The Ingram Firm, L.L.C.The Ingram Firm, L.L.C.2024-02-20T09:06:31Zhttps://www.ingfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1603403/2022/03/cropped-site-identity-32x32.pngOn Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473712024-02-01T20:08:28Z2024-02-01T20:08:28ZChapter 7 and Chapter 13 have different paths
Depending on a person’s situation, there are two primary avenues for getting relief through bankruptcy: Chapter 7 and Chapter 13.
Chapter 7 is called a liquidation bankruptcy. The name alone tends to make people pause before they move forward with the process. The idea of losing all their property can seem worse than simply paying whatever they can and hoping to eventually clear the debt.
In truth, people can retain much of their property after a Chapter 7. Most debtors who use Chapter 7 are listed as having no assets. This will be true even if they own an automobile. It could be exempt so the debtor can retain it. It is the same for other properties provided they are below a certain value. If a person has properties that are not exempt, they will need to be surrendered so the trustee can sell them and repay creditors.
With Chapter 7, the process is relatively fast. Unsecured debts like credit cards and medical expenses can be wiped out so the debtor will receive a new financial start. The benefits from Chapter 7 start immediately upon filing as there will be an automatic stay preventing creditors from making contact or initiating actions to collect on what is owed. The debtor must fulfill all the requirements including taking a financial management course and proving their income with the means test. After getting beyond these hurdles, the debts can be cleared in a matter of months.
Chapter 13 is not completed as quickly, but there are more options to retain property. It is for people who own a home, have automobiles and other assets they want to retain but would be lost in a Chapter 7. It is often compared to a consolidation loan where the debtor pays a certain amount they can afford over three or five years. Their income will dictate the duration.
This is beneficial because it can reduce what is owed to a level they can afford. The monthly payments are sent to the trustee who will distribute it to creditors. The person’s income is critical when filing for Chapter 13. The financial management course is mandatory with a Chapter 13. After the payments are completed, the debtor can receive a discharge. They can then move on without the onerous debt that had been looming over them.
Bankruptcy can restart a person’s financial life
A credit score will be damaged by a bankruptcy filing, but people need to think about how falling behind on their payments or being unable to pay what they owe was also damaging their credit. After bankruptcy, it is possible to slowly rebuild credit and get into a better financial situation. The bankruptcy will remain on the person’s credit report for seven years with a Chapter 13 and 10 years with a Chapter 7.
Regardless, the mental, emotional and financial relief that people experience after a successful bankruptcy filing can be worth any short-term obstacle that accompanies it. When thinking about viable strategies to reduce and eliminate debt, it is unwise to dismiss bankruptcy out of hand because it can be a useful path to getting on stronger financial ground.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473702024-01-19T20:00:33Z2024-01-22T19:58:27Zmedical malpractice case can bring you a sense of justice and much needed compensation to offset losses like medical expenses, rehabilitation costs, and lost wages. But the process can be more complicated than it seems.
While you’ll certainly have to gather and present compelling evidence in your case if you want to win, you’ll also want to make sure you’re not stepping into any pitfalls that could jeopardize your claim. Let’s take a closer look at some of those costly mistakes so that you know what you need to avoid.
Common errors made in medical malpractice cases
Although you might think that most unsuccessful medical malpractice cases simply don’t have legal sufficiency, the truth is that many denied claims are lost because of mistakes made by victims themselves. This includes:
Waiting too long to file a claim: Your medical malpractice case has to be filed within a certain period of time. If you delay too long in taking legal action, then you’ll be barred from pursuing your case, leaving you with nothing to show for the damages that you’ve suffered.
Neglecting to secure medical records: To succeed on your medical malpractice claim, you have to show how your medical provider breached the applicable standard of care. That can be hard to do if you’re unsure what actually happened to you. Your medical records can provide valuable insight, though, as medical errors might be clearly documented and you spot red flags of medical mistakes that ultimately led to your harm.
Consulting with the wrong experts: Expert testimony is usually necessary in a medical malpractice case. After all, you need someone from the medical profession to opine as to how the standard of care was breached and how it could’ve been easily avoided. But there are a lot of experts out there, so you need to choose yours carefully. If you don’t, then the jury might not find their testimony credible, especially if the defense offers their own expert testimony. So, take the time needed to thoroughly vet your options when it comes to expert witnesses.
Not understanding your case’s weaknesses: A lot of people who have been harmed by medical malpractice set out to get as much as they can from their medical provider. You should certainly fight for what you deserve, but you shouldn’t let your drive blind you to the weaknesses of your case. If you do, then you could pass up favorable settlement options for a trial, which could lead to a lower or even completely barred recovery. Therefore, you need to fully understand the strengths and weaknesses of your case before moving forward with your claim.
Don’t be your own worst enemy in your medical malpractice case
Your future is on the line in your medical malpractice case. If you mishandle your claim, then you could be left with a stunted recovery and unsteady financial footing. To avoid that kind of outcome, research the best way to build a medical malpractice case and figure out how to aggressively to apply the law to your set of circumstances.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473692023-12-12T21:27:10Z2023-12-06T21:25:58Zsteps are being taken to make the roads safer.
Changes will be made to enhance safety
With its Pedestrian Safety Action Plan, the objective is to change five areas of state highways so pedestrians and bicyclists will face fewer risks. These roads account for one-quarter of those that need to be changed. The Maryland Department of Transportation acknowledges the challenges in the current landscape by noting the worrisome spike in fatal accidents.
Pedestrian and bicyclist fatalities in 2023 have already surpassed the total for all of 2022. Some proposals include making traffic lanes narrower, reducing speed limits, ending right turns or red lights and improving crosswalks and sidewalks.
Statistics for the past five years show just how problematic the state roads are for pedestrians and bicyclists. The way in which people drive is often the catalyst for accidents. Being attentive and watching for drivers who are exhibiting signs of distraction or intoxication, are being aggressive or are plain reckless can be helpful, but it will not avoid all collisions.
The future can be challenging after a pedestrian or bicycle accident
After a pedestrian or bicyclist is injured in an auto accident, the priority is to receive medical care and try to recover. They also need to consider the long-term consequences, how much the care and treatment will cost, what type of work they will be able to do and how their family will be impacted.
Although it is a positive that state authorities are trying to mitigate the chances of pedestrian or bicycle accidents, the fundamental truth is that they will continue to happen leaving people wondering about their health and finances. The circumstances need to be assessed and evidence gathered. People in this situation will need answers and know what can be done to help them. Having a grasp of what options are available is key.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473662023-11-06T19:24:31Z2023-10-19T18:23:01Zreduce your risk of an accident this winter.
Prepare your vehicle for winter
First, make sure your vehicle is in good driving condition and properly maintained. Have your mechanic perform a thorough checkup of your vehicle, inspecting parts including your battery, tires, fluids, defrosters and heat and cooling systems. Install anything that helps protect you during winter driving, such as snow tires.
Next, stock your car with items designed for winter driving. Examples include blankets, flashlights, flares and jumper cables, as well as a broom, ice scraper and show shovel.
Do not forget food and water and make sure your cell phone is fully charged before you drive. This will help you drive in winter weather and provide you with security knowing you are prepared in case of an emergency. Sometimes weather conditions deteriorate as you are driving, leaving you with no choice but to pull over and wait out the storm.
Watch the weather and give yourself plenty of time
Pay attention to weather conditions. Always check the weather before you head out on the road and follow any advisory instructions. If there is a winter weather warning in effect encouraging drivers to stay off the roads, consider postponing or cancelling your trip.
When you do drive, give yourself extra time to get to your destination and do not speed. Driving at the speed limit when roads are icy could be considered negligent driving. The speed limits are designed upon the maximum speed you can drive on normal road conditions. Poor road conditions, such as icy roads, mean you should be driving slower.
Stay away from dangerous drivers
Finally, while you might drive at an appropriate speed, other drivers may not. Avoid drivers who appear to be speeding or driving recklessly. Many winter car accidents happen due to a vehicle losing control because they are driving too fast for conditions.
Slow down and let the reckless driver go by. Do not try to keep pace with them. If you cannot avoid them, pull over to a safe place until they are gone.
Sometimes no matter how safely you drive, an accident happens. You cannot control the other drivers on the road who may be driving drunk or distracted or engaging in other negligent behavior.
Exploring your options after a winter car crash
Being in an accident is a terrible event any time of the year, but it can be especially devastating when it is caused by icy roads during the holiday season. You have a legal right to compensation when your accident is caused by the negligence of another driver.
Obtaining compensation requires proving negligence. If you are successful, your compensation could cover medical costs, lost wages and emotional suffering.
You may be feeling confused, sad and overwhelmed after an accident on winter roads. Learning about your options for compensation and the steps to take can help you plan for your future while you heal and recover from your injuries.
]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473652023-10-03T16:51:45Z2023-10-03T16:51:45Zthe informed consent process. This is a process that allows you to make informed decisions about the type of care that you will receive.
Childbirth involves informed consent because there is always the potential for complications for the mother and fetus. It is crucial that the choices you make on procedures are made with full knowledge of the potential risks.
Talking with your doctor
The informed consent process involves a discussion, or series of discussions, with your physician, about the risks associated with any procedures you might undergo. In childbirth, this discussion usually involves some kind of surgery or the type of childbirth you choose, such as a vaginal childbirth or Cesarean section.
In addition to disclosing the risks of any treatment or procedure, your physician should tell you about the benefits, so you know exactly what to expect. You should be given clear instructions on what you must do to minimize the risks of a procedure and have an opportunity to ask questions and receive answers.
You can do your own research on the treatments or procedures being offered to you and ask your physician questions based on your research. Your physician should not dismiss your questions or refuse to answer them. You should not be given vague or incomplete answers.
How consent is given
Once you are fully informed of the benefits and risks of a certain treatment or procedure, you have the option to consent. Your consent should be both verbal and written. You will likely be asked to sign a document. The document should contain information about everything you discussed with your physician.
You can only give informed consent after an in-person or verbal conversation with your physician. You should never simply be given a form to sign.
You might be confused or unsure if you have properly given informed consent. If you have not had an opportunity to ask questions, you probably have not given informed consent.
Why informed consent is so important
When you have informed consent, you and your baby are less likely to sustain birth injuries. Many birth injuries occur due to miscommunication between a mother and their physician or negligence by the physician or medical staff.
Lack of informed consent is a form of medical malpractice, which occurs when a physician or healthcare provider performs below the accepted standards of medical care.
There is no guaranteed way to avoid birth injuries. Even if your physician does everything they can and you have given informed consent, birth injuries can still happen. This is why it is important to be informed about all your options and consent to the ones you feel have the most benefit and are a fit with your childcare preferences.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473592023-07-18T14:50:32Z2023-07-20T14:49:07ZTruck driver fatigue
There are several common causes of truck accidents. Truck driver fatigue is a huge problem. Truckers are on tight schedules and sometimes have unreasonable deadlines to meet.
Additionally, getting stuck in traffic can cause truckers to get behind schedule, resulting in skipping rest or meal breaks to catch up. This leads to fatigued driving, which increases the risk of an accident.
Distracted driving
Truckers, like many of us, can fall victim to distracted driving. There are several activities that qualify as distracted driving, including eating, drinking, talking to other passengers, listening to music or adjusting a navigation system.
One of the biggest forms of distracted driving involves the use of cell phones. Federal law requires truck drivers to only use their phones in hands-free mode.
Under this law, truck drivers cannot hold their phones to make a call, dial by pressing more than one button or reach for a cell phone if it would cause them to move out of their seated driving position.
Distracted driving is a major cause of truck accidents, whether the distraction comes from a cell phone or something else.
Improper training and poorly maintained trucks
Trucking companies have a legal duty to provide their workers with proper training on how to operate a large truck and to make sure their trucks are in safe working condition.
Truck drivers who are not properly trained are more likely to engage in unsafe or risky driving, putting other drivers on the road in danger. If truck drivers feel they do not have the required skills to drive their truck properly, they should ask their employer for additional training.
Trucks should be checked before going out on the road. Truck drivers or their employers should perform a basic inspection of the truck, checking parts such as the tires, engine and brakes.
Problems with the truck should be immediately addressed and the trucks should not be driven until the issue is fixed. Sometimes truck drivers will ignore required maintenance to stay on schedule.
You have options after a truck accident
If you are in an accident with a large truck for one of these reasons, the truck driver or their employer could be held liable for negligence. This means proving they failed in their legal duty to drive safely, causing your accident. You must also prove damages, which is the amount of harm you suffered because of the accident.
Filing a claim for negligence after an accident might be the last thing on your mind. There are professionals who can take care of this, while you focus on your recovery.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473582023-03-31T18:25:45Z2023-03-31T18:24:45ZSigns of drowning
Drowning can happen quickly and without warning, and it is essential to recognize the signs of drowning to save someone's life. The signs of drowning can be subtle and may go unnoticed if you are unaware of what to look for. Here are some signs of drowning to watch for:
Head tilted back with mouth open.
Gasping or hyperventilating.
Eyes glassy or closed.
Inability to speak or make any noise.
Arms moving in a circular motion under the water.
Legs vertical in the water, with little or no kicking.
Floating face-down or motionless on the surface of the water.
The importance of adult supervision
One of the most effective ways to prevent drowning is to ensure that an assigned adult is always watching the water. It is crucial to have an adult who can swim and is trained in CPR to keep an eye on children and non-swimmers while they are in or around the water. The designated adult should avoid distractions like cell phones, reading, or socializing to ensure that they are always alert.
Work together to watch the water
If you are at a gathering or event with a pool or any other water body, it is essential to work together with other adults to take turns watching the water. Designate a specific period for each person to keep a watchful eye on the children and non-swimmers while others can relax and enjoy the event. This strategy ensures that everyone gets a break and remains vigilant while keeping everyone safe.
Drowning is a preventable tragedy that can happen quickly and without warning. It is vital to know the signs of drowning and have an assigned adult watching the water to prevent it from happening. Remember, drowning doesn't come with screaming and flailing; it is silent and can happen to anyone, anywhere. By being aware of the risks and taking precautions, we can keep ourselves and our loved ones safe in and around the water.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473572023-03-03T06:25:27Z2023-03-03T06:25:27Z
Seek medical treatment promptly: Seek medical treatment as soon as possible after the accident to document your injuries and establish a clear link between your injuries and the accident.
Keep detailed records: Keep detailed records of all expenses related to the accident, including medical bills, lost wages, and other out-of-pocket expenses.
Document the accident: Take photos of the accident scene, the damage to your vehicle, and any visible injuries.
Hire a personal injury attorney: An experienced personal injury attorney can help you maximize your claim and negotiate a fair settlement.
Don't sign any settlement agreements without consulting an attorney: Settlements may not cover all your future expenses or lost wages.
Keep track of your pain and suffering: Keep a journal of your physical and emotional symptoms, as well as how your injury has impacted your daily life.
Don't give a recorded statement to the insurance company: The insurance company may use your statement against you in court.
Don't post about your injury on social media: Posts on social media can be used to discredit your injury claim.
Preserve evidence: Save any physical evidence related to the accident, such as clothing, damaged property, and medical equipment.
Be honest and cooperative with your doctor: Be honest and cooperative with your doctor to ensure that your medical records accurately reflect your injuries.
By following these steps, you can increase the value of your personal injury claim and receive the compensation you deserve. It is important to remember that every case is unique and it is always best to consult with an experienced personal injury attorney for personalized guidance.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=473562023-01-23T18:53:18Z2023-01-23T18:53:18Zbankruptcy exemptions to their fullest extent.
What bankruptcy exemptions are available to you?
The good news is that you can retain a significant portion of your property even after you successfully discharge your debts through bankruptcy. In fact, the following exemptions may apply in your case:
Homestead exemption: The homestead exemption allows you to retain up to about $25,000 in equity that you have built up in your home. This can allow you to secure new housing even after your bankruptcy is finalized.
Trade items: If you work in a trade and have tools and other equipment to help you perform your job, you can keep several thousands of dollars’ worth of those materials. This can even include things like uniforms, books and appliances that you use at work.
Household goods: You also have the ability to keep up to $1,000 in furniture and household goods. This could include anything from clothing to bedroom sets and even stereo and television equipment.
Qualified retirement plans: If you have retirement accounts like IRAs or state pension accounts, you can exempt those from the bankruptcy process. This helps ensure that you’re not behind the eight ball when it comes to your long-term savings.
Wildcard exemption: Maryland law also allows you to use what’s known as a wildcard exemption. This exemption allows you to remove any assets up to $6,000 in value from the bankruptcy process. Again, this is a great way to ensure that you have some financial stability once the bankruptcy process fully plays out.
There are other assets that can’t be touched during the bankruptcy process. For example, any child support payments that you receive can’t be touched, and most of any spousal support that’s paid to you is likely to be exempted. You can also protect your interest in any trusts whose property is untouchable by creditors, and health aids that are recommended by medical professionals are exempted without limit.
Are you ready to address your bankruptcy exemptions?
As you can see, there are a lot of ways to go about protecting your financial interests when pursuing bankruptcy. If you’re interested in pursuing the process further, you need to be diligent in learning how the exemptions apply to you and using them in a strategic fashion.
That’s easier said than done, of course, which is why many individuals who want to seek out bankruptcy protections do so with the assistance of a skilled legal professional. With that kind of help, you might be better positioned to more fully protect your interests.
So, if you want to learn more about the bankruptcy process, what it entails and what it can do for you, now may the best time for you to speak with an experienced bankruptcy attorney to more fully discuss the process and your options.]]>On Behalf of The Ingram Firm, L.L.C.https://www.ingfirm.com/?p=472782022-11-21T09:07:12Z2022-10-20T16:11:44ZWhat are the current personal bankruptcy options in the United States?
When it comes to filing for personal bankruptcy, currently, there are two main options in the United States.
The first option is Chapter 7 bankruptcy. Also referred to as “liquidation bankruptcy,” in a Chapter 7 bankruptcy, the debtor’s non-exempt assets are collected and then sold. The proceeds from the sale are used to pay off the debtor’s financial obligations in priority order. Once the proceeds from the sale run out, many of the debtor’s remaining debts are extinguished.
The second option is Chapter 13 bankruptcy. Also referred to as a “wage-earner’s plan,” in a Chapter 13 bankruptcy, the debtor, under the supervision of a bankruptcy trustee, will enter into a three- to five-year repayment plan. Periodic payments will be made under the terms of the plan, payments that are used to pay the debtor’s creditors. At the end of the plan, many of the debtor’s remaining debts are extinguished.
How would the Act change bankruptcy in the United States?
Proponents of the Act argue that minorities are often encouraged to file for Chapter 13 bankruptcy instead of the quicker Chapter 7 bankruptcy. Despite this, proponents of the Act argue, less than 50% of Chapter 13 filings are successfully completed. They also claim that Chapter 7 bankruptcy can be prohibitively expensive for many debtors.
Under the Act, a new bankruptcy filing would be created. The Act would establish “Chapter 10” bankruptcy proceedings as an option for those filing for personal bankruptcy.
Chapter 10 will provide debtors with two options. One option would provide a simple way to discharge the debtor’s financial obligations. The second option, required for those who meet a certain income level, would have debtors make regular payments to creditors for three years.
Under Chapter 10, debtors could keep their home and vehicles. Debtors will have the option of selling their home free from a bankruptcy lien. If a debtor rents an apartment rather than owning a home, they cannot be evicted as long as they are not more than six months in arrears on their rent. Those who own an automobile can keep their vehicle as long as they are able to pay their lender the fair market price for the vehicle, even if this price is less than what they owe on the automobile.
Chapter 10 would allow for student loans to be discharged through the bankruptcy process the same as other debts without requiring debtor to show they are suffering an “undue hardship.” Chapter 10 would also give debtors the ability to extinguish certain fines.
Chapter 10 would eliminate the requirement that debtors attend credit counseling. In addition, Chapter 10 would give debtors the option to pay legal counsel after filing for bankruptcy, rather than making debtors pay legal counsel upfront.
Still, it is important to remember that the Consumer Bankruptcy Act of 2022 is still just that —a piece of proposed legislation that is not yet law. Currently, debtors only have Chapter 7 or Chapter 13 as options for personal bankruptcy. Still, it is interesting to note that some lawmakers are looking to change the bankruptcy landscape in a way that could help ease the strain on those filing for bankruptcy.]]>