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I can't see a doctor, I don't have insurance.

I understand that as a personal injury lawyer, it is common knowledge to me that you don't have to own health insurance to get medical care for many accidents. I forget that not everyone knows this. It irks me to hear PI Lawyers on TV and radio hawking their services and telling people they don't have to pay for anything up front, or that the don't need health insurance to get treatment. It irks me because these lawyers make it sound like they are offering something special that no other person can provide, when all PI lawyers can do these things.

If you are injured in a car wreck, for example, you can see a doctor without health insurance in a number of ways. If you have Personal Injury Protection (PIP) coverage on your automobile, the doctor will bill your PIP. If you don't have PIP coverage, the lawyer can issue a letter of protection to many doctors that will allow you to treat on credit. The doctor will be paid from the proceeds of the case settlement.

There is a common mistake that many make though, thinking that the insurance for the person who hit them will pay for the medical care as they go. Usually this isn't true. In the rare cases where I've seen it happen, it was usually because the insurance company was tricking the injured person, or planning to cut them off quickly.

If you are hurt, due to another person's negligence and do not have health insurance, don't give up! Call a lawyer and find out what your rights are, what sources are available to you, and get help. Nobody should suffer needless pain because of another person's negligence, and not get help.

  • By admin
  • November 12th, 2008
  • Posted in Car Accidents
  • 444 views
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  English (US)  
  Tags: injury, letter of protection, pesonal injury protection, pip

Social Pitfalls of being a Lawyer

Being a lawyer can be very rewarding. If you like to help people solve problems, some little, some very complex, you get to do it daily. The downside is that your social skills suffer from professional overlap. As a lawyer you are constantly aware of comments that could be a problem for others. You have a mindset to critically over think even little things.

This weekend was my kid's school carnival. I donated a will package to the silent auction. Sure, it was not going to go for full value, but whatever it earned would go to help the school. I made a nice certificate for the school explaining what was included and put all the usual disclaimer language on it too. After all, I'm a lawyer and I don't want to falsely advertise or mislead anyone. When I went to the carnival I saw the sign in sheet for bids on the will package, but the certificate was not on display. The only display was a small sign that read, "Estate Planning, Stephen Howard."

Well, I don't do estate planning. A part of estate planning is tax advice. I do not do tax advice. I'm very clear about that with everyone. There are other aspects of estate planning that I don't do either. Now, for the common person a will is the same as estate planning, however the over-thinking part of my lawyer brain kicked in. I had to get a sharpie and change the sign to say "Will Package" and put some business cards by it.

Later I was told the people putting on the carnival thought "will package" was too depressing for a carnival. Who wants to bid on something related to death at a carnival? I explained I had to change it because what they were advertising wasn't I did. If people bid on what they thought it was, and got something else, they would not only be upset, they might sue.

For most people not stuck in a world of precise wording and legalities the whole thing would have seemed a trivial choice of words, but for a lawyer it was an issue.

  • By admin
  • November 10th, 2008
  • Posted in Welcome
  • 112 views
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  English (US)  
 

Electing Judges

I really can't say what the best solution is to a problem that irks me often. A judge should be impartial. A judge should apply the law. A judge should not create law. A judge should not be worried about the political ramifications of applying the law. These "shoulds" are a bit impossible. Since Texas elects its judges, we inject politics into the justice system. We can't go to an appointment only system either, because the courts have become yet another battle ground for political agendas. Whomever is in power would appoint judges who shared the political goals of that party. This is ridiculous.

Every time I vote, I agonize that so many judges run unopposed. It's not just because the ones running are typically all from one party. It's because I see a stranglehold of idealism controlling what should be an impartial judiciary.

And then there is the way politics skews the viability of a candidate when the issues the candidate is measured against have nothing to do with the job they would have.

A Criminal Court Judge would not hear cases on abortion or whether homosexual couples should be allowed to adopt. Yet if a candidate runs for a criminal court position, you can guarantee people want to know the candidate's stance on abortion. A family court judge would not hear cases involving the death penalty, yet again the people would want to know the candidates stance on capital punishment.

The courts are not a place for politics. Politics comes in choosing your legislators who write the laws. A judge's job is to apply the law unless it conflicts with the State or Federal Constitutions. I don't see the answer to how to put qualified judges on the bench without politics coming into play, but I do lament that the courts are just another battleground for ideologies, rather than justice.

  • By admin
  • November 6th, 2008
  • Posted in Welcome
  • 248 views
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  English (US)  
  Tags: court, judges, politics

Protect your investments, assets and protect your family

Although a last will and testament seems like an odd financial tool, it is one way to protect your assets and your family. A combination of financial planning, trusts and directions given in your will can save estate taxes for your heirs. A will also has the ability to help control the costs of wrapping up your estate.

With the stock market having gone through a tumultuous time, many people have pulled their money out and are looking at ways to protect what they still have. Assets without designated beneficiaries will fall into your general estate upon your death. Without a will, those assets will be divided equally among your living heirs. If these assets total to whatever the estate tax limit is at the time of your death, your loved ones will lose some of their inheritance.

If you have taken assets out of investments that were once covered by beneficiary instructions, and do not have a will, I highly recommend consulting with a lawyer and/or a financial planner.

  • By admin
  • October 15th, 2008
  • Posted in Wills and Probate
  • 4666 views
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  English (US)  
  Tags: trusts, wills

A rough summer for all, including lawyers.

The high gas prices of summer hurt not only the budgets of the average consumer and food prices, it hurt doctors and lawyers as well. With people driving less, and slower there were fewer accidents. Most of the doctors I associate with came to a near standstill before August. With no few accidents and a large number of doctors, there just wasn't enough work for everyone. The same happened to personal injury lawyers. Automobile accidents are a primary source of "bread and butter" cases for personal injury lawyers. Bu August, the gas prices were still very high, but people started driving anyway. New accident cases rose to just a little less than they had been before the dramatic price increases.

Many personal injury lawyers, like myself, also practice in some other area of law. I practice family law to supplement the erratic cash flow of personal injury work. The downturn in the economy has crushed this business now. Personal injury cases are contingent fee work. The client pays no money out of pocket towards the case. Family law is fee based. The client has to pay for all the fees costs and expenses. With household budgets in a crisis, nobody has the funds to pay for a divorce or a change of court orders on custody and visitation. That, and many likely are afraid to split their incomes in a time where they don't know if their job is secure or if they can afford to live separate from their spouse.

The whole nation, including doctors and lawyers has suffered from the high fuel prices of the summer and the following economic slump. I hope for us all, homeowners, doctors, lawyers, Americans, the world, that we can restore the economy sooner than later.

  • By admin
  • October 13th, 2008
  • Posted in Background, stuff about The Practice of Law
  • 199 views
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  English (US)  
  Tags: practice
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  • This is the legal blog of Stephen Howard, Attorney at Law. The official site is located at http://www.shtexaslawyer.com/. The information contained in this blog is meant solely for Texas based cases. Stephen Howard has over sixteen years experience assisting Texans with personal injuries, car wrecks, divorces, adoptions, family law matters, small business advice, probate and wills. THIS BLOG IS IN NO WAY INTENDED TO REPLACE THE ADVICE OF A COMPETENT LAWYER OF YOUR JURISDICTION WHO KNOWS THE SPECIFIC FACTS OF YOUR CASE. IF YOU HAVE SPECIFIC QUESTIONS, PLEASE CONTACT STEPHEN HOWARD AT SHOWARD@SHTEXASLAWYER.COM.
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