• Proving Liability in a Personal Injury Case

    Personal Injury Lawyer in Tracy When you consult a personal injury lawyer , he or she will begin building a strong case to help you obtain compensation for your injuries. One of the cornerstones of a successful personal injury lawsuit is proving liability. That is, your lawyer will need to prove that the other party is at fault for your injuries. Many personal injury lawsuits are filed on the basis of negligence, while others are based on strict liability or, less commonly, intentional wrongs.

    Proving Negligence

    Negligence is a common basis for personal injury lawsuits because many accidents occur when an individual fails to exercise reasonable care. For example, another driver may strike your vehicle if he or she was speeding and could not stop in time to avoid an accident. In this case, your accident attorney will argue that the other driver should be held liable for your injuries and the damage to your car.

    Evaluating Strict Liability

    Not all personal injury cases arise from car accidents. In fact, countless people are injured each year because of defective products or medical devices. If this applies to you, your injury lawyer serving Tracy can file a lawsuit based on the principle of strict liability. This area of tort law states that manufacturers and designers of products have a duty to ensure that their products are reasonably safe when used as intended. For example, if you undergo surgery and receive a transvaginal mesh implant, and that implant later erodes and causes painful complications, your lawyer could argue that the device was defective and led to your injuries.

    Proving Intentional Wrongdoing

    Occasionally, an attorney might file a lawsuit on the basis of intentional wrongdoing. You might be eligible to file this type of lawsuit if criminal charges are also pending against the other party. For example, someone may have assaulted you or a store detective may have wrongfully detained you. Although criminal charges may be filed in these circumstances, your lawyer can also file a lawsuit in civil court. The resolution of the criminal charges will have no bearing on the resolution of the civil case.

  • Why Estate Planning Is for Everyone

    It’s a common misconception that only the wealthy or those with children should participate in estate planning in Tracy . In fact, every adult can benefit from working with an estate planning lawyer, regardless of income or marital status. Estate planning lets your survivors know what your final wishes are. You can designate beneficiaries for your assets by creating a will. You could also work with a lawyer to create a living will, or advance directive, which lets your loved ones know what your medical preferences are in the event that you become incapacitated.

    For more information on estate planning, watch this video. This expert explains the basics of estate planning, such as setting up a revocable living trust, designating your beneficiaries for life insurance, and designating who will have power of attorney.

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  • Essential Tips for Estate Planning

    Estate planning is a complicated process. Consulting a lawyer regarding estate planning is the best strategy for ensuring that your beneficiaries are well taken care of and that your final wishes are carried out. Your lawyer in Tracy at Bakeirnk, McCusker & Belden can offer guidance regarding minimizing your heirs’ tax burden and ensuring that certain funds support your preferred purpose, among other estate planning strategies.

    Essential Tips for Estate Planning

    Consider Creating a Trust

    You probably already know that you can be as specific as you wish in your will. You can choose to pass on your collection of vintage bottles to your favorite niece, for example, or to give your nephew your car. However, when you designate assets to beneficiaries in your will , you cannot control how your beneficiaries will choose to spend those assets. If you have particularly young beneficiaries who may not necessarily be given to making sound financial decisions, your lawyer may recommend that you create a trust. You can choose to create a trust with funds that are earmarked specifically for your child’s college expenses, for example. You can designate a trustee to administer these assets after your passing. Your trustee will be legally required to make sure that your assets are only used in the manner in which you intended.

    Employ Tax Minimization Strategies

    By consulting a lawyer with regard to estate planning, you can develop strategies to minimize the tax burden for your beneficiaries. Estate and income tax can significantly reduce the amount that your heirs will receive after your passing. You can ensure that they are taken care of by designating tax-free funds to your heirs and leaving taxable assets to charities, if you wish. An example of a tax-free account is a Roth retirement account.

    Purchase Life Insurance

    Another way to reduce your heirs’ income tax and estate tax burden is by purchasing life insurance. Life insurance is not taxable on the state or federal level. This means that your estate would receive the full amount of life insurance. If your lawyer estimates that your beneficiaries might be required to pay $300,000 in taxes, for example, you could purchase a life insurance policy for that full amount to eliminate their tax burden.