Quantcast
Channel: The Law Offices of Alex L Benedict & Associates
Viewing all articles
Browse latest Browse all 8

Our Services

$
0
0

Legal Services we do

Elder Care & Residential Facilities

A Residential Care Facility for the Elderly (RCFE) is a non-medical housing facility that caters to elder residents who need assistance with activities of daily living such as eating, grooming, hygiene, taking medications, assistance with walking, toileting and other daily tasks. Such arrangements are usually entered into by the resident, the resident’s guardian, conservator or other responsible person, but before admission such placement must be qualified by a physician as an appropriate placement. This type of housing arrangement is only appropriate when the resident has minimal health care issues. If you are unsure of whether or not such a facility is the right choice for yourself or a family member, contact us and we can help you decide.

The key distinction between nursing homes and RCFEs is that, while residents of RCFEs may be unable to live by themselves, they do not require skilled nursing care. RCFEs are considered to be non-medical facilities, and are not required to have nurses, certified nursing assistants or doctors on staff. Other terms often used to refer to this level of care are: assisted living facilities, board and care homes, rest homes and that component of Continuing Care Retirement Communities (CCRCs) that provides attentive personal care and supervision. Those who require actual skilled nursing care are generally not permitted for residency at an RCFE.

If you or someone you love has been seriously hurt or injured as a result of elder abuse or elder neglect in a residential care facility, you may be entitled to seek compensation by filing a lawsuit under the California Elder Abuse Act. Contact us today for a free consultation to see how we can assist you.


 

Family Law

There are many facets to Family Law.

Dissolutions/Divorce

Legal Separation

Child Custody and Visitation (includes all negotiations with DCSS)

Child and Spousal Support

Division of Property

Pre-nuptual/post-nuptual agreements

Modification of Existing Orders/Judgments

Temporary Restraining Orders (TRO)

Contracts

The most difficult is the emotion that affects each participant in the relationship. There are always two sides in a dispute during the dissolution proceedings. We are on your side.

California Family Code, written by California Legislature, governs marital dissolutions. This set of rules applies to the facts of every case. Sometimes there may be situations when the law may appear to work an injustice to your best interests, and there is also a possibility that the results cannot be explained other than to say “that is the law”.

Our goal, as your attorney, is to resolve the dispute as quickly and as painlessly as possible. We will protect you & your rights from being taken advantage of.


 

Criminal Law

Criminal charges can turn a person’s life upside down, especially if they retain an inadequate defense lawyer to handle their case. The experience itself can be taxing on a defendant’s emotions and health due to the stress of the situation, and if they are convicted, the penalties could devastate their career, finances, and relationships.

Penalties for more serious offenses can include thousands of dollars in fines and months, years or decades in jail or prison. Many people who are charged with committing a crime are indeed guilty and deserve to be sentenced; however, thousands of individuals are falsely accused each year and it is partially due to the lack of strong legal representation.

The justice system in this country provides us with the benefit of a doubt when accused; an individual is innocent until proven guilty. However, because no system is perfect, it is still essential that you equip yourself with the right defense counsel to ensure that this principle is executed properly in court.

We have former public defenders and prosecutors on our team that have a detailed understanding of your opponent’s tactics and could strategically build your defense accordingly. There are numerous benefits of hiring a trial lawyer, so consult with a member of our team today to discuss what we could do on your behalf.


 

Bankruptcy & Debt Matters

Credit Scores rule. When your credit score is plummeting because there is insufficient “disposable income” at the end of each month to make a meaningful debt payment, Debt Options must be given serious consideration.

Many people, families and businesses struggle to pay their bills each month. No matter how hard they try, they simply do not have enough cash to catch up. They experience stress, anxiety and even despair just trying to figure out how to manage their financial challenges and have it all work. For many, this often seems like a game they can’t win, that there is no hope to end the cycle of debt, hopelessness and the game of trying to “catch up.”

Debt Consolidation/Negotiation

Credit Card Settlement

Foreclosure Defense

Loan Modification

Bankruptcy

Chapter 7

Chapter 11

Chapter 13

Bankruptcy is not a moral or emotional decision, it is financial decision based on factors such as amount of debt, income, and monthly cash flow.

Our team focuses on resolving the issues that you are dealing with through solutions tailored to meet your unique needs. Whether you are drowning in credit card debt, struggling to get caught up on medical bills or your business is threatened, we can help you find an effective solution.

Foreclosure Defense: Loan Modification

Even if you have already received a loan modification from your lender you can qualify for a new loan modification as long as you have a new hardship.

What is Chapter 7?

Chapter 7 Bankruptcy, sometimes called “liquidation bankruptcy” or “straight bankruptcy” is generally the simplest and quickest form of bankruptcy. Chapter 7 Bankruptcy is available to individuals, married couples, corporations and partnerships. With Chapter 7 Bankruptcy you turn over all of your non-exempt property to the bankruptcy trustee who then converts it to cash for distribution to your creditors. Most people have no assets to offer to pay off creditors; in this case Chapter 7 Bankruptcy will give you a clean slate, in a relatively quick manner.

The main purpose of Chapter 7 Bankruptcy is to discharge certain debts, so that you can have a “fresh start.” You will have no personal liability for discharged debts after the filing and completion of your Chapter 7 Bankruptcy case. In a Chapter 7 Bankruptcy case, however, a discharge is available only to individual consumers, not to partnerships or corporations.

 What is Chapter 11?

Chapter 11 Bankruptcy is basically reorganization bankruptcy. Chapter 11 Bankruptcy is available to individuals, partnerships, and corporations. With chapter 11 Bankruptcy there are no limits on the amount of debt you have, as opposed to Chapter 13, which does have debt limitations. Chapter 11 Bankruptcy is usually the form of bankruptcy that large businesses choose when seeking to restructure their debt.

Individuals may also file Chapter 11, but due to the complexity and great expense of the chapter 11 Bankruptcy proceeding, this option is rarely advantageous for debtors who are eligible for Chapter 7 or Chapter 13 bankruptcy, therefore most individuals opt to file Chapter 7 or Chapter 13 Bankruptcy rather than Chapter 11.

 What is Chapter 13?

Chapter 13 is sometimes referred to as a wage earner’s plan. This form of bankruptcy enables individuals with regular income to present a plan to repay all or part of their debts. Under the Chapter 13 Bankruptcy law, debtors propose a repayment plan for creditors to make installment payments to creditors over three to five years.

If your current monthly income is less than the applicable state median, the plan may be for three years unless the court approves or requires a longer period of repayment under Chapter 13 Bankruptcy law.

If your current income is greater than the applicable state median, the Chapter 13 Bankruptcy plan generally must continue for five years. A Chapter 13 Bankruptcy plan cannot provide for payments over a period longer than five years. During this time Chapter 13 Bankruptcy law forbids creditors from initiating or continuing collection efforts.

We serve the entire state of California and look forward to helping you get a fresh start. Get your Fresh Start right now.


 

 

Accident & Personal Injury

Nobody plans to get hit by a car or fall down a staircase because the property workers may have been negligent. There is a reason why they are called accidents. As if the event you just experienced is not bad enough, you will quickly find yourself feeling even more defenseless when the insurance company from the other party quickly takes action and uses every possible avenue to diminish your injury, your life and your recovery. The insurance company’s best weapon is your unfamiliarity with the steps after an accident. They will want to do anything and everything they can to reduce or deny your claim altogether.

We recognize that a personal injury matter can be physically and emotionally debilitating. If you have been injured, it is important you seek immediate medical attention and focus on getting well rather than the cost of doctor visits and treatment. It is likely you have medical bills, lost wages during recovery, car repairs, rental car and other expenses. You need the professional help and counsel of a qualified personal injury lawyer right away. Insurance companies will give you the runaround and try to keep their own costs as low as possible without even considering your situation.

We are here to help you heal physically, emotionally & financially. Let us know how we can help ease your pain.


Business/ Corporate Law

Owning and operating a business is inherently risky and challenging. Every day, an entrepreneur manages a series of risks, from employee claims, to customer claims, to tax issues, to lender challenges.

We help identify solutions to problems. Our legal team will provide some objectivity and creativity to the owner. If necessary, we will help resolve the problem through negotiation or legal process.

Ultimately we help serve as a source of support and advice for more proactive approaches to managing risk. This may involve making sure you have appropriate legal agreements in place, such as employee non-compete and confidentiality agreements, and carefully written contracts with the critical participants in your business, such as customers and lenders.

Starting a Business

A critical part of our practice is helping you start up your business. We will advise you on the choice of entity (Limited Liability Company, C Corporation, S corporation, sole proprietorship, and partnership). We then form the company, obtain the employer identification number (EIN), and prepare the shareholders’ agreement, LLC agreement or other contracts that define the rights and obligations of the owners.

Our firm works on a variety of business matters, including:

General business disputes – all manner of unique circumstances.

Officer, Director, Member, or Manager breach of fiduciary duty.

Tortious Interference with business contracts & relationships.

Conspiracy, Embezzlement, Fraud, Civil Theft, Conversion of Assets.

Breach of employee non-disclosure, non-competition and non-solicitation agreements.

Disparagement, defamation & slander.

False advertising, False Light, Misrepresentation, False Promises.

Unfair business or trade practices and competition – violations of trust.

Partnership, Employer-Employee disputes, Business Dissolution

Foreclosures, Commercial Evictions, Commercial Collections.

Employment & Labour law

 One of the most important services we provide our business clients is to help them incorporate litigation avoidance strategies into their business planning. Regardless of an organization’s size or prominence, legal problems affecting financial status and reputation require practical solutions. Our lawyers view our clients’ legal problems as business problems, and work creatively and quickly to solve them.

If you are considering litigation involving an accident, contract, real estate or other matter listed above or a novel or unusual case, please contact us to discuss possible solutions and litigation strategies to bring you the best results.

 

 


Viewing all articles
Browse latest Browse all 8

Trending Articles