If someone under the age of 18 in the state of California is involved in a personal injury settlement, there are additional regulations that do not apply in all personal injury cases. What do you need to know about and how many this affect your settlement?
In California, court supervision is required for cases involving minors. These regulations have been put in place by the state in order to ensure that children get a fair settlement. The funds will not be accessible to the child until he or she turns 18. In most cases, the funds will either be used to purchase an annuity or they will be put into a blocked account.
If an annuity is the chose form of settlement payment, funds with either be received annually starting from when the child turns 18 or they may be dispensed in lump sums at certain time periods (for example, one payment every three years or at particular birthdays until of the money is divested).
There are certain rare exceptions where the settlement is determined to be a sum of less than $5,000 where the money becomes immediately available for the minor. In even more exceptional situations, the court may allow parents to make funds available to minors before they turn 18. However, the circumstances surrounding such a situation need to be quite extraordinary.
Help in Attaining Fair Personal Injury Settlements
The courts often only provide assistance for minors seeking a settlement. Thus, it may become necessary to hire a personal injury attorney to determine if an insurance provider is offering a reasonable settlement. Petrov Law Firm will be happy to help you determine what a fair settlement should be. Contact us today at 619-344-0360.Read More
One of the biggest mistakes that people make with estate planning is thinking that all estate planning is about is what happens when you die. Your estate plan should include contingency plans for during your lifetime. Here’s something many people miss, and a quick fix for it.
Planning for Incapacitation
It’s a scenario we forget to plan for because we don’t like to think about it. What if you ever become mentally incapacitated during your lifetime? It could be due to an accident or illness that leaves you unconscious for a period of time or simply due to the mental degradation that sometimes accompanies old age. But it raises the question: Who will make financial decisions for you if you are no longer of sound mind to do so yourself?
Naming a power of attorney in your estate plan is the perfect way to ensure the courts don’t end up having to appoint a conservatorship to care for things for you. You get to select someone you trust to carry out your wishes rather than their own. And you don’t have to worry about undue influence affecting you if your judgment ever becomes less than sound. This can prevent your estate from becoming tied up in a long legal battle.
Planning for the Future in Southern California
From selecting a power of attorney to setting up revocable living trusts, Petrov Law Firm can help you select the estate planning options that are best for you. Speak to one of our estate planning attorneys to learn more. Call 619-344-0360 today to get started.Read More
While you probably don’t want to think about someone else having to raise your precious little ones, if you and your spouse experience an accident, you don’t want to add to the tragedy by not having a plan in place. Here are 5 tips for selecting an appropriate guardian should an accident leave your children orphaned.
- Someone your kids like – If you have friends that just make your kids go, “Ugh, do we have to see them again?” that’s probably not the family to leave your kids to.
- Values and parenting style – Every parent is going to raise their kids a little different, but if you have friends that you see raising their kids the way you would want yours to be taken care of, that’s a good option as a guardian.
- Location – Will your kids suddenly find themselves without parents and having to adjust to a new town and school? If you have nearby friends who could be the guardians, that can reduce the upheaval.
- Age and health – While you may want to leave your kids to your parents should something happen to you, how old are your parents? How is their health? Who would they leave the kids to if they also pass away before the kids are old enough to be on their own?
- Prepare the kids – Talk to your kids about who you have listed in your estate plan as guardians and why. Knowing your desire to care for them, even if you can’t be here to do it yourself, may be comforting, especially if your kids end up with those guardians someday.
Estate Plans with No Loose Ends in Southern California
If you need assistance with legally drafting an estate plan in the state of California, contact Petrov Law Firm by calling 619-344-0360. We can help you to prepare for your future and tie up loose ends to ensure nothing slips through the cracks.Read More
California was ranked among the top 6 states for traffic safety laws according to a recent study performed by the Advocates for Highway and Auto Safety. What laws are in place that protect California residents? Are there any laws that could be added to increase safety further? How many fatalities occur on California roads despite these laws? Read on to learn the answers.
California State Laws that Protect Drivers
California lawmakers have adopted numerous laws to show that safety is important in the state. For example, seat belts are required for all drivers and passengers, including those in the back seat of the vehicle. Motorcycle riders are required to wear helmets. Infants and toddlers must be in a rear-facing seat at least through age 2, and there is a booster seat law in place. Other important laws include a ban on open alcoholic containers in the vehicle as well as a ban on texting and driving.
Other Laws Suggested in the Report
Of course, there are still states that have stricter laws when it comes to certain habits, and the report listed some that could be of benefit in California. For example, while texting and driving is banned, many states have a law against all hand-held devices. This would further reduce distractions for drivers. California also does not yet require ignition locks for all offenders of impaired driving laws.
If You Have Been Injured on California Roads
While no system of driving laws is perfect, one of the most highly trafficked states has been able to keep the 10-year fatality statistic at 31,750. Of course, many more are injured in accidents. It is estimated that accidents cost the state nearly $20 billion per year. If you have been injured in an automotive accident, seek the compensation you are owed by calling 619-344-0360. The personal injury lawyers at Petrov Law Firm will be happy to assist you.Read More
Distracted driving results in many accidents, injuries, and even deaths on California roads each year. We’re going to look at 5 common things that distract drivers. Then we will provide information on what you should do if you have been injured in an accident with a distracted driver.
- Smartphones – Oh sure, there is a law that you can’t text and drive. But that doesn’t stop some drivers from being distracted by cell phone use. As of yet, there is no completely hands-free legislation in California.
- Music – Whether a driver has an old-school CD player or is scrolling on a mobile device to select a song, playing music in the car can be distracting to a driver. It is preferable to get your music playing before you get on the road. If you have passengers, let one of them DJ for you.
- Food and Drink – Dashboard dining can be a major distraction, especially if you are eating something messy. Taking your eyes off the road or hands of the wheel for just a second can be all it takes for an accident to occur.
- Reading – Texting and driving may be the most modern form of reading and driving, but it is not the only way reading distracts drivers. Whether it is a newspaper, magazine, or book reading and driving is never a good idea. Get an audiobook
- Videos – More and more vehicles have a video entertainment system. That’s fine for kids in the backseat. Just keep the video out of the view of the driver so he or she is not tempted to watch along.
If You Have Been Injured by a Distracted Driver
The personal injury attorneys at Petrov Law Firm are here to help if you have been the victim of a distracted driver. To learn more, contact us today at 619-344-0360. Before you sign any settlement from an insurance company, it is important to seek legal advice so you get the full compensation you deserve!Read More
No one wants to think about the end of his or her life. However, if you have anything to leave behind to your loved ones, you have probably at least gone through the mental exercise of deciding who gets what. There are other elements of an estate plan, however, that require engaging the emotions. Here are a few things to consider:
- Protecting the emotions of survivors – When you pass away, there will be people who mourn you. Your estate plan can make things easier for But you need to consider now what emotional burdens your family may face so you can plan accordingly. For example, will it save infighting if you detail how you want the funeral to be arranged?
- Keep private matters private – A last will and testament becomes public record when you die. So if you don’t want everyone being able to look into your business, it is better to consider other estate planning options such as leaving assets to your loved ones by means of a trust. This can keep anyone from having hard feelings over knowing who received which parts of your estate.
- Leaving behind a legacy – You may wish to leave private letters or videos for your beneficiaries to provide advice or just to say goodbye and give them a memento. Your estate is a great way to pass on heirlooms, family lore, and other priceless history that may not have monetary value but plenty of sentimental value.
California’s Compassionate Estate Planning Attorneys
If you want estate planning attorneys on your side who can help you to navigate both the logical and emotional side of planning for the future, you want the compassionate lawyers at Petrov Law Firm in your corner. Contact us today at 619-344-0360 to start planning how to leave your loved ones something truly special.Read More
Some people are willing to take the chance that everything will pass to their spouse and kids. Others are content to draw up a will and let the courts have their part in matters. But if you want your family to receive your estate with an increased degree of certainty and without the courts causing delays and expenses, there are two things you need to include in your estate planning.
- Trusts – A trust can allow your heirs to skip probate. You can manage the trust while you are alive and appoint a successor trustee to carry out your wishes and disseminate the trust in your absence. It gives you the flexibility you need while you are alive and provides your beneficiaries with the convenience of fewer court fees and the excessive time it may take to receive funds if probate is involved.
- Power of Attorney – Whether you are appointing a healthcare agent to make medical decisions should you become incapacitated or a power of attorney to make financial decisions, this is a great way to block courts from stepping in and appointing a conservatorship to take care of matters for you. You can outline your wishes in advance and appoint someone you trust to carry out those wishes as opposed to whomever the court may grant guardianship to.
Smart Estate Planning in Southern California
Petrov Law Firm offers smart estate planning options to residents of San Diego and the surrounding areas. If you are ready to take control of your future rather than leaving it in the hands of the court system, give us a call today at 619-344-0360.Read More
When you slip and fall, the first thing you need to do is get the proper medical attention. But while you are waiting for help to arrive and after you have seen a medical professional, here are a few things to think about.
- Document the Conditions – If you slipped on a wet floor with no sign or an obscured wet floor sign, use your smartphone camera to document the conditions. Or maybe you tripped because a sidewalk was not properly maintained or carpeting was worn and rippling. Whatever the cause of the fall, makes sure you can show what the conditions were like.
- Proving Negligence – Once again, this goes back to documenting the conditions. If you had reported the dangerous condition on a previous visit, note when it happened so you can show that there was plenty of time to fix the problem. Take pictures of the current situation so you can show why you didn’t notice the danger today.
- Report the Accident – Report it at the scene of the injury. Report it to the medical professional who tends to your injuries. And be sure to report it to a personal injury lawyer who can help you to build your case.
San Diego’s Personal Injury Attorneys
If you live in the state of California and have experienced a personal injury due to a slip and fall, bring your case to Petrov Law Firm. We can help you to determine if you have a viable case and what losses you can try to gain compensation for. Call 619-344-0360 to get started today.Read More
If you have been injured, you may wonder how you will receive compensation for your medical bills, lost work, and other expenses that you incur. The solution will be related to the answers to the following three questions.
What Type of Injury Did You Suffer?
There are a number of different ways that may have sustained a personal injury. Some of these possibilities include:
- Car accidents
- Dog or other animal bites
- Slip and fall accidents
The way you were injured is important because different California state laws will dictate who is at fault for the injury and how the expenses will be covered.
When Did the Injury Occur?
Why is the timing of the injury important? It is because California state law has a statute of limitations on seeking compensation for an accident that leads to injury. As a result, it is important to seek legal assistance as soon as you can following such an injury.
Who Is Responsible for the Injury?
Finally, you need to determine if there was any fault or negligence on the part of someone else that led to your injury. Most defending lawyers in a personal injury case will try to make a case that blame is shared due to various factors. You want someone in your corner who can ensure you are fully compensated for your losses.
Personal Injury Lawyers in San Diego, California
If you have been injured in southern California, contact the personal injury attorneys at Petrov Law Firm. We have the experience and ability to help you maximize your settlement. Call 619-344-0360 today to get started.Read More
When it comes to estate planning, trusts are an excellent way to protect your family from drawn-out court proceedings and expensive probate hearings. We’re going to look at two of those options, and how they may be able to add a level of protection to your estate plan.
Revocable Living Trust
A revocable living trust is a great way to leave your estate to your beneficiaries without having it go through probate. You can even serve as the trustee while you are still alive and control what goes into the estate personally. Then you can appoint a successor trustee to distribute things to the right heirs at the right time. Some people even decide to make the revocable living trust the beneficiary of their life insurance policy. That makes it payable to the trust beneficiaries and no one else.
Irrevocable Life Insurance Trust
This type of trust helps you to administer the benefits of one or more life insurance policies for your beneficiaries. It provides tax benefits and protects the insurance money from creditors. You can also fund the trust with other assets besides just your insurance policies. Those assets can be used to pay the insurance premiums.
Planning for Your Estate in California
If you have an estate to leave to beneficiaries in California, even if it is primarily your life insurance policy, you can still benefit from the professional advice of the estate planning attorneys at the Petrov Law Firm. To get started, give our San Diego office a call at 619-344-0360.Read More