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How Do Pre-Existing Conditions Affect My Claim?

Tue, 10 Jan 2023 17:09:06 GMT

If you are a worker in the state of California, you may qualify for workers’ compensation benefits if you become injured or ill while performing your job duties. If you’re considering filing a workers’ compensation claim in California, it’s important to understand what is considered a pre-existing condition and how it can affect your claim.

Discuss your unique case with our workers’ compensation attorney at the Winter Law Group. With an office in Fresno, California, we provide clients with attentive and personalized service in other parts of the state, including Visalia, Clovis, Madera, Merced, and throughout Merced and Madera counties.

Qualifying for Workers’ Compensation

In order to qualify for workers’ compensation benefits in California, an individual must be classified as an employee of the company they are working for and not an independent contractor. Additionally, the injury or illness must have been sustained while on the job and must not have been caused by serious misconduct on behalf of the employee.

If you believe that you meet all of these criteria and would like to file a claim, it is crucial to understand the process and timeline associated with workers’ compensation claims in California. Generally speaking, an individual has up to one year from the date of their injury or illness to submit a claim. However, if a claim is not submitted within this time frame, individuals may lose their right to receive benefits altogether. Therefore, it is important that individuals act quickly when submitting a claim so that they can ensure they are able to receive the full amount of their benefits should they be approved.

What Qualifies as a Pre-Existing Condition?

Pre-existing conditions are medical conditions or injuries that existed before the injury for which you are filing the claim. In California, a pre-existing condition can have an impact on whether you qualify for workers’ compensation benefits.

Pre-existing conditions include any medical conditions that have been diagnosed by a doctor and are actively being treated with medication or other forms of treatment. They also include any physical injury, such as sprains and strains, muscle tears, fractures, etc., that may have occurred prior to the current injury.

How a Pre-Existing Condition Can Affect a Claim

Having a pre-existing condition does not automatically disqualify you from receiving workers’ compensation benefits if you sustain an injury on the job in California. However, it does mean that your employer may be required to pay less in benefits than they would otherwise have been obligated to pay if there were no pre-existing conditions involved.

The amount of benefits may be reduced based on the extent to which your current injury was caused by your pre-existing condition. If your current injury is found to be entirely unrelated to your pre-existing condition, then you should receive full benefits under California law.

Why You Should Hire an Attorney If You Have a Pre-Existing Condition

When filing a workers’ comp claim due to a pre-existing condition, one of the biggest issues is proving that the injury or illness was caused by work activities rather than something else. This can be especially difficult if your employer or insurer disputes your claim because they argue that your medical history indicates another cause of injury or illness.

An attorney will be able to build evidence to support your claim and argue on your behalf against any attempts by employers or insurers to deny it. They will also ensure that all deadlines are met so that you don’t miss out on any potential benefits you may be entitled to receive through workers’ comp coverage.

Insurance companies are focused on minimizing costs and maximizing profits, so they may not always offer you the full amount of compensation you deserve for your injuries or illness due to a pre-existing condition. An experienced attorney will work hard to maximize your settlement amount by negotiating with insurance companies and ensuring that all applicable benefits are included in your settlement package.

They can also represent you if there is an appeal or court case related to your claim, giving you peace of mind knowing that a professional is handling everything on your behalf.

Understand Your Case With Our Guidance

Filing a workers’ compensation claim when you have suffered an injury due to a pre-existing condition requires knowledge of California state laws and regulations as well as experience dealing with insurance companies who might want to minimize their costs. Our workers’ compensation attorney at the Winter Law Group can help ensure maximum compensation while providing guidance throughout every step of the process. Reach out to our office in Fresno, California, for a free case evaluation.

What Benefits Are Available Through Workers’ Compensation?

Thu, 08 Dec 2022 17:02:24 GMT

Workers’ compensation benefits are a crucial financial lifeline many workers in California take advantage of after suffering from an injury or illness on the job. However, not everyone understands what benefits are available through workers’ compensation.

If you were injured in a workplace accident or developed a work-related illness, our experienced workers’ compensation attorney at the Winter Law Group could help advocate for your rights and fight on your behalf to ensure you get the benefits you deserve. With an office in Fresno, California, our attorney represents injured workers and their families in surrounding areas, including but not limited to Madera, Clovis, Visalia, and Merced.

Workers’ Compensation Benefits in California

As an employee, you are eligible for workers’ compensation benefits if you have suffered a work-related injury or illness. You can receive these benefits regardless of whether you were at fault in causing the injury or illness.

In California, there are many types of workers’ compensation benefits available to employees who have suffered an injury on the job, including:

Medical care and treatment
Temporary or permanent disability benefits
Rehabilitation services
Death benefits (if a loved one dies at work or from a work-related condition)

Temporary disability benefits are available to employees whose injury or illness prevents them from working temporarily (a short period of time). Permanent disability benefits, on the other hand, may be available to workers whose injury or illness will affect their work performance for a long period of time or the rest of their life.

Applying for Workers’ Compensation Benefits in California

Each state has its own set of laws regarding workers’ comp benefits and the application process. That being said, applying for workers’ compensation benefits in California generally consists of the following steps:

Notify the employer of the workplace accident or work-related illness.
Choose the primary treating physician.
Get medical care.
File a workers’ compensation claim.
Await the claims administrator’s decision.
Follow the doctor’s orders and continue the treatment.
Ensure that you are paid all the benefits you are entitled to.

When you file a claim for workers’ compensation benefits, there is no guarantee that your claim will be accepted. If your claim has been denied by the employer’s insurance company, you might want to consult with an experienced workers’ compensation attorney to determine what you can do to appeal the denial of your claim and reverse the insurer’s decision.

Determining Factors in Receiving Workers’ Comp Benefits

There are three primary factors used to determine whether an employee is entitled to workers’ compensation benefits:

Is the injury or illness caused by a specific event at work? If so, then it is considered to be work-related. This could include a slip-and-fall at work, being struck by an object, or falling from heights.
Did you sustain this condition while performing your job duties? If so, then it is considered to be work-related. This can include getting hurt while lifting heavy boxes at work or being exposed to toxins on the job site.
How does the injury or illness affect your ability to work? Whether or not you can receive workers’ compensation benefits depends on how your injury/illness affects your earning capacity or, in other words, your ability to work.

Consider hiring a workers’ compensation attorney to help you. Your attorney can review your claim, assist with filing it, determine what benefits are available, and help you get the compensation you deserve. They may also be able to help appeal a denied claim.

When to Get Help From an Attorney

If you have been injured while on the job, you might need to consider getting help from an attorney. You may not be eligible for workers’ compensation benefits if you cannot prove that you were injured in a workplace accident or your illness is related to your job.

Your employer (and their insurer) may deny your claim if they do not believe that your injury was caused by your job duties. In addition to this, there are times when an insurance company will refuse to pay for medical treatments or other expenses related to treatment. An experienced attorney can help protect your rights so that you get the care that you need after being hurt in an accident at work.

How the Winter Law Group Can Help

If you or someone you know has been injured and wants to know more about what benefits are available through workers’ compensation, contact our skilled and results-driven attorney at the Winter Law Group. We are dedicated to helping clients in Fresno, California, and surrounding areas get their rightful benefits. Schedule a free consultation today to discuss what benefits are available through workers’ compensation in your particular case.

Injuries That Qualify for Workers’ Compensation

Tue, 08 Nov 2022 16:56:01 GMT

Workers’ compensation is a no-fault insurance program that pays those who are injured at work or fall ill from workplace conditions for medical expenses and lost income while recovering. No fault means that the employee does not have to sue the employer to be compensated for expenses related to injuries or illnesses sustained while working. Likewise, the employer cannot sue the employee for causing an accident that led to injuries.

Injuries or illnesses that are caused by third parties are exceptions to this lawsuit restriction. For instance, a piece of machinery being used by an employee may malfunction and cause an injury or toxic chemicals being used may not come with proper safety and use instructions and lead to illness. In these situations, a personal injury lawsuit against the supplier, manufacturer, or designer of the product or device can often be pursued.

If you have been injured at work or have fallen ill to chemical exposure or other causes in or around Fresno, California, and your workers’ compensation claim is being denied or delayed with a string of endless questions and requests by the insurance company, contact the Winter Law Group immediately. Our workers’ compensation and personal injury team will help you file an appeal or a personal injury lawsuit if warranted.

The Winter Law Group also proudly serves clients in Clovis, Visalia, Merced County, and Madera County.

Overview of California’s Workers’ Compensation System

California requires all employers, even those with as few as one employee, to provide workers’ compensation insurance. This also applies to businesses that are headquartered in another state but operate in California. Workers’ compensation provides insurance for injuries and illnesses that are employment-related and relieves both employee and employer from seeking resolution through a lawsuit.

Employers can purchase workers’ compensation insurance from a licensed insurance company or through the State Compensation Insurance Fund. Another option is to self-insure if they qualify in terms of net worth and annual income. Under the system, if an employee is injured, that person is eligible for compensation for medical expenses and any wages lost while recovering, as well as disability payments if the injury or illness prevents their return to work.

Which Injuries Are Covered?

The beauty of the workers’ compensation insurance program is that it basically covers any injury or illness resulting from work-related activities. The standard insurance-industry phrase to describe this is that the injury or illness must occur within the “course and scope of your employment.”

This does not, however, restrict coverable injuries to the workplace itself. If you’re out doing business for your company and you’re injured in your automobile, for instance, workers’ compensation should cover you. Even if you’re attending a work-related social function or business meeting that has been mandated by your employer, you should be covered. If you are working remotely as agreed upon, that should also fall within the “course and scope of your employment.”

Accidents that result from horseplay or being under the influence of drugs or alcohol, however, normally will not be covered. Also, if you’re injured while out on a lunch break and doing nothing employment-related, your claim will likely be rejected. If you’re out buying snacks or box lunches for a meeting in the office, then you would be covered.

Workers' compensation insurance provides basic benefits, including medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, a return-to-work supplement, and death benefits.

Filing a Workers’ Compensation Claim

You must report your injury or illness to your employer as soon as possible. Your employer should then give you a standardized claim form authorized by the state Department of Workers’ Compensation. You need to fill out the “employee” section, and the employer should fill out their section. Ask for a copy of the completed form for your own record.

Once the form is submitted to the insurance company, you should expect a response within 14 days. If not, you need to contact the insurer. If you start to get the run around, you should seek legal guidance.

Compassionate and Loyal Legal Assistance

If you run into difficulties in filing a workers’ compensation claim or find your benefits being reduced or canceled by the insurance company, the Winter Law Group can help you file an appeal or explore avenues for third-party lawsuits to recover equitable compensation.

Let us manage your claim with the insurance company and negotiate for the best possible settlement, preferably from start to finish. If the insurance company doesn’t live up to its obligations, we can seek to pursue a lawsuit and represent you in court.

Negligent Security & Personal Attacks

Sun, 16 Oct 2022 16:51:12 GMT

Security should never be taken for granted, and our premises liability attorney at the Winter Law Group knows it better than anyone else. Adequate security plays a critical role in keeping visitors and patrons safe from foreseeable harm. When property owners fail to provide adequate security, their visitors or patrons may get hurt. When this happens, the injured party may be able to sue the owner of the property for negligent security.

At the Winter Law Group, our premises liability attorney in Fresno, California, can investigate your case and help you determine whether you have a valid negligent security claim against the owner of the property where you or your loved one was hurt. The Winter Law Group serves injured victims throughout Madera, Merced, and Fresno counties.

Negligent Security

Premises liability cases, including those involving claims of negligent security, can be complex. Proving that the property where you were injured had inadequate security measures may be challenging. That is why you may need the assistance of an experienced attorney to help you build a strong case.

A negligent security case can be brought against a property owner when a person (visitor or patron) sustains a foreseeable injury due to inadequate security measures. Typically, negligent security claims arise when a victim suffers battery, assault, robbery, rape, or wrongful death.

A victim or a victim’s family members could potentially bring a lawsuit against the owner or manager of the property and/or a security firm to recover compensation. Examples of negligent security measures include but are not limited to:

Lack of security guards
Unqualified security guards
Broken gates, fences, doors, or windows
Missing locks on doors
Lack of security cameras or malfunctioning cameras
Lack of alarm systems or malfunctioning alarm systems
Inadequate lighting
Blocked emergency exits

A knowledgeable personal injury attorney can investigate your case and determine whether there was negligent security leading to an attack.

What Must the Plaintiff Prove?

The following criteria must be established to bring a successful negligent security claim:

The defendant owns, leases, or occupies the premises where the plaintiff was injured;
The defendant was negligent in keeping the plaintiff safe; and
The defendant’s negligence was a direct or proximate cause of the plaintiff’s injury.

For example, if you are attacked by someone who should not have had access, you may be able to sue a liable party if you can prove that they failed to provide adequate entrance security and door locks.

Defining “Adequate Security”

Determining what constitutes “adequate security” depends on the specific property. Generally, those who own, manage, lease, and occupy residential or commercial properties must make every reasonable effort to keep visitors and patrons safe. Examples of adequate security include:

Functioning alarm systems
Functioning security cameras that record and store footage
A sufficient number of qualified security guards
Proper security awareness training for employees
Adequate lighting conditions
Functioning door and window locks

Determining whether security is inadequate can be challenging without understanding the laws and regulations governing adequate security measures for specific property types.

Who Is Liable?

Liability for failure to provide adequate security is not limited to any particular residential or commercial property. Depending on the location where the incident occurred, the victim may pursue a negligent security claim against a:

Shopping mall
Retail store
Nightclub
Restaurant or bar
Hotel or motel
Apartment building
Office building
Sports venue
Concert venue
Care facilities such as hospitals or nursing homes
School, college, or university
Property owned by the government

Typically, the owner of the property is responsible for providing adequate security measures and can be held accountable for injuries suffered by visitors or patrons as a result of negligent security. However, the property owner may not be liable if the property is leased or another entity is responsible for the property’s upkeep and security.

Legal Advocacy When You Need It Most

If you or a loved one suffered an attack on someone else’s property, you might be able to pursue a negligent security claim against liable parties. A premises liability attorney at the Winter Law Group can evaluate your potential negligent security case and determine whether you are eligible for compensation. Contact our office in Fresno, California, today to receive a free consultation.

Hurt on a Friend or Neighbor’s Property: Should I Sue?

Wed, 28 Sep 2022 16:41:23 GMT

One weekend, a neighbor invites you over to see the new second-story addition to his home. As you’re walking up the newly-installed stairway, one of the steps gives way and you slip and fall backward. You land on your back and sustain head and spinal injuries that make it difficult for you to move. You end up being treated at the hospital and released with a cautionary warning that you need to take it easy and see how your injuries develop over the next few days.

Things don’t get better. By Monday, you’re unable to go to work because your back hurts so much. Off to the doctor you go for diagnosis and treatment. It looks like it’s going to be tough getting back to the condition you were in prior to the fall. Medications, physical therapy, and missing work are all adding to expenses you never expected.

The accident and your resulting injuries clearly took place on your neighbor’s property. Your expenses for medical care and lost time from work are mounting, and you consider what to do. Should you sue your neighbor for your personal injuries?

Under the legal principle of premises liability, your neighbor is responsible for maintaining his structure in a safe condition and to take steps to warn others of any trouble spots that could cause harm and result in potential injuries. However, the stairway is new and was built by someone else. Is the owner still liable for your injuries?

Another personal consideration is this: Do you really want to sue a neighbor, next to whom you may find yourself residing for years or decades to come? Are there alternatives?

Fortunately, a homeowner’s property insurance will generally cover accidents and injuries on their premises, so your first option is to file a claim against the insurer. Insurers, however, are notorious for lowballing their settlement offers and even denying claims based on any legal catch-all they can find.

The bottom line is that you need to take your situation to a personal injury attorney , who can negotiate with the insurance company and even with the homeowner to reach a settlement that keeps the matter out of the courtroom. If need be, a lawsuit can be initiated against the insurer rather than the homeowner.

If you or a loved one has been injured on a neighbor’s premises in or around Fresno, California, contact the Winter Law Group. We will work with you to obtain the just settlement you deserve for your injury, lost wages, and pain and suffering.

The Winter Law Group also proudly serves clients in or around Clovis, Visalia, Madera, and Merced, and throughout the counties of Madera and Merced.

Premises Liability in California

Premises liability law in California requires that homeowners and owners/operators of any structure take reasonable steps to maintain their buildings in a reasonably safe condition. The law further holds the homeowner or other responsible party to be liable so long as they knew, or should have known, that an unsafe condition existed prior to an accident happening and injuries occurring.

Here, the principle of foreseeability comes into play. If the homeowner, to use the above example, foresaw the possibility that a step on the stairway could be loose or faulty by observing how it was constructed, then they could be held liable for negligence for not roping it off or warning others of the danger.

Now, if the stairway was so new and so unused that the owner didn’t foresee a problem with any of the steps – and the contractor assured him that everything was fine – then he may be off the legal hook. A faulty step is not foreseeable in this scenario.

Invitees, Licensees, and Trespassers

In most states, and in California previously, the extent of premises liability hinges on the classification of the person injured. An invitee is someone whom you personally invite to your property. A licensee is someone who is allowed on your premises but is not a guest per se, such as a salesperson knocking on your door. And a trespasser is just that – someone who is on your property illegally.

Under this classification system, you the homeowner owe the greatest duty of care to invitees, a lesser but still broad duty of care to licensees, and nothing to trespassers (unless you personally assault them). But in California, these distinctions have been blurred, and even a trespasser can now hold the property owner/operator liable for injuries sustained while on their premises.

Open and Obvious Dangers

The owner’s liability can also be mitigated, if not eliminated, if the danger is so “open and obvious” that anyone would know to avoid it. For instance, if the step on the stairway were missing entirely, someone would likely see that and avoid using the stairway or, if need be, step over the missing portion. Likewise, if they see the floor they’re walking on is covered by a slippery liquid, they should know to walk around the spill or stop in their tracks before entering the area.

Proving Liability and the Statute of Limitations

Owners/operators of property have a duty of care to provide a reasonably safe experience for those on their premises. As mentioned, this includes cordoning off dangerous areas or at least posting signs and notices to warn of an unsafe condition.

Thus, if you wish to prove the owner/operator to be liable for your injuries, you need to show four elements to the insurance company and/or the jury hearing your personal injury case:

That the defendant owned or operated the property where the injury occurred
That the owner/operator should have known or did know that a hazardous condition existed
That the owner/operator, through negligence, failed to safeguard visitors
That as a result of the owner/operator’s negligence, you sustained injuries

In California, you have two years from the date of your injuries to file a personal injury lawsuit, unless you are under 18. If you are under 18, the two years don’t start ticking until you reach 18.

Work With a Skilled Attorney

It’s understandable that you don’t want to sue your neighbor and then be forced to live next to them for years to come, but you do need to take proper action to recover your medical expenses and lost wages and be compensated for your pain and suffering. A claim or lawsuit against the homeowner’s property insurance company is the way to avoid creating a neighbor who will forever resent you, while still getting the compensation you deserve.

If you or a loved one has been injured on a neighbor’s property in or around Fresno, California – and this includes being bitten by their dog – contact us at the Winter Law Group immediately. We know how to deal with the insurance companies and can help you mediate with your neighbor for the sake of amicable future relations.

Who Pays for Medical Bills After a Dog Bite?

Mon, 08 Aug 2022 08:07:28 GMT

Being bitten or attacked by a dog can be an extremely emotional and traumatizing experience. Thankfully, California dog bite laws allow victims of dog bites or dog attacks to seek fair financial compensation for any injuries and damages suffered. A skilled California personal injury attorney can enlighten you about who holds the responsibility to pay for your medical bills and help pursue your deserved compensation.

At the Winter Law Group, we are ready and poised to assist and represent victims of dog bites and their families in their personal injury or premises liability claims. Our skilled legal team can evaluate every aspect of your personal situation thoroughly, explore your possible legal options to recover damages, and help you hold the dog's owner liable.

As your legal counsel, we will fight compassionately for your legal rights and help you seek fair compensation to cover medical bills, lost wages, future medical treatment, and any additional pain, discomfort, and suffering you were put through. The Winter Law Group proudly represents clients across Fresno, Clovis, Visalia, Madera County, and Merced County.

California's Dog Bite Law

California’s dog bite laws are designed to protect people who were bitten or attacked by a dog – while lawfully on private property or in public – and help them seek fair compensation for their injuries. However, such dog bite laws often vary from one state to another. According to California law, dog owners are liable for any damages that the dog causes to another individual. If the dog is in a public or lawful place, including the owner’s property, the owner is still liable.

California is among the states that use strict liability for dog bites or attacks. The dog's owner will be held strictly liable for the victim's dog-bite injuries and damages, provided that they were on the property lawfully.

Who Pays for the Medical Bills?

As mentioned earlier, dog bite cases in the state of California are considered "strict liability" cases. This means that the dog's owner will pay for the victim's medical expenses, future medical treatments, and other potential damages.

Comparative Negligence in California

In addition, California follows the "pure comparative negligence" rule. According to the principle, a dog bite victim can seek compensation for their dog bite injuries, even if they were mostly or partially responsible for such injuries. However, the total damages that may be recovered will be reduced by their fault degree. This makes it so that you may still recover damages for your dog bite injuries, even if you were up to 99% at fault.

Available Damages

The following damages may be recovered through a California dog bite liability claim:

Medical expenses, including continued medical treatment
Physical and occupational therapy
Lost income/wages and benefits
Physical pain
Lost earning capacity due to the injuries sustained
Loss of consortium
Emotional or mental suffering and anguish
Compensation for property damage
Punitive damages to punish the dog owner for their gross negligence or malicious act

A skilled California premises liability attorney can fight compassionately to protect your rights and help you seek the maximum possible compensation for your dog bite injuries.

Experienced Guidance When You Need It Most

Being bitten by a dog can be unsettling and scary. Such an unfortunate incident can affect different aspects of your life, including your mental, financial, and physical health. However, you don't have to suffer the pain and financial liability alone. Therefore, if you have been bitten or attacked by a dog, retaining an experienced personal injury attorney is crucial to advocate for your best interests and help pursue fair financial compensation for your injuries.

At the Winter Law Group, our attorneys have the diligence, resources, and expertise to assist and represent dog bite victims after such a difficult experience. Using our in-depth understanding of the statutes and rules addressing liability in premises liability cases involving dog bites, our trusted legal team can help guide you through the complex claims process. We will fight vigorously to protect your best interests, help you hold the dog's owner responsible, and fight for the financial justice you deserve.

Advocacy Tailored to You

If you or someone close to you were bitten or attacked by a dog, you may be eligible to recover damages. Contact us today to schedule a simple case assessment with a knowledgeable dog bites attorney . Our reliable team can offer you the dedicated support and skilled representation you need in your premises liability claims. We're proud to represent clients across Fresno, Clovis, Visalia, Madera County, and Merced County, California.

Who’s Responsible If You're Injured While Using a Product?

Fri, 29 Jul 2022 08:01:41 GMT

It’s natural to trust the products that you use and believe that they will be safe. After all, they must have gone through rigorous safety testing before they were manufactured. Unfortunately, sometimes safety testing doesn’t catch everything. Even after successfully passing tests, some items will still be produced with flaws. These flaws lead to defective products that could injure you.

You don’t have to suffer alone, both physically and financially, after a defective product injures you. Instead, you can work with an experienced product liability attorney to understand your rights.

At the Winter Law Group, we value strong relationships with our clients. We prioritize keeping you informed throughout each step of the legal process during your consumer injury case. Our firm proudly represents clients in Fresno, California, as well as Clovis, Visalia, Madera County, and Merced County.

Product Liability

The law defines “product liability” as the responsibility of the manufacturer, retailer, or seller of a product to provide a safe product and to be held responsible if they provide a defective product. Speak with an experienced product liability attorney to learn more about how the law applies in your case.

Who Is Responsible for Product Defects?

It is important to hold the party who caused the injury responsible for their actions. So, who is liable for an injury caused by a product? Answering this question depends on the facts of each specific case. There are several different parties who could potentially be held liable.

Manufacturer’s Duty

The manufacturer has a duty to produce a safe product for the end user (you). For example, if the design of the product was defective, then it is the manufacturer who should be held liable. Additionally, if the product was supposed to perform one way, but it did not, then that could be attributed to the manufacturer.

Additionally, the manufacturer has a duty to warn users and provide guidance (typically instructions) regarding the product. If the manufacturer fails in that duty, it may be possible to hold them liable.

Liability of Nonmanufacturer Seller

If you were injured by a defective product, you may be able to sue not only the manufacturer, but the seller (such as the distributor or retailer) as well. This is because it may be impossible to prove whether it was the manufacturer, distributor, or retailer’s fault that the product was defective. When this is the case, you (the consumer) have the option to hold all parties responsible.

Strict Liability

Product liability differs from other types of personal injury cases because of strict liability. In strict liability cases, it does not matter if the manufacturer or distributor did not intend or knowingly produce a defective product. They can still be held liable because the result, an injury, was the same. The manufacturer or distributor’s state of mind does not affect whether they can be held liable.

Filing a Claim

To seek compensation for your injuries caused by a defective product, consult a product liability attorney about filing a personal injury claim. There are several key elements that you must prove when filing a claim for your consumer injury. It must be proven that:

The product was unchanged from the original manufactured product.
The product was defective.
That defect caused the product to be dangerous.
The defect caused the injury.

The statute of limitations is the deadline after which you no longer have the opportunity to file a case. For product liability cases, the statute of limitations in California is one year after the date of the injury. After one year has passed, you will no longer be able to file the claim.

Possible Damages

Damages is the term used to describe the financial compensation you may receive for the damages you suffered due to your injury. Possible damages for a personal injury case may include compensation for medical bills, lost income due to missing time at work, and pain and suffering caused by the injury.

Legal Advocacy You Can Trust

Manufacturers and distributors have a duty to provide safe products. If you were injured by a defective product, know that you have legal options. Our firm, the Winter Law Group, aims to help people who have experienced an injury due to a defective product. We work to help people in difficult situations overcome their challenges. The Winter Law Group proudly represents clients in Fresno, California, as well as Clovis, Visalia, Madera County, and Merced County. Contact our firm today to schedule your free consultation.

How Bankruptcy In California Affects Your Spouse

Tue, 14 Jun 2022 07:55:19 GMT

In California marriages, there is separate property/debt and community property/debt. The former is what you had prior to the marriage, and the latter is everything you and your spouse incurred during your marriage. As with anything else, there is also a considerable gray area between what is separate property and what is marital property.

Figuring it all out during a divorce is one thing. Figuring it out in bankruptcy is quite another. If you are considering bankruptcy as individuals or as a couple, you should know how bankruptcy will affect each of you.

The Winter Law Group helps clients considering bankruptcy in Fresno, Madera, Clovis, Merced, Visalia, Merced County, and Madera County, California, understand the advantages, disadvantages, and implications of bankruptcy among spouses.

What Property Is Separate vs. Community Property in California?

The preceding information about separate property and community property provides a basic understanding of what comprises each. However, we should address those “gray areas” in the context of how bankruptcy affects the spouse.

There are numerous opportunities for separate property to become commingled during the course of a marriage. For example, you purchased a house before you married. Your name is on the deed, and you pay the mortgage. After marriage, you may not add your spouse’s name to the deed but you pay the mortgage out of your joint checking account. Although part of the value of your house is separate, the value of commingled funds used to pay the mortgage blurs the line between separate and community property.

Another common example, particularly pertinent to bankruptcy, is that credit card you had before you were married. You were the only person to sign the credit card agreement and only your name appears on the account. However, after you were married, you used the credit card to purchase things that benefit both of you, such as airline tickets for vacations, furnishings for your home, or groceries. The community use of that separate credit card makes the discharge of that debt subject to interpretation.

What Are the Pros and Cons of Filing for Bankruptcy as an Individual?

One of the major pros of filing for bankruptcy as an individual is allowing your spouse to keep their credit score. As you know, bankruptcy has a negative impact on your credit report for a period of time. Most of the time, your credit score is already poor by the time you file, but if your spouse's is not, filing individually might allow them to maintain a good credit score which benefits both of you.

If you can clearly delineate your separate property and debt from your spouse’s, being able to discharge or restructure your debt through bankruptcy benefits both of you. However, if there’s evidence of comingling of non-exempt assets and debt, you put your spouse’s separate property into play as well as yours to satisfy creditors.

Also, if you file individually, only your income will be calculated which may qualify you to file for a Chapter 7 bankruptcy, which discharges all qualified debt, instead of a Chapter 13 bankruptcy which restructures debt.

What Are the Pros and Cons of Filing for Bankruptcy as a Couple?

If you choose to file for bankruptcy as a couple, all debts and assets are on the proverbial table. All dischargeable debt can be discharged or reduced and restructured, and all non-exempt assets will be used to satisfy creditors. This simplifies the process and leaves you both with a fresh financial start.

Filing jointly also affects both of your credit scores negatively which means neither of you will qualify for loans or credit for a period, or you will pay significantly higher interest rates if you do.

What Factors Should I Consider?

The major factors to consider before deciding whether to file for bankruptcy as an individual, a couple, or at all, are income, dischargeable or qualified debt, and assets that are protected in the bankruptcy chapter you choose to file.

This calculus isn’t easy for most couples. That’s why working with an experienced bankruptcy attorney is where you should begin the process. You don’t want to file first, then realize the implications later.

Skilled & Compassionate Counsel

At the Winter Law Group, we understand the impact bankruptcy has on couples filing individually or jointly. We also know that every situation is unique, so we take the time to get to know you and your financial situation so we can provide the skilled and compassionate counsel and guidance you need to make such a major decision about your financial future.

If you are considering filing for bankruptcy in or around Fresno, California, count on our experience to help you explore your options. We are prepared to help. All you need to do is call to schedule a consultation.

Find out how a California bankruptcy will affect your spouse. Call the Winter Law Group today.

Understanding Creditor Rights And Limitations

Thu, 05 May 2022 07:49:48 GMT

When you owe someone money, it is because you made a contract with them. You agreed to use credit on your credit card in exchange for monthly payments and accruing interest. You agreed also to make payments and pay interest on the car you drive or the house you live in. You even agreed to pay the cost of medical treatment that health insurance didn’t cover.

This contractual relationship works well until you fall behind on paying what you owe. Creditors, once anxious to sign you up, are equally anxious to make you pay up, or else. Perhaps this is where you are now, drowning in debt, harassed by creditors, and wondering how you will ever be able to put your financial house back in order.

It is true that those who lend money have the rights to be repaid. However, those rights are not limitless, and filing for bankruptcy can immediately provide you with some protection against incessant creditor calls and relentless creditor harassment. At the Winter Law Group, we can help you understand creditor rights and limitations and explore your options for financial relief. If you live in Fresno, Madera, Clovis, Visalia, or Merced, California, or in Madera or Merced counties, we should talk.

What Are the Key Consumer Rights Laws?

The federal Fair Debt Collection Practices Act (FDCPA) prohibits creditors from harassing, oppressing, and abusing those who owe them money. They also can’t lie to you or mislead you, for example, by stating they are attorneys when they are not, lying about the amount of money you owe, or threatening you with violence, arrest, or any action they are not allowed to pursue by law.

Another federal law, the Fair Credit Reporting Act (FCRA), protects the accuracy, fairness, and privacy of your credit report. The act regulates how credit reporting agencies can collect, access, use, and share your credit information.

California law also protects residents against abusive, deceptive, and unfair practices sometimes used by creditors. The state also recognizes and upholds the FDCPA and FCRA.

What Are Creditors Allowed to Do to Collect a Debt?

In order to collect debt while complying with federal and state laws, debt collectors must avoid certain actions, including:

Adding interest, fees, and other charges not specified in the loan or credit agreement
Threatening you or someone you love
Using profane language
Sending debt notices with certain information, such as that it is a debt notice or the amount you owe, where that information can be viewed by anyone else
Applying payments to a debt you have with a collector other than where you tell them to apply it
Constantly calling you at home or at work

Debt collectors are allowed to file a lawsuit against you in civil court in an effort to obtain a judgment against you. If a judgment is awarded, it will likely tack on accrued interest, creditor attorney’s fees, and other penalties. The creditor can use the judgment to garnish your wages or repossess property securing the loan or credit.

The judgment also allows the creditor the right to place a lien against something of value that you own, such as your home or vehicle. You should know that bankruptcy does not automatically discharge liens, so it is wise to file for bankruptcy before a creditor files a collection suit against you.

How Does Bankruptcy Affect Creditor Rights?

Upon filing for bankruptcy, the court will issue a stay order. Any creditor whose debt you have included in your bankruptcy filing must immediately cease and desist with all collection efforts. There can be no more bill collector calls or collection notices. The creditors named in the bankruptcy will be able to communicate only with the trustee and the court.

If creditors violate the stay by contacting you, or if they continue to harass you for payment of a debt that the court discharges in bankruptcy, you and your attorney can advise the court. The court, in turn, can hold the creditor in contempt of the stay or discharge order.

Legal Advocacy You Can Rely On

Collection agencies usually have attorneys. If you are being harassed by creditors and are struggling with debt, you should have one, too. At the Winter Law Group, we represent people like you who need financial relief and relief from the stress and annoyance of creditors pursuing repayment.

If you live in or near Fresno, California, count on us to provide the guidance and advocacy you need. Call the Winter Law Group now to schedule a consultation so we can get started on protecting your rights.

Dispelling Bankruptcy Myths

Sat, 26 Mar 2022 07:45:50 GMT

Filing for bankruptcy is not a quick or easy decision for most people. It is also a highly personal decision. Those pondering bankruptcy usually spend considerable time researching the process and may solicit opinions from close friends or family members they trust.

What you read online, stories you hear, and advice and opinions offered by well-intentioned confidants are not always accurate. When you are making a decision of such consequence, you need to do so based on facts rather than fiction.

At the Winter Law Group, we provide clients with the unvarnished truth about filing for bankruptcy. If you live in Fresno, Clovis, Madera, Merced, Visalia, or in Merced or Madera counties, California, we can provide you with the facts you need to file or not to file for financial relief.

Here are some common myths about bankruptcy you should know the truth about.

Myth 1: Filing for bankruptcy marks me as a financial failure.

On the contrary, filing for bankruptcy may be the smartest financial decision you have made to date. Bankruptcy is designed to relieve the pressure of oppressive debt, regardless of how you incurred so much debt. When there is no way you can ever get out of debt, and when you no longer have the money to spend on basic living expenses, bankruptcy is a smart choice. Inherent in the bankruptcy process is learning how to make wiser financial decisions in the future. Everyone deserves a second chance.

Myth 2: I will lose everything I own if I file for bankruptcy.

There are exempt and nonexempt possessions in bankruptcy. The process exempts some items necessary to live and work. It is true that you may surrender non-exempt possessions of value to be liquidated to pay creditors in a Chapter 7 bankruptcy. If you are unable to make payments on the loan securing your car or home in Chapter 7, you may need to surrender those as well.

Chapter 13 bankruptcy does not discharge your debt like Chapter 7 does. Instead, your debt is reduced and payments restructured to make them more affordable. You pay off the debt over three to five years. Because you continue making payments on debt, you will not lose your possessions.

Myth 3: Debt consolidation is a better option than bankruptcy.

It is true that a debt consolidation loan will not lower your credit score as much as bankruptcy will. It is also true that because debt consolidation is not a legal process, it is not a matter of public record. If you can obtain a sufficient debt consolidation loan and afford to make the payments on that debt, it might be the right choice for you.

However, debt consolidation does not provide you with the protection from creditors afforded in bankruptcy. You may need to secure a debt consolidation loan with the deed to your home or the title to your vehicle, which puts them at risk should you default on the loan. Plus, although those offering debt consolidation loans purport that you will pay less on the debt over time, that certainly isn’t always the case.

If you can afford to continue making payments on your debt, Chapter 13 bankruptcy may be a better choice. You can protect your home, vehicle, and other possessions while enjoying protection from creditors.

Myth 4: My credit score will never recover from bankruptcy.

Chances are, if you are considering bankruptcy, your credit score is already poor. Continuing to struggle with debt will keep it there or damage it even more. Although bankruptcy may lower your score even more for a time, it doesn’t lower it forever.

A Chapter 7 bankruptcy will remain on your credit report for 10 years. In exchange, however, you have had all your debt discharged and will be able to immediately begin working on rebuilding your credit score. A Chapter 13 bankruptcy remains on your credit report for seven years. Again, by repaying your debt more affordably, you will be able to begin rebuilding your credit right away.

Myth 5: Creditors will continue to harass me after I file for bankruptcy.

One of the great benefits of bankruptcy is the protection the legal process provides against creditor harassment. If you are in significant debt, you are likely being contacted by debt collectors constantly. The stress can be unbearable and the embarrassment, excruciating.

When you file for bankruptcy, the first action taken by the court is to issue a stay against all creditors whose debt is listed in the bankruptcy. They are prohibited by the order from contacting you, from repossessing anything securing the debt, and from going to court and obtaining a judgment against you. You have legal recourse against any creditor who breaches the stay order.

Getting Help from an Experienced Bankruptcy Attorney

There are a tremendous number of considerations you need to make when deciding whether to file for bankruptcy. What you hear from other people may or may not be accurate. Basing your decision on that type of information is not wise.

Choosing to work with an experienced bankruptcy attorney like those at the Winter Law Group is a wise decision. We will get a comprehensive financial picture of your unique situation, explore all the available options you have, and make sure you’re working with facts.

Ultimately, only you can decide what to do, but the Winter Law Group in Fresno, California, can provide the input you need. Call us now to get started.

Common Misconceptions About California Car Accident Claims

Fri, 18 Feb 2022 07:38:39 GMT

When you are hurt in a car accident caused by another party's negligence, you can hold the responsible party accountable and pursue fair financial compensation by filing insurance claims. However, there are several popular notions about the car accident claims process in California. Such misleading information often makes it relatively easy for plaintiffs seeking their injury claims to commit irrevocable mistakes or hurt their case inadvertently without experienced guidance.

Our skilled team at The Winter Law Group is poised and ready to support, guide, and represent you in your car accident claims. As your legal counsel, we can review all of the facts of your case thoroughly and enlighten you about your available options to seek damages.

The Winter Law Group proudly represents clients across Fresno, California, and the surrounding areas of Merced, Clovis, Madera, Visalia, Merced County, and Madera County.

Common Car Accident Misconceptions

When involved in a negligent accident, filing your injury claims and negotiating a fair settlement with the insurance company can make the entire process stressful and overwhelming. However, being able to differentiate between fiction and facts and having an idea of what to expect can make it easier to manage the claims process and navigate key decisions. Here are some common misconceptions about auto accident claims in California and a brief explanation regarding why they are false:

Myth #1: My Own Insurance Will be Responsible for Covering Medical Costs and Damages to My Car.

California is an at-fault car insurance state. Under the state's at-fault system, the driver who caused the car accident (the at-fault party) will be held financially liable for your medical bills, vehicle damages, and other accident-related expenses. To seek damages, you must prove fault by showing the following elements:

Duty – The at-fault driver owed you a duty of care.
Breach – The at-fault driver breached this legal duty of care.
Causation – The at-fault driver's careless or negligent actions caused the accident.
Damages/Harm – You suffered actual harm, bodily injuries, or monetary losses from the accident.

Myth #2: I Feel Fine, so I Don't Need to Seek Medical Attention.

Even if you do not feel injured following the accident or you only sustained minor injuries, getting immediate medical help is crucial for your own sake. In addition, it is essential for proper documentation and to prevent potential issues when filing your injury claims.

For your own safety: After a car accident, your overall health and well-being should be your priority. Occasionally, injuries sustained during the incident may take several days or weeks before injuries fully manifest. Unfortunately, reversing the damages may be quite late when you start to feel any symptoms.

For proper documentation: Also, seeking medical attention is crucial for proper documentation. Medical reports, doctor's appointments, and other documents constitute a vital part of your documentation when seeking injury claims. Your insurance claims may be denied or devalued if you fail to provide the required documentation.

To prevent possible issues with the insurer: Insurance carriers expect policyholders to report accident injuries immediately. The insurer may use your decision to delay seeking medical attention as proof that you weren't really injured, your injuries were exaggerated, or you sustained those injuries from a different incident.

Myth #3: If the Accident is Minor, It's Not Necessary to Report It.

Under California law, you must report any car accident that causes a personal injury, death of a person, or property damage of over $750 to local law enforcement. Also, some insurance carriers require the policyholder involved in an accident to file their injury claims within two days to seek damages.

Myth #4: I was Partially at Fault for the Accident, but That Won't Affect the Damages I'm Able to Recover.

California follows the pure comparative negligence principle. Under the rule, an accident victim may pursue damages for their injuries even if they were up to 99% at fault for the accident. However, the amount of compensation that may be recovered will be reduced by your degree of fault.

Myth #5: I Don't Need to Hire a Lawyer to File a Personal Injury Claim.

When filing a personal injury claim, hiring an experienced attorney is crucial. Your lawyer will handle every legal step involved in the injury claims process on your behalf and help negotiate with the insurance provider to recover the maximum possible pay-out. Also, ensure that you retain a lawyer that has extensive knowledge about the laws, rules, and statutes addressing your personal situation.

Work With a Skilled Personal Injury Attorney

A car accident that results in minor or serious injuries can be devastating and can affect you financially, physically, and mentally. Regardless, you should never have to suffer the financial liability and challenges alone. Therefore, when involved in a negligent car accident, you need to retain a highly-skilled personal injury attorney to protect your best interests and help you pursue fair financial compensation for your injuries.

At The Winter Law Group, our team handles personal injury cases and represents car accident victims in their injury claims. Our trusted team can seek to fight vigorously for your best interests and help you recover the financial justice that you deserve.

Contact The Winter Law Group today to schedule a simple case assessment with an experienced car accident attorney. We are proud to represent clients across Fresno, California, and the surrounding areas of Merced, Clovis, Madera, Visalia, Merced County, and Madera County.

Why You Should Seek Medical Attention After An Accident

Fri, 07 Jan 2022 07:31:48 GMT

No one likes to think about an accident happening to themselves or someone they love, but the reality is they can happen to anyone — regardless of how careful you are. When they do, it’s essential that you seek medical care — even if you don’t think you’ve been injured. Here at the Winter Law Group in Fresno, California, we’ve seen too many cases in which the victim of a car accident delays treatment only to discover down the road that their injuries have worsened or they’ve missed their opportunity to receive damages from the at-fault party. If you’re in the Fresno area, including Visalia, Clovis, and the counties of Merced or Madera, contact us today to discuss your options.

Common Injuries After an Accident

Unfortunately, many personal injury claims occur due to car accidents that can leave you with a wide range of injuries. The most common of these are soft tissue injuries, meaning damage to the muscles, ligaments, and tendons. Whiplash and back sprains are both types of soft tissue injuries. You can also sustain cuts and scrapes from loose objects that are thrown around in your car upon impact. The suddenness of impact can cause your head or body to hit the side window, steering wheel, dashboard, or a side door. Consequently, concussions, head injuries, and injuries to the arms and legs are all common — even if you were wearing your seatbelt.

Reasons to Seek Immediate Medical Attention

The most important thing to do following an accident is to seek medical attention, but many people neglect this because they think they feel fine. However, there are good reasons to get medical care:

Your Own Sake — Even if you think you aren’t injured or that injuries are minor, you need to seek medical attention. Sometimes symptoms don’t appear for days or even weeks, at which point it may be too late to reverse the damage. Adrenaline and hormones pump through your body after a traumatic incident to dull your pain and make you feel better than you actually are. Whiplash is one such injury that often has delayed symptoms, and the longer you wait, the harder it can be to treat.
Documentation — When filing an insurance claim, you’ll need official documentation of a medical diagnosis and the sooner you have this, the better. Keep a record of every diagnosis and care report, including follow-up and specialist visits.
Insurance Companies — Some insurance companies, especially in cases of claims against at-fault drivers, will look for any opportunity to reduce the settlement they offer. We often see insurance providers attempt to reduce the settlement amount if the injured individual waits too long to seek medical care. They’ll use this as evidence that your injury was not serious enough to warrant medical intervention or that you only sought medical care thinking it would result in a larger settlement.

Following Through with the Treatment Plan

For the same reasons it’s important to seek medical attention, it’s just as important to follow through with the treatment plan outlined by your doctor. As mentioned above, many symptoms can take a while to show up and the effects can be long-lasting. Typically, people with whiplash or back injuries will need to see a specialist for months (or even years) after an accident to monitor the treatment plan and receive physical therapy. These appointments can be costly but they’re also necessary. If you fail to attend follow-up visits, an insurance company can argue that your injuries aren't very serious and you may miss out on financial compensation to cover future medical expenses.

Trust a Personal Injury Attorney for Help

If you or a loved one has been injured in an accident, your focus can and should be on your mental and physical health — not negotiating with an unfamiliar insurance company or navigating the complicated road of filing a claim. An experienced personal injury attorney can help you through this traumatic process to ensure you get the care you need and communicate with insurance providers or other attorneys so you can focus on your health. Call us at The Winter Law Group today. We proudly serve clients in Fresno, Visalia, and Clovis, as well as the California counties of Merced and Madera.

California Trucking Laws

Mon, 27 Sep 2021 06:16:28 GMT

In California and throughout the United States, we rely on semi-trucks to move goods from one place to the next. While these tractor trailers are a necessary part of life, their sheer size and the realities of the trucking industry can lead to accidents with devastating consequences. When a passenger vehicle collides with a semi-truck, the results have the potential to be disastrous for the people in the passenger vehicle.

Semi-trucks are governed by a complex set of federal, state and local laws that mandate things like how long a truck driver can be behind the wheel, the length of breaks he must take and more. A thorough understanding of these laws and how they apply to your accident is required in order to successfully litigate a semi-truck accident case. That is why it is so vital to have a skilled Fresno semi-truck accident attorney to represent you. At the Winter Law Group, we are highly knowledgeable about truck laws, the factors that may lead to truck accidents and other issues related to collisions involving big rigs. We work hard to protect our clients’ legal rights, particularly in the face of aggressive attempts by the trucking company and its insurer to minimize the claim or push for a settlement that doesn’t represent the full scope of their injuries. We offer free consultations and never charge a fee unless we recover money for our clients.

California Trucking Laws

Like many other states, California regulates truck drivers and trucking companies to increase safety and reduce the likelihood of an accident. These rules are complex and very specific, such as limiting how much weight a particular truck can carry, who can be licensed to drive a semi-truck and even how their driving hours are logged each day. If a truck driver or a trucking company breaks these rules and regulations, it could be proof of negligence that may help you recover compensation for your injuries from a truck accident.

All drivers of commercial vehicles in California—including big rigs or tractor trailers—are required to have a special type of license known as a Commercial Drivers’ License or CDL. To obtain a CDL, a driver must go through significant training and rigorous testing. Once a driver has a CDL, then he or she is held to different standards when it comes to driving, such as lower limits for driving under the influence of alcohol or drugs when driving a commercial vehicle and the possibility of having their CDL suspended or revoked for committing driving infractions. This could include being charged with or convicted of a DUI of alcohol or drugs, being declared a negligent operator for accumulating too many points on their personal license or leaving the scene of an accident.

Both federal and state law place tight restrictions on trucker drivers, particularly when it comes to the amount of time that a truck driver can drive without a break and the length of the break. To help ensure that truck drivers follow these rules, they are now required to log their hours electronically. This law is an incredibly important step towards making our roads safer, as drowsy driving can lead to accidents—and the potential for even more significant injuries is magnified when the driver is behind the wheel of a large commercial vehicle like a semi-truck.

If these rules and regulations are broken, then you may be able to use them to show that the driver was negligent in causing a crash. An experienced semi-truck accident attorney can work with you to investigate whether the driver violated any rules or was negligent in any other way before the collision. With these facts in hand, the Winter Law Group can then make a strong case for compensation to the trucking company and its insurer.

Semi-truck Accident Attorney in Fresno California

Collisions involving big rigs or tractor trailers often involve a complex web of state and federal laws and incredibly serious injuries. At the Winter Law Group, we understand how to litigate these cases from the initial crash site investigation through the ultimate settlement of the case. We will aggressively pursue your legal rights, including your right to be fully compensated for your injuries. Contact our office today to learn more about how we can help you if you have been hurt in a semi-truck accident in Fresno or any of the surrounding areas.

Proving Negligence In Car Accidents

Wed, 21 Jul 2021 06:11:24 GMT

Most Californians spend at least some time behind the wheel of a car on a regular basis. Cars and trucks are a fundamental part of our daily lives, yet they can be the source of incredible difficulty if you are involved in an accident. A car crash can lead to significant injuries and property damage, leaving you feeling overwhelmed at the prospect of getting your life back on track after an accident.

At the Winter Law Group, we have personal experience recovering from injuries, which is demonstrated in the compassion we show to each and every one of our clients. We give straightforward legal advice designed to help our clients understand their legal rights and options and aggressively pursue cases to help our clients achieve the best possible recovery for their losses. We offer free initial consultations, and we never charge a fee unless we recover money for our clients.

HOW A CASE CAN BE PROVEN

Most California car accident cases involve a driver who was negligent or careless. Negligence is a legal term that means that a person has violated his or her duty to use reasonable care in a particular situation.

To prove negligence, a plaintiff must establish these four elements:

Duty: the legal obligation to act in a certain way, such as to prevent harm
Breach: a violation of a legal duty
Causation: the violation or breach must have caused a person’s injuries
Damages: the harm suffered by the injured person.

In car accident cases, it is relatively easy to show that a person had a duty, as it is implicit in the right to drive that you are required to act reasonably so as not to harm other people or property. A breach of that duty can be shown by demonstrating that the person did not act the way that a reasonable driver would act in a similar situation. For example, a reasonable driver would not text and drive, drive while under the influence of alcohol or drugs, or fail to look before pulling out onto a street. Sometimes, a violation of a driving law can be evidence that a person breached his duty of care.

Next, the plaintiff must show that this breach is what caused his or her injuries and that the injuries are a reasonably foreseeable consequence of the breach. A person who texts and drives can reasonably expect that her actions may cause an accident, but it may not be reasonable to expect that the accident would knock out power for an entire city block, leading to a person being unable to see and falling down a dark stairwell. The person who was injured in the accident could likely recover against the driver, but not the person who fell down the stairwell.

Finally, the plaintiff must prove that he or she suffered damages as a result of the other party’s breach. This could come in the form of medical bills, lost wages, pain and suffering, and many other types of damages. It is up to the plaintiff to establish what he or she has lost or suffered as a result of the accident. An experienced Fresno car accident attorney, such as the lawyers of the Winter Law Group, can evaluate your case to put together a comprehensive claim for damages.

WORK WITH EXPERIENCED CAR ACCIDENT ATTORNEYS IN FRESNO

The Winter Law Group represents clients in Fresno and the greater Central Valley who have been injured in all types of car accidents. We offer highly skilled legal representation combined with compassion and personal service. We provide straightforward legal advice to help our clients make the best decision on how to move forward with their car accident cases. Contact our office today to learn more about how we can help you with your case.

Establishing Fault: Sorting Out Liability In California Auto Accidents

Thu, 24 Jun 2021 06:05:53 GMT

California drivers log nearly 341 billion miles in their vehicles each year. With a population of approximately 40 million, 26 million of them are licensed drivers. That averages out to about 13,000 miles per driver each year. During those 341 billion miles on the state’s highways and byways, the chance that you’ll be involved in a collision once, twice, or even three times in your life is better than you think. So if you are involved in an accident and it’s the other driver’s fault, who pays for your injuries, damages, and losses?

If you’ve been involved in an accident in or around Fresno, California, or in the neighboring communities of Visalia, Clovis, Madera, or Merced, contact the car accident attorneys at the Winter Law Group. Our experienced legal team can represent you and press your claims for personal injury and other damages through negotiations or other legal avenues in an effort to obtain the compensation need and deserve.

California Insurance and Liability Laws

California law states: "All drivers and all owners of a motor vehicle shall at all times be able to establish financial responsibility and shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle." This is essentially referring to the requirement of having and carrying proof of auto insurance. If you cannot provide proof, you can be fined, have your driving privileges suspended, and even have your vehicle impounded.

California law requires all drivers to obtain liability insurance to cover bodily and property damage. The minimum for personal injury liability is $15,000/$30,000 — meaning $15,000 for one person injured or killed, and $30,000 total if more than one person is involved. Liability coverage applies only to others you injure, not yourself. The minimum coverage for damage to the property of others is $5,000.

If damages from either total more than your coverage, you are personally liable and can be sued for the difference.

Fault and Comparative Negligence

California is considered an “at fault” state, meaning if you are found to be negligent in causing injury or property damage to others, you are at fault legally and will be held personally responsible for compensating the injured party. California is also a pure comparative negligence state, meaning that the victim can still hold you liable even if they are partially at fault for the accident.

In other words, if you are sued for injuries and damages and the case goes to trial, the jury will be asked to assign a percentage of fault to each party involved in the claim. If the victim is shown to be 20% at fault for driving with a broken taillight or some other violation, and the compensation awarded is $100,000, the award will be reduced by the 20% portion of the victim’s liability, to $80,000. Theoretically, pure comparative negligence can still allow claims by a victim who is up to 99 percent at fault for the accident.

Pursuing Your Personal Injury Claim

If you’ve been injured or suffered other damages in an auto accident that you believe to be the other party’s fault, the first step is to notify your own insurance company. If it’s just a minor fender-bender with a scratch on your forearm, this may be all you need to do.

Whatever the extent of injury or property damage, however, both your insurance company and the other driver’s insurance company (who may be contacted by you, your insurer, or both during the claims process) will call on their insurance adjusters to investigate the claim.

Dealing with Insurance Adjusters

Insurance adjusters are highly trained professionals with a whole arsenal of trick questions and tactics to get you to say something that they can use to reduce the liability of their parent company, especially when it involves injury claims. They are paid to protect the insurance company’s bottom line. A common tactic is to call you and ask, “How are you today?” If you respond with “fine” or “good,” they can use that to assert that your injury isn’t as bad as you claim, and attempt to reduce the compensation you are owed.

They’ll also try to request access to your medical records to see if they can show you had a pre-existing condition that will mitigate your claim against them. They may also try to force a low-ball settlement on you, or even delay the settlement process for as long as possible in hopes that you just give up.

How an Attorney Can Help

You don’t have to deal with the adjusters. You should leave everything in the hands of an experienced personal injury and accident attorney who can protect your rights and negotiate on your behalf.

Remember, if the other driver truly is at fault, their insurance company and the at-fault party himself are responsible for paying for your injuries and damages. This includes all medical expenses, lost wages, and vehicle repair and replacement costs. If you sue under California’s personal injury laws and prevail, you can also obtain compensation for any additional pain and suffering and other non-economic damages.

Rely on Our Experienced Car Accident Attorneys

While you recover from your injuries, the last thing you need is the aggravation of dealing with insurance adjusters who want to lowball your claim or deny you compensation altogether. Don’t face these challenges on your own. Here at the Winter Law Group, our experienced California personal injury attorneys will not only aggressively negotiate for you with the insurance companies, but we will also advise you of any further legal actions that may be necessary, including a personal injury lawsuit.

Our firm is proud to serve clients in Fresno and the Greater Central Valley area. If you or someone you know has been injured in an auto accident, contact the Winter Law Group today to schedule a free case consultation.

When Is The Right Time To File For Bankruptcy?

Mon, 03 May 2021 05:58:20 GMT

If you are exploring options for financial relief, you may have considered filing for bankruptcy. According to the American Bankruptcy Institute, an estimated 39 million Americans have filed for bankruptcy at one time or another. Within this tool for debt relief, there are a few different routes you can take. Having an experienced bankruptcy attorney by your side can help.

At The Winter Law Group, we are a resource for you. Our principal attorney has over a decade of experience in bankruptcy and stands as an understanding and knowledgeable guide through the process. We serve clients in Fresno, California as well as the neighboring areas of Clovis, Visalia, Madera, Madera County, Merced, and Merced County.

Assess Your Current Financial Situation

The first step in deciding whether or not bankruptcy is a viable option for you is to assess your current financial situation. How much money do you have coming into your household? How much debt do you owe? Has the situation reached a point where you have collectors calling? If the status of your finances is causing you to lose sleep, bankruptcy may be a good option for you.

Understanding Your Bankruptcy Options

Within consumer bankruptcy, there are two main options — Chapter 7 and Chapter 13.

Chapter 7

Chapter 7 bankruptcy allows you to erase a number of debts that you have accumulated over time. Credit card debt and medical debt are some common examples of what you can wipe away. This type of bankruptcy (also known as “liquidation bankruptcy”) lets you sell off assets to pay off your debt. The assets that you are liquidating are non-exempt assets. This includes things such as your second home and second car. Your furnishings and place of residence are exempt assets and will be safe from liquidation.

In order to file for Chapter 7 bankruptcy, you need to be eligible. Eligibility is based on income. Your income must be higher than the average income for a family of your size in your state. This is to ensure you have enough to pay your creditors. You can also become ineligible if you have filed another bankruptcy charge, had one dismissed in court recently, or defrauded any of your creditors.

Chapter 13

Chapter 13 bankruptcy is ideal for people who have significant income or valuable property that they want to protect. In chapter 13 bankruptcy, you receive debt relief in exchange for paying your discretionary income to your creditors as part of a 3-5 year repayment plan.

Chapter 13 bankruptcy also has eligibility requirements. Your debts — both secured and unsecured — cannot be too large. Secured debt gives the creditor the right to take something like your house away, while unsecured debt is debt like credit card balances or medical bills. Your income must be regular and substantial enough to qualify, and you must be filing as an individual and not a business.

Some Debt Can’t Be Discharged

While bankruptcy is a good option for debt relief, there are some debts that will not be forgiven and the state can even garnish your wages to pay these debts back in some cases. This is the case for child support, alimony, taxes, and student loans.

Which Assets are Affected?

When figuring out how to pay back your debt, your assets may be affected. The type of bankruptcy that you file determines which assets and how much. Your non-exempt assets (your bank assets and second car or home) could be affected in a Chapter 7 bankruptcy filing. In other cases, your pension may be affected.

Work with an Experienced Bankruptcy Attorney

If you have had financial setbacks and are looking to obtain a clean slate, bankruptcy might be the right choice for you. An experienced bankruptcy attorney can help you move toward a more stable future.

At The Winter Law Group, we are ready to help you figure out the next steps that you need to take to discharge your debt. If you live in Fresno, California, or the neighboring areas including Clovis, Visalia, Madera, Madera County, Merced, and Merced County, call us today for a free consultation.

Three Important Reasons You Should Speak With A Car Accident Attorney

Mon, 05 Apr 2021 05:37:36 GMT

Some people are hesitant about speaking with a car accident attorney after they have been in a crash. Perhaps their injuries are minor. Maybe they think that because they have insurance and the at-fault driver has insurance, there is no need for a personal injury lawyer.

If you have been injured in an auto accident, and you are not sure whether you should talk to an attorney or not, you are not alone. Consulting with an experienced California personal injury attorney is always a sound strategy because, while it’s not every day you experience a car accident, an experienced auto accident attorney spends time every day representing individuals who are.

If you or someone you know has been injured in a car accident in or around Fresno, California, talk to the Winter Law Group daily. We can help you seek the justice you deserve regarding your injury claims. If you are not sure whether you should call us or not, here are 3 important reasons why you should:

1. You Must Prove Negligence

California is considered a fault state for auto insurance, which means the person who caused the crash can be held liable for compensating others for their injuries and other damages. Sometimes, who caused a crash is obvious. In other incidents, you will need to prove the other driver’s negligence to assert a claim against their auto insurance liability coverage.

An experienced personal injury attorney knows how to investigate a crash and gather the evidence necessary to prove negligence. This is particularly important when a crash report is misleading or incomplete. Unless you have the knowledge and experience to prove negligence, you should leave that task to your personal injury attorney.

2. Adequate Compensation Can Be Difficult to Calculate

Even minor injuries take time to heal, and serious injuries take even more time. You should not accept a settlement offer from an insurer until you have reached maximum medical improvement from your injuries and know how those injuries will affect you throughout your lifetime. If an insurance company accepts its insured’s negligence, they will want to settle your claim as soon as possible to avoid paying for further treatment for your injuries. Once you accept a settlement, you cannot ask for more later.

While the cost of your medical treatment may be easy to calculate, the cost of any additional pain and suffering is not. Pain and suffering can include damages such as fear, anxiety, worry caused by pain or financial stress, as well as damages to your physical and mental health. These damages are very real, however, they are also extremely difficult to quantify. An experienced personal injury attorney can help document your pain and suffering and place a monetary value on them for your settlement demand.

3. Insurance Companies Require Tough Negotiations

In the same way, a personal injury attorney deals with accident victims every day, insurance companies deal with claims every day. Most of the time, they do not have your best interest at heart. Instead, insurers are motivated to devalue your claim and convince you to settle for as little as possible.

An experienced personal injury attorney knows how to negotiate with insurance companies. Unless you know how insurers value claims, you should leave the negotiations to someone who knows how to advocate for a fair settlement.

3 Important Questions to Ask an Attorney

When you interview a potential attorney, there are 3 important questions you should ask:

What is your relevant experience? Merely having a law degree is not enough. Ask the attorney how many times they have represented clients who have been in similar auto accidents with similar injuries and insurance coverage. Having an experienced attorney in your corner can be the difference between a small settlement and a significant one.
How much will this cost me? Most personal injury attorneys work on a “contingency fee” basis. This means that they will agree to front all expenses incurred during the pursuit of your claim and collect a fee at the end if they win compensation for your case. The fee is usually a percentage of your settlement. After your claim is settled, you will reimburse your attorney for all expenses they paid upfront plus the settlement percentage. Your attorney should have a contract, which you both sign, that details the representation agreement.
How much will I get? If an attorney gives you a specific figure when you ask this question, you should walk out the door. An experienced attorney may be able to provide a range of potential figures based on similar cases they have settled for clients, however, no attorney can tell you definitively how much compensation you can win with any level of certainty.

Hire an Experienced California Personal Injury Attorney Today

Many personal injury attorneys will meet with you to discuss your case at no charge. It provides an opportunity for you to learn about the process of pursuing a claim and for the attorney to learn about the circumstances of the auto accident and the extent of your injuries. The meeting will cost you nothing except some of your time, which is often worth the effort.

At the Winter Law Group, we encourage meetings with those who have been injured in auto accidents in Fresno, Clovis, Visalia, Madera, and Merced, California, as well as in Madera and Merced counties. If you have been injured, we may be able to help. Call or reach out to our office today to schedule a free consultation so we can discuss the details of your case.

Three Tips To Gain Better Financial Stability

Tue, 02 Mar 2021 05:30:38 GMT

In the 12 months prior to March 1, 2020, California ranked first in the country for the number of individuals filing Chapter 7 bankruptcy (nearly 35,000) and ranked second for individuals filing Chapter 13 (nearly 12,000). That was before the COVID-19 pandemic shattered the economy.

Even if people kept their jobs, opportunities for raises and advancement stagnated. Some people maxed out their credit cards, cashed in retirement accounts and investments, and drained savings accounts trying to stay afloat. If you are among those people struggling, you do have options to gain better financial stability.

At the Winter Law Group, we represent clients in Fresno, California, facing severe financial challenges explore their options. Here are three tips on how you can gain a more solid financial footing:

Bankruptcy

Bankruptcy is the legal process through which someone whose debt far exceeds their ability to pay it can have their debt discharged or reorganized to give them a fresh financial start. Chapter 7 bankruptcy discharges most types of debt. Chapter 13 bankruptcy reorganizes debt so it can be paid off manageably over three to five years.

Some of the pros of filing for bankruptcy include getting an automatic stay that prohibits your creditors from contacting you and delaying foreclosure on your home or repossession of other secured property. Perhaps the biggest advantage is that it allows you to stop paying money for interest and fees that can instead be put into savings or retirement for your future.

The major disadvantage to bankruptcy is the damage it does to your credit rating for a period of time. Chapter 7 bankruptcy remains on your credit report for 10 years. If you continue to abide by the repayment schedule in Chapter 13 bankruptcy, it remains on your report for up to seven years.

There are, however, ways to begin rebuilding your credit almost immediately after bankruptcy, and it may not prevent you from, for example, buying a home before the bankruptcy is removed from your credit report.

Creditor Negotiation

With creditor negotiation, a third party negotiates a repayment plan or a reduced debt amount, which you pay to the creditor in a lump sum.

While negotiating with creditors could help you lower the amount you owe, avoid bankruptcy, and keep creditors at bay while you negotiate a settlement, there are also risks involved. Creditors may not agree to negotiate or never come to an agreement, and if you stopped paying them while negotiations were occurring, you could end up owing more in interest and penalties. The third-party debt settlement company will charge you fees even if they fail to settle your debt for a reduced sum. As with bankruptcy, payments not made while negotiating a settlement could be reported and damage your credit score.

Debt Consolidation

Debt consolidation is combining two or more debts and paying them off with a single loan. Instead of making three payments to three creditors, for example, you make one lower monthly payment on the debt consolidation loan.

Some pros of debt consolidation include simplifying the number of payments you make and, if your consolidation loan charges less interest than the original debts, you save interest over time.

Cons include needing access to a debt consolidation loan, which typically requires a good credit score. You may incur fees for loan origination and closing, balance transfers, or annual fees. It can also cause a dip in your credit score because getting a consolidation loan initiates credit inquiries.

The Winter Law Group is Ready to Help You

Unmanageable debt can be stressful and overwhelming. You may not be able to ever get out from under your crushing debt without using bankruptcy, creditor negotiation, or debt consolidation to find some room to breathe. No matter which route you choose to pursue, the most important step you can take is to develop new, healthy financial practices to help you rise out of debt and not return to poor spending habits.

For more than a decade, our team at the Winter Law Group has been helping clients find a fresh financial start. We put our experience and knowledge to work for each of our clients and their unique situation, guiding them through their options. Their best interest is our primary concern.

If you live in Fresno, Clovis, Visalia, Madera, Merced, or Madera, or Merced counties in California, we might be able to help you breathe more easily. Take the first step and call our office today.

Living Your Best Life After Bankruptcy

Tue, 16 Feb 2021 05:20:46 GMT

Filing for bankruptcy may be the best — and sometimes, the only — option to get out from under crushing debt. While getting that fresh start may be right for you, it does come with some repercussions, including damage to your credit score that can keep you from getting a mortgage, auto loan, or other types of credit for years.

In 2020, more than 49,000 individuals and businesses in California filed for bankruptcy. Few would have made that decision lightly, knowing that relief comes at a cost. Still, there are ways to live a good life after bankruptcy, especially if you seek help from an experienced bankruptcy attorney.

At Winter Law Group, we represent clients in Fresno, California, and the surrounding communities who need the fresh start bankruptcy can provide. We are also committed to helping them take steps to live their best lives after bankruptcy. The first step is knowing the challenges you will face and the best way to address them.

Creditor Harassment

If you have fallen behind on your bills and other financial obligations, you probably have creditors constantly calling you to request immediate payment. Once you file for bankruptcy, the court automatically issues a “stay order” which stops any action a creditor can take against you. As long as you have listed those debts in your filing, the court will inform all creditors. You are under no obligation to do so before or after you file for bankruptcy.

Upon notification from the court, all creditor calls should cease. Creditors are not allowed to call, email, text, or send threatening letters to you. They also cannot repossess your collateral, foreclose or place a lien on your real property, or file a lawsuit against you.

If creditors fail to cease these actions, notify your bankruptcy attorney. Your attorney can update creditors or threaten to file suit against them if they continue to violate the court’s stay order.

Credit Report

People with below-median incomes can file for Chapter 7 bankruptcy, which wipes out all debt. The bankruptcy will, however, remain on your credit report for 10 years.

If your income exceeds the median income in California, you can file for Chapter 13 bankruptcy, which restructures your debt. You then agree to a plan that allows you to pay off that debt in three to five years. If you adhere to the plan, the bankruptcy remains on your credit report for up to seven years.

Fixing Your Credit

Here are three steps you can take to start rebuilding your credit while the bankruptcy appears on your record:

Request a copy of your credit report from the three national credit bureaus, Experian, TransUnion, and Equifax.

If you filed for Chapter 7, wait 90 to 120 days after your debt has been discharged. Make sure all debt that was to be discharged shows a zero balance.

If you filed for Chapter 13, request copies 90 to 120 days after you file for bankruptcy. Make sure any debt not included in the bankruptcy filing still shows that you are making payments. Once you have completed the debt repayment plan, wait another 90 to 120 days to make sure all debt you paid off under the plan show zero balances.

Take Out a Credit-Builder Loan at a Credit Union

These are small loans (usually $1,000 or less) placed in a special savings account. You don’t get to use the amount borrowed until you have made the required number of scheduled payments equal to the borrowed amount. The loan earns interest in the savings account while you make payments on it.

Get a Credit Card

Your mailbox will not overflow with credit card offers after bankruptcy. You can, however, try to get a secured credit card from your credit union or bank. A secured credit card requires you to deposit an amount of money that then serves as the limit for the card. If you can qualify for an unsecured credit card, it will probably be one with a low spending limit, high interest rate, and severe penalties for missed payments. Using either type of card can help restore your credit only if you use it wisely. Use it for small purchases that you could pay for out of your checking account and pay off the entire balance every month.

How the Winter Law Group Can Help

Filing for Chapter 7 or Chapter 13 bankruptcy is a huge step, but often one that helps people get back on solid financial footing. It is important that you seek the advice of an experienced bankruptcy attorney from the moment you start considering filing for bankruptcy. While bankruptcy provides a fresh start, it also comes with implications that ripple throughout a significant part of your life afterward. You need someone to guide you through the bankruptcy process, tackle the long-term effects, and help you avoid making poor financial choices in the future.

At Winter Law Group, we help clients take control of their lives again, first by freeing themselves from the crushing burden of debt, then by taking the right steps to live their best lives after bankruptcy.

If you live in Fresno, Clovis, Visalia, Madera, or Merced, California, call our office now to schedule a consultation.

What Are The Benefits Of Using A Debt Settlement Company?

Fri, 29 Jan 2021 04:59:19 GMT

The average household credit card debt in California stands at $10,496, the fourth highest in the nation, while the average mortgage debt in the Golden State has reached a whopping $363,537. Both sets of statistics were gathered prior to the COVID-19 outbreak in March 2020.

Since that time, household and business incomes have both suffered severe fluctuations, while home prices throughout the state have continued their seemingly unending rise.

In other words, we have a recipe for debt disaster here in California. Whether that plays out or not, certainly many individuals are now facing debt obligations exacerbated by pandemic economic conditions that could force them to make some serious decisions.

If your debt load becomes unmanageable for whatever reason, and you find yourself falling behind by missing payments or paying less than the minimum owed, you could benefit from either debt settlement or bankruptcy. Which one is better for you?

If you’re in the Fresno, California, area, or nearby in Visalia, Merced, Clovis, or Madera, contact our debt relief team at the Winter Law Group. We will explore all your options with you and help you come to the decision that is right for you.

Debt Settlement vs. Bankruptcy

In many ways, a Chapter 13 bankruptcy filing is similar to a debt settlement agreement. You get to consolidate all your debts, usually at reduced levels, into one monthly payment that lasts for three to five years. The downside is that your credit report takes a hit for seven years, and you cannot obtain new credit during the payoff period without the bankruptcy court’s permission. Additionally, your bankruptcy is not discharged until you’ve paid everything off.

A Chapter 7 filing, which liquidates all your nonexempt assets and at least partially pays off your creditors, is an even bigger hit on your credit. Though you are discharged from your debts as soon as the process concludes — usually in a few months — the filing stays on your credit report for 10 years.

Pros and Cons of Debt Settlement

One huge difference between bankruptcy and debt settlement is that the latter takes place outside of a courtroom, and your debtors are under no legal obligation to participate. While some creditors will agree to take a lesser payoff amount rather than nothing, others may continue their debt collection efforts or even file a lawsuit against you.

If you can get a debt settlement company to lower your obligations and come up with a repayment plan that you can afford, this should enable you to avoid bankruptcy and stop the collection calls, texts, and emails as your creditors start getting repaid, either wholly or partially.

As mentioned, debt settlement companies operate outside of the bankruptcy system, so they must work with your creditors on a voluntary basis to reduce the amount owed. Depending on your arrangement with the company, you can then either accept individual settlements from different creditors, or you can consolidate the whole debt load into one new loan with a fixed monthly payment.

As mentioned, your creditors are under no obligation to cooperate, and they can continue to hound you, go to court for relief, and even garnish your wages at work — despite your favorable settlement with other creditors.

Another downside is that the IRS will often consider your forgiven debt, which is called settled debt, as income and charge you taxes on it. This will not happen with a bankruptcy filing.

The debt settlement companies also expect to be paid for their efforts. They often charge fees of 15-25% of your total debt load or more. The good news is that the fee usually doesn’t kick in until they’ve reached a settlement. The bad news is, if they reach a settlement for, say, 30% of your debt, they will then immediately hit you with 30% of the agreed-upon fee.

Sadly, when all is said and done and you have a reasonable debt settlement plan, if you miss a payment or two, the debt collection process may start all over again, and you could end up owing more than you started with.

How The Winter Law Group Can Help

All of this may make it sound like bankruptcy may be the safer option, but that’s not always the case. A good debt consolidation and settlement agency — or even a nonprofit credit counseling agency — can sometimes be the difference between you and bankruptcy proceedings.

Whenever you consider a debt settlement agency — nonprofit or for-profit — make sure to check on their record with the state attorney general or a local consumer protection agency, even the BBB (Better Business Bureau). Our debt relief team can help you with this process.

At the Winter Law Group, we have been assisting clients in and around Fresno for more than a decade as they seek to resolve their debt problems either through bankruptcy, debt settlements, or other means. We can assess your situation and recommend a financial relief strategy going forward that suits your personal situation. Contact us in confidence should your debt load become unmanageable or even overwhelming.

3 Tips To Help You Avoid Distracted Driving

Mon, 28 Dec 2020 04:45:40 GMT

In 2019, nearly 60% of California drivers surveyed said they had been hit or nearly hit by a driver who was texting or talking on a mobile phone. 51% admitted they had made mistakes while driving and using their phone.

Every year in California, distracted drivers cause thousands of accidents, with many resulting in significant injury and even death. In fact, 9% of crash fatalities nationwide are caused by distracted drivers.

Most would agree that no call, or text, or social media post is worth a life — but unfortunately, that is often the cost. Drivers have a responsibility to themselves, their passengers, other drivers, cyclists, and pedestrians to responsibly operate their motor vehicle using the highest standard of care while on California’s roadways. This includes avoiding distractions that can take your eyes off the road.

At the Winter Law Group, our firm proudly represents clients and their families in Fresno, California, and the surrounding communities who have been injured or killed by the negligent actions of a distracted driver. It is our wish that everyone makes more of a conscious effort to avoid being the cause of an accident that causes significant injury or death due to their own reckless behavior behind the wheel.

What is Distracted Driving?

Distracted driving is defined as anything that takes your eyes off the road or your hands off the steering wheel while operating a vehicle. Phone use while driving is generally the most common distraction, especially texting and driving. Just looking at the screen to see who is calling or texting or to read a breaking news notification can also take your eyes off the road. Texting, calling, adjusting your air conditioner, or changing the radio station are other distractions that can take at least one hand off the wheel and your eyes off the road.

At the end of the day, anything that takes your focus off of driving can be considered a distraction. That includes being in a conversation or attempting to perform other duties while keeping your hands on the steering wheel.

Common Risks Associated With Distracted Driving

Taking your eyes off the road for more than two seconds can double your risk of causing an accident. This is because you can miss seeing objects and cues that often warn you of an impending accident, such as brake lights, turn signals, warning signs, and traffic signals.

California Distracted Driving Laws

California law prohibits drivers from even holding a device in their hands while operating a vehicle. This includes cell phones and other electronic devices, such as a GPS system. All such devices must be mounted in a way that does not interfere with the driver’s view of the roadway or with the operation of safety equipment such as airbags.

The law also bans texting while driving, even if you are attempting to use a mounted device. While not specifically addressed, the law prohibits other activities that can cause a distraction, including eating or drinking while operating a vehicle.

3 Simple Tips to Help You Avoid Distracted Driving

Wait to do anything that may be considered distracting until you are seated in a parked vehicle off the roadway. This includes using your cell phone for calls, texts, or internet use and plugging in GPS coordinates. This also includes eating or drinking and adjusting mirrors, temperature controls, seat positions, and the steering wheel. Additionally, if you wish to prepare passengers for the trip, especially children in the rear seat, you should always do this before putting the vehicle in motion to avoid distractions while you are driving. You should also stow any loose items so they do not move around while in transit, and take the time to be fully groomed and dressed before you begin driving.
Concentrate fully on driving and nothing else. Constantly scan for other drivers, pedestrians, and cyclists while driving. Pay attention to road conditions caused by weather or changes in roadway surfaces. Keep vigilant for roadway signage regarding hazards, upcoming intersections, speed limits, and traffic conditions. Watch for brake lights and turn signals, and maintain safe distances between vehicles.
If you need to look away from the road for any reason, wait until you can safely pull off the roadway and park your vehicle. Handle the distraction in its entirety before you resume driving.

How to Pursue a Claim When You Have Been Injured by a Distracted Driver

If you were injured in a crash caused by a distracted driver, it is imperative that you hire an experienced California personal injury attorney to represent you in a claim for property and bodily injury damages. An attorney will fully investigate the circumstances of the crash to document the negligent driver’s distraction, including obtaining a subpoena for phone records if necessary. Proof of the negligent operator’s distracted driving can strengthen the evidence in your case and increase your chances of receiving a successful outcome.

Winter Law Group Is Here To Help You Get Justice

If you have been injured by a distracted driver in California, you should speak with a personal injury attorney to represent you in a claim against the driver’s insurer. That driver could face criminal penalties as well for breaking distracted driving laws, which could strengthen your personal injury claim.

For more than a decade, the Winter Law Group has been helping those injured by distracted drivers in personal injury claims. Our firm is proud to fight for your rights and represent you against insurance company attorneys who do not want to pay for the negligent actions that led to your pain and suffering. If you live in Fresno, California, or the surrounding area, call our office to schedule a free consultation. We’d be happy to discuss the details of your case and outline how we can help you take the first steps toward pursuing the justice you deserve.

Understanding Bankruptcy And Your Credit

Mon, 16 Nov 2020 04:45:39 GMT

Life's financial curveballs can sideline you from paying bills or meeting your other financial needs. When thinking about the next steps for your financial future, it's easy to fall victim to information that may mean well but isn't accurate. If you think bankruptcy is the right step for you, it’s important that you understand how to navigate the bankruptcy process and what you need to do to protect yourself.

If you are considering filing for bankruptcy and wish to understand the long-term effect that bankruptcy can have on your credit score, it is crucial that you consult with a knowledgeable California bankruptcy attorney for proper guidance.

Common Myths About the Bankruptcy Process

If you are struggling with debt, you may wish to avoid bankruptcy for fear of the damage it could do to your credit. However, contrary to popular belief, carrying large balances for long periods of time indicates to potential creditors that you are a risky investment. Even if you pay your minimum payments, the effects of long-term debt can often do far more damage than filing bankruptcy.

If you have questions about how bankruptcy could affect your credit, our attorneys at The Winter Law Group are available to provide the guidance you need. As experienced California bankruptcy attorneys, we will help you understand the relationship between bankruptcy and your credit so that you can make informed decisions that will help you work towards achieving sustainable debt relief.

Our team will evaluate your unique situation and determine your possible options to get relief and rebuild your credit. We proudly represent people in Fresno, California, and throughout the Central Valley through the bankruptcy process, including life after bankruptcy.

What Is My Credit Score?

Your credit score is the number that creditors use to evaluate your potential risk. With a lower credit score, you may receive a higher interest rate as opposed to someone with a higher score. In general, creditors more often use credit scores to set interest rates and spending limits. Bankruptcy is only one of many factors credit reporting agencies use to calculate your score.

How Bankruptcy Affects Your Credit Score

Filing for bankruptcy is a major decision that can impact your life in a variety of ways. Choosing to file can help solidify your finances in a number of ways, but it can also impact your credit score in the following ways:

Payment History

This is the most important factor used to determine your credit score. When you file for bankruptcy, you won't be paying covered debts in full as initially agreed. Future lenders may reject your application due to this payment history.

A Decrease in Credit Score

Depending on the type of bankruptcy you file, your credit score will decrease anywhere from 160 to 220 points. Depending on your current credit score, such a decrease can turn a good credit rating into a poor one.

The Lasting Impact on Your Report

Filing for Chapter 7 bankruptcy will remain on your credit report for ten years, and filing for Chapter 13 bankruptcy will stay on your report for seven years. Lenders will be able to see this on your credit reports in the public records section.

Qualifying for Future Loans

Filing for bankruptcy will likely make it more difficult to qualify for a home loan, auto loan, or credit cards, due to your fair or poor credit report.

While it is true that filing may lower your credit score, you can begin re-establishing your credit-worthiness almost immediately after your bankruptcy successfully closes.

Outside of bankruptcy, you may be aware that your credit does not improve with each debt you pay off. Only when the last debt that you owe is paid off will your credit begin to recover. However, bankruptcy discharges all debts at one time. From that moment on, you can begin to rebuild your credit to gain financial stability and improve your credit score after bankruptcy.

How to Qualify for Credit After You File

Rebuilding your credit may take some time. By managing your finances responsibly, however, you can re-establish your credit-worthiness in a fairly short amount of time. Many people who have gone through the process of bankruptcy have gone on to buy cars, homes, and obtain a good line of credit through patience and hard work. Our bankruptcy attorney can help you set realistic financial goals and take the necessary steps to start building toward a more stable financial future.

Fortunately, your credit score is only one of the factors that companies use to decide if they will give you a loan to buy what you need. The credit scoring models favor new information or recent credit history over old information. Likewise, the amount of other debt and your income levels are often more important than the raw score. Therefore, you can improve your credit scores by managing new credit responsibly after bankruptcy.

How the Winter Law Group Can Help

According to data compiled by Statista, between July 1, 2019, and June 30, 2020, there were 59,056 non-business bankruptcy filings in California, making it the highest amongst all U.S. states. Many of these individuals didn't go through it alone, and neither should you. If you are considering filing bankruptcy, consulting with a knowledgeable and experienced California bankruptcy attorney is a crucial step toward achieving financial stability.

At the Winter Law Group, we are dedicated to providing outstanding legal services and comprehensive representation to clients in bankruptcy-related matters. Our firm can:

Review your case and help you understand your possible options
Evaluate your unique situation and determine which bankruptcy option is right for you
Determine whether you are eligible for Chapter 7 or Chapter 13 bankruptcy
Help you file your forms and guide you through the entire bankruptcy process
Handle creditor harassments and negotiate with creditors to set up a feasible arrangement
Create strategies to help you manage and improve your credit score after bankruptcy

Contact the Winter Law Group today to schedule a free one-on-one consultation with an experienced California bankruptcy attorney. Our dedicated attorneys can offer you the comprehensive legal guidance and advocacy you need to navigate key decisions in your bankruptcy proceedings. We are also proud to serve clients throughout Fresno, Visalia, Clovis, Madera, Merced, Madera County, and Merced County, California.

How To Delay Or Stop Foreclosure

Tue, 27 Oct 2020 04:45:37 GMT

In 2019, there were about 493,066 properties with foreclosure filings, representing 0.36 percent of all housing units in the United States. Due to nonpayment, your mortgage lender can repossess your house legally through foreclosure. You may think you have no options to save your home if you have been served with a foreclosure notice. However, filing bankruptcy will delay the foreclosure process, giving you time to consider your options.

Our attorneys at The Winter Law Group are highly experienced with the foreclosure and bankruptcy process and can help you fight to keep your property. We will explain your options and strategize a plan to stop the foreclosure. Contact us for a free one-on-one consultation with an experienced California bankruptcy attorney. We proudly serve clients in Fresno, California, and the surrounding areas of Clovis, Visalia, Madera, Madera County, Merced, and Merced County.

Reasons for Foreclosure

A foreclosure is a legal process through which your mortgage lender or bank repossesses the property or obtains ownership of your home. Common reasons for foreclosure include:

Nonpayment
Adjustable-rate loans
Unemployment
Credit card debts
Critical illness and medical expenses
Divorce
Multiple bills
Sudden relocation
Death

When payments are delinquent, it will trigger the notification phase of the foreclosure process.

Foreclosure Process

There are two types of foreclosure, including judicial and non-judicial. Judicial foreclosure is supervised by the court with formal legal proceedings, whereas non-judicial foreclosure is not court-supervised. Non-judicial is the most common residential foreclosure in California. The foreclosure process in California involves the following steps:

Notice of Default

To initiate the foreclosure proceedings, the trustee or lender records a notice of default with the county clerk's office. The notice of default will include details regarding the nature of the breach and how it can be resolved. The borrower will have three months to resolve the default.

Notice of Sale

If the borrower fails to resolve the default, the trustee or lender records a notice of sale. The notice of sale will contain details such as property address, time, and place of the sale. The foreclosure sale can only occur 20 days after the end of the three months.

The Foreclosure Sale

Pursuant to Cal. Civ. Code § 2924g, the foreclosure sale must be held between the hours of 9 a.m. and 5 p.m. on any business day, Monday through Friday. The highest bidder will buy the property. In a non-judicial foreclosure, the borrower has the right to reinstate at any time until five business days before the sale.

Legal Rights and Options

Options to delay or stop foreclosure include:

Delaying Foreclosures With Bankruptcy

When bankruptcy is filed, an automatic "stay" goes into effect that prevents all collection activities by creditors — including foreclosure. While filing bankruptcy does not guarantee you will stop the foreclosure, it will delay the process, so you have time to consider your options.

If keeping your home is important to you, the Winter Law Group can help you determine whether filing bankruptcy can help you accomplish that goal. We will review your overall situation, providing honest answers so you can make informed decisions.

File a Lawsuit

A non-judicial foreclosure can be delayed or stopped by filing a lawsuit against the lender to challenge the foreclosure. To be successful, the plaintiff would have to prove to the court that the foreclosure can't happen because of the lender:

Didn't act in compliance with state mediation requirements
Failed to follow all of the necessary steps in the foreclosure process
Violated a state law
Can't prove it owns the promissory note
Made some other severe mistakes

Loan Modification

It may also be possible to delay a foreclosure by applying for a loan modification. California law prohibits banks or lenders from proceeding with a foreclosure while there is a pending loss mitigation application. This is referred to as dual tracking. If your loan modification application is approved, the foreclosure will be permanently stopped, provided that you stay current with the modified payments.

What About Buying a House In The Future?

Many mistakenly believe that filing bankruptcy or experiencing foreclosure prevents them from ever buying a house again. There are several key things you will need to obtain a loan to buy a home. Stable income and appropriate down payment are still the most important. Low debt is also very helpful. Bankruptcy provides the opportunity to get rid of debt and begin anew. Once free from debilitating debt, you can re-establish your credit and continue or increase saving to buy a home in the future.

Legal Counsel Can Help Protect What Matters Most To You

If you cannot avoid foreclosure or wish to let go of the property, the Winter Law Group can help you take the necessary precautions to minimize any future liability regarding liens, property tax obligations, or foreclosure sale deficiency debt.

In many cases, people can keep their homes by getting current on past-due mortgage payments in Chapter 7 or by including a first or second mortgage within a Chapter 13 payment plan. As long as you can demonstrate your ability to continue making payments, you can most likely protect your property from foreclosure.

Filing Bankruptcy Can Give You Time to Consider Your Options

Filing for bankruptcy can stop or delay foreclosure and give you time to consider your options. Contact the Winter Law Group today to schedule a free one-on-one consultation. Our experienced team can offer you the comprehensive legal guidance and advocacy you need to navigate key decisions. We are proud to serve clients across Fresno, Clovis, Visalia, Madera, Madera County, Merced, and Merced County, California.

What To Do If You've Been Injured As A Passenger In An Auto Accident

Thu, 03 Sep 2020 03:18:32 GMT

The body content According to the California Highway Patrol, there is an average of 600 to 700 passengers killed in car accidents annually. Many of these accidents are caused by negligence or reckless driving. Sadly, passengers have little to no control over what happens in a vehicle. As a result, they pay the price of another person’s actions in a car accident.

If you are an injured passenger in a car accident, you may be entitled to compensation for your injuries. At the Winter Law Group, we have the experience and resources necessary to provide guidance and explore your options. Contact us for a free consultation.

Fault Determination

California is considered an “at-fault” state meaning that in order to recover damages, the injured passenger must prove that the injuries they sustained were due to the fault of another party. The party found at fault will be responsible for paying for damages. If more than one party is at fault, each is responsible for covering the percentage of damages for which they were at fault.

Evidence is useful in proving who is at fault for the accident and how someone else’s negligence led to your injuries. Sources of evidence may include:

Eyewitness statements
Video footage of the accident
Police or accident reports
Medical reports
Expert testimony
Additional clues at the accident scene

As soon as possible, obtain copies of any applicable documentation such as police and medical records, driver and witness information, as well as your own account of what occurred. Your lawyer can use the evidence to assess all damages and the value of your passenger claim.

Filing a Claim

Once fault has been determined, your attorney can help you file a claim against the driver of the vehicle of which you were a passenger, a third-party driver, or with your own insurance (including uninsured motorist, underinsured motorist, or health insurance).

Your attorney can also engage with the insurance company on your behalf to negotiate a fair settlement. If the insurance company doesn't want to negotiate or offers a low settlement, you have the option of filing a lawsuit.

Damages that may be recovered include:

Medical expenses
Lost wages
Pain and suffering
Property damage

Passenger Liability

When it comes to car accidents, California is a pure comparative negligence state. The courts allow victims in auto accidents to collect damages even if they are up to 99 percent at fault for an accident. This differs from modified comparative negligence that caps the amount of fault at 50 percent.

However, California courts will still reduce your award by the percentage of your fault. For instance, if the court determines that you are 20 percent at fault for the accident, you may receive $80,000 in a lawsuit where the value of your claim is $100,000. The higher your percentage of the fault, the lower the amount of compensation you receive.

How A Personal Injury Attorney Can Help

Dealing with insurance companies can be complicated and frustrating. They will try to award the lowest settlement possible so it’s important to have someone who is experienced in California personal injury laws on your side. Your attorney can help you in:

Providing legal consultation throughout your case
Investigating the accident to uncover the facts
Obtaining evidence of fault and liability
Calculating the full value of all damages
Handling correspondence, deadlines, and all paperwork
Negotiating a settlement with the insurer
Taking your case to trial, if necessary

Keep in mind that if you are the passenger in the accident, your attorney may not be able to represent the driver in the same case, as this would constitute a conflict of interest for both parties.

Get Help from a Car Accident Lawyer in Fresno, California

If you were a passenger injured in a car crash, then contact the Winter Law Group. We offer comprehensive legal representation and will help you fight for fair compensation. Call today and get a free case review. We proudly serve clients in Fresno, Clovis, Visalia, Madera, and Merced, California.

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How To File An Injury Claim In California

Fri, 21 Aug 2020 02:24:29 GMT

According to the Statewide Integrated Traffic Records System (SWITRS) annual report, in 2017, there were 277,160 traffic crash injuries and 3,904 fatalities in California. Being involved in an accident can be an overwhelming experience. Fortunately, personal injury laws exist to compensate victims of accidents caused by the negligent actions of someone else.

If you are hurt in an accident and are trying to understand how personal injury claims work, or what to expect when you file, it’s important to consult with a knowledgeable California personal injury attorney. The Winter Law Group can provide experienced legal guidance and explain your options for filing an injury claim. We can evaluate your unique situation and determine a strategy for pursuing fair compensation for your injuries.

The Winter Law Group proudly serves clients in Fresno, California, and the surrounding communities of Madera, Clovis, Visalia, Merced, Madera County, and Merced County.

Process of Filing a Claim in California

In California, accident victims have three options when filing injury claims. They can file with:

Small claims court for injury claims less than $10,000
California civil court for injury claims more $10,000
Division of Workers' Compensation for work-related injuries and on-the-job accidents

The process of filing a claim in California is as follows:

Hire a Lawyer: After seeking medical attention, retain an experienced personal injury attorney who can help you file an insurance claim or negotiate a fair financial settlement.
Notification Letter: Your attorney will send an official notification letter to the insurance company. stating your intention to file an injury claim.
Investigation and Documentation: Your attorney will carry out a comprehensive investigation and gather necessary information such as police reports, accident scene photos, and witness statements. Documents containing medical costs, medical treatments, and doctor's appointments should also be made available.
Establishing Fault: Establishing fault after an accident in California is important to recovering damages. Your attorney will help establish fault and liability by showing that the defendant owed a duty of care, that the duty was breached through negligence, and that negligence caused the injury.
Negotiation: Oftentimes, the insurance company will deny your claims or offer a low settlement. Your attorney will handle all negotiations on your behalf. Insurance companies will generally respond more favorably to an attorney than they will to an injury victim.
Settlement: Your attorney will discuss the outcome of the negotiations with you before accepting a settlement on your behalf. It’s prudent to wait until you reach your maximum medical improvement (MMI) level before accepting a settlement otherwise unforeseen medical expenses may not be accounted for.
File a Lawsuit if Needed: If you are unable to negotiate a fair settlement, it may be necessary to file a personal injury lawsuit.

Statute of Limitations

The statute of limitations is a state law that sets a time limit on the right of an accident victim to file a lawsuit. According to California law, an injury claim arising from any type of auto accident must be filed within two years from the date of the injury.

California's Pure Comparative Negligence Law

California is a "pure comparative negligence" state meaning that the courts allow injured persons to recover damages for their injuries, even if they are 99% at fault for the accident. However, the compensation awarded to the plaintiff will be reduced by his or her percentage of fault. For instance, if a verdict of $50,000 was awarded, and the court found that you were 30% responsible, you would receive $35,000 ($50,000 – [$50,000 x 0.30]).

How Legal Counsel Can Help

Filing an injury claim involves a lot of complicated processes. The insurance company may deny your claims or make you a low settlement offer. Hiring a knowledgeable personal injury attorney is crucial to protecting your rights and pursuing fair compensation for your injuries.

At the Winter Law Group, we are dedicated to providing outstanding legal services and strong representation in matters of personal injury and auto accidents. We will review your case, carry out a comprehensive investigation, prove fault, and determine case-value. We will fight passionately to protect your rights and attempt to help you pursue fair financial compensation for your injuries and damages.

If you were injured in an accident and need guidance in filing a claim, call the Winter Law Group today for a free one-on-one consultation. We represent personal injury victims in Fresno, California, and the surrounding area.

What Possessions Can I Keep In Bankruptcy?

Tue, 28 Jul 2020 01:49:02 GMT

Many people hesitate to file for bankruptcy for fear of losing their possessions. They believe their homes, cars, furniture, and savings to be at risk. However, the court has no interest in making people live in poverty in order to pay off debt. Bankruptcy laws were designed to leave you with what you need to make a fresh start. Bankruptcy doesn’t have to mean failure — for you, your family, or your property. You have rights and options under the law.

If you are overwhelmed by debt and worried about repossession, we at the Winter Law Group can help you understand what possessions you can keep in bankruptcy under California exemption laws. Our goal is to help you successfully get through the bankruptcy process so you can move on with your life. Proudly serving Fresno, California, and neighboring areas of Madera County and Merced County, we offer knowledgeable legal counsel to help you understand your options.

Bankruptcy in California

What many don’t realize is that bankruptcy law includes certain exemptions for personal property. Under these laws, in California or elsewhere, you can “exempt,” or protect, certain property that is necessary for living from bankruptcy proceedings. This means that, contrary to what some may believe, your bankruptcy trustee is not going to come and collect all your belongings to satisfy your debts. Typical items protected under bankruptcy exemption laws might include:

A home
A car, or cars depending on their values
Most furniture and appliances, including your TV and family computer
A limited value in jewelry and heirlooms
Retirement accounts, including pensions

Bankruptcy in California is unique in that you are given two choices of exemption systems. You are allowed to choose the system that works best for you and your situation.

Exemption System 1 (704)

Debtors with substantial home equity often prefer System 1 (referred to as “704” exemptions, named after section 704 in California Code of Civil Procedure), while those with more value tied to other forms of property usually take advantage of System 2 (“703” exemptions). Exemption System 1 is also referred to as “Homestead Exemption,” as it benefits those seeking to protect a certain amount of equity in their principal residence. The following list details some — but not all — of the 704 Exemptions, including new 704 Exemptions as of 2020.

Homestead - Equity up to $75,000 for a single person under the age of 65; equity for a married couple of up to $100,000; and equity up to $175,000 for those over 65, disabled, or low-income persons over the age of 55.
Motor Vehicle - Up to $3,325 total may be applied
Personal Property - Jewelry, heirlooms, and works of art up to $8,725; health aids that reasonably enable the debtor or a dependent to work or sustain health; food, clothing, appliances, and furnishings that are ordinarily and reasonably used
Retirement & Pensions - Private and public retirement accounts
Public Benefits - Unemployment and disability benefits, and student financial aid
Insurance - Disability or health insurance benefits
New 704 Exemptions in 2020:
FEMA benefits, effective January 1, 2020
In one deposit account, effective September 1, 2020, a debtor can protect “…an amount equal to or less than the minimum basic standard of adequate care for a family of four…,” or $1,724 as of writing. A minimum balance of $1,724 must remain in an account when a creditor seizes funds.

Exemption System 2 (703)

The second system of exemptions is often known as “Wildcard Exemption.” If you have no equity in a home, you may be able to exempt many other things of your choice using the 703 Exemption. The term “Wildcard” refers to this system’s flexibility in allowing a debtor to protect miscellaneous forms of property up to a certain dollar amount. Most of the same types of items detailed in 704 Exemption also apply to 703 Exemption (with certain restrictions and variations, of course), but take special notice of the wildcard exemption:

Wildcard exemption can be used for any property. It is limited to $1,550, plus any unused amount from personal property exemption. If no property exemption is used at all, this comes out to more than $30,000.

Preparing For Bankruptcy

Tue, 09 Jun 2020 21:28:43 GMT

Life’s financial curveballs can strike without warning and sideline you from meeting your financial needs. When facing financial adversity, declaring bankruptcy may be the best choice to remedy your situation and give you a fresh start. In California, Chapter 7 and Chapter 13 bankruptcy are among the options available to you. A one-on-one consultation with an experienced bankruptcy attorney can help you make informed decisions.

If you are going through financial adversity and considering filing bankruptcy, don’t go through it alone. Our team of experienced attorneys at the Winter Law Group is always available to discuss your situation and provide you with knowledgeable guidance. A consultation with our attorneys can put you on the path towards financial freedom.

The Winter Law Group proudly serves clients in Fresno, California, and the surrounding communities of Clovis, Visalia, Madera, Madera County, Merced, and Merced County.

What to Do to Prepare for Filing Bankruptcy

Struggling with debt that you are unable to pay can be overwhelming. You are likely receiving neverending calls and letters from debt collectors and creditors. Filing for bankruptcy may help stop this cycle and give you the chance to get on your feet. Once you decide that bankruptcy is an option you’d like to pursue, there are several things you can do to prepare to make the process easier for you and your attorney:

Gather proof of your income and financial documents. These include copies of your tax returns, bank statements, and proof of income for the past six months.
Obtain copies of your credit reports. This ensures that you do not forget a creditor accidentally.
Make sure you have filed required tax returns.
Pay off all your necessary bills.
Stop all automatic payments.
Document debt information honestly and thoroughly.
Make a list of all your assets.
Complete a credit counseling course.

What Not to Do Prior to Filing Bankruptcy

There are also several things you should not do in preparing for bankruptcy including:

Don’t lie about your assets.
Don’t wait until the creditor has won a judgment.
Don’t use your retirement account to pay debts.
Don’t acquire new debt.
Don’t run up your credit card debt.
Don’t move assets (transfer funds or property) to family or friends.
Don’t selectively pay off some loans.
Don’t go ahead without consulting with an experienced attorney.

Filing for bankruptcy is a huge decision. Having an experienced attorney on your side is crucial to help you navigate the complicated bankruptcy process.

How an Experienced Bankruptcy Attorney Can Help

Filing for bankruptcy in California is not as uncommon as you may think. According to data compiled by Statista, in 2018, California had the largest number of bankruptcy filings (66,272 non-business) in the United States. These individuals didn’t go through it alone and neither should you. When filing bankruptcy, an experienced attorney can help you navigate the complicated bankruptcy process. Our attorneys at the Winter Law Group can:

Assess Your Unique Situation : We can review your case and help explain your options.
Determine Best Course of Action : Our attorneys will help you determine whether you are eligible for Chapter 7 or Chapter 13 bankruptcy.
File Forms : We will help you file your forms and guide you through the filing process.
Appear in Court: We will also represent you throughout the court proceedings.
Handle Creditor Harassment : Dealing with continuous calls and letters from debt collectors and creditors can be overwhelming. Our attorneys will handle any ongoing creditor harassment.
Negotiate with Creditors : We will negotiate with creditors to set up the best possible arrangement for your unique financial situation.

In addition, our knowledgeable attorneys will advise you on how to avoid common pitfalls, rebuild your credit, and take adequate precautions to prevent potential financial adversity.