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Spinal Cord Injuries and Compensation for them
To have a spinal injury is able to be catastrophic for the individual concerned together with all the persons they are attached with like members of the family and pals. Sensory and motor paralysis can trouble the individual concerned with enormous physiological insinuations, and that individual must suddenly learn managing their new state of affairs.
As though that wasn’t adequate to manage, they must manage in a setting that is mostly unaware of the requirements of a wheelchair user and other paralyzed individuals. The crux of the matter is that though having a spinal injury is definitely no small affair to make claim for this injury and receiving reimbursement could go apart towards alleviating the state of affairs.
Money Matters
Among the trendiest ways of gaining a bit of funds that is able to be of use in assisting with the wound and helping in putting their life right back on path, is by getting some reimbursement if a different party was liable for the spinal injury. “Spinal Injuries Association” happens to be the leading countrywide charitable trust for individuals with Spinal Cord Injuries, and it has a listing of firms of legal matters that it’s prepared to represent. Of course, these firms must fulfill a set of criterion. These are:
– The solicitor must demonstrate that they are specialists in individual injury claims /medical carelessness claims that entail spinal wound
– The solicitor must be prepared to supply the claimants with a preliminary interview at no cost. The place of this interview could be at their chamber, the residence of the claimant / in infirmary. In the event of an issue arising with access a different appropriate site can be settled in. This consultation has got to be sufficiently lengthy to confer whether/ not the person making the claim has a case that’s worthy of reimbursement.
The correct gentleman for the work
Locating the true solicitor is amongst the most vital decisions you must take on. It is tough, as well, since there’re such a lot of these and it could be puzzling deciding the person that is going to be the finest for your claim. An excellent initiative is to pick a solicitor having specialty in injury to the spinal cord as they’re likely to be more knowledgeable regarding the procedure and must put you in a better position for receiving reimbursement.
You must not worry a great deal regarding the site either in view of the fact that presently the greater numbers of solicitors are able to organize a visit to your residence or anywhere that’s fitting.
Queries for prospective Solicitor
Having had made your mind up on any solicitor you’ll require contacting them and asking them a small number of questions. The questions that you could place at the onset are:
1. Is the solicitor an affiliate of the Personal Injury group of the Law Society?
2. What is the number of spinal injury cases that the solicitor has dealt with and the time frame for which they have handled these?
3. What’s the most extensive claim that the solicitor has settled?
4. Has the solicitor completed a specialist SCI guidance itinerary designed for Personal Injury Solicitors?
Conclusion
After these queries it’s your choice on whether you will take the discussion any further and it’s your choice on whether you wish looking about and contacting some others.
Spinal Cord Injuries and Compensation for them
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The most common reasons behind a pedestrian accident
It isn’t a revelation that car accidents with pedestrians frequently turn up a tremendously high possibility of grave injury. Pedestrians, then again, should constantly pursue the suggestion that have been ingrained in us as kids. The suggestion is to always glance both ways ahead of taking an attempt at crossing the street.
Even as both pedestrians and drivers must always take proper measures for avoiding such accidents/mishaps, mishaps unluckily still take place. Given in the section below are the most widespread errors on the part of the pedestrians that have led to pedestrian accidents.
Even as pedestrians have a hard to believe capability of avoiding being thumped by motor vehicles, a general belief is that very rarely does a pedestrian accident come about outside the thoroughfare. Provided that pedestrians make use of the apt measures of care ahead of coming into any roadway, their likelihoods of being thumped by any car are decreased to a great extent. Nevertheless, such possibilities can be increased to a great extent as a result of the subsequent reasons:
Paying no heed to Traffic Controls
All of us are well acquainted with “walk” & “don’t walk” indications witnessed at the many traffic intersections. Such signals have been designed to present pedestrians with an adequate amount of time for safely crossing the roadway. As soon as a “don’t walk” symbol gets displayed, pedestrians who’re already at the heart of crossing ought to continue, while the pedestrians that are still at the bend of the thoroughfare ought to lie in wait for the subsequent light. In the event of the absence of pedestrian signals, pedestrians ought to always keep waiting for the appearance of the green light ahead of passing and should not ever cross while the light’s yellow.
Jaywalking
Pedestrians must in no way cross a lane in inapt or unforeseen parts. Pedestrians who do this are at a bigger possibility of injury. A Pedestrian must always cross at any intersection / any assigned intersection.
“Darting” Child and Parents in Pursuit
There are occasions when, kids can be found scurrying into the thoroughfare without prior notice. Frequently they are pursuing any pet, any toy and even a different child. Drivers must always exercise tremendous preventative measures every time they witness kids having fun in an area, or while passing a park, school or additional part where kids can be anticipated.
If kids are witnessed dashing into a thoroughfare, it is expected that parents are going to the next people seen making a dash into a thoroughfare. It is secure to state that a parent is going to scamper into a thoroughfare without any regard of all the approaching traffic given that the wellbeing of the kid is going to be their main concern.
Strolling on any Limited Access thoroughfare
Thoroughfare traffic moves at tremendous tempos and drivers do not ever expect to notice pedestrians on the thoroughfare. On the event of a thoroughfare having the mark “NO Pedestrians”, you ought to respect it. If it so happens that your vehicle malfunctions and some to stop on any limited access thoroughfare, be very careful if you choose to get away and carry out repairs of the motor vehicle or attempt to walk over to any place for help.
The most common reasons behind a pedestrian accident
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Types of Personal Injury - Personal injury lawyers
Personal injury is a term used to describe a variety of physical injuries, often caused by the intentional or careless (negligent) acts of another. Personal injury cases include, but are not limited to, auto or vehicular accidents, falls, product and prescription drug injuries, work injuries, medical malpractice injuries, nursing home injuries, and wrongful death.Types of Personal Injury ;
Traffic Accidents – NHTSA Report
The number of traffic deaths rose last year to its highest level in more than a decade. According to the National Highway Traffic Safety Administration (NHTSA) an estimated 42,850 people were killed in crashes nationwide last year. More than half this increase deaths were the result of rollover crashes involving Sports Utility Vehicles (SUVS) and pickup trucks, known for their propensity to flip over. Heavy drinking and a greater number of motorcyclists on the road were also significant contributing factors to the steep rise in traffic accident deaths.
Cars – Serious injuries on the rise
According to the National Highway Traffic Safety Administration (NHSTA), last year there were an estimated 6.2 million car accidents in the US resulting in more than 3.1 million injuries and more than 42,000 deaths. Motor-vehicle accidents caused more deaths among people aged 1 to 64 than any other injury and are responsible for the highest number of fatalities in the U.S. for people between the ages 6-27. Careless actions by negligent motorists account for a significant number of all serious accidents.
SUVs – Death toll highest in over a decade
Last year 10,626 were killed in SUV rollover accident, accounting for about a quarter of all traffic accident fatalities. Sports Utility Vehicles (SUVs) are among the most popular and best selling vehicles today. Many people think that SUVs are rugged and safe. Yet various studies and reports have indicated that many popular SUVs have a dangerous tendency to roll over in a collision or sharp turn, increasing one’s risk of serious or fatal injury. SUVs’ size, high center of gravity, narrow track width, and top-heavy designs make them up to three times more prone to rollovers than other vehicles. Moreover, some manufacturers fail to include important safety features (such as roll bars) on SUVs manufactured for consumer use on streets and highways. The rate of serious passenger injury in rollover crashes in 36% higher than in non-rollover crashes and rollover crashes are much more likely to result in serious head injuries than other types of accidents. Attorney state generals representing 40 states have accused automakers of running misleading ads promoting the safety of their SUVs. In response, the government is working on a better system to rate SUV stability and are considering requiring automakers to create safer SUV and pickup designs.
Motorcycles – Death toll rises for fifth consecutive year
A large number of serious or fatal auto accidents involve motorcycles. According to the National Highway Traffic Safety Administration (NHTSA), last year more than 50,000 motorcyclists were injured and 3,276 motorcyclists died in motorcycle accidents. Moreover, the NHTSA reports that motorcycle accidents are particularly devastating – an estimated 80% of all motorcycle accidents result in serious injury or death, compared to the 20% injury and fatality rate for passenger vehicle accidents. A significant number of motorcycle injuries and fatalities are the result of careless motorists who either do not see the oncoming motorcycle at all or do not see the motorcycle in time to avoid a crash. According to a 2001 report, 36 percent of motorcycle crashes were caused by a vehicle turning left while the motorcycle was going straight or passing.
Trucks – Significant increase in number of deaths
According to the NHTSA, in 2000, there were 453,000 large truck accidents resulting in 5,362 fatalities and approximately 42,000 injuries. More people die in large truck accidents than in planes, trains, ships and interstate buses combined. Reckless or careless driving, such as speeding and following too closely are usually the cause of rollover and jackknife accidents. Moreover, a significant number of large truck injuries are caused by truck driver fatigue. According to one study, over 20% of long haul truck drivers admitted to falling asleep at the wheel within the past month. The NHTSA reported that driver fatigue plays a critical role in 30% of large vehicle accidents. In 1999 an estimated 800 large truck accidents were the result of driver fatigue.
Passenger Vans – 17% increase in number of injuries
15-passenger vans are large vans that typically seat 14 passengers and a driver. There are more than 500,000 15-passenger vans used in the US, commonly used by colleges, churches, and other organizations to transport members on trips and outings. Tragically, 15-passenger vans have been involved in a large number of accidents resulting in serious injury and death. In the past decade, at least 647 people have been killed in crashes and 1,200 injured in passenger van rollovers. Most of the fatalities, 492, occurred in single-vehicle rollovers, in which the vans flipped over without colliding with other vehicles.
Work Related Injuries
According to the U.S. Department of Labor (USDOL), 5,650,100 Americans suffered work-related injury or illnesses and 5,915 Americans died as a result of work-related injuries. Many of these injuries and deaths were the result of unsafe working conditions, practices, or work environment brought about by employer carelessness or wrongdoing.
Slip and Fall Injuries
According to the National Safety Council (NSC) over 540,000 slip and fall injuries, requiring hospital care occur each year and account for 300,000 disabling injuries and 20,000 deaths. Slip and falls are the number one cause of injuries in hotels, restaurants, and public places and the leading cause of death at the workplace.
Personal Injury & the Law
The law allows persons and families to recover appropriate monetary damages and compensation from responsible parties, including damages for medical bills, property loss, pain and suffering, lost wages, and in some instances punitive damages (damages to punish the responsible party).
A party may be held liable for personal injury or wrongful death even if their harmful actions were unintentional or accidental. A defendant will be held liable if it can be shown that the defendant’s negligent (careless) conduct caused the plaintiff’s injury. Negligence is the failure to exercise the degree of care expected of an ordinary reasonable person in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation. A person will generally be found negligent (and therefore responsible) if it can be shown that they either did something that an ordinary, reasonable person would not do or the failed to do something that an ordinary, reasonable person would do, under the same or similar circumstances.
In some cases, a party may be held liable even without a showing of intentional wrongdoing or negligence, under the law of “strict liability”. Such cases typically arise in cases involving injuries caused by unsafe or defective products. To recover in a products liability action, an injured party must show that a defective product was the cause of injuries, was defective at the time of purchase, and was used for its intended purpose.
Types of Personal Injury - Personal injury lawyers
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Los Angeles Personal Injury Cases - How much is my case worth? A trick question?
Los Angeles’ population ranks higher than the population of 43 states of the United States. With so many people living in the greater Los Angeles area, it is easy to understand why Los Angeles has so many personal injury accidents. And, it is natural for an injured person to ask , Personal Injury Cases
“How much is my case worth?”
There are analytical approaches that help to answer this questions; however, beyond giving a basic idea, it rarely is sound policy for a personal injury attorney to estimate the value of a case too early. The two most important aspects of a case that must be addressed are
1) liability or fault; and 2) Damages ( medical expenses, lost wages, pain and suffering etc.).
First the personal injury attorney and client should evaluate who is at fault. Fault can be established in many different ways such as admissions by the person who caused the accident, eye witnesses, one’s own account of the accident, a police report, violation of a statute to name a few.
When trying a cases in Los Angeles courts, the jury instructions break down damages into two categories
1) economic damages; and 2) non-economic damages. Economic damages include such items as lost wages (past and future), medical expenses (past and future)and property damage. Non-economic damages covers emotional distress damages such as pain and suffering, anger. frustration, anxiety, and worry.
At the outset, it is hard to say how much a case worth. Best advice – be conservative and see how the facts develop and how you recover from the injury. Ultimately, a case is worth what it settles for or what a jury or a judge decide it is. So how much is my case worth? Not really; but you’re probably going to have to wait and see.
Los Angeles Personal Injury Cases - How much is my case worth? A trick question?
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Damages - Managing Monetary Recovery Expectations of a Personal Injury Victim
Injured persons almost always believe their case is worth more than the likely recovery. There are a number of reasons why this is so. First and foremost, when a person has sustained a personal injury, especially an injury that is painful and takes time to heal, the person suffers emotionally and physically. And, that suffering is commonly on a daily basis. Also, the person may be upset and angry that someone else’s negligence has substantially impacted the quality of their life.
So the value of the personal injury claim to the injured person is often inflated because it is not related to typical settlements or judgments in similar cases. Injured persons often seek validation of their own opinion of the value of their cases and there are attorneys willing to adopt what may be unrealistic expectations of the client to get the client “signed up”. But, having realistic expectations will save a lot of grief and aggravation.
Evaluating the likely recovery in a personal injury action depends on many factors including the nature and extent of the personal injury, where the case would be tried, the strength of liability, credibility of witnesses, availability of evidence, expert opinions, if necessary, and the judge to whom a case is assigned. Don’t listen to your friends to determine the value of your case. Consult with a personal injury attorney who knows the local courts, is familiar with the value of similar types of cases, and would be willing to take your case to trial if necessary.
An attorney who is willing to make a commitment to work on your case on a contingency fee basis is much more likely to have realistic expectations of the value of your case than a family member or friend who happened to read about a personal injury recovery in a magazine or newspaper. Moreover, establishing realistic expectations of the value of one’s personal injury case also helps avoid mistakes in taking a case to trial that should settle.
Insist that your personal injury lawyer candidly explain the value of your case and the risks and advantages of going to trial. Be an informed client and actively participate in your case and litigation strategy. This will help manage your expectations. In the long run, you will be happier and more satisfied with the result.
Damages recoverable in negligence cases – Pain and Suffering
People injured as the result of the negligence of another are entitled to recover their damages. Damages refer to monetary compensation for the loss or injury a person has suffered. There are different types of damages. In fact, the famous Black’s Law Dictionary has three pages just covering the definition of various types of damages. Obviously, damages is a big subject. So, by necessity this post is limited in scope. This post is a brief discussion of non-economic damages or what is commonly referred to as pain and suffering.
California requires juries to be instructed in the law before deciding a case. The Judicial Council of California has developed Jury Instructions which are used throughout California in negligence case. These instructions are designed to explain the law on how to determine how much money a person injured by the negligence of another is entitled to. The Jury Instructions are referred to as CACI, an acronym for California Civil Jury Instructions.
CACI 3905A explains what is included in physical pain, mental suffering, and emotional distress physical pain and what must be established by a preponderance of the evidence to recover such damages. Past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety humiliation and emotional distress are all included. There is no fixed amount for these types of damages. Jurors must use their judgment to decide what is reasonable.
There is art and skill involved in presenting a believable case of damages. It must be real and sometimes little things make a big difference. If you have been injured by the negligence of another, keep a diary detailing how you are feeling, your daily troubles related to the injury, and your aches and pains. When one is suffering, one is focused on the pain and misery. However, as recovery occurs, some of that pain and suffering fades from one’s consciousness. Do yourself a favor, document your journey.
For those unfortunate victims who have suffered catastrophic injuries, obviously much less is required for people to understand the suffering. But, even that story must be presented with sensitivity and compassion so the jury will understand. Not understand academically, but understand as human beings deciding an important issue for an innocent victim.
Damages - Managing Monetary Recovery Expectations of a Personal Injury Victim
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Consult an efficient motorcycle accident lawyer and file your personal injury lawsuit within stipulated time
A person’s life can be changed in one brief moment by accident. This is particularly the case in the case of bicycle riders when bike riders get involved in a collision with a vehicle it results in a fatality.
The injuries are severe even after wearing helmets, shoes and protective gloves. It may result in broken bones, even spinal cord and brain injuries. Many bicycle accident victims had been injured so severely that their lives totally changed and were never the same again. Most of the bicycle accidents are caused because of the negligence of a vehicle driver, their distracted driving. If you are a victim of such accident, you must prepare the grounds for a personal injury lawsuit.
A personal injury bicycle lawsuit
At the site of the accident, the lawsuit process begins. If you are able and conscious you must take photos of the accident scene, your bicycle and of course the involved vehicle. You must get the contact number and names of all witness. Immediately call the police and report your case. You must be cautious while speaking to law enforcement officers. You must inform them about the entire case, but you must be careful and don’t say any part of the accident was your fault. Remember what you will be used against you. If you take too long to seek medical treatment, your insurer might claim that your injury wasn’t due to an accident but due to something else.
The insurance adjuster should not be provided any statement
Soon after the accident, the driver’s insurer might ask you to make a recorded statement about the accident. Don’t do this. Always remember that the law doesn’t require you to do this and you must not do this. Despite the kind and compassionate nature of the insurer you should not get carried away because insurers work for the insurance company. There is a high chance that your words can be twisted around and you can be blamed at least partially for the accident.
Filing the lawsuit and discovery process
After the reviews of the facts of the case by your attorney, a personal injury lawsuit will be filed on your behalf. And then the discovery process will begin. The lawyer will take witness statements and they will be asked questions under oath. Medical experts will review your medical records and the extent of your injury will be determined. After the completion of the discovery, a settlement offer will be made.
All these involves the need of an efficient motorcycle accident attorney, you must get in touch with an efficient Miami personal injury lawyer, otherwise it’s impossible to secure your legal claims. Make sure you find an experienced personal injury and wrongful death attorney as soon as possible after the accident. Always remember personal injury lawsuits should be filed with a certain period after an accident. If personal injury lawsuit isn’t filed within that stipulated time frame, all your rights to collect damages will be lost.
Consult an efficient motorcycle accident lawyer and file your personal injury lawsuit within stipulated time
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Understanding a California Contingency Fee Agreement - Personal injury lawyers
Personal injury attorneys customarily handle personal injury cases on a contingency fee basis. Contingency fee agreement means that the attorney will get paid a percentage of the gross or net recovery depending on the terms of the agreement. If there is no recovery, the attorney does not get paid.
This type of fee arrangement makes it possible for an injured person to hire a personal injury lawyer without having to pay attorneys fees as the case is in progress. An obvious benefit is to have the benefit of legal counsel without having to pay for it up-front. But because the personal injury lawyer is assuming a risk that there will be a recovery and also has to wait to get paid, the attorney fees are likely to be more than if a person could pay the fees along the way.
In California contingency fee agreements must be in writing. The percentage of attorney fees is not set by law and is negotiable; however, most personal injury attorneys charge 33.33 % of the gross recovery before a lawsuit is filed and 40% of the gross recovery after a lawsuit is filed. These are the fees commonly charged by Los Angeles personal injury attorneys and also personal injury attorneys in the surrounding counties such as Orange County and Ventura County.
Some personal injury attorneys will negotiate the fee, so it is worth talking about with the attorney you want to retain. An attorney is prohibited by the Rules of Professional Conduct from charging an unconscionable fee, but the contingency fees just mentioned are not considered unconscionable.
There are two exceptions to the commonly charged contingency fees. One exception is when a minor is injured. Generally, the contingency is 25% prior to a lawsuit and 33.33% after the lawsuit is filed. Unlike contingency fee arrangements with adults, a court has to approve the fees to be paid to an attorney. A formal application must be made to the court to approve the settlement and the attorney fees.
The second exception is the contingency fee charged in a medical malpractice case. A California statute sets the maximum percentage that can be charged based on a formula related to the amount recovered.
If you are injured by the negligence of another, you should be represented by an experienced personal injury attorney. At the outset of the attorney-client relationship, make sure the fee agreement is memorialized in writing and that you understand its terms and conditions.
Understanding a California Contingency Fee Agreement - Personal injury lawyers
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Los Angeles Motorcylce Accidents and Frequently Asked Questions
Motorcycle accidents are common in the Los Angeles area. Listen to the news stations and inevitably you will hear “Motorcycle Down”. To anyone who has ever ridden a motorcycle or one who has been involved in a motorcycle accident, those word make you shudder. Experienced riders have fewer accidents, but even the best riders can be hit by a negligent motorist.
If you or a loved one has been injured in a motorcycle accident, you may have legal remedies if the accident was caused by the negligence of another. Sometimes there are eye witnesses to an accident. Occasionally, someone will admit fault. But don’t count on it. Likely, the injured motorcyclist will not even remember what happened. So, the injured party is dependent on witnesses and traffic reports.
Unfortunately, many motorcyclists involved in a collision with a car, are seriously hurt or killed. Traumatic brain trauma is a common injury. In California, motorcyclists are required to wear helmets. Beware, not all helmets are equal. If a rider is willing to spend $20,000.00 on his ride, he or she ought to be willing to buy the safest and best helmet on the market. It’s your brain we are talking about.
Obviously, good medical care is the first priority for one injured in a motorcycle accident. Once that is taken care of, determining liability for the accident is in order. Liability is another way of saying fault. If someone other than the motorcyclist caused the accident, the next thing to determine is whether or not the negligent driver has insurance and the amount of that insurance. I realize no amount of money can ever make right the injuries and pain and suffering that follow a motorcycle accident. But that is what the law offers – financial compensation for one injured by the negligence of another.
In California, a lawsuit to recover damages for personal injuries must be filed within two years of the accident; however, don’t wait that long to consult with an experienced attorney. The other guys insurance company will often try to swoop in and get a statement from the injured motorcyclist before he or she is represented. Don’t talk about the accident, your injuries, or your state of recovery with the insurance company for the negligent driver. They are trained professionals and what you say could be an harmful admission which could be used in court.
Personal Injury Frequently Asked Questions
People who are injured by the negligence of another and seek an experienced personal injury attorney in Los Angeles and surrounding areas aske similar questions at the outset of a case. In this blog post, I have framed a few common questions and my answers to those questions.
Q. Do I need a personal injury lawyer?
A. If you want to maximize your recovery and ensure that your rights are fully protected, you would be well served by retaining an attorney to represent you. It is true that people have the right to represent themselves in court; however, they are expected to know the rules of Civil Procedure, the Local Rules, the rules of Evidence, and the law in general. Secondly, without training and education, a person representing himself or herself in a lawsuit will be facing a trained, educated professional. So while it is not mandatory to be represented by an attorney in a personal injury claim or lawsuit, prudence dictates that you retain an experienced personal injury lawyer.
Q. If I am injured by another’s negligence, do I have to file a lawsuit? A. No. Proceeding with a lawsuit is always the client’s prerogative. Furthermore, the great majority of cases settle before a case even has to be filed.
Q. Should I give a statement to the other party’s insurance company? A. No. Insurance company adjusters are trained and skilled professionals whose job is to protect the company they work for. Giving a recorded statement without the advice of counsel may hurt your case. Statements made to the opposing party’s insurance company could constitute admissions that would be admissible in court.
Los Angeles Motorcylce Accidents and Frequently Asked Questions
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Los Angeles Personal Injury Attorneys - Tips on how to pick a good one
Competent, aggressive legal representation for an injured person is a practical necessity. In Los Angeles, California, insurance companies almost always hire prominent law firms with seasoned litigators to defend a personal injury actions. The injured person should be represented by comparable quality legal counsel. There are many personal injury lawyers in Los Angeles. And, there are many who have websites advertising for personal injury victims. While websites provide a starting point for retaining a Los Angeles personal injury Attorneys, more is required. Here are some tips on how to hire a good personal injury attorney in Los Angeles.
1) Interview the personal injury attorney. Personal injury attorneys give free consultations. Be respectful of the attorney’s time while still getting to know the personal injury lawyer’s personality and background;
2) Look for an experienced personal injury lawyer. Ask about how many cases the attorney has handled. Find out how many trials, arbitrations, mediations, and settlements he or she has been involved in.
3) Ask the attorney you interview whether he or she will be the attorney handling your case or if it will be another attorney in the firm’s office. You want to meet the attorney that is handling your case. Also, ask if your contact person will be the attorney or the attorney’s secretary, paralegal or clerk. Prefer the attorney who will personally handle your case;
4) Check out the attorney on the California State Bar website http://members.calbar.ca.gov/search/member.aspx to see if the attorney has ever been professionally disciplined. Prefer an attorney who has never been disciplined;
5) Ask if the personal injury attorney has professional liability insurance. No one expects trouble at the beginning of a relationship, but mistakes happen. You want to know that the attorney that you are hiring has good business practices including having professional liability insurance;
6) Discuss the attorney fee arrangement. Most personal injury cases are handled on a contingency basis, which means you pay attorney fees only if there is a recovery. Contingency fee percentages are not set by law other than that the fee cannot be unconscionable. Generally, personal injury attorneys charge 1/3 of the gross recovery up until a lawsuit is filed; thereafter, attorneys charge 40% of the gross recovery. Make sure your agreement is in writing as required by the California Business and Professions Code;
7) Make sure you are comfortable with the attorney and feel confident that you will be able to call and talk to the attorney. Ask the the attorney if he or she welcomes client participation. It is your case and you have the right to be involved in any aspect of the case; and,
8) Make sure that the attorney has the time to devote personal attention to your case. Get a commitment on how the case will be handled. Also, be sure that you will be informed about important developments in the case. Using these tips on how to pick a good personal injury lawyer should help you to make an informed decision on who want to represent you or a loved one in a personal injury claim.
Los Angeles Personal Injury Attorneys - Tips on how to pick a good one
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Employing of a competent Motorcycle Accident attorney is very important
The plain fact is that none thinks that they are going to be caught up in a motorcycle mishap and when they finally do the very last fact that consider is engaging a motorcycle accident legal representative. The reason is that numerous people consider that if they’ve complete coverage motorcycle insurance they’re going to be looked after in case of any motorcycle accident.
In reality you must always appoint an accomplished motorcycle accident legal representative for representing you for protecting your rights when handling the insurance company of the party that is at fault.
First seek medical attention
Following your involvement in any motorcycle mishap, the primary act on your part is to try to find medical attention straight away. This goes even if you don’t consider your injury as serious. All the negligible pains and aches can rapidly become grave medical concern, and nothing can be more vital than protection of your living and your wellbeing!
Next get a motorcycle accident attorney
Following an examination by a doctor, your subsequent act must be to get an experienced and veteran motorcycle accident attorney immediately. Throughout your shocking torment you require ensuring that every one of the realities of your mishap are well recorded and this includes accounts if those who witnessed the accident. You must also ensure that all additional evidence is gathered and recorded. Many riders say that if they already own complete coverage motorcycle indemnity why they should employ a legal representative on getting hit in Motorcycle Accidents.
The answer’s rather straightforward. If you had been verified as not being at fault during the mishap by the law enforcement, and even on the party at fault admitting to be at fault, nearly constantly the insurance corporation of the party at fault will on most occasions refute your claim completely, compelling you to visit the court. And if you have sustained grave bodily injury and much harm has been done to your motorcycle you will require a veteran and hard line motorcycle accident legal representative for fighting your case and putting the details in the finest light.
Considerations while hiring a motorbike accident attorney
Then what is way of finding and hiring the correct motorcycle mishap lawyer for representing you and also the accident claim of yours? There’re more the a few facts that you have to take into consideration when discussing with lawyers and most importantly you’ll need a lawyer with wide-ranging motorcycle mishap claims experience, who’s aware of the decrees of your state, and a legal representative who’s won a great fraction of his/her cases.
It really does not seem sensible to engage the services of a lawyer who is a specialist in probating law for fighting your motorbike mishap case and additionally, engaging the services of a attorney who also actually rides a motorbike brings added understanding and insights to the case of yours. The reason is that to have a lawyer who is aware of the bodily and motorized aspects of riding a motorbike brings understanding and tools for utilization in your case.
Questions that you must ask your motorbike accident attorney
Launch your investigation by checking online for legal representatives in your locale. You must ask several questions that include:
• The time for which he’s been practicing law
• The number of motorcycle mishap cases he has fought the percentage he has won
• How is he going to pursue your case?
• What are the dilemmas the he anticipates in your case?
• How is he going to charge for offering his services?
• The time taken to bring your case to termination
Employing of a competent Motorcycle Accident attorney is very important
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Personal Injury Lawyer - The Good, The Bad, and The Ugly
Every injured person wants to recover damages from the person responsible for causing the injuries. That is human nature. And, the law provides rules and procedures for a person injured by the negligence or intentional act of another to prosecute an action for damages. And, invariably, the insured person believes wholeheartedly that he or she will prevail. This unabashed and over-confident position is sometimes encouraged by personal injury lawyer.
Don’t retain a personal injury attorney that tells you what you want to hear. Hire an experienced personal injury lawyer who knows what he or she is doing and will tell you the truth and even argue with you to help you see the harsh realities of personal injury litigation. Sticking to one’s own opinions and ignoring the advice and counsel of experienced professionals, is a big mistake.
If you are going to proceed with a personal injury lawsuit, ask your attorney to explain the strengths and weakness of your case. Also, ask what happens if you lose your case. Even if you think that could never happen, ask anyway. There are a number of significant legal ramifications of losing a case. For example, California Code of Civil Procedure mandates that the losing party pay the prevailing party certain costs such as filling fees, service of process fees, witness fees, jury fees, court reporter fees, and certain expenses incurred in trial.
At the beginning of a case, people don’t want to talk about what happens if the case is lost – it is too depressing. And, unfortunately the injured person may misjudge an attorney who wants to inform his or her client on this aspect of a personal injury case, so attorneys often skip that when the attorney-client relationship is established.
Be informed and understand what you are getting yourself into at the beginning. You want to know the good- how much you might recover. You want to know the bad – how much money you might have to put out, how long it will take, and even if your case settles, the low end of what you might recover. And you should also want to know the ugly – what happens if you lose. Otherwise you may look like this –
What you may look like if you wait to0 late in the game to learn what happens if you lose a personal injury case Don’t wait to to learn about the ugly until you are in the hall of the courtroom waiting for the jury to return a verdict. Waiting until then may prove to be a horrible experience.
California Car Crashes – What to do if you have been in a car crash
Los Angeles, California is a huge metropolitan area with a population exceeding 10 million. Los Angeles has some of the busiest streets and highways in the county. Of course, Los Angeles has its fair share of fender-benders and serious, if not fatal car crashes. Everyday there are reports of serious or fatal car wrecks.
Having handled auto accident personal injury cases for more than 26 years in Southern California, and, in particular, Los Angeles, I have learned some important lessons on what to do if someone is in a car accident. The obvious things to do are common sense. Get out the flow of traffic, call 911, check to see if anyone is hurt. Most of this comes naturally; however, there are things that one should do and should not do.
A few things one should not do.
1) Don’t admit fault. 2)Other than checking on the condition of others in the accident, keep your mouth shut. 3)Don’t flee the scene – that is a crime. 4) Don’t drive a car that has substantial damage – get it towed.
A few things one should do.
1) Exchange car insurance information. 2) Take pictures if you have a camera or phone with a camera. Take pictures of the scene, damage to the vehicles, road debris, road signs. 3) Get the names, addresses, and phone numbers of witnesses. 4) Cooperate with the police. 5) Call your insurance company. 6)Call a family member for assistance. 7)Consult with a personal injury attorney.
Personal Injury Lawyer - The Good, The Bad, and The Ugly
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A Guide to Personal Injury Claims
• When an Injury Occurs
• How We Work
• Selected Articles
• Attorney Biographies
• Links
• Contact Us
A Guide to Personal Injury Claims
Most people never expect to find themselves in a situation where they or a family member have been injured as a result of someone else’s negligence. When it happens, there is a natural desire to want to forget about the incident as quickly as possible and to work through problems on their own. For slight injuries, that is the approach we encourage. However, many people fail to recognize the full impact that a more significant injury can have on their lives for years to come. Consulting with a qualified lawyer immediately after an injury occurs gives a head start on the road to recovery and security for the future.
When an Injury Occurs
One of the most difficult decisions you may ever make is deciding to take legal action on behalf of yourself or a family member for an injury or fatal accident. The experience can be trying, and finding the right advice can seem overwhelming.
Our lawyers provide personalized counsel and extensive resource support. Our lawyers are dedicated to the practice of personal injury lawyer and are among the most experienced trial lawyers in the field. They represent individuals who are involved in motor vehicle collisions and recreational accidents, injured by defective products, or hurt in work-related incidents. Our lawyers accept only a limited number of cases, focusing on helping those individuals obtain the optimal recourse provided by the legal system. In addition to their experience in the courtroom, our personal injury lawyers have served as presidents of bar associations, members of judicial screening committees, government representatives, and as board members of local, state and national health organizations. They are well respected by their colleagues and known as tireless advocates for their clients. Many of our personal injury referrals come from other lawyers, locally and from around the country, who trust us to provide their clients with exacting legal counsel and attentive personal service.
From your first meeting, our lawyers strive to understand both your personal goals and your legal needs. They carefully consider your individual situation in developing an effective strategy for your claim, consistently communicate your options and work to resolve everything with your best interests in mind. Our lawyers make sure there is a complete appraisal of the short- and long-term effects of the incident and will vigorously represent your concerns through settlement or trial.
We maintain a selective practice that does not involve the pursuit of all personal injury claims. Our cases reflect the belief that the courts should be used to protect the interests of people who are seriously injured, and our lawyers work to preserve the integrity of the legal system, as well as that of their clients. They carefully evaluate your situation and provide you with appropriate guidance in determining your next step.
If you or a loved one has been injured through the negligence of others, you deserve an opportunity to receive reparation for the pain, suffering and hardship you have already experienced and that which you may also experience in the future. Our lawyers help people obtain appropriate compensation for the distress and suffering inflicted on them and their families. We have experience with many situations including:
Construction Accidents Defective Products Head Injuries Motor Vehicle Accidents Negligence of Third Parties in the Workplace Other Acts of Negligence Recreational Injuries Traumatic Brain Injuries Wrongful Death
After an injury, it is important that you meet with a qualified lawyer to discuss your situation, and we encourage you to take advantage of our skills and experience with a complimentary consultation. We provide this important service free of charge because we feel strongly that those who are injured should be protected from any further personal burden. It is also important to note that we only receive a fee if you are compensated for your injury. Should we make the decision together to move forward with a claim, your lawyer will act on your best behalf and inform you of your options throughout the process.
Beginning a personal injury claim may not be an easy decision, but it may be the only way to protect yourself and your family from the burden of an injury caused by someone else’s wrongdoing. We can help you secure that protection.
How We Work
When preparing a personal injury case, our lawyers carefully evaluate claims to determine the full extent of their impact. This in-depth understanding prevents a premature settlement and ensures that clients receive the maximum recovery to which they are entitled. In addition to the experience and skills of our personal injury lawyers, we provide the vast resources needed to take on the most complex claims. We consult with a network of experts from around the country and have the support of on-staff registered nurses.
From the initial claim through settlement or trial, we recognize the importance of confidentiality and privacy in a personal injury action and represent our clients’ interests with dignity. We handle personal injury claims in a manner that provides clients with the resources and security they need to start over after a life-altering incident.
The articles below were written several years ago but are as true today as they were then. People with head injuries continue to be under-treated and, therefore, under-represented by the legal system because of the lack of understanding of so-called minor and mild head injuries. It is important to understand that any injury, even those deemed relatively mild by a physician, are not minor or mild to the person who has suffered the injury.
My experience over the years in handling brain injury cases has demonstrated to me that there are also particular issues in representing people with major head injuries which are often overlooked. Even after a person has been in a coma for an extended period of time, there is still a tendency on the part of neurologists and other physicians to underestimate the magnitude of the head injury. The fact that the person looks and sounds healthy can mislead the health care provider and, in fact, the lawyer into believing that the person has recovered more fully than he or she actually has. Head injuries require extra vigilance on the part of the lawyer in order to serve as a good advocate. A person who has suffered a head injury should be adequately tested. Interviews with family members, friends and co-workers can help give a complete picture of the person’s personality and capabilities before and after the injury.
When a person suffers a serious head injury, a lawyer must prove liability. This typically involves obtaining the advice of experts with expertise in the areas related to the type of injury suffered. For example, a construction case may likely require experts in such areas as steel erection, ladders, OSHA regulations, or construction equipment. If the brain injury was caused by a defective truck, nail gun, lawn mower, or other device, experts must be retained to deal with those issues.
The lawyer, in handling any case, but particularly a case involving a serious brain injury, must not take short cuts and must have the resources to obtain those experts. Furthermore, extensive investigation work and pre-trial preparation is required to ensure that the person that committed the wrong will be found liable.
A head injury case presents an additional challenge in that a person who has suffered a brain injury may require on-going care. In those instances, a life care planner must be retained. The job of the life care planner is to predict what the needs of the person will be for the rest of his or her life, including nursing care, vocational rehabilitation care, recreational care, transportation, and future surgeries or medical procedures. The cost for these services should be projected over time. An economist would also be required to project the cost over time.
Additionally, more subtle issues often present themselves in cases involving individuals with brain injuries. For example, people with brain injuries can sometimes suffer from depression. Others experience cognitive difficulties which may affect their responsiveness. Psychologists and neuropsychologists must be consulted to determine the full impact of a head injury, including whether or not the head injured person understands his or her limitations and how he or she feels about the limitations and/or the injury. Typically, there is an enormous sense of loss in an individual who has suffered limitations due to a head injury. An adequate representation of the full effects of a head injury would take into account such subtle factors as they may add to the cost of care.
My philosophy is to bring all available resources to bear when we are representing an injured person. Using these techniques, I was recently able to settle a construction case for $17.9 million, which exceeded any jury verdict in the history of New York state and was the highest reported settlement in the history of New York state as well.
The Legal Representation of the Head Injured
When a family is suddenly struck with the tragedy of a head injury, the first concern, quite naturally, is to obtain proper medical care. After medical needs are taken care of, the legal rights of the head injured should immediately be protected. Naturally, thinking about legal rights while the loved one is still in the hospital and still in danger is difficult, but doing something about it is urgent.
The most obvious reason for prompt location and retention of a lawyer is for the family to be advised of the victim’s rights and to be aided in protecting those rights. Another reason for contacting an attorney promptly is that the lawyer can help the family deal with the medical and insurance aspects of the tragedy of head injury which they were obviously not expecting and typically are not equipped to handle.
In my experience, families of the head injured, quite understandably, become angry, worried and frustrated within a very short period of time after the accident. They very often engage in well-intentioned, but self-defeating attempts to force insurance companies and medical care providers to take positions which they cannot or will not take. These defeats further add to the family’s frustration and anxiety.
The lawyer retained must realize that representing the head injured and their families is more than simply handling a case or file. The lawyer should not see his role as simply handling the negligence case and leaving unattended the victim’s insurance coverage issues or other legal rights. The lawyer should be prepared and willing to act immediately and to aid the family in all of its concerns, including no-fault coverage questions, insurance coverage questions, Social Security Disability, Workers’ Compensation and other sources of potential compensation of the victim — matters that are not particularly rewarding to the lawyer financially. Because the lawyer’s job, if he undertakes the case, should be to handle the entire case, the victim’s family should inquire as to the lawyer’s willingness to be fully involved in all aspects of helping the family.
In order to fulfill his role, the lawyer should also be knowledgeable about head injury. Too few professionals have a detailed understanding of this field. As some point in each head injury case I have handled, a doctor or insurance adjuster or opposing lawyer has taken the position that the head injury victim does not have an ongoing problem. The denial of the problems of head injured persons, in the context of particular cases, is symptomatic of a larger problem; that the long-term consequences of head injury are still typically underestimated or not understood by people in the insurance industry, and even in the health care profession.
Because one of the biggest tasks of a lawyer representing a head injured person is, at some point in most cases, to take on the medical or insurance system, the lawyer representing the victim and the family must be one of the people doing the educating on the case and not one of the people being educated. The lawyer cannot undertake that task if he does not understand the subtleties of head injury.
The fact that the victim, once he is out of the acute phase, may and typically does, walk, talk, and appear to be uninjured contributes to the underestimation of the head injured person’s problems. The lawyer must not accept the word of the first neurologist or orthopedist who says the head injured person is fully recovered. Rather the attorney must delve into the person’s symptoms and problems with family members, employers and co-employees. Because very often family members don’t know what to look for, the attorney must be knowledgeable in what the symptoms of head injury are. They often feel that changes in the person will pass, or, because they are so grateful that the person survived, they don’t even notice changes. The lawyer’s job is to determine whether there are such problems, even when the medical profession and the victim deny the problems, and to see that the person gets adequate medical and psychological care and is compensated for his or her injuries. The sooner the lawyer is retained to take on these tasks, the more successful and helpful the effort will be.
As mentioned above, the immediate retention of a lawyer is important to the protection of the victim’s legal rights. One of the primary legal rights the victim may have is the right to make a claim against or to sue the person who caused the injury. The passage of time, even a short period of time, may mean the loss of valuable evidence. For example, if the person was injured in a car, the fact that the car has been repaired or destroyed by the time a lawyer is retained and an investigator hired can have grave ramifications. Photographs of the car immediately or very soon after the accident may be extremely important to show the location and severity of the damage and can be indispensable in demonstrating why the head injury suffered was so severe.
Furthermore, the accident may be caused by a physical condition which can change, such as the accumulation of snow or ice. The prompt retention of a lawyer and prompt investigation of the accident can preserve that evidence. If a lawyer is immediately retained, witnesses can be interviewed while their memories are still fresh and clear.
Another reason for acting promptly is the fact that there may be short periods of time within which to make a claim. A claim against a municipality or the state of New York, for example, must be made within ninety (90) days from the injury. If the claim is against an uninsured motorist, the time may be similarly short. A lawyer is needed to help in filing those claims.
A lawyer should also promptly be retained to handle insurance company inquiries. There are still insurance companies which attempt to deal with families before a lawyer is retained in order to obtain a settlement for a low figure. If family members or the victim talk to insurance investigators before a lawyer is involved, damaging statements can result. A lawyer retained promptly can help both in fending off insurance investigators and in dealing with them.
In summary, in cases of head injury, a lawyer can remove much of the burden from the victim’s family. In aiding them to focus on the issues which matter, he can free the family to concentrate on the loved one. The lawyer can and should be a source of guidance and steadiness during this difficult time.
Tripling the Tragedy of Head Injury
Experience in my law practice over the past several years has convinced me that countless victims of head injury are suffering that tragedy without medical help and ultimately without legal help.
The tragedy of head injury is thereby tripled. First, the person suffers the injury; second, the person does not get appropriate medical or psychiatric care and third, his or her legal rights are not fully enforced because the injury is unrecognized. The person suffers failure at work, failure at home, failure in relationships with family and friends — all without knowing what is happening, without treatment and without compensation.
The medical and legal systems are missing too many of these people. Reasons for this are several. First, I believe there is a great tendency in the medical profession and related professions to concentrate on the physical aspects of personal injury. This preoccupation is understandable because of the horrible physical condition that a person may be in when first seen by a doctor. Obviously, the person’s life must be saved and bones must be put back together first before his mental status can be addressed. However, dealing with the physical consequences of injury cannot be the end point for the medical professional. Too often, physicians are understandably self-congratulatory about the physical results they have achieved; they do not attempt to probe the question of whether the person has survived emotionally or psychologically.
Second, medical science has not advanced to the point where microscopic injury of the brain can be well-determined. The standard Cat-scans and other typical test often do not reveal damage to the human brain which, even though microscopic, can bring about devastating changes.
The third and related factor is that many people who have been head-injured look perfectly healthy. Physically, they can perform most functions quite readily. Only if you talk to them in detail or for extended periods of time do you begin to find that some of what they are saying doesn’t make sense or that their speech is different. Sometimes only a neuropsychologist or psychiatrist can determine the fact that they are still suffering the results of their head injury.
Fourth, too often doctors and lawyers rely upon what the patient says about his or her own progress; they do not realize that the patient often will deny any problem at work or at home. Naturally, the patient’s inclination is to deny that he or she is not as smart, or that his or her memory is not as good, or that he or she is not doing as well as he or she previously did. This is a natural self denial that we too often don’t recognize. Only when professionals speak with employers, family and friends can any kind of informed judgment be made as to whether or not the person has in fact recovered from a head injury.
All of these factors may result in the following scenario: a patient may come to see a lawyer but deny any emotional or psychiatric problem. The lawyer requests medical reports from the physicians. The physicians haven’t determined that the patient is suffering the on-going effects of head injury. The ultimate result is that not only is the person not getting proper medical care, but his legal rights are also not being enforced.
In order to minimize this situation, all of us in the healing and legal professions must educate ourselves as to the signs of head injury, and through careful questioning, identify head injured individuals. Once they are identified, we must see that they receive appropriate services from both health care professionals and lawyers as soon as possible. We need to be involved in a sensitizing and conscience-raising effort to ensure that the tragic consequences of head injuries are properly cared for by the health care profession and fairly compensated through the legal system.
A Guide to Personal Injury Claims
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Personal Injury Lawyer Important Facts
Being involved in an injury accident is something that no one can completely avoid, but if you find yourself in this situation you will need to understand important information on hiring the services of a personal injury lawyer to help you recover compensation for the person that was responsible for the accident.
A professional lawyer is qualified to give you advice on legal matters. Most of them have a particular specialty so you will want to seek one that is experienced in your personal matter. A lawyer who specializes in personal injury would be the appropriate choice when you are involved in an accident and need to receive financial compensation from the party responsible. This compensation can be do to physical mental and emotional pain or injury.
You must be aware of your rights in order to recover proper compensation when you are injured as a result of some other person’s fault. There are likely several personal injury firms in whatever city you live that can help you with your legal situation. Ideally, you should find out what the success rate for all of the different firms are in order to select the best qualified lawyer.
Your initial consultation should give you an idea as to whether you can work with the particular attorney effectively. Remember that you may be working with them for many weeks or months so you need to be comfortable on an individual basis with your attorney. This is above and beyond their legal expertise. You should also learn what your realistic chances are of obtaining a settlement in your case in the initial consultation.
Your initial consultation with your personal injury lawyer should also address his fees. Often times this type of litigation will be paid as a percentage of the settlement rather than on an hourly basis. Your personal injury lawyer will have to plead their case in court and prove that the defendant is liable for the accident and thus pain you your compensation for your injuries. The lawyer has to know the exact circumstances that led to the accident and injury and all the relevant facts. If he can present your case in a convincing manner the court will rule in your favor.
Often times, an agreement will be reached without going to trial particularly if you have a very strong case and the defendant’s legal firm wants to avoid the expense of litigation when they are pretty certain they will lose anyway. Personal injury lawyers are your best bet in order to get the compensation you deserve when you are injured as a result of an accident do to the fault of someone else.
Guidelines for Retaining an Attorney
If you are in a situation where you need to hire a lawyer, there are several things you should consider before making a final decision. Research the lawyer and find out if they have had any complaints. There are a number of websites available that will rate and give feedback on different professionals including lawyers. Be sure to check with the state bar association which would have records of any issues for a lawyer.
If you get past this stage of checking the lawyer’s public complaints, you should then check to see how long this person has been practicing law. No matter how good a lawyer is there’ll always be someone that is not satisfied and may file a complaint so don’t expect a perfect track record. The number of complaints should be taken into consideration the amount of years a lawyer has been practicing. If you anticipate your case going to trial you’ll need to find out how much experience the attorney has in a courtroom situation. This would include the number of cases he or she was successful with if the case went to the jury for decision. Naturally, the higher the success rate, the more the lawyer will charge. You are paying for his or her skills and the better skills are more valuable.
One of the crucial issues will be that the attorney has spirit hands and specialization in your particular problem. The law is so complex that an in-depth understanding of the issues in your type of case is best left to someone who has a lot of experience in that particular area. An honest lawyer will freely discuss his experience, his success rate, and his estimation of how solid a case you have. Keep these things in mind to have the best shot at resolving your legal issues.
Prepare for Your Lawyer Appointment
Make the best of your time and money by properly preparing for your appointment with your lawyer. You may feel some anxiety heading into your appointment, but this is normal. Many lawyers can be rather stern, short in conversation, and very direct. Once you understand them, you feel more comfortable talking with them.
First, plan on being on time to your appointment. Time is money and you are probably paying a high hourly rate for your attorney. They make their living by selling their time on a contingency or hourly basis. Good lawyers will have multiple projects going on at any given time so it’s important to respect their time as well as yours by being punctual.
Lawyers can have high overhead like expert fees, research costs, advertising, professional fees, etc. and thus they are likely very sensitive to protecting their time. They have various deadlines and are used to watching various timelines for filing documents and court dates. This is another reason why they are conditioned to time management. If you are a punctual client, they will respect you for that since that is one part of being a good client. As with any appointment, if you need to reschedule, do so as soon as possible.
Another important thing to do is to be organized and prepared. Their ability to help you depends on proper research. To do that, they need to have all the pertinent facts clearly laid out so that they can make the best of their time to help you. This of course will also reduce your costs since they will have to spend less time in getting everything together. Review the evidence and facts that you will be passing on to your lawyer well in advance of your meeting. If things are confused in your mind, just imagine how hard it will be for your attorney to help you. The above are the basics for your meeting. Keep them in mind and you’ll be on your way to a more productive meeting.
Three Benefits of Having a Personal Injury Lawyer Represent You
If you have been injured by someone else’s actions, in an auto accident for example, you will need to talk with a personal injury lawyer. Here are the top three benefits of working with a personal injury lawyer.
A personal injury lawyer is very familiar with insurance law. This is a critical advantage that most people don’t think about. There are many complicated details within insurance policies and state insurance law that may impact your compensation. A good personal injury lawyer knows all the details and how they interact with each other in your specific situation.
Personal injury lawyers know what is appropriate for claims regarding different types of injuries. Based on their experience, a lawyer will know what is realistic in terms of compensation for all types of injuries. You need to work with someone who can get you the maximum amount of compensation that you are entitled to receive. Generally, a personal injury lawyer is able to get substantially more out of a claim than if you tried to work directly with an insurance company or the responsible party.
Personal injury lawyers will go to court if necessary. Most insurance adjusters know that if an appropriate settlement can’t be reached, an individual is reluctant to go to court to settle the case. An attorney on the other hand, will readily take the case to court if there is a good chance that they will win a substantial amount. Thus you are in a much better negotiating position by having an attorney on your team. The above information is a guide to some reasons why a personal injury lawyer is a good idea. The results of any particular case may vary from lawyer to lawyer. Naturally, you need to discuss the specifics of your case with an attorney to determine your best course of action.
Personal Injury Lawyer Important Facts
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How To Hire An Attorney To Handle A Motorcycle Accident Case
Los Angeles is filled with lawyers claiming to be experts in handling motorcycle accidents. Many claim to have special empathy because they too are riders. Some claim to have handled tens of thousands of cases. Some attorneys depict themselves on a motorcycle to grab the injured motorcyclist’s interest. In my opinion, these are cheap tricks to get a client.
If you, a loved one or a friend has been injured in a motorcycle accident, you or your loved one or friend need a competent lawyer. There are probably numerous components to being a competent lawyer but none of them have anything to do with being a motorcycle rider, sitting on a motorcycle or any such nonsense. Competence has to do with knowledge and skill in the law of personal injury law.
Competence includes knowing which experts to hire, how to reconstruct an accident, how to prepare pleadings, handle litigation discovery and law motion matters before the case goes to trial. Competence has to do with being able to present a case to a jury or a judge, knowing the rules of evidence that govern a trial, and knowing how to make a record in the event an appeal is taken by either side.
Don’t be misled. Hire a competent attorney to handle your motorcycle accident case or help your loved one or friend hire a competent attorney. Meet with more than one attorney. Interview the attorneys. Concentrate on the attorney’s legal experience and competence, not on gimmicks that are being offered to get you to sign up. Make sure the attorney will personally handle the case, keep you informed, and will be willing to fight and even go to trial or handle an appeal if necessary. No one would pick a surgeon based on whether or not the surgeon rode a motorcycle or not. And, no one should choose a personal injury attorney based on whether or not the attorney rides a motorcycle. By the way, I am licensed by California to ride motorcycles and did as a young man and then again much later in life. Personally I stopped riding because my son-in-law was in a horrific motorcycle accident and suffered pervasive brain injury even though he wore one of the best helmets on the market. The doctors didn’t expect him to survive Intensive
Care; but if he did, they said he would be in a permanent vegetative state. Fortunately for him and our family, the doctors were wrong. He is making a full recovery which we anticipate will take about 5 years. Whether the motorcycle accident/personal injury attorney rides a motorcycle or not, is irrelevant to his competency as a lawyer. Use good judgment and sound criteria when you retain your motorcycle accident attorney.
How To Hire An Attorney To Handle A Motorcycle Accident Case
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What to do in case of a car accident?
Knowing what to do if an accident happens is important. Acting wisely can protect your legal rights and also save lives. Listed below are some suggestions to follow if you are involved in a car accident :
1) Stop your vehicle as soon as it is safe and legal.
2) Don’t flee the scene. Some people panic after an accident and make the mistake of leaving the scene. That is a crime and also could potentially contribute to further injury or death to another person involved in the accident.
3) Get out of the line on-coming traffic.
4) If you are able, warn on-coming traffic with flares or cones. This can prevent other accidents and collisions as well as safeguard you and the others that were in an accident.
5) If anyone is injured, immediately call 911 for police and paramedic assistance.
6) Exchange information with the other people involved in the accident. The information should include names, addresses, phone numbers, model and make of vehicles involved, driver’s license numbers, vehicle registration, and insurance information. Be sure to verify the date on the insurance card.
8) Also, if there are witnesses, it is of utmost importance to get their names, addresses, and phone numbers. Also, write down anything any witness says to you. Note the time and location where the statement is made. Note down the description of the witness including how the person is dressed.
9) Don’t talk about the accident with the other parties or witnesses or then to gather information. The exception is, of course, you are obligated by law to exchange name, addresses, registration, and insurance information. And, you have an obligation to cooperate with law enforcement. The other exception is to declare any injury you sustained and request for paramedic assistance.
10) People are often dazed after an accident and have a tendency to say “I’m sorry” even if it wasn’t their fault. It is a very common occurrence. Be forewarned – don’t tell anyone the accident was your fault.
11) If you are hurt, see a health care provider. It is not uncommon for people to suffer injuries that are not immediately realized. Sometimes symptoms don’t manifest until hours or even days after the accident. Take care of yourself by having yourself examined by a qualified health care provider.
12) The DMV has forms to report accidents. Go to the DMV or its website, download the forms and mail them in. Keep a copy for your own records.
13) Assuming you have insurance, you should promptly notify your own vehicle insurance company. All insurance contracts require prompt notice of an accident and also require the insured to cooperate with the insurance company.
14) Don’t offer to pay anything to anyone involved in the accident. Sometimes people want to try to keep insurance companies out of it for fear their premiums may go up because they were involved in an accident. Avoid this temptation. Failure to notify your insurance could jeopardize coverage. Furthermore, sometimes people think they are okay or that they are not going to pursue a claim and later things change. Don’t try short-cuts. Do it right from the beginning.
15) If possible, take pictures of the people involved in the accident, witnesses, the vehicles, the roadway, and any other things that are relevant to the accident, such as roadway skids, debris, and signs. If in doubt about whether to take a picture of a part of the scene or something else that you think is relevant, just get the picture. You can always set aside unneeded pictures, but you may regret not taking a picture of something that later turns out to be important.
16) It is wise to consult with a personal injury lawyer to discuss the accident and learn your rights and liabilities. Generally, personal injury attorneys work on a contingency fee basis and will offer a free consultation.
A person injured in an automobile accident caused by a negligent driver, has a legal right to try to get the negligent driver to pay for the pain and suffering and other damages one has suffered. Being partly at fault for an accident does not preclude recovery from the other driver. California takes into consideration the comparative fault or negligence of each of the drivers involved in an automobile accident.
It is important to figure out who was at fault for an accident. Sometimes, the police or law enforcement arrive on the scene and make a report which includes an opinion of fault. In other cases, the determination of fault may have to be decided based on the parties’ statements, witness statements, and physical evidence. Consulting with a personal injury lawyer is a good idea. Personal injury attorneys are accustomed to reviewing and analyzing statements, and evidence to determine fault.
Equally important is to ascertain the negligent driver’s ability to respond to damages. Usually, that means finding out whether the party has insurance. By law, that information is supposed to be exchanged at the scene of the accident. But even if it is, one still must determine if the policy was actually in force at the time of the accident.
Although the law requires each driver to have the ability to respond in damages by either self insurance or a vehicle liability insurance policy, the reality is that a significant minority of drivers has no insurance and do not have the ability to respond in damages. If you have uninsured motorist coverage, recovery of damages from your own insurance policy is possible. But, remember trying to recover from your own insurance company is an adversarial context and you should be represented by experienced legal counsel.
Do not try to tough it out. If you were injured in car accident, seek medical attention as soon as possible. Keep records of your medical treatment. Document your pain and suffering and how the injury is interfering in your life. This will be important in evaluating your damages. Do not discuss your case with anyone other than the police, your doctor, lawyer, and your own insurance company. Statements that you make to third parties may constitute admissions which would be admissible in court. Statements made to your attorney are confidential communications protected from disclosure under the attorney-client privilege.
In California, buy statute, personal injury actions must be filed within two years of the time of the accident. But there is a much shorter time for filing a claim against a government entity. A claim is against a government entity must be filed with the government entity within 6 months of the accident. A timely and appropriate government claim is a prerequisite to a civil lawsuit.
What to do in case of a car accident?
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The natures of a Burn Injury
A Burn injury can be horrifying and dreadfully painful. A Third-degree burn injury frequently requires years of nursing and treatment that include hospitalization, numerous surgeries, frequent visits to a doctor, and bodily therapy. A first-rate knowledge of the three varieties of a burn injury could be of help to you in deciding on the sort of cure you could require and the promptness of seeking medical help.
First-degree burn
This is the least grave nature of burn. It causes the skin’s outer layer to get burned. However, the burn isn’t that deep to have an effect on the skin’s second layer. This extent of burn usually results in the skin taking on a reddish tinge, a little inflammation at and about the wound and also uneasiness/ soreness at the spot.
Second-degree burn
This nature of burn comes about after the skin’s primary layer has got burned through damaging/burning the skin’s second layer also. Blisters build up at and about the wound spot and the skin has a deeply reddened, sludgy appearance. Second-degree Burn Injuries can generate rigorous inflammation and severe pain.
Third-degree burn
This nature of burn happens to be the gravest form of burn that an individual can get afflicted with and involve every layer of the skin. This nature of burn causes wide-ranging demolition of the skin as well as the core derma bringing about everlasting tissue damage. Muscle, Fat, and also the bone could get affected. Areas could be burnt black or take on a dried out and white appearance. Trouble in breathing, poisoning of carbon monoxide, or additional toxic effects could crop up in smoke inhalation accompanying the burn.
For such a burn you must instantly call up 911. If you’re unable to establish the graveness of any burn you must seek instant medicinal attention. The time that transpires from the time of the occurrence of the burn occurs till the commencement of the treatment is remarkably crucial. Indecision and a “wait and observe” approach can be the cause of any burn turning become more grace and detrimental to the casualty.
Generally there are 450,000 victims of burn injury in USA yearly that take medical cure for the injuries that they sustained. There’re an estimated 3,500 burn and inferno associated deaths yearly, with approximately 3,000 of such deaths resulting from suburban fires. 500 of the fatalities are from additional mishaps like aircraft and auto accidents, electrical mishaps, chemical mishaps or mishaps cause by exposure / straight contact with scorching liquids. Approximately 45,000 people have to be hospitalized every year as a result of burn wounds. Numerous of such people have to be hospitalized at the medical facilities that have highly specific burn centres committed exclusively to the cure and recuperation from rigorous burns.
Get a legal reprehensive for a severe burn
A grave burn is able to be the outcome of innumerable causes and they could be well out of your capability of controlling or preventing. If it so happens that you or any of your near or fear people incur a burn wound and you believe that it had been the direct outcome of any product or carelessness of a person, make contact with an attorney right away as he can be of help to you throughout your time of requirement and distress. You could be entitled for reimbursement for covering the expenses of medical receipts, loss of incomes, tenderness and distress, and other fiscal burdens that you could experience while you’re recovering.
The natures of a Burn Injury
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A Personal Injury advocate can help in case of a Dog Bite assault
Going by recent numbers from “CDC,” over four million dog bite cases occur in a given year. Though al such bites do not require visit to any emergency facility or lawsuits, numerous do. Getting to know more regarding your rights following any bite and what to expect after you’re a casualty of a bite can be of help to you in responding the correct way and protecting yourself following a bite.
What is to be done if you suffer a dog bite?
Following the attack do not delay even a moment in getting medical attention. You must also find the dog owner’s name and his contact info provided that you don’t already have it. In the event of the dog having harmed over a single-family member, who include your pet, try to find medicinal / veterinary care for all injuries. Medical care is not just going to accelerate your recuperation and put off infection but will also document whatever happened to you. Take snaps of the sight and dog in position if feasible for fully documenting the setting. An accomplished, personal injury legal representative can be of help to you in determining what is to be done next. However, the information given below can be of help to you in deciding if you must take action.
Not simply bites
Even as most dog-associated injuries are the result of bites, a dog could hard you without biting you severely. If you’ve got floored an overeager pet/ an unmanageable, off-leash dog, you’re still able to sue to recuperate your damages. Discussing with a Dog Bites Injury Attorney can go a long way in helping you find out more regarding your options.
All dogs can bite and it isn’t just dogs that bite
Even as a number of neighborhoods do prohibit perilous breeds, all dogs have the possibility of biting and causing brutal injury. The mass or variety of a dog is less significant compared to the injuries and wounds you incurred. Regardless of you being bitten by a fuming Chihuahua or a livid Pit-bull, you do have options, which include the facility to sue the owner of the pet for your wounds and pain.
Although all dogs can bite, every animal injury isn’t due to dog attacks. If an exotic pet, bird or other animal, you still have the ability to sue to recoup your injuries. People can and have kept exotic and dangerous animals as pets, making headlines only when the animal in question grievously harms a visitor or bystander. Contacting a personal injury attorney is the best way to learn more about your rights after any animal attack.
One bite decree
Fifteen states, among which is Oregon, maintain “One Bite” decrees that present directives for lawsuits. Anyone having had a dog bite while in any of the One Bite states is not prohibited from suing the dog owner. It just means that you have additional ways of resource if the concerned dog has bitten somebody before. A dog that has already been the cause of someone’s injury has established itself as a peril, and its landlord ought to have taken practical precautions for protecting others. Any personal injury legal representative can be of help to you in getting to know more on the subject of One Bite and how it could affect your case.
A Personal Injury advocate can help in case of a Dog Bite assault
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