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Filed a demand letter for diminished value claim, now what? Fort Worth and Dallas lawyer analyzes

In yesterday's post I explained how to open negotiations with the insurance company about your diminished value claim. If you did not succeed negotiating your diminished value claim (sometimes called a DV claim) then you sent a demand letter. This letter should begin more serious negotiations with the insurance company. The insurance company will work hard to convince you that you do not have a valid claim. Do not let them get inside your head. Keep your story straight and continue to assert the value of your claim. If the insurer will not negotiate with you then your recourse is...

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Should I contribute Roth, after-tax, or pre-tax in my 401k? Dallas employment attorney

It depends. Each option gives you a different benefit and the respective benefits will have a maximum positive impact depending on your current financial situation, retirement needs/goals and your expectations for future tax rates. Pretax 401k contributions Pre-tax contributions provide an immediate tax benefit because you do not pay taxes on income contributed to your 401k. You also get the benefit of tax-free growth in your 401k. The downside is that all of the pre-tax money in your 401k is taxable upon distribution. 401k Roth contributions Roth contributions, on the other hand, do not provide an immediate tax benefit. You pay taxes on your...

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How to submit a diminished value claim

Yesterday I discussed how to evaluate your diminished value claim. Today we'll discuss how to assemble and submit your diminished value claim to the insurance company. You can hire a lawyer, like myself, to assemble your claim and negotiate with the insurance company. However, unless your car is a luxury vehicle or you also have injury claims to deal with, it may not be worth your money to hire an attorney. Instead, with a few phone calls and letters you should reach a reasonable settlement of your diminished value claim. Before bringing up your diminished value claim you need to know the basis...

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Bigamy, Texas marriages and the Texas Family Code by Bedford divorce attorney Adam Kielich

Talk about bigamy today and you might find yourself in the middle of a debate about the long term results of the Supreme Court declaring DOMA unconstitutional; but bigamy is a problem for Texas marriages outside of the DOMA issue. Under the Texas Family Code an individual can have only one spouse and all other marriages are void. The Texas Criminal Code also makes bigamy a criminal offense in the state. Bigamy can and does occur in Texas in several situations. There is a history of employees migrating around Texas entering into common law marriages although they have formal marriages elsewhere....

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How to evaluate a diminished value claim–Dallas employment lawyer

Yesterday I posted the first part of this series on diminished value, explaining diminished value and the types of diminished value. Today's post will deal with how to evaluate your diminished value claim. Recovering diminished value claims is informational warfare with the insurer to prove that you: (1) lost value on your car; (2) what amount you have lost; and (3) that the insurance companies owes you the lost value. Let's dispense with the third issue right now. To recover on a diminished value claim you must have a claim against a third party. That means the damage your vehicle sustained had to be...

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What is diminished value? Dallas employment lawyer explains

Today's post is about diminished value under Texas law. Future posts this week will discuss: (1) how to evaluate a diminished value claim; (2) how to file your diminished value claim; and (3) what steps you will need to take after you file your diminished value claim. Diminished value is a form of monetary relief you are entitled to, under Texas law, for value you have lost on your vehicle after an accident even after it has been repaired. When you are in an accident with another driver who is at fault, that driver is liable for making you whole...

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Important Deadlines for Unpaid Wage Claims in Dallas and Fort Worth

can be filed under either federal or state law in Texas. There are some reasons why one may want to choose to pursue a claim under federal or Texas state law. One important consideration for the employee is which process is best for recovering unpaid wages. If you believe you have an unpaid wage claim in Fort Worth, Texas or Dallas, Texas then you should contact a Texas employment lawyers right away. Unpaid wage and overtime pay in Texas under the Fair Labor Standards Act Federal law allows employees to recover unpaid wages for up to two years in the past (sometimes three years)....

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Keller, Texas Car Accident at 377 and Golden Triangle

Aftersome technical issues at the office Thursday I decided to head home mid-day. I almost made it home in Keller, Texas when I drove into some unusual traffic at the intersection of 377 and Golden Triangle. This intersection in Keller is a critical juncture because it is the main thoroughfare from Interstate 35-W to Southlake and Grapevine, where Golden Triange becomes Southlake Boulevard and then Northwest Highway. 377 is also an important vein for traffic. It connects Keller and Roanoke to shopping in Wautaga, 820 and goes all the way into Fort Worth. This particular intersection happens to be part of my path...

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If my spouse has a protective order against me but she invites me over can I go without getting arrested? Fort Worth divorce lawyer explains

No. In Texas, protective orders can issue from family courts in divorce suits and child custody actions (suits affecting the parent-child relationship or SAPCR). In these cases, protective orders are commonly issued to prevent somebody from visiting or even being within a certain distance from another person. Typically they will be issued if there are concerns about domestic violence. Although protective orders issue for other reasons, this is the primary reason Texas family courts will issue them. If you believe you have a family law situation in Texas that requires a protective order then you should contact a divorce lawyer right...

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How to Negotiate a Better Deal with a Promotion? Fort Worth employment attorney

In a down economy, it can be exceedingly rare that you have an opportunity for promotion. It can be even rarer that the company is going to be willing to negotiate a higher salary when they know that there is probably 100 people at least closely qualified to take the position for the offered salary. It is ALWAYS a risk calculation to reject an offer and throw back a counter offer. No matter how well played or justified the counter-offer, an employer can always chose to go with the next candidate.  However, there are some factors that can help increase...

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