Finding a Boise Divorce Attorney - Need to Find the Best Criminal Lawyer - You Have Come to the Right Place

Who is the Best Divorce Attorney in Boise?  Who is the Most Aggressive Criminal Attorney in Boise?

How do you find the best divorce attorney for you?  What about finding the best criminal lawyer or bankruptcy attorney?  Need to find a savvy probate attorney or business lawyer?  These are questions which are often raised when I receive calls from potential clients.  And this is why at Kershisnik Law, PLLC we offer a free consultation.

Finding a good divorce attorney or a criminal lawyer is not only important for your case, but it is also important for your peace of mind.  Not everyone likes to wear Nike Shoes and not everyone likes to eat McDonald's.  The same is true for your divorce attorney, criminal lawyer, bankruptcy attorney, probate attorney, business lawyer or personal injury lawyer.  Every person has a different style as does every attorney.

What to Look For in A Boise Divorce Attorney, Criminal Lawyer Etc.

So if there are a lot of good attorneys out there, and arguably even more "best" attorneys, how do you find the shoe that fits?  In my years of legal practice I have found several things that are helpful to aid you in finding an attorney who is a great fit.

First, a free consultation is indispensable.  It gives both the client and the attorney the opportunity to see if they hit it off.  You might not think that the attorney needs to be comfortable with the client but they do.  I have had situations where I turned work away because I did not hit it off with the client.  One person came in for a consultation.  When they arrived I grabbed the complaint they had forwarded to me from my secretary and took a moment to read it.  They looked at me with utter disdain.  They were appalled that I had not yet read the complaint.  I explained that there are several reasons why I wait to read the documents until the potential client has come in.  First, just because someone makes an appointment, doesn't mean they will come in.  In my busy schedule I cannot be reading complaints for enjoyment.  Secondly, I like to have their information fresh in my head when I am with them one on one.  Reading is a huge part of my job and I have a good memory, but would you want your doctor to not have read your chart minutes before operating on you?  And on and on.....This particular person was not impressed with my individual attention.  I suggested that she find a different attorney.

Second, an attorney who is not afraid of suggesting that you get a second opinion is, at first glance, a good choice.  I have prospective clients come to me with cases where I see no legal action or where I see that they would lose if they tried to bring suit.  I always suggest that it is my opinion and someone else might see it differently.

Third, along the lines of the above, a good attorney will tell you what they see as strong points in your case and weak points that you might have to deal with.  Also, in this regard, the whole expanse of your case may not be clear at first and in fact in all cases facts and evidence arise that can change the course of what was originally thought.

The fourth thought is price.  High price, low price, payment plan are not necessarily good things to judge a lawyer by.  Some attorneys might undercut the price to get you to sign up.  An attorney's fee is based upon the time they spend working on your case.  Do you really want the McDonald's Dollar Menu for your attorney just because it is cheap?  Likewise, very expensive attorneys do not necessarily mean the best attorneys.  Some people over value their worth and their ability.  There are a lot of cocky lawyers, but do you want an attorney who might mess up your case because they over value themselves? Likewise, there are people who like to try and impress others by how much they had to spend on their lawyer and try to give the impression that they had the best attorney because they were pricey.  Don't get caught up in image and snobbery.  Anyone who matters can see right through it.  If someone is impressed by another's bragging, they are equally trying to impress you too.  Attorneys in general are not cheap because they have spent many years educating themselves, but dollar amounts should not be your primary reason for choosing an attorney.

How to Make the Client Lawyer Relationship Successful

Like the question about choosing the best attorney in Boise, I also have learned a lot about making the client/attorney relationship a successful one.

First, listen to your attorney.  Your attorney has spent years mastering the law.  The law is not necessarily based on fairness or common sense.  Your attorney knows the judges and the other lawyers and how best to work out the situation for you.

Second, ask questions but do realize that having your attorney on speed dial will cost money.  It is important to know what is going on in your case but your attorney is busy helping others just like you.  That is not to say do not call them, but make sure that you are not using your attorney as an ear just to gripe.

Third, realize your attorney knows what is going on.  Often a case will go very fast and then slow way down so it seems like nothing is happening.  This is the way the legal system works.  Tickle your attorney now and then if you think you have been overlooked and even let them know that, but also realize the nature of the law is hurry up and slow down.

Fourth, stay apprised of your bill so there is no sticker shock in the end.  You will need to put down a retainer at the begging of your case but that may not be the end of what you will have to pay.  If you have a payment plan make sure you look at your statements to see how much you are out of pocket and if you have a billing question don't be afraid to ask about it.  Mistakes happen but it is better to clear it up before it is far down the road.  Some people never check their statements and in the end they might say that they don't want to pay that much or they are unhappy.  In general, the unhappiness stems from the cost, not the result.

And finally let your attorney know if you are confused, want something different or need help.  Your attorney is a trained professional who can provide you valuable information or direct you to a person who can help you.  Take advantage of their training and take what they have to offer you.

If you need to find a Boise Divorce Attorney, Criminal Lawyer, DUI Lawyer, Bankruptcy Attorney, Business Attorney or Personal Injury Lawyer, give us a call for your free consultation and see what we can do for you. 208-472-2383.  Call today.

How Much is My Personal Injury Worth - Boise Personal Injury Lawyers - (208) 472-2383

How Much is a Personal Injury Worth in Idaho?

As a Boise Personal Injury Attorney I get frequent questions from people wanting to know how much there injury is worth.  What kind of settlement can I get for my personal injury?  As with all legal issues, there is no cut and dry answer.  There are several factors, however, to keep in mind when trying to quantify how much your injury is worth.

Types of Damages in Personal Injury Cases

You might hear a personal injury lawyer speak about compensatory damages.  These are damages award to compensate a person for their injury.  Compensatory damages include special damages, general damages and potentially punitive damages.

Special Damages

Most attorneys will start with identifying something known as special damages.  These are fairly easy to identify because they include actual expenses including things like medical bills, prescription costs, lost wages, durable medical goods, such as crutches and the like.     

It is important if you have suffered a personal injury to keep a good record of these expenses because the extent of your injury can be manifest in your medical bills, though not always.  At any rate, you will need to be able to identify the cost of your injuries.  If you have been injured and you never go to the doctor, you lose evidence of your injury and you have no evidence to prove your damages.

General Damages

Another type of damage personal injury attorneys look at is general damages which are non-quantifiable damages such as pain and suffering, loss of enjoyment of life and loss of consortium.  While special damages are easy to quantify, these general damages are less easy to identify.  For example, how much is the pain and suffering associated with a broken back?  In order to value the non-quantifiable damage, it is important to look at the extent of the medical bills because they can indicate the severity of the injury, though not always.  It is also important to look at the circumstances of injury.  For example, if you have two automobile accidents that are similar in nature, you may end up with two widely varying damage awards based upon the circumstances of the situation.  If you have a rear end accident that is caused by a 75 year old woman driving in the rain and she hits you and is cited for following too closely and going too fast for the conditions outside vs. you have a rear end accident caused by a 25 year old intoxicated male who is cited for DUI, you may end up with a different award amount because of the surrounding circumstances of the case.   

In regard to types of general damages, I often am asked, “what is loss of consortium?”  Consortium is your relationship with your spouse, your children or society in general.  Consortium with your child means your relationship and how you related.  Your closeness as parent and child.  Loss of consortium with a spouse includes your relationship but also your sexual relationship.  If you injury caused you to lose that closeness or sexual intimacy with your spouse, you have a loss of consortium.  If you no longer have a sexual relationship or you sought a divorce after the accident because of the loss of consortium, this emotional for of injury is often a recoverable damage. 

Another factor that can affect the amount of damages awarded is the condition of the plaintiff.  For example, an older person will generally take longer to heal than a young person.  Pain and suffering will associated with a paralyzation will affect a younger person for a longer duration than an older person and therefore the award for that loss will be more.  A scar on the face of a young woman will be valued at a greater degree than a leg scar on a same aged male because of what our society values as beauty.

One other interesting fact about personal injury is that you can recover general damages for yourself but also for those close to you who witness or are affected by your injury.  For example, if your child witnesses your accident, they may have emotional damages associated with witnessing that.  If your spouse is shown your an x-ray of your neck after a catastrophic neck injury, this can cause emotional harm directly related to the injury.  Even if you have had a divorce, if your ex-spouse witnesses your accident, that distress may be a compensated claim in regard to both parties.

Punitive Damages

Punitive damages are not routinely awarded.  They are given when it can be shown that the defendant acted extremely irresponsibly.  They might economically benefit from a defective product and continue to do so after they are aware of the harm.  Punitive damages are awarded to discourage others from doing the same type of thing and to penalize the party who caused the harm.

The above discussion just goes to show how and why there is no cut and dry answer about how much your injury is worth.  If you have been injured and need to speak to a Boise Personal Injury Attorney, please give us a call, (208) 472-2383,  and see what we can do for you.  You will be glad you did.

Boise Bankruptcy Attorneys - Bankruptcy in Idaho - Debt Counseling

Bankruptcy Requirements - Debt Counseling
Often before anyone considers bankruptcy or steps foot in a Boise Bankruptcy Attorney's office they have tried to pay off their debt on their own or they may have even gone to credit counseling.  Even though many have taken steps on their own to improve their ability to be financially stable, the amended 2005 Bankruptcy Code requires that anyone who files for bankruptcy must take not one, but two debtor education classes.

Pre-Bankruptcy Debt Counseling
The first debt education course must be taken before you file for bankruptcy.  This must be done within 6 months of the actual filing.  This debt counseling focuses on helping individuals focus on ways that they might be able to pay off their debt on their own, without filing for bankruptcy.  After you have completed this course you will be given a certificate of completion.  Your bankruptcy lawyer will attach and file this with your bankruptcy petition.

Money Management Education
The second debt education class must be completed before your bankruptcy is approved.  You must complete this education course otherwise your debts will not be discharged.  This class focuses on personal finances.  It teaches you how to budget, use credit wisely, how to manage your money and how to start saving, instead of spending.  Upon completion of this course your bankruptcy attorneys will file the form evidencing completion and your bankruptcy can go forward.


How do you know where to go for counseling?
There are a lot of companies that would like you to come to them for debt counseling.  The Federal Bankruptcy Court has a list of approved credit counselors which you can get from your Boise Bankruptcy Attorney.  In order to be approved you must use one of these sources.

The policy behind the change in the Federal Bankruptcy Code was to ensure that people wouldn't just rack up debt and then use bankruptcy as an easy way out.  While the majority of people who resort to bankruptcy are fine people who have had serious circumstances that effect their finances like divorce, illness or loss of a job, some people don't take financial responsibility seriously.  Even though these courses are required to ensure that people understand the seriousness of bankruptcy, they do provide useful information such as how your finances change due to divorce, or how to approach a creditor and ask for help in paying off the debt instead of defaulting.  Sometimes we are perfectly able to handle ourselves financially until a severe set of circumstances present themselves.  As a Boise Bankruptcy Attorney I have seen individuals turn to bankruptcy because of a personal injury or a divorce or termination from their job of twenty years.  These are good people who know how to manage their finances but the circumstances become so grave that they do not have a choice.  Debt counseling may not help these people but, like with most things, uniformity wins the day.  The list of debt counselors provided by the Federal Bankruptcy Court are accredited and highly effective counselors.  Even if you think counseling won't help, you might be surprised.

If you are considering bankruptcy and would like to speak to one of our Boise Bankruptcy Lawyers give us a call, (208) 472-2383 and see what we can do for you.

Boise Idaho Personal Injury Lawyers - Workers Comp Attorneys

What's the difference between a personal injury and a workers comp claim? 

This is a common question.  Most every employer in the state of Idaho is required to carry workers comp insurance.  If you are hurt on the job, the workers comp laws of Idaho ensure that there is coverage for you.  Personal injury, on the other hand, occurs when you are injured by someone other than your employer.  In a personal injury law suit you file a civil claim against the party who has injured you.  They may or may not have insurance that will cover your damages.

When you are injured on the job it is critical that your report your injury immediately to both the Idaho Industrial Commission and your employer.  If you do not report your injury within 60 days you can lose all your benefits.  Another difference between personal injury and workers comp is who covers the bills associated with your injury.  In a personal injury you are personally responsible for paying your medical bills and then trying to collect the cost from the party who injured you.  With workers comp, your bills are sent directly to and covered by (all reasonable and necessary bills) the insurance carrier.

Another difference between personal injury and workers comp is coverage of lost wages.  If you are injured in an accident not related to work and you file all the appropriate paperwork, you will be entitled to time-loss benefits which is compensation for lost wages if you are off the job for more than five days.  You also may qualify for temporary total disability benefits if you doctor confirms that you cannot work.  These benefits last until you have recovered to the maximum degree of recovery and are released by your doctor to work again.  If you are not completely temporarily disabled, you may qualify for temporary partial disability benefits.  In a personal injury law suit, if you miss work and are temporarily or permanently disabled, you won't collect any payment until you have settled with the insurance company or received and collected on a judgement against the party that injured you.

Death benefits are also provided by workers comp.  In general, your spouse will receive 500 weeks of death benefits.  This can change, however, if your spouse remarries.  In addition, your children, up to 3 total, will receive benefits until they turn 18.  Again, with personal injury, there is no guaranteed coverage for death benefits.  Any money you receive to compensate your loved ones will only come from a settlement with the insurance company or a judgment when you win the personal injury law suit.

So if workers comp sounds so good, why would you ever need a workers comp attorney?  You may ultimately decide what the Idaho Industrial Commission determines is reasonable and necessary or a full benefit does not actually meet your expectations, your out of pocket expenses or is commiserate with your injuries.  For workers comp cases in Idaho you are not allowed to file suit in civil court, like you would with a personal injury case.  For workers comp you have to file an appeal and have a formal hearing.  Prior to going to the formal hearing you may also want to go through mediation.  Mediation is non-binding upon you so if you still don't feel like you are getting what you deserve you can request a formal hearing.  Workers comp attorneys assist you in these matters.  They present your case before the formal hearing board or negotiate with the Industrial Commission lawyers during mediation. If mediation doesn't work for you The Idaho Industrial Commission  lawyers and your workers comp attorney or attorneys will have a binding legal hearing to determine what your benefits should be.

There is one situation where your injury may be taken to a civil court.  If you are injured at work but a third party is involved, in addition to filing for benefits under the workers comp laws of Idaho for the amount of the injury caused by your employer, you can sue the third party for the injury or the amount of the injury they caused.

If you have been injured on the job and need to speak to a Boise Workers Comp Attorney, please give us a call, (208) 472-2383.  We offer a free consultation.  Give us a call and see what we can do for you.

Boise Criminal Lawyers - DUI Attorneys - Divorce Attorney - Family Law Lawyer - Probate - Boise

Boise Criminal Lawyers, DUI Attorneys, Divorce Attorney, Family Law Lawyer, Probate call (208) 472-2383

As the 4th of July weekend 2011 comes to a close we read in today's paper about the numerous DUI arrests made over the weekend.  This year in Boise there were 17 DUI arrests.  Boise Criminal Lawyers are very busy this time of year.  According to the National Highway Traffic Safety Administration the 4th of July weekend is one of the deadliest times of year as far as traffic fatalities.  There are many factors which play into this statistic.  Firstly, it's summer and people are our enjoying the warmth and sunshine.  More people on the road means more accidents.  Of course, the most obvious reason for the high rate of accidents is alcohol.  It is a holiday, people are drinking and they are driving under the influence.  The NHTSA reports that over the past 25 years half of the fatal crashes on Independence Day have involved alcohol.

While this startling statistic gives Boise Criminal Lawyers and DUI Attorneys plenty to do, it can ruin someone's life.  If you are charged with a DUI it can impact your entire way of life.  No only do you have to deal with the consequences of the DUI arrests which have a huge personal impact, but if you have harmed someone in an accident caused by driving under the influence you may be responsible for a personal injury action against you or worse, you may be responsible for the death of another person.

What can you do to prevent the consequences of a DUI?  The first answer is obvious - don't drink and drive.  However, if you have found yourself in that situation (which we know from the recent news coverage of Senator McGee - it can happen to anyone, even those you would least expect), it is very important to follow all the recommendations of the court and the advice of your criminal lawyer.  Your attitude in presentencing requirements and in a DUI sentencing can make a huge difference for you and your family.

If you have been charged with a DUI and need to speak to a Boise Criminal Lawyer or DUI Attorney, please give us a call (208) 472-2383.  Find out what we can do for you.