As many readers of our blog posts are aware, at Shenwick &Associates we have expertise in EIDL loan workouts, bankruptcy filings and offers in compromise, for defaulted EIDL loansRecently we did a post on EIDL loans and bankruptcy, which can be found at http://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.html and  a post on defaulted EIDL loans and the SBA Offer in Compromise program.  That post can be found at http://shenwick.blogspot.com/2022/07/eidl-loans-and-sba-offer-in-compromise.html When clients retain us with respect to defaulted EIDL loans, they often ask what documents they need to provide us for our review.We have developed the following checklist of documents after doing workouts and bankruptcy filings for various types of debtors and creditors. Provided below is a list of  documents needed for business borrowers and another for individuals, who took out the EIDL loans personally or who guaranteed EID Lloans, which are in default.BUSINESS BORROWER:1. Recent Balance sheet for the business2.  Recent Income statement for the business3. Most recent Federal Tax Return 4. EIDL Loan Documents5. Property that was Collateral for EIDL Loan6. Guarantees give for EIDL Loan 7. Check registry and wires going back 90 days for the business8. Bank statements for 90 days  and 9. Executive Summary  regarding the company’s problems and  goals with respect to EIDL LoanINDIVIDUAL BORROWER OR GUARANTOR:1. List of property  you own (assets)2. List of who you owe money or property to (liabilities)3. After Tax Monthly Budget showing after tax income & personal and business expenses4. Most recent tax return5. List of obligations you personally guaranteed6. Taxes owed, if any including the nature of the tax, the tax year and amount7. Brief summary of your problem(s) and your goalsIf you provide us with this information, we will be able to do an analysis regarding your best options with respect to the defaulted EIDL Loan, including a Workout,  Offer in Compromise, closing of the business or a bankruptcy filing.   Additionally, we will advise the guarantor on their options and best course of action.Jim Shenwick, Esq has handled thousands of workouts (out of court settlements) and over 500 bankruptcy filing for individuals and businesses. Jim Shenwick, Esq has an LLM in Taxation from NYU law school and he can also provide advice regarding relief of indebtedness issues. Jim Shenwick, Esq  jshenwick@gmail.com   212 541 6224   

For those who are owed or paying child support prior to filing for bankruptcy, the idea of discharge can be either terrifying or welcome. Regardless of which one applies to you, though, the truth of the matter might be altogether different than you imagined. Child Support Debt is Non-Dischargeable Child support is a priority debt.+ Read More The post Everything You Need to Know About Bankruptcy and Child Support appeared first on David M. Siegel.

When filing for personal bankruptcy, it can sometimes be difficult to determine which bankruptcy chapter is the right one for you. Many factors are at play when making this decision, but the first priority for anyone considering either is to learn more about bankruptcy itself. While there are technically more than two types of personal+ Read More The post What are the Differences Between Chapter 7 and Chapter 13 Bankruptcy? appeared first on David M. Siegel.

In a recent blog post we discussed EIDL LOAN WORKOUTS AND BANKRUPTCY http://shenwick.blogspot.com/2022/07/eidl-loan-workouts-and-bankruptcy.html In this post we will discuss EIDL Loans and the SBA Offer in Compromise program (“OIC”).  An offer in compromise is an offer by the borrower to pay less than the amount that is owed on the SBA loan, in consideration for the SBA considering the loan satisfied. The “compromise amount” must bear a reasonable relationship to the amount that could be recovered through “enforced collection proceedings”. Enforced collection proceedings are litigation or the lien and levying on collateralized assets by the SBA including bank account levies, wage garnishments, and liens on houses pledged as collateral.Generally in an OIC, the business has closed and all business assets have been sold or abandoned. In rare cases, an OIC can  be filed while the business is open and operating.The compromise amount should be paid in one lump-sum payment on a specified date, usually within 60 calendar days of the approval date. Rarely the OIC can be paid in installments.Similar to an OIC for a tax obligation, the SBA Offer-In-Compromise is required when a borrower or guarantor is seeking to have their obligation released for less than the balance due after the business has closed.What are the Requirements for an Offer in Compromise?(1) The loan must be classified in liquidation status by the Lender or SBA;(2) The borrower has not filed for bankruptcy;(3) The full amount owed on the loan cannot be paid or recovered (4) Collection of the loan is not barred by a discharge in bankruptcy or the statute of limitations;(5) The borrower has not engaged in fraud, misrepresentation, or other financial misconduct; and(6) The compromise amount bears a reasonable relationship to the amount that could be recovered in a reasonable amount of time through enforced collection proceedings. After defaulting on the EIDL loan, when the loan is classified in liquidation status by the Lender or the SBA, the borrower will receive a  60 day demand notice from the SBA.It is during this 60 day demand notice that a borrower typically files the OIC.If a borrower takes no action the SBA can commence litigation, seize IRS tax refunds, take Social Security benefits or an individual's wages can be garnished. The OIC package is sent to the lender who will review it and  forward it to the SBA for further review and action.What Documentation Must the Borrower Submit with the OIC?(1) SBA Form 1150 (Offer in Compromise).(2) SBA Form 770 (Financial Statement of Debtor) showing the borrower’s assets, liabilities, income, and expenses. (3) Statement of Personal History(4) Borrower Consent to Verify Information(5) IRS Form 4506-T (Request for Transcript of Tax Return);(6) The borrower’s federal tax returns for the past two years(7) If the loan involved personally guarantees, then 2 years of federal tax returns for the guarantor(8) If a house was collateral for the loan, then a recent appraisal of the house and a mortgage statement showing the mortgage balance on the house, if applicable.(9) A statement or explanation from the borrower stating why the loan cannot be repaid in full.Timing:The OIC process takes six months to one year.Will the SBA accept a payment plan for an OIC?The SBA prefers a lump sum payment, but they will also consider monthly payments from an individual. Note however, that the SBA will not issue a release, terminate a guaranty or release a lien on a house until all payments under the OIC are made. If your house is collateral for the loan, then the OIC offer must equal the equity in the house, which is determined by the fair market value of the house (based on a recent appraisal) less outstanding mortgages, less brokerage fees (if the house were sold), less your States homestead exemption and state and local transfer taxes.Bankruptcy filing vs OIC Clients will often ask us is it better to do an OIC or a bankruptcy filing? There is no correct answer and at Shenwick & Associates we do that analysis for clients.At Shenwick & Associates we have done hundreds of workouts for clients and many bankruptcy filings for individuals and businesses.   Clients having questions about the OIC process or bankruptcy should consult with Jim Shenwick, Esq.   jshenwick@gmail.com  212 541 6224  

 EIDL LOAN WORKOUTS AND BANKRUPTCY Recently we have received many telephone calls and emails from clients regarding their default under EIDL Loans and EIDL Grants, from the SBA or related banks and their options with respect to those defaults.In the way of background, EIDL (Economic Injury Disaster Loans) and EIDL Grants were provided to small businesses to help them recover from the COVID-19 pandemic. EIDL loans were supposed to  used for working capital and operating expenses.     EIDL loans are not forgivable and must be repaid.EIDL Grants do not need to be repaid.The maximum for EIDL Loans was $2 million. The interest rate on those loans was not to exceed 4%.The term was up to 30 years, with no prepayment penalty or feesIn SBA nomenclature, if a borrower does not make payment on an EIDL Loan, the loan can be Delinquent or go into Default. SBA regulations provide that  “Delinquent” means you’re behind on your SBA loan repayments, but your lender still believes you will be able to repay some, or all, of the loan amountIf a lender determines that you  will be unable to repay your loan, then you will be classified as a “Default”.Delinquent on EIDL Loan:In the typical EIDL loan, the lender will assess a late fee for failure to pay, contact you for repayment, restructure the loan, extend your loan over a longer length of time (to reduce monthly repayments), allow you to repay only the interest portion of your loan, or some blend of the above (typical loan workout strategies).Lender’s will push for a payment  within 30 days of contacting you.Default On EIDL LoansIf you repeatedly fail to make repayments and cannot reach an agreeable plan with your bank or the SBA, then your loan will go into default. Consequences of Default:Any collateral (property) you pledged for the loan is at risk. Depending on applicable state law the lender has the  right to take the property and sell those assets to repay the loan.Any parties or entities that guaranteed the loan can be required or sued to repay the loan balance.The SBA will send you a demand letter, demanding that the loan be repaid. The SBA can sue you or the guarantor of the EIDL Loans. Your business and personal credit reports will show the default and your credit score will decline.The SBA can lien and levy on federally held assets such as tax refundsThe loan default will be reported to the IRS and you may have to recognize income equal to the amount of the loan default, which is not repaid to the lender.REMEDIES FOR AN EIDL LOAN DEFAULT:1. Offer to pay some money towards settling the loan.2. You can fill out an “Offer in Compromise” form and send it to an SBA Loan Officer,  which provides financial  information and the  amount that you can pay as a final and full payment to satisfy the loan.3. Prepare for litigation.4. Consider a bankruptcy filing  GUARANTIES AND COLLATERAL FOR EIDL LOANSEIDL loans of $25,000 or less do not require collateral or personal guarantees.EIDL loans between $25,000 and $200,000, require collateral (UCC-1 and a Security Agreement)  but generally do not require personal guarantees. In case of a default with respect to loans of this size, collateral such as accounts receivable, inventory or equipment could be seized and sold to satisfy the debt.EIDL loans greater than $200,000 require collateral and personal guarantees.EIDL and BankruptcyBankruptcy is a last resort for an individual or a business. However, an individual with an EIDL loan or a company that guaranted an EIDL loan can file for  chapter 7, 13 or 11 bankruptcy. Chapter 7 is a liquidation (the business closes), chapter 13 is a 3 to 5 year payment plan for individuals (not businesses) and chapter 11 is a reorganization or a liquidation for an individual or a business. A business that has an EIDL loan can file for  chapter 7 or 11 bankruptcy or chapter 11, Subchapter V bankruptcy (a form of chapter 11 bankruptcy for small businesses). EIDL loans can be discharged in a chapter 7 bankruptcy filing.   Assets that were collateralized for an EIDL loan, such as equipment or accounts receivable would become the property of the Lender. Parties who guaranteed EIDL loans can be sued by the EIDL lender and they would need to do a workout (an out of court workout) or a bankruptcy filing.  Clients or professionals with questions about EIDL loan workouts or bankruptcy filing  should contact Jim Shenwick, Esq   jshenwick@gmail.com  212 541 6224  

When U.S. Sen Elizabeth Warren continued to speak at the confirmation hearing for AG Jeff Sessions after being cautioned by Majority Leader Mitch McConnell, it gave rise to the feminist slogan, "Nevertheless, she persisted." A new opinion from the Fifth Circuit adapts that slogan to the Federal Energy Regulatory Commission's attempts to prevent debtors from rejecting regulatory energy contracts. Judge Jerry Smith's opinion in Case No. 21-60017, Gulfport Energy Corporation v. Federal Energy Regulatory Commission (5th Cir. 7/19/22) points out that the Fifth Circuit and others have held that debtors "may 'reject' regulated energy contracts even if (FERC) would not like them to." Noting that FERC continued to press the issue, Judge Smith noted that "Nevertheless, FERC persisted." While many believe that Sen. Warren got the better of Majority Leader McConnell in their exchange, the Bankruptcy Code came out on top in the Fifth Circuit's new decision.Judge Smith ably summed up the issue in the case:The parties dispute how two legal regimes—the Bankruptcy Code and the Natural Gas Act—interact. But their dispute is narrow. The question is how a bankrupt debtor’s power to reject executory contracts interacts with FERC’s power to decide whether a party may change or cancel filed-rate contracts, which the agency regulates. To answer that question, we must review what rejection does and then explain how it relates to the Natural Gas Act.Opinion, p. 2.  Skipping ahead to the end, the Natural Gas Act gives FERC the power to decide whether to "change or cancel filed-rate contracts."  Rejection, on the other hand, allows the debtor to breach an executory contract and excuses future performance. Those are different things and they don't conflict.What Does Rejection Mean? The opinion has a good explanation of what rejection means. The Bankruptcy Code empowers debtors, “subject to the court’s approval,” to “assume or reject any executory contract.” 11 U.S.C. § 365(a). That means that a debtor may choose either to perform (assume) or “breach” (reject), § 365(g), any contract “that neither party has finished performing,” That tool might seem unhelpful. Breaching a contract does not erase that contract; it entitles the contract’s counterparty to seek damages for the debtor’s nonperformance. But here’s the rub: Most debtors are broke and cannot pay in full that damages claim. So “in a typical bankruptcy,” the counterparty to a rejected contract “may receive only cents on the dollar” for its claim against the debtor, yet the debtor will retain the benefit of having ceased performance. Ibid. In that way, “rejection can release the debtor’s estate from burdensome obligations that can impede a successful reorganization.” Opinion, pp. 2-3. Under the Natural Gas Act, FERC has the right to approve or reject changes to filed-rate contracts. Rejecting a contract does not terminate or cancel the contract. Therefore, rejection does not conflict with the Natural Gas Act. As explained by the Court:Rejection does not change or cancel a contract; it breaches that contract, giving the debtor’s counterparty a damages claim for the value of the debtor’s continued performance. The contract itself does not change; nor does the filed rate. No change is wrought where the counterparty’s claim for damages is “calculated using the filed rate,” even if the debtor cannot pay that claim in full.Opinion, pp. 3-4. The opinion goes on for another 23 pages. However, the excerpts above contain the important lessons about what it means to reject a contract. Nevertheless, FERC PersistedWhat should we make of the Court's Elizabeth Warren reference?  On the one hand, it's kind of clever. It takes a phrase from public discourse and adapts it to a dull bankruptcy issue. Because of my politics, I think that Sen. Warren was well-justified in persisting and the purchasers of many tshirts and bumper stickers seem to agree. Judge Smith is definitely trying to send a message to FERC to stay in its lane and not interfere with bankruptcy jurisdiction, which I appreciate as a bankruptcy practitioner. Finally, given that Elizabeth Warren is a bankruptcy expert, inserting a Warren reference into a bankruptcy opinion is even more clever. The bottom line is that this case will be useful to practitioners needing to explain what rejection means. We have progressed so far from the days when it was assumed that rejection vaporized the contract.     

 As many readers over blog posts are aware, at Shenwick & Associates we practice personal and business bankruptcy law and workouts. With respect to our personal bankruptcy practice, we do not have a volume practice and we are generally referred more complex personal bankruptcy filings, rather than the run-of-the-mill filings, which we also do.Recently, a client contacted us and wanted a second opinion regarding his personal bankruptcy filing. Briefly, the facts were as follows, the individual was a relatively high income earner with a lot of personal debt and a significant amount of student loans, including graduate student loans. He had consulted with a number of personal bankruptcy attorneys, who indicated that based on his income, he did not qualify for Chapter 7 bankruptcy but rather Chapter 13, which would entail a 3 to 5-year payment plan.We met with the client and got detailed background financial information. Many of the clients' student loans were  graduate student loans, were related to his profession or his ability to earn an income and accordingly case law held that they may be classified as business income and not personal income. In the way of background, if an individual's income is greater than the state's “Median Income” and they fail the “Means Test”, they cannot file for chapter 7 bankruptcy.We asked the client for documentation regarding his graduate school attendance and did exhaustive research regarding treating  graduate student loans as business income, rather than personal income. We put together a research memorandum, containing documents, case law and articles and based on our reviews of his file and our research, we believed that he would qualify for a Chapter 7 bankruptcy. We did not over-promise and indicated that we thought his chances of success were approximately 60% and that the Chapter 7 bankruptcy trustee and the United States Trustee would question the treatment of the graduate loans, review the filing and possibly challenge the bankruptcy filing.The client was happy about the news, but concerned about his chances of  success and spoke with his father who advised him to move ahead with our law firm and file for Chapter 7 bankruptcy.We spent a lot of time preparing the client for his 341 hearing had we forward our research memo to the chapter 7 trustee, who sent it to the United States Trustee and we were thrilled to find out this week that the client received his Chapter 7 bankruptcy discharge The client wrote us a  letter of recommendation which is provided below. Bankruptcy,  particularly personal bankruptcy is a specialized area of the law and clients having questions about which type of bankruptcy to file, if any and what chapter to file should contact Jim Shenwick for a consultation or a second opinion.   Jim Shenwick, Esq.   jshenwick@gmail.com   212 541 6224Client Recomendation“I needed to file bankruptcy which was a very difficult and stressful decision. I never wanted to get to the point of having to file chapter 7, but I knew in order to have a fresh start it was the only way out. I spoke with several attorneys, most said I could only file chapter 13. I was single, no kids, and employed; my career and lifestyle were getting better but the debt was still substantial and I couldn't save any money. I felt overwhelmed thinking I had to figure out how to pay off the debt. James was the only attorney that firmly said you need to file for chapter 7. He didn't promise it would happen, in fact he was honest saying I had a 60/40 chance but he believed I had a good chance. I'm so glad I followed my instincts and went with him. He was aggressive and direct and got the job done. He prepared me for the court day and it went in my favor. I'm not gonna lie, I'm not proud of the situation, but I'm happy to be debt free with a new promising start. Thanks James!”

This article from TD Pel Media will be helpful to many clients (and some attorneys) titled 10 Tips On How To Avoid Legal IssuesThe article can be found at https://tdpelmedia.com/10-tips-on-how-to-avoid-legal-issuesJim Shenwick, Esq. jshenwick@gmail.com jshenwick@gmail.com

If a disability or medical condition prevents you from earning an income, long-term disability insurance benefits may provide some support. The question is, how long will your long-term disability benefits last in New Jersey? Generally, long-term disability benefits can last until a claimant reaches retirement age in New Jersey. That said, if an individual no longer meets their insurance company’s definition of disability, their benefits may cease. New Jersey policyholders should know that purchasing insurance doesn’t mean they’ll be eligible for benefits. Even if your claim is approved, it may be several months before you start receiving your long-term disability benefits. In the unfortunate circumstance that you aren’t eligible, a New Jersey attorney can help you explore other types of disability benefits. Our lawyers are here to help New Jersey residents get the disability benefits they deserve. For a free case evaluation with the New Jersey disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081. How Long Will Long-Term Disability Benefits Last in NJ? Unlike other Social Security programs, long-term disability insurance is purchased either as a private plan or through a New Jersey worker’s employer. A long-term disability insurance policy can help those who have been diagnosed with serious medical conditions and can no longer earn an income. If you’ve been approved for long-term disability benefits through your insurance, you will likely receive benefits for life, provided your disability remains. New Jersey residents may choose to include a short-term disability plan within their long-term disability insurance policy so that they are covered regardless of the length of time their condition is expected to persist. If your disability improves and you can return to work, your long-term disability benefits may cease. The criteria you must meet to qualify for benefits will depend on your specific insurance policy. Understanding what you must do to remain eligible for long-term disability benefits for life is crucial, so it’s wise to consult an East Brunswick disability lawyer. A long-term disability insurance company may request regular medical exams to determine whether or not you still qualify for benefits. If you do, you can likely receive them for the rest of your life. How Do You Qualify for Long-Term Disability Benefits in NJ? Although you may have purchased a long-term disability insurance policy, you are not automatically eligible to receive benefits. To take advantage of your insurance policy, you must meet the criteria for long-term disability benefits. Depending on your insurance carrier, you may need to meet different standards to qualify for long-term disability benefits. Your New Jersey disability lawyer can help you understand your insurance policy’s requirements to determine whether you are eligible for long-term disability benefits. You will likely need to submit your medical records to your New Jersey long-term disability insurance carrier to establish your eligibility. Suppose your medical records do not sufficiently prove your need for long-term benefits. In that case, an insurance company may request that you agree to an independent medical exam. Some conditions, like injuries, may not show their full severity for some time. Suppose you are initially ineligible for long-term disability benefits but have a short-term disability plan as well. In that case, you may be eligible for those benefits first. Generally, short-term disability benefits last for several months, after which your long-term disability benefits may kick in. How Long Until You Start Receiving Your Long-Term Disability Benefits in NJ? Disabled New Jersey residents don’t start receiving their long-term disability benefits right away. The claims process can be lengthy and complicated, with issues that can delay your access to benefits. To speed up the process, you can enlist help from an experienced New Jersey disability lawyer. Filing a claim with your disability insurance can take time. You probably won’t start getting payments immediately after your claim is approved. In fact, New Jersey residents may have to wait months after being approved for their long-term disability benefits to kick in. That’s because disability insurance companies require claimants to meet their specific definition of disability for up to six months after being approved. This is known as an elimination period. Suppose you fail to meet your insurance company’s definition of disability during this elimination period. In that case, you may never get your long-term disability benefits. Learning that you have to wait so long to get your long-term disability benefits can be disheartening. However, if you have an experienced Hamilton Township disability lawyer by your side, they can help you get payments sooner. For example, suppose you also have a short-term disability insurance policy. In that case, you may be able to get benefits through that plan while you wait for the elimination period to expire. Generally, the wait time between getting approved for short-term disability benefits and receiving payments is one to two weeks. Your attorney can help you take advantage of all benefits available to you to start receiving payments sooner. What if You Are Not Eligible for Long-Term Disability Benefits in NJ? While long-term disability benefits may seem appealing to New Jersey residents, not everyone has this type of insurance. Suppose you haven’t purchased long-term disability insurance, or your claim has been denied. In each case, a lawyer can help you understand your options. If you are unfortunately ineligible for long-term disability benefits, all is not lost. Insurance companies can make New Jersey residents jump through hoops during the claims process. These insurance companies often employ unsavory tactics, resulting in denied claims and confused claimants. It’s also important to note that not everyone considers purchasing long-term disability insurance until it is too late. If you’re ineligible for long-term disability insurance benefits, you may be eligible for Social Security Disability (SSDI) benefits. Generally, New Jersey residents with qualifying medical conditions and work histories are eligible to receive SSDI benefits. Like long-term disability benefits, SSDI payments continue for life as long as your disability remains. Our NJ Lawyers Can Help You File for Long-Term Disability Benefits Today If you need assistance filing an insurance claim for long-term disability benefits, our attorneys can help. For a free case evaluation with the Marlton, NJ disability lawyers at Young, Marr, Mallis & Deane, call today at (609) 557-3081.

Arizona Pool Accident Injury Lawyers Know Your Rights If You Get Injured In a Swimming Pool When most people think of personal injury lawyers, they think of lawsuits resulting from car accidents or slip and falls. But personal injury lawsuits can arise from several types of incidents, including accidents in swimming pools. With summer just around the corner, it can be helpful to know your rights if you are injured while using someone else’s swimming pool. You could be entitled to substantial compensation for your injuries. For a more detailed review of your claim, call 480-833-8000 or use our online form to request your free consultation. Pool Safety Information According to the Centers for Disease Control and Prevention (CDC), in the United States, there are 11 fatal drownings and 22 nonfatal drownings per day. Drowning is the second leading cause of death for children ages 1-4 behind birth defects. It is the second cause of unintentional injury death for children ages 1-14 behind car crashes. Approximately 80% of drowning victims are male. And while these numbers are already scary, they increase in Arizona due to the warm weather and how many people have swimming pools in their backyards. Ten people have died in water-related incidents in 2022 as of March 14. The drowning rate of preschoolers in Arizona is about double the national average. Many factors can increase the probability of drowning, or having a pool-related accident in general. A huge factor is whether or not someone knows how to swim. Seizure disorders and other medical conditions can make someone more likely to drown. Especially when children are involved, lack of adult supervision can increase the likelihood of a pool accident. The same goes for lack of proper fencing around a pool. Drugs and alcohol can increase the likelihood of a pool accident, while life vests can decrease the likelihood. Even when a drowning doesn’t result in death, the consequences can be severe. Nonfatal drowning can cause aspiration pneumonia, acute respiratory distress syndrome, hypothermia, and brain damage. Swimming pool accidents can also result in broken bones and other serious injuries. You should see a doctor as soon as possible after experiencing a swimming pool injury. Arizona Pool Requirements Arizona Revised Statutes § 36-1681 sets out the standards for pools in residences with children under the age of 6. It applies to pools of water at least 18 inches deep and at least 8 feet wide at one point. There must be a fence at least 5 feet high fully surrounding the pool with a self-closing, self-latching gate. It must be at least 20 inches from the water’s edge. The fence shouldn’t have any round openings of more than 4 inches or footholds and other features that could be used to climb the fence. Collectable Damages in Injury Claims If you are injured in someone’s swimming pool, you most likely will be dealing with their homeowner’s insurance. While they won’t be eager to pay out, there are numerous types of damages that you may be able to collect as a result of your injuries. Even if your medical insurance covered all of your expenses from the accident with no out of pocket costs for you, medical bills would still be collectable in a personal injury claim. You can collect all of your medical expenses in the claim, and then your medical insurance will be reimbursed for what you spent through a process called “subrogation.” If your injuries require future medical treatment or are permanent, you will also need to estimate those future medical expenses and include them in your claim. Injuries from a pool accident could easily cause you to miss obligations like work and school. You can be compensated for these losses in your personal injury claim. If your injuries are so severe that they will permanently impede your career progression, you can be compensated for that as well. Clearly, this damage can be difficult to complicate, especially if you don’t work a salaried position. An experienced Gilbert injury attorney can help you estimate a fair number for this damage category. Dealing with your injuries is far more complicated than paying your medical bills and catching up at work. Healing your injuries can be painful, both physically and emotionally. You will never be able to get back the time you spend at the hospital, in doctors’ offices, etc. You could be left with depression, insomnia, and other psychological side effects due to your injuries. And injury law recognizes that you should be compensated for this trauma. This is known as Pain and Suffering. There are several techniques you can use to calculate your pain and suffering damages. The most common way to do it, however, is by using the Multiplier Method. Here, the first step is to add up all the damages described above that you incurred. The sum will be multiplied by the appropriate multiplier for your case. The multiplier is usually a number between 1 and 5. A relatively minor injury would be closer to 1, while severe and permanent injuries would be closer to 5. Contact a Mesa injury attorney for more information about calculating your pain and suffering damages. Visitor Status The owner of the pool in which you were injured generally owes you a standard of care- but the type of standard of care that they owe you depends on your status as a visitor on the property. The three categories are invitees, licensees, and trespassers. An invitee doesn’t necessarily have to be literally “invited” somewhere, but it should be reasonably expected that they would show up. For example, if you own a restaurant, a patron of your restaurant would be an invitee. A licensee is someone with express or implied permission to be somewhere, such as a guest at a pool party. A trespasser is someone who has no authorization to be on the property. Invitees are entitled to the highest standard of care when they are on someone else’s property. The property owner should keep the area safe and warn guests of any potential hazards on the property. Licensees are owed a slightly lower standard of care. They must be warned of any potential hazards that aren’t obvious. Trespassers are due the lowest standard of care by property owners. A property owner must make sure that there isn’t anything dangerous on their property that could attract child trespassers, also known as attractive nuisance doctrine. Keep More of Your Injury Award With Our Arizona Accident Lawyers When you’ve been injured due to someone else’s negligence, hiring a dedicated personal injury attorney in Chandler can help strengthen your claim. The good news is that most personal injury attorneys work on a contingency basis, meaning they don’t get paid unless they win (or settle) your case. The unfortunate part is that many attorneys will take up to 33% or more of your final award. At My AZ Lawyers, we understand how vital your settlement money can be after a swimming pool accident, and offer a guaranteed contingency fee of 25%. That 8% or more in savings could result in thousands of extra dollars in your bank account. But you don’t have to read to believe- call 480-833-8000 or fill out our online form to schedule your free appointment with one of our experienced Arizona injury lawyers.   Arizona Offices: Mesa Location: 1731 West Baseline Rd., Suite #100 Mesa, AZ 85202 Office: (480) 448-9800 Email: info@myazlawyers.com Website: https://myazlawyers.com/ Phoenix Location: 343 West Roosevelt, Suite #100 Phoenix, AZ 85003 Office: (602) 609-7000 Glendale Location: 20325 N 51st Avenue Suite #134, Building 5 Glendale, AZ 85308 Office: (602) 509-0955 Tucson Location: 2 East Congress St., Suite #900-6A Tucson, AZ 85701 Office: (520) 441-1450 Avondale Location: 12725 W. Indian School Rd., Ste E, #101 Avondale, AZ 85392 Office: (623) 469-6603 The post Arizona Pool Accident Injury Lawyers appeared first on My AZ Lawyers.