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Personal Injury Lawyers – What Is Negligence

Personal Injury Lawyers – What Is Negligence

Negligence is a legal concept that anyone who has been injured is likely to hear a lot about. It is central to injury law across the country. Broadly speaking, negligence is a failure to exercise reasonable care. The law likes to talk about reasonableness and pretend that it is a concept that can be described concretely. You can think of reasonable care as the care that a reasonably prudent person would exercise in the same situation.

car accident lawyers- personal injury
Personal Injury
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The basic idea behind negligence is that everyone should exercise reasonable care when they act, and doing that means taking into account the potential harm their actions could foreseeably cause others. Those who fail to take reasonable care, are liable for the reasonably foreseeable results of their actions. So, for example, if you fail to tie down some furniture in the back of your pick-up truck which then falls out while you’re driving down the highway and hits the driver behind you, you were negligent and responsible for the foreseeable results of your actions. And since it doesn’t take a Stephen King to imagine that driving with loose furniture could be a danger to those behind you, the damages you caused were probably foreseeable.

But often, it’s not so clear whether or not someone was negligent. In that situation, it may take a Court to determine whether a party was negligent and liable for the damage they caused. Injury lawsuits can be fought over liability, damages, or both. If the parties are arguing over whether someone was negligent, they are arguing over liability.

The thing to remember is that when you go out in the world, you are expected to behave in a reasonably prudent manner. Be careful. And watch out for everyone else too. The law may presume that people will act with reasonable care, but you’ll probably be safer if you assume the opposite. Please click on this link @ https://no1-lawyer.com/car-accident-lawyer-in-midland/

Seven Common Mistakes of Business Owners

Following are seven mistakes that we commonly encounter with business owners.  We find that many problems can be avoided if business owners are proactive and consider these guidelines before problems arise.

1.  FAILING TO DO BUSINESS WITH A PROPERLY STRUCTURED LEGAL ENTITY.

Sole proprietorship is a disaster waiting to happen. It subjects all of the business owner’s personal wealth to claims and debts associated with the business. General partnerships are even worse. Having a general partnership subjects one partner’s personal assets to claims and debts that might arise from the acts of the other partner! A corporation, limited liability company (LLC) or other properly structured legal entity is a must.

2. HAVING A PROPERLY STRUCTURED LEGAL ENTITY, BUT FAILING TO DO BUSINESS IN THE PROPER MANNER.

Having a legal entity does little good if you don’t respect it. You must conduct the business at arm’s length and scrupulously keep personal assets and affairs separate from business assets and affairs. There are formalities that you must adhere to if you expect the courts to respect your legal entity. Don’t give a potential plaintiff a way to pierce the corporate veil.

3. NOT KEEPING UP ON PAYROLL TAXES.

This may be the single worst sin of a business owner. The penalties and interest associated with failing to remit payroll and trust fund taxes are significant. These tax liabilities cannot be discharged in bankruptcy and become the personal liability of the responsible business officer.

4. NOT PLANNING FOR OBVIOUS EVENTS.

Death is a certainty and disability is always a possibility. Any business owner must have a plan in place to ensure the continued success of the business when he or she is unable to continue working. A business continuity and succession plan is a must.

5. GIVING EMPLOYEES THE KEY TO THE COURTHOUSE.

Litigation can be financially disastrous, even if you win. It can cost tens of thousands of dollars to successfully defend even the most frivolous of lawsuits. Consider having an alternative dispute resolution agreement in place with all of your employees that will avoid court proceedings and resolve disputes in binding arbitration.

6. HAVING A BAD EMPLOYEE HANDBOOK.

A bad employee handbook is much, much worse than no employee handbook. The terms of a poorly written handbook can be interpreted by a court to be a “contract” with the employees that will require you to do things you never intended to do (doing away with at-will employment rules, etc.)

 7. NOT HAVING CONFIDENTIALITY / NON-COMPETE / NON-DISCLOSURE and TRADE SECRET AGREEMENTS.

There’s no reason to be in business if you aren’t going to protect yourself from employees becoming your competitors (after you’ve shown them the ropes!). Similarly, there are many instances in the conduct of business where you might unintentionally provide what would otherwise be protected information without an agreement that the recipient cannot use it in competition with you. Protect the information and intelligence that makes your business valuable!

This article was originally written and posted by John Kenney on another one of our websites a few years ago.  The information is still very relevant and, because we’re in the slow process of taking down the other web site, we thought it a good idea to bring this one over to this site.

Asset Protection Planning

Asset protection planning is the practice of using legal structures to protect you and your wealth from liabilities that may occur during your lifetime.  We use the best asset protection vehicles available today to protect your assets and preserve your wealth.

Of all the areas that we practice at Luce Lineberry Kenney PS, Asset Protection planning requires a greater mix of skills and experience than any other area. Proper Asset Protection planning is a way to utilize traditional and non-traditional business and estate planning structures and techniques in order to legally shield your family and business assets from potential liability threats. This area also requires a keen awareness of state, federal and international tax law.

While many asset protection planners utilize legitimate domestic structures and planning, sometimes this simply isn’t enough.  We are one of the few firms in the country that has experience to create Foreign Asset Protection Trusts. Which, simply put is the best asset protection structure you can utilize in the world today.

At Luce Lineberry Kenney PS we plan for all sizes of estates.  For mid-sized to very large estates, we have the experience and capability to use sophisticated planning techniques in Business Planning, Tax Planning and Asset Protection Planning.

Retirement Distribution Planning

Retirement distribution planning requires coordination of distribution of retirement plan assets with other estate assets to ensure a consistent estate plan structure and to maximize the total value of retirement benefits to you and your beneficiaries.  This is one of the most critical (and often overlooked and least understood) areas of estate planning.

Asset Protection, Estate Planning and Related Practice Areas:

  • Bankruptcy
  • Domestic Asset Protection Structures
    • Corporations
    • Family Limited Partnerships
    • Limited Liability Companies (LLC)
  • Estate Planning
  • Estate and Trust Administration
  • Estate and Trust Disputes and Litigation
  • Family, Marital and Community Property law
  • Federal Retirement Planning used for Asset Protection
    • Defined Benefit Planning
    • Defined Contribution Planning
  • Fiduciary Issues
  • Foreign Asset Protection Trusts
    • International Trust law
    • International Taxation
  • Foundations and Other Charitable Organizations
  • Generation-Skipping Transfer Planning
  • Lifetime Gift Planning
  • Planning for the Elderly
  • Probate of Estates
  • Tax Issues
    • Federal, State and Local Taxation
    • Fiduciary Income Tax Return Preparation
    • Gift and Estate Tax Return Preparation
    • Tax Audits
  • Trusts
    • Charitable Trusts
    • Dynasty Trusts
    • Insurance Trusts
    • Irrevocable Trusts
    • Irrevocable Children’s Trusts
    • Revocable Trusts
    • Special Needs Trusts
  • Valuation Issues
    • Discounting
  • Will Drafting

Your assets need the protection that only a skilled, experienced asset protection planner can provide.

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