Negotiating a settlement in a personal injury lawsuit can be extremely complex. Just as you would not try to perform complex surgery on yourself, you should also not try to negotiate your own personal injury case. Always consult an experienced personal injury attorney to make sure you have considered all of your legal options.
The following factors are just a few of the many considerations when negotiating a personal injury settlement.
1. Case Evaluation
How much is your case worth? A good case evaluation will take into consideration your medical expenses, any permanent injury, your age, ongoing medical treatment and property damage. You must determine a range of value for your case before you begin negotiating. If you have not decided on a value, an insurance company will be happy to tell you how much your case is worth. This value is likely to be much less than what you should actually receive.
2. Timing
Settling a personal injury claim too quickly can result in lost damages. Your attorney must adequately investigate the possibility of lost earnings and employment, properly evaluate any injury to determine if it is permanent or temporary and make sure you are "medically stationary" before sending a demand letter to an insurance company. A proper investigation must be completed before settling your case.
3. Statute of Limitations
Every personal injury claim has a statute of limitations. This is the period of time after an injury occurs within which you must file a lawsuit or you will be prohibited from recovery. Contact an attorney soon after you have been injured to begin an investigation, make sure you are receiving proper medical care and to preserve your rights.
4. Demand Letter
Drafting an demand letter is an art. An effective letter will include relevant facts regarding the extent of your injuries, specific reasons why the insurance company should pay you and it will convey the fact that you are serious about your claim.
5. The most important factor is whether you should even accept a settlement. Your case may be worth more than the insurance company is offering in settlement. An experienced litigation attorney can explain all of your legal options, including your chances at trial.
Wednesday, February 19, 2014
Monday, February 17, 2014
Energy Conference on Maui
The Hawaii Electric Companies (HECO) is one of the lead sponsors of an energy conference to be held on Maui in March, 2014. The conference will be a gathering of power and utility experts from around the United States to discuss and compare energy usage and planning.
Maui's high energy costs are reflected in monthly utility bills of residents and there is a growing impetus to utilize alternative energy to reduce our reliance on high-cost fossil fuels. Our community has recently implemented a variety of projects including wind power, photovoltaic production, and a Smart Grid under the leadership of Doug McLeod, the current Maui County Energy Commissioner. For more information on alternative energy projects in Maui County, click here. Renewable Energy Maui County.
Maui is a logical choice to host the energy conference because it is on the cutting edge of alternative energy production and usage. The conference will be held March 26 and 27, 2014 at the Maui Arts and Cultural Center. For more information click on this link. Maui Energy Conference
Maui's high energy costs are reflected in monthly utility bills of residents and there is a growing impetus to utilize alternative energy to reduce our reliance on high-cost fossil fuels. Our community has recently implemented a variety of projects including wind power, photovoltaic production, and a Smart Grid under the leadership of Doug McLeod, the current Maui County Energy Commissioner. For more information on alternative energy projects in Maui County, click here. Renewable Energy Maui County.
Maui is a logical choice to host the energy conference because it is on the cutting edge of alternative energy production and usage. The conference will be held March 26 and 27, 2014 at the Maui Arts and Cultural Center. For more information click on this link. Maui Energy Conference
Thursday, February 13, 2014
Maui Unemployment Rate
Recent statistics show that Maui's unemployment rate continues to drop as the economy improves. In December of 2013, unemployment dropped to 4.6%. Maui County Mayor Alan Arakawa states that the rate is the lowest since 2008.
For more information click on this link. Drop in Unemployment Rate
For more information click on this link. Drop in Unemployment Rate
Tuesday, January 28, 2014
Writing a Holographic Will in Hawaii
A holographic will is a handwritten document that functions as a valid will and directs where your assets will go when you die.
A holographic will is valid and legal in Hawaii. Hawaii Revised Statute 560: 2-502 provides that a will may be valid even it is not witnessed and even if it is not completely in your handwriting. The holographic will simply needs to have your original signature and the material portions of the document in your handwriting.
For more information, click on this link to the statute that addresses holographic wills.
HRS 560: 2-502
Even though writing a holographic will is legal does not mean that it is advisable. There are several reasons why you should not risk distributing your assets with holographic will.
1. Your signature may have to proven by extrinsic evidence.
The probate court is not familiar with your signature or handwriting. The person who distributes your assets will likely have to go to considerable trouble and expense to prove that your holographic will is actually yours. Your personal representative may have to compare other documents with your signature or possibly hire a handwriting expert to prove that your signature is valid.
2. Nobody will know what you really meant.
There can be many interpretations of a document and it is easy to challenge a holographic will in court. Perhaps your handwriting is not clear or you forgot to include an asset in your will. The probate court will not know if you intended to write your will that way or if you merely made a mistake.
Even if you believe you are explicit in your will by saying "I leave everything to Dad," the court will not know if you meant your biological father or your distant second cousin who you met once and jokingly referred to as "Dad."
3. Your assets will have to go through the probate process.
A will gives instructions as to where your assets should go. The probate process is the actual distribution of your property. If you write a holographic will, your assets will likely be probated. The probate process can be time-consuming and is open to the public. Anyone who would like to see what assets you had and where they are going is able to do so. Proper estate planning can circumvent the probate process with a trust.
4. Omissions.
A holographic will may not include all of your assets. If you do not specifically address the new truck you bought after you wrote your will, the court may not know where it should go. With property legal advice, you may also forget to appoint a guardian for children, name an executor, provide for pets or name alternative beneficiaries. A holographic will also typically fails to address end-of-life health care choices and financial decisions.
A holographic will is not a wise choice for distributing your assets. There are numerous potential pitfalls when writing a holographic will. Obtaining competent estate planning advice with an estate planning attorney can save your heirs time and money. Plan today.
A holographic will is valid and legal in Hawaii. Hawaii Revised Statute 560: 2-502 provides that a will may be valid even it is not witnessed and even if it is not completely in your handwriting. The holographic will simply needs to have your original signature and the material portions of the document in your handwriting.
For more information, click on this link to the statute that addresses holographic wills.
HRS 560: 2-502
Even though writing a holographic will is legal does not mean that it is advisable. There are several reasons why you should not risk distributing your assets with holographic will.
1. Your signature may have to proven by extrinsic evidence.
The probate court is not familiar with your signature or handwriting. The person who distributes your assets will likely have to go to considerable trouble and expense to prove that your holographic will is actually yours. Your personal representative may have to compare other documents with your signature or possibly hire a handwriting expert to prove that your signature is valid.
2. Nobody will know what you really meant.
There can be many interpretations of a document and it is easy to challenge a holographic will in court. Perhaps your handwriting is not clear or you forgot to include an asset in your will. The probate court will not know if you intended to write your will that way or if you merely made a mistake.
Even if you believe you are explicit in your will by saying "I leave everything to Dad," the court will not know if you meant your biological father or your distant second cousin who you met once and jokingly referred to as "Dad."
3. Your assets will have to go through the probate process.
A will gives instructions as to where your assets should go. The probate process is the actual distribution of your property. If you write a holographic will, your assets will likely be probated. The probate process can be time-consuming and is open to the public. Anyone who would like to see what assets you had and where they are going is able to do so. Proper estate planning can circumvent the probate process with a trust.
4. Omissions.
A holographic will may not include all of your assets. If you do not specifically address the new truck you bought after you wrote your will, the court may not know where it should go. With property legal advice, you may also forget to appoint a guardian for children, name an executor, provide for pets or name alternative beneficiaries. A holographic will also typically fails to address end-of-life health care choices and financial decisions.
A holographic will is not a wise choice for distributing your assets. There are numerous potential pitfalls when writing a holographic will. Obtaining competent estate planning advice with an estate planning attorney can save your heirs time and money. Plan today.
Thursday, January 23, 2014
Maui Technology Venture Capital Fund
Economic growth on Maui continues to improve in early 2014. New construction starts have increased, tourism numbers are healthy and real estate sales are so strong that many willing buyers are being priced out of the market.
The business community here has always been strong and Maui is often cited for its innovative approach to new opportunities. Technology is no exception and a small but persistent technology community has been active the last few years on our island.
Recently two entrepreneurs helped make Maui even more tech friendly. Arben Kryeziu and Nick Bicanic have opened a venture capital firm in Kahului to provide funding, business advice and development assistance to technology start ups.
Go to their website for more information. mbloom Ventures LLC
Also, here is an article in the Pacific Business News that explains more. mbloom article
The business community here has always been strong and Maui is often cited for its innovative approach to new opportunities. Technology is no exception and a small but persistent technology community has been active the last few years on our island.
Recently two entrepreneurs helped make Maui even more tech friendly. Arben Kryeziu and Nick Bicanic have opened a venture capital firm in Kahului to provide funding, business advice and development assistance to technology start ups.
Go to their website for more information. mbloom Ventures LLC
Also, here is an article in the Pacific Business News that explains more. mbloom article
Tuesday, January 21, 2014
Advance Health Care Directive or Living Will
A comprehensive estate plan contains several documents. Each document accomplishes a different goal and every one works with the others to form a cohesive layer of protection for your assets and your intended beneficiaries. An well-built estate plan applies your assets to their highest and most efficient use.
In addition to a Trust and a Pourover Will, an Advance Health Care Directive is one of the key documents in your estate plan.
An Advance Health Care Directive appoints a person to make your health care decisions when you are unable to do so. The person you appoint must be able to accomplish your medical goals pertaining to life support, organ donation and other personal preferences. Additionally, your appointee must be able to manage your medical affairs to preserve your assets. If not managed properly, medical bills can rapidly deplete your bank accounts, real estate and personal property. Your appointee should have the fortitude to make speak with medical professionals, make difficult medical decisions and balance your personal preferences.
A Living Will is an earlier and more specific version of an Advance Health Care Directive. The Directive is the preferred and most modern estate plan tool used by most skilled legal practitioners.
An estate plan must be dynamic and change with your lifestyle and preferences. Review your plan today, including who will make your medical decisions and evaluate if it reflects your current goals.
In addition to a Trust and a Pourover Will, an Advance Health Care Directive is one of the key documents in your estate plan.
An Advance Health Care Directive appoints a person to make your health care decisions when you are unable to do so. The person you appoint must be able to accomplish your medical goals pertaining to life support, organ donation and other personal preferences. Additionally, your appointee must be able to manage your medical affairs to preserve your assets. If not managed properly, medical bills can rapidly deplete your bank accounts, real estate and personal property. Your appointee should have the fortitude to make speak with medical professionals, make difficult medical decisions and balance your personal preferences.
A Living Will is an earlier and more specific version of an Advance Health Care Directive. The Directive is the preferred and most modern estate plan tool used by most skilled legal practitioners.
An estate plan must be dynamic and change with your lifestyle and preferences. Review your plan today, including who will make your medical decisions and evaluate if it reflects your current goals.
Friday, January 10, 2014
Happy New Year!
The beginning of the new year is an excellent time to review your estate plan and make sure it is current. Look at your documents and review your will, trust and Advance Health Care Directive carefully. Ask yourself if the documents accurately reflect your preferred goals for your children and assets?
If you currently have a trust, be sure that you have properly transferred all the appropriate assets to the trust to take make full use of the tax and probate advantages. If you do not currently have an Advance Health Care Directive, consider who you would like to make your important health care decisions if you are unable to do so.
Occasional maintenance on your estate plan can save you and your family time and money.
If you currently have a trust, be sure that you have properly transferred all the appropriate assets to the trust to take make full use of the tax and probate advantages. If you do not currently have an Advance Health Care Directive, consider who you would like to make your important health care decisions if you are unable to do so.
Occasional maintenance on your estate plan can save you and your family time and money.
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