Do I Need a License to Landlord?

Becoming a Landlord:

Do I Need a License?

Many Real Estate Investors are choosing to rent investment properties during this soft market.  And despite the fact owners see these properties as investments, the government generally views property renting as a business.  This bears the question: does one need a license to be a landlord?

Need I have a Real Estate License to rent my property?

In most states, one does not need to be a licensed Realtor to be a Landlord, so long as the property you are renting is your own.  All you need is authority to negotiate a lease, which you most certainly have if you own the property.  If you own the property in partnership, it is best to have a written agreement with your co-owners, giving you authority to execute leases on behalf of the group.  But so long as you have an ownership stake in the property, you do not need a Real Estate License. Many states do require a Real Estate License if you are going to manage property you do not personally own though.

Need I Have a Business License to Rent My Property?

In many jurisdictions, you WILL need a business license to rent property. Depending on where the property is located, you may need a State license, a local license, or both.  This is especially true for transient housing, or any type of property rented on a short-term basis.  In most jurisdictions, this means property that is rented for a lease period of six months or fewer.  Some States require just the business registration and license, while others require both a business license and a rental license.

How Do I Find Out What my Jurisdiction Requires?

If you have retained a Real Estate Attorney, s/he will be able to advise you on licensing and registration requirements for your area.  Your attorney will also be able to advise you of the requirements for a short-term (weekly or monthly) rental vs. a long-term (annual) rental.

If you are not working with an attorney, the first place to check is your local municipality's Housing Office.  If your district does not have a housing department, check with the Building Department. Most localities will also list landlord requirements on their local websites.  Often times, the applicable forms will be available on the website too.

Will I Need a Certificate of Occupancy?

In most cases, you will need to have the Certificate of Occupancy (also called a CO) BEFORE you can apply for a business license or a housing license.  Simply put, a Certificate of Occupancy is a document issued by a local building or Zoning authority confirming that the premises have been built and maintained according to the provisions of the building or zoning ordinances, and that the premises is fit for occupation.  In practical terms, it means a unit is safe to live in and meets the local definition of habitability.

In most cases, a CO is issued when a building is first completed or when a building's use changes.  In many localities, converting a unit to rental property requires a new CO, as it is considered a change of use.  In order to get one, you will need to have the property inspected by the municipality to ensure it complies with rental codes.  This is usually done by a representative from the local Building Department.  The Inspector will either issue the CO or a list of violations that need to be addressed. Should violations be found, they will need to be repaired before the final Certificate of Occupancy is issued. Once you have the CO in hand, you may apply for the business or housing license.

What Happens if I Do NOT Get a Business License?

If you rent without obtaining the proper license, you will be the landlord of an illegal apartment. There may be many consequences associated with this.  Your city/state can fine you or even issue a "cease and desist."  Your tenants may withhold rent.  There may be insurance and tax consequences.  And should you end up in litigation, you'll be coming to court with "unclean hands," something that can cause negative decisions.  In addition, you may be charged with tax evasion.  Obviously, we recommend you obtain the proper licenses to become a landlord BEFORE you rent your property.

Do I Need a Separate License for Each Property?

Again, that depends on your specific area's requirements.  Generally, you will need a CO for each individual property.  If there are registration requirements, each parcel will need to be registered. Some jurisdictions will issue a blanket business license for property rentals, while others will require a separate license for each unit.  Most jurisdictions will require a hotel license for any type of short-term rental.

What Steps do I Follow to Become a Landlord?

First, consult with your attorney and/or local officials to determine the exact licensing and registration obligations for your area.  Next schedule an inspection and obtain your Certificate of Occupancy.  Then, if your state requires it, register the property with the with the appropriate division.  Obtain any required State Licenses before you apply for any required local ones.  We suggest you consult with a skilled Real Estate Attorney to help ensure you have followed every step appropriately and you have complied with all State and Local requirements.

Summary:

This week, we discussed licensing requirements for potential landlords.  Although you do not need a Real Estate License to rent property, most jurisdictions require some sort of business license and/or registration before you can legally rent a unit.  Most jurisdictions also require a Certificate of Occupancy (CO.)  Since converting a property from owner-occupied to a tenancy is considered a change of use, you will most likely need to obtain a new CO before applying for any type of housing license.Depending on where the property is located, you may need a State license, a local license, or both.

Here at the Law Offices of Heath D Harte, we believe that real estate is a good investment.  We also believe renting properties that are part of an investment portfolio can be an effective strategy, especially in a soft real estate market.  Becoming a landlord is one way to help your investment property pay for itself while your equity in that property grows.  

However, many investors become landlords without investigating the requirements, leading to negative financial impacts when an issue arises.  Investors must obtain the proper licenses before renting out a property, so that their investment may grow with no negative impacts.  And while they are investigating the legalities of renting, investors need to become familiar with their local landlord-tenant laws as well.  We truly believe this is an area where skilled attorney help is a must.  You really need to develop a relationship with an attorney you can trust before entering the property rental field. Your attorney can be the key to making your rental business a success. Not only can your attorney navigate the licensing process effectively, but s/he can also negotiate leases, hold security deposits, and help when tenant issues turn sour.

If you live in the New York-Connecticut area especially, The Law Offices of Heath D Harte are here to help you with all of your landlord-tenant needs.  We invite you to contact us so we may help you with all of your real estate law issues.

Land Trusts: Case Studies

Land Trusts: Case Studies

We’ve been looking at Community and Conservation Land Trusts for the last couple of weeks.Today, we’re going back to the Traditional Land Trust. This week, we're going to look at 5 specific examples of when a Land Trust was particularly helpful.

Case Study #1

Mike owns rental property in a suburb of Chicago.  In January, one of his tenants has visitors during a snowstorm.  One of these visitors, Mr Jones,  falls on his way out, and needs to be rushed to the hospital.  Mike thinks he is covered by his Landlord's Insurance.  However, Mr Jones's medical bills exceed the amount Mike is covered for, and Mr. Jones wants to be paid for his pain and suffering. Mr. Jones claims negligence and files suit against Mike, listing Mike's other rental properties as assets.

Mike learns an expensive lesson, and settles with Mr. Jones.  Mike goes to get an equity loan on his own mansion to pay off the victim and is denied.  Mike checks his credit report and finds his score has gone down significantly because of the personal judgement. He is unable to obtain a loan on his property and must begin liquidating personal assets.

Mike then learns about Land Trusts.  Mike forms an LLC called "Suburban Chicago Rental Apartments, LLC."  Mike places his rental properties into a Land Trust with the LLC as beneficiary.

The next winter, Mike has another slip and fall accident on his property.  Instead of being sued personally, the victim sees the property is held in trust, with an LLC instead of an individual as beneficiary.  The victim hires an "ambulance chaser" to represent him.  The attorney searches for assets, and sees the LLC has little to go after.  He advises his client to settle with the insurance company.  The victim wants to sue Mike personally, citing his lakefront mansion as an asset.  The lawyer informs the victim that Mike's personal property is off limits, as the apartments are held in trust, with the LLC as the beneficiary.  Mike knows his own home and property are safe, and that any judgement will be limited to the assets held by the trust.

Case Study #2

Lisa owns an single family house as an investment property.  She leases the property annually.  Her lease stipulates "No Pets."  Despite this, Peter the Meter Reader gets bitten by a dog on Lisa's property.  Peter hires a lawyer.

Peter's lawyer performs a property search.  He finds the property is owned by "Our House in the Woods" Land Trust.  The lawyer has to file suit against the Trustee, who is out of state.  The Lawyer cannot find someone to depose.  He is unable to easily find out who is the beneficiary of the trust, who in this case, is an LLC in a third state.  He does find out who holds the mortgage: a loan company in a fourth state.

Peter asks his lawyer about using "service by publication" to get a judgement.  The lawyer tells Peter that this case is too involved, and is not worth pursuing on a contingency basis.  He tells Peter he can pay a large retainer, but the costs would most likely outweigh any financial benefits Peter would see.  

Case Study #3

Bob and Linda both live in a very small town, where everyone knows everyone else.  Bob and Linda both make their living as landlords, renting a variety of different types of housing.  Linda, however, uses Land Trusts for her real estate holdings; Bob does not.

Both Bob and Linda have the misfortune of hitting runaway dogs, Bob on the South-side, and Linda in the West End.  Both dog owners want to sue, so they see their small town lawyer, Mr. Lincoln.  Mr. Lincoln starts by running their names.  When Mr. Lincoln enters Bob's name into the database, he gets over 50 matches.  His eyes widen, and he says "I think we have a VERY good case here!"  I'll take your case on a contingency basis.  I think we can BOTH make a little money here.  Conversely, when Mr. Lincoln runs Linda's name, he gets zero results.  Linda's investment properties are all held in a Land Trust.  Mr. Lincoln says "I'm not really seeing any assets we can attach here.  I'm not sure we really have a case."

Case Study #4

Twins Harry and Larry's Aunt passes and leaves each twin a large sum of money. Each decides to use his share for a down-payment on a new house.  Both intend to finance the remainder with a typical mortgage.  Larry decides to go the traditional route, while Harry decides to use a Land Trust for his property.  Harry ensures the Trustee signs all of the financing documents.  Larry decides finance in his own name, and he signs all the loan documents himself.  The documents are recorded, and each brother moves into his own house.

Six months later, Larry calls Harry in a panic.  He needs to borrow some money from Harry, as all his own accounts have been frozen.  Larry confesses he has been the victim of Identity Theft, and because of this, his finances are a mess.  He needs Harry to cover him while he tries to straighten his financial mess out.  A year later, Larry is really lucky, as the police have actually managed to track down the identity thief. It's a disgruntled former lover of the Aunt's, bound for revenge, as he feels Harry and Larry inherited what should be rightfully his. The thief confesses that the twins' new houses angered him so much, he vowed to take them away.

The thief confesses he stole Larry's information from his public record mortgage documents.  Once he had Larry's address and personal information, it was easy to use social engineering to get what else he needed.  Obtaining a financial document with Larry's signature allowed him to practice his forging skills until it was easy to send letters in Larry's name, with a perfectly matching forged signature. He even used this information to file "Change of Address" notifications on several of Larry's existing credit cards. 

The thief confesses he wanted to steal Harry's information as well, but found it much harder to do. Despite knowing Harry's new address, the thief couldn't find Harry's information in the property database.  He could not find mortgage documents in Harry's name, nor easily find anything with his signature.  Because of this, he got frustrated and left Harry alone. When Larry discovers the Land Trust protected Harry from identity theft, he asks his brother to help him develop his own Land Trust.  

Case Study #5

Marie is a single lady who just happens to earn her living as a Landlord.  She owns multiple properties, each held in a Land Trust.  Marie buys a new apartment building, puts it into trust, then makes arrangements to not renew tenant leases so that she can renovate the building.  She appoints her attorney as Trustee.

Arthur is a tenant in Marie's new building.  He has lived there for several years and does not want to move.  Arthur decides to find the owner of the building to express his contempt at the prospect of eviction.  He finds the trustee's name in the courthouse records, stomps down to his office, and demands to speak with the owner of the property.  The lawyer responds "It's owned by a trust."  When the angry tenant demands the owner's name and address, the trustee replies "We are not allowed to give out that information."  When Arthur throws a tantrum, the trustee calls the Police and has him trespassed off the property.

Marie learned the hard way to put her properties into Land Trusts.  When Marie was just starting out, she was set up on a blind date.  She declined a second date with the individual, and the individual started stalking her.  This man looked Marie up in the property database and found she owned 5 rental properties.  Mike began hanging out at the rental properties, harassing her tenants for her personal information, trying to get to Marie through her tenants.  Marie sought the help and advice of a lawyer, originally to perhaps obtain a restraining order.  The lawyer suggested Marie start using Land Trusts, so that future stalkers could not try to terrorize her through her properties.  Today, running Marie's name in the property database returns zero results.  Marie managed to protect herself from harassment simply by the use of a Land Trust.

Summary

This week, we examined five different situations where using a Land Trust was extremely beneficial. These case studies highlighted the privacy and asset protections a Land Trust can endow.  We also saw how the use of a Land Trust can enhance personal security.

Thus far, we have focused on the use of Land Trusts for property investors.  We also discussed how Land Trusts are also being used for conservation, neighborhood enhancement, and affordable housing.  We’ve also looked at specific examples of how all types of Land Trusts are being used.

As always, we invite you to submit comment and feedback.  You may use the comment form below, or contact us on our Social Networks by using the Facebook, Twitter, and G+ links in the sidebar.  We also invite you to reach out to us through our websites, www.hartelawoffice.com or harterealestatelaw.com.   We welcome questions and comments about this series, about Land Trusts, or any other area in which we practice.  We want all of OUR readers, clients, and friends to be Harrys, NOT Larrys!

Real Estate Attorneys

Do I Need a Lawyer When Buying or Selling a Home?

When it comes to buying, selling, and transferring properties, most people think of Realtors, rather than attorneys.  However, failing to hire an attorney for your real estate dealings can be a huge mistake.  There are good reasons to hire an attorney for real estate transactions.

What do Real Estate Attorneys DO?

1. Contracts and Negotiations

When a potential buyer makes an offer to purchase a property, what usually happens next is a contract.  Many realtors have standard purchase contracts, and many sellers and buyers choose to use those boilerplate contracts, figuring they will save a couple of hundred dollars.  Savvy buyers and sellers, however, have their own lawyers draw up the purchase agreement.  Many times, an offer is made with several contingencies.  As either the buyer or the seller, you need to ensure these contingencies are appropriate.  You also need to negotiate the purchase price for the home.  An attorney is a skilled negotiator with his client's best interests driving the deal.  Conversely, a realtor just wants his/her commission with the least amount of work.  Generally, as a buyer, you will recoup your attorney fees in price negotiations.  As a seller, an attorney will help ensure you do not lose money by having potential buyers back out of a sale.  Your attorney will negotiate the type of contingencies the offer is dependent on as well.  If you are involved in any type of "bidding war," your attorney can help you determine when it is time to back away.

Even if you DO choose to use the Realtor's standard contract, an attorney can help you review and understand the contract BEFORE you sign it.  Often, a lawyer will help you modify this standard contract to better benefit you.

2.  Title Searches

Before a sale can commence, a buyer needs to be sure the seller actually has the right to sell the property.  Buyers also need to ensure the property is free from liens, judgments, and other encumbrances. Title searches are performed by attorneys. Again, many realtors offer to handle the title search, but it won't necessarily cost any less.  And should the title search find any liabilities, an attorney can negotiate to clear these.  He can provide documentation to the loan companies (which require clear titles) that the title has been cleared.  And he can negotiate the costs of obtaining clear title into the overall purchase price.

3. Property Research

Often times, a buyer has potential uses in mind for a purchased property.  Your attorney can research the property to see if it is appropriate for your intended use.  Can you subdivide a unit into a 2 family home?  Can you establish a home office?  Are there any zoning or licensing requirements?  What type of renovations does the current building code allow? Were there any unpermitted renovations that may come back to haunt you in the future?  A real estate attorney can research all of these issues for you BEFORE you enter into property negotiations.

Again, many people rely on their realtor for these types of questions.  However, realtors are not always honest or accurate in their answers.  A realtor is not bound by the same ethical code as an attorney, and there are few consequences for a realtor giving inaccurate zoning information to a prospective buyer.  It is far better to ask your Real Estate Lawyer to research these types of things while he is reviewing the other documents.

4. Document Preparation and Property Transfers

A Real Estate Attorney can draft and/or review all documents associated with a sale or purchase.  S/he can prepare "rent-to-own" agreements.  Your lawyer can prepare all paperwork necessary to complete the sale, including deed transfers, purchase contracts, financial agreements, etc.  An attorney can review all loan documents. These days, much investment property is owned by an LLC. Your attorney can help you form the LLC, as well as transfer properties to its ownership.  An attorney can also prepare and review leases, security deposit restrictions, property management contracts, etc. for your investment properties.  And, of course, s/he can help you with all of the paperwork associated with investment properties, including tax and licensing paperwork.

5. Filings and Document Recording

Almost all paperwork associated with real estate needs to be filed with the local courts.  And of course, your attorney will ensure all paperwork is filed and recorded in a timely manner.  An attorney is crucial in helping navigate the "who, what, where, and when" of property paperwork.

6. Litigation

Buyers and sellers always hope their property transactions go smoothly, but alas, this is  not always the case.  Often, issues crop us well after the closing date.  Should this occur with your transaction, you will be glad you worked with an attorney throughout the process.

Often, issues crop up around "defects' discovered well after the sale.  Sellers are legally bound to disclose "known defects," and Home Inspections are often performed to uncover defects not disclosed by the sellers.  Despite these precautions, sellers can find themselves in court, with buyers claiming unknown defects were actually known.  Many times, having had the same attorney handle the transaction from start to finish can prevent such issues from turning into litigation.  And of course, the costs will be lower as your attorney is already familiar with the intricacies of the case.

What Can Happen if I Don't Hire an Attorney?

There is no law that says you HAVE to hire your own attorney.  Many people decide to just work with a realtor, and in many states, a realtor cannot act as both the buyer's and the seller's agent.  This is purportedly to eliminate a conflict of interest and to ensure the transaction is in the best interest of both parties.  But the bottom line is most realtors are only interested in their bottom line.  If you don't hire an attorney, you may experience one or more of the following issues.

• You may not get the best price for your property.  That applies whether you are the buyer or the seller.
• You  may not understand all of the contingencies that may make the deal fall through.
• As a seller, you may fail to make disclosures; this could result in post-sale issues and even litigation.
• As a buyer, you may not receive all the disclosures to which you are entitled.
• The property may not be transferred correctly.
• The sale may not be recorded correctly.
• You may not be able to get licenses or permits to renovate and/or use the property the way you desire.
• You may end up with unexpected financial obligations, including tax liabilities, repair costs, etc.
• Your contracts and negotiations may not be in your best interests and may actually favor the other party.

Should I hire an Attorney for my Real Estate Deal?

Here at the Law Offices of Heath D Harte, we feel strongly that BOTH parties should retain counsel for all real estate transactions.  Most times, your lawyer pays for itself in terms of saving time and money.  It minimizes the stress associated with buying and selling property, and it ensures your interests are protected throughout the process and for years to come.

We encourage our own clients to engage us with every step in the process.  We want to help you with making or accepting an offer, all the way through closing and recording the documents.  For most of our clients, real estate is one of the largest purchases of their lives, and we want to help make it one of the most positive ones too.  We want to help you with every step of the process to ensure no detail is overlooked.

Our advice is to never be "penny wise but pound foolish." and failing to work with an attorney can result in just that.  In our opinion, the document and filing maze is justification for attorney involvement in and of itself.  We have seen many buyers and sellers get taken advantage of, and we are expanding our real estate practice in part, to help stop that.

Having legal counsel through an arduous process like this just makes sense.  We suggest you retain counsel to protect your interests and to ensure everything is handled according to state and local regulations.

So yes.  The bottom line is you really SHOULD hire an attorney to help with any and all real estate transactions.

Preparing Your Appearance For Court

Preparing Your Appearance For Court 

Playing To Win In Court In New York And Connecticut 

If you must appear to face criminal or motor vehicle charges in Superior Court or Juvenile Court in New York or Connecticut, the outcome of those court proceedings is very important to you. Your freedom and your future may be at stake. If convicted, you may face fines, jail time, revocation or suspension of your right to operate a motor vehicle, and a criminal or motor vehicle record. A criminal record will make it more difficult for you to be admitted to college, get a student loan, rent an apartment, find a job or enter the military. A serious motor vehicle record may result in the revocation or suspension of your right to operate a motor vehicle and increased motor vehicle insurance rates. Your appearance in court is serious business and you need to appear serious in court if you want to improve your chances for a favorable result.

You Only Have One Chance To Make A Good First Impression 

 The prosecutor, judge and jury, if you are at trial, will get their first impressions of you based on how you look; that is, how they see you dress and how they see you behave. A favorable first impression is invaluable. It influences how the prosecutor, the judge or the jury will like you, whether they will believe you and whether they will want to help you. You will be much better served if they like you, want to believe you and want to help you from the first time they see you. It will be much harder to get what you want if they don't like you and don't want to help you because you made a bad first impression. So, when you get ready for court in the morning:

• Wash up and pay attention to your personal hygiene and clothing. 
• Wear nice, clean, presentable and conservative clothes.

 For men this means a clean shirt with a collar (preferably light blue in color), clean pants without holes (jeans are OK but khakis without cargo pockets are better; pants should be worn at the waist, not below the hips) and clean shoes (sneakers are OK but dress shoes are better). Men don't need to wear ties, sport jackets or suits. For women this means a conservatively modest dress or blouse and skirt or pants (jeans are OK but slacks are better), clean shoes or sandals. Spending a few dollars to improve your wardrobe for court, even at a thrift store, may prove to be a very worthwhile investment in your future, so please consider it seriously.

• No clothing that reveals your midriff or your undergarments. 
• No bling showing! You can wear modest jewelry. 
• No heavy perfume, cologne or make-up. 
• No tattoos showing! If you have tattoos, cover them. When you are driving to court, parking your car, walking into the courthouse, waiting in the courthouse lobby or courtroom, talking to courthouse staff or anyone else in the courthouse: Be polite, respectful and courteous. Try not to offend anybody with loud talk or rambunctious behavior. 
• Turn off your cellphone and put away your MP3 player or iPod. 
• Be careful who you speak to and what you say, as you do not know who may be listening and you can safely assume that no conversation is private. It is important you watch what you say in the restroom, the hallway and in the courtroom itself, as you are under constant scrutiny. 

The Top 10 Biggest Mistakes In Injury Claims

Common Mistakes in Personal Injury Cases?

Not calling the police: 

If you do not call the police, there is no formal investigation of the accident. This applies especially to car accident claims. If the negligent party or driver denies liability later on, you may have a difficult time proving your case. By calling the police, an officer will interview all involved parties and witnesses, record their contact information, and write a ticket to the party at fault in car accident cases. 

Not getting witness contact information: 

Injury victims often fail to obtain the contact information of witnesses at the scene of the accident. If the witnesses choose to stay and speak to police, this is not a problem; however, witnesses often only stop long enough to make sure everyone is okay and then leave before the police arrive. The scene of the accident may be your only opportunity to get the contact information for any witnesses. Without this information, an insurance adjuster may deny liability and refuse to pay anything to you as an unrepresented injury claimant. 

Not fixing the property damage: 

Accepting and cashing a property damage check without first fixing the damages is another common mistake. The amount offered may end up being less than the amount it takes to fix the damage. Additionally, adjusters often send a check for less than the actual cost of the repairs and hope that you will decide not to repair the property. They can then argue that you were not really hurt and pay you little or nothing for your personal injury claim. 

Giving recorded statements without hiring an attorney: 

Allowing an adjuster to take a recorded statement without the protection and guidance of legal representation can result in serious problems. An adjuster can easily misconstrue your answers in a way that makes it appear as though you were not really hurt in the accident, or that you were partly or wholly liable for its cause. An adjustor's job is to save the insurance company money and he or she will do anything he or she can to do so. 

Signing releases: 

Injured accident victims often sign releases for property damage, only to find out that it was actually a general release that settles any and all claims. After signing such a release, a personal injury claim is no longer possible. Do not sign anything without consulting an excellent injury lawyer. 

Trying to negotiate your claim without a lawyer: 

It may not be a requirement to be represented in a personal injury claim, but that does not make it any less necessary. Insurance adjusters often set the reserves (the value of the case) much lower when a victim is not represented. Verbal settlements are enforceable in Connecticut and New York, and self-represented injury claimants often "settle" their claims verbally on accident, without really intending to settle it. Hiring an experienced personal injury lawyer can prevent this. 

Not using Med Pay: 

Med Pay is health insurance coverage for anyone in your car who is hurt in a car accident, or for you if you were hurt while a passenger is someone else's car. This insurance pays for your medical treatment with any doctor without co-pays or deductible. The amount of your coverage depends on how much you purchased in your policy. 

Not using health insurance: 

This is a mistake since many hospitals and doctors require payment soon after medical treatment is provided. If you do not pay it, the bill is often turned over to collections. Using health insurance, you will pay for your treatment as you go. This can greatly increase the total amount you will net out of your personal injury settlement. Good personal injury attorneys can often negotiate away or negotiate huge reductions in any health insurance subrogation claims. 

Not using uninsured motorist coverage: 

Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage protect individuals who are hit by motorists with little to no insurance of their own. Any remaining balance after the liable party's insurance runs out will then be covered by your own insurance. Normally, your rates do not rise when you use UM or UIM coverage. You must have this coverage under your insurance policy, however, in order to obtain coverage for your damages. 

Not getting medical treatment: 

Just because you do not have health insurance does not mean that you shouldn't get medical treatment. If you do not get treated, an insurance adjuster may argue that you were not really injured and deny you coverage. Good personal injury attorneys can get you to doctors who treat on a lien. They can also get you pain management and surgeries using medical funding companies. It is also important to avoid long gaps in treatment, once more to prevent adjusters from claiming that your injuries are nonexistent or less severe than they truly are. 

Other mistakes:

Not consulting with a Lawyer:

One of the biggest mistakes you can make is trying to handle a personal injury claim on your own.  Most likely, your award will be far less than you deserve. This applies in ALL injury cases, including auto accidents, negligence claims, slip and falls, etc.   You may miss an important mistake in the claims process and end up not getting anything at all.  A skilled attorney can ease the process, lessen your stress, and maximize your awards.

Not filing in a timely manner.  

Injury claims have strict statutes of limitations.  You MUST ensure your claim is filed within the 2 year period allotted.  If you do not file EVERYTHING in a timely manner, your claim will be denied.

Consult With A Personal Injury Attorney Near You

A good attorney wants to help you win a full recovery of your personal injury damages. However, any lawyer can more easily fight for you if you do not make these mistakes when the incident occurs. An attorney can still help you, even if you have made some of these mistakes, but it is likely that any award may be smaller.  It is best to be proactive and learn not to make these mistakes before you are injured.

Of course, here at the Law Offices of Heath D. Harte, we have decades of experience.  We will skillfully assist you in avoiding these common mistakes. And we will help mitigate the damages caused if you have made any of these mistakes. We treat each client as part of the family and will support and guide you through each step of your injury claim.  

If you are in the New York or Connecticut area, we can help you with your injury claim.  Contact us now to schedule your free consultation and speak with a lawyer. You only have two years to file a personal injury claim under the statute of limitations, so contact our firm right away!