Altizer and Altizer

New Hours of Service for Commercial Trucks..........

2012-02-29T12:00:00.001-08:00

The American Trucking Associations filed a petition for the U.S. Court of Appeals for the District of Columbia to review the Federal Motor Carrier Safety Administration’s final hours of safety rules. The new hours of service rules (HOS) reduce by twelve hours the maximum number of hours that a commercial truck driver can work within a single week. Under the old rules, the drivers could work on average 82 hours per week. The proposed HOS rules reduced that number to 70 hours per week and mandate a thirty-minute rest period within every eight hours worked. The new rules let stand the 11-hour daily driving limit within a 14-hour, non-extendable window from the start of the workday, following 10 consecutive hours off duty, which advocates had opposed because of possible risks to public safety on the highways.

Bettina Altizer- Attorney at Law

Altizer and Altizer

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

Some Tips for Choosing a Long Term Care Facility

2012-02-24T12:59:00.000-08:00

The Joint Commission has some tips for choosing a nursing home or other long term care facility. Such a decision should not be made hastily and without proper research. Here are some selected tips from the Commission, which should give you a good start:

How is the organization staffed during evenings and weekends? How many nurses are on duty? What is the ratio of nursing assistants to residents? How are medical situations handled that are beyond the organization’s capabilities?

Do you know the organizations philosophy about end-of-life decisions? Are residents and their families involved in decisions that will prolong life with artificial means?

Does the organization have a resident and family council? How are often are the meetings? How does management deal with suggestions from the councils, families, and residents?

Does the organization monitor itself or does it rely only on state oversight?

In an emergency, can the organization provide care or make arrangements for care to be provided?

These are just a few things to consider when you are faced with placing a loved one in a nursing home. Remember, you are placing the safety and well-being of someone very dear to you in the hands of staff and personnel that you do not know. Make no assumptions and do your homework.

Bettina Altizer- Attorney at Law

324 Washington Avenue

Roanoke, Virginia, 24016

540-491-0015

Have you been Affected by an Automobile Accident ?

2012-02-10T10:15:00.000-08:00

The Advocates for Highway and Auto Safety want to know if you have been affected by an automobile crash. Since 1989, this group has worked with “survivor advocates” to advance and protect highway safety legislation throughout the country. These “survivor advocates” have either personally been involved in an automobile collision or have had a loved one killed or injured in a car wreck.

The Advocates for Highway and Auto Safety are building a network of survivor advocates. If you would like to join their efforts to change laws and improve highway and auto safety, you can visit their website at www.saferoads.org to complete a form to join their survivor Advocates network.

If you have been injured in an automobile collision, please call us. At Altizer & Altizer, our mission is personal care for your personal injury. We have over fifty years of experience handling automobile wrecks. And when you make an appointment with one of our attorneys, you will meet with that attorney – not a paralegal. And there is no fee for an initial consultation at Altizer & Altizer. You can contact us at 540-345-2000 or toll free at 800-310-5777, or visit us at our website, www.AltizerLaw.com.

Protect Your Legal Rights with a Health Care Directive

2012-02-01T10:43:00.000-08:00

The Commonwealth of Virginia is preparing to launch a statewide Advance Health Care Directives Registry that will provide a free, secure tool to store important documents that protect your legal rights and ensure your medical wishes are honored if you are unable to manage your own care. These documents would include your advance medical directive or medical power of attorney, do-not-resuscitate orders, and other specifics of your health care wishes.

While development of the registry is virtually complete, there have been unforeseen administrative delays. The draft regulations are expected to be put to an expedited public comment period in January, which would enable the launch of the registry 60 days later.

The December 2011 issue of Virginia Lawyer reported that without advanced planning, health care decisions are left to family members. This Registry will relieve loved ones of that burden and ensures that your loved ones and your health providers know what your wishes are in the event that you become incapacitated and unable to make your wishes known. When you sign up for the registry, you will enter basic information, create an account, and select a password and PIN. You will then receive an identification card containing your personal registry information so that health care providers can access your information. Your information can also be shared with family and loved ones.

To sign up for this registry, visit https://www.virginiaregistry.org. If you do not have a computer, you can still participate in the registry by calling 1-800-224-0791.

Bettina Altizer- Attorney at Law

Altizer and Altizer

324 Washington Avenue

Roanoke, Virginia, 24016

540-345-2000

Thought for the Day

2012-01-07T09:13:00.000-08:00

Thought for the day:

"I was blessed with parents who taught that one must always declare honesty and integrity in dealing with others to be the guiding principle, and to understand that failure to do so results in a loss of respect, not easily, if ever, repaired."

The Honorable Walter S. Felton, Jr.

Chief Judge of the Court of Appeals of Virginia.

Bettina Altizer- Attorney at Law

Altizer and Altizer

540-345-2000

Remove Metadata before Sending Files !!!!!!!

2012-01-06T10:16:00.000-08:00

Alan S. Goldberg offers a word of caution in an article that he authored in the December 2011 Virginia Lawyer publication of the Virginia State Bar. Mr. Goldberg cautions that sending a file to someone by email without first removing the metadata (this is hidden information within the file that can be seen by someone who knows where and how to look for it) can allow preliminary drafts and client information to be shared with the recipient. This includes prior versions of the file, including what was changed or deleted, and who the file was originally created for unless the metadata is removed.

There are many programs that can remove metadata from your files. .Here is a link from Microsoft that provides instruction and details on removal of these metadata files for Word .Removing Medadata Files

Bettina Altizer

Altizer and Altizer Law

540-345-2000

Law in Society Essay Contest

2012-01-02T09:10:00.000-08:00

Attention Virginia high school students – the Virginia State Bar’s Litigation Section has been sponsoring a Law in Society essay contest for the past 20 years. This is an opportunity to win some cash with your interest in the law. The competition is open to public and private high school students as well as home-schooled students in the 9^th-12^th grades. The intent is to increase awareness and appreciation of our legal system among high school students. Awards go to students whose essays best demonstrate a superior understanding of the role and value of our legal system in our everyday lives according to Gordon Hickey in the December 2011 edition of Virginia Lawyer. The 2012 hypothetical will be about bullying and concerns a middle school girl who is the victim of harassing posts on social networking sites. See http://www.vsb.org/site/public/law-in-society-hypothetical for more information. The deadline for essays is February 15, 2012.

Bettina Altizer- Attorney at Law

Altizer and Altizer

540-345-2000

Don't Lend Out Your Car

2011-12-20T08:16:00.000-08:00

What happens when you lend someone your vehicle and they are involved in an automobile collision?
First, there is the inconvenience to you in not being able to use your vehicle because your vehicle has to be repaired.
Second, you have to deal with an insurance company. It might be the insurance company for the person who caused the collision, or it might be your insurance carrier if the other person did not have insurance coverage. It might be your insurance company because the person that caused the collision is the friend that you let drive your vehicle. Oh my, this is not a comfortable situation.
Third, if your friend caused the collision and a lawsuit is brought against your friend, you and your insurance carrier can end up being involved in a litigation process that drags out for years.
Think twice before letting someone borrow your vehicle.

Bettina Altizer
Altizer and Altizer Law Firm
324 Washington Avenue
Roanoke, Virginia, 24016
540-345-2000

Puppy Day !!!!!!!

2011-12-13T09:29:00.000-08:00

The Washington Post reported that the George Mason University Law School has a unique way of diffusing the stress of final exams. They partnered with a local animal rescue group for “Puppy Day,” so that stressed out exam-takers could take a needed respite from their studies. The Post reported that the attention-starved puppies loved the attention, too!

Don't be Fooled into Settling Your Accident Claim with your Insurance Company

2011-12-09T08:33:00.000-08:00

If you have decided to handle your automobile accident claim on your own, do not be fooled into thinking that the at-fault driver’s insurance company will protect your interests. Virginia Lawyers Weekly reported in its December 5, 2011, issue that a married couple was injured in an automobile collision. The couple claimed that they accepted offers of settlement from State Farm Insurance Company. Pursuant to their agreement, the couple refrained from suing State Farm’s insured. Unfortunately, the two-year statute of limitations expired, and State Farm thereafter sent the couple a letter purportedly withdrawing the offers of settlement. The couple has sued State Farm alleging breach of an oral agreement, fraud, and unjust enrichment. Because these injured persons did not consummate the settlement of their claims or file suit against the at-fault driver before the statute of limitations expired, they lost their right to pursue their personal injury claims. That is why at Altizer & Altizer, we encourage you to call us if you are involved in a serious automobile collision. We are located in Roanoke, and we serve Southwest Virginia and surrounding areas. Please call us at (540) 345-2000, or visit our website at altizerlaw.com. One of our attorneys would be happy to speak with you.

Scam Alert

2011-12-07T12:37:00.000-08:00

The Roanoke Times is reporting that the Better Business Bureau has issued a scam alert cautioning businesses and consumers about an email with the subject line, “Complaint from your customers,” that looks like it is from the BBB but is fraudulent. If you receive such an email, you should ignore it and delete it immediately. If you have opened the email and clicked on any of the links within the email, which will take you to a non-BBB website, you should run a full virus scan of your computer. The return email address is riskmanager@bbb.org, which is an address that the BBB does not use. Other fake email addresses that have been used by the fraudulent senders are alert@bbb.org, service@bbb.org, risk@bbb.org, admin@bbb.org, manager@bbb.org, and info@bbb.org. Anyone who receives such an email should forward it to phishing@council.bbb.org and then delete it as the BBB is working with law enforcement to determine who is sending the fraudulent emails. For more information, you can call the BBB at (540) 342-3455 or visit their website at www.bbb.org.

Bettina Altizer- Attorney at Law

540-345-2000

Protect Your Privacy with Your Healthcare Providers

2011-12-01T08:33:00.000-08:00

Privacyrights.org is a nationally-recognized consumer education and advocacy nonprofit organization, which is dedicated to protecting the privacy of American consumers. Here are some excellent tips from their website on how to protect the privacy of your medical records:

A. Discuss your confidentiality concerns with your doctor. If you want a specific condition to be held in confidence by your personal physician, bring a written request to the appointment that revokes your consent to release medical information to the insurance company and/or to your employer for that visit. You must also pay for the visit yourself rather than obtain reimbursement from the insurance company.

To be especially certain of confidentiality, you may need to see a different physician altogether and pay the bill yourself, forgoing reimbursement from the insurance company. Realize that under HIPAA, your attempts to restrict the sharing of specific records can be denied by the health care provider.

B. Ask your health care provider to use caution when photocopying portions of your medical records for others. Sometimes more of your medical records are copied than is necessary, for example, when requested by the insurance company or another health care provider.

C. Find out if your health care provider has a policy on the use of cordless and cellular phones and fax machines when discussing and transmitting medical information. Wireless telephones are not as private as standard "wireline" telephones. Because they transmit by radio wave, phone conversations can be overheard on various electronic devices. Digital systems are more secure. (See PRC Fact Sheet 2: Wireless Communications)

Fax machines offer far less privacy than the mail. Frequently many people in an office have access to fax transmissions. Staff members at all levels of the organization should take precautions to preserve confidentiality when sending and receiving medical documents by fax machine. (See PRC Fact Sheet 12: Checklist of Responsible Information Handling Practices)

Your medical information is not confined to health care institutions. Here are some additional situations where you must be careful to protect your privacy.

D. If your records are subpoenaed for a legal proceeding, they become a public record. Ask the court to allow only a specific portion of your medical record to be seen, or better yet, not to be open at all. A judge will decide what parts, if any, of your medical record should be considered private. After the case is decided, you can also ask the judge to "seal" the court records containing your medical information.

E. If your employer is self-insured, the human resources department is likely to have information about any health-related claims that you file. If you are concerned about the privacy protection policies and practices of your employer, talk to the appropriate administrator. You should consider following up with a letter to the head of the department that handles health-related information. Diplomatically stress your desire for all of your health information to be handled with the utmost confidentiality. Keep a copy for yourself, filed at home.

F. Think twice before filling out marketing-related questionnaires. They commonly contain sections that ask for a great deal of family health information. The loss of your medical privacy is a high price to pay in exchange for a few free coupons or a chance to win a contest. For more information, read the PRC' s 2001 testimony to the Federal Trade Commission.

G. Before participating in health screenings offered in shopping malls and other public places, find out what uses will be made of the medical information that is collected. If you are not given the opportunity to say "no" to the sharing of your medical information with others, don't participate.

H. Use caution when visiting health-related websites and when participating in online discussion groups.

· Carefully read the privacy policies and terms of services of medical websites. Do not fill out registration forms unless you are satisfied with the web operator's privacy policy.

· Use a pseudonym when participating in chat rooms and online forums.

· Before sharing personal information with a health website, find out if it participates in a web seal program such as TRUSTe, URAC Health Web Site Accreditation, HON (Health on the Net) and BBBOnline.

· Remember, companies can change their privacy policies at any time. And if the company goes bankrupt, its data base of user information could be sold to the highest bidder.

I. Establish your own history of treatment. If you decide to change physicians or health care organizations, it is a good idea to obtain copies of your medical records. Physicians may retire, move out of state or merge practices with other physicians. Health care facilities may merge with another facility or even go out of business following bankruptcy. Get copies of medical records while you can. Don't count on your ability to get your records years after treatment. If your doctor or health care provider goes out of business, be sure to find out where they intend to store the medical records of their patients.

Although HIPAA does not require that medical records be kept for a set time, many states have such laws. To find out what your state has to say about retention of medical records, see the following American Health Information Management Association (AHIMA) Practice Brief: Retention of Health Information.

J. If your employer offers an employee health or wellness program, an EHP, ask about any established privacy policy. You want to know whether your progress reports will be maintained by an outside consultant or made a part of your permanent personnel file.

K. Be on guard against employers or health insurers that ask for your permission or require you to submit to genetic testing. A 2008 federal law, the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and most health insurance plans from denying you employment or health benefits based on genetic information. In addition, on October 9, 2009, the U.S. Department of Health and Human Services, joined by the U.S. Department of Labor and U.S. Department of the Treasury, issued interim final rules implementing GINA’s nondiscrimination provisions. Among other things, HHS has determined that genetic information, like other health-related information, is subject to the privacy protections of HIPAA.

The interim final regulation can be found here: www.hhs.gov/ocr/privacy/hipaa/understanding/special/genetic/ginaifr.pdf

In addition, the non-profit organization Council for Responsible Genetics (CRG) has extensive information available on privacy and genetics. CRG’s website also includes tips on how to protect your genetic privacy. www.councilforresponsiblegenetics.org/geneticprivacy/tips.html

Bettina Altizer- Attorney at Law

Altizer and Altizer

540-345-2000

For the Upcoming New Year.....Stress Management ....

2011-11-22T07:29:00.000-08:00

Stress is energy. You can choose to put a negative spin or positive spin on it.
Stress is all around us everyday – at our job, through the interaction with others, dealing with our loved ones, no matter how much we love them, with loss, with gain – stress is everywhere and it surrounds us.
Stress is positive as it motivates us to accomplish our tasks and to be, therefore, productive. Stress, if one allows, can also be destructive – left unchecked and unmanaged, it can insidiously cause physiological problems, it can provide an excuse to violate one’s core beliefs, and it can manifest itself in undesirable behavior.
How do we manage this stress beasty and become its master? First, we welcome it – remember it can be a great motivator. Then we manage it. Ah, well that is the trick, isn’t it? As a suggestion, here is a three-pronged management plan:
1.         The Proactive Positive Plan of Action. Develop a proactive positive plan of action (ppp, for those who like acronyms) of converting the negative stress into positive stress. We begin with the idea that stress is just energy. When stress that can be easily converted into negative energy comes your way, have a proactive positive plan of action on board to convert it into positive energy. Here are some examples: when you feel stressed, have a pre-programmed plan to walk around the block and admire nature; or hit the gym; or call a friend who you know will soothe your stressed spirit; play with your puppy dog; stroke your child’s head and say how grateful you are for your child’s life. The point here is to choose the PPP ahead of time before the stress hits, so that you have a “positive place” to take the stress when it comes. This also helps to rewire old habits and negative response patterns to stress. As an example, if you turn to food when you feel stress, you can replace that negative energy/habit with a PPP. But keep in mind that this will take time, so be patient, diligent, committed to your new PPP.
2.         The Daily Journal of Gratefulness. At the beginning and the end of the day, have a journal by your bed and write in the journal one thing that you are grateful for – and I mean one thing. This is not to add stress to your life so I do not want to suggest that this should be a huge commitment. Have a journal dedicated only to this idea. If you miss a day, oh well – there is no guilt associated with missing a day. But commit to its overall principle and goal.
3.         The Positive Affirmations from Your Core Command Center. I am a firm believer that the stress that is converted to negative stress is linked to low self-esteem. people who love themselves, are proud of themselves, feel like they have value have a tendency to intuitively convert that stress into positive results and already have in place positive outlets for that energy. People with low self-esteem have a tendency to have a whole host of rationalizing techniques to “allow” themselves to engage in negative behavior. This suggestion to manage stress is a process – first, build your core beliefs – what and who you are as derived from your basic beliefs that command your life. In other words, what do you stand for in life. You can call it, if you like, your core command center (CCC). Examples of this are: I believe in honesty – I am committed to being an honest person; and I believe in loyalty – I am committed to being a loyal person to my family and friends.   Develop and determine your core command center – write it down, keep adding to it, and keep it with you. Keep it in your wallet, your purse, but keep it on your person. It is in “development” as it takes awhile to get in touch with the CCC and “download” that information – but its there. You think it would be easy but it takes both conscious and subconscious thought. When you become aware of your core command center, then it is time to create daily positive affirmations from your CCC. Pick three positive affirmations (and you can change them around – but three is good number) and post them where you can see them – like your mirror in your bathroom or in your car and repeat them often through the day. Examples of positive affirmations are: I am a beautiful person; I am full of love; I have infinite value; I have abundant positive energy . . . and so on. By determining your core beliefs, and then crafting positive affirmations from those core beliefs, you can help yourself rewire your set negative responses to stress and provide a foundation for a positive approach to stress.

Bettina Altizer- Attorney at Law
Altizer and Altizer
324 Washington Avenue
Roanoke, Virginia, 24016
540-345-2000

Dr. John Risher - What an Amazing Man

2011-11-16T12:17:00.000-08:00

As a UVA alumni and someone who is passionate about the sport of football, I wanted to share a story by Doug Doughty in The Roanoke Times about Dr. John Risher of Lynchburg, Virginia. He is a centenarian at the age of 101, who has been tracking UVA football statistics since 1957. He has missed only one home game in the past 54 years, and that was the 2011 season opener. Pneumonia kept him away. Dr. Risher was suited up but did not play in the first football game played at Scott Stadium, which opened 80 years ago this past October. Dr. Risher played in the opening game of the 1931 season when the Cavaliers defeated Roanoke College. The end was injured, so the coach put him in. But he never played again. Dr. Risher remembered that game well – it was UVA’s only victory in a 1-7-2 season. He played tennis until he was 85, and then started playing golf, which he gave us at the age of 90. What an amazing man!

Do you Have Sufficient Insurance Coverage if You have an Automobile Accident

2011-11-16T08:31:00.000-08:00

We would never depend on some stranger to protect us and our families, would we? Well, that is exactly what you are doing if you do not have enough automobile insurance coverage. If you look at your policy, and specifically, what is called a Declaration Page, it will tell you the amount of your coverage for uninsured and under insured claim. This type of coverage is the most important coverage that you have on your policy. This coverage will cover you if the person who hits you and causes your personal injury has either no insurance coverage or has insufficient coverage to pay for your damages. I have never met a client who says that their auto insurance agent explained what these types of coverages are and their significances to his or her financial health and well-being.
Virginia requires only a minimum auto coverage of $25,000.00. Virginia has not changed this amount since the early 1970′s!! This really, in and of itself, is outrageous, and Virginia miserably fails to adequately address the needs of its citizens. But that is the system that we have, until we change it. So you have thousand’s of drivers driving with only minimum coverage and you, through your own pocket and/or through your own auto insurance insurance coverage, must pick up the balance of the debts and damages created by a moderate to severe auto wreck. Again, this is outrageous, and we all should get up in arms about this but insurance company lobbyists are powerful — the insurance companies have their way in keeping the minimum limits very low so that they can sell policies at a premium but can keep their company’s exposure to a minimum. Again, we, as VA. citizens, are not considered in this determination.
Additionally, I will report to you that we have so many drivers who have no insurance at all, and its on the increase. Driving without auto insurance is illegal, but our society does not punish these folks enough. They may get a ticket, may pay a fine, and then off they go, driving again. And many times, they don’t even have a driver’s license.
So what do you do? You have to protect yourself. Go to your insurance agent and request that your coverage be increased. It is surprising how little extra money that it costs to have medium to excellent coverage. These days, if you can afford it of course, I would have no less than $500,000.00 coverage — not only for the bodily injury side of things but also for the uninsured and under insured coverages. And that’s at minimum. But buy as much as your family can afford as this potentially will save you and your family from great heartache that I see daily because an individual seriously hurt in an auto wreck does not have enough insurance available.
If you have any questions at all, please call Bettina at (540)345-2000 or you can email me at baltizer@altizerlaw.com. At Altizer & Altizer, we want you to be safe, and well-insured in case something does happen to you and/or your family member.

If You Think Your Seatbelt Will Always Protect You- Think Again..........

2011-11-09T08:34:00.000-08:00

The 5^th Circuit Court of Appeals has ruled that Hyundai was liable for the death of a 19-year-old front seat passenger who was ejected from her reclined seat in a rollover crash. If you believe that your seatbelt will protect you for any reason if you are involved in an automobile wreck, think again. There is a serious risk of injury or death when a front seat passenger is in the reclined position. Our vehicles are much safer than in years past, but they are and never will be foolproof. Assisting clients who have been injured in automobile collisions is but one of the legal services that we provide at Altizer & Altizer. If you are overwhelmed with the process of navigating the maze of your personal injury claim, please call us. We can remove the stress and worry, which gives you the time and energy to recover from your injuries. You can contact us at (540) 345-2000 or toll-free at (800) 310-5777, or you can visit our website at altizerlaw.com. One of our attorneys would be happy to speak with you.

From Lawyersonline.com

Auto Accidents in Virginia- It's Not Time to be a Tough Guy

2011-11-07T07:20:00.000-08:00

You are sitting at a stop, waiting to make a left-hand turn, when suddenly a driver slams into the rear of your vehicle at thirty-five miles per hour. Your first reaction is that you are stunned and trying to figure out what just happened.
Your second reaction may be anger that the other driver was not paying attention and has crashed your vehicle. You call 911 to report the accident. The officer responds as well as the ambulance. In all of the chaos, someone asks you if you are injured and want to be transported to the hospital. At the time, your adrenalin is pumping and you do not believe yourself to be injured, so you decline. You car is towed, and you make your way home.
Once you have a chance to calm down, you begin to notice pain and discomfort that you had not noticed at the time of the collision. You decide to tough it out. Maybe you will feel better in the morning. Well, you don’t. Your pain gets worse, but still, you try to stick it out – hoping against hope that it will all go away. You do not want to miss time from work, you do not want to sit in the emergency room, and you do not want to incur medical bills. But your pain does not go away. It is getting worse. Let’s say a week or two down the road, you are still in pain, and you decide that you can’t tough it out any more. You go to your family doctor. You are diagnosed with a sprain/strain injury. You are given medication and told to return if your condition does not improve. It doesn’t. You return to the doctor and are sent to physical therapy. This does not ease your pain, and you are referred for an MRI. The MRI shows a herniated disc, and you are referred to a neurosurgeon. She recommends surgery.
So all the while that you were trying to tough it out, you were giving the at-fault insurance company the ammunition they need to devalue your claim. If you are injured in an automobile collision, it is important that you seek medical attention for your injuries. It serves no purpose to try and “tough it out.” You may have a serious but as yet undiagnosed injury. And you could be hurting your claim.
The bottom line is that you are your own best advocate. No one can take better care of yourself than you can.
Call us at Altizer & Altizer, your Legal Team for Personal Injury. We service all of Southwest Virginia including: Roanoke, Salem, Vinton,Franklin County, Botetourt, Montgomery County, Blacksburg, Bedford, Galax, Hillsville, Pulaski County, just to name a few jurisdictions. Call us at 540-345-2000 for A&A Legal Team — personal injury, auto collisions, and medical malpractice.

Should My Business Be an LLC or an S Corporation?

2011-10-31T09:52:00.000-07:00

With unemployment and economic woe on the rise more people are putting their own shingle out by starting their own small business in an attempt to alleviate the financial burden. Many individuals choosing to blaze this path are confronted with some difficult decisions. One of the first decisions involves selecting the appropriate legal structure for their new business. Among the choices available to new business owners, the most popular legal structures include the limited liability company (or LLC), and the S corporation.
So what is an LLC and how is it different from the S corporation? An LLC is an unincorporated association whose owners cannot be held personally liable for the debts of the company. It operates to protect the owner’s personal assets from the LLC’s creditors. Similarly, corporations including S corporations also endow upon its owners a “corporate veil” that acts like a shield, guarding the personal assets of its owners called shareholders from the liabilities and debts of the corporation. In addition, the LLC and S corporations alike receive preferential tax treatment when compared to other legal structures. The reason for this is that the two entities are both treated as “pass-through” tax entities.
The LLC is different from the S corporation in that the formalities required to create and maintain the entity are generally less cumbersome. Flexibility is the key advantage that the LLC holds over the S corporation. The S corporation requires a lot more oversight. There are strict record keeping and reporting requirements, restrictions on ownership and management, and even distributions of profits are subject to limitation. The LLC however is free from many of the limitations and restrictions that encumber the S corporation. There are fewer record keeping and reporting requirements, operational control is flexible in that it can be member managed or manager managed. Ownership and profit sharing is also much more flexible because unlike an LLC, S corporations like any other corporation, require that profits are distributed in proportion to stock ownership.
The bottom line is that you must be aware of the specific situation and circumstances that affect your particular business. An LLC or S corporation may be the right choice for your company and it may not. There is no such thing as “one size fits all” in selecting the appropriate legal structure for your company. Either an accountant or an attorney can assist you in choosing the right structure for your business.
If you have any questions concerning the LLC or S corporation, feel free to contact us, and talk to one of our outstanding attorneys like Bettina Altizer. The Law Firm of Altizer & Altizer is located at 324 Washington Ave., Roanoke, VA 24016. We are honest, diligent, and competent, Virginia lawyers proudly serving all of Southwest Virginia, including Roanoke, Salem, Christiansburg, Blacksburg, Martinsville, Lynchburg, Lexington, Covington, and Clifton Forge and Botetourt County, Montgomery County, Giles County, Franklin County, Pulaski County, Floyd County, Bedford County and all surrounding communities. Our Firm handles personal injury, medical malpractice, automobile accidents, civil cases, family law, and business law.
Bettina Altizer- Attorney at Law
540-345-2000

Welcome to Terri Luzynski as part of the Altizer and Altizer Team

2011-10-28T09:16:00.000-07:00

Terri Welch Luzynski was born in Jeffersonville, IN and raised in Louisville, KY. She graduated, summa cum laude, from Kentucky Wesleyan College in 1981 with a B.A. in English and Political Science. She received her J.D., with honors, from Harvard Law School in 1984. Terri moved to Charlottesville, VA to accept a judicial clerkship with the Hon. James H. Michael, Jr. in the United States District Court for the Western District of Virginia.

After practicing law for several years with the Charlottesville firm of Boyle & Bain, Terri established her own firm, focusing on juvenile and domestic relations law. She also served as a Lecturer of Law/Supervising Attorney for the Family Law Clinic at the University of Virginia School of Law for ten years. Terri was the President of the Charlottesville Area Women’s Bar Association and was recognized as one of Charlottesville’s Top 100 Volunteers in 1991 for her work with Charlottesville’s Shelter for Help in Emergency.

Terri moved to Roanoke, VA in 2001 and practiced with Altizer & Altizer until 2003. She then took a seven year leave of absence from the practice of law to pursue her interest in Christian Education and children and youth ministry. Terri served two churches in the Roanoke Valley before returning to practice law with Altizer & Altizer.

Admitted: Virginia State Bar 1986

U.S. District Court for the Western District of Virginia 1987

U.S. Court of Appeals for the Fourth Circuit 1987

Law School: Harvard Law School J.D., cum laude, 1984

College: Kentucky Wesleyan College B.A., summa cum laude, 1981

Altizer and Altizer- Attorneys at Law

540-345-2000

The Blue Ridge Regional Crash Team

2011-10-20T07:55:00.000-07:00

Jorge Valencia of The Roanoke Times reported on October 19, 2011, about a regional partnership allowing area police officers to apply new techniques and technology to traffic crash investigations. The Blue Ridge Regional Crash Team provides the training to officers who in turn help other officers with their expertise or specialized equipment that is too costly for every department to own. Officers from the Bedford Police Department consulted with peers from Lynchburg and Roanoke County Police Departments on two fatal crashes in Bedford this year. The crash team also produces studies, one of which in 2009 identified careless driving as a leading cause of fatal car crashes involving young drivers between the ages of 15 and 20. The team is currently studying crashes involving elderly drivers.

Bettina Altizer- Attorney at Law

Altizer and Altizer

540-345-2000

Downside to Structured Settlements

2011-10-14T07:19:00.000-07:00

In the harsh economic reality in which we live, automobile accident victims are sometimes lured by unscrupulous companies to sell their structured settlement payments or annuities for a quick, lump-sum payout that offers only a fraction of the money to which the injured person would otherwise receive. Sometimes you have no other choice. But, if you are thinking about selling your future structured settlement payments or annuities, here are some things to consider: (1) There are considerable financial consequences associated with selling your future payments; (2) you should explore all possible options before making the decision to sell your future payments; and (3) if you decide to sell, there are reputable companies you can work with. But, do your homework. Do not make a rash decision that could you hurt you more in the long-term that your perceived present difficulties.

Bettina Altizer- Attorney at Law

Altizer and Altizer

540-345-2000

Be Proactive with your Healthcare

2011-10-12T07:49:00.000-07:00

In a commentary published in the Fall 2011 Edition of The Safety Report,[1] Wayne Parsons advises cancer patients not to give up. Mr. Parsons suggests that many local oncologists are unlikely to know about the current state-of-the-art treatments being offered at some of the premier cancer treatment centers, including the Mayo Clinic, Johns Hopkins Medical Hospital, and the Anderson Cancer Center, to name a few. When his wife was stricken with a rare form of cancer, Mr. Parsons did his own research on the internet and found cancer centers that offered treatments that were not discussed with his wife. Mr. Parsons found that discussion forums were great sources of support and providing information about novel treatments and questions to ask physicians. There is a wealth of information on the internet. And while it is no substitute for the knowledge and skill of your physician, it certainly doesn’t hurt to be proactive and involved in your healthcare.

Bettina Altizer

Attorney at Law

540-345-2000

This is a great cause- The video is a lot of fun.....

2011-10-07T10:23:00.000-07:00

Employees of Blacksburg-based Lewis-Gale Hospital Montgomery have danced their way onto the Internet in the Pink Glove Dance competition. They joined with Virginia Tech's marching band, the Marching Virginians, and Tech's Spirit Program to produce a three-and-a-half-minute clip set to Pink's hit song "Raise Your Glass." LewisGale Montgomery is the only Virginia hospital among more than 130 competitors. The clip that receives the most Facebook "likes" at PinkGloveDance.com receives $10,000 for their charity. Lewis-Gale Montgomery chose Susan G. Komen for the Cure as its charity. By late Thursday, Lewis-Gale Montgomery had received nearly 10,000 likes, placing it among the top five.

http://www.youtube.com/watch?v=OEdVfyt-mLw&feature=player_embedded

Bettina Altizer- Attorney at Law
540-345-2000

Do you need Collision and Comprehensive Coverage ?

2011-10-05T12:48:00.000-07:00

Do you need collision and comprehensive coverage on your automobile insurance policy? Collision coverage pays for property damage to your vehicle when you are at fault for the accident. Comprehensive coverage pays for damage to your vehicle caused by an unknown party or an act of God. Dropping these coverages if you have an older vehicle can be a pretty good way of reducing your premiums. Before you drop the collision and comprehensive coverage to save on your automobile insurance premiums, here are a few things to consider. Automobiles cost more these days, but they retain their value better than they did in the past. This means that if your car is totaled or stolen, you would receive a bigger check from the insurance company. Also, many people are “upside down” on their vehicle loans, meaning that they owe more money on the vehicle than it is worth. An accident or theft could mean financial disaster. You could end up needing money to buy another vehicle while still owing thousands of dollars on the one that was wrecked. Last, if you do not have the funds to replace your vehicle, you could end up paying a higher interest rate and continue to be “upside down” on the loan for years. Insurance companies like to advise their insureds to drop collision and comprehensive coverage. But, if you are “upside down” on your vehicle loan or you do not have the funds to replace your vehicle if it is lost or stolen, you may want to maintain this coverage. The attorneys at Altizer & Altizer can assist you in sorting out the intricacies of insurance coverage for your auto accident claim. Our offices are located in Roanoke, Virginia. But we also serve clients in Bedford, Smith Mountain Lake, Lynchburg, Covington, Harrisonburg, Rocky Mount, Martinsville, Botetourt County, Blacksburg, and all areas surrounding the Roanoke Valley. Consult an experienced personal injury attorney if you have been injured in an automobile accident. Call us at Altizer & Altizer at 540-345-2000 or toll free at 800-310-5777 or visit us at our website, www.AltizerLaw.com.