Know The Basics Of A Personal Injury Case
- by dn29v
Personal injury cases are on the rise with people getting involved in Truck – Car accidents more and more.You should always find an great Truck Accident Lawyer because an injury can lead to physical and emotional stress. Most accidents happen due to negligence and recklessness. Whenever you or your loved one is injured, you can always claim compensation. You can file an injury claim if you are a victim of someone else’s negligence.
An injury can occur due to an auto accident, slip and fall case, deficient product, medical malpractice and more. These cases are handled by civil court proceedings, and the injured has to prove that the injury is caused due to the negligence of another person. Settling the dispute is easier through a formal lawsuit. The government as in the case of criminal law suits cannot initiate the proceedings. The victim has to seek the advice of the personal injury lawyer.
Only a formal lawsuit can help settle the case. In most cases, an informal settlement is sought. This is where both the parties sit together and come to a decision on the claims. Lawyers and insurers are involved in the negotiation process. There is a lot of negotiation that needs to be done to come to a fair compensation.
A written agreement will be signed, and the action taken will benefit the injured. There are laws that govern the personal injury case, and only a personal injury lawyer can help the claim process. Moreover, the personal injury lawyer calculates the claims after considering the physical, mental and emotional loss of the injured.
Read Also Why Hire a Personal Injury Attorney?Read More
What Are The Different Types Of Personal Injury Cases?
- by dn29v
Accidents can be of many types in a personal injury case. What victims have to be aware is that accident is caused due to the carelessness of someone else. Having the right knowledge about negligence can help go for claims. A lawyer with prior experience in accident injury can understand the case and fight for claims.
There are many accident injury cases and the most common among them include, auto accidents which are the most common among personal injury cases. An auto accident case is where a victim is hit by another drive and suffers injuries. Financial compensation can be claimed in this case. The driver can be held for negligence of over speeding, DIU, traffic violations, etc.
Accidents in the workplace are another common form of accident. Here the victim is injured at the workplace, and there is every possibility of claiming workers compensation for injuries. Hire a lawyer that has prior experience in handling workers compensation cases. Slip & fall is another case that can lead to severe injuries and at times fatal as well.
There are many aspects to take into consideration while filling compensation for slip and fall case. The building management is responsible for slip and fall on a wet floor, uneven pavement or due to other environmental causes. It is important for the attorney to check for the violations that might have occurred at the builders end to claim compensation.
Medical malpractice can also result in personal injuries. The carelessness of the physician can result in injury. Mishaps by licensed medical practitioners are liable to compensation. Injuries post medical procedure is liable for compensation. Hiring a professional personal injury lawyer that has prior experience in handling similar case could be an added advantage.
Sometimes using defective products can also result in injury. Before putting up the product on the market, the manufacturers have to get approval from the concerned departments on the safety of the product. If proper warnings are not specified on the product, it is easier to seek compensation.Read More
Learn More About Personal Injury Compensation Package
- by dn29v
The options are limitless when it comes to personal injury case. There is a conception that personal injury laws are designed to claim compensation from a large corporation or business houses. In a way, it may be true but it has to be remembered that the individual has all the right to be entitled to compensation. In most cases, personal injury law has created the lifeline for survival.
Many families that have injured or lost their dear ones in accident deserve to be provided with the right compensation for the negligent action of others. An accident can cripple a person for life, leave a child orphaned or leave mounting medical bills to be cleared. In all of these cases, compensation can help ease the situation.
A personal injury claim can provide the justice that can help the injured and their family lead a life of dignity and respect. There are many personal injury compensation packages that are available that include medical treatment and rehab, compensating for present and future income, replacing damaged property both movable and immovable and providing non-monetary losses for the mental agony undergone by the injured and their family.
Apart from this, the compensation will be provided in terms of monetary means to the injured. Remember that an accident can be highly impacting and can put your life out of track. Choosing the right personal injury lawyer can show the right path to succeeding in getting the most of the claims. It is important to learn more about the compensation program and take into account the cost and expenses incurred due to the injury.Read More
Crash lawyer Andrew Houston cleared of causing deaths
- by dn29v
An Edinburgh lawyer has been cleared of causing the deaths of three people by careless driving.
Andrew Houston, 48, had denied driving carelessly on the A9 between Newtonmore and Kingussie on 9 July 2013.
His wife, Abigail, and seven year-old daughter, Mia, died along with German tourist Dr Mohammad Hayajneh.
Houston was convicted of a reduced charge of careless driving. He was fined £1,000 and disqualified from driving for a year.
The trial at Inverness Sheriff Court began on Monday.
Outside the court the family of Dr Hayajneh said they had not wanted Houston jailed but did not feel justice had been served.
Mr Hayajneh’s son Jonas said: “We are sad at this verdict and believe that justice has not been done for our father and husband.
“We don’t feel hatred towards Mr Houston and at no point we wanted him to go to prison, but we wanted him to be found guilty since all the evidence suggested he was and we are convinced that this tragedy could have been avoided.
“We now face the prospect of not gaining proper closure.”
Dr Hayajneh’s wife, Ursula, praised the actions of the police and medical staff in the aftermath of the accident.
She said: “After the accident I learned that Scottish people are very helpful, they have a great heart and so friendly and at this horrible time I would say ‘thank you’ to the police and to everybody who were so helpful to me.”
Houston is a senior partner at McSporrans defence Solicitors in Edinburgh.
Now the family will pursue a civil action against Houston.
He made no comment as he left the court with the mother of his late wife and her sister.
However, his defence counsel, Frances McMenamin said: “His mother and sister in law have been fully supportive of my client since the tragedy and it hardly needs saying that Mr Houston will always carry the burden of the loss of all those lives and knows the grief and loss to others.
“It has taken its toll on him both emotionally and physically and he has found it psychologically difficult to cope with.
“He expresses his inevitable sadness for what this loss has meant to others.”
It was five months before the solicitor advocate was fit enough to be interviewed by police about the tragedy.
But he could not remember how it happened, only a loud bang “and the horrid aftermath” he told officers.
How to Hire an Attorney
- by dn29v
Gavel and scale being held by female lawyer against a white background
There are two professionals every business will need early on: an accountant and a lawyer. The reasons for hiring an accountant are pretty obvious–you need someone to help you set up your “chart of accounts,” review your numbers periodically, and prepare all of your necessary federal, state and local tax returns. The reason for hiring a business attorney may not, however, be so apparent. A good business attorney will provide vital assistance in almost every aspect of your business, from basic zoning compliance and copyright and trademark advice to formal business incorporation and lawsuits and liability. First, some general rules about dealing with lawyers:
If you are being sued, it’s too late. Most small businesses put off hiring a lawyer until the sheriff is standing at the door serving them with a summons. Bad mistake. The time to hook up with a good business lawyer is before you are sued. Once you have been served with a summons and complaint, it’s too late–the problem has already occurred, and it’s just a question of how much you will have to pay (in court costs, attorneys’ fees, settlements and other expenses) to get the problem resolved.
America’s judicial system is a lot like a Roach Motel–it’s easy to get into court, but very difficult to get out once you’ve been “trapped.” Most lawyers agree that while nobody likes to pay attorneys’ fees for anything (heck, let’s let our hair down–nobody likes paying or dealing with lawyers, period), but the fee a lawyer will charge to keep you out of trouble is only a small fraction of the fee a lawyer will charge to get you out of trouble once it’s happened.
Big firm or small firm? Generally speaking, the larger the law firm, the greater the overhead, therefore the higher the hourly rates you will be expected to pay. Still, larger firms have a number of advantages over smaller ones. Over the past 20 years, lawyers have become incredibly specialized. If you use a solo practitioner or small firm as your lawyer(s), it’s likely that they will not have all the skills you may need to grow your business. I don’t know of any solo practitioner, and very few small firms (under 10 lawyers) that could handle your lawsuits, negotiate your lease of office or retail space, file a patent or trademark, draft a software license agreement, advise you on terminating a disruptive employee, and oversee your corporate annual meeting. Sooner or later, these “generalists” will have to refer you out to specialists, and you will find yourself dealing with two or three (or even more) attorneys.
While larger firms are more expensive to deal with, they have two significant advantages: 1) they usually have all the legal skills you need “under one roof,” and 2) they have a lot of clout in the local, regional and (perhaps) national legal community. A nasty letter from a “powerhouse” law firm with offices in 30 states is a lot more intimidating than a nasty letter from a solo practitioner who is not admitted to practice in the defendant’s state. Also, being connected with a large, well-established law firm may have intangible benefits–they may be willing to introduce you to financing sources or use their name as a reference when seeking partnership arrangements. Certainly if you run a fast-growing entrepreneurial company that plans to go public (or sell out to a big company) some day, you would need to work with lawyers whose names are recognized in the investment banking and venture capital communities.
Types of Attorneys
Like doctors, lawyers are becoming increasingly specialized. Someone who does mostly wills, house closings and other “non-business” matters is probably not a good fit for your business. At the very least, you will need the following sets of skills. The more skills reside in the same human being, the better!
1. Contracts. You will need a lawyer who can understand your business quickly; prepare the standard form contracts you will need with customers, clients and suppliers; and help you respond to contracts that other people will want you to sign.
2. Business organizations. You will need a lawyer who can help you decide whether a corporation or limited liability company (LLC) is the better way to organize your business, and prepare the necessary paperwork.
3. Real estate. Leases of commercial space–such as offices and retail stores–are highly complex and are always drafted to benefit the landlord. Because they tend to be “printed form” documents, you may be tempted to think they are not negotiable. Not so. Your attorney should have a standard “tenant’s addendum,” containing provisions that benefit you, that can be added to the printed form lease document.
4. Taxes and licenses. Although your accountant will prepare and file your business tax returns each year, your lawyer should know how to register your business for federal and state tax identification numbers, and understand the tax consequences of the more basic business transactions in which your business will engage.
5. Intellectual property. If you are in a media, design or other creative-type business, it is certainly a “plus” if your lawyer can help you register your products and services for federal trademark and copyright protection. Generally, though, these tasks are performed by specialists who do nothing but “intellectual property” legal work. If your lawyer says he or she “specializes in small businesses,” then he or she should have a close working relationship with one or more intellectual property specialist.
What to Ask When Interviewing Attorneys
Are you experienced? Don’t be afraid to ask direct questions about a lawyer’s experience. If you know you want to incorporate your business, for example, ask if he or she has ever handled an incorporation.
Are you well-connected? Your business attorney should be something of a legal “internist”–one who can diagnose your problem, perform any “minor surgery” that may be needed, and refer you to local specialists for “major surgery” if needed. No lawyer can possibly know everything about every area of law. If your business has specialized legal needs (a graphic designer, for example, may need someone who is familiar with copyright laws), your attorney should either be familiar with that special area or have a working relationship with someone who is. You shouldn’t have to go scrounging for a new lawyer each time a different type of legal problem comes up.
Do you have other clients in my industry? Your attorney should be somewhat familiar with your industry and its legal environment. If not, he or she should be willing to learn the ins and outs of it. Scan your candidate’s bookshelf or magazine rack for copies of the same journals and professional literature that you read. Be wary, however, of attorneys who represent one or more of your competitors. While the legal code of ethics (yes, there is one, believe it or not) requires that your lawyer keep everything you tell him or her strictly confidential, you do not want to risk an accidental leak of sensitive information to a competitor.
Are you a good teacher? Your attorney should be willing to take the time to educate you and your staff about the legal environment of your business. He or she should tell you what the law says and explain how it affects the way you do business so that you can spot problems well in advance. The right lawyer will distribute such freebies as newsletters or memoranda that describe recent developments in the law affecting your business.
Are you a finder, a minder or a grinder? Nearly every law firm has three types of lawyer. The “finder” scouts for business and brings in new clients; the “minder” takes on new clients and makes sure existing ones are happy; the “grinder” does the clients’ work. Your attorney should be a combination of a “minder” and a “grinder.” If you sense that the lawyer you are talking to is not the one who will actually be doing your work, ask to meet the “grinder,” and be sure you are comfortable with him or her.
Will you be flexible in your billing? Because there is currently a “glut” of lawyers, with far too many practicing in most geographic locales, lawyers are in a position to have to negotiate their fees as never before, and it is definitely a “buyer’s market.” Still, there are limits–unlike the personal injury lawyers who advertise on TV, business lawyers almost always will not work for a “contingency fee,” payable only if your legal work is completed to your satisfaction.
Most lawyers will charge a flat one-time fee for routine matters, such as forming a corporation or LLC, but will not volunteer a flat fee unless you ask for it. Be sure to ask if the flat fee includes disbursements (the lawyer’s out-of-pocket expenses, such as filing fees and overnight courier charges), and when the flat fee is expected to be paid. Many attorneys require payment of a flat fee upfront, so that they can cover their out-of-pocket expenses. You should always ask to “hold back” 10 to 20 percent of a flat fee, though, in the event the lawyer doesn’t do the job well.
Lawyers will be reluctant to quote flat fees if the matter involves litigation or negotiations with third parties. The reason for this is bluntly stated by a lawyer friend of mine: “Even though it’s a transaction I’ve done dozens of times, if the other side’s lawyer turns out to be a blithering idiot who wants to fight over every comma and semicolon in the contracts, then I can’t control the amount of time I will be putting into the matter, and will end up losing money if I quote a flat fee.” In such situations, you will have to pay the lawyer’s hourly rate. You should always ask for a written estimate of the amount of time involved, and advance notice if circumstances occur that will cause the lawyer to exceed his or her estimate.
If a lawyer asks you for a retainer or deposit against future fees, make sure the money will be used and not held indefinitely in escrow, and that the lawyer commits to return any unused portion of the retainer if the deal fails to close for any reason. You should be suspicious of any lawyer who offers to take an ownership interest in your business in lieu of a fee.
Questions to Ask Yourself Before Hiring an Attorney
Is this person really a frustrated businessperson disguised as a lawyer? Some lawyers get tired of being on the outside looking in when it comes to business dealings. Such a lawyer may attempt to second-guess your business judgment. Be wary of a lawyer who takes too keen an interest in the nonlegal aspects of your work.
Does this person communicate well? J. P. Morgan once said, “I do not pay my lawyers to tell me what I cannot do, but to tell me how to do what I want to do.” The right lawyer for your business will not respond to your questions with a simple “That’s OK” or “No, you can’t do that,” but will outline all your available options and tell you what other businesses in your situation normally do.
Are the offices conveniently located? You will need to visit your attorney frequently, especially in your first few years in business. You should not have to waste a day traveling to and from the nearest city each time you need legal advice. When in doubt, choose a lawyer close to home.
Do I like this person? Don’t forget to follow your instincts and feelings. You should be able to communicate openly and freely with your attorney at all times. If you feel you cannot trust a particular lawyer or you believe the two of you have different perspectives, keep looking. Just remember that Ally McBeal is not reality: good looks and a dynamic personality are not as important in a lawyer as accuracy, thoroughness, intelligence, the willingness to work hard for you and attention to detail. As a former client once told me: “My father always said, ‘Never trust a lawyer who has 20/20 vision and wears Armani.’ I chose you as my lawyer because you look like you work for a living.” The right lawyer for your business will take that as a compliment.
Why Hire a Personal Injury Attorney?
- by dn29v
Injuries and accidents always happen unannounced, and you might face the worst experiences in such situations. The worst part is you become a victim for the fault that someone else committed. Of course, an accident or injury will definitely take a toll on your financially as well as physically. When it has happened due to the fault of someone else, you might be emotionally devastated. It is not an easy job to pay the price for the fault of another person. The best thing you can do in such cases is to claim compensation for the damages that you are facing due to the accident.
In order to claim the right compensation without any loss, you need to hire a personal injury attorney who will assist you in the case. This is a necessity as claiming for the compensation is not quite easy as it might sound. There are many legal concerns that are involved in the procedure. If you are unsure how a personal injury attorney will be of help in such situations, you will definitely be happy to know that such attorneys are specialized in the field of personal injury. Hence, such professionals will have enormous knowledge about this law and the updates regarding the same.
If you hire an experienced and highly competent personal injury attorney, he or she will be able to handle even the trickiest situations in the courtroom with confidence and elegance. Such an attorney will guide you through the personal injury case without any hassle.
In addition, the person will handle all the necessary paperwork and estimate the amount that you have to receive. In case you do not have a personal injury lawyer, there are not many chances for you to receive the desired compensation for the accident case. So, if you want to receive the compensation that you deserve, you will have to have a auto accident attorney that specializes personal injury by your side to represent you.
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