Showing posts with label LAWYER. Show all posts
Showing posts with label LAWYER. Show all posts

4 things to know before you donate a car

 


Do you have an old vehicle sitting around that you’re no longer using?

If so, one option to get it off your hands is to donate it to a charity. Depending on what the charity needs and the kind of vehicle you have, the charity itself may use the vehicle, sell it to a needy individual for a reduced price, auction it off for money or sell it to a salvage yard. In some cases, your vehicle doesn’t even need to be in running condition for you to be able to donate it.

Many charities make it very easy for you to donate your car in just a few steps. Many charities will even pick up your car for free. But if you also want to claim a deduction on your taxes and get a little bit back yourself, the rules are a bit hazier.

Read on for more about how to donate your car and how to take a tax deduction if you’re eligible.

How to donate your car

The easiest way to donate your car is to simply contact a charity and arrange for it to come pick up your vehicle. Many of the larger charities like Habitat for Humanity, Goodwill and the Salvation Army offer dedicated services for this, complete with phone hotlines and websites with donation forms. There are even dedicated car donation services like Charitable Adult Rides & Services, which handles all of the details and lets you choose the charity you’d like the proceeds to go to.

If you’re up for a bit more work, another option is to simply sell the car yourself and donate the money. In some cases this can be more beneficial to the charity, since you may be able to sell it yourself for more than the charity could get at auction for it. At the end of the day, it’s your choice.

Steps to stay safe when donating your car

Donating your car to a charity is generally safe. Still, you’ll want to take a few steps to help protect yourself and not be held liable for anything that happens with your car after you give it away.

  • Be wary of organizations that sound too good to be true — for example, if they promise that you can deduct however much you want from your taxes.
  • Get a receipt from the charity.
  • Remove your car’s license plates once you’re done driving it.
  • File a transfer form to sign over your title with your state’s transportation or motor vehicle agency.

Tax deductions: What to know before you donate your car 

One of the biggest benefits of donating your car is that you might be able to deduct your charitable donation. But just like anything else the IRS controls, it’s not as simple as handing the car over to a charity and then deducting its value from your taxable income. Instead, you’ll need to meet certain criteria in order to deduct the donation from your taxes. You can get more info from the IRS’ guide to vehicle donation.

You’ll need to itemize your deductions

You can claim a charitable deduction (including for cars) only if you itemize your taxes. And unfortunately, with the new tax law changes, most people are better off claiming the standard deduction, so your car donation might not benefit you at all come tax time.

You’ll need to donate to a charity that qualifies

In order for your donation to count as a tax deduction, you’ll need to hand your car over to a registered 501(c)(3) organization or tax-exempt religious institution. You can verify the charity’s eligibility by calling the IRS hotline at 1-877-829-5500 or by visiting the IRS website.

You’ll need to collect certain documents

After you hand off your car to the charity, you should get a written receipt right away. Depending on what the charity does with your car, you’ll also get either a written acknowledgement or a Form 1098-C (Contributions of Motor Vehicles, Boats, and Airplanes) at some point. Keep a hold of this document, as you may need the information to file your taxes, and you may even need to send the document itself in if you’re deducting more than $500 from your taxes.

In addition, if you’re donating a car worth more than $5,000 and the charity doesn’t plan to sell it for cash, you’ll need to get an official written appraisal at least 60 days before you donate the car as well.

Filing the proper tax forms

Most charities sell the cars that are donated to them for money. In that case, you can deduct the car’s final selling price, which the charity will provide to you with written acknowledgement or Form 1098-C.

You’ll need to file the following documents with your tax return, depending on how much you can deduct:

  • $500 or less: Nothing in particular, but hang on to your records in case you’re audited.
  • $501 to $5,000: File Form 1098-C or the written acknowledgement, plus Section A of Form 8283.
  • More than $5,000: File Form 1098-C or the written acknowledgement, plus Section B of Form 8283 and the written appraisal of the vehicle if the charity isn’t selling it.

Bottom line

Whether you can qualify for a tax deduction from a car donation or not, you can rest assured that charities will be grateful for it. Even your old junker may qualify as a donation since charities can sell it to a scrap yard. So consider donating your car — it’s a great way to clear your yard while helping people out at the same time. It’s a win-win scenario — just make sure to cross all the t’s and dot all the i’s if you do plan on taking a deduction.

Sacramento Major Accident Involves Seven Vehicles

 

Multiple Vehicles Involved in Accident on Watt Avenue Off-Ramp 

A major accident in Sacramento on March 19 caused at least one serious injury. The collision occurred along westbound U.S. 50 at the Watt Avenue off-ramp around 6:19 p.m. and involved seven vehicles. The off-ramp was completely blocked and one vehicle was on fire, according to the accident report by the California Highway Patrol (CHP)

Bystanders Help to Put Out Vehicle Fire

One of the people who called in the accident to the CHP was trying to help get parties out of their vehicles. Vehicles involved in the major accident included two Toyota Priuses, a van, a BMW, a pickup and others. People out of their vehicles were using water jugs to throw on the vehicle that was on fire.  

At Least One Person Hospitalized After Major Off-Ramp Accident

The roadway was cleared around 7:43 p.m. Medics with the Sacramento Fire Department assessed injuries to those involved and transported at least one patient to a hospital with a major injury. The incident is under investigation by the CHP to determine its cause.

Ramps at Highway Entrances and Exits Are Dangerous

Many major injury accidents occur on highway exit or entrance ramps. Here are some factors contributing to ramp accidents:

  • An accident can occur if traffic signs are poorly placed or don’t give motorists enough time to reach the ramp. The driver may not be able to move over quickly enough, which can lead to a serious accident. A government entity may be held liable for injuries when the ramp design or poor maintenance causes a collision.
  • Accidents can occur due to the ramp design. A wide variety of problems can occur, including too-short curves, narrow lanes and an inadequate lead-in for highway exits and entrances.
  • While on a ramp, some drivers change lanes, which is risky, as it can result in a side-swipe accident.
  • A major accident caused by speeding drivers often occurs on ramps.
  • A distracted driver who is texting or not paying attention to the traffic can cause a major accident.
  • Driving while intoxicated or under the influence of drugs is dangerous anywhere on the road. These are the types of drivers who often enter freeways going the wrong way, which can lead to serious crashes.
  • Overtired motorists are as dangerous as intoxicated drivers. A fatigued driver may also not be able to maintain their lane or even fall asleep behind the wheel.

Obtaining Compensation Following a Major Accident Injury

Injured clients can hire an accident injury attorney to investigate the cause of and collect the evidence to support a compensation claim for damages. Our firm has handled countless cases of this nature and ensured that clients received compensation which can include the following:

  • Medical expenses: In addition to ambulance and physician bills, hospitalization, surgeries, tests and rehabilitation costs, you can recover all of those medical expenses caused by your accident. Expenses resulting from a longer-term injury will be included in your settlement.
  • You can recover your losses from being unable to work. As well as your salary, you also receive the recovery of benefits like insurance, pensions, tips and bonuses. Your injury may prevent you from returning to your old job or force you to accept a less desirable position. The difference in wages is recoverable.
  • Compensation is provided for pain and suffering. You may have also suffered emotional and psychological harm as well as loss of consortium, which is assigned a monetary value.

Sacramento Auto Accident Attorneys

I’m Ed Smith, a Sacramento car accident lawyer. When multiple vehicles are involved in a traffic accident and injuries occur, the injured party may want to file a claim to recover compensation. You are welcome to contact our injury lawyers for compassionate, free and friendly advice at (916) 921-6400. We can also be reached either online or at (800) 404-5400. We can set up a free review of your case, answer any questions you have and let you know about ways you can recover compensation.

Following is a sampling of how we have helped others in getting the compensation they deserve:

Among the exclusive clubs we are a member of are:

Five Injured in Car Accident on Byron Highway Near Camino Diablo

 

Five Injured in Byron Highway Collision

The California Highway Patrol (CHP) and the East Contra Costa Fire Protection District (ECCFPD) responded to a call of five injured parties in a head-on collision along Byron Highway on the night of Friday, March 18, 2022. The incident was initially reported as a car accident that blocked all traffic lanes and involved four to five vehicles. However, ECCFPD confirmed that it involved a total of three cars and resulted in injuries to five parties.

Details on the Head-On Collision on Byron Highway That Left Five Injured

A preliminary report revealed that an Acura was headed northbound on Byron Highway while another car was traveling southbound. For unknown reasons, one of the vehicles allegedly veered over the yellow line and collided head-on with the other. Officials indicated that a third vehicle was involved in the head-on collision, but details on the area of impact have not yet been released.

Two parties were transported via air ambulance to the hospital for immediate treatment. Authorities indicated that one party sustained injuries described as a comminuted leg fracture. Information on the second party’s condition was not immediately available, but CHP traffic officers reported that they were trapped inside a vehicle. Fire crews were prompted to utilize the jaws of life to extricate the trapped occupant.

Two other parties were taken by ground ambulance to area hospitals. Details on the type and extent of their injuries have not yet been released by officials. It was unclear whether the fifth party injured in the head-on collision was hospitalized for their injuries. An investigation into the head-on collision on Byron Highway near Camino Diablo is ongoing by CHP traffic officers.

Is There Enough Insurance to Cover Damages in a Car Accident?

In California, drivers are required to carry liability coverage that meets the state minimum limits. These include $15,000 per injury or death to one individual or $30,000 per motor vehicle collision. Property damage has a minimum limit of $5,000 in coverage. With this information in mind, it is without a doubt that state minimum auto coverage limits may leave injured parties with little protection. This is especially true in the case of multiple parties with injuries requiring air or ground ambulance transportation for emergency treatment. Costs of an emergency room visit alone may be staggering, and when one individual has been found to be entirely at fault for the incident, the limits of their bodily injury liability coverage must be allocated among all injured parties. This may be stressful and overwhelming, to say the least.

When a car accident involves injuries to several parties and insufficient or no liability coverage may be an issue, an injured individual may turn to their insurance policy if they carry uninsured and underinsured motorist coverage. This type of insurance is optional to carry in California but is essential to have in the event of a motor vehicle crash causing traumatic injury. UM and UIM coverage may provide protection up to the limits of the insurance policy. While this is a first-party insurance claim, it is crucial for claimants to keep in mind that their insurers are also capable of using defense tactics against them as a way of getting out of paying fair compensation on an injury case. That is because insurance companies are focused on protecting their bottom line, and that is often accomplished through downplaying the value of a claim or outright denying it.

Retaining legal counsel is essential in a head-on collision case involving serious injury. Having an accident attorney at your side throughout the claims process will ensure your rights and interests are protected. Insurance companies may be difficult to work with and often offer injured parties lowball settlements as a way of settling their cases quickly. The unfortunate reality is that an initial settlement offer from the insurer will be far below what an injured party needs to put the crash behind them. An experienced injury lawyer will work diligently to build a strong case for fair compensation on your behalf. It may be challenging to find the best attorney to handle your car accident case as there are many to choose from in Contra Costa County. Fortunately, the video below contains tips and suggestions on how to find a top local lawyer to represent you.

About Our Law Firm

Seeking full and fair compensation for injuries and losses resulting from a head-on collision is often a challenging process. That is because at-fault parties and their insurance companies may dispute liability for the incident as a way of limiting their financial liability for resulting damages. Your Byron personal injury lawyer must have the experience, skills, and resources to build a strong case to present in insurance negotiations or in the courtroom to secure the successful resolution you deserve. At our law firm, we have handled cases like yours since 1982. We will stop at nothing to obtain the financial recovery you need to move forward with your life. Get started today and schedule a free case evaluation with a member of our team.

Car Accident Lawyer in Byron

I’m Ed Smith, a Byron car accident lawyer. Getting into a traffic collision may be stressful, particularly when injuries, medical bills, wage loss, and other losses are involved. One of the most crucial steps to make following the incident is to discuss your case with an experienced lawyer. At AutoAccident.com, our legal team offers free consultations and is available anytime to review the specifics of your case. Call today to get started with free, friendly case advice at (925) 428-5220 or (800) 404-5400.

Finding the best attorney to handle your case often requires research that involves reviewing client ratings and comments. Ours is available for your reference at the following links:

Retaining legal counsel with years of experience in California personal injury law and a history of successful settlements and verdicts is essential to the outcome of your case. At our law firm, we have worked hard to secure favorable outcomes on behalf of our clients. In recognition of our work, we have been invited to join the Million Dollar Advocates Forum and the National Association of Distinguished Counsel.

Motorcyclist Fatality at Santa Rosa Intersection

Motorcyclist Fatality at Santa Rosa Intersection

 

Rider Loses Control of His Motorcycle on Bicentennial Way

A motorcyclist fatality was reported in Santa Rosa recently after a collision into a light pole. The accident occurred around noon along Bicentennial Way at its intersection with Mendocino Avenue. When officers with the Santa Rosa Police Department arrived, they discovered a motorcyclist in his 50s lying near a Harley-Davidson in the road. Although he was transported by medics to a hospital, he was declared dead after a short while. 

Rider Was With a Large Group of Motorcyclists When Fatal Accident Occurred

The investigators into the crash determined the rider was with a large group of bikers who had gathered for a ride or unknown event. The motorcyclists were riding along Mendocino Avenue northbound and then turned east onto Bicentennial Way. This is when the deceased rider lost control of his cycle and struck a light pole. Police say that alcohol consumption didn’t appear to factor into the fatal crash. 

Police Seek Second Rider at Scene of Motorcyclist Fatality

Investigators into the cause of the motorcyclist fatality accident say another motorcycle might have been involved in the collision, but the rider left the scene. They are seeking this man, described as white and husky to medium build. He was last seen in a black helmet with a silver design, backward hat, tan vest, and brown camouflage shirt and was riding an Enduro motorcycle with a white front fender and yellow gas tank. The rear fender may have been a faded blue.

Information Sought From Public

The deceased motorcyclist’s identity was being withheld until notification of the family. Police in Santa Rosa urge community members who might have information to contact Officer Ferrigno (707) 543-3636, who is an investigator into the incident, or use the tip line at www.srcity.org/CrimeTips

A Motorcyclist Fatality or Injury Accident Doesn’t Just Happen

Motorcycle accidents always happen for a reason, especially when it involves an injury or fatality. In some cases, the rider has been negligent by being distracted, speeding or for other causes. In others, an outside influence led to the motorcyclist fatality, such as those below:

  • Defective parts: A cycle that has a defect such as in the brakes, steering or acceleration can lead to a motorcyclist fatality. This is why it is important to retain the motorcycle following a collision. In this way, it can be examined to determine if a defective part was the cause. If it was, a product liability lawsuit can be placed by the injured party or grieving family against the manufacturer and others in the production line.
  • Roadway hazards: Because motorcycles are more sensitive to road conditions, poor maintenance of the roadway can cause a serious or fatal crash. Anything from gravel or debris in the roadway to a pothole or upheaval in the pavement can cause a serious collision. The government entity charged with maintenance may be liable in these cases. However, because the timeline to file is short, looking for help from an injury attorney may be a good idea. The initial claim must be filed within six months. The government entity has up to 45 days to respond. If the claim is rejected, the injured party has an additional six months to file a lawsuit. Should no answer be received, they have up to two years to file.

Sacramento Motorcycle Accident Attorney

I am Ed Smith, a Sacramento motorcycle accident attorney. Motorcycle accidents often cause serious trauma or result in a fatality. If this happened to you or your family and a negligent person or entity was involved, call us at (916) 921-6400 for free, friendly advice to see if you can file a claim. We can also be contacted at (800) 404-5400 or online. One of our injury lawyers can arrange a free consultation virtually or in-person to look over your case, answer any questions you might have and tell you about options to recover damages.

Find out how our team of injury lawyers has assisted others in obtaining fair compensation for their accident injuries at the links that follow:

It is a real honor for us to belong to the associations that follow:

Corning Car Accident Injures Two Teenagers

Corning Car Accident Injures Two Teenagers

 

Accident on I-5 Causes Rollover 

Two teenagers were hospitalized following a rollover accident along southbound I-5 on March 23. The collision occurred in Corning near South Avenue at about 1:55 a.m. when the 19-year-old driver, a Roseville resident, made an unsafe turn which caused the Honda CRV to roll over and crash into a dirt embankment. An 18-year-old female passenger in the vehicle, also from Roseville, suffered major injuries and was taken to Chico to Enloe Medical Center by medical helicopter. 

Multiple Teens Transported to Hospitals Following Car Accident

Another female passenger, age 15, reportedly suffered major injuries in the car accident and was taken to the same hospital by ground ambulance. The driver and a male passenger, age 15, suffered minor injuries. They were transported to St. Elizabeth Community Hospital in Red Bluff for further medical evaluation. The California Highway Patrol (CHP) in Red Bluff is investigating the cause of the accident. Whether drugs or alcohol were a factor in the collision is unknown.

What Are the Causes of a Rollover Car Accident?

Driver error is the main cause of a rollover accident. However, the type of vehicle being driven can greatly increase the risk of a rollover. Light pickups, vans, and SUVS are more likely to experience a rollover due to their high centers of gravity. Other causes include:

  • Speeding is a major cause of a rollover car accident.
  • Distracted driving can include chatting with passengers, texting or reaching for the radio dial.
  • Fatigued driving can lead to a car accident when it is late and the driver is tired.
  • Impaired driving, such as alcohol or drug consumption, can cause a rollover accident. 

Auto Defects as a Cause of a Rollover

Auto defects such as in the accelerator, brakes or steering can lead to a rollover accident. An accelerator that sticks, brakes that fail or steering that locks can be the cause of a car accident. This is one of the reasons it is important to keep the vehicle after a collision. In this way, it can be examined for auto defects. If one is found that caused the rollover, a claim may be placed against the manufacturer through filing a product liability claim

Crushed Roof in a Rollover Car Accident 

One of the major concerns in a rollover is that roof crush may occur. Although automakers are required to provide their vehicles with roof strength to support 3 ½ times the vehicle’s weight, not all of them comply. When a vehicle rolls and the roof caves in, it can result in traumatic brain injuries and other serious trauma. This action also reduces the survivability space inside the vehicle. When roof crush occurs, the manufacturer can again be held liable.

Insurance Can Pay for Injuries in a Car Accident 

Many Californians carry an add-on policy for uninsured/underinsured drivers. This policy may be used by someone who has suffered a car accident injury to pay for their medical bills. If the injured party does not carry this add-on policy, and a family member does, theirs can be used instead. It will not affect the rates in the future. 

Roseville Personal Injury Attorney

I’m Ed Smith, a Roseville personal injury attorney. When negligence by a driver resulted in your injury, you may be able to place a claim and recover compensation. Give us a call for free and friendly advice at (916) 921-6400 or (800) 404-5400. An online form to get in touch with our injury lawyers is available too. We can set up a free consultation with no obligation on your part in which your case can be reviewed, questions answered and we can tell you what options there are to recover damages.

We are proud members of the following:

Our injury lawyers have helped many people over the years in obtaining the compensation they deserve. Examples of how we’ve helped others can be found at the following links:

Lawyer: Vehicle mask exemption must be clarified

 Rishard Khan

rishard.khan@guardian.co.tt

Throughout the pandemic, there were many incidents stemming from a difference in the interpretation of the Public Health Regulations.

From private property debates to people charged with breaching the curfew while still in the confines of their premises.

However, the latest amendment to exempt people from wearing masks in a vehicle occupied by family members can potentially create a similar discrepancy.

Under regulations 5 (b) & (c), the exemption is given once it is occupied “members of the same family.”

However, the family structure is very complex depending on a person’s circumstances. For instance, there are people who may have gotten married but did not change their surname or their permanent residence on their identification card or drivers’ permit.

But then how does someone furnish proof?

The regulation does not say if marriage certificates, bills and payment records need to be kept on hand to avoid a ticket. It also does not say how it will apply to those who may be in a common-law relationship or live-in partners. Suffice to say there is a myriad of circumstances that can present and be difficult to determine if they are family “of the bat” as is said in local parlance.

It’s a problem attorney Martin George also acknowledged arises from the regulation in its current form.

“It really, I think, lends itself to more obfuscation than elucidation in the circumstances without their being any definition whatsoever,” he said.

He said the best option is for the Government to rework the regulation and provide a clearer definition.

In light of this ambiguity TTPS public information officer, ASP Sheridon Hill, admitted that enforcing it will be challenging. However, he said, police will use their discretion to do so.

“It could be challenging for us in different situations but as police officers, we are responsible. We use our discretion, we analyse the information, the evidence that’s presented to us and our decisions are based on that. If we get information that convinces the police officer that is dealing...with the particular situation, they will weigh those factors, take it into consideration and once they are convincing evidence or information– the officers will not prosecute,” he told Guardian Media.

“I can’t guarantee that is going to happen in every situation but our officers, we are intelligent, we are experienced and we will use our discretion and weigh the evidence presented to us before we make a decision to prosecute,” he added.

In the absence of any clarification from the policymakers, George said police should give the benefit of the doubt to the citizens.

“I think the confusion will persist, however, I would expect that those who seek to enforce the law will probably err on the side of caution because, in the case of ambiguity, the doubt must be in favour of the citizen as opposed to the state seeking to impose any penalty or punishment for breach of the law,” he said.

Should a person feel they were wrongly ticketed, Hill said they can seek redress through the court.

“You present your evidence to the court and the court will make a determination. Just like if a police officer gives someone a ticket and they want to challenge the ticket,” he said.

However, George noted the responsibility lies with the state to prove a person’s guilt and not for the person to prove their innocence.

“The State is the one seeking to make the claim or seeking to press a charge, then the burden of proof really is on the state in that circumstance. Of course, nobody wants to go through the process of having to either contest the ticket or have to pay the court to defend one’s self for something as minor as this in the circumstances,” he said.

Guardian Media reached out to Attorney General Faris Al-Rawi yesterday for clarification.

However, an explanation wasn’t given up to late yesterday. Acting Commissioner of Police McDonald Jacob could not be reached either.

Attorney Wheeler indicted, law license suspended

Russellville attorney Stewart Wheeler was indicted Friday by a grand jury meeting in Logan County and his law license has been suspended after allegations surfaced that he misused funds meant for clients.

The indictment, which was announced by the Kentucky Attorney General’s Office, charges Wheeler with a count of theft by unlawful taking ($10,000 or more) and a count of theft by unlawful taking ($1,000 or more but less than $10,000).

Attorney Wheeler indicted, law license suspended | News | bgdailynews.com

The charges carry a maximum combined penalty of 15 years in prison.

Wheeler, 68, is set to be arraigned April 14 in Logan Circuit Court.

A day before he was indicted, the Kentucky Supreme Court suspended Wheeler’s law license after receiving information that he was under criminal investigation.

The Supreme Court’s order calls for a temporary suspension of Wheeler’s license and restricts him from handling any client funds currently in escrow accounts belonging to him or his law firm, which is based in Russellville.

Prior to the announcement of the indictment, a message was left with Wheeler’s office Friday seeking comment. He did not respond to a subsequent email requesting comment.

The Supreme Court’s order contains allegations that Wheeler used cashier’s checks to “siphon funds from accounts.”

The Kentucky Bar Association’s website lists Wheeler as a former member whose membership has been suspended for disciplinary reasons.

Wheeler, who gained admission to the bar in 1979, intended to resign his membership, according to the Supreme Court’s order.

Wheeler’s suspension had been sought by the state bar association’s Inquiry Commission, which is appointed by the state Supreme Court to receive and process complaints from any source who alleges professional misconduct by a lawyer.

The Inquiry Commission petitioned the court to suspend Wheeler’s license after being informed in October of the criminal investigation by the attorney general’s office.

The court concluded the commission “demonstrated probable cause exists to believe Wheeler has misappropriated client funds.”

According to the order, Wheeler “conceded some guilt” in his response to the commission’s petition.

“But he insists that he has not maliciously committed any wrongdoing and that he has taken steps to rectify his admitted mishandling of funds,” the court’s order said.

The alleged misuse of funds took the form of using cashier’s checks as payments to third parties, then returning the checks to the bank and marking them as “not used,” according to the court’s order.

“There is no proof yet in the record these checks were even sent to the ostensibly intended recipient,” the order said. “He then deposited the checks into a different account and used the funds for personal benefit.”

The order notes that transactions associated with three clients have come under scrutiny.

The court’s order features an allegation that Wheeler misappropriated $207,000 of a $300,000 settlement he obtained for James Simmons, a client he represented in a personal injury case.

Instances of alleged misappropriation of those funds listed in the order include $38,000 to Wheeler’s wife to fund a vehicle purchase, $37,000 to Big Boy Auto Sales, $6,452.32 to Mercedes Benz Financial Services, $18,302.42 to the U.S. Treasury and $3,644 to the Kentucky Department of Revenue.

Indeed, the Inquiry Commission states there is no indication from Simmons’ bank records that he financially benefited from the settlement at all,” the Supreme Court said in its order.

Wheeler denied wrongdoing in that instance, saying Simmons was a close family friend who had no interest in the settlement money for himself and wished Wheeler to use it for the benefit of the attorney’s son and daughter.

Wheeler also asserted that Simmons, who had to live in an assisted living facility due to his injury, could not accept the funds and still accept Medicaid benefits, according to the order.

Another allegation focuses on a trust established in the name of the late Margie Gibbs, a former client.

Wheeler settled two probate cases totaling $148,577.91 while representing Gibbs.

On the day he became executor of Gibbs’ estate in 2017, Wheeler closed out some of her bank accounts and the bank issued a $4,498.96 cashier’s check to Wheeler, who used $900 of it to buy another cashier’s check for an unrelated client, according to the order, which adds that the remaining funds from the check were cashed out and are unaccounted for.

Wheeler is also alleged to have received $14,174 from the Gibbs trust account by two withdrawals made payable to him and a cashier’s check made payable to Price Funeral Home for $5,824, which was then deposited into Wheeler’s escrow account with “not used” written on the endorsement line.

“These funds were then used to pay off Wheeler’s loans and credit cards,” the court’s order said.

A $60,000 trust set up by Wheeler to benefit Gibbs’ disabled great-grandson is alleged to have been another money source for Wheeler.

The Inquiry Commission alleged that Wheeler personally benefited from that account to the tune of $43,531, while the legal guardian of Gibbs’ great-grandson has received just $7,600 from the account.

The commission also alleged that Wheeler withdrew $10,000 from the trust to repay a personal loan he made to himself from his escrow account, siphoned off another $14,000 via cashier’s check to make two credit card payments and used a third cashier’s check in the amount of $6,000 from the trust to help pay for a furniture set.

Wheeler admitted “inadvertently commingling” some funds from the Gibbs account with his own, but denied any other wrongdoing in that instance.

Further allegations involve the son of another former client, the late Gary Hines.

As a result of a dispute between Hines’ heirs, $78,450 was deposited into a Wheeler escrow account associated with Hines.

A $30,000 cashier’s check was issued from that account by Wheeler and made payable to Hines’ son, but it is alleged that Wheeler misappropriated $18,320 of that money by making cashier’s checks payable to Hines’ son, marking them as “not used,” depositing them and repurchasing new cashier’s checks for smaller amounts.

Wheeler asserted he lacked authority to deliver the checks to Hines’ son and that the case involving Gary Hines’ estate had been settled.

The order notes transactions totaling $342,990 received by Wheeler from Kevin Robertson and Big Boys Auto Sales 2.

Several checks made by Robertson to Wheeler had the names of various Wheeler clients on the memo line.

“Wheeler asserts that Robertson would advance retainer fees on behalf of clients who could not afford to pay,” the Supreme Court’s order said. “In return, Wheeler would sign a promissory note agreeing to repay Robertson if any clients defaulted in paying him back.”

 

 

4 Ways a Georgia Car Accident Lawyer Can Help After a Wreck

The immediate aftermath of a car wreck can be overwhelming, painful, and confusing. The accident can leave you with physical and mental injuries. There are many questions victims of a car wreck try to ask themselves to find justice.

The most common one is whether to look for an auto accident attorney or not. You might wonder if hiring an attorney after a mishap is necessary.

Hiring an auto accident attorney after a car wreck may be necessary. Accident attorneys play a crucial part. For instance, after an automobile wreck, an experienced accident attorney can work to ensure you get fair compensation or no one violates your rights if the matter goes to court.

When to Hire an Auto Accident Attorney After an Automobile Wreck

Not every vehicle accident needs a lawyer. If you are in a minor accident and do not sustain injuries or damages, it is not necessary to hire an attorney. However, if you suffer significant damages and injury from an automobile accident, it would be best to speak to a lawyer.

Before you seek help from an auto accident attorney, there are several things that you require to do first, including:

  • Contact the police
  • Seek medical help to receive treatment for the injuries you incur
  • Inform your insurance company

Ways a Georgia Car Accident Lawyer Can Help After a Wreck

Following a car accident, while much relies on the complexity and specifics of the incident, in general, an auto accident attorney can:

Negotiate the Fair Compensation You Deserve

After a wreck, there is a lot of investigation and work required to help you make a successful claim. An automobile accident attorney will help you gather all the necessary information as evidence to help you successfully file a claim. For instance, an experienced Acworth car accident lawyer can help you:

  • Investigate every detail of the accident
  • Gather relevant information like proof of damages, witness statements, police reports, and more
  • Negotiate with the insurance company to help you get a fair settlement
  • File a lawsuit in case the insurance company fails to negotiate

Represent You in Court

Many people resolve their car accident cases without going to court. They often prefer this route to avoid wasting time and resources to resolve the matter in court. Though an attorney can negotiate with the insurance company to ensure a fair settlement, you can only solve some car accident cases in court.

If you choose to file a lawsuit after an auto accident wreck, hiring an auto accident comes with several benefits. Your attorney will fight ruthlessly to ensure no one violates your rights. They will also work to ensure you easily navigate the complex court process.

Offer Valuable Legal Advice

An auto accident lawyer in Georgia knows the state’s shared fault rules and how they can affect you if the cause of the accident is due to your negligence. They will inform you about the statutes of limitations(time limits) that can prevent you from filing a court case against the party at fault.

Cover the Legwork

There is so much work to negotiate an auto accident insurance settlement successfully. Auto accident lawyers regularly deal with many different claims; they know all tactics an insurance company can use to prevent you from getting a fair amount.

A car accident attorney will obtain the necessary information and evidence that they will use to prepare and present your settlement demand letter to the insurance company. If the case goes to court, your attorney will take care of all the paperwork processes you require to file a lawsuit.

Final Thoughts

There are many more reasons you should seek legal advice after a wreck. Contacting an experienced attorney in Georgia as soon as possible after an auto accident is crucial if you do not want to make costly mistakes. Also, knowing that your future is in the hands of experts can alleviate some of the stress you feel during the lawsuit.

 

With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.

Should I Talk to a Lawyer Before the Auto Insurance Agent?

 Hiring a lawyer is not something everyone might think of right away after a car accident. However, not everyone realizes how many insurance agents take advantage of customers who are unaware of their legal options. Some insurance companies will wrongfully deny or delay compensation. If this happens to you, consider asking a Jackson car accident attorney for guidance.

Should I Talk to a Lawyer Before the Auto Insurance Agent?

Reasons to Consult a Lawyer

Many people wonder whether they should consult with a lawyer before contacting the auto insurance company. This often depends on the complexity of the car accident.

When it comes to taking certain steps following a car accident, some accidents are straightforward and pose no issues. Clear evidence does not often require legal assistance.

However, complex car accidents with less evidence may lead to various difficulties with filing your claim. In other instances, people may find themselves dealing with an insurance agent who is using deception. Some auto insurance agents will attempt to confuse customers, delay claims, or deny compensation for unwarranted reasons.

The most common reasons to consult with a lawyer include:

  • When the auto insurance agent offers little to no compensation
  • Negotiations with the insurance company have failed
  • Questions about the car accident claim are left unanswered
  • Evidence is lacking for your claim
  • Severe property damages were involved

There are several benefits to working with a skilled lawyer. By contacting a Jackson car accident lawyer, you will have access to someone who can collect evidence and file your claim on your behalf. Your lawyer can also explore various alternatives to taking the case to trial and can negotiate a fair settlement with the insurance agent.

A lawyer can communicate your needs from the settlement in effective ways. Lawyers are trained on how to negotiate with insurance companies to maximize the compensation offered to their clients.

Options for Your Personal Injury Claim

Do not panic if the auto insurance company denies your car accident claim. You can file a personal injury lawsuit in response to a denied claim. This is when an experienced lawyer can be extremely helpful. Not only can a lawyer conduct most of the investigation and paperwork for you, but they can also speed up the process.

An experienced lawyer will be able to help you prepare for each stage of the personal injury case, including:

  • Filing an initial complaint
  • The summons process
  • Discovery

In some cases, your lawyer might be able to help you avoid trial by filing a motion. A lawyer can file a motion to dismiss, a summary judgment motion, or a motion for default judgment. Alternatively, a lawyer can negotiate a settlement with the insurance agent before the case goes to trial. Mediation and arbitration are other options.

Multi-Vehicle Accident Attorney in Jackson

You may not have to fight for your personal injury claim alone. Contact the Germany Law Firm, PLLC today at (607) 487-0555 to talk to a Mississippi auto accident lawyer for a consultation. Our legal team might be able to help you obtain compensation for your medical expenses, pain and suffering, and lost wages.