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Do I Need a Medical Malpractice Attorney?

Do I Need a Medical Malpractice Attorney?

Medical malpractice or medical negligence can frequently result in the serious injury or death of a patient. In fact national statistics show that malpractice takes the lives of anywhere between 50,000 and 100,000 people every year. There are a number of different examples of malpractice. Some of which are:

* Failed diagnosis or misdiagnosis a disease or medical condition

* Delay in diagnosing or mis-diagnosing a disease or medical condition

* Failure to provide the correct treatment for a medical condition

* Unnecessary delay in treatment of a diagnosed medical condition

* Failure to obtain the consent of the patient

* A surgical or anesthesia related mishap during an operation

* Medication administration mistakes

Medical negligence is when a patient has been harmed by the actions, or the failure to make actions, of a doctor, nurse, hospital or clinic. Negligence even includes psychologists, psychiatrists, therapists, chiropractors, a nursing home staff and other medical providers. Medical negligence cases are complicated. They involve a combination of law, medicine, and science and can be challenging to win. To prove a case of negligence a patient has to show first that a health-care provider acted negligently. After that a patient has to show that an injury was sustained. And thirdly it must be shown that they act of negligence was a deciding factor in causing the injury or damage to the person. Proving negligence requires the testimony of another doctor or health care provider to testify that the care given was not up to the standards of the medical community. Malpractice cases are often defended rigorously and are very complex to begin with. Because of this it is important to collect information early and that a victim of medical malpractice works with a personal injury attorney that they are comfortable with and have faith in to handle their case.

Medical Malpractice Requires Help From Skilled Attorneys

Once again, malpractice cases are complicated procedures and victims of medical negligence must have an attorney who has experience dealing with cases in this field. Victims of medical negligence often times do not have a vast amount of resources to directly take on the negligent parties. There are personal injury attorneys who know this and will make an effort to keep costs low. Some attorneys will only accept payment if a client is able to make a successful monetary recovery from the irresponsible party. If a lawyer does this, you know that they believe in your claim and will work as hard as possible to make sure that you get a settlement out of the negligent party.

If you, or a loved one, have been a victim of medical malpractice or medical negligence you should act quickly as there may only be a short amount of time in which you can legally act. Contact a personal injury attorney right away to know your rights and what compensation you are entitled to.…

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5 Tips For Hiring A Good Chapter 7 Lawyer

5 Tips For Hiring A Good Chapter 7 Lawyer

Have you decided it’s time to file bankruptcy? If so, the very first thing you will need to do is hire a reputable Chapter 7 lawyer. These special attorneys are skilled in understanding the various details of this specific filing.

It’s true almost all bankruptcy attorneys handle both Chapter 7 and Chapter 13, but each of these is marked by specific details. That’s why it’s probably a good idea to hire someone who is trained in one or the other – whichever you need to file.

How do you find the right person for the job? Here are five areas to focus on.

1) Experience. The first crucial item you should look for is how long has the attorney been in practice and how many specific Chapter 7 cases has he or she has handled. They will know when is the best time to file, what is the best way to file, and many other precise procedures that will need to be adhered to in the federal court process. This sort of experience can only be gained through years of practicing the law.

2) Organization. If you go into the court system without having all of your paperwork organized, you may discover you may not even qualify to file. This is where a good Chapter 7 lawyer would certainly prove the most beneficial. Organized paperwork and a little research will also help obtain the very best representation possible simply because you’ll know what you need for your case. It also helps you save time and money because you’ll spend less time paying your attorney for his or her services.

3) Interview. Speak with your Chapter 7 lawyer before you ever consider hiring them. Ask them every question you can think of – the harder the better. There should be a comfortable feeling about abilities between you two and with the whole staff.

4) Finances. This is vital because you’re probably filing bankruptcy in the first place because you’re challenged financially. Always remember, even though you will need to spend money on an attorney initially, in the long run it will definitely save you money.

5) Focus. It can’t be stressed enough how important it is for you to focus on hiring only a Chapter 7 lawyer. One who can handle these cases will most likely advertise they can. If this isn’t their expertise, they probably won’t say they can in their advertisement. Stick with those who say they have experience in this particular area, and you’ll be fine.

If you feel uneasy about asking your friends for a referral or even checking online, a good place to find a Chapter 7 lawyer is your local bar association. They will be able to tell you if your choice of attorney is in good standing. Armed with this information, you can then feel free to begin your interview to see if he or she is the right fit for you.…

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Tax Relief Attorney

Tax Relief Attorney

Caught in a quarrel with the dreaded IRS? Whether it be an audit, a tax bill you simply cannot afford, or even a dispute over a certain amount of tax owed, you must seek qualified help. Hiring a tax relief attorney offers not only relief from taxes, but a variety of valuable services to ensure that every angle of your case has been acknowledged and addressed. It is vital that there are no loose threads when taking care of the IRS, and a tax relief attorney is a great way to ensure clearing up problems with payroll, corporate, estate, property, capital games, personal income tax, and also deduction issues.

Other services that a tax relief attorney can provide as far as services go include protection from your IRS errors, translation your tax liability into understandable language, help you file and amend a tax return, deal with the IRS lien or levy, or perhaps negotiate an offer in compromise. A tax relief attorney can also help you manage corporate tax or bankruptcy issues, resolve problems involving personal income or property tax, even bankruptcy issues. In addition to those services, they can also protect your assets by helping you recognize and avoid potential tax traps, manage convoluted business transactions, and help you communicate with the tax authority effectively.

Such an attorney is also helpful in advisement because they can give you feedback, identify your weakness in your legal position, catch devastating errors, draft legal papers, and most important, represent you when you are in over your head. No matter what your situation, a tax relief attorney can help you.…

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Cancellation of Indebtedness Income and the New Regulations

Cancellation of Indebtedness Income and the New Regulations

Imagine taking out a loan and making regular and timely payments on the loan until an unforeseen circumstance occurs such as a job loss or personal illness. You notify your lender and explain your circumstances. Fortunately, the lender agrees to forgive a portion of your loan. However, you discover when you file your yearly income tax return that the amount of the loan that is forgiven is considered income and taxable. This is called cancellation of indebtedness (“COD”) income, an unsuspecting result that we should all be aware of especially in the current economic climate.

Under section 108 of the Internal Revenue Code and subject to a limited number of exceptions, amounts resulting from the discharge of indebtedness (that is amounts resulting from loan forgiveness) are included as part of a taxpayer’s gross income. The exceptions to this rule include indebtedness discharged (1) according to a bankruptcy proceeding, (2) when the taxpayer is insolvent, (3) by non-corporate taxpayers if the debt was incurred or assumed by the taxpayer in connection with real property used in a trade or business and the debt was secured by the real property, or (4) that is qualified principal residence indebtedness which is discharged before January 1, 2013.

New COD Income Deferral Rules

On August 11, 2010, the Treasury Department and IRS released two sets of temporary regulations concerning the rules under Internal Revenue Code section 108(i) regarding COD income incurred by C corporations (see T.D. 9497 and REG-142800-09) and S corporations or partnerships (see T.D. 9498 and REG-144762-09) with respect to reacquisitions of applicable debt instruments made in 2009 or 2010.


Provisions in the American Recovery and Reinvestment Act of 2009 (as codified in Internal Revenue Code section 108(i)) allow certain taxpayers that reacquire certain debt instruments in 2009 and 2010 to elect to include certain COD income ratably over 5 years beginning in 2014. The taxpayer may reacquire its own debt or have a related party acquire the debt. The debt can be acquired for cash, exchanged for new debt or equity, contributed to capital, or forgiven.

An applicable debt instrument is a debt instrument issued by a C corporation or any other person in connection with the conduct of a trade or business by such person.

If an entity that made the election were to liquidate, sell substantially all of its assets, or otherwise cease all business operations, the COD would be recognized at that time. Similar acceleration rules would apply to a partner or S corporation shareholder that transferred an interest in a partnership or S corporation that had elected deferral. Additional rules would apply to partnerships.

On August 17, 2009, the IRS issued Revenue Procedure 2009-37 to provide rules and procedures for making an election under the new code section 108(i). The IRS added that additional guidance may be released including treasury regulations addressing issues in the revenue procedure, and the regulations may be retroactive. The revenue procedure provides:

– Taxpayers making the election are to provide additional information on returns beginning with the year following the year in which the election is made.

– Partnerships the flexibility to make the election on a partner-by-partner and debt-by-debt basis.

– An automatic 12-month extension from the due date of the election for making the election under Treasury Regulations section 301.9100-2(a)

– Procedures by which a taxpayer may make a protective election under Internal Revenue Code section 108(i).

The Temporary Regulations

C Corporations

The temporary regulations relating to C corporations generally reflect a narrower interpretation of the statutory acceleration events and rather focus on events that impair the ability to pay the tax liability associated with deferred income. These temporary regulations do not require acceleration in every instance but apply rules in three situations when corporations have impaired their ability to pay their tax liability. These three instances are:

– When the electing corporation changes its tax status.

– When it ceases its corporate existence in a transaction to which the rules relating to the carryover of attributes in certain corporate acquisitions of Internal Revenue Code section 381(a) do not apply.

– When it engages in a transaction that impairs its ability to pay the tax liability associated with its COD income.

Partnerships and S Corporations

A second set of temporary regulations were issued regarding to the application of Internal Revenue Code section 108(i) to partnerships and S corporations that have made this election. The acceleration rules that apply to partnerships and S corporations differ from those that apply to C corporations, and include the following:

– Rules determining if a sale by an electing partnership or S corporation of some, but not all, of its assets constitutes a sale, exchange, transfer, or gift of substantially all of its assets.

– Rules for …

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How to Lower Your Property Taxes – 6 Proven Tricks

How to Lower Your Property Taxes – 6 Proven Tricks

It is definite that when you know how to lower your property taxes, you will also have learnt how to lower the value of your property. Taxes are calculated in regard to the value of the property and it is quite important that you learn how to handle this issue. You realize that sometimes you are not just having that extra money to pay the tax collector yet you still have to pay it once it has been charged.

There are six proven tricks that you can take into account so that you learn how to lower your property taxes. Paying taxes is a legal responsibility of all of us but we need to be smart that we never miss on important components that can help us save. Never pay extra taxes when you have tricks that can help you avoid the over payments.

6 ways to lower property tax

1. First of all, you would need to have an understanding on how the values that are used to calculate your taxes are reached at. There are different systems that are applicable to different properties so you ought to be keen when you are checking on this. Maybe, you may have to check with the authorities on how they get to the figures. From here, you can proceed for better rates.

2. You would need to try and touch base with your property assessor. You know, ideally your property is assessed before it is valued and tax is calculated on it. So, you have to check what you assessor has to be able to verify that it is giving you the advantage. You may have to look at the property card that this assessor would have and the indicators on it like size of property, details like number of bathrooms etc.

3. Then, you would need to double check that the description given is accurately arrived at. Many assessors love shortcuts and you should ensure that you are not a victim of their shortcuts. You may need to have them physically do the assessment and not just approximate.

4. From what you will come up with at this point, you will then build up your case. You may need to consult with an expert so that you are able to get the best way forward on how to lower your property taxes. Your taxes should not overwhelm you and you have to ensure that you are checking into the rates for each of your properties.

5. Eventually, you may need to get a way of discussing with your evaluator on how to get your property taxes a little lower. You may have this happen informally but at least you would need to be sure that you have all the evidence with you to support your claims.

6. Once all of the above are set, you may them file the appeal. Because you are interested in getting help on how to lower your property taxes, it is quite important that you keep working closely with the attorney you will have engaged in point number 4 above. It should be able to work through these simple steps.…

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Expat Taxes May Be Lower But Require Extra Care

Expat Taxes May Be Lower But Require Extra Care

US citizens who move to a foreign country to reduce their living expenses often find that their expat taxes are lower than when they lived in the States, at least the taxes they must pay to the United States government.

That’s because the IRS allows hefty income exclusions for US citizens living overseas that can result in significant tax savings. The agency has specific rules governing income exclusions, however, and these rules are not always easy to understand. Due to their length and complexity, it takes hours just to read the IRS regulations for expat taxes.

What those regulations spell out is a generally favorable tax system for expats, but one that requires careful study and a thorough understanding.

The responsibility of a US citizen living abroad to file timely US tax returns never ends as long as that person retains their citizenship. The amount of expat taxes due depends to a great extent on the taxpayer’s ability to qualify for what is called the foreign income exclusion. The expat taxpayer must establish foreign residence by meeting the requirements of either the bona fide residence test or the physical presence test in order to qualify for the “tax free” income exclusion, which is currently the first $91,000 of income for expats.

Determining whether an American living in a foreign country can earn up to $91,000 “tax free” often requires professional expertise. A CPA firm that specializes in expat taxes is the safest bet for a US citizen living abroad who wants to minimize his or her tax liability while complying with all US tax laws.

One blog in particular, accessible and written by CPAs and legal professionals with extensive experience in Expat Taxes, is a valuable introduction to the complex world of tax liability for Americans living abroad.

Sometimes American expats wonder, “Why should I pay any taxes to the US at all if I’m not even living there?” It’s important to remember that as long as a person holds US citizenship, he or she still enjoys all the protections that go along with that citizenship, regardless of where they choose to live. With careful and informed calculation of one’s expat taxes, living abroad as a US Expat can prove to be a pretty good bargain for the savvy.…

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IRS Tax Attorney: For More Than Just the Beginning of the Year

IRS Tax Attorney: For More Than Just the Beginning of the Year

Anyone who works has to deal with taxes. Income taxes are filed at the beginning of the year, every year. Most people think that this is the only time they will ever need the services of an IRS tax attorney, but that isn’t always true. Tax lawyers, like every other lawyer, are available for help year round. And they can offer a lot more help than just filling out tax forms at the beginning of the year, though that happens to be their busiest season. Millions of people will flock to an IRS tax attorney during tax season to ensure that they are filing their taxes the correct way, they are getting all of the deductions they need, they are following all of the laws they are supposed to, or any of hundreds of other tax-related questions. During the eight and a half months that aren’t tax season, they are available to help with a variety of other questions that arise.

Any IRS tax attorney has to keep up with the latest tax laws. Anyone who has even glanced at the stack of tax law books can testify that that is a lot of information to take in. Every year, congress passes amendments, changes, and new laws to the existing tax code. Quite a bit of the time, these changes are directly related to the filing season of the next year. Consulting a tax attorney throughout the year can help prepare for this never ending cycle by giving advice on how best to handle financial transactions. Something that was the best thing to do one year as far as an investment may not be ideal in the current year. Changes in household size or income can affect taxes paid out also. Attorneys who deal with taxes can help make these decisions during the year.

Not everyone who files taxes receives a refund. Sometimes, a person filing may get hit with a rather large amount of money that they have to pay back to the government. Most people don’t have that kind of money just lying around to give to the IRS. An IRS tax attorney can help set up payment plans that fit the individual’s needs in order to be compliant with the government without breaking the bank. If things begin to look really bleak, tax lawyers can also help an individual (or company) settle their debt to the IRS. Much like any other debt, tax debt can be negotiated to a lower amount, saving the person paying a lot of money in the long run. Ask a lawyer if they can help consolidate and settle large tax bills in the off season.

The IRS has the ability to audit a person’s taxes when they are filed too. This can be a fairly scary thing to have to face. No one wants to detail everything they have made and spent during the year with a person who works for the government. An IRS tax attorney can help in this matter too. They can give advice to help expedite this process and ensure that no laws are broken when reporting to the auditing agent. Often, the attorney will appear on behalf of the person being audited, saving them the time and hassle of showing up themselves. This can be a tremendous help to anyone being audited.

An IRS tax attorney is an unsung hero of today’s society. If a person ends up having to pay taxes at the end of the year, it is often blamed on the attorney, yet if a large refund is paid out, the person who filed usually brags about how well they did. Tax lawyers don’t worry too much about taking blame for misfortunes happening. They are in the business to help insulate and protect people from the IRS. The most important thing to keep in mind though, is that they are there all year long. It is always best to utilize their services in order to remain protected, even if they aren’t given the credit for it.…