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5 Types of Personal Injury Accidents

Courtesy of William Bronchick, Bronchick Law

Although personal injury is not what we do at Bronchick Law, you may be involved in a situation where you need to retain one. Here is a little insight on the common types of personal injuries:

If you have suffered a bodily injury such as a broken bone, cut or bruise due to the negligent acts of another, you may have a personal injury claim. You are entitled to bring a personal injury lawsuit against the negligent party for monetary compensation for your losses.

By far the most common types of personal injury claims are due to automobile accidents. Other types of accidents that can result in personal injury include:

Automobile accidents (including truck and motorcycle accidents)

Bus accidents

Defective vehicles

Animal Bites

Slip and Fall

More than one person may be responsible for your injuries. Depending upon the circumstances of your accident, an employer of the negligent party may be responsible as well if the person was on the clock at the time of the accident. It is a good idea to contact an experienced Personal Injury Attorney to make sure you get the compensation you deserve for your injuries and pain and suffering.

Corporate Records – What to Keep

Courtesy of  William Bronchick, Bronchick Law

Whether you’ve created a corporation or limited liability company, you must maintain records. Here’s a primer on the basic corporate records you need to maintain. At Bronchick Law we can help you set up and maintain your corporate records!

Corporate Records

When forming a corporation or limited liability company, you are creating an entity independent of yourself. In so doing, this independent entity must take actions for itself, not you. For instance, a corporation will have a corporate bank account through which all revenues and debt payments are handled. As a shareholder, even with a single shareholder entity, you will not pay personal expenses out of the corporate bank account. This concept extends to record keeping.

For the purpose of this article, I am considering both the corporation and limited liability company documents as “corporate records.” Although the records of each entity have different names, they serve the same purpose. For instance, articles of incorporation for a corporation serve the same purpose as Articles of Organization. The following list applies to corporations, but you can apply the list to the limited liability equivalents.

Although each state has different records requirements, all require you to keep the following records.

1. Articles of Incorporation – The charter establishing the existence of the entity with the relevant Secretary of State.

2. Bylaws – The rules of the corporation. Essentially, the bylaws set out how the corporation will be administered from a procedural perspective, the rights of shareholders, how meetings will be called and so on.

3. Board Resolutions – These are resolutions passed by the Board of Directors from time to time, such as defining classes of corporate stock and approving particular courses of action for the business.

4. Minutes of Shareholder Meetings

5. Annual Meeting – Every state requires a corporation to have at least one meeting of the board of directors each year. Keep these in your corporate book.

6. Shareholder Communications – Copies of all communications to shareholders. Most states require you to hold these for three years, but you should keep these permanently to guard against future shareholder lawsuits.

7. Shareholders – A list of shareholders and the shares they own.

8. Annual Report – Most states require you to file an annual or bi-annual report with the Secretary of State. Keep copies of these in your corporate records. Most states provide a pre-printed form.

9. Balance Sheets – Shareholders have the right to inspect the finances of the corporation, although this right has limitations. You need to keep up to date balance sheets.

10. Tax Returns

So, how long should you keep these corporate records? Some attorneys will tell you three or five years. Personally, I believe you should keep them permanently. If a shareholder dispute occurs, you don’t want to testify that you threw away a document. If the business is eventually sold, the buyer is going to want to see all corporate records. Either way, you are better off holding on to all records.

Business Contracts

Courtesy of Willaim Bronchick & Bronchick Law

A business contract is a legal promise made between two or more parties. A contract may be drawn when the associated parties wish to enter into a transaction like buying or selling, performing services, leasing properties, collaborating in joint ventures, advertising, manufacturing, distributing or selling goods, etc. The business contract is considered a surety against cheating by any of the associated parties.

The length of a business contract depends on the number of clauses being mutually agreed upon. It may be of a single page or it may run into a dossier of several pages. Every business contract is legally binding and attracts relevant stamp duties. The general practice is to compose such business agreements in the presence of lawyers of all the parties involved.

The first page of a business contract usually contains the names and addresses of the signatories. A brief description of their jobs can be mentioned along with their names. The date of signing the contract is put up on the first page.

The next part of the contract is called the recitals. This is a very short description of the type of transaction the parties are going to enter into. It is usually no longer than a paragraph. After recitals follow the specifications, in which there is a detailed description of the job the parties are to undertake. This part may run into several pages and it contains a very succinct description of the exact job portfolio. It sometimes contains formulas, diagrams, sketches, and graphs in order to better explain the nature of the job.

Payment comes in the next section. A very clear mention is made of the remuneration that one of the parties is to give to the other. Either the exact figure is mentioned, or at least the determining factors are outlined. If time is extremely relevant in the completion of the job, then the sentence “Time is of the essence” is included. Whatever the conditions regarding the payment may be, they are to be put down in the contract.

Apart from all this, there are several legal points covered. It is written in the contract which state jurisdiction will apply in case of a legal suit. Also, the tenure of the validity of the contract is mentioned.

A business contract is a very delicate matter. It takes several deliberations between the associated parties along with the involvement of their lawyers to reach a final draft. There are sometimes several negotiations and amendments in the agreement until it becomes satisfactory to all concerned. Only after a mutual agreement is the signatures put down on the document. All concerned parties have to preserve a copy of the contract as long as it is valid.

If you have questions regarding real estate law, that is our specialty at Bronchick Law!!

Advice on Claiming Compensation for Accidents at Work

Courtesy of William Bronchick and Bronchick Law

 

Accident and workers compensation cases are not what we handle at Bronchick Law, but here is some information you might find handy if you have an accident at work…

ACCIDENTS IN THE WORKPLACE
If you are involved in an accident at work, it will be necessary for you to show that your injuries were caused by the negligence of your employer. Your employer is also responsible for the actions of work colleagues who cause accidents involving injury. Please remember that you have an obligation to make your employer aware of any accidents, which occur whilst at work. This information should be properly recorded in the Accident Book. Please note, your employer cannot terminate your employment if you make a claim for compensation. If you are in any doubt or concern over this, we recommend that you consult us immediately.

If you are an employer, self-employed or in control of work premises you are required under RIDDOR to report some types of work-related accidents and accident at work, diseases and dangerous occurrences.

Reporting accident at work and ill health at work is a legal requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. The information gathered helps the Local Authority and the Health and Safety Executive (HSE) to identify where and how risks arise and to prevent reoccurrence and prevent further pain and suffering to employees.

You must report all of the following:

A death

A major injury

An over-three-day injury (this is when an employee or self-employed person has an accident at work and is unable to work for over three days, but does not have a major injury);

A work-related disease

A dangerous occurrence

Where a member of the public is taken directly to the hospital.

How Soon Do I Have To Report The Incident?

All time limits for reporting the accident at work vary depending on the severity and the guide below should be followed.

Where the accident has resulted in someone’s death or a major injury we need to be notified immediately.

Over 3-day injuries need to be reported within 10 days.

As soon as possible after the doctor diagnosis a work-related disease.

Dangerous occurrences need to be reported immediately.
Have you suffered an accident at work? If so, you may well be able to claim compensation from your employer’s insurance company.

A work injury can be defined as an accident at work that could have been avoided. And if the work injury were not your fault, you’re entitled to reasonable financial compensation.

Our solicitors, who are all fully qualified members of The Law Society panel of personal injury experts.

We offer free advice on claims for accidents at work including:

Exposure to avoidable health risks causing accidents at work.

Lack of safety equipment causing accidents at work.

Exposure to unnecessary hazards or health risk causing accidents at work.

Faulty machinery causing accidents at work.

Poorly maintained machinery causing the accident at work.

Unsafe working conditions causing accidents at work.

The best thing to do is be safe in your workplace, report anything that could cause harm to your supervisors, and follow all safety rules!