How a Business Attorney Can Protect Your Interests

As business attorneys, we can help to protect you and your company both now and in the future. If you are an entrepreneur and starting a business for the first time or if you own a small business and are looking to grow and expand, it is important to work with an experienced attorney that you can turn to for legal guidance and support.  Most people are unaware of how many things can go wrong in a company by not legally protecting it.  Here are a few examples –

Partnership Agreements

If you are anything but a sole proprietorship, you will either have business partners or other people owning stock, or shares, or some type of interest in your company.  Even if you are the founder of the company, once you take on partners, you may no longer have complete control.  The agreements that are written and signed prior to taking on partners will determine how much authority you, and they, have.  In the event that there is ever a conflict regarding how the business should be run, profits disbursed or cash calls, these agreements will dictate how those decisions are made.  It is imperative that you have a business attorney create them for you to ensure that your interests are protected now and in the future, whatever it may bring.  Otherwise, you could find yourself on the wrong end of a partnership dispute and losing an important fight, and perhaps the ability to direct the business that you worked so hard to build.

Contracts

As business attorneys, we highly recommend that you allow us to prepare your contracts for you and review contracts proposed by others, rather than writing and reviewing them yourself.  In any business deal, there are a number of matters that should be specifically addressed in the contract so as to limit your liability/exposure to the extent possible and, generally, avoid problems down the road.  You’ve heard the phrase, “Good fences make good neighbors.”  It might also be said that, good contracts make good business relationships.  When contracts are clear and well written, the parties know their rights and obligations when they enter the contract, and they likewise know where they stand when things do not go as planned. By allowing us to write or review your contracts, we can protect your business interests while working to prevent potential conflict before it begins.

Licenses & Permits

Another reason to work with business attorneys is to ensure that you have all of the necessary licenses and permits that are required to conduct your business in your particular city, county, and state.  Otherwise, you could end up paying penalties or fines due to simple mistakes or a lack of information. This is something that we can assist with.
To learn more about how we can help your business remain on a firm footing while protecting your interest, call our office to speak with one of our business attorneys.

Car Accident Lawyers Can Help You Recover Financially After an Accident

When you are in a car wreck, car accident lawyers can represent you, helping you to recover financial damages for your injuries or losses. Most people experience some form of shock after an accident that can blind their better judgment and instincts. This can make it difficult to deal with insurance companies and to handle the negotiations that often accompanies this sort of claim.  Even if you have started the process and realize that you are being treated unfairly, we can step in and take over negotiations on your behalf.

What do car accident lawyers do?

As car accident lawyers, we specialize in automobile accidents and helping those injured in them. We are also referred to as a personal injury attorney and specialize in representing the injured party. A personal injury includes any physical harm or emotional upset that was sustained as a result of an automobile accident.

If you have sustained an injury, or your car has been damaged in an accident that was not your fault, we have the ability to secure the compensation that is required to pay for your treatment or car improvement. We fight for your medical expenses, personal property damage, and current or future lost wages following an unfortunate accident. 

Can’t I just hire any type of attorney to represent me following an accident?

When you are in an automobile accident and are looking for an attorney to represent your case, do not settle for any lawyer. As car accident lawyers, we have in-depth experience in handling these types of cases and working with us will better your chances of winning your case.  

How do I know if I need a car accident lawyer?

If you were not injured or your claim is not more than $3,000, you may be able to work directly with the insurance company.  However, if you are in pain, have a loss of mobility, require medication, or feel unable to continue with normal activities as you used to – you should speak with one of our car accident lawyers.  In this situation, you may have extensive soft tissue damage that requires medical attention and ongoing treatment.  This makes it critical for you to receive compensation that can not only cover your medical expenses to date but also account for the expenses you will have in the future.  Since many insurance companies want to settle your claim quickly, it is important to wait to resolve the case until there is a full picture of what your injuries truly are.

Working with a lawyer is also beneficial due to how complicated the legal system is.  Any time that you go to court specific paperwork must be filed with the court and served on the other party.  There are deadlines and a specific process for how to gather and submit evidence to the court, filing deadlines for your witness list, pre-trial motions that can be made, etc.  Without extensive legal training and courtroom experience, it can be difficult, if not impossible, to understand these rules and to follow them.  Working with experienced car accident attorneys can, therefore, ensure that you have the best opportunity for success in your case.

Motorcycle Accident Lawyers Explains How to Work With the Insurance Company

As motorcycle accident lawyers, we help a lot of people that have been injured and are unsure of how to work with the insurance company (whether it be their own or the other driver’s) or what their next step should be.  This is understandable since most people do not often deal with another party’s insurance company, and are even less familiar with how to proceed with their own insurance company if the driver that hit them does not have enough insurance coverage, or no insurance. With that in mind, here are a few tips –

One of the first steps is to call your insurance company’s claim department.  Most have one that is available 24/7.  On this call, you will be speaking with a service representative that will take down your personal information and the basic facts of what happened in the accident. The purpose of this call is for you to open a claim and have a claim number assigned to you.  Your insurance company will also likely ask you to give a “recorded statement,” in which they will question you about the details of the accident and record the interview/call.  Because this process is unfamiliar to most people and even intimidating to some, and because you want to make sure that your account of the accident and your injuries is correctly stated, it is often helpful to meet with your motorcycle accident lawyer prior to giving such a statement so you will know what to expect.

You should always attend to your injuries right away; get checked out by a doctor and follow his/her recommendations. Give them your auto insurance information and claim number as well as your health insurance information. That way, your medical bills will be properly submitted and lessen your out-of-pocket expenses for medical bills that you did not cause.
We will be happy to meet with you and discuss what happened leading up to and during the accident.  Every detail can be valuable for building your case, so try to remember as much as you can and do not leave anything out, including what was around you, the road and weather conditions, etc.  You never know what will be used at a later date to prove your case.   If you do retain our services, we can then work with the insurance company on your behalf so that you will not have to worry about gathering your medical records, medical bills, wage loss information, etc., compiling that information and getting it to them.

As motorcycle accident lawyer, we will warn you that most insurance companies aggressively defend personal injury claims; therefore, you may be required to answer written questions under oath (interrogatories) or to appear for a deposition (where you are questioned under oath by the opposing party’s attorney).  The result of this discovery process will determine whether or not they make a settlement offer and, if so, how much they are willing to offer.  We can negotiate on your behalf to ensure that you receive the compensation you require, and if the insurance company’s offer is unreasonable, we can go to court and allow a jury to decide.

Terms You Can Expect to Hear from Civil Litigation Attorneys in Rapid City

As civil litigation attorneys in Rapid City, we represent clients with a variety of legal challenges.  Many people are unfamiliar with the differences between criminal and civil law, the terms that are used and the process in general.  If you are not an attorney or trained in the law, a lack of understanding can lead to complications when trying to go to court on your own.  This is one reason we always recommend retaining legal counsel.

In conversations with clients, we have found that people become more comfortable when they understand what to expect from the process.  With that in mind, here are some terms that you may encounter when engaged in civil litigation.

• Complaint.  As civil litigation attorneys in Rapid City, we can file a complaint (lawsuit) on your behalf.  This is a written document that sets forth your allegations (i.e., how you were wronged or injured and the remedy you are asking for).  It is signed and filed with the court and formally served (e.g. delivered by a Sheriff) on the person(s) you are suing. 
• Plaintiff.  You are the plaintiff if you are the one suing someone else.  For example, if you were injured due to a defective product and wanted to sue the company that made it, you would be the plaintiff.
• Defendant.  The defendant is the person or business you are suing, or against whom the lawsuit is being brought.  In some cases, like the example above, there may be multiple individuals or companies that contributed to what happened or are at fault.  We will help you identify them to make sure that the appropriate individuals or companies are included in the suit so that the appropriate individuals or companies are held accountable and you receive the financial compensation needed to compensate you for your injuries.
• Mediation.  Basically, a mediation is when the two parties in the lawsuit hire a neutral third party to assist them in negotiating in an effort to reach a settlement.  There are times where mediation can be helpful. For example, mediation allows the parties to often get the case resolved sooner, avoids the risks inherit with any trial, and avoid the additional costs that will be incurred at trial (e.g. expert witness fees).  Most mediations are non-binding; therefore, if the final offer proposed by the opposing party is insufficient, you have the ability to decline the offer and proceed to trial.
• Hearing.  Before the actual trial, the attorneys for the parties may appear before the Judge and submit oral argument concerning a motion or other matter and respond to any questions from the Judge.  The Judge may issue an oral decision that day, or take the matter under advisement and issue a Memorandum Decision or Order at a later date. 
• Discovery.  As civil litigation attorneys in Rapid City, we use discovery to “discover” facts and documents that might be helpful or harmful to your case so that we know all of the facts relevant to the lawsuit when we go to trial. Discovery typically consists of sending the defendant interrogatories (a list of questions that need to be responded to under oath), requests for production of documents (written requests for documents, or to inspect things), requests for admissions (written requests asking the opposing party to admit certain facts relevant to the lawsuit), and depositions (an individual is placed under oath and questioned by an attorney in the presence of a court reporter). As is readily apparent, the information obtained through discovery can be very critical in building your case.

To learn more about the legal process or to discuss your case in detail, schedule a consultation. 

What You Should Know About Gathering Evidence from a Trial Attorney

As trial attorneys, I know that a large part of the effort that goes into building a case often has to do with understanding the severity of the injuries that my clients have suffered so that I can better explain those injuries to the responsible party’s insurance company (or to the jury if the case goes to trial).  This also helps the jury when deciding the amount of compensation that my clients should receive.

Also, if you were in a simple fender-bender in which no one was injured, the insurance company for the driver at fault might be willing to make a financial offer that is acceptable and settle the matter outside of court. In contrast, if the car wreck involved multiple vehicles (and therefore multiple drivers), if you sustained severe and complicated medical injuries, or if you are seeking significant damages as a result of your injuries and losses, it is often more difficult to reach a settlement outside of court and a lawsuit may need to be brought. While most people would prefer to settle outside of court to save time, cost, and energy, that is not always possible.  When that happens, you need an attorney that has trial experience and knows how to gather evidence as part of the preparation process, something we strive to do well.  

In today’s digital world, more and more evidence is gathered based on your digital footprint, some of which could be helpful in building your case.

•    Cell phones. Your cell phone can come in handy after an accident.  If you were using a navigation app, it might show us where you were when the accident occurred and even what businesses were around you.  Simultaneously, your phone can be used to capture information at the scene of the wreck, including pictures of both vehicles’ location after impact, the damage to both vehicles, the road, the condition of the other driver, etc.   Assuming it can be done safely; taking pictures of everything you can, will often be helpful since they can be used in court.  As trial attorneys, we know that it is easy to forget things after the fact and pictures can help to jog the memory and provide context. 

•    Social media.  If your accident was out of the ordinary, there is a good chance that other people also took photos and posted them to social media.  If you were too injured to take pictures and pictures taken by others can be located, they it might be useful in showing the jury how extensive the accident really was. 

•    Cameras.  At many places you go, a camera or video camera may be capturing an image of you.  If the other driver ran a red light, as an example, we might be able to locate that footage to use in court. 

As trial attorneys, we are always prepared to go to court.  That being said, many of our clients often desire to get their claims resolved without have to go to court.  However, that is only possible if the responsible party’s insurance company is willing to settlement the claim for a reasonable amount.  If they are not, going to court becomes the only way to get our client compensated for the injuries and damages he/she sustained.  In that event, we will work with you to build the case to explain what happened and why you are deserving of compensation.   For more information, call and schedule a consultation.

Call a Motorcycle Accident Attorney After Your Crash

As motorcycle accident attorneys, we know how easy it is to get in a crash, regardless of how careful of a rider you are. Motorcycling is a way of life to many thousands of people, few of whom probably ever give a thought to needing a lawyer. However, should you ever get into an accident while riding your motorcycle; you should have an experienced motorcycle accident attorney in your corner. This is because a road accident involving a motorcycle and some other type of vehicle often presents some unique challenges.

Because motorcycles are narrower and considerably smaller than most other vehicles, such as cars, pickups, and SUVs, it is all too common for drivers to somehow fail to see motorcycles, resulting in them doing something like pulling out in front of, making a lane change into, or making a left-hand turn in front of, and into the path of, the motorcycle.

Due to their very nature, the rider of a motorcycle does not have the same protection that operators and passengers of car, pickups, and SUVs do.  As a result, motorcycle riders are far more likely to sustain serious or even fatal injuries in a collision.  As motorcycle accident attorneys, many of our clients therefore have serious injuries and require significant compensation to pay for medical bills, lost wages, and lost future earnings.

Motorcycle riders injured in collisions also face another challenge, since many people’s first assumption when hearing of a motorcycle wreck is that the motorcycle rider likely did something wrong. This is an incorrect assumption.  One study concluded that in nearly two-thirds of collisions involving a motorcycle and another type of vehicle, the motorcycle rider was not at fault.  However, it will fall to us, as your motorcycle accident attorneys, to show that you were riding in a reasonable manner, and did not cause the collision.

You need to bear in mind that it is important to contact an attorney promptly. Not only is there a limited time period in which you can file a claim, but evidence can be lost (such as skid marks fading away, vehicles being repaired, event data recorder information being lost, etc.) and crucial details can easily slip witnesses’ minds and be forgotten.

We do understand that recalling the details of the accident can be extremely distressing and emotionally draining for the person who was involved, and who was injured. You can be assured that we will handle this in a gentle and patient manner.  On the other hand, we also need as many details as possible to first determine if you have a case, and secondly to plan a course of action.

The injuries sustained in a motorcycle/vehicle accident can be extremely severe, and the associated cost of medical care and rehabilitation very high. Additionally, you may be unable to return to work for a period of time, resulting in you losing much-needed income.  It is for these reasons that a motorcycle accident attorney can prove to be very valuable when negotiating with the other driver’s insurance company or, if necessary, presenting your case in court.

To protect your interests and those of your family, hire an experienced motorcycle accident attorney who understands the complexities of motorcycle crashes, and who will help you understand your rights and get the compensation needed to reimburse you for your injuries and damages.  Give us a call to schedule your consultation today.

Speak With a Lawyer Before Entering Into a Real Estate Contract

As local lawyers, we often work with clients that are purchasing or selling real estate.  Whether you are purchasing or selling a home for your family, buying or selling an investment property, or leasing an office for your business, we can help to ensure that your rights are protected.  Real estate law can be complex and we believe that it is far easier to avoid disputes down the road by crafting the right contract ahead of time.  Here are some things you should keep in mind when entering a real estate transaction:

Who will own the property?

This is far more complicated than it sounds.  How you title the property will influence your ownership rights, have tax implications, and make a difference in your estate.  If, for example, you want to purchase the property in an LLC, that can help to protect you from personal liability, but your LLC documents need to be in place first.  The LLC documents will dictate the members’ respective rights, such as what happens if one member wants to sell, etc.  As such, your ownership documents must be in proper form before completing your purchase.  Simultaneously, if you are considering estate planning, you may want to hold the property in a trust, which also must be set up ahead of time.  We can go over your options with you, so that you can make an informed decision regarding who should actually own the property.

What do you want to do with the property?

Your immediate and long-term plans for the property are also relevant. For example, if you are purchasing a home and want to permanently make it into commercial office space, the zoning laws, etc. should be reviewed.  Similarly, if you are buying a property and want to subdivide it or build on it, there are other considerations that need to be reviewed to ensure that you are legally allowed to do so.  Take the time to check everything as part of your due diligence process so that you don’t end up stuck with a property that you can’t use.

Who gets the property later on?

Is this going to be a flip or a long-term hold?  Your intentions with regard to the property are important. By understanding your goals, we can help you to plan ahead to make it easy from the beginning.

What if you want out of it?

Not every real estate deal works out.  You may find something in your due diligence that makes the property uninhabitable, defective, a bad deal, or simply not suited for your purposes.  The contract needs to address the circumstances that will allow you to not follow through with the purchase of the purchase and, if so, what happens, such as whether you forgo any down payment or earnest money.  As your lawyers, we can draft your purchase and sale agreement to ensure that your rights are protected.