Not all personal injury claims require the help and representation of a personal injury lawyer, especially if the injuries and claim is minor. However, there are some that would call for a lawyer, and you have to be able to know when you need to hire a personal injury lawyer during the different stages of the claims process. Here are some examples of when would be the most decisive time to hire a lawyer for your personal injury claim.
One reason you need to hire a lawyer if along the way of your claim process you have determined that the claim is too big or if the case has become too complicated to handle on your own. There may be a time where the claims process becomes too legally complicated or technical to be self-represented. You may also require the help of a personal injury lawyer if your injuries have been identified as long-term or permanent according to your doctor. Suffering from a long-term or permanent disability due to the injury can increase the value of the claim, and having a lawyer would assist in maximizing your compensation. Additionally, you might feel that you are inadequate or uncomfortable in handling the case on your own, and hiring a lawyer may be the best option for you to be represented in court. This is especially important if the claim reaches arbitration.
Another reason for hiring a lawyer is when you and the insurance company has reached a deadlock and can’t come to an agreement. This can happen to a number of reasons, the two main reasons being: the insurance company denies liability, or they deny the coverage for the accident. An insurance company may initially deny your injury claim in hopes of you either withdrawing the claim or getting frustrated to the point of giving up and dropping the claim. Likewise, they might also deny coverage and point out that the particular accident is not part or covered by their policy. Your lawyer would then demand a copy of their insurance policy to determine the truth of their claims, and because most provisions can have multiple interpretations, courts often favor for those who have been injured.
One more reason for a personal injury lawyer is when there is the need to argue over a specific legal rule. The involvement of a specific rule can greatly affect the outcome of a claim and could even result to it being denied. Hiring a lawyer like those at Ritter & Associates to sort out and plan the necessary defense could make the claim more aligned with the legal rule in question.
There are many reasons you may need to hire and work with a lawyer. No matter what the reason, there are some helpful tips you can use during your time with a law professional. The advice that follows will help you when you find yourself in need of a lawyer.
When you truly need a lawyer who specializes in a specific field, choose one. While you may have a lawyer who you trust implicitly, they may not know enough to truly handle your case in a manner which leads to a positive outcome. Ask that lawyer for who they might recommend instead.
Work with your lawyer to figure out the best time to get together with them. Some lawyers are hard to reach as soon as they are hired. Making your expectations known from the start will prevent this problem.
Lawyers are advocates for their clients. A lawyer may not say what you want to hear; however, they work for you and want a positive outcome to your case, says http://www.abelinjurylawyers.com. If you’re not comfortable with certain things, tell them so. While your lawyer is looking out for you, they have other cases too.
If you have any doubts about a lawyer you interview, find someone who makes you feel more confident. That is the case with their costs as well. Do not give your lawyer a blank retainer check with your signature on it. The lawyer you choose should be upfront about their fees and the time they will spend on your case.
As you can see, it’s not too hard to find and deal with a lawyer once you have more knowledge. The tips shared here are a good starting off point. Use what you learned and your time with a lawyer can be time well spent in order to win your case.
So you are going about your day, when all of the sudden you are injured out of the blue. You might find yourself asking why this happened to you and most of all, who will pay for this? The following article will help you get answers to these questions and more about personal injury. For more information, check out the website of the personal injury lawyers at the Able Law Firm.
When choosing a personal injury attorney, ensure that you are choosing a law office which has an entire department dedicated to personal injury. Meanwhile, it is common for law offices to pursue several different types of cases, it is important to choose an attorney who’s well versed in your niche.
Make sure that you gather all of the information you can from anyone that was involved in your injury. This means that you should get the addresses, names and phone numbers of the party that injured you as well as any witnesses that were on the scene. You should also take note of anything that is said during the time of the accident.
It’s not easy to win this type of case. That means you should only use an experienced lawyer. Find someone that has won several cases in this type of law to ensure that your case is properly handled.
Seek medical attention. If you find yourself injured, see a doctor as soon as possible. In addition to being good health advice, you will need the doctor’s diagnosis and paperwork from your visit as evidence. Make sure you document everything, and keep copies for yourself. Failing to get medical attention after an accident or injury can actually reduce the award amount in a personal injury case.
It can be devastating when you are injured and never even saw it coming. This is why it is so important that you get compensated for this unfortunate event happening to you. Hopefully after reading this article, you now feel more confident about what you should do in the event that you suffer a personal injury.
A tort is a wrongful act, and while it is not necessarily a crime, civil sanctions can be brought to bear against the actor depending on the circumstances. The term personal injury in the US is most often associated with physical forms of injury resulting from negligence such as a drunk driving accident resulting in serious injury or death.
Personal injury is also most commonly linked to slip and fall cases (premises liability) and defective drugs (product liability). But in all the cases mentioned above, a personal injury claim is based on the resulting bodily harm, and the compensation is computed based on the actual costs related to treating the injury, losses associated with a death, and everything in between including emotional distress as well as pain and suffering.
However, personal injury may also be non-physical, such as damage to one’s reputation through defamation. Defamation is defined as any spoken or written statement that negatively affects a person’s reputation, leading to economic losses and emotional distress. Defamation comes in two forms: libel (written form) or slander (spoken form).
For example, if a local business owner is accused by a client of fraud on Facebook, this may be considered defamation if it is not true, and the business owner sustains losses from the publication of this accusation, then the business owner may bring a personal injury suit against the client. However, while libel is considered more serious than slander, it is nevertheless quite difficult to prove. This is mostly because one of the elements of a defamation case is that the defendant acted with malice.
When considering filing a defamation lawsuit, consult with a personal injury lawyer to see if the case is eligible. Keeping in mind that as in most tort cases in the US, the laws may vary from state to state, choose a law firm in the area.
In an interview by Eugenio Scalfari, a Catholic-turned-atheist and now editor of the Italian paper La Repubblica, Pope Francis was quoted as saying, “I believe in God, not in a Catholic God. There is no Catholic God, there is God and I believe in Jesus Christ, his incarnation. . .”
Whoa! The Pope said that? Well, since the words have been printed on newspapers, magazines and in online articles, and with no denial from the Pope himself or from the Vatican, then he must have really said them.
To an average Catholic, these words can have a mind-blowing and shocking effect; to a non-Catholic, these words can be a statement to feast on, a chance to accuse the Catholic Church of going against its very own foundation, while the Pope, of being heretical.
Sadly, due to the interview (plus two other interviews, as well as to some of the contents of his homilies), he has been called names. In fact, in one website and in just one article, he had been called His Phoniness, the Unholy Impostor, Antipope Francis and Chaos Frank.
There were many other questions that the Pope answered during the interview, a couple of those are quoted below:
- “Proselytism is solemn nonsense, it makes no sense. We need to get to know each other, listen to each other and improve our knowledge of the world around us.” “. . . to get to know people, listen, expand the circle of ideas. The world is crisscrossed by roads that come closer together and move apart, but the important thing is that they lead towards the Good.”
- “The Lord has redeemed all of us, all of us, with the Blood of Christ: all of us, not just Catholics. Everyone! Even the atheists. Everyone! And this Blood makes us children of God of the first class! We are created children in the likeness of God and the Blood of Christ has redeemed us all! And we all have a duty to do good.” “Each of us has a vision of good and of evil. We have to encourage people to move towards what they think is Good.”
Now, what is wrong with these answers? What is heretical about them? Should the Catholic proselytize, that is, urge non- Catholics to convert to Catholicism? Or was our Lord Jesus Christ’s death meant to redeem only the Catholics?
In the Acts of the Apostles 8:26-27, Philip, who was on the road to Gaza, was commanded by the Spirit to “Go and catch up with that carriage.” Inside that carriage was an Ethiopian eunuch reading from the book of the prophet Isaiah. The eunuch invited Philip into his carriage to explain to him what the words of Isaiah meant; he was converted and baptized before the Spirit of the Lord snatched Philip away from his sight.
Another story tells about how St. Dominic debated all night with an Albigensian heretic inn-keeper, explaining to him the doctrines of the Catholic faith. In the morning, the heretic was found on his knees, repentant and brought back to the faith.
In both stories conversion took place, without any direct intention to proselytize. Couldn’t this be what Pope Francis really meant when he said that we should know, listen to each other and “improve our knowledge of the world around us?” And with regard to atheists, are they excluded from the redemptive act of Jesus? Certainly not! But why could have the Pope said, “encourage people to move towards what they think is Good?” Wouldn’t this be relativism, that is, good being subjective? If we have been created in the image and likeness of God, then surely, we would inherently know what goodness is and will be drawn towards it like we are drawn towards God.
The words of Pope Francis contained no heresies; yes, they were intriguing, but surely not heretical. Thinking deeply about everything he said, a discerning Catholic would see that his words were borne of knowledge inspired by faith. And, had he said anything heretical, wouldn’t the Catholic Church be the first to condemn him?
With at least 118,617 people waiting for organ or tissue donations annually in the US, this makes every donation a life-saving act. With to the scarcity of donors, however, about 18 people die every day due to failure in acquiring the organ that is also much needed by patients nationwide.
Due to the severity of the medical blunder wherein a good, viable kidney was accidentally thrown in a waste can, a lawsuit was filed against the University of Toledo Medical Center (UTMC) in Ohio by the Fudacz family. The scenario of the case involved Paul Fudacz Jr., 21 years old, who donated his kidney to his 24-year old sister Sarah, in August of 2012. Diagnosed with late-stage renal failure, Sarah was deeply relieved after finding out that her younger brother, a perfect match, was willing to donate the kidney that she badly needed.
The team at the UTMC, where the surgery was performed, included surgeon Dr. Michael Rees and two nurses, Judith Moore and Melanie Lemay. Records showed that Lemay, who took charge as Moore went on a lunch break, failed to update Moore upon her return regarding the status of the surgery. Unaware that the donated kidney was still contained in the slush machine, nurse Moore mistakenly emptied its contents even before the surgery was finished.
The doctors found out about the accidental disposal of the kidney already two hours after the incident and since their attempt to resuscitate the biowaste-contaminated organ proved unsuccessful, they decided against using it, but consulted with Sarah’s family and told them of another possible compatible donor. The needed kidney was found in Colorado three months after; during which, Sarah had to undergo dialysis treatment, extending her suffering and causing her, her brother Paul and the rest of the family deep worry and stress.
Despite covering Sarah’s travelling costs to Colorado where she had a successful organ transplant, the Fudacz family filed a medical negligence case against the hospital. Meanwhile, Judith Moore resigned within a month after the incident, while Melanie Lemay was dismissed from her job.
Miscommunication, or the lack of it, is one of the reasons why medical mistakes take place. There are other reasons why surgical mistakes happen, more complicated ones, but miscommunication is definitely one issue that can easily be solved with enough diligence on the part of all concerned.
By now, it should be a no-brainer to avoid driving while intoxicated. Despite widespread initiatives to educate the public about drunk driving, the National Highway Traffic Safety Administration estimates that around 10,000 people die from alcohol-related automobile accidents annually. That’s equivalent to twenty jets crashing every single year.
The recent Drive Sober or Get Pulled Over initiative for police to crack down on drunk drivers and reduce these statistics lasted from August 16 through last Labor Day weekend. The experiment was a success: 695 arrests were made during the two weeks, and due to this success, similar initiatives are planned for the holiday season.
Although changes like these are encouraging, drunk drivers are still on the roads, and still a major safety concern, especially for motorcyclists. Bikers simply don’t have the advantage of being protected by a seat belt and a massive metal box in the event of being hit by a drunk driver.
Motorcyclists should always practice defensive riding. However, in the event of being hit by a reckless or intoxicated driver, motorcyclists should always get the financial compensation they deserve. The Pete Leehey Law Firm, P.C. comments on its website that one of the most frustrating parts of being involved in a motorcycle accident can be trying to claim financial compensation from an insurance company. Some companies purposefully do their best to cheat victims and pay the minimum amount.
Furthermore, cyclists may also experience prejudice against them in the event of fighting for financial compensation after being hit. Pohl & Berk, LLP, points out on its website that juries may be biased against motorcyclists – even if the other party was entirely at fault.
Complications for motorcyclists involved in accidents may never fade, but it’s always smart to know your options and consider seeking legal representation if you or a loved one ever ends up in one of these situations.
Driving is rarely considered a huge risk. Millions of people commute back and forth from work every day without a second thought. In fact, the only case in which driving is widely considered a danger is in the middle of the night, because of drunk drivers. However, some people simply don’t make it home safe due to cell phone related distractions such as checking email, receiving a phone call, or texting. Habush Habush & Rottier S.C. ® state on their website that although some car accidents are simply an unavoidable mishap, most wrecks can be blamed on negligent actions.
According to the National Highway Traffic Safety Administration, texting and driving is six times more dangerous than drinking and driving. The NHTSA also states that you are 23 times more likely to crash if you text while driving. However, the practice simply hasn’t reached the same level of social stigma as drinking and driving. In fact, 34 percent of teens openly admit to texting while driving, according to textinganddrivingsafety.com. Clearly, younger generations simply don’t see texting and driving as a serious danger.
Despite the widespread social acceptance of texting and driving, the law is cracking down. According to “New Jersey court: Texting with a driver can get you in trouble, too,” an article in the LA Times, New Jersey appeals court ruled that if someone texts a person who gets in an accident shortly after receiving that text message, they can be held accountable for the damage. In this case, there must be proof that the person doing the texting knew that the recipient was driving.
In any case, victims of texting and driving may benefit from gaining legal representation.
Most people trip and get back up instantly, unharmed. However, some may experience recurrent medical issues or may even die from complications after falling.
When a slippery liquid or a misplaced object trips someone in public, the victim or the victim’s family may be entitled to compensation. In general, it is the responsibility of the property owner to ensure that the land or building is safe for others. However, determining if the property owner is at fault may be complicated. Laws on the subject are somewhat vague, and it is vital to prove the “reasonableness” of the property owner’s actions. If a property is not examined or cleaned regularly, for instance, and someone falls on a puddle caused by a leak, then the property owner may be held accountable for any consequent injuries. On the other hand, if that leak started the morning of the incident, the property owner may not legally be at fault.
Victims in most states must also prove that they were not being careless or clumsy. For example, if someone was sending a text message at the time of the slip, they may be held partially accountable for their own injuries.
According to Hach & Rose, LLP, a law firm in New York City, some common causes of slip and fall accidents include slippery flooring, bad lighting, or deep cracks in sidewalks. These are things that can and should be avoided; some cases of wrongful death have occurred where a victim dies from a fall due to someone’s negligence.
When someone has experienced injury or death from a situation that should have been avoided, it may be wise to seek legal representation.