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What Is the Texas Wrongful Death Statute of Limitations?

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The Texas statute of limitations for wrongful death is two years from the date of the victim’s death, in most cases. Although the law provides for some limited exceptions to this time limit, you could lose your right to recover compensation if you do not take legal action within a two-year period. To help protect your legal rights and preserve your ability to pursue compensation, talk to one of the compassionate, experienced wrongful death attorneys at the Johns Law Firm for help. How Long Do You Have to File a Wrongful Death Claim in Texas? Under the wrongful death statute of limitations in Texas, you have only two years from the date of the victim’s death to file a lawsuit in civil court. Although some exceptions to the statute of limitations do exist, it is in your best interest to move as quickly as possible. An attorney can explain your options and help you determine the best approach for filing your claim. Who Can File a Wrongful Death Claim in Texas? In Texas, the surviving spouse, children, and parents can legally file a wrongful death action. If none of these individuals files a claim within three months of the victim’s passing, the claim can be filed by an executor or personal representative of the victim’s estate.  In some cases, the law may allow other parties to pursue a wrongful death claim. Likewise, the law may preclude some of the otherwise entitled parties from recovering compensation in a Texas wrongful death claim. Talk to an attorney about your potential claim as soon as possible to help protect your right to pursue justice. What Can You Recover in a Wrongful Death Claim? Wrongful death claims seek damages suffered by the victim’s survivors. This could include some or all of the following: Funeral and burial costs; Pain and suffering; Loss of love and companionship; Loss of guidance, advice, and counsel; Loss of life assistance; and Loss of inheritance. Texas also allows entitled parties to recover exemplary damages if the at-fault party acted with gross negligence or if the victim died due to another party’s willful act or omission. Exemplary damages are intended to punish the at-fault party and set an example to deter others. You may also be able to pursue a survival action on behalf of the victim. Whereas wrongful death claims provide compensation for damages suffered by those left behind, a survival action seeks compensation for damages that the victim suffered prior to their death. This could include the cost of medical treatment, lost income, and the victim’s pain and suffering. Your attorney can explain your options for pursuing damages, based on the details of your case. Exceptions to the Texas Wrongful Death Statute of Limitations Texas law provides several exceptions to the statute of limitations. If any of these exceptions apply in your case, you may have longer than two years to take action. For example, the running of the statute of limitations may be suspended if the defendant (the at-fault party) is temporarily absent from the state of Texas. If the defendant dies, the running of the statute of limitations may be suspended for 12 months from the date of the defendant’s death or until an executor or administrator of the defendant’s estate becomes qualified as the defendant. The running of the statute of limitations is also suspended if the plaintiff is of unsound mind or under the age of 18. If the victim died as a result of a product defect, your time to file may be more limited. In most cases, Texas law prevents lawsuits based on product defects brought more than 15 years after the product was first sold, no matter when the injury or death occurred. However, if the product manufacturer states in writing that the product has a useful safe life of more than 15 years, you may still be able to file a claim. Talk to a Texas Wrongful Death Lawyer for Help Talking to an experienced attorney can help ensure that you retain the right to pursue compensation for the loss of a loved one. The Texas personal injury lawyers of the Johns Law Firm understand how difficult this time is for you and your family. You don’t have to fight this battle alone. Contact us to schedule a free consultation. We can answer your questions and help you understand all options for pursuing legal action. Call or contact us now to speak to one of our Texas wrongful death attorneys.

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How Does Hurricane Insurance Work?

| Read Time: 5 minutes

What You Need to Know About Making a Claim Before anyone had a chance to recover fully from the ravages of Hurricane Laura and Hurricane Sally, Tropical Storm Beta dealt the Gulf South area yet another substantial blow. The extent of the damage has yet to be fully identified, but many thousands of homeowners experienced property damage ranging from mild roof damage to catastrophic structural failure. If your home sustained damage in one of these storms, or in another hurricane or tropical storm, submitting a claim to your homeowners insurance is the first step to getting your home repaired and your life back to normal. Unfortunately, this process can be a challenge. Your insurance company may attempt to deny or undervalue your claim or drag the process out unnecessarily. A hurricane property claim lawyer can help you get the hurricane damage compensation you are entitled to under your insurance policy. How Does Hurricane Insurance Coverage Work? In the aftermath of a significant tropical storm or hurricane, you may have urgent questions about your insurance coverage. Some of the most common questions you might have include: Is there hurricane insurance? How much is hurricane insurance? Do I have hurricane insurance? Do I have flood insurance? These types of insurance coverages are not available in every geographic location. Typically, hurricane coverage is a component of your regular homeowners insurance. Flood insurance, on the other hand, must typically be purchased with a separate policy, often from a separate insurer. Is Flooding or Water Damage Covered Under My Hurricane Insurance Claim? The answer to this question is more complicated than you might imagine. Typically, hurricane damage is covered by your homeowner insurance policy whereas flood damage is covered by a separate flood insurance policy or rider. However, hurricane coverage does pay for some types of flooding and water damage. If your house sustains water damage or even flooding due to wind-driven rain, this should be covered by your homeowners policy. Likewise, if a storm damages your roof, windows, doors, etc., allowing rain to enter the structure, this water damage should also be covered by your homeowners insurance. If water rises up from a lower point, from storm surge, from a failed dam or levee, or from a river overflowing its banks, for example, hurricane insurance probably will not cover any damage repairs or compensate you for any related losses. The distinction between these two types of natural disasters—often referred to as force majeure, an act of God/nature, or simply extraordinary circumstances—can be confusing for homeowners. Lengthy legal battles may ensue, as insurance companies fight to reduce their financial losses after a major weather event such as a hurricane. Understanding your policy limits and types of coverage can help you make sense of what your insurer’s obligations are for your damages. Unfortunately, as victims are rarely prepared for these potentially catastrophic events, you could now be stuck trying to figure out your legal rights after the damage has occurred. Will Flood Damage Be Covered by My Auto Insurance? If your car was damaged or destroyed in a tropical storm or hurricane—or even in rising floodwaters—your car insurance may step up to cover this particular loss. If you carry comprehensive automobile insurance, check with the insurer to verify whether you have flood damage coverage for your personal vehicle(s). If so, you can file your claim directly through the insurer. How Much Will My Hurricane Damage Deductible Be? Determining what your insurance deductible for hurricane damage might be is another potential source of confusion. Most homeowners insurance policies have two different deductible structures: one deductible amount for standard losses and a different amount for hurricane damage. Depending on the terms of your policy, a standard homeowners insurance deductible typically ranges between $500 and $5,000. The higher your deductible, the less expensive your annual insurance policy premium will typically be. Whether you chose a higher or lower deductible when you purchased your coverage, you will have to pay that sum out of pocket before the policy coverage kicks in. In the case of storm or hurricane damage, however, your deductible is likely to range between 1% and 5% of the insurance value of your home. For example, if your home is valued at $250,000, your deductible could range between $2,500 and $12,500. In some cases, this figure may range even higher, depending on the area where you live and how your insurance carrier structured your coverage.   What Types of Damages Will My Hurricane Insurance Pay? The type of storm damage losses your homeowners policy covers can vary, depending on the type of insurance you purchased. You could be entitled to compensation for some or all of the following: Water extraction and remediation; Mold removal and remediation; Debris removal; Repair or replacement of your home, garage, guest house, etc.; Compensation for the value of your home’s contents; Temporary roofing, board-up, and related costs to secure your property; and Temporary living expenses (if you are displaced). If you purchased additional coverage for valuable personal property such as art, jewelry, collectibles, etc., you may also be able to recover compensation for those items. The best way to determine what types of damages your policy covers is to talk to an experienced property damage attorney. Your attorney can delve into the complex legal language of your policy and determine all potential items that you should include when submitting your claim. How Might the Insurance Company Deny My Claim? You pay your homeowners insurance premium faithfully, year after year. It’s only natural that you expect your insurer to hold up its end of the agreement when disaster strikes and you need it most. Unfortunately, this is often the time it can be the most difficult to get a claim approved or to get fair value for your losses. Insurers may deny your claim outright or deny that you had coverage in place. The insurance company could try to undervalue your claim, refusing to compensate you fairly for your losses. Another tactic is to...

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Tips for Hiring Contractors After Hurricane Laura—Legal Advice

| Read Time: 3 minutes

If you suffered damage to your Gulf Coast property after Hurricane Laura, Hurricane Sally, Tropical Storm Beta, or another devastating tropical storm, you face a long—and potentially expensive—road to getting back to normal. Depending on the nature and extent of the damages your home suffered, you could require major repairs before your home is even livable again. The weeks and months after a major Gulf Coast storm bring out a variety of opportunists and dishonest contractors who prey on victims who suffered damage to their property. When hiring a hurricane damage contractor, you must proceed with caution and do your homework. You could also encounter problems if your insurance company pushes you to use their contractors or refuses to process your claim in good faith. Talking to a hurricane damage claim lawyer is one of the best ways to avoid the many pitfalls that await you after you sustain tropical storm or hurricane damage. Before you hire a contractor after a Gulf Coast storm, contact the hurricane insurance attorneys from the Johns Law Firm. Beware of Common Hurricane Contractor Scams Countless unscrupulous companies flock to locations where major storm damage has occurred, preying on unsuspecting victims. One of the most common scams is that the contractor will knock on your door and tell you they’re handling the repairs on your neighbor’s house “down the street.” If you agree to hire them for your home, they might offer you a discount since they’ll be in the neighborhood anyway. They will provide you with what appears to be a very reasonable estimate and request 50% payment upfront for materials. You will never see this contractor—or your deposit—again. There are countless variations of this and related scams that you could fall victim to if you aren’t careful. You can read about other common storm damage contractor scams on the U.S. Federal Communications Commission (FCC) website. Contacting an experienced attorney is another way to help ensure you don’t become the victim of any storm damage repair scams. Do Your Homework Before Hiring a Contractor for Hurricane Repair You’ll be safest if you reach out to contractors yourself for estimates, rather than talking to anyone who calls you or comes to your door. This provides you with the opportunity to verify their state contractor license, insurance, and any required surety bonds. This also allows you to check their customer reviews and look for any complaints that may have been filed against them with your state registrar of contractors, the Better Business Bureau, etc. You can ask friends, neighbors, or other trusted individuals for recommendations. However, never let a recommendation substitute for doing our own due diligence on the contractor’s qualifications. Get Hurricane Damage Repair Estimates in Writing Insist that all estimates and contracts be fully executed in writing. Read estimates and contracts carefully before you sign anything. Few legitimate contractors will request any deposit above 10% of the contract value, and even that should raise a red flag to do a little more digging into the contractor’s background. Contacting an attorney to review all cost estimates and contracts provides an incomparable layer of security and peace-of-mind. An experienced hurricane damage claim lawyer knows what to look for and how to spot potentially dangerous contracting arrangements. Contact a Gulf Coast Property Claim Attorney Today In Louisiana, Texas, Florida, and throughout the Gulf Coast region, the Johns Law Firm protects clients from potentially risky situations involving hurricane damage contractors. We have been assisting countless clients in the wake of Hurricane Laura, Hurricane Sally, and other recent extreme weather events. Before hiring any contractor after hurricane damage or for help getting your hurricane damage insurance claim paid, contact us to learn more about how we can protect your legal rights and help you avoid getting scammed. Call us or contact us today for a confidential consultation with an experienced gulf coast property damage lawyer from the Johns Law Firm.

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My Car Got Totaled in New Orleans and I’m Not At Fault—Do I Have a Case?

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If you’ve been in a car accident and you are not at fault, you can expect some vehicle damage, whether big or small. Unfortunately, in some circumstances, your vehicle may suffer extreme damage and be rendered a “total loss.” If this is your situation, you may have legal options. It is crucial to understand total loss and what it means for you. What Is a Total Loss Vehicle? After a car accident, your vehicle will suffer damage. However, the total loss of a vehicle is the most severe kind of damage. RS 37:702 from the Louisiana statute explains that a “total loss” is a motor vehicle “which has sustained damage equivalent to 75% or more of the market value as determined by the most current National Automobile Dealers Association handbook.” If a vehicle has sustained less damage and is repairable, it is not considered a total loss. What If My Car Is Totaled and I Have Only Liability Insurance? In Louisiana, all drivers must have liability car insurance. This insurance serves to pay others if you cause injuries or damage to another’s property in a car accident. The minimum coverage amounts include: $15,000 for bodily injury to one person; $30,000 for bodily injury to multiple people during one accident; $25,000 for property damage in one accident. This insurance will not cover damage to your vehicle if you were at fault for an accident. You need collision coverage for that. However, if you are in a car accident and it was the other driver’s fault, you can file a claim with their insurance company. The at-fault driver’s insurance company will pay you for your property damage, including your totaled vehicle.  Along with your liability car insurance, it is also wise to have uninsured/underinsured motorist insurance. If the other driver happens to be underinsured, their insurance will pay first, but once that runs out, you can file a claim with your uninsured motorist coverage. You can also make a claim with your uninsured motorist insurance if the other driver is uninsured altogether. Can I Sue for My Car Being Totaled? If your vehicle is totaled in a car wreck, the most the insurance will pay is the vehicle’s fair market value on the day of the accident. If your car is financed, this compensation may do no more than pay off your vehicle, leaving you with no funds to get a new one. An issue may arise when the at-fault driver’s insurance company incorrectly calculates the value of your vehicle. If this occurs, you may reject the insurance company’s offer and provide your reasoning. However, do not expect the insurance company to change their offer. In a situation like this, you might be able to sue the insurance company for its low valuation. Consult with a qualified car accident attorney. Contact an Attorney If you have been in a car wreck and your vehicle was totaled, consult with an experienced car accident attorney. They will be able to answer all your questions and help you get the compensation you deserve for your vehicle. The Johns Law Firm collectively has decades of experience handling a variety of civil litigation matters. We are passionate about offering every client a personalized experience, and we are dedicated to providing the highest quality legal representation. We offer no-obligation case evaluations to get to know you and your case. Contact us today, and let’s see how we can help you.

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What Are Diminished Value Claims in Texas?

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After a car accident, you will frequently interact with your insurance company regarding details of your accident, inspections, and repairs. If your vehicle has suffered significant damage, you may also consider discussing your vehicle’s diminished value. It is essential to become familiar with the concept and how it works. What Is Meant by “Diminished Value”? After a car accident, your vehicle will undoubtedly suffer damages. Unfortunately, even after your car is repaired and looks like new, it will never be the same again. This will present issues for you in the future, especially when it comes time to resell your vehicle. Buyers will look at your vehicle as altered and will likely not want to pay you what the car would typically be worth. This is diminished value. Diminished value is the difference between what your vehicle was worth pre-accident and what it is worth post-accident. How Do I File a Diminished Value Claim in Texas? Firstly, to qualify for diminished value, you must not be the at-fault party in the accident. If you were not at fault, you might be able to file a diminished value claim in Texas. For a diminished value claim, you must prove three things: Your vehicle lost value; There is a dollar amount to the value lost; and The insurance company will allow you to recover the diminished value. Your attorney can help you compile all the necessary information for your diminished value claim. Types of Diminished Value There are three types of diminished value. They include: Inherent diminished value, Immediate diminished value, and Repair-related diminished value. Inherent diminished value is the most commonly used type of diminished value. This kind of diminished value occurs when a vehicle loses value due to a history of damage.  Immediate diminished value represents the difference between the resale value right after an accident but before repairs. This type of diminished value is not often used. Repair-related diminished value represents the loss of a vehicle’s value based on low-quality repairs after a car accident. This kind of diminished value rests on the idea that the car cannot be restored to its original condition.  How Do I Calculate the Diminished Value of My Car? It is crucial to save all documentation and receipts from your car’s repairs. These items may come in handy in the future for your claim.  Generally, most insurance companies use a calculation known as “17c.” This formula works to produce a value for your vehicle. The steps are as follows. Calculate the Value of the Car You can use various tools to calculate the current value of your car. The value of your vehicle is dependent on the year, make, and model.  Apply a 10% Cap to the Value This formula takes the value of the vehicle and multiplies it by .10 to get a base loss of value. Apply a Damage Multiplier Now you will take any structural damage to the vehicle into account. For this step, you must take the number from step 2 and calculate it according to the level of damage: 1 = severe structural damage .75 = major damage to structure and panels .50 = moderate damage to structure and panels .25 = minor damage to structure and panels 0 = no structural damage or replaced panels Your Vehicle’s Mileage Next, you will take your vehicle’s mileage into consideration. Take the number from step 3 and multiply it depending on your car’s mileage: 1 = 0-19,999 miles .80 = 20,000-39,999 miles .60 = 40,000-59,999 miles .40 = 60,000-79,999 miles .20 = 80,000-99,999 miles 0 = 100,000+ miles These four steps will help give you your vehicle’s diminished value. How to Submit a Diminished Value Claim You may open up a conversation about a possible diminished value claim with your insurance adjuster. You may explain your situation to them. Ultimately, you may need to submit a diminished value demand letter to your insurance company. This letter should include: An explanation as to the purpose of the letter; The legal basis of your diminished value claim; The facts of your claim, with proof, if possible; and An explanation of the value of your diminished value claim. While you can do this yourself, we recommend that you seek help from an experienced Texas attorney. An attorney understands Texas law and can better represent you in this matter. Choose The Johns Law Firm The Johns Law Firm is a young law firm, composed of seven passionate attorneys. We recognize that every situation is different and pride ourselves on offering our clients personalized experiences. We know you have options, but we work diligently to set ourselves apart through our dedication, hard work, and fierce representation. Contact us today for your no-obligation case evaluation, and let’s see how we can help you. 

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Motorcyclist Killed in Crash With Pickup Truck on Highway 49

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Byron, GA (July 31, 2020) — A motorcyclist died Thursday night after striking a pickup truck while allegedly trying to avoid a traffic stop. The crash happened at the intersection of Highway 49 and Houston Lake Road. According to the Georgia State Patrol, the motorcyclist, identified as Deandre Reynolds, was driving at a high speed in the northbound lanes of the highway when the Peach County Sheriff’s Office attempted to stop him. Reynolds then led police on a chase into Houston County. Following the pursuit, a man identified as Tavarous Williams was driving south in his Ford pickup truck when he attempted to make a turn onto Houston Lake Road. Reynolds collided with the pickup truck and was later pronounced dead at the scene. Georgia State Patrol found in its preliminary investigation that Reynolds wasn’t in sight of the Peach County Sheriff’s Office when he crashed into the truck. They are still trying to determine what caused Reynolds to run into the truck. Source: 13WMAZ Contact an Experienced Georgia Motorcycle Accident Attorney Unfortunately, auto accidents like this happen far too often in Georgia. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Georgia motorcycle accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victim of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Statute of Limitations for Car Accidents in Houston, TX

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After a car accident, you may be left with injuries, property damage, and financial hardships. To relieve some of the financial burdens, you might consider filing a lawsuit. Before doing so, it is essential to understand the law, including statutes of limitations.  What Is a Statute of Limitations? A statute of limitations is a law that governs how long a plaintiff has to file a lawsuit. There are statutes of limitations for every kind of legal claim. Once this time clock runs out, you will be unable to recover for your losses. While you may file your lawsuit, the opposing party will likely call attention to the expiration of the statute of limitations, and your case will be dismissed. Filing your lawsuit before the statute of limitations has run is crucial. Why Do Statutes of Limitations Exist? Statutes of limitations exist for civil and criminal claims. While a statute of limitations may seem unfair or restrictive, these time limits serve a purpose. Statutes of limitations primarily serve to protect defendants from stale or frivolous lawsuits. They also encourage plaintiffs to file their lawsuits in a timely manner. The more time passes, the weaker a case can get. Evidence may be lost, people’s memories fade, and cases become harder to pursue. A statute of limitations eliminates these issues. How Long Do You Have to Make a Claim After a Car Accident in Texas? After a car accident, you must call your insurance company. While there are no laws governing how long you have to file a claim with your insurance, most insurance carriers require you to notify them as soon as possible. If you wish to pursue legal action after your car accident, the car accident statute of limitations in Texas is two years. These two years pertain to both personal injury claims and property damage claims. After the statute of limitations for motor vehicles has expired, you will no longer be able to recover for your accident. Are There Any Exceptions to the Statute of Limitations? Certain situations may allow the two-year time limit to be paused or “tolled.” Age If a person is under the age of 18, the statute of limitations does not begin to run until they reach the age of majority.  Mental Capacity If a person is of unsound mind, the statute of limitations will be tolled until they regain a sound mind.  Discovery Rule The discovery rule applies when, after an accident, a person is unaware of their injuries. Not all injuries are apparent immediately after an accident, with some injuries taking some time to surface. The statute of limitations will begin to run only once the plaintiff has discovered their injuries.  How Long Does an Insurance Company Have to Settle a Claim in Texas? Once you file a claim with your insurance company, they must either accept or reject your claim. Under Section 542.055 of the Texas Statutes, the insurance company has 15 days to do the following: Acknowledge your claim; Begin their investigation into the claim; and Request any relevant information needed to assist with their investigation. Aside from these steps, an insurer must communicate their acceptance or rejection of your claim. If the company rejects your claim, they must provide their reasons. Insurance companies may extend their investigation for up to 45 days if they have sufficient reason to do so.  Whether there is a delay in your claim process or you’ve experienced rejection, a knowledgeable attorney can help you every step of the way.  Should You Settle with Your Insurance Company? While your insurance company may present a settlement offer after reviewing your claim, we recommend that you not accept without first consulting with a personal injury attorney. Insurance companies are known to offer low or unfair settlement in an effort to resolve issues quickly and avoid legal action. Before rushing to settle, speak with a qualified and experienced attorney. Choose Johns Law Firm Johns Law Firm is a young law firm, with all our attorneys ready and willing to help clients fight their legal battles. We pride ourselves on providing a client-centered experience. Our goal is to have all our clients feel confident in our work and abilities. We offer a no-obligation case evaluation. Contact us today, and let’s see how we can help you. 

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How Are Wrongful Death Settlements Paid Out

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If you have lost a family member due to the negligence of another party, you may be entitled to compensation through a wrongful death claim.  A wrongful death claim is a special type of legal claim that allows you to recover damages related to the death of a loved one. There are a number of situations in which a wrongful death claim might arise. For example, you may be able to recover on a wrongful death claim due to the negligent actions of a:  Driver,  Doctor,  Business,  Caregiver, or Manufacturer.  So long as the death of your loved one was a result of the negligent party’s actions, you may have a valid legal claim.  This can be extremely helpful in allowing you to recover from the death of your loved one. But how are wrongful death settlements paid out?  This article will discuss this important question that many wrongful death claimants have. For more information on this question and wrongful death claims in general, contact the Johns Law Firm today.  Who Pays the Wrongful Death Settlement Payment? Wrongful death claims will vary from case to case. However, insurance providers are typically the party that is responsible for paying out a wrongful death settlement.  It is important to note that although insurance providers will pay out claims on behalf of their insureds, their policies will often have a policy limit. Thus, depending on the extent and severity of the damages involved in your case, you may require more compensation than the insurance policy provides.  Further, many insurers will attempt to pay out as little as possible to satisfy a claim. Accordingly, it is important to speak with an experienced attorney to discuss whether a settlement payment is fair and equitable under the circumstances.   Are Wrongful Death Settlements Taxable? According to the IRS, settlements for wrongful death claims are generally non-taxable.  A wrongful death settlement is typically comprised of “compensatory damages.” The purpose of compensatory damages is to make a person whole or replace what was lost. Examples of compensatory damages in a wrongful death case include:  Loss of the deceased’s expected earnings;  Loss of inheritance; Loss of pension plans or medical coverage;  Mental anguish or pain and suffering; and  Loss of care, protection, guidance, love, and companionship.  Thus, it is important to look at the purpose of the damages. If the damages are meant to compensate the wrongful death claimant, it is likely that the damages are non-taxable. However, if the purpose of the damages is to punish the opposing party (punitive damages), the settlement may be taxable.  How Long Does It Take to Settle Wrongful Death Claims? Unfortunately, there is no easy answer to this question. Again, because each case is different, the length of time it will take to settle will depend on the specific circumstances of your case.  Some cases take only weeks or months to resolve. However, if your case involves complicated facts or a high amount of claimed damages, it may take much longer to reach a resolution.  Contact Our Team Today If you have questions about your potential wrongful death settlement, consider contacting an attorney today. An experienced wrongful death attorney can help you assess your damages, negotiate a potential settlement, and determine how your claim will be paid out.  At the Johns Law Firm, we want to help. Altogether, we are licensed in five states and have over 60 years of combined experience helping our clients get the compensation they deserve. Contact us today for a free consultation to discuss your case and see what we can do for you.

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Steps to Take After a New Orleans Car Accident

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After you experience a car accident in New Orleans, you may feel overwhelmed with all you need to do. You might face a lengthy task list that includes car repairs, medical treatment, filing insurance claims, and more. If you worry about your ability to negotiate with the insurance company for payment, know that an accident lawyer can help. At the Johns Law Firm, our New Orleans accident attorneys help clients injured in car wrecks. We negotiate with the insurance company for a maximum settlement and take negligent drivers to trial if needed. To speak to one of our knowledgeable attorneys, call us for a free consultation. If you want to know what to do after a New Orleans car crash, keep reading. Take These Five Steps After a New Orleans Car Accident When you experience a New Orleans car accident, you need to take these five steps to protect yourself. These steps give you the best chance of physical recovery and financial compensation. Call the Authorities Immediately after an accident, you should call New Orleans police and paramedics. If you can get out of your vehicle, wait for the police and paramedics at a safe roadside location. Do not leave the scene of the accident until authorities arrive. Seek Medical Treatment Your medical care should be your top priority. Once paramedics arrive, they will evaluate your physical condition and transport you to the hospital if necessary. Even if you don’t need emergency medical care, you should still seek a medical evaluation soon after your accident. This evaluation can identify any injuries and provide key evidence for insurance negotiations. Collect Evidence If you do not need urgent medical treatment, collect evidence at the scene of the accident. You should take photos of the damage to your car and the other driver’s car. Photos of the surrounding scenery and anything that may have contributed to the accident can help your claim. Also, request the names and contact information of any witnesses to the accident. Save All Receipts Save all receipts and medical bills. Receipts for everything from car repairs to crutches can provide evidence for fair accident compensation. Bring all documentation of your accident expenses to your consultation with an accident attorney. Call an Attorney You should contact an accident attorney soon after your New Orleans car accident. At the Johns Law Firm, our accident attorneys help injured motorists get the compensation they need. We utilize investigators who can uncover crucial evidence for us to use in insurance negotiations. Call our law firm soon after your accident to give us the best chance to recover accident evidence. Contact a New Orleans Accident Attorney for Legal Advice If you experienced a car accident in New Orleans, you may need a personal injury attorney. The attorneys at the Johns Law Firm can negotiate with the insurance company to try to win your maximum compensation. Call our accident lawyers for a free consultation where we can discuss your accident and advise you of legal options. Contact us today to secure experienced legal representation while you focus on your injury recovery.

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Employment Discrimination in the Wake of a Pandemic

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As the Covid-19 pandemic stretches across the United States and the world, many workers have found themselves looking for a way to stay afloat.  As of the date of this article, 17 million unemployment applications have been filed in the past three weeks.  This as many businesses start to receive large, forgivable loans to maintain employees on payroll.  Now is as important time as ever to know your rights against discrimination so that you can protect yourself and your family. Employment discrimination is a sad, but pervasive problem in many workplaces.  Fortunately, employees that are harassed and discriminated against are protected by state and federal laws.  The present crisis does not eliminate these protections. Broadly speaking, an employer may not discriminate on the basis of age, disability, gender, race, national origin, religion, pregnancy, or sexual orientation.  Many state laws further enforce these anti-discrimination provisions and add further protections such as Louisiana and Texas, which prohibit an employer from taking any retaliatory action against an employee that refuses to engage in illegal conduct. With millions out of work and small businesses receiving millions in forgivable loans to rehire these employees, employers and employees must be mindful of the anti-discrimination laws already on the books. Federal laws include: Title VII of the Civil Rights Act of 1964, commonly just referred to as Title VII, which makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex.  It also protects against retaliation against a person making a claim of discrimination. The Pregnancy Discrimination Act, which clarifies that Title VII protects against discrimination relating to pregnancy, child birth, or medical conditions related to either. The Equal Pay Act of 1963, which prohibits wage discrimination between men and women. The Age Discrimination in Employment Act of 1967, which protects employees and prospective employees age 40 or older from discrimination. Title I of the Americans with Disabilities Act of 1990, which protect persons with certain disabilities from discrimination in the workplace. None of these laws have been suspended by the pandemic. Understanding the Paycheck Protection Program and Your Rights To Be Protected Against Discrimination  The Paycheck Protection Program (PPP) is part of the recently passed $2 trillion aid package passed by Congress.  It provides forgivable loans to employers with 500 or fewer employees to retain or rehire employees dismissed as a result of the pandemic.  Businesses will receive loans up to $10 million dollars at a 1% rate of interest payable in two years.  However, if the business uses these funds for wages, paid sick, medical, or family leave, and costs related to group health care benefits during those periods of leave.  It also allows funds to be used for certain overhead costs like rent, mortgages, utilities, and certain other debt obligations, the loans will be completely forgiven.  The objective of the PPP is to get small businesses to retain as many employees during the pandemic as possible. Businesses receiving PPP loans may not discriminate in deciding who to retain or rehire.  Each of the anti-discrimination laws mentioned above continue to apply.  If you believe that you were terminated for a discriminatory reason or that your employer refused to hire you back after receiving PPP funds, you have rights. If you believe that you have been discriminated against by your employer during this crisis, contact us at The Johns Law Firm for a free consultation.

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