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When You Should File a Mechanic’s Lien

Before you go online looking for instructions on filing a mechanic’s lien, it might help to find out a little more about this special legal remedy. A mechanic’s lien is used primarily in the construction industry and helps service and materials providers to collect their debts. The definition, according to Wikipedia, is as follows:

A mechanics lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property…[I]t is called by various names, including, generically, construction lien. It is also called a materialman’s lien or supplier’s lien when referring to those supplying materials, a laborer’s lien when referring to those supplying labor, and a design professional’s lien when referring to architects or designers who contribute to a work of improvement.”

The Rules for Filing a Mechanic’s Lien

As it turns out, this depends on many factors. Each state has its own set of rules on when a lien can be filed. They also set out who can file a lien. Most of the time, there is a requirement for the parties involved to send a preliminary notice before the project begins for them to qualify for rights to file a lien.

The main rule that holds across the United States no matter what state you’re in is that as long as you have furnished or supplied services, equipment, materials and labor to a project and the property was improved in whatever way as a result of that, then you have a right to file a lien against the property so long as you do it soon after you supply or furnish.

It’s a mouthful, but it makes sense. It’s meant to protect you from clients who do not honor their debts.

But what is the value of the lien? Why should you file a mechanic’s lien at all, and how does it all lead to you getting paid?

Complications May Create Issues

Mechanic’s liens are highly effective and do get you paid quickly. The main reason is that, as soon as you file a lien, many complications arise for the property owner and they, in turn, have to pay you back. The complication that leads you to getting paid depends on the specific situation. Here are some of the complications:

  • The property immediately gets encumbered by your lien, complicating its future sale
  • If the project has a lender, you lien might get priority over that lender’s interest in some property; this is bound to get their attention and they might suspend funding for the project until the lien has been lifted
  • You capture the owner’s attention more effectively
  • Most contracts have a requirement that the property be free of liens; filing a lien leads the owner’s other contracts to get breached
  • More parties will find themselves obligated to pay your debt
  • You get a clearer payment deadline
  • You can be paid in terms of the property
  • People will pay you faster because no one wants to have to deal with a mechanic’s lien
  • These liens are hard to challenge legally
  • A mechanic’s lien puts you at the top of the priority list when the owner files for bankruptcy
  • The mechanic’s lien can freeze the cash flow on the project
  • Mechanic’s lien may lead parties to team up to pay you quickly
  • Lien claims sometimes give you the right to attorney fees and other legal costs
  • The lien will prioritize your debt and escalate the situation
  • The contractor’s bonding ability may be affected by your mechanic’s lien
  • Relationships will be affected by the mechanic’s lien
  • The mechanic’s lien will give you leverage

Tips for Teaching Your Teenager Car Safety

When it comes to your kids, you’ve gone your whole life worrying about this and that. How is their first day of school going to go? What sports are they are going to be good at? What’s their worst subject in school going to be? Then, in the blink of an eye, you wake up one morning and it’s time to take them to go get their driver’s permit. Now you have a whole new world of concerns. Are they really paying attention to you when you’re driving so they can learn how to drive safe? Are they going to wear their seatbelts when you’re not in the car with them?

Having a teen driver in the home is exciting and nerve-wracking at the same time. Now you have someone who you can send to the grocery store and to run errands for you. You can even sleep in a little later in the mornings because there’s no need to take your teen to school – but what about safety?

Sadly, according to the Centers for Disease Control and Prevention, every day six teens ages 16–19 suffer fatal motor vehicle injuries, often due to underestimating the dangerous or hazardous situations on the road. Teens that practice safe driving techniques, and are aware of common risks and dangers, are less likely to be involved in an accident. Parents, following these nine safety tips, can help keep your teen safe on the road.

Make Your Teen Abide by Curfews

If your community has a curfew for teen drivers, make sure to have your child abide by it. In many communities with a teen driving curfew, accidents have been reduced by nearly 70% in these areas.

Provide Your Teen With Plenty of Driving Experience

Studies show the number one contributor to teen crashes is a lack of experience. According to the Insurance Institute for Highway Safety, back in 1993, 82% of crashes resulting in a fatality where a 16-year-old was driving were caused by driving errors. How exactly does this lack of experience come into play? Steering and maneuvering the car is quite simple for teen drivers. It’s the ability to scan the scene, predict danger, and develop maturity in regard to making responsible choices behind the wheel that teens struggle with. It’s because of this that the more experience your teen driver was behind the wheel, the better.

Choose a Car Wisely

A lack of experience magnifies the chances of a crash taking place when you put your teen behind the wheel of a vehicle that already has high crash rates, like a convertible or Jeeps with a roll bar. When choosing a car for your teen, make sure it’s not smaller than a mid-size car and steer clear of convertibles and vehicles with roll bars.

Stick to Daytime Driving in the Beginning

When your teen is first starting to gain experience, make sure they drive during daytime hours. And if possible, limit their driving when it’s raining, but this only applies during the first one to two months of driving. After they have mastered driving during the day when it’s sunny outside, they should then gain experience driving during the dark and when it’s raining. Knowing how to drive in the dark and in the rain is essential to avoiding crashes, but you want to introduce them to this type of driving slowly.

Avoid Interstates and Parkways at First

Most car accidents occur within 25 miles of a person’s home. It is believed that a heightened sense of relaxation when driving through one’s own town and neighborhood contributes to this high percentage of close-to-home accidents. This is why your child should gain as much experience as possible driving in his or her own neighborhood and on routes that the child will commonly travel. In the beginning, though, it’s suggested to avoid interstates and parkways, even if the child will be driving them on a regular basis. Why? Because your teen needs to gain experience driving at normal speeds before driving on high-speed roadways. After a month or two of driving around the neighborhood, and once you think your teen is ready, then you can start letting them gain experience on parkways and interstates where the speed limits tend to be anywhere from 60-70 mph.

You can Suspend Your Teen’s Driving Privileges

Knowing when to put your foot down and suspend your teen’s driving privileges is key to keeping them safe. If your child gets a speeding ticket or you catch them driving (or riding) without a seatbelt, it’s probably best to suspend driving privileges for a period of time. This definitely applies if your child is caught driving under the influence of alcohol or drugs. Just the same as there can be legal consequences for these issues, there should also be consequences to you. From the get-go, you want to set the tone that you will not tolerate immature choices behind the wheel from your teen driver.

Know When to Say No

If it’s becoming a blizzard or monsoon outside, it’s best to tell your teen he or she can’t drive. Driving on extremely wet, snowy, or icy roads is an accident waiting to happen. Not only should your teen not be allowed to drive dangerous roadways but you should do your best to avoid them too.

Take Advantage of Extra Driving Courses

If you feel your teen needs more training and learning, you can always sign them up for extra driver’s lessons. For some people, adults and teens alike, learning to drive can be a bit difficult and there’s nothing wrong with this as long as you address the issue properly. Extra driving courses can be the key to teaching your teen how to be safe behind the wheel.

Have a Car Accident Lawyer On Speed Dial

Lastly, since car accidents are high in number for teen drivers, you’ll want to have a car accident lawyer on speed dial. If your teen has been involved in an accident, make sure he or she knows to never claim fault. Seeking medical attention and contacting the police to have an accident report made are the only two things your teen needs to do after an accident has taken place. You as the parent, though, need to make sure you contact a car accident attorney to handle the legalities of the wreck and to ensure your teen is compensated for any damages and medical expenses that were caused by another driver.

What To Do When Medical Malpractice Leads To Wrongful Death

surgical tray

We can’t deny the fact that death is inevitable for every human being. A time comes when you have to die and there is nothing you can do about it. However, for some people, this might happen before their time is up due to someone else’s fault. One of the most heartbreaking experiences any person or family can encounter is losing their loved one.

The death could be particularly disturbing if the death occurred as a result of medical malpractice such a mistake made by a trained and experienced medical professional such as an anesthesiologist, nurse, surgeon, or doctor. Sometimes, the error can also be made by a medical facility such as a surgical center, hospital, or doctor’s office. Keep in mind that people trust the lives of their loved ones to these medical facilities and medical professionals. They expect these experts to provide proper medical care that can save the lives of their loved ones and not vice versa.

When this trust is broken as a result of wrongful death from medical malpractice, the family of the deceased expects comprehensive answers and compensation. This is the primary reason why we have wrongful death claims to protect the dependents of the deceased. Any individual who files a wrongful death case must prove that indeed there was medical negligence that led to the death of the patient.

What Constitutes a Medical Malpractice?

In simple terms, medical malpractice can be defined as a deviation from the established international standards of medical care that causes a patient to suffer more or die. The international standards of medical care refer to the type and level of care that any skilled and competent health care professional with proper training in the medical field is expected to provide under certain circumstances.

Typically in medical malpractice that led to death lawsuit, it is the testimony of another qualified and competent medical expert related to that particular instance of malpractice that will help to determine what the standard medical care should be. Some of the common medical malpractices include:

  • Surgical errors
  • Misdiagnosis or failure to diagnose
  • Delayed treatment
  • Nursing home abuse by healthcare providers
  • Birth injuries
  • Medication errors

Understanding Wrongful Death

Wrongful death has a broader meaning in legal perspective than just medical malpractice. Wrongful death can be defined as carelessness, neglect, or any wrongful act of one person that leads to the death of another person. Medical malpractice specifically addresses the cases of medical negligence. However, it is good to mention that wrongful death can result from a wide range of other circumstances and not just medical negligence alone.

It’s also essential to understand that family immunity is practiced in most states. Family immunity means that two siblings can’t sue each other for wrongful death. The wrongful death cases in the United States are strictly governed by the state laws.

In a wrongful death case, compensation is usually sought by the heir or family member of the deceased individual. The complainant will imply that their loved one died lost their lives due to medical malpractice that could have been prevented. To prove the wrongful death case, the complainant must establish a connection between the medical negligence and the cause of death.

This requirement usually creates challenges for cases that involve the elderly or patients with complicated underlying medical conditions. In most cases, an autopsy may not be carried out, but instead, the opinion is left to the doctor who treated the patient. Although this scenario may create challenges in proving the wrongful death case, a knowledgeable medical malpractice lawyer who has a strong medical background can easily prove the connection that is needed.

Wrongful death cases that occurred as a result of medical negligence can be hard to deal with especially those cases that involve the death of a newborn or the elderly. Therefore, it is critical to do a lot of research when choosing your wrongful death attorney. Make sure that the attorney you choose to work with is familiar with all the rules surrounding wrongful death claims.

Who Can File a Wrongful Death Lawsuit on Behalf of the Deceased?

The person who will end up filing a wrongful death lawsuit on behalf of the deceased will often be the deceased person’s closest surviving relative such as a parent, spouse, or child. In most cases, the person filing the lawsuit will also be the administrator of the deceased’s estate if (s)he had one.

In most cases, the family of the deceased will not get into disputes when selecting who should act on behalf of the deceased, but in some cases, the family may disagree when choosing who will be the official representative of the deceased person’s estate. Remember the fact that it is the administrator of the estate who will have all the legal authority file, control, and settle the wrongful death lawsuit.

Types of Damages That Can Be Claimed in a Wrongful Death Case

The damages that are allowed in a wrongful death case tend to differ from state to state. Medical malpractices negligence generally consists of medical expenses, disability, lost wages, or other punitive damages. However, the damages claimed in a wrongful death case may either differ or will be an addition to the commonly sought damages in medical malpractice cases. These include:

  • Loss of financial support
  • Pain and suffering
  • Funeral/burial expenses
  • Lost employment benefits
  • Loss of parental guidance and nurturing which is allowed for the children of the deceased
  • Loss of companionship, love and comfort

How to Get Help after Wrongful Death

Losing your loved one is never easy. We all want to see our loved ones healthy and living their full lives but that may not be the case when a case of medical negligence is involved. If your family is suffering from the untimely death of a loved one whose death could be prevented, you don’t have to keep quiet and suffer.

The wrongful death attorneys at Raphaelson & Levine Law Firm can help you determine if you have a valid case that is eligible to recover through a lawsuit. Don’t let medical negligence prevail in disintegrating your family. Go out and seek justice on behalf of your loved one.

Anti-Cliché Blog Topics for Lawyers

Updated Sept. 14, 2022

You’ve got yourself a website. You’ve got yourself a blog. You’ve committed to dedicating time to blogging, but as an attorney you don’t know what the hell to write about that anyone would want to read. You’re in the right spot. Many similar articles present a cliché laundry list of legal blog topics that an attorney could about.

Before you read those basic-ass articles, this is the precursor citation that you should read before typing the first word. Think of this as guidance for you to help steer your efforts in writing legal content for the purposes of increasing traffic, earning backlinks and getting new clients.

Before we discuss what you should write, we should first explore how to research what to write to attract traffic and potential clients. This is known as the top-of-the-funnel, what are people researching before they become your potential client. After all, you don’t want to spend a bunch of time writing for topics no one is searching. Guess how you landed on this article…

What Legal Blogging Topics Are People Searching That I Can Write About?

In order to help guide your potential client to you, you first need to get into their brain and discover what they’re searching. You can use a couple tools for this:

  • Wordtracker is a straightforward keyword research tool that allows 10 free keyword/phrase searches without the need to log in or set up a password. Wordtracker can help tell you if a topic or phrase is worth pursuing and suggest other phrases with higher search volume.
  • Keywords Everywhere is a plugin/extension for your Google Chrome or Firefox browser. This software helps suggest high volume search topics right in Google search results based on what you’re searching, and high lights how many monthly searches there are.
  • Google Trends is the wildcard. While this doesn’t provide as much keyword specific information, it does show you the popularity of a given topic or search phrase has had over time on Google. This is good for broad topic oriented blogs, or can help you with a place to start your research. Unfortunately the more a topic is searched, generally the more competition for rankings & traffic.

Google Doesn’t Care How Often You Post

Most SEO agencies will tell you that you have to constantly publish to earn credibility with Google. While there is a some truth in that (research “topical relevance”), in September 2022 Google confirmed that they really don’t care how frequently you publish new content. The things that matter most is that it’s high-quality content, linked from other relevant pages of your website, on a credible & authoritative website.

Who is the Audience for a Lawyer’s Blog?

Most consumer attorneys tend to think that their entire audience are the potential clients who will hire them. While that’s probably mostly true, an attorney’s total audience actually consists of the following:

  • Potential clients
  • Attorneys or judges
  • Potential citation sources (backlinks from content creators)
  • Journalists researching a story
  • Professors and students

I’ve had many clients say that when they need to read a quick Penal Code they do a Google search and look for a particular attorney’s website because it’s always accurate; I’ve also had attorneys tell me that a judge emailed or called them to discuss a blog they had written. While writing your blogs, think of who you want to be the reader of a particular article. If you’re trying to attract referrals from fellow lawyers or judges, you should be blogging on topics and in a manner that would attract that traffic and ranking. If referrals from other lawyers is a big part of your business, own it and write for it.

One way attorneys ALWAYS drop the ball is failing to write blogs designed specifically for citation sources – that is, content that is designed for creators & bloggers to find and link to from an article that they’re writing. This is often referred to as “link bait”, but it really just refers to a well written, well titled and authoritative blog. If you’re a criminal defense lawyer and write a well researched article about what to do if you’re pulled over for DUI, you cite other authoritative websites, credible statistics and some general “dos and don’ts”, this should be considered an article written to attract a citation source. Think about it… will a person who was just arrested for DUI need to know about what to do if they’re pulled over and arrested on suspicion of DUI? No, they’re past that part of the funnel. That article should actually be written to cater to a content creator who’s writing an article about the rights of an individual who’s being pulled over for a DUI. It may sound like a subtle difference, but it can actually make the difference in earning an editorial backlink from the Huffington Post, LA Times, Washington Post, etc.

Knowing who to write for is just as critical as knowing what to write.

What Legal Topics Get Good Traffic for a Law Firm’s Blog?

We see a lot of attorneys blogging about recent, local news or incidents that are relevant to their practice. However, it often attracts traffic that are mostly people seeking more information or facts about the incident, usually not potential clients. Here are 5 legal topics any attorney can blog about that will get traffic and attention from potential link sources & potential clients:

1. “How To” Legal Guides

It may sound counter intuitive, but often times people have grand ideas about doing something themselves until they learn the complexities involved and effort required. If they read your article, and you’ve linked to your relevant internal practice pages chances are good you’ll not only scoop up some of these clients who have verified legal issues, but you might earn a few backlinks from other sources in the process. Examples might be: “How to file for bankruptcy”, “How to apply for an expungement”, or “How to write an air tight contract”. It goes without saying you should have a good disclaimer regarding legal advice in the Footer of your website, and may want to repeat in within the article.

2. Answer Specific Legal Questions

The rise of voice search means that people are asking Google and Alexa legal questions more often. Also, what better place to turn than to the Internet to get questions about legal problems answered. If your blog post asks and answers a legal question in a fairly concise manner you’ll get traffic, however you may not see the number of “conversions” from this type of content you’d want – after all, you are answering their question. Make sure to implement a methodology to not provide legal advice, while simultaneously prompting the reader to call you to discuss the matter further. Here’s some more info about voice search for lawyers where I was quoted.

3. Top 5 Lists

Top anything lists really. These are easy to share, and easy to read articles on the things your potential client is interested in learning about regarding their legal matter. As an experienced lawyer, you can probably easily assemble the top 3, 4 or 5 things that clients mess up when doing something themselves. These tend to attract traffic from people who are trying to do something themselves, but are trying to avoid messing it up. For instance: “Top 5 Ways your Workers’ Comp Claim Can be Denied”, “Top 3 Reasons People Fire Their Divorce Lawyers”, “Top 3 Ways to Save Your Driver’s License After a DUI”.

4. Case or Decision Analysis

No matter where you are, there’s probably a case or legal decision you can comment on and discuss for your audience. If there’s a notable case where the police department, DA or judge botched something or made an incredible decision that deserves attention you should consider writing about it. Content like this often gets links from other attorney’s blogs or legal websites.

5. How Does a Specific Law Impact Your Case?

Regardless of what type of lawyer you are, there’s always at least a handful of specific laws, penal codes, civil codes or regulations that will impact the majority of your client’s cases. My suggestion is to write a long-form article on those specific laws one at a time. Why? If those laws are often impactful to your client, they may have already learned that those laws may impact their case. Now is your opportunity to have content available when they search for more information about that law.

Don’t Compete With Other Pages of Your Website

A lot of attorneys who blog themselves often think that if they constantly write more content about one or two of their focus areas of practice it will be helpful. In fact, you may be killing your website. I’ve had one client who had hired a content writer and had him publish nearly 100 articles within a year about “car accident lawyer” topics in his city. This is a concept known as “cannibalization”. Yoast has a great article on keyphrase cannibalization going into the details, but you should focus your efforts on writing unique supporting articles about what you do, how you do it, unique circumstances or cases you’ve experienced, and common answers to questions about your practice that some one may be at home researching.

Why Does Any of This Matter?

The lifeblood of the Google Algorithm is still good content + quality backlinks. If you write good quality content, other websites will often link to your article as a reference on their own. Great content = backlinks = visibility = traffic = leads!

DUI, Wet Reckless, Dry Reckless

Every state has a law against driving while under the influence of alcohol. However, the specifics of each states’ laws vary. For instance, in California, driving under the influence (DUI) and driving while intoxicated (DWI) is the same thing, but the law only uses the term DUI. This is different from other states where DWI’s might be a more serious charge and indicate a higher blood alcohol level.

If you have been charged with a DUI in California, another term you might have heard of is a “wet reckless.” No one can actually be stopped for or charged with a wet reckless. Instead, California has created this charge specifically to encourage people charged with a DUI to agree to a plea bargain rather than fighting their case in court. You might also have heard of a “dry reckless.” Each of these charges offers benefits over being convicted of a DUI.

In some cases, a person might benefit from pleading guilty to one of these charges. Whether you can lower your charges to a wet or dry reckless will depend on the specifics of your case.

What is the benefit of pleading to a “wet reckless” rather than a DUI?

Being convicted of a DUI will result in a mandatory suspension of your driver’s license, fees, probation, and potentially jail time. Pleading down to a wet reckless means you will not face a mandatory license suspension. A wet reckless indicates that the driver was driving recklessly, and that alcohol was involved. This does not necessarily mean you will avoid a license suspension since this decision is ultimately that of the Department of Motor Vehicles (DMV), but it does make it possible to avoid the suspension. Other benefits include decreased probation and jail time. While you can still a face jail time or probation, you can cut months from your jail time, and years from your probation by taking the plea.

There are limits to how much a wet reckless will benefit a person. For one thing, if you get another DUI, your wet reckless will be treated like a DUI for the purposes of imposing a harsher sentence for the repeat offenses. Additionally, your car insurance might not treat the wet reckless any differently than they would treat a DUI.

What is a “dry reckless?”

A dry reckless is similar to a wet reckless in that it is a lesser charge than a DUI, and that it does not involve a mandatory license suspension and can reduce fines, jail time and the length of a person’s probation. A dry reckless is preferable though because it is not an offense that increases in penalties if the person is a repeat offender. Also, insurance companies tend to treat dry reckless charges less harshly.

How can I plead down to one of these charges?

A wet reckless plea might be granted in cases where the BAC is near the legal limit of .08%, or where the case against you is not that strong. You are less likely to be able to plead down if you are a repeat offender. A prosecutor is less likely to accept a plea of a dry reckless. You might be able to plead down to a dry reckless if your BAC was not particularly high, and if the prosecution’s case is less than perfect. Your defense attorney will try to negotiate the best deal on your behalf. If you have been charged with a DUI, contact Milligan, Beswick, Levine & Knox LLP today at 909-798-3300 for a free consultation.

What to Do If You’re Involved in a Pedestrian Accident

You are crossing the street, and out of the blue, you hear screaming brakes, and you hear a thud. Your body is flung forward, and you land with a painful crunch. At that moment your mind is racing.

Your body has released a flood of adrenaline into your system, and you are simultaneously furious and terrified. You’re not sure if the driver was drunk or just not paying attention. You feel confused, overwhelmed, and unsteady. You manage to sit up and thankfully, you are not seriously injured. So, what do you do next? In the article below, a pedestrian accident seattle attorney reveals the 5 crucial steps you’ll need to take.

Remain Calm

Immediately after impact, most people get into a fit of rage against the driver of the vehicle. They may start shouting at them and perhaps even crying at the same time. This commotion creates confusion and can escalate into a brawl, both of which will not help the situation.

Although your emotions will be on edge and you will be fighting feelings of anger and fear, try and remain calm. Examine yourself to make sure you can move and move out of the street and onto the sidewalk. Make sure to ask the driver to remain in place as well if they have not fled the scene of the accident.

Call the Police

Once you are off the street, call 911. In pedestrian accidents, a police report is the only evidence that will give you a persuasive case. Even if you feel okay, do not leave until the police arrive. If you do, the accident will become inadmissible to the police, and you will lose your chance at a compelling case.

Once the police arrive, give them your statement as slowly and calmly as possible. Try not to get emotional and shout as this may result in mistakes in the police statement. If possible, ask the police officer to go over the statement with you after you finish giving it.

Document as Much as You Can

Before leaving the scene, try and document the details of the accident. Take pictures of the car that hit you, your bike (if you were cycling), traffic signs, the street condition, etc. Although most of this “evidence” will not be used, some of it may prove useful when filing a claim with the insurance company.

Get Medical Attention

In such a situation, adrenaline and other hormones may blunt pain, and you may feel okay. Once you finish giving your police statement, immediately go for a medical checkup. Things like bone fractures may not be easy to identify and may need an X-ray.

Once it is clear you have no physical injuries, consider seeing a psychologist for a mental evaluation. Most motor accident victims get PTSD (Post Traumatic Stress Disorder), so it is important to get treatment for this if present.

Call a Pedestrian Accident Lawyer

Finally, seek the help of a pedestrian accident Seattle lawyer. While you can file a claim yourself and you will possibly get a payout, chances are you will get less than if a lawyer represents you. The reason is simple.

When you file the claim yourself, the insurance company, which has a massive legal team and other resources, will employ all these tools to pay you as little as possible. Having legal representation on your side can help balance this out.

Getting into an accident can be a life-altering event. If you are fortunate and do not get seriously injured, you can move on with your life relatively quickly. If you were badly injured, you would need substantial financial compensation to help adjust to the new state of your life. Following the steps laid out here can help make sure you do not come out of the situation empty-handed.