Five Things You Must Know Before Filing a Personal Injury Lawsuit

Personal injury is a complex area of law that is different depending on what state you are in. What follows are five things that you need to know before filing a personal injury case in the state of Missouri.

Is there a time limit for filing a case?

Yes, all Missouri personal injury claims and lawsuits must be filed within the time limit from the date of the loss or accident. This is why it is important to contact a Missouri injury attorney as soon as possible after the accident so he can advise you on the applicable deadline.

Is an attorney required?

No, Missouri law does not require you to hire an attorney for your case. You should be aware, however, that the insurance company is sure to have an entire team of highly skilled lawyers working on your case. These lawyers are instructed to pay attention only to the bottom line. They will be skilled at selling their offers and making you believe that they are offering what is best for you. A trained personal injury lawyer will have a great deal of experience dealing with insurance company lawyers.

Will I have to go to trial if I hire an attorney?

No, an injury lawyer is there to represent you, to advise you on the best route forward and to argue your side of the case - whether that leads to full trial, or settlement beforehand will depend on the individual case. Often times it is the threat of full trial that leads to a fair settlement. Your Missouri injury attorney can advise you on the best way to play your hand.

Will the insurance company spy on me?

Absolutely. They will have insurance investigators watching you to see if you have lied about your injuries. This is why it is critical that you be entirely honest with your lawyer. It is also important that you set aside pride. Often when our doctors tell us we must rest for five days, by day three we are up and about in a limited fashion and we are resuming full activity by day four. In personal injury cases this is crucifying. If the doctor says to use the brace for two months then you need to use it for two months, period.

How much will a personal injury lawyer cost?

Most St. Louis injury attorneys will not charge for their services but will work for a percentage of the settlement or summary judgment. Be sure you understand the payment agreement upfront to avoid any surprises on settlement day.

Will I Lose My Tax Refund If I'm Filing Bankruptcy?

Really, only a qualified St Louis Bankruptcy attorney can tell you the answer to that question. Why? Every situation is different and there are different rules that typically apply. However, here are the general rules regarding tax refunds and your Missouri or Illinois bankruptcy.

Your refund might be used by Uncle Sam to pay and tax debt you have before you even get a chance to see it. They may even be able to take it even if you aren't filing bankruptcy. In a Chapter 13 in Missouri, however, there is a local rule that allows debtors to keep a portion, if not all, of your tax refund. Even better, for the time being in Illinois, you can keep your refund.

Putting off getting protection from foreclosure, credit card debt help, and relief from your creditors just to save your tax refund may not be the best idea either. If you owe money for child support, student loans, or other government loans, the government can still take your refund to apply to these debts.

Even if Uncle Sam isn't a creditor of yours, others can still get after your cash. Are your creditors levying your bank accounts? Creditors can get after that extra cash you have in the bank. Even if you don't hire a St Louis bankruptcy attorney to take care of your debt, you may not want to have your tax refund direct deposited. If your creditors are after your checking accounts, it may be best to just get your refund the old fashioned way

What's the Best Strategy For Filing a Chapter 7 Bankruptcy?

When you've decided to get help with debt by filing for Chapter 7 Bankruptcy in Missouri, most people want to do so as carefully and quickly as possible. And who can blame them? After months or years of suffering from harassing creditor calls, fearing you'll need to get protection from foreclosure or praying for a solution to credit card debt, I would bet that you want to file it right and right now. So, now that you've got your game face on, what's the plan? Here are the essential steps that you should take to make sure that your financial future is on the 'up and up':

Get the BEST St. Louis Missouri or Belleville Illinois bankruptcy attorney. When people begin their search for a service, it is easy for them to just pick a random guy out of the phone book or find the cheapest guy. But, when it comes to bankruptcy, don't take any shortcuts. If you needed open heart surgery, would you look for the cheapest surgeon? No, you'd probably look for the best. You shouldn't treat your financial future any differently. Besides, if you think hiring the best bankruptcy attorney is going to cost you, try hiring a cheap one. You can't afford to go through a bankruptcy and not get your debt discharged. If you find a bankruptcy attorney without enough experience, that's exactly what can happen. Find a lawyer who is willing to shower you in free information, has good reviews from clients, and posts positive client testimonials. Avoid the most common mistakes people make when filing bankruptcy. There is no way to get around making mistakes in a Chapter 7 bankruptcy in Missouri or Illinois if you don't even know what they are. You have the power to know what mistakes you could be making. Take that power by educating yourself.

Bring all your information and questions to your consultation. Even the best bankruptcy attorney in St. Louis, Missouri or Belleville, Illinois can't get your case done quickly without the right information. Make sure you come prepared with questions, concerns and all the information that is required to get your case started and get yourself to a fresh start quickly. If you are a resident of Illinois, there are some extra points you may want to consider before deciding on your Chapter 7 strategy.

If you hire a St. Louis law firm, make sure your bankruptcy lawyer knows the different laws in Illinois. Despite being just a river apart, Missouri and Illinois operate by a different rule book and it is essential that a St. Louis, Missouri bankruptcy attorney knows them.

Don't settle. Find an attorney that puts out Illinois specific information or even has a convenient location in Illinois. The best bankruptcy attorneys value you and the information that you need to feel comfortable, educated, and positive.

Do You Automatically Lose Your House by Filing a Chapter 7 Bankruptcy?

Since Chapter 13 bankruptcy in Missouri and Illinois includes a repayment plan, it doesn't come with the same fears that are commonly held with a Chapter 7 bankruptcy in Missouri and Illinois. Many people think, "Will I lose my home? Will I lose my car? "Or will I lose my furniture?"

You will not necessarily lose any of those things. In fact, in my more than 15 years as a Missouri and Illinois bankruptcy lawyer, most of my clients haven't lost anything. Why? Because the number one job of a bankruptcy attorney is to protect the property that is important to you.

Every state has specific laws regarding exemptions that help you protect your property in a bankruptcy filing. They do so by protecting a certain amount of equity in things like your house, your car or truck, household goods, furnishings, IRAs, retirement plans, the cash value in life insurance, wages and workers compensation claims. Of course, each state has slightly different exemptions but both Missouri and Illinois have sizeable exemptions that have prevented most of my more than 30,000 clients from losing anything. In Missouri, bankruptcy filers can even use a "wildcard" exemption to protect any other property.

Remember, keeping property requires that you continue to make payments. There shouldn't be much of a chance of losing your property if you continue to make your payments and the exemptions provided in your state cover above the amount that is still owed. And how much easier would it be to make your house or car payment without a garnishment on your wages, inflated credit card payments, and the constant worry of repossession or foreclosure? That feeling of relief must be why Chapter 7 bankruptcy filings are hitting their highest levels since the laws changed in 2005.

Plus, if Chapter 7 exemptions won't be enough for you, you've still got options. A Missouri or Illinois bankruptcy lawyer can help you file a Chapter 13 bankruptcy, which allows you to keep more of your property and reorganizes your debt at the same time.

Don't forget, the best St. Louis, Missouri or Fairview Heights, Illinois bankruptcy attorney will know how to help you keep the property that is most important to you. Don't undervalue the work a great Missouri and Illinois bankruptcy attorney can do for you; it could be the difference between keeping your house and losing it in a Chapter 7 bankruptcy. How can you tell if the attorney you've selected is the best in your area? The best attorneys in your state or city will offer you tons of free information and even free publications before you even speak with them about filing.

Filing Bankruptcy - Can Filing Bankruptcy Help You?

Sometimes the only viable option an individual has left is filing bankruptcy due to the amount of debt they have incurred. The decision is one that most people don't come to easily, and it can leave them feeling sick to their stomach. The stress and turmoil of it all can lead to a panic attack for some people. Knowing that this is how most people react to filing bankruptcy might may it easier for you. Take a deep breath and learn all you can about the process. Only then can you decide if filing bankruptcy can help you or not. I am not offering you legal advise but information to help you determine if you should talk with a professional about it.

Start by writing down all of your debts and all of your assets. You need to have a list of your monthly living expenses and the amounts. Separate these expenses from everything else. List your biggest priorites on top such as your mortgage or monthly rent for shelter. Next should be your vehicle payments, utilities, food, and other necessities you have on a monthly basis.

You want all of your other loans, credit cards, and payments to be separated. You can then compare the lists and find out if after you pay all of your monthly living expenses do you have enough to pay the other list of items over a period of three years? Make sure you look at the total amount due on these accounts, not the minimum amounts due. You will find plenty of helpful tools on the internet that can do these calculations for you at no charge.

What can you do to generate more income to cover your expenses if you can't pay them off in a three year period? What can you do to reduce the amount of expenses you have? You will need to make some changes to your lifestyle including going out less, eating on a budget, and possibly working a second job to have more income. If you really can't find viable ways to reduce your expenses as well as increase your income, seek the assistance of a credit counseling service.

You want to select such a service very carefully though. There are plenty of them that can cause you to end up in a worse situation than you are already facing. Check with your local courthouse for a listing of approved counselors that are recommended by the court. The decision regarding filing bankruptcy is a hard one but it may be the only option you have if getting all your debt paid in three years just isn't a reaility for you.

Will Filing Bankruptcy Make My Insurance Premiums Go Up in Missouri and Illinois?

When asking yourself, "Should I file bankruptcy?" it is important to focus on the issues that are most important to you. Some wonder if Missouri or Illinois Chapter 7 or Chapter 13 bankruptcy will leave them with huge insurance premiums. But, instead, maybe these folks should be thinking, "How is my current credit score already affecting my insurance premiums?"

It is too hard to say with 100% confidence that anything will definitely make your insurance premiums go up or down. The formula for calculating insurance premiums has been kept secret since the dawn of insurance companies. It is clear, though, that a bad credit score alone will affect your insurance rates. Well, wouldn't a bankruptcy make it worse? Not necessarily. In fact, a Missouri or Illinois bankruptcy probably wouldn't do any more damage than a bad credit score is even doing. Bankruptcy might even help you avoid those devastating insurance bills.

"But James, how could bankruptcy possibly help me with my bad credit?"

By the time you need to file a Chapter 7 or Chapter 13 bankruptcy in Missouri or Illinois, your credit is probably already in bad shape. There won't really be much credit for bankruptcy to hurt, most likely. Plus, bankruptcy helps you get such a handle on your debt that you can finally have a fresh start with your credit score. For many, it is only up from there. The continuous downward spiral of your credit score from being behind on all your credit accounts stops and you can get on track to building a better score; and lower insurance premiums.

In the end, it is your choice. You can choose to get protection from foreclosure, credit card debt help, and relief from the harassment of your creditors or you can continue to try to claw your way out of overwhelming amounts of debt. Instead of thinking of all the negative effects bankruptcy can have, think about the negative effects your debt is already having. Many people find that Missouri or Illinois bankruptcy is the right choice for them and their families.

Give a St. Louis, Missouri or Fairview Heights, Illinois bankruptcy attorney a chance to change your life. Learn all you can about the options you and your family have for getting out from under crushing amounts of debt. Look for free information from reputable lawyers in your area like bankruptcy FAQ, articles, blogs, and even free publications.