Taking Pictures Following an Auto Collision

If you've been in an auto collision, one of the best ways to protect your rights is to gather evidence as soon as possible. That way, you'll be prepared if you end up making a personal injury claim against the other driver.

If you are in a condition to take pictures immediately after the collision and have a camera or your phone handy, you should take pictures of the accident scene. Take pictures of the area of the collision from all directions--close-ups as well as pictures from further away. You never know at that moment which angles best illustrate the accident scene, so it is always best to take pictures from as many angles as possible. If either or both vehicles left skid marks, definitely take pictures of those. This is where you want to shoot from further away so that you can have a panoramic view of the skid marks.

You also want to take pictures of any traffic control devices (e.g., traffic lights or stop or yield signs) at the scene. In your pictures, you want to make clear who had the light or the stop sign.

If you think that someone’s view of the accident scene will be relevant, you would want to take pictures that show the view. For example, if the other driver told you after the collision that he or she couldn’t see you coming, you would want to take pictures that showed how far back the other driver had a view of the accident scene. Remember that, in auto collision litigation, a picture truly is worth a thousand words. If the other driver said that he or she couldn’t see the location, but the pictures show that he or she had a clear view of the location for five hundred feet, then the other driver is likely going to lose because the insurer and the jury will think that he or she simply wasn’t paying attention.

You should also take pictures of both (or all) vehicles involved in the collision. Specifically, you want to photograph the areas of damage from afar and also close-up. The damage to the vehicles can tell insurers and juries a lot about how an auto collision occurred, how fast the drivers were going, and who was at fault. So make sure to get good pictures of the vehicle damage.

Finally, if you were injured, get pictures of your injuries. Pictures of bruises, contusions, wounds, etc. are very powerful tools in convincing an insurance adjuster or a jury about the extent of your injuries.

If you've been injured in an auto collision and have questions about how we can help, give us a call at 253.858.5434 to set up an appointment for a free initial consultation.

"Wills and Estates Law in the Digital Age"

Attended a really interesting webinar last night called "Wills and Estates Law in the Digital Age," covering topics like transferring and accessing digital assets and content when someone dies or become incapacitated. Everyone has digital accounts somewhere, right? If you die or become incapaciated, who has access to your email accounts, digital music, digital photographs and videos, software licenses, social network accounts, file sharing accounts, financial and online banking accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, or online medical information, and who is the "owner" of that data? And how does that work with federal and state privacy laws?

If you have questions about this evolving area of estate planning, or if we can be of other service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434. We proudly serve clients throughout Washington and Idaho and are avaialable to meet in person, by phone, or via Skype or FaceTime.

Seattle Meetings

Clients and Colleagues - I will be working in Seattle all day next Wednesday (April 6th) and still have a couple time slots available for meetings in the afternoon. If you would like one, give us a call at 253.858.5434 to set something up.

Contract Drafting & Contract Disputes

If you own a small business, we can help in a number of ways. We assist business clients in developing the appropriate contracts and agreements that will allow their business to run smoothly and grow. If, in the future, a dispute arises regarding a contract, we can help resolve the disagreement through mediation or trial. We can assist with:

* CONTRACT DRAFTING: Whether it is employment contracts, non-compete agreements, confidentiality clauses, partnership agreements, severance packages, service contracts, or other operational documents, we have the skills necessary to prepare these documents. We understand that the best way to avoid conflict in the future is by drafting accurate and complete documents in the present.

* CONTRACT DISPUTES: If disputes do arise over contracts, it is important to seek the counsel of an experienced lawyer. Our understanding of contract drafting and business law allows us to carefully examine a dispute and fully realize the obstacles.

If we can be of service to you, your family, friends, neighbors, or co-workers, give us a call at 253.858.5434 to set up an appointment. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Alternative Dispute Resolution

The traditional litigation process which ends with a jury trial is an important means of resolving disputes and, for many cases, may be the appropriate alternative. In other cases, however, litigation may be less desirable because of the cost, delay, publicity, and lack of control over the outcome. We can achieve favorable outcomes for our clients who would be better served if their case were resolved outside the courtroom. Some of the more common alternatives to the traditional litigation process include:

* Arbitration (involves the selection of one or more neutral third parties who render a binding decision following the presentation of evidence; may be compelled by court rule or by agreement of the parties, who typically share the expense)

* Mediation (involves the use of a skilled neutral third party who does not have the power to impose a solution, but assists the parties in arriving at their own confidential solution; parties retain ultimate control over the process and the resolution that may occur)

* Negotiation (involves negotiation between the parties, with the assistance of their respective attorneys; the most widely used form of alternative resolution, with more than 90% of all disputes, both civil and criminal, resolved before trial)

If you have a dispute that might be better resolved through Alternative Dispute Resolution rather than litigation, give us a call at 253.858.5434 to see how we can help.

Avoiding Probate for Timeshares

Timeshares can be a headache for estate planning and probate lawyers as well as their clients. If not treated appropriately, they can cause excess time and fees for everyone involved. Many timeshares are actual interests in real estate; other timeshares are a contractual “right to use." If a person dies with a timeshare interest in their name, there may have to be an additional probate in the state where the timeshare is located. This is called an "ancillary" probate and can cost several thousand dollars in attorney fees and court costs.

The easiest way to avoid this problem is to set up a Revocable Living Trust. We can help you in creating the Trust. Once the Trust is created, you transfer the timeshare interest into the Trust and the Trustee becomes the legal owner of the timeshare. As the beneficiary of the trust, you can use the timeshare while you are alive. Upon your death, the Trust continues to be the owner and probate is not required. The timeshare interest will then be transferred to the remainder beneficiaries according to the terms of the Trust.

If you own a timeshare, it is important to contact an estate planning lawyer and put the timeshare in a Living Trust so you do not inadvertently burden your loved ones. If you have inherited a timeshare, it is important to contact a lawyer in the jurisdiction where the timeshare is located to determine your options. Give us a call at 253.858.5434 if we can be of service to you, your family, friends, neighbors, or co-workers.

Boise Meetings

Idaho Clients, Colleagues, and Friends - I will be in Boise April 8-10 and have some time available to meet with new or existing clients in the afternoon on Friday the 8th. If you would like to get together, give us a call at 253.858.5434 to set something up.

Seattle Meeting

Clients and Colleagues - I will be working in Seattle all day next Wednesday (March 16th) and still have a couple time slots available for meetings in the afternoon. If you would like one, give us a call at 253.858.5434 to set something up.

Personal Injury Litigation

It's been almost two years and the Law Offices of P. Stephen Aita are back in the personal injury litigation business!

We believe that people who have been injured because someone else was negligent, and are possibly unable to work or afford attorney fees, have a right to legal representation and access to the judicial system in order to recover adequate compensation for their personal losses.

Give us a call at 253.858.5434 if we can be of service to you, your family members, friends, co-workers, or neighbors. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype or FaceTime.

Idaho State Bar's "Attorneys Against Hunger" Fundraiser

Attention Idaho Clients, Colleagues & Friends - The Idaho State Bar Association's 2015 ATTORNEYS AGAINST HUNGER fundraiser will be next Thursday, September 3, from 4:00-7:00 at Boise Brewing (521 W. Broad Street in Boise). 100% of all proceeds benefit the Idaho Food Bank. If you can't make it for some beer from Boise Brewing and some chow from Goodwood BBQ Co., then give us a call to find out how you can still donate to assist this great cause!

Representing Small Businesses

Running a small business often touches on legal issues that, if not dealt with, can result in you losing money, closing your doors, or worse. Buying a business involves doing some due diligence to make sure you get what you pay for, and selling a business requires careful attention to ensure you're getting a good deal.

If you own a small business, then that business may hold your hopes and dreams for your family's future. The right legal counsel can make a significant difference in whether that business reaches its potential.

We can assist, guide, and represent you and your small business on legal matters that you face. We have worked with a broad range of companies, including retail, restaurants & bars, medical practices, web design firms, real estate management, architectural and construction firms, graphic design firms, trucking companies, mortgage companies, and more.

If we can be of service, give us a call at 253.858.5434. We proudly serve clients throughout Washington and Idaho and are available to meet in person, by phone, or via Skype.

Seattle Meetings

Clients and Colleagues - I will be working in Seattle all day on Monday (the 1st) and still have a couple time slots available for meetings in the afternoon. If you would like one, give us a call at 253.858.5434 to set something up.

Meetings with Idaho Clients

Idaho clients, colleagues, and friends - I will be in Boise June 5th-7th and have some time to meet with new or existing clients in the afternoon on Friday the 5th. If you or someone you know would like an appointment, give us a call at 253.858.5434 to set something up.

Estate Planning Reviews

Guess what we're spending the day doing? Every April 30th and October 31st, we review our estate planning files and send review letters to clients. We review these files so that we can alert clients as to changes in state or federal laws which could affect them and indicate a need to update their estate plans. We recommend that clients regularly examine their estate plans and suggest such review be made at least once every 3-4 years, and more often if major changes in family size, relationships, or assets occur.

If you would like a copy of our checklist of changes or occurrences that might warrant a change in your estate plan or if you think your estate plan should be reviewed or changed in any way, call us at 253.858.5434 for an appointment so that we can meet to discuss your needs and revise your estate plan accordingly.

ABLE Accounts Starting in 2015

It's looking like Congress will likely pass the Achieving a Better Life Experience Act this session, which will allow people to set up ABLE accounts (or 529A accounts) starting in 2015. ABLE accounts are similar to 529 plans, except that the payouts can be used for supplemental care of a disabled person, as long as the person was disabled before they turned 26. Contributions can be made up to $14,000 per year and as long as the account does not exceed $100,000, the account would not affect the disabled person's SSI benefits or Medicaid qualifications. ABLE accounts may prove to be a good way to make gifts or leave property to a disabled child or grandchild without having to set up a supplemental needs trust.

If you have questions about making gifts or leaving property to a disabled family member without disqualifying them for benefits, give us a call at 253.858.5434 to see how we can help.