Phillips, Silver, Talman, Aframe & Sinrich, P.C.FindLaw IM Template2024-03-15T14:58:48Zhttps://www.pstas.com/feed/atom/WordPressOn Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648452024-03-15T09:55:05Z2024-03-15T09:37:48Zmodified comparative negligence system for all personal injury cases, including car accidents. Therefore, if your share of the blame in the accident is under 51%, you remain eligible to claim compensation, with the amount adjusted to reflect your level of fault. For example, if you are found to be 30% at fault and the total damages amount to $10,000, you can only receive 70% of the total damages or $7,000.
Unfortunately, because of the same rules, you cannot recover any compensation if the other party can prove that you are more responsible for the accident. What you do and say immediately after the car crash can affect your ability to recover compensation for your injuries.
Why what you do after the car crash matters
Your actions after the crash can directly influence the outcome of your claim. The most important thing you should do is to check whether you or anyone else sustained any injuries and call 911 if necessary. If you are safe and not visibly hurt, you should do the following:
Document the crash scene: Take photos of the scene, your injuries and any property damage. Collect names and contact information of witnesses. Keep a diary of your symptoms and how they affect your daily life.
Report the accident: Contact the police and notify your insurance company about the crash. Only talk about the observable facts. Avoid admitting fault, apologizing or making any statements they can use against you later.
Seek medical attention: Your health is paramount. Even if you think you are okay, some injuries take time to manifest. Medical records will also be vital evidence for your claim.
When seeking compensation from the at-fault party, it is important to clearly demonstrate the full extent of your losses and the legal basis for your claim. The goal is to ensure you receive the maximum amount of compensation you rightfully and lawfully deserve.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648442024-03-13T17:36:18Z2024-03-13T17:36:18Zmajority of adults in the United States do not currently have any estate planning paperwork on record. If they die, their families may need to undergo intestate succession proceedings because of the lack of estate planning preparation.
Unfortunately, those with an estate plan don't always protect their families from complicated probate matters. Sometimes, people have very outdated documents that lead to arguments among their beneficiaries and potentially litigation in probate court. The best way to maximize the return on the time and money invested in estate planning is to occasionally revisit and update documents for enhanced personal protection.
When might it be time for someone to review and update their estate planning paperwork?
When family relationships change
One of the most common reasons to update an estate plan is a change in family circumstances. The birth of a child or grandchild might require the addition of new beneficiaries to the documents and a reallocation of someone's resources. The premature death of a family member might necessitate their removal as a beneficiary or from positions of authority. Divorce and even estrangement might warrant someone changing their estate planning documents as well. Remarriage can also create unique concerns for those beginning of blended family. Any substantial changes to family circumstances may warrant updates to estate planning documents.
When health expectations change
A basic estate plan usually reflects someone's belief that they may die of natural causes decades in the future. A sudden diagnosis of a terminal illness or the discovery of a degenerative condition could alter someone's needs and wishes. From changes to someone's will or the creation of a trust to the decision to draft powers of attorney and advance directives for healthcare matters, there are many estate planning updates that could be necessary when someone must adjust to changes in their health.
When financial circumstances shift
Maybe someone's small business takes off, and their personal holdings suddenly sore in value. Perhaps someone acquires particularly valuable assets, such as real property, that require specific instructions in an estate plan. Changes in economic circumstances often necessitate updates to estate planning documents. People need to account for good fortune by distributing their new assets among their family members and beneficiaries. They may also need to adjust their estate plans in cases where economic struggles could potentially affect the legacy they leave after they die.
Taking the time to revisit and update estate planning documents is often as important as choosing to draft paperwork in the first place.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648432024-03-11T07:39:56Z2024-03-08T16:18:49ZScope creep is a term that’s often used in the construction industry. It refers to situations where the initial goals of a project begin to expand or change as the project goes on. In smaller projects, scope creep can result in additional tasks, pushing deadlines and potentially causing budget overruns.
However, for larger projects, the implications can be even more significant, leading to extensive delays, skyrocketing costs and a final product that differs greatly from the original plan.Here are three instances of scope creep.
Unexpected changes in project requirements
One instance when scope creep occurs is when there are unexpected changes in project requirements. This can happen when a client decides they want additional features or improvements that were not part of the initial plan.If project managers and teams don’t manage these changes properly, they can increase the project’s scope, extending the project’s timeline and inflating the budget.
Inadequate initial project definition
Scope creep can also occur if the project description is vague or incomplete. If the project team doesn’t thoroughly define and agree on the project’s scope from the start, it can create a lot of uncertainty. The project might begin well, but due to unclear original guidelines, additional tasks may sneak in.In other words, a vague start could let the project’s scope quickly expand, exceeding the initial boundaries.
Unexpected site conditions
Unforeseen site conditions commonly cause scope creep in the construction industry. These could include:
Unexpected ground conditions
Hidden structures
Environmental factors
When construction discovers these conditions, it may be necessary to make changes to the project. These can often lead to expanding the project’s scope and changing what’s on the original contract.
Solving this dispute
It’s important to recognize when scope creep can occur. This awareness allows businesses to take preventive steps and ensure the project adheres to its initial goals and timeline. By setting clear and detailed project goals from the start, regularly communicating with all stakeholders and having a process for managing changes, they can prevent scope creep and perform what was originally on the contract.However, if the issue continues, it can be beneficial to consult an attorney to get a better understanding of all available options in such a scenario.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648422024-02-27T10:30:12Z2024-02-27T10:30:12ZHow happens during the misclassification?
Exempt employee misclassification occurs when an employer incorrectly misclassifies workers as exempt employees, whom the law does not entitle overtime pay.
Under the Fair Labor Standards Act (FLSA), employers must pay nonexempt employees overtime pay for hours worked over 40 hours in a workweek. The same does not apply to exempt employees who usually hold positions earning a salary above a certain threshold and not in an hourly wage basis.
If an employer deliberately misclassifies an employee as exempt, the employee will not receive overtime pay the law legally entitles them to. Consequently, the employer will be in violation of the FLSA provisions and can be guilty of wage theft.
What are the consequences of this misclassification?
When employers intentionally misclassify employees to avoid paying overtime wages, and the court finds them guilty of the same, it can leave them owing back wages, taxes, fines and penalties.
Exploring your remedies as a misclassified employee
Employee misclassification can be an honest mistake, but some employers intentionally do it to save costs at the expense of their employees. If you believe your employer misclassified you as exempt, it is advisable to seek advice from a legal professional to know the available remedies to your situation and find ways to protect your employee rights.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648412024-02-14T07:59:04Z2024-02-14T07:59:04ZA succession plan often serves as a contingency, allocating responsibilities and roles left in the air due to sudden events. However, it can involve more than lists of potential replacements, including the following considerations:
Regular skills evaluations, helping leaders determine who can be viable to take on significant responsibilities
Training that can be necessary to prepare employees for uncertain situations
Systems that can help make turnover happen quickly and smoothly
Sustainability of the strategy over time, including regular updates to accommodate the changing needs of the organization
Formal agreements that may be necessary in specific scenarios
Most small businesses can focus on issues regarding ownership and employment, while large corporations may concentrate on protecting wide-scale operations and shareholders' interests. There is no such thing as a one-size-fits-all succession plan. It can vary based on the business's size and nature.
Developing a succession plan that works
Creating a succession plan can seem easy, but its effectiveness might only be apparent when it is time to implement it. Unfortunately, the complications accompanying these disruptive events can be equally unpredictable, possibly putting the leaders in challenging situations.
During succession planning, seeking legal counsel for proper guidance can be helpful. Experienced insight can also help cover all issues, including those that may arise from circumstances unique to the company's operations.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648392024-02-01T15:51:47Z2024-02-01T15:51:47ZIn personal injury cases, a common issue is whether to accept an insurer's settlement offer right away. Here’s the thing: making decisions too quickly could cost you. That’s why it's crucial to first assess your situation before saying 'yes.' Doing so ensures you receive fair treatment and helps avoid settling for less than your claim's true worth.
When considering a settlement offer, here are some important factors.
Extent of injuries
One critical factor in evaluating a settlement offer is how severe your injuries are. This doesn’t just refer to the immediate physical harm but also the long-term effects of your injuries. Here are some conditions that could increase the value of your claim:
The need for multiple medical treatments
The need for long-term care
Injuries leading to permanent disability or other long-lasting problems
Injuries affecting your quality of life
The cost of your medical care, recovery time and any lasting changes to your life are all important when determining a settlement offer.
Finality of offer
Sometimes, an insurance company might present their first offer as their ‘final’ one, making it seem like there’s no room for negotiation. But don’t be misled. This tactic often aims to settle a case quickly and for less than they could potentially offer. So, when considering the settlement amount, ensure it fully covers all your losses. Because once you accept an offer, you typically can’t take any further legal action related to your injury.If you accept their first offer, it might very well be the only settlement you receive.
Legal counsel by your side
When contemplating a settlement offer, it’s crucial to be open to negotiation. Insurers often start with a low offer, expecting you to negotiate. You shouldn't shy away from this. If their offer doesn’t cover all your costs or seems unfair, it can be worth pushing for more. However, this requires careful consideration and a firm understanding of your rights and your claim’s value.So, you should consult with a legal professional. They can help you understand what your claim is truly worth and deal with insurance companies on your behalf.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648382024-01-19T09:30:43Z2024-01-19T09:30:43ZMassachusetts law has provisions allowing the removal of trustees under specific circumstances. These scenarios include the following:
Any incident that can pass as a breach of trust
Issues arising from disputes, conflict or friction with other co-trustees, impacting the trust administration process
Repetitive failure of the trustee to accomplish their duties, possibly related to unwillingness and other factors considered relevant by law
Significant life events or changes that may call for the removal of the trustee, which may be in the best interests of all beneficiaries as decided by the court
Any situation that meets these scenarios can provide valid reasons to remove a trustee. The decision can hinge on whether the beneficiaries raise valid issues, usually followed by validation in court. Even if the removal of the trustee is still pending, the court can order reasonable measures as precautions to secure the trust.
Knowing what to do about trust issues
As a beneficiary, you have the right to bring up issues that may affect the trust. In these instances, it can help to seek legal counsel immediately. Proper guidance can also help you determine the most appropriate ways to address trust problems, especially if they involve the trustee. The solution might not be their immediate removal, but taking the correct course of action can help find resolutions that can help preserve and protect the trust.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648372024-01-13T03:36:27Z2024-01-13T03:36:27ZThe parties cannot go to court immediately
The goal of an ADR clause is to prevent frivolous litigation. By requiring an attempt to resolve the matter outside of court, ADR clauses can help preserve working relationships between businesses while also protecting the reputation of the parties embroiled in the dispute.
An ADR clause might leave the choice of the style of dispute resolution to the party bringing the complaint. Both mediation and arbitration are forms of alternative dispute resolution that can work for those embroiled in a construction dispute. Ideally, either mediation or arbitration can lead to compromises that allow the parties to settle the matter as amicably as possible.
They can sign an agreement after successfully arbitrating or mediating the matter and avoid going to court. However, not all attempts at ADR are successful. In some cases, the parties cannot reach a compromise that they both feel is appropriate. They may then need to take the matter on to court to have a judge rule on the issue. If someone tries to litigate in violation of an ADR clause, that could lead to the courts dismissing the lawsuit in some cases.
The vast majority of business lawsuits end up settling outside of court or being dismissed, and ADR clauses may help businesses by increasing their likelihood of settling an issue without litigating it. Including the right terms in construction contracts can limit the likelihood of a dispute arising and facilitate a more amicable resolution to a dispute if a disagreement does occur.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648362024-01-19T08:32:27Z2024-01-10T15:35:59ZWhen investigating before closing a sale on a business, it can be helpful to review the following:
Sales numbers and projections - Past sales numbers can imply if the business model can endure the test of time. These figures can also give an intuitive insight into whether significant changes should occur after finalizing the purchase.
Implied messages during the sales presentation - Since the buyer may need to shell out considerable amounts to close the purchase, it is reasonable to allow time to deliberate and perform due diligence. If the sales pitch expresses intense pressure to close the sale, it can be a red flag.
Tax history and other financial records - If there are discrepancies involving financials, the business may have severe issues that can have costly consequences. It could help to investigate further if there are inconsistencies.
The business's reputation and brand history - Due diligence should include any issues involving the business's brand. This information can provide more details on whether the company committed any mistakes that can lead to legal problems later.
Other information about the business can also be relevant, depending on the nature of its operations.
Conducting due diligence adequately
Doing due diligence can be a tedious task that requires extensive time and effort. Some might consider it a hassle, but it can be necessary, especially when planning to buy a business. By reviewing essential details, buyers can vet through options and make an investment that truly aligns with their goals.]]>On Behalf of Phillips, Silver, Talman, Aframe & Sinrich, P.C.https://www.pstas.com/?p=648352024-03-15T08:26:12Z2023-12-28T06:49:02Zinclude increases in the minimum wage, provisions for paid sick leave, more stringent overtime pay requirements and other regulations designed to protect workers' rights and improve their working conditions. Below are some examples of the improvements the state implemented.
Minimum wage
The federal minimum wage as of July 24, 2009, is $7.25 per hour, while the minimum wage in Massachusetts is $15.00 per hour. Employers should give the higher of the two, meaning if you are a covered nonexempt employee, you should get at least $15.00 for every hour you work.
On the other hand, the minimum wage for tipped workers who receive more than $20.00 a month in tips in Massachusetts is $6.75. The federal minimum wage rate for these tipped workers is only $2.13. As you see, the minimum salary you should legally receive depends significantly on the industry you are working in and the state where you work.
Overtime
Any employee who works more than 40 hours in a workweek should receive overtime pay, which is at least one and one-half times their regular rate of pay. The FLSA and Massachusetts labor laws do not require overtime pay for work on weekends, holidays and regular days of rest, unless the employee worked overtime on those days. The state may have its own overtime rules, including different standards for what constitutes overtime or which employees are eligible.
However, the primary difference between the state and federal laws is the legal remedies available to employees. If you are eligible for overtime according to Massachusetts regulations, you can receive up to three years' worth of unpaid overtime wages. If your claim is successful, the damages your employer must pay could be triple what they owe. The FLSA only allows you to recover for two years, and the court may only award you double the unpaid wages in damages.
It is important to note that when federal and state labor laws differ, the law that provides the most protection or benefit to the employee generally takes precedence. By understanding the labor laws, you can have a better chance of preserving and protecting your rights as an employee and fighting for them when necessary.]]>