Should I Accept the Insurer’s First Settlement Offer?

 

Personal injury can be stressful and traumatic. In fact, it can turn your life upside down if the injuries are life-threatening or make you disabled. It could cost your life, and being the victim of an accident is high, and medical bills, lost wages, and vehicle repairs can all take a toll on your finances and family.

 If you have been in car accident, probably you would have filed a personal injury claim. Once you do that, you’ll be dealing with the insurance companies, and in many cases, insurers are quick to offer a settlement. Although it might be tempting to accept the offer without the legal assistance of a personal injury attorney in Belen, remember, you’re not receiving the amount that you truly deserve.

So, it’s not a good idea to accept your insurer’s first offer, because:-

It’s a Low Offer

If the claim is in your favor, the insurance adjuster will always try to pay out as little as possible. Not only this will devalue your personal injury claim, but the insurer will offer you less than what it is worth. The first offer is always low and requires negotiation. That’s why it’s a good idea to get the assistance of car accident lawyers in Belen as they know how to negotiate and claim that settlement you truly deserve.

The Insurer Doesn’t Care About You

You’re not in the best interests of insurance companies. They work for their company and try to save company’s fund, and don’t consider your priorities and sufferings. Always be mindful about what you say to the insurance adjuster and never accept the offer without speaking to a personal injury lawyer.

You’ll Get More

Based on the losses incurred by a car accident, you’ll probably get more. Insurance companies will negotiate and try to settle out rather than go through litigation. Hence, the insurer will try to provide a better offer during the negotiation.

The Offer Isn’t Worth Your Sufferings

The offer from the insurance company should be more than the cost of your medical bills, missed wages, property damage, and other expense. Even if you receive a fair settlement, remember, you’re entitled to compensation for the pain and sufferings you’ve gone through.

Hire an Experienced Legal Attorney to Handle Your Claim

If you sustained injuries in a car accident, you’d need the assistance of a lawyer. A lawyer knows and can provide tailored solutions to help you receive the compensation you truly deserve.

So, it’s not advisable to take the offer unless the amount quoted can cover your medical bills, vehicle repairs, loss of pay, and other losses incurred by a car accident.

For further queries or to set up a consultation, please call our personal injury law firm Belen nm. 

Is Drink Driving a Criminal Offence in NSW?

 

As the holiday season approaches, many of us will be out enjoying festivities and having a drink or two. We all understand that drink driving is dangerous, but we are also all capable of mistakes. To help you understand the legal side of drink driving in NSW, we’ve answered the common questions – such as what classifies as drink driving and will it appear on your criminal record?

What classifies as drink driving in NSW?

In NSW, and across Australia, drivers must have a blood alcohol concentration (BAC) of less than 0.05 to be considered legal to drive. There are different penalties depending on the level of your BAC reading and, in some cases, the type of driver you are. The NSW levels are:

• Low: 0.05-0.079
• Mid: 0.08-0.149
• High: 0.15 and above

If you are a novice driver (on L or P-plates) you must have a zero BAC reading. If you are a specialist driver (taxis, buses, heavy vehicles) your reading levels start at 0.02 rather than 0.05. Another factor which can increase penalties is if this is your first offence or not. The most common penalties are fines ($1,000-$3,000+) and loss of license (from 3 months up to 3 years). With a mid-high BAC reading or for repeat offences, you may be given an interlock order. An interlock is a breath testing device fitted to your vehicle which prevents your car from functioning if alcohol is detected.

Do drink driving offences appear on your criminal record?

Your criminal record is a list of offences of which you have been found guilty or pleaded guilty in court. Even if you are found not guilty, the offence will be recorded on your criminal history. Your criminal record appears as part of police and background checks whereas your criminal history is mostly applicable to bail applications.

If you are required to attend court for a drink driving offence, there is a chance it will go on your criminal record. If you have been charged with a drink driving offence, it is recommended to consult with professional drink driving lawyers who can advise on your situation.

Can your criminal record be cleared?

After 10 crime free years as an adult, a conviction may become spent – meaning it is removed from a criminal record. For police or background checks you will be considered to have a ‘clean record’ once again, unless other offences are still existing. You cannot remove offences from your criminal history.

Contact our drink driving lawyers for professional legal advice

Your best chance for success in court is with Powerhouse Law. We represent clients for drink driving offences at all courts in NSW from Parramatta to Penrith, Blacktown, Campbelltown and more. For 24/7 legal assistance call 1800 100 529 or arrange a consultation with our online form.

Strong Reasons to Hire a Personal Injury Attorney after a Car Accident

 

Do you or your loved one hurt in an accident caused by another's recklessness? You may be entitled to compensation through a Belen personal injury claim! For this, hiring a lawyer is the smart way. In fact, a lawyer can be a valuable asset during this stressful time. But, some people try to settle these claims on their own to avoid paying the lawyer and finally end up causing trouble. So, if you've been hurt or injured by another person, company, or driver, seek compensation for your medical bills and other related expenses. It is essential to hire a professional personal injury attorney in Belen. Here we have listed the strong reasons why you should hire an attorney after a car accident.

Reason 1: Personal Injury Attorneys Will have Enough Knowledge about Your case Claim.

The personal injury attorney will be updated with the law and claiming process. This will be helpful with claim money from the insurance companies. That makes the insurance companies more likely to reach a fair deal with you in a timely way.

Reason 2: They Will Prevent Errors

A skilled car accident lawyer in Belen has the ability to protect you from errors. This will help your case is not over before it has even begun. As you know, personal injury claims can be compromised by small mistakes, such as accidentally saying something that could be used against you, missing deadlines, and more. No matter how we check, it doesn't meet the level of a professional touch. So, hiring a professional and experienced lawyer here is a smart move.

Reason 3: The Personal Injury Attorney in Belen Can Level The Playing Field:

A skilled personal injury attorney knows all of the strategies of Insurance companies (To limit or deny the amount of compensation you may receive, insurance claims adjusters are trained in tactics) and can help ensure that you are not manipulated into getting less than what you deserve.

Reason 4: The Car Accident Lawyers in Belen Can Handle the Details

You can focus on healing by hiring one of the best car accident lawyers in Belen. The lawyer you hire will know what it takes to build a solid claim and can do all of the legwork, and they will do the needful from your side. Also, it will be hard for gathering the relevant information by yourself. Your lawyer will do it for you and gather strong evidence like eyewitness statements, photographs, accident reports, medical records, and more.

Conclusion

So, met with an accident? Looking for the best personal injury law firm Belen nm to hire an experience personal injury attorney? Look no further than The Lucero Law Office.

Why Should You Establish a Trust for Estate Planning? 4 Reasons

One of the most common questions that lawyers get asked is whether a trust is necessary or not. Just in case you didn't know, a living trust gives more control over your assets in the event of incapacitation or death. This means you will have more control or power over how your assets are distributed amongst children or your preferred beneficiaries. There are also other important reasons as to why creating a trust makes sense. Reputable estate planning lawyers in Perth list out the following benefits:

Avoid probate:

Probate is a court-led process, which is complex and time consuming. During the probate process, the court will be examining all the provisions and assets included in the will. There will also be a waiting period, during which the beneficiaries will have no access to any of the funds or properties in the estate. When you have a living trust, you can avoid probate. Your family members don't have to go through the hurdles of this process, thus letting them save their time and money.

Incapacitation:

Another benefit of having a trust is that it can be imposed when you are incapacitated. During such circumstances, a trustee will control your assets and manage them just the way you wanted. 

According to the estate planning lawyers in Perth, your trust should specify in detail how your assets must be taken care of when you are incapacitated, and what needs to be done after your death. However, this is not the same as a power of attorney. Married couples can also establish a trust in order to set aside assets for the surviving spouse.

Protect Your Assets:

Having a trust will secure your property from creditors or lawsuits. If a beneficiary of your assets has a lawsuit filed against them, your trust will help protect your assets and keep them inaccessible to creditors.

Flexibility to Manage Assets:

Having a trust lets you decide how your assets must be distributed under different circumstances. There are different types of trusts available for you to consider. The most common types include revocable and irrevocable living trusts. 

A revocable living trust, as the name suggests, is a trust that can be changed or revoked by the grantor any time they want. An irrevocable trust remains fixed. Another popular type of trust is the income-only living trust. Get in touch with the certified trust lawyers in Perth, in order to know how your assets must be managed. Simply put, having a trust gives you the flexibility to manage and distribute assets as per your requirements.

Save money and protect your property by establishing a trust for estate planning. To get useful guidance and assistance in this process, hire a good law firm of a recognised migration lawyer in Perth today.

Police powers to search premises during the Sydney Lockdown

 

Being approached by police in public or at your home can be a nerve-wracking experience. Even if you haven’t done anything wrong, it is normal to feel nervous and anxious about why they are approaching you.

If this happens to you, it’s important to stay calm, polite and know your rights during this time.

Power to Enter Without a Warrant

In NSW police can enter your property without a search warrant in circumstances. Sometimes, police can legally enter your premises if you give them permission to enter – by inviting them in. If you do this and they see something that is unlawful on that property, you could be charged for something completely unrelated to why they are there. Therefore the first rule of thumb is to say “I do not give you permission to enter my property”, however that doesn’t mean you should obstruct or stop them because they usually will have a lawful reason to enter.

Secondly, Police officers should be in uniform or provide evidence of their position when they are attending your premises. They should state their name and station and give their reasons for wanting to enter the premises. A person has the right to request this information from a police officer and you can tell them to switch on their body worn camera. The power to search with and without a warrant comes from the Law Enforcement (Powers and Responsibility) Act 2002 (see sections 9, 10, 46 – 52 and 82).

Police can enter premises without a warrant if:

1. A breach of the peace has been committed (which may include very loud noise that is heard by the public, disruptive activities or violent behaviour) and it is necessary to enter in order to end or prevent the breach of the peace.
2. A person has suffered or in imminent danger of suffering personal injury.
3. An alleged domestic violence offence has occurred. They then have an obligation to inquire about possession of firearms and to search for and take any firearms.
4. To arrest or detain someone that has committed an offence. Here they do not need an invitation or a warrant if they reasonably believe that the person to be arrested or detained is in that premises or if they need to execute an arrest warrant. For example: if they were monitoring you in the community and think you need to be arrested for breaching the Public Health Act and you are in that property, then they will enter to detain you.

Entering premises for a search to determine compliance with the Lockdown with a Warrant

The relevant part of the Public Health Act can be summarised here:

1. Police are allowed to enter commercial and residential premises if they consider it necessary and they produce either a valid search warrant or a valid certificate of authority, or if the occupier provides informed consent.
2. A search warrant must be produced if they want to enter a ‘mixed use’ premises that is solely used for residential purposes or if the occupier provides informed consent.
3. Police can enter premises used solely for residential purposes ONLY if they have a valid search warrant, or the occupier provides informed consent.

Police must then provide reasonable notice to the occupier that they are going to search the premises, unless this would defeat the purpose of the search, and the search must be done at a reasonable time of the day, unless it there is an ‘emergency’ situation.

The above powers come from Section 108 of the Public Health Act.

If NSW Police have a search warrant, make sure you:

1. Get a copy of the search warrant and occupiers notice
2. Politely ask the officer about the why they are there to search and what they are looking for
3. Request that they record the entire search
4. Use your phone to record the search from a safe distance without obstructing any officer.
5. DO NOT argue the validity of the warrant when they are at your door – that’s not the appropriate time – your lawyer will do that in court
6. Remember that it is an offence to obstruct or hinder an officer or other person carrying out a search under that warrant.

What are the penalties for failing to comply with officers wanting to enter your premises?

• A fine of $5500 or imprisonment of up to 5 years if you are found to be hindering, intimidating or assaulting police.
• A fine of $5500 if you fail, without a reasonable excuse, to comply with an officer’s lawful direction to enter premises, answer questions or provide details under search authorised by the Public Health Act or a fine of $11,000, if you intimidate or willfully obstruct or hinder an officer who is exercising a function under that Act. See Sections 113, 116 and 118 Public Health Act.

If you have been charged by NSW Police or need assistance with a wrongful search or arrest, call  1800 100 529 to speak to a Criminal Law Specialist.