Law Office Of Joseph Onwuteaka, P.C.Law Office Of Joseph Onwuteaka, P.C.2024-01-18T15:45:35Zhttps://www.lawaction.com/feed/atom/WordPress/wp-content/uploads/sites/1203307/2022/11/cropped-site-icon-32x32.jpgOn Behalf of Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=469882024-01-18T15:45:35Z2024-01-18T15:45:35ZUninsured and underinsured drivers
One of the most common reasons that people must take legal action after a wreck is that the party at fault for the crash doesn't have proper insurance. They either lack coverage or only have the baseline insurance required under Texas law.
Uninsured drivers may have canceled their policy or failed to pay their monthly invoice. Regardless of why they have fallen behind on their premiums, they cannot provide the coverage that people require after a crash and could therefore end up facing a lawsuit. Underinsured drivers technically have policies but don't have enough coverage to reimburse those injured in a crash. $25,000 isn't enough to replace a vehicle, and $30,000 could fall far short of covering someone's medical expenses.
Catastrophic losses
Drivers do have the option of investing in extra coverage to protect themselves from litigation after a crash. However, even a six-figure insurance policy may not be enough if a collision causes a brain injury, amputation, spinal cord injury or death. Those coping with career-altering injuries or the sudden death of a loved one may have losses that exceed even the most generous liability insurance policy. Particularly when the other driver did something clearly unsafe or illegal, taking the matter to civil court may be the only means of securing justice for the incident.
Recognizing that litigation is sometimes necessary after a car crash might help people more effectively pursue justice for the harm caused by someone else.]]>On Behalf of Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=469862023-10-09T16:27:08Z2023-10-09T16:27:08ZTexas statutes covering dog bites and dangerous breeds
The Texas Health and Safety Code has dog attack statutes. Canine attacks are placed in two categories. Those include bodily injury that results in pain and serious bodily injury, including severe wounds from bites or more serious ripping and tearing of muscle that requires treatment from a medical professional, leading to hospitalization.
Texas' "one-bite" law contains a dangerous dog statute, limiting the animal to a single bite and attack. However, it does account for the owner's negligence, including walking the dog without a leash or failing to contain the animal on their property.
Certain breeds are primarily responsible for potentially deadly bites and maulings. Should an attack occur within Texas, the animal is marked, and the owner is put on notice. In some scenarios, owners are encouraged to keep the animal tied up or surrounded by a fence.
However, the Lonestar state prohibits municipalities from enacting bans against specific breeds.
Insurance company standards
Many homeowner insurance companies have different standards, rejecting applications for dangerous dogs – specifically Pitbulls and Rottweilers – with a vicious history. Those who own dogs considered dangerous must keep the dog contained behind a fence. Should the dog get away from the owner or the property, euthanizing the animal is a strong possibility.
Pet ownership has been shown to be beneficial to the well-being of their human owners. Additionally, emotional support animals continue to grow in their prominence. However, a certain category of canines can create catastrophe that results in severe physical and emotional trauma.]]>On Behalf of Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=469852023-07-23T23:47:41Z2023-07-23T23:47:41ZCan you sue if you fell outside?
Premises liability may be the key to the claim that you file. This is true even if your fall happened outside the store. Poor lighting, inadequate signage, slippery ice, or cracked paving may have been the culprit. Regardless of the cause, you have the right to file a claim.
This is also true if your accident should occur inside the store. The owner must ensure that the conditions inside are as safe as possible. This means making sure that wet floors are taken care of right away. Signage should be posted to alert passersby of any hazards. Workers should be assigned to clear up and remove these dangers.
Injuries that involve slips and falls are a major percentage of all injuries that occur in public places. The store owner should have an insurance policy to cover the claims made by customers. Since this is the case, they should not hesitate to pay out what they owe you. If they refuse, you can hit them with a claim.
Liability is not contingent on your entry
The use of premises liability is, for many claimants, the best way to prove fault. You are not required to have purchased anything from the store before your accident. There is no contractual obligation to do so when you enter.
The mere fact that you fell on the premises may be enough to call the owner's liability into effect. You are entitled to file a claim if you had to go to a doctor or to the hospital after your fall.]]>On Behalf of Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=469752023-04-20T21:22:41Z2023-04-20T21:22:41ZIncreased risky behavior
One of the reasons for the rise in traffic fatalities from motor vehicle accidents is the increase in risky behavior on the road. This includes speeding, driving under the influence of drugs or alcohol and distracted driving.
Lack of seat belt usage
Despite widespread knowledge of the importance of seat belt usage, many people still fail to wear them while driving or riding in a vehicle. For example, the NHTSA reports that half of all passenger vehicle occupants killed in crashes in 2021 were not wearing seat belts at the time of the crash.
Increase in pedestrian and cyclist fatalities
Another concerning trend is the increase in pedestrian and cyclist fatalities. In 2021, there were 7,485 pedestrian deaths, while cyclist deaths also continued to climb from the previous year.
Aging infrastructure
The aging infrastructure of the United States, including roads, bridges and tunnels, may also contribute to the rise in traffic fatalities. Poor road conditions and outdated design can lead to accidents and deaths, particularly in areas with heavy traffic volumes.
Addressing the issue
To address the issue of traffic fatalities, it is vital to take a comprehensive approach that includes managing risky behavior on the road, promoting seat belt usage, conducting valuable infrastructure maintenance and implementing measures to support pedestrian and cyclist safety. This may involve increased enforcement of traffic laws, public awareness campaigns and government investment in infrastructure projects.
Furthermore, continued research and development of vehicle safety technology can help reduce accident risk and fatalities on the road. This includes advancements in autonomous driving technology, improved crash protection systems and integration of safety features such as blind spot detection and lane departure warnings.
Tackling a worrying trend
The rise in traffic fatalities in 2021 is a concerning trend that highlights the need for further efforts to promote safe driving and reduce risky behavior on the road. However, by taking a comprehensive approach that includes contributions from motorists, pedestrians, law enforcement and policymakers, traffic fatalities can start to decline again.]]>On Behalf of Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=469742023-01-14T23:10:19Z2023-01-14T23:10:19ZTalking to the owner
Unfortunately, the dog’s owner may be unpredictable after a bite. Some may feel embarrassed, some may try to get away, and others may get angry.
Get the owner’s information and ask about the dog’s vaccination record if you can. If it is not safe to talk to the owner, try to make a note of what they look like and the location of the incident.
Seeking medical attention
A dog bite can range from a minor scrape to a serious wound. While some bites may not need medical care, if you do not know the dog’s vaccination record, it is better to seek medical attention immediately if there is an open wound. You should also seek medical care in the following circumstances:
Large or deep wounds
Wounds on vulnerable areas such as your head or neck
Profuse bleeding
Extreme pain
One of the challenges with dog bites is that you may not see symptoms of a disease like rabies until it is too late for treatment, so it is essential to get treatment right away.
You should be careful when you are meeting a new or strange dog. While many dogs are friendly, some may become reactive and dangerous when stressed or uncomfortable.]]>On Behalf of Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=469712023-01-11T23:51:21Z2023-01-11T23:51:21Ztragedies occur.
Lighting, security cameras and staff
A few factors come into play in negligent security situations. All of them can be corrected if the property owner places public safety at the forefront. Here are some issues that contribute to negligent security:
Poor lighting:Parking ramps, hallways, stairwells, and hotel lobbies and corridors with inefficient lighting provide effective cover for criminals. Bright and evenly distributed lighting is among the most important things to secure safety. Lighting eliminates hiding places in the shadows, where criminals bent on trouble await.
Limited or inoperable security cameras: Efficient number of security cameras must be in place throughout the property, and these devices must work. Live monitoring from security staff or from software that alerts officials of potential trouble is essential.
Lack of security staff: On-site security staff represent a deterrent for any criminal set on committing an attack. In addition, property owners must invest in security staff who have effective training. The staff may be employees or from third-party contractors. Frequent patrolling by security guards on foot or by slow-moving vehicles in parking lots is important, too.
Unsecured windows and doors: Assailants look for opportunities. They may find windows and doors that are not locked or easily forced open at hotels, office buildings and apartment complexes.
Responsible property owners and landlords should ensure that none of these issues surface on their premises. Providing a safe and secure environment is critical.
Staying alert
An assault can leave victims with severe and debilitating injuries. Physically, they may recover after a few months, but mentally, the memories of an attack may stay with them forever. Always stay alert when entering certain properties.]]> The Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=463452023-01-09T16:31:47Z2021-06-21T05:00:00ZTexas personal injury attorney, I can review and investigate your situation and explore your available legal options to seek compensation. I can fight on your side to protect your legal rights and help pursue justice for your injuries. My firm proudly serves clients across Houston, Harris County, Texas, and the surrounding areas.
Common Mistakes You Can Avoid After a Car Accident
The moments following a car accident can be confusing to sort through. You can possibly hurt your case by what you do or what you fail to do. When involved in a traffic accident, here are some common mistakes to avoid:
Seek Medical Help Immediately
The first thing to do following a crash is to get immediate medical treatment for any injuries. Call 911 to get emergency medical assistance for injuries to yourself or other victims. A doctor can assess your condition, provide adequate treatment, and help avoid potential complications. A qualified physician can determine the full magnitude of your injuries and ensure that things are well-documented in your medical report.
Never Admit Guilt
When involved in a car accident, you can cooperate with law enforcement by providing them with accurate details of the events that occurred, but you should never admit that you were responsible for the accident. Admitting guilt puts you at risk of having an injury claim or lawsuit filed against you.
Do Not Wait Too Long to File a Claim
Another common mistake often made by accident victims is waiting too long before filing an injury claim. If you delay, you may exceed the Texas car accident statute of limitations. If this happens, you will be barred from seeking damages. As time passes, you may also forget important details or lose relevant documentation.
Always Call the Police While at the Scene
According to Texas Transportation Code Section 601.004, motor-vehicle operators are required to report any traffic accident that results in an injury, death, or property damage in excess of $1,000. If you report the collision to law enforcement, an officer will file a report. You may obtain copies of the police report to pursue your injury claims.
Gather As Much Evidence As Possible
To pursue an injury claim, you will need as much evidence as possible. It is important that you obtain relevant information and necessary documentation after the accident. Obtain police reports, witness statements and testimonies, and accident scene photos.
Speaking to Insurance Companies
Giving a recorded statement to the insurance provider or their adjuster before consulting with your legal counsel is not advisable and can jeopardize your injury claim. During your conversation, you may inadvertently leave out some crucial information about the car accident. The claims adjuster may take your statements out of context and use them to discredit your claim or ask contradictory questions to create inconsistency.
Never Accept the First Settlement Offer
According to a personal injury study by Martindale-Nolo Research, claimants who accepted the insurance company's first offer received settlements that were, on average, $30,700 lower than those received by plaintiffs who held out for a better deal. Some insurance providers use bad faith tactics such as offering low-ball first settlement offers. If the insurance company offers you a settlement offer that is significantly lower than the actual worth of your injury claim, you should not accept it.
Hire a Personal Injury Attorney Immediately
Dealing with an insurance provider after a car accident can be really frustrating. Hiring an experienced personal injury attorney is important to help you file injury claims or negotiate a fair financial settlement with insurance companies.
Put My Experience On Your Side
Being involved in a car accident can be overwhelming and affect you physically, financially, and emotionally. You don't have to face these challenges all alone. When injured in a traffic crash, you need to act quickly and hire an experienced personal injury attorney to advocate for your legal rights and help you avoid costly mistakes when pursuing rightful compensation for your injuries.
At the [nap_names id="FIRM-NAME-1"], I have devoted my career to handling personal injury cases and protecting the rights of car accident victims. As your legal counsel, I will evaluate all the facts of your case and conduct a comprehensive, private investigation. I will gather all relevant information, work to prove fault, and estimate case value. Using my extensive experience, I will fight to protect your rights and help negotiate a fair settlement with the insurance company.
Contact my firm — the [nap_names id="FIRM-NAME-1"] — today to schedule a free one-on-one consultation. I can offer you the knowledgeable legal counsel, support, and representation you need to seek fair financial compensation for your injuries, property damage, and any additional pain and suffering. My firm proudly represents car accident victims and their families across Houston, Harris County, Texas, and the surrounding areas.]]> The Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=463522022-11-07T10:59:32Z2021-05-25T05:00:00ZThe IRS Collection Process
The IRS collection process involves a series of actions that the tax authority can take to recover past-due taxes if you fail to pay them voluntarily and on time. The collection process starts when a taxpayer receives a bill stating the amount owed in back taxes, including penalties and interest owed. You will continue receiving a bill unless any of the following happens:
You repay your past-due taxes in-full
You satisfy your accounts
The collection period expires and the IRS becomes unable to recover back taxes legally
First Notice (Bill)
The first notice (or bill) that you will receive is a letter clarifying your outstanding balance, available payment options, and the due date. The bill will also show any interest and penalties accumulated during that time period.
Payment Plan
If, as a taxpayer, you are unable to pay your back taxes in full immediately, you may be eligible for a short-term or long-term payment plan.
Final Bill
You will receive a final bill if:
You fail to pay the past-due taxes using the payment plan
You decide not to reach out to the IRS or respond to the notification.
If you ignore the final bill, the IRS is within its rights to take additional action to collect the back taxes you owe.
What Collection Actions Can the IRS Take?
If you fail to pay your back taxes voluntarily and on time, the IRS can recover their money through any of the following collection methods:
Federal tax liens
Offsetting future refunds
Notice of intent to levy
Seizure of your assets and property
Denial of passport renewal
What Payment Options Do I Have?
If you owe the IRS more than you can afford to pay in past-due taxes, you do have a few different payment options that can ease the burden of repayment. A few of the possible options to seek tax relief include:
Payment Plans
Taxpayers who can’t make full payments immediately may be given extra time to pay the balance. Depending on the amount owed in back taxes, you can choose between a short-term or a long-term payment plan.
Short-term Payment Plan: A short-term payment plan is available for taxpayers who owe less than $100,000 in combined taxes, interest, and penalties. This plan is designed to last for 120 days or less.
Long-term Payment Plan: A long-term payment plan, also referred to as the Direct Debit Installment Agreement (DDIA), gives a taxpayer more than 120 days to pay the balance. The plan is available for taxpayers who owe $50,000 or less in combined taxes, interest, and penalties.
Offer in Compromise
An offer in compromise (OIC) is an agreement between a taxpayer and the IRS that allows the taxpayer to offset their tax debt by paying less than the full amount owed. It involves paying an agreed-upon reduced sum. This may be a legitimate option if you owe more than you can pay or if paying the full tax liability puts you in financial hardship.
Delay Collection Efforts
If paying your full tax liability makes it difficult for you to meet your basic needs and settle monthly expenses, you can request for the IRS to delay their collection efforts temporarily, until you are more financially stable so that you can pay the balance that you owe.
Non-Payment Penalties
The penalty for a refusal to pay past-due taxes or any other form of non-payment may include the following:
Filing charges for a failure-to-pay penalty
Fines of 0.5 percent per month and can accumulate to a maximum of 25 percent of the original balance owed.
Placing a levy on or seizing your assets and property
Placing a lien on your property
Placing a levy on your financial accounts
Garnishing your wages
Work with An Experienced Texas Tax Attorney
Resolving tax debt issues and filing past-due taxes in Texas often involves a number of complex procedures. When you owe the tax authorities more than you can afford to pay, things can quickly become complicated and overwhelming. Therefore, if you find yourself in a situation where you owe more in taxes than you can afford to pay, it is imperative that you consult with an experienced tax law attorney as soon as possible. Your attorney can review all of your possible legal options and provide reliable legal guidance that can help you move forward.
Here at my firm, the [nap_names id="FIRM-NAME-1"], I am dedicated to offering comprehensive guidance and representation to clients facing difficult legal issues related to tax law. As your attorney, I can review your tax records line by line and help calculate your outstanding balance with the IRS. I will also explore all possible tax relief options that you have at your disposal and determine a strategic course of action that can help you take your first steps toward financial stability. Using my extensive experience, I will work to negotiate a reduced payment or outline a feasible payment plan with the IRS that can work for you.
If you or someone you know is stressing over the amount you owe in back taxes, contact my firm — the [nap_names id="FIRM-NAME-1"] — today to schedule a one-on-one case assessment. I can offer you the experienced legal counsel, guidance, and advocacy you need to settle your tax issues and help you achieve the debt relief you deserve. My firm proudly serves clients across Texas, including Houston, Harris County, and the surrounding communities — so call or reach out today to learn more about how I can help you with your case.]]> The Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=463432022-11-07T10:59:36Z2021-04-20T05:00:00ZHow Does the IRS Choose Who to Audit?
Few audits are triggered because the IRS found a mathematical error on your return. Most are triggered due to the type of income you earn, the type of employment you have, the number of deductions you make, and the amount of income you earn. Any of the following circumstances can trigger an audit:
The IRS’s computer notices an anomaly, including duplicate dependents and odd deductions
You earn significant income or very little income or overlooked income reported by others who paid you
You itemized a large number of deductions or took deductions for hobbies
You spent or deposited a significant amount of cash or operate a cash-based business
You are self-employed and/or have a home-based business
You own assets in a foreign country
You have significant investment income
How Can I Prepare for an IRS Audit?
When the IRS notifies you via mail or telephone that you are to be audited, they will detail what information you will need to provide, including supporting documentation. The first thing you should do is locate all necessary documents, make copies for the auditor, and organize them. If you realize that you are missing some of the documents the auditor will need to review, request copies right away so that you can have them ready for the auditor.
Consulting with a tax attorney upon notification of the audit can also be a very wise decision. Your attorney will be able to review the notice and assist you with your response, which is required within 30 days of the notice. Your attorney will also be able to help you gather and organize all of the necessary documents that will be pertinent to the audit. Above all, your tax attorney can advise you regarding the reason for the audit and help you anticipate what the auditor is looking for, and may find, during the process.
What Happens During an IRS Audit?
Audits are conducted in person, either at your home or at an IRS office. You can choose whether or not to attend the audit on your own. You may also either have your attorney or tax professional represent you, or have them attend the audit with you. The auditor may ask you questions during the review or request additional documents. Having a tax attorney there with you can help reduce your anxiety level as you respond to these requests.
What Are My Rights During an IRS Audit?
The IRS grants that you have the following rights during an audit:
The right to professional and courteous treatment
The right to privacy and confidentiality
The right to know why certain information is being requested and the consequences if you do not produce it
The right to representation during the audit
The right to appeal disputes to both the IRS and in a court of law
Seek Help from an Experienced Texas Tax Law Attorney
Navigating an IRS audit inherently involves a significant amount of silence, during which most people become anxious and nervous. It is difficult to sit quietly while the auditor peruses the documents you have produced and takes notes without comment.
The value of hiring an experienced and knowledgeable tax attorney to help you answer, prepare, and either accept or appeal the audit outcome can make the entire process easier. Unless you have been through an audit before, or understand fully the issues raised by the IRS, it can be extremely beneficial to have an experienced IRS audit attorney on your side to advocate for your rights.
When you choose to work with my firm, the [nap_names id="FIRM-NAME-1"], you will have an attorney on your side who is uniquely qualified to represent clients during IRS audits. I am not only a tax attorney, but a certified public accountant and an IRS Enrolled Agent. That is why clients from Houston, Texas, and throughout Harris County come to me when they receive an audit notice from the IRS.
If you have received an audit notice, don’t delay. Call my office today to schedule a consultation and allow me to begin helping you through this stressful event.]]> The Law Office Of Joseph Onwuteaka, P.C.https://www.lawaction.com/?p=463542022-11-07T10:59:41Z2020-12-29T06:00:00ZCommon Causes of Slip and Fall Accidents
The U.S. Occupational Safety and Health Administration (OSHA) keeps track of workplace injury statistics, and slips, trips, and falls comprise the largest category each year.
A trip generally results from walking into an obstacle on the floor — whether it's a power cord, a loose carpet or mat, debris, or other forms of clutter. A slip, as the name implies, involves stepping onto something slippery on a floor or surface. These are generally caused by spills or natural elements like ice or snow.
Both slips and trips can result in the victim falling down. Slips often result in a backward fall, leading to potential head and brain injuries. OSHA recognizes two types of falls – those occurring on the same level surface, and those occurring on different levels, such as falling from scaffolding or down a flight of steps.
OSHA regulations, along with state laws, obligate employers and property owners to maintain conditions that are safe and free of obstacles and other unsafe conditions that can lead to slip-and-fall injuries. If these obligations are not met or otherwise neglected, the employers and property owners can be held liable for any resulting injuries.
What Is a Traumatic Brain Injury?
If you fall and hit your head, you can be subjected to a traumatic brain injury. The mildest form is known as a concussion. National Football League (NFL) players often suffer concussions from repeated collisions to the head, with many being medically sidelined for two weeks or more as symptoms are monitored.
If you strike your head on a surface after a fall, you may run the risk of suffering a potential traumatic brain injury, just like many NFL players do. However, if the symptoms persist, you may be facing something more than just a concussion. In any case, immediate medical evaluation and treatment is necessary.
Symptoms often fall into four major categories:
Ability to think and remember things clearly. You may find it difficult to think clearly or remember new information, or you may even feel slowed down or unable to fully concentrate.
Physical symptoms. You may experience headaches, fuzzy or blurred vision, dizziness, balance problems, and even nausea and vomiting.
Emotional symptoms and mood swings. Your mood may become sadder or more irritable, and you may feel more anxiety or nervousness.
Changes in sleep patterns. You may have trouble sleeping and finding yourself sleeping less, or you may even sleep more.
Some of these symptoms may appear right away, while others may take weeks or even months to surface. If you feel any of these symptoms after a fall, it’s important that you seek immediate medical attention. Go to the hospital’s emergency department immediately. In some cases, a blood clot that crowds the brain can develop, and this can be extremely dangerous.
Treatment often involves rest, medication, and potentially even surgery to remove pressure on the brain. During your recovery, you can suffer from lost wages and run up huge medical expenses, all of which can form the basis for a personal injury claim.
What to Do After a Slip and Fall
If you’re involved in a slip and fall incident whether at work, in a commercial setting, or even in someone else’s home, you should follow these steps:
Ask for help: Don’t shrug the incident off and just walk away. Instead, stay put and seek assistance.
Seek medical attention: You need to get a full medical examination as quickly as possible, even if you’re feeling little or no pain. Don’t wait for symptoms to arise, as this could make treatment more urgent or difficult.
Document everything: If possible, take photos of the scene and gather witness contact information so they can provide their account of the incident. When you get a chance, write everything down as you remember it. And be sure to keep copies of all medical records.
Report the incident: If you’re at work, you need to notify your employer of the incident in order to trigger a workers’ compensation claim. If you’re on non-work property, obtain the owner’s contact information and the insurance company’s name if possible.
Exert your legal rights: Contact a personal injury attorney as soon as possible so you can begin to explore and exercise all of your legal rights.
Premises Liability and Property Owner’s Responsibility
In Texas, injuries sustained on another person’s property fall under what is called premises liability law, which places a “duty of care” responsibility on the property owner to maintain a safe and hazard-free environment. At the same time, however, someone injured on another’s property must prove that the owner knew or should have known of the hazardous condition that caused the incident, and then neglected to do anything about it. This places a rather high burden on the claimant in a personal injury insurance claim or lawsuit.
When it comes to traumatic brain injury, a TBI can sometimes be harder to prove to an insurance company than a spine or bone injury, as these injuries can be shown on an MRI or X-ray. This can be another challenge you and your attorney might have to face.
How the [nap_names id="FIRM-NAME-1"] Can Help
To navigate these legal hurdles, you need the help of an experienced Texas personal injury attorney. You also face a two-year window, known as a statute of limitations, to file your injury claim, so you want to exercise your legal rights as soon as possible and not wait until symptoms become severe or unbearable.
As an experienced personal injury attorney, I have been representing clients in Houston and Harris County for over three decades. I know the ins and outs of negotiating with insurance adjusters. I will help you explore all of your legal options and work to develop the best possible legal strategy aimed at helping you get the justice you deserve, even if it involves a lawsuit. If you or someone you know has been injured in an accident, contact me at the [nap_names id="FIRM-NAME-1"] today to schedule a free case consultation.]]>