ABI Blog Exchange

The ABI Blog Exchange surfaces the best writing from member practitioners who regularly cover consumer bankruptcy practice — chapters 7 and 13, discharge litigation, mortgage servicing, exemptions, and the full range of issues affecting individual debtors and their creditors. Posts are drawn from consumer-focused member blogs and updated as new content is published.

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SDNY Revisits Section 502(b)(6) Cap on a Landlord’s Claim for Rejection Damages

 Judge Wilde's, a Bankruptcy Judge Revisits the Rent Cap Calculations allowed a Landlord under Section 502(b)(6) of the Bankruptcy Code. The article can be found at jdsupra at https://www.jdsupra.com/legalnews/sdny-revisits-rent-cap-calculations-a-8004543/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-linkJim Shenwick, Esq.  jshenwick@gmail.com   917 363 3391"We held individuals and businesses with too much debt!"

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Guide to the Foreclosure Process in Pennsylvania

Keeping up with mortgage and loan payments is crucial to avoid foreclosure. If you find yourself in the middle of foreclosure proceedings, an attorney can help you through the process and protect your legal interests. Foreclosure is a legal process by which lenders may seize property or assets if borrowers default on the loan. Although foreclosure is often thought of as a terrible and frightening experience, it takes time to complete, and certain procedures must be followed. First, you should be properly notified of foreclosure proceedings. Next, you must submit an answer to the lender. In some cases, it is possible to cure the default, reinstate the loan, and avoid foreclosure. If this is not the case, foreclosure proceedings may begin, and your property might be sold off to pay for the loan. If you face foreclosure in Pennsylvania, call our Pennsylvania foreclosure defense lawyers at Young, Marr, Mallis & Associates at (215) 701-6519 for a free case review. Why Foreclosure Occurs in Pennsylvania The first thing you should understand in the foreclosure process is why foreclosure happens. If you are a new homeowner, you might have been warned about foreclosure when you mortgaged your house, but the process is somewhat complicated. Our foreclosure defense attorneys can help you fight to keep your home and avoid foreclosure. Foreclosure and bankruptcy are usually tied up in federal law, although various state laws might apply depending on your case. According to federal law 11 C.F.R. § 1024.41(f), foreclosure can only happen under specific circumstances. First, perhaps the most widely known reason that foreclosure can occur is if the borrower is late with their monthly payments. Missing one payment is a problem, but it is insufficient to trigger foreclosure proceedings. Under the same federal law mentioned above, foreclosure cannot begin until a borrower is more than 120 days late with a payment. Often, a borrower will be notified of the foreclosure before the 120 deadline, but the foreclosure actually begins after that. Second, a foreclosure can happen if the borrower violates a due-on-sale clause, also known as an alienation clause. This clause usually requires a borrower to pay the mortgage or loan in full when they sell the property. If you sell the property that secures the mortgage without paying off the full loan, the lender could foreclose the property. Finally, according to federal law, a lender may initiate foreclosure proceedings if another subordinate or superior lender has filed a foreclosure action to seize the property. This can be a complex process because multiple lenders are involved, and you should contact an attorney immediately. How the Foreclosure Process Begins in Pennsylvania The foreclosure process includes several preliminary steps and phases. During this time, our Philadelphia foreclosure defense attorneys can help you figure out what to do in order to protect yourself and whether you can hold on to your home. One of the very first things to happen during the foreclosure process is the notice. Generally, lenders must notify the borrower of their intent to foreclose. As said before, foreclosure for nonpayment can only occur if a borrower is more than 120 days late with a payment. As such, lenders often send foreclosure notices before the 120-day deadline, and the foreclosure officially commences after. The notice might be an Act 6 or Act 91 notice. Each notice has the same effect and puts the borrower on notice of foreclosure, but they apply to different kinds of mortgages or loans. Generally, an Act 6 notice applies to people with conventional mortgages or loans, and Act 91 notices are sent to people with Federal Housing Administration loans or U.S. Department of Agriculture Loans. What Happens After You Have Been Notified of the Foreclosure Process in Pennsylvania Once you receive the notice, talk to an attorney about submitting your answer. Since many borrowers are notified before foreclosure commences, there might be time to catch up on missed payments or work something out with the lender. Our Bensalem foreclosure defense attorneys can help you answer the notice and hopefully prevent foreclosure. Once we send your answer, we can begin working on ways to cure the default or otherwise avoid foreclosure. You might have numerous options to choose from, and our foreclosure defense lawyers can assist you. One possibility in the foreclosure process is to go through mediation with the lender. Mediation allows you to sit down with the lender and try to work out a deal. Foreclosure is not necessarily automatic or required, and the lender might choose to exercise forbearance and hold off on foreclosure proceedings while you cure the default. Other possibilities include modifying the mortgage or loan agreement to make it easier for you to keep up with payments. If the mortgage cannot be altered, you might want to consider refinancing with a new loan. What Happens During Foreclosure Proceedings in Pennsylvania? If the default cannot be cured and time has run out, the lender may move forward with foreclosure proceedings. You might have to go through judicial or nonjudicial foreclosure proceedings, depending on your state. Pennsylvania is a judicial foreclosure state, meaning the process goes through the courts. In judicial foreclosure proceedings, the foreclosure begins with the lender filing a lawsuit against the borrower. As with any lawsuit, numerous documents, forms, and paperwork must be filed to make sure that the correct parties are involved and that the lender has the standing to sue. If you believe the foreclosure is happening unlawfully or the lender does not have proper standing, an attorney can help you contest the foreclosure in court. If your case is unsuccessful, your property may be seized by the lender and sold to pay the debt. Call Our Foreclosure Defense Attorneys for Help Call our Bucks County foreclosure defense attorneys at Young, Marr, Mallis & Associates at (215) 701-6519 for a free case review about your impending foreclosure.

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WE HELP INDIVIDUALS & BUSINESSES WITH TOO MUCH DEBT! PLEASE CLICK THE LINK BELOW TO SCHEDULE A TELEPHONE CALL WITH JIM SHENWICK, ESQ.

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Arizona Bankruptcy Or Offer In Compromise?

Arizona Bankruptcy Or Offer In Compromise? Debt can creep on anyone, no matter the source. But the source of the debt can impact the debtor’s best plan of action in dealing with it. Most people have heard of bankruptcy, and even if they don’t know much about it, at least know that it’s meant to help people struggling with debt. If someone is dealing specifically with debts owed to the IRS, they may have also heard of an offer in compromise. Both options can help someone in Arizona who is struggling to catch up on back taxes. Both have advantages the other doesn’t offer, but come with negative aspects as well. Read on to learn more about filing bankruptcy and an offer in compromise. For your free consultation with one of our Arizona bankruptcy lawyers, call 480-448-9800. Offer In Compromise An offer in compromise is used specifically to address debt owed to the IRS. As the name suggests, it is an offer to the IRS to pay back taxes- usually at a reduced, or compromised, rate. Someone who owes back taxes to the IRS can submit an application for an offer in compromise, and it will be considered based on the applicant’s income, assets, equity, and overall ability to pay. Offers in compromise can either be made in lump sums or installments. Applicants of either type will need to submit a filing fee of $205 with their applications. If applying to pay by lump sum, the applicant should submit 20% of the payment with their application. If applying to pay in installments, the applicant should submit the first proposed payment with their application.  After submitting an offer in compromise, there will be a temporary review period. Unless the applicant meets certain low-income certification guidelines, the applicant should make their payments as proposed in the meantime. If the application is submitted, the IRS may place a lien on the applicant’s property. This lien will be removed when payment for the offer in compromise is made in full.  Bankruptcy There are several types of bankruptcy available to individuals and corporations in Arizona. The most frequently filed type in Arizona is Chapter 7 bankruptcy. Chapter 7 is also what most people envision when they think about bankruptcy. Chapter 13 bankruptcy is the second most popular type of bankruptcy. There are other types of bankruptcy available, such as Chapter 11, but these are typically only used by larger corporations with complex debt structures. When a debtor files any type of bankruptcy, they immediately are covered by what is known as “the automatic stay.” Chapter 7 Bankruptcy Chapter 7 bankruptcy can clear nearly limitless unsecured, nonpriority debts. A debtor must meet certain requirements to file Chapter 7, like income limitations, and waiting periods, and the debtor’s assets might not be protected by Arizona’s bankruptcy exemptions. Chapter 7 bankruptcy will usually take somewhere between 3 and 6 months to complete. The issue with using a Chapter 7 bankruptcy is that it doesn’t discharge all types of tax debts. While tax debts are usually unsecured, there are several factors that could make a debt owed to the IRS a priority debt. Any priority tax debts will remain unscathed by a Chapter 7 bankruptcy discharge. Additionally, the debtor may be bound by bankruptcy waiting periods when the tax debt is old enough to lose priority status.  Chapter 13 Bankruptcy Chapter 13 bankruptcy reorganizes debts into four categories and pays them off in order. The third (and last mandatory) category is priority debt. This is where tax debts that would not be dischargeable in a Chapter 7 bankruptcy would be paid off in the plan. Non-priority tax debts would be paid off last in a Chapter 13 bankruptcy plan. A Chapter 13 payment plan lasts 3 years if the debtor earns less than the state median income, and 5 years if the debtor earns more than that amount. If their disposable monthly income doesn’t allow for unsecured nonpriority debts to be fully paid off in the applicable time period, those debts will be discharged at the successful completion of the payment plan. When Is Tax Debt Priority Debt? The decision between an offer in compromise and filing bankruptcy could hinge on whether or not your tax debt is considered an unsecured priority debt. Tax debt treatment under bankruptcy law is governed by U.S.C. §§ 507(a)(8) and 523(a)(1). The tax debt is unsecured if there is no collateral attached to the debt, and the IRS has not yet placed a lien on the debtor’s property. To be a priority debt, the tax debt needs to meet the following factors: The due date for the tax year, including any extensions, must be at least 3 years prior to the bankruptcy filing date. The tax returns must have been filed at least 2 years prior to the bankruptcy filing date.  The tax debt was assessed at least 240 days prior to the bankruptcy filing date. Not a trust fund tax debt. Taxes on fraudulent returns or from years in which the debtor committed willful tax evasion.  If someone has previously filed bankruptcy, the priority qualifications for their tax debt will be slightly different. The due date for the taxes will be extended from 3 years to 3 years and 90 days. The 240-day rule for tax debt assessment will be increased by 180 days for a total of 420 days.  Which Is Best For My Situation? There isn’t a cookie-cutter answer to the question between an offer in compromise and bankruptcy. Which is best for you could depend on how much debt you have besides tax debt, whether you would file Chapter 7 or Chapter 13, and more. A Phoenix bankruptcy attorney can help you review your situation and which issues could be relevant under both options.  There are a few specific situations where an offer in compromise could be the better option for you because of a specific applicable bankruptcy restriction. For example, bankruptcy can only discharge income taxes. If you owe a different type of tax debt, such as payroll taxes, an offer in compromise can provide relief that wouldn’t be available in bankruptcy.  What Happens If I File Bankruptcy After The IRS Accepts My Offer In Compromise? Bankruptcy nullifies several types of payment contracts, but not offers in compromise made to the IRS. A debtor who has made an offer in compromise to the IRS should continue their payments as planned despite the bankruptcy.  It is important to note that if the debtor has filed an offer in compromise, their tax debt will be treated slightly differently in bankruptcy. The 240-day rule for tax debt assessment will be increased by 30 days to a total of 270 days.  Experienced Bankruptcy Attorneys For Tax Debt Considerations & More If you owe back taxes to the IRS, along with other types of debts to different creditors, you don’t need to jump into bankruptcy or an offer in compromise without careful consideration. Our Arizona bankruptcy team offers free consultations so that you can make your decision fully informed and confident. If you decide to retain, we offer affordable payment plans that start after your case has been filed. To get started with your free consultation, contact us at 480-448-9800.   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 Bankruptcy Or Offer In Compromise? appeared first on My AZ Lawyers.

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Crypto In Bankruptcy: Tax Apocalypse For Celsius Customers?

 Garrett L. Brodeur at Kostelanetz has published a very informative article on crypto and related tax and bankruptcy issues. The article can be found at https://kflaw.com/crypto-in-bankruptcy-tax-apocalypse-for-celsius-customers/The article touches on many important bankruptcy and tax issues related to cryptocurrency in the Celsius case and other crypto cases.  Jim Shenwick, Esq.  917-363-3391  jshenwick@gmail.com 

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How to Stop a Sheriff’s Sale in Bucks County, PA

After receiving notice of a sheriff’s sale, debtors in Bucks County might begin to panic. Instead, take a deep breath and call our lawyers to stop an upcoming sheriff’s sale of your property. In order to stop a sheriff’s sale in Bucks County, you should consider filing for bankruptcy. Once you do, an automatic stay will go into effect, stopping a sheriff’s sale and ensuring your property won’t be auctioned off to the highest bidder. If you file for Chapter 13 bankruptcy in Bucks County, you can protect your assets and satisfy debts through a repayment plan. While Chapter 7 bankruptcy involves liquidation, our attorneys may be able to protect certain assets, like your home or car. Call our lawyers immediately after being notified of an upcoming sheriff’s sale of your property in Bucks County so that they can help you stop it. If you’re facing a sheriff’s sale and need help, reach out to our attorneys. For a free case evaluation with the Bucks County, PA bankruptcy lawyers at Young, Marr, Mallis & Associates, call today at (215) 701-6519. Stopping a Sheriff’s Sale with an Automatic Stay in Bucks County, PA Immediately after being notified of an upcoming sheriff’s sale of your personal property or real estate in Bucks County, contact our attorneys. It’s important to act quickly and work to stop a sheriff’s sale as soon as possible. One way to do that is by filing for bankruptcy and taking advantage of an automatic stay. If you have outstanding debt and haven’t been able to make your payments, you might receive notice of a sheriff’s sale in Bucks County. In a sheriff’s sale, some of your property, like your home, may be auctioned off to satisfy your debts. This is clearly less than ideal, which is why contacting our Pennsylvania bankruptcy lawyers and taking advantage of an automatic stay is important. When you file for bankruptcy in Bucks County, an automatic stay will go into effect. This can put a stop to an impending sheriff’s sale. Essentially, an automatic stay prevents creditors from engaging in any efforts to make you pay your debts. This includes sheriff’s sales to auction off your personal property and real estate. Automatic stays are immediate, giving our attorneys time to determine the best path forward. If you cannot repay your debts to avoid a sheriff’s sale, the best way to address the issue may be to file for bankruptcy in Bucks County. How Can Filing for Bankruptcy Stop a Bucks County, PA Sheriff’s Sale? Filing for bankruptcy can stop a sheriff’s sale in Bucks County once and for all. Although an automatic stay can provide temporary relief for debtors, it doesn’t erase your debts. To accomplish this and avoid a sheriff’s sale, you may have to continue with bankruptcy. The type of bankruptcy you can file for in Bucks County largely depends on your income. Chapter 7 Chapter 7 bankruptcy, also known as liquidation bankruptcy, is for debtors with insufficient income to pay debts through a repayment plan. While Pennsylvania has few liquidation exemptions, it does provide exemptions for some personal property, including clothing and certain books, like religious texts and school books. Pennsylvania does have a wildcard exemption, which you may be able to use to protect your home or car from liquidation in Chapter 7 bankruptcy. Our attorneys can also help you take advantage of federal liquidation exemptions, which can protect certain assets that might otherwise go up for auction at a sheriff’s sale in Bucks County. Chapter 13 By filing for Chapter 13 bankruptcy, debtors in Bucks County can avoid losing their assets through liquidation or a sheriff’s sale. Chapter 13 bankruptcy works through a repayment plan. To qualify, you have to pass a means test and earn enough income to support the requirements of your repayment plan. Once you file for Chapter 13 bankruptcy, an upcoming sheriff’s sale will be stopped. Then, our Philadelphia bankruptcy lawyers will devise a repayment plan based on your income and outstanding debts to creditors. With Chapter 13 bankruptcy, you don’t have to worry about losing your car, home, or other property and can instead satisfy debts to creditors by making regular payments over time. When Should You Call Our Bucks County, PA Lawyers to Stop a Sheriff’s Sale? Once a sheriff’s sale is ordered in Bucks County, debtors have little time to respond and get their affairs in order. Because of this, it is important to contact our attorneys immediately after you are notified of a sheriff’s sale of your property in order to stop it. In Pennsylvania, debtors are given at most a six days-notice of a scheduled sheriff’s sale of their property. Less than a week is not much time to assess your situation and make a plan moving forward. In order to stop a sheriff’s sale that’s six days away, contact our Bucks County, PA bankruptcy lawyers. Our attorneys can assess your financial situation to determine if you can pay off your debts in full to stop a sheriff’s sale. If you cannot do so, filing for bankruptcy may be the best option to stop a sheriff’s sale for good. If you did not contact our attorneys, were unable to stop a sheriff’s sale, and your home was recently auctioned off, can you get it back? If you were using your property as a residence within 90 days of a sheriff’s sale, you might be able to redeem your property within nine months of the sale if you satisfy the necessary requirements. Our attorneys can explain this process so that you understand the likelihood of getting your property back after a sheriff’s sale. Of course, the way to avoid this issue entirely is by notifying our attorneys of an upcoming sheriff’s sale in Bucks County and putting an end to it. Call Our Lawyers About Stopping a Sheriff’s Sale in Bucks County, PA If you need to stop a sheriff’s sale of your property in Bucks County, our attorneys can help. For a free and confidential case evaluation with the Quakertown bankruptcy lawyers at Young, Marr, Mallis & Associates, call today at (215) 701-6519.

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Please click the link to schedule a telephone call with me.

  https://calendly.com/james-shenwick/15min

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How to Stop a Sheriff’s Sale in Philadelphia

Suppose you just received notice of an upcoming sheriff’s sale of your property to satisfy outstanding debt. What should you do? Instead of panicking, call our attorneys to learn how to stop a sheriff’s sale through bankruptcy. One of the easiest ways to stop a sheriff’s sale in Philadelphia is to file for bankruptcy. Once you do, an automatic stay will go into effect, stopping creditors’ debt-collection efforts, including a sheriff’s sale. If you file for Chapter 13 bankruptcy, your property will be unaffected. Depending on your income, you may have to file for Chapter 7 bankruptcy, which involves liquidating certain assets. This is different from a sheriff’s sale in that some assets, like your home, might be protected from liquidation. In order to stop a sheriff’s sale and regain your financial stability, call our lawyers in Philadelphia. We’re here to help debtors in Philadelphia get back on their feet. For a free case evaluation with the Philadelphia bankruptcy lawyers at Young, Marr, Mallis & Associates, call today at (215) 701-6519. How Can Filing for Bankruptcy in Philadelphia Stop a Sheriff’s Sale? If you are in considerable debt and your creditors want payment right away, you might be notified of an impending sheriff’s sale. Stopping a sheriff’s sale is important so that you don’t lose ownership of real estate and personal property and can have a say in how you repay your creditors. But how can you stop a sheriff’s sale in Philadelphia? The answer may be to file for bankruptcy. Automatic Stay When you file for bankruptcy in Philadelphia, an automatic stay will go into effect. This prevents any creditors you have from contacting you for payment and can put a stop to an upcoming sheriff’s sale. Automatic stays are typically immediate unless you have filed for bankruptcy several times in the last few years. Automatics stays can provide immediate relief for debtors, giving them time to work with our Pennsylvania bankruptcy lawyers and devise a plan to move forward. You can typically benefit from an automatic stay and stop a sheriff’s sale as soon as you file for bankruptcy in Philadelphia. Repayment Plan When you file for Chapter 13 bankruptcy, you can stop a sheriff’s sale and retain your assets. Chapter 13 bankruptcy works through a repayment plan. As soon as you file, our Easton, PA bankruptcy lawyers will devise a repayment plan that enables you to pay back creditors according to your income and a payment schedule. In order to be eligible to file for Chapter 13 bankruptcy in Philadelphia, you must pass a means test. Essentially, you have to earn enough income to meet the scheduled payments of your plan. If you’re interested in stopping a sheriff’s sale by filing for Chapter 13 bankruptcy but are unsure if you meet the criteria, reach out to our attorneys for clarification. Stopping a Sheriff’s Sale with Liquidation Bankruptcy in Philadelphia In a sheriff’s sale, Philadelphia law enforcement officials auction off repossessed properties to satisfy debts. When this happens, debtors in Philadelphia might understandably feel as though they have no control over their assets and how they pay back creditors. This is different from liquidation bankruptcy, also known as Chapter 7 bankruptcy which can help you satisfy your debts in Philadelphia. Initially, debtors might think that sheriff’s sales and liquidation bankruptcies are the same. In reality, that’s not the case. When a sheriff’s sale occurs, a debtor’s property may be repossessed and auctioned off. When a debtor chooses to stop a sheriff’s sale and file for Chapter 7 bankruptcy, certain assets will be liquidated to pay back debts to credits. When you choose this route, our Bensalem bankruptcy lawyers can help you retain agency so you are involved in the repayment process. In addition, our attorneys can help you keep certain assets that might otherwise be auctioned off in a sheriff’s sale, such as your home. So, while they might seem similar, sheriff’s sales and liquidation bankruptcies are, in fact, very different. Filing for Chapter 7 bankruptcy can help you keep ownership of certain assets while you satisfy your debts and be a much less violating and emotionally difficult process than a sheriff’s sale. Why Should You Stop a Sheriff’s Sale in Philadelphia? After being notified of an impending sheriff’s sale in Philadelphia, you should contact our attorneys to stop it. If you don’t, you might lose certain assets, like your home. So, act quickly and call our lawyers immediately after learning of an impending sheriff’s sale. You don’t have much time to act after being notified of a sheriff’s sale. Though they may be aware of the possibility sheriff’s sale when a creditor approaches the court, debtors in Pennsylvania are typically only given a six-day notice of an upcoming sheriff’s sale. This isn’t a lot of time for debtors to get their affairs in order or even attempt to pay back outstanding debts that caused a sheriff’s sale. Because of this, it is important to contact our attorneys immediately. A sheriff’s sale might continue if you don’t reach out to our Levittown bankruptcy lawyers right away. When you call our lawyers, we can explain your options. Apart from immediately paying off all of your debts, filing for bankruptcy may be the best way to put an end to a sheriff’s sale. If you don’t act quickly enough and fail to file for bankruptcy immediately, you might lose certain assets which can be protected from liquidation in Chapter 7 bankruptcy using federal exemptions or Pennsylvania’s wildcard exemption, such as your home. This is less than ideal, especially for debtors with families and others relying on them. Contact our attorneys about filing for bankruptcy in Philadelphia to put a stop to a sheriff’s sale and regain your financial stability. Call Our Philadelphia Lawyers About Filing for Bankruptcy Today If you’re facing a sheriff’s sale and need to file for bankruptcy to stop it, our attorneys can help. For a free case evaluation with the Upper Darby bankruptcy lawyers at Young, Marr, Mallis & Associates, call today at (215) 701-6519.

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ADLs & Personal Injury Claims

AD Ls & Personal Injury Claims How Activities Of Daily Living Can Impact Your Injury Award Personal injury claims arise out of a variety of types of accidents. Being in a car accident, slipping and falling in a public establishment, being bitten by someone’s dog, and more can cause substantial injuries that are traumatic and expensive. Serious injuries may cause someone not just to miss work, but be unable to do chores around the house or even manage general personal care. Activities of daily living, or AD Ls, can be used as a benchmark to show how severe an accident victim’s injuries are. Someone who can’t complete their AD Ls essentially becomes dependent on others, which is a situation few wish to endure. Obtaining a fair personal injury award could be crucial for the victim to be self-sufficient and avoid burdening loved ones. Our Arizona injury attorneys can help you do just that. Let us leverage our experience and knowledge of Arizona law to negotiate an award with the insurance company that will let you move on with your life. If necessary, our team is prepared to take your claim all the way to trial. Call to learn more with your free consultation at 480-448-9800. What Are Activities of Daily Living? Activities of daily living are defined as “essential and routine tasks that most young, healthy individuals can perform without assistance.” The term first came about in the 1950s to define daily functional activities like bathing, eating, and more. Someone who can’t perform their AD Ls may need assistance from devices, or they may require assistance from another person. There are six categories of basic activities of daily living: ambulating, continence, dressing, feeding, personal hygiene, and toileting.  Ambulating Ambulating is essentially a more formal term for walking. It can involve moving from one location to another in general, and ambulating without assistance is what is checked for here. Someone whose AD Ls have been negatively affected may need a cane or walker to get around, or may not be able to get out of bed at all.  Continence Continence is one’s ability to control their bladder and bowel functions. It’s easy to imagine how continence issues could make working, running errands, and generally being in public difficult.  Dressing Dressing involves not just putting clothes on but also the ability to pick out appropriate clothes for a situation. For example, someone may have the ability to pull on pajama pants, but not have the mental awareness that they aren’t appropriate to wear to a restaurant or another public place. Feeding This only encompasses the task of eating, chewing, swallowing, digesting, etc., food rather than indirect tasks related to feeding, such as grocery shopping and cooking.  Personal Hygiene If someone becomes physically unable to bathe, they could develop infections and other medical problems. Personal hygiene also includes tasks like brushing one’s teeth, nail cleaning and clipping, and more.  Toileting Continence is the ability to control bodily function surrounding toilet use, but toileting is the ability to get to and from the toilet, use it correctly, and clean it properly.  Instrumental Activities Of Daily Living Obviously, the skills described above are crucial to someone’s quality of life. But those skills alone aren’t truly enough to survive in the modern world, as someone needs to buy groceries to eat, drive to get to the grocery store, and earn an income to afford all of that. Instrumental AD Ls are more complex tasks that are still essential to daily functioning. Instrumental AD Ls may require the use of devices or more complex thought processes than basic AD Ls.  Housecleaning & Home Maintenance This means cleaning up after cooking meals, keeping living areas neat, and other maintenance tasks around the home.  Managing Communication This traditionally means mail and telephone, but can include more modern methods of communication like e-mail as well.  Managing Finances If the bills aren’t paid, the lights won’t stay on, assets could be repossessed, and more. If the person in question has other financial assets, managing those is also considered an instrumental ADL.  Managing Medications This refers to a person’s ability to fill their prescriptions and take them as prescribed. This can become more complicated the more medications that a person is prescribed. Some medications may need to be taken at certain times of the day, only with medication, never with alcohol, and more. A person may need to avoid driving and operating heavy machinery while on their medication as well.  Shopping & Meal Preparation This category involves the more advanced parts of feeding, which is a basic ADL. Cleaning up after the meal is part of the housecleaning and home maintenance instrumental ADL. Someone doesn’t need to be a 5-star chef to be considered capable of completing the instrumental ADL of shopping and meal preparation. They just need to be able to prepare food that is edible and provides at least basic levels of nutrition.  Transportation & Shopping While many people drive to get to the grocery store, someone is capable of completing this instrumental ADL if they walk to a neighborhood market, take public transportation, etc. And just because someone can drive to the grocery store doesn’t necessarily mean they can get from their vehicle to the store, even if to use a store-provided wheelchair. Someone could also struggle with reaching and grasping items on the shelves.  AD Ls & Personal Injury Claims In a personal injury claim, a plaintiff can pursue compensation for economic damages like lost income, lost earning potential, medical bills, and future medical expenses. The plaintiff can also pursue noneconomic damages or those that don’t have a precise numerical value. Oftentimes, all noneconomic damages will be pursued together as pain and suffering. Demonstrating how injuries have impacted an accident victim’s ability to complete AD Ls can be an effective way to render a higher injury award.  Another issue with not being able to complete AD Ls is that it can create extra costs for the accident victim, or cause someone else in their household to take over their responsibilities. An accident victim may need to hire a housekeeper, landscaper, meal delivery service, and more to handle AD Ls that they cannot. The accident victim may have a spouse or family member who needs to take time off of work or otherwise make sacrifices to take care of AD Ls for their loved one.  Your Arizona Personal Injury Team Even if you have been injured in an accident so severely as to impede your ability to complete AD Ls, insurance companies train their employees to pay out as little on these claims as possible. Their adjusters know tactics and maneuvers that can force you into making statements that can damage your claim, which will ultimately reduce your award. One of the best ways to avoid these kinds of traps is by hiring your own injury attorney to act as your legal representative in your claim. Once you hire a personal injury attorney at My AZ Lawyers, they will directly be in charge of all communications with the court and the insurance company. Spend less time stressing about your injury claim and more time resting and recovering. Get started today by evaluating your claim with your free consultation- call 480-448-9800 to schedule your free appointment with one of our experienced personal 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 AD Ls & Personal Injury Claims appeared first on My AZ Lawyers.

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Client Review from Melissa ________ January 29, 2023

 "Jim was a tremendous help in sorting through a complex corporate structure and personal finance situation. Not only did he help with 3 separate bankruptcy filings, but he advised and appeared as needed in state court litigation and kept us calm during a nearly 5 year-long process and a very emotional time.  We are so grateful for his counsel and support and the successful outcomes he achieved for us."