Month: February 2016

Legal Speak For the Lay Person: What You Say May Be Used Against You!

Legal Speak for the Lay Person

When a person is arrested for a criminal matter, there are legal procedures like the Miranda warning to advise that you have the right to an attorney and anything you say may be used against you.

Do you know your rights when it comes to civil matters? There is more than one legal way that you may be asked to give testimony – that means talk about something – that can later be used against you in a civil matter, even if you are not yet involved in a lawsuit.

This article explains some of the common civil circumstances where you may be asked to speak, and what to keep in mind to help protect yourself. For legal advice, always seek guidance from a reputable attorney in your area!

Recorded Statement

If you are involved in any kind of insurance claim, you can pretty much expect to be contacted by the insurance company for a statement or interview. The insurance company representative or claims adjuster will ask you a series of questions, and will usually record the conversation.

The insurance company representative may contact you by phone or come to see you in person, even if you are in the hospital or recovering from injuries.

Do you have to give a statement? The insurance company will say they have to get your statement to investigate the claim. If it is your insurance company, there is probably wording in your auto or home policy that requires you to cooperate with the investigation.

If it is the insurance company for the person or company at fault, they will say they have to get your statement before they consider paying your damages.

While you will likely have to provide a statement – and will want to tell your side of the story – you don’t have to give your statement right away. You do not have to provide a statement while you are upset, ill or medicated.

Most importantly, you do not have to provide a statement to the insurance company before you have contacted an attorney.

Remember that an insurance company will try very hard to make sure your claim is covered under the policy before they will pay any money. That also means they will try very hard to determine if your situation is not covered, even if they are your insurance company.

Even if your claim will be covered by the policy, then the insurance company will decide how much the claim is worth. That often includes cutting back on the amount because they think you could have avoided the situation or that you brought some of it on yourself.

You see why your recorded statement is so important?

Examination Under Oath

An Examination Under Oath is a sworn statement from an insured taken by an attorney representing the insurance company. The insurance company attorney will ask you questions about yourself, your background, your finances and the reason for your insurance claim. A paid court reporter will be there to take down every word you say.

Insurance companies in every state will use an Examination Under Oath to investigate claims, especially if there are large dollar amounts involved or if the insurance company thinks fraud may be involved.

The insurance company can arrange for an Examination Under Oath even if there is no lawsuit involved. You will get a letter telling you when and where to show up.

You may be told to bring copies of your personal information, for example: phone records, bank statements, pay stubs, tax returns, utility bills, mortgage and deed, and tax returns. You will be questioned about any or all of these things.

You could be asked questions about who lived with you, arrest records, your physical or mental health, or medications and injuries from before and after the incident that is the basis of your claim.

If you don’t show up or refuse to answer questions, your claim may be denied for failing to cooperate.

You do not have to bring an attorney with you to an Examination Under Oath. You need to know that you have the right to hire an attorney before an Examination Under Oath even if you did not have one when you filed your claim.

Depositions

Depositions are similar to an Examination Under Oath but are more formal and not limited to insurance companies.

Depositions are part of the discovery part of a lawsuits, when both sides are allowed to ask questions and gather information they will use to prove their case to a judge or jury. You can be deposed whether you are the one who filed the lawsuit or if you are defending yourself against a lawsuit.

In the United States you have the right to represent yourself in a lawsuit, but it is usually not a good idea. You will want to have an attorney with you if you are going to be deposed.

Deposition testimony will be taken down by a court reporter and sometimes will be filmed. Any part of what you say can be used against you during the lawsuit and at trial.

You might be questioned on your personal life, employment history, military service, daily activities, finances and your education, in addition to details that have to do with the lawsuit.

Your attorney will help you get ready for a deposition so you have an idea of what to expect.

At the deposition, your attorney will speak up if the questions are something you should not answer or are not proper. He or she will make sure you get breaks when you need them if the questioning goes on a long time or ask to postpone further questioning if needed.

 

Do you have question about giving statements in insurance claims or legal actions? Do you have an experience to share? Please leave your comments below!

Legal Speak for the Layperson: What You Need To Know About Expert Witnesses

What you need to know about expert witnesses if your are in a lawsuit. Legal proceedings can be scary and confusing for anyone not familiar with legal language and procedures. Your attorney will guide you through the process of your legal situation, and there is a good chance that he or she may talk to you about the role of an “expert witness” in your case.

What Makes an Expert

A legal definition of expert is “Persons examined as witnesses in a cause, who testify in regard to some professional or technical matter arising in the case, and who are permitted to give their opinions as to such matter on account of their special training, skill, or familiarity with it. An expert is a person who possesses peculiar skill and knowledge upon the subject matter that he is required to give an opinion upon.”

That’s a mouthful! What it means is that an expert is a person who knows a lot about a particular subject because they have experience, training or education on that subject.

When an expert tells what they think about your subject, they are giving testimony and what they say about it is their opinion.

There are two sides to every legal proceeding.

The person (or government body) that starts a legal proceeding to accuse another person or company of doing wrong is the plaintiff.

The person or company being charged with a crime or being sued in a civil action is the defendant.

An expert witness may be hired by either the plaintiff or the defendant to give an opinion on an important subject in the case.

Examples of Expert Witnesses

Television crime dramas have loads of expert witness testimony (cue the music) that make or break the case. Scientists called to the stand to explain DNA tests, blood spatter patterns, fingerprints or how poisons are detected are all examples of expert witnesses.

For most people, the most common cause of a lawsuit is personal injury. There are legal proceeding every day for personal injury claims, from car accidents to worker compensation claims.

Both the person who is injured and the party at fault will use experts to try to show, among other things, how badly the person is injured, if the injury keeps the person from working, if the person will continue to suffer from the injury, and if the injury could have been prevented.

Medical doctors are frequently used as expert witnesses. The injured person will have been treating with one or more medical doctors that could include a number of specialists, like orthopedists and neurologists.

In addition, the person or insurance company on the opposing side of the lawsuit often will arrange for the injured person to be examined by a specialist of their choosing. This is called an Independent Medical Exam (“IME”) or a defense medical exam.

Doctors aren’t the only kind of expert witness. Depending on the circumstances leading to the lawsuit, experts called to testify may include mental health specialists, accident reconstruction specialists, workplace safety engineers, mechanical specialists, or authorities on just about any subject that pertains to the case.

Then It Gets Interesting

Having an expert to testify about injuries and damages is not always a straightforward process. That’s why you need a good attorney!

The other side may try to impeach your expert. In other words, they will try to convince the judge or jury not to believe the testimony of your expert.

An expert may be impeached if the other side proves the witness is not qualified enough to be an expert, that his area of expertise does not apply to the case, or that the expert has not looked specifically at the situation at hand.

Sometimes the other side will claim that the expert’s opinion in not based on true science, if your expert has an opinion about your injuries that is unique.

Having a better understanding of the role of expert witnesses will help you if your case requires an expert. An experienced attorney will explain the need for an expert witness to prove or defend your position in the lawsuit.

Do you have experiences with expert witnesses? Are there more legal issues you would like to learn about?

Elder Care Emergencies – How You Can Be Prepared

how to be prepared for elder care emergencies It is all too common for older folks in failing health to end up in the emergency room. Even if their elder care providers include an assisted living arrangement or a nursing home, they will be transported to the hospital if they fall and break a bone or have a medical crisis.

More than 6.8 million people over the age of 65 ended up spending at least one night in a hospital during 2012, according to The U.S. Department of Health and Human Services Administration on Aging.

The Center for Disease Control reports that more than 2.5 million older people are treated in the emergency room each year for injuries from a fall, and one out of five falls result in broken bones or a head injury.

There are steps you can take now that will help you be ready to respond to an elder care emergency.

Getting Your Docs in a Row

Before your elderly loved one is too sick or confused to sign legal documents, it is a good idea to get written permission for you to talk to doctors and make treatment decisions for them. Your parent can also fill out a form that makes it clear how much life-support they would want.

There are different kinds of permission forms

One kind is a medical power of attorney. A medical power of attorney allows the doctors to speak with you and lets you to have a say in treatment choices. A medical power of attorney does not give you the right to make any financial or property decisions for your parent.

If your parent is already in the hospital, you can ask the hospital, usually through the hospital social worker, to help you and your parent complete a medical power of attorney and have your parent’s signature notarized.

The hospital will usually ask if your parent has Advanced Directives. Advanced Directives are a way for your parent to make it clear how much medical care he or she wants if they are too sick or hurt to express their wishes.

Advanced Directives let you and your parent discuss and make decisions on treatments or life support ahead of time.

For example, my dad was very sick and facing major surgery. He made it clear that even if he was unconscious, he did not want food or fluids withheld. He had a real fear of starvation.

That information was put in writing, so we were able to reassure him that his wishes would be respected. With that done, he was less anxious going into surgery.

A Durable Power of Attorney gives you the legal authority to conduct all your parent’s business, including financial business. This kind of document is best prepared through an attorney to protect the interests of everyone involved.

Start Your Engines

Keep you gas tank topped off. My mom had multiple health issues and frequent small strokes the last few years of her life. We were in the same emergency room so often we joked about carving notches in the bed rails.

It only takes a few minutes to top off the tank. I made a habit to swing into the gas station anytime my gas level hit ¾ of a tank.

That may sound extreme, but the last thing you want do on the way to the emergency room is stop for gas. And you can trust me when I tell you that you do not want to be standing in a cold rain getting gas so you can get home after spending 24 sleepless hours in a hospital waiting room.

Heels and Toes

Now that your car is gassed up, stash a bag in your vehicle with good walking shoes and a change of comfortable clothes.

When we were taking care of my mom, I worked full-time in an office where I was usually wearing a skirt and heels. Not the best attire for traipsing up and down the hard floors of a hospital any time I needed a cup of coffee or to follow Mom down to X-ray.

I kept a bag in my trunk with sneakers, socks, a T-shirt and jeans and a hoodie. Even if I didn’t change my whole outfit, swapping the high heels for socks and sneakers made a huge difference in my staying power, and patience, for a lengthy hospital visit.

Can you Hear Me Now?

Keep a spare charger for your phone and other devices in your car. Remember to add an adapter in case you need to charge your phone in the car.

Do you know if your car has to be running to charge a phone or other device? If you do leave an electronic device to charge in your parked car, make sure you cover up the cord as well as the device. Don’t tempt a thief to smash out your window to grab your device!

Keep a phone charger with you in the hospital. In hospitals with limited outlets in waiting rooms it is pretty common to see folks sitting on the hallway floor with their phones plugged in while they scroll and text.

I quickly learned to get in the habit of scoping out chairs near an electrical outlet when I would walk into the cafeteria or a waiting area. I knew that if I sat down on the floor, I wouldn’t be able to get back up!

The phone battery runs down fast when you have lots of family members to update, so charge that puppy up at every opportunity. But, never ever leave your phone plugged in and walk away, even to step out of your parent’s room.

We all dread that call telling us our Mom or Dad is hurt or sick, but a little preparation in these four areas will help you tend to them with a few less distractions.

Are you caring for an elderly relative? Please share you experience in the comments below!

Business Ethics for Super Entrepreneurs: 4 Reasons to Define Your Values

Business Ethics for Super Entrepreneurs

Are you ready to be a super entrepreneur? Are you clear on your business ethics? If you aim to be the business owner everyone respects and trusts, here are four reasons why defining your values will improve your business.

Super Entrepreneurs Have a Plan

A good starting place for a business plan is figuring out why you want to work for yourself and what you hope to accomplish. To work from home? Be your own boss? Make money? All these may apply and probably more.

All businesses provide a product or service to solve a problem or enhance the lives of their customers. Core values will help make your brand distinctive.

The successful entrepreneur identifies a marketing niche by getting clear on what makes their product different from any other and builds a plan to reach their target customers. There are loads of courses and applications to help new business owners build their list and automate ads and emails.

Building and marketing a better mousetrap can make you a successful entrepreneur, but a super entrepreneur’s plan will also build a business culture, and that’s where your business ethics come in.

There are companies, and then there are super companies. It is no accident that super companies are as known and respected for how they treat their customers and employees as they are for their products and services.

Super companies come in all sizes, from mega corporations to solo super entrepreneur businesses.

I have been fortunate to spend the more than a decade with a company led by owners who are consistently recognized as “super” by peers, employees, and customers for their integrity, excellent work product, and community service. They have clearly stated values that guide their business practices. Their success is a direct result of their reputation.

Defining core values and incorporating those values into your business plan will give you a firm foundation for succeeding in your business as an entrepreneur.

Established Values Help Decision Making

Once you have set your core values, it will make it easier to draft your business procedures and make decisions. Sooner or later, you will run into a difficult situation that falls on you, as the boss, to resolve. Always look to your core values.

When problem-solving, eliminating those options that run counter to your core values will help you drill down to making the best decisions for your business.

Your company values should be reflected in the processes and procedures you give to employees, including virtual assistants.

Keep your values in mind in your selection of vendors, suppliers, sponsors, and affiliates.

We all love to see and participate in collaborations with other entrepreneurs, and of course, you will want to make sure your collaborations are with business owners whose values are in sync with yours.

Business Ethics Promote Customer Trust

Articulate your values as part of your brand. Let your customers know what to expect from you, your products and your customer service.

Who can forget how Superman used to say he fought for “truth, justice and the American way”?

Customers appreciate hearing about your commitment to them, so make the effort to communicate more than just an intent to be honest. Do you promise orders to be shipped with a certain number of business days? Do you welcome emails from your customers? Respect for your customers time and attention is a value, too!

Values Build Customer Loyalty

Customers will try out your product and services if they trust you, and consistently providing value-based products and services create loyalty.

In retail, the rule of thumb is that loyal customers make up about 20% of a customer base, but are responsible for 50% of sales. Not only that, but loyal customers are more likely to recommend you to new customers.

Customers are more loyal and secure when dealing with people and businesses they perceive as having compatible values. Are you a “green” business when it comes to your raw materials and waste? Do you donate a percentage of profits to charity? Share those values with your customers.

Your Values Are Part of Your Brand

Whether you have a brick-and-mortar business, a full-time online company or are just starting out with a side hustle; you can be a super entrepreneur by establishing core values based on business ethics that are unique to you and your brand.

What values define your business? Are you more likely to give repeat business to a value-based company? Please share your comments below!

Why Periscope Is the Online Business Owner’s Secret Weapon

Let Periscope be your secret weapon for community building! Periscope is the online business owner’s secret weapon!

Introduced less than a year ago, Periscope is a hot social media app that works as a mobile live streaming platform. Periscope makes it easy to spontaneously stream a live video of your opinions and activities via “scopes”. Participants show their support by sharing the broadcast and raise the host’s ratings by screen tapping to generate “heart” icons that float up the side of the screen.

Connected to Twitter, your scopes automatically show up on your newsfeed, so your followers can tweet and re-tweet your broadcasts. This can be a great marketing tool for your online business with the potential of attracting new business.

As an online business owner, take advantage of the fabulous and FREE opportunity to personalize and promote your brand and products by interacting live with viewers.

I have taken the leap into Periscope and so can you!

Get ready, get set… Periscope!

The very first Periscope stream that I participated in was done by a productivity guru who was on Periscope for the first time. She was ready, organized and completely personable. I got what I came for with no pain. She made me trust in her product.

I have happily followed her on Periscope and Twitter and tune in to her broadcasts. She became a role model for me when it comes to providing business content via multiple platforms, including live streams.

To attract viewers in the business community, have your content organized before scoping about your business or services. Treat business related scopes like a stand-up presentation in a boardroom. You can be less formal, but have some structure to the way you are sharing your information.

You may want to spend a few seconds in small talk while folks are joining your broadcast, but do get to the main topic fairly quickly, while you still have the attention of your audience.

Periscope for Business or Pleasure?

If you are going to use Periscope to market your business, it is probably a good idea to avoid using the same platform for sharing unrelated personal information unless you have an established following that knows you well.

If you are building a community around your products or services, try to be consistent and make the majority of your broadcasts about your business!

That’s not to say you can’t let your audience get to know you.

One of the business owners I follow has been on the Periscope scene from the beginning. She has also become a good friend, because she is so personable and friendly. Almost all of her scopes are related directly or indirectly to her products or services, with just plain socializing after the main topic has been discussed.

Everyone gets the benefit of her main topic, and not everyone sticks around for the chit-chat and that’s okay. Because she leads with great content and is a genuinely friendly and up-beat person, her followers are loyal and her business is growing by leaps and bounds.

Respect Your Periscope Audience

When you begin an online business venture, unless your name is already a household word, you will build recognition and followers over time.

One of my most respected and talented business coaches consistently stresses the importance of reaching out to potential community members. There is no substitute for one-on-one direct communication.

This is often the most difficult hurdle to overcome for new business owners. Where do you find potential community members, and how to reach out?

Periscope can be your secret weapon for community building!

When someone joins your scope and takes enough interest to comment, tap out hearts or share your broadcast they have gifted you with their valuable time and attention. Say thank you!

Make every effort to send a quick message expressing your appreciation. It feels good to send happy messages, and your audience member will enjoy being noticed. Don’t you think they will be more likely to tune in again?

Just Do It – Jumping on Periscope

Getting on Periscope might seem pretty scary the first time or two, but will be worth the effort. And every time gets easier.

Live streaming lets you respond immediately to viewer questions and comments, building loyalty and trust in your viewers. Periscope is also a great way to connect with other online business owners and may lead to some fabulous collaborations!

A little advanced planning and consideration for your audience can make Periscope the platform that takes your business to the next level.

Have you tried Periscope yet? What is holding you back? Share your thoughts on Periscope in the comments below!