivers choose to not pay for comprehensive coverage or similar insurance policies that can start to become expensive without offering a return. 

When it may be best to not file a claim

If there is an accident with very minimal damage and no injuries that required medical treatment, it may be best to move on. The insurance company will usually try to recover any money that they have paid out through increased rates. This means that a claim that gives a driver a few hundred dollars could end up costing them much more in higher insurance costs over the next few years. 

Help from auto accident attorneys in Louisiana

Miller, Hampton, and Hilgendorf are experienced lawyers who handle all aspects of car accident lawsuits. Anyone who needs help with receiving compensation after their collision can contact the firm to learn more about insurance and related issues. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

How is overtime pay handled in Texas?

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Midland, TX – Many different types of workers are eligible to receive overtime pay for working in excess of forty hours per week. The standard pay rate for overtime is one and one half times the employee’s standard rate. However, this can be a large expense for workplaces who have workers that routinely work long hours. Because of this problem, there is potential for abuse by employers who are looking to save money even though wage theft is illegal. Legal assistance is recommended for anyone who is experiencing issues or disputes due to their overtime pay.  

The definition of a work week

The concept of a week is important because overtime applies once the worker has logged more than forty hours in a week. However, there needs to be consistency in the definition of a week for employees to be paid accurately. 

The law allows for some small variability in how a week is classified depending on the particular employer and the days the employee works. However, the Texas Payday Law says that a week must include seven consecutive days. This means that a week does not need to start and end on a weekend, but it cannot be stretched out to include more than seven days, which would possibly eliminate some overtime hours. Any worker who has questions about how their workplace defines a week can ask their employer and ensure that there is compliance with the seven day period. The worker should also check their pay statements to ensure that there is no missing overtime if they have worked in excess of forty hours in that seven day period.  

The Fair Labor Standards Act

Texas chooses to follow federal regulations set out in the Fair Labor Standards Act for many issues related to pay. This means that wage laws in Texas tend to follow federal guidelines, with few differences. This includes rules for minimum wage, overtime, and paid time off or comp time. However, there are various exceptions that should be researched depending on the employee’s line of work. For example, certain seasonal and agricultural workers or professionals are generally not entitled to overtime under the FLSA. 

Different methods of calculating overtime

The Texas Workforce Commission allows for certain workers with irregular hours to have their overtime calculated in different ways. This can include dividing the worker’s salary by forty, then giving additional pay for the excess time worked. Anyone who needs specific help with determining how their employer uses this process should contact their payroll or human resources department, and retain a lawyer if necessary. 

Help from a local firm in Midland

Moore and Associates is a firm that handles unpaid wages and other labor issues in the Midland area. Potential clients can schedule a meeting to discuss their situation with a local attorney and determine whether a lawsuit is necessary. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How can a couple in New York make an agreement for an uncontested divorce?

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Brooklyn, NY – One of the best ways for a couple living in New York to end their marriage while saving time and money is to agree to most of the crucial matters regarding their divorce. This is called an uncontested divorce, and it means that the couple will not have to spend much time in court or in various forms of mediation because they have already decided on most of the large issues related to their separation. Courts in New York will allow these couples to file their agreement and end their marriage with relative ease as long as they meet some other requirements. 

Who can get an uncontested divorce?

Many couples who have decided to separate, meet the state’s residency requirements, and can come to terms on certain issues related to property division, alimony, and support payments can create a contract and end their marriage quickly. The process becomes slightly more complicated if there are minor children involved, but couples with children are still eligible for an uncontested divorce. Both child custody plans and support payment issues can be listed in the document. 

The New York Courts official website contains more information about this process and the required paperwork. It is recommended that any couple fills out these documents with professional legal help. 

What is included in the agreement? 

The formal documentation package for an uncontested divorce contains notices, summons, and orders that are included along with the filing of the agreement. These all need to be brought to a county clerk when completed. 

The agreement itself needs to cover all of the important aspects of a divorce case. There needs to be separate sections that list out property issues, children and child support issues, custody agreements, and spousal support if applicable. Individual couples may have certain other issues that need to be written into the documents depending on their personal situation. 

Reasons for ending the marriage

Marriages that are terminated through the process of a separation agreement are generally considered no fault divorces. This means that the couple can divorce for any reason, and there only needs to be a sentiment that the marriage has broken down and has no prospect of being fixed. With a no fault divorce, there does not need to be any specific allegations of adultery, abandonment, imprisonment, mental incapacity, or the traditional fault based grounds that are available in New York. 

Divorce lawyers in Brooklyn

Elliot Green Law Offices assists people in Brooklyn and other nearby parts of New York with their divorces and family law issues. Any person who is going through these issues can contact the firm to get professional advice and representation throughout their case. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

What happens when a defective vehicle causes an accident in Iowa City?

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Iowa City, IA – There are occasionally problems with cars that can become very serious if there is a sudden malfunction or defective parts that cause issues while a person is driving. From a legal standpoint, the companies that are involved with the manufacturing process can be liable, and they may issue a recall to prevent similar incidents from happening again. Anyone who was injured due to their mistakes or an improper design can file a products liability lawsuit. These are similar to other types of personal injury cases, but there are some important differences. 

Products liability law

As a general rule, companies that produce various kinds of products and release them into the stream of commerce are responsible for them to function as intended without causing injuries. In most cases, the business will be considered to either be strictly liable for not ensuring that their products were safe before releasing them, but the business may also be sued under a negligence theory. Because of this potential for losses, major car manufacturers routinely issue recalls as soon as problems are discovered to prevent additional accidents, injuries, and lawsuits.  

Types of defects

There are a few general types of problems recognized in products liability lawsuits. A defective design is when a product was created and designed in a manner that will cause problems such as injury or death, even when used for its intended purposes. This is because the company that created and designed the product did not conduct enough safety testing or other forms of research that would have discovered the problem before consumers were harmed. 

A manufacturing defect is due to some kind of mistake with one item or unit that caused it to be released in an unsafe condition. At times, there may be various companies in the manufacturing process of chain of custody that can be liable for their role in overlooking the problem. 

Damages for victims

As in other kinds of civil lawsuits, the victim can be compensated for any losses that are directly tied to the defective product and the negligence of the manufacturer. Damages generally include things like the costs of property repairs, medical treatment, lost wages, and non-economic losses tied to pain and suffering. If there are also projected future losses due to the victim’s inability to work or needs for additional healthcare, these become part of damages as well. 

Assistance from local personal injury firms

Eells and Tronvold Law Offices is a trusted firm that focuses on accident lawsuits in the Iowa City area. When someone needs help from a local attorney, the firm is available to schedule a meeting and discuss the process of representation.  

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com