LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Mon, 14 Oct 2019 09:48:06 -0400 The Legal Process of Filing a Personal Injury Claim There are several types of personal injury cases—from car accidents, injuries caused by defective products, workplace-related injuries, slip, and fall, dog bites to medical malpractice among others.  While every personal injury case is unique, there are certain common elements that you can expect to counter as the plaintiff. For instance, you need to understand the legal process of filing a personal injury claim. Without further ado, let’s look at the steps that you need to take to file a personal injury claim.

  1. Understand the Statute of Limitation

You can file a personal injury claim any time after the accident provided that it is within your state’s statute of limitations, which is essentially the legal timeframe within which you are allowed to take legal action. In Florida, for instance, this can be:

  • Personal injury cases: 4 years from the day the injury occurred
  • Wrongful death suits: 2 years from the date death occurred
  • Claim against government agencies: 3 years from the injury date
  1. Seeking Medical attention

This is the first step to take after being injured in an accident. Don’t assume that if you don’t feel any pain or symptoms after an accident, then you shouldn’t seek medical examination. This can be a big mistake because you can find yourself in serious pain months or a year later.

Forging proper medical check may also work against you when it comes to getting the right compensation for your injuries. The responsible party’s insurance company can use the fact that you didn’t seek medical attention to question the severity of your injuries.  

  1. Hire an attorney

The next thing to do is to hire and retain a personal injury lawyer. Of course, this is not mandatory when it comes to the legal process of filing a personal injury claim but doing so comes with a lot of perks. Personal injury victims who hire attorneys, for instance, have been shown to receive bigger settlements, have an edge over the legal process, and have less stress to deal with because they have an experienced professional working on their behalf. 

  1. Setting Up A Claim

The next step is for you (if you don’t have an attorney) or your attorney to inform the responsible party and their insurance provider that you plan to file a claim. At times, this move alone can help you get faster compensation.

  1. Negotiating for compensation

After showing the party at fault that you plan to file a claim, you or your attorney can demand compensation before or after filing a suit. To arrive at an amount that’s fair for both parties, you will enter into “back and forth” negotiation process until you reach a compromise. Else, the suit is filed and the case is taken to trial.

  1. Filing a lawsuit

If your respondent doesn’t respond with a fair or acceptable offer, you or your attorney may choose to file a lawsuit in a bid to seek the amount of compensation that you need. In this stage, there is a trial process that will be followed and understanding it will boost your chances of success. The process is as follows:

  • You initiate the lawsuit by filing a complaint about the damages, which basically a written document detailing your claims and the amount of compensation you are seeking to receive.
  •  The information is then exchanged between the parties in the lawsuit. You will be required to testify under oath regarding your injuries. The oath is recorded for use at later stages of the trial.
  • The case then goes to trial where the evidence is presented to the court. The jury weighs the contested issues and makes a decision based on the evidence that they find to be more credible.
  • If you prevail, the jury establishes the amount of compensation that you should be awarded.

 Basically, that’s all about the process of filing a personal injury claim. Most cases tend to settle before trial and at any point in the stages described above, the case can be settled. What’s common, especially if the first evidence establishing the damages is not conclusive is that the settlement is reached after the discovery process has gone on for some time. 

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4 Different Factors That Influence Your Vehicle Accident Claim Compensation There’s an interesting phenomenon driving vehicle accident claims in a country like Singapore. According to the latest numbers from the General Insurance Association (GIA) of Singapore, the motor insurance sector has seen an increase in claims by 11.8%, or $291.3 million, in spite of a 4.3% drop in the number of vehicular accidents reported.

Two conclusions have been drawn up by experts: one is that many of the injuries incurred by victims are more severe in nature, and another is that citizens are truly taking the initiative to seek legal assistance for their redress.

If a vehicle accident is more than just a statistic to you—and you are currently aggrieved about your health, your finances, and your wellbeing because you have experienced one—then you must turn to a personal injury lawyer to help you file a claim. Your goals with your lawyer are threefold: for you to gain rightful compensation for the damage dealt to you and your property, for you to establish who is accountable for the harm from the accident, and to prevent future accidents of the same kind from happening again—not just to you, but to other people.

Filing a claim requires a lot of careful work. However, it will pay off if you can prove the liability of the party that had due care over you and if you can justify the amount in damages that you are seeking. With that said, this article aims to give you a briefer on everything you should know beforehand, i.e. the factors that will influence the success of your claim, who you’ll be up against in your battles, and how much you can expect to receive as your compensation. 

  1. The type of damages you and your personal injury lawyer are seeking. Damages for vehicular accidents fall under three categories, depending on the circumstances of the aggrieved:
     
    1. General damages. This is a type of monetary compensation that can’t be calculated in exact terms, but it can be gleaned from documents such as medical reports. Some examples of general damages are: damages from pain and suffering, damages from losing your earning capacity, and damages for medical expenses that you can anticipate in the future.

    2. Special damages. Special damages, on the other hand, can be quantified more clearly in documents and hard evidence of loss. They include current medical expenses, valuation of loss to property, and other areas of compensation that manifest in receipts, invoices, or pay slips.

    3. Provisional damages. If a claimant is awarded provisional damages, it means that they can return to court to seek additional compensation in the future. This additional support will prove crucial if you are suffering from complications from the vehicular accident.

There’s a clear reason why you need to learn about these types of damages: it will help you and your lawyer be clear about what are you fighting for and how you must equip yourself to be successful in your claim.

  1. Whether you are making a first-party claim or a third-party claim. Claims that involve vehicular accidents are either made as first-party claims (with you, as the policyholder, demanding redress from your insurance provider) or third-party claims (with you, as a non-policyholder, demanding redress from someone else and their own provider). The type of claim is what attributes who is at fault for the accident and who needs to be accountable for the injury—whether it’s you, the company that’s insured your vehicle, or the person who has harmed you due to their own negligence.

  2. Your timeliness and thoroughness in making a case for yourself. Don’t forget that time is of the essence when you are preparing to make a claim for vehicular accident compensation. The sooner you seek legal assistance and demonstrate the urgency of your situation, the higher your chances are of success. It’s in your best interest to file early so that you can attain closure and heal faster. In addition, you should be as thorough as possible when gathering documents for your claim, such as photos of your injury and the damage incurred, medical bills, copies of your insurance coverage, and whatever else your lawyer advises you to have on hand.

  3. The skill and the expertise of your lawyer. Putting together a vehicular accident claim requires a lot of technical and precise work. That’s why it’s of utmost importance to hire a lawyer who specializes in the practice area of personal injury. Experience will have taught them how to deal with complex issues like liability and finances in court. They will also know how to help you achieve the outcome you need, instead of bare-minimum compensation or nothing at all.

If you are based in Singapore and need assistance in filing for a vehicular accident claim, visit the Viviene Sandhu Clifford Law Profile of a legal exemplar in the area of personal injury law. Viviene Sandhu is a partner of the elite firm Clifford Law and has 20 years of expertise under her belt. She has also set several benchmarks in the country for the awarding of damages in personal injury-related cases.  If you’re seeking to resolve a vehicular accident claim, then you will want a lawyer of the same caliber to champion your rights.

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Why you should hire a birth injury attorney when medical complications arise What Is a Birth Injury?

A birth injury is a catastrophic injury caused to a normal, healthy fetus during a planned caesarean or vaginal birth. These injuries can be severe and painful. Injuries can occur from any surgical procedure. Here are some quick examples of commonly reported birth injuries:

Placental abruption — A rupture of the placenta, which can result in death

Perineal tears — A wound to which the membranes from the pelvic region become perforated

Subdural Hematoma Cerebral Palsy -  basal ganglia damage a part of the brain responsible for muscle movement. Damage or impairment of the brain results in different outcomes depending on the part of the brain affected.

Why a birth injury lawyer?

The legal defense of a birth injury lawsuit differs from most types of civil lawsuits because it involves personal injury. These cases may be difficult to prove in court, but birth injuries lawyers understand that it's critical to help your loved one with issues such as grief, depression or disability or when they are suffering from an overwhelming injury. An attorney can help navigate through the various court proceedings and help your loved one get the support that they need and deserve.

How to choose a birth injury lawyer!

Know which options are available before you hire one

A birth injury lawyer can take a positive step within the first day of your child's life by determining what you need to do and what options are available, and how long your family can afford to wait.

Choosing one

There are plenty of attorneys who are able to give excellent legal advice and representation (including representation from the first day to the end of the case). You probably don't want to make the same mistake.
So here are my recommendations for choosing the best birth injury attorneys

Qualifications

Your birth injury lawyer is not a surgeon or an emergency room doctor, and he/she will not be looking at each birth injury case from a professional medical perspective. In fact, he/she will only be looking at the injury in the light of an expert birth injury lawyer. For this reason make sure to hire a lawyer who is fully trained and qualified in all areas concerning birth injury law!

Seasoned/Has Apathy towards your case

Your baby's birth injury lawyer will be in your corner to take the best action to protect your rights and protect your child. They'll make sure that no other doctor or hospital tries to profit off of your newborn's injuries, and they'll find a path for you to get the care you need that's right for you.

 If you are unsure of where to get legal help for your birth injury, visit the Legal Aid Offices page for a list of birth injury attorneys throughout your state.

Don't make the choice you don't have to make! Contact a birth Injury Lawyer Today!

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Why Hire a Personal Injury Lawyer When You Can Pursue Compensation Yourself Here's the thing. You can pursue workers' compensation unassisted after involvement in a work-related accident. But you probably shouldn't go that route. Almost always, it's much better to engage a competent personal injury lawyer right from the get-go. 

But why hire an expensive lawyer when you can pursue justice unrepresented? Here are 6 reasons engaging a proven personal injury attorney is preferable to doing it yourself. 

  1. You're Most Likely Stressed Out

Whether it’s a minor or major accident, you're probably stressing over what'll happen. But things get much worse if the accident resulted in severe pain and suffering. Such a situation saps one's energy, regardless how strong and tenacious they might be. 

You need support. But family support may not be sufficient. According to Hutchison & Stoy accident law firm you need legal support, too. You need someone who can correctly answer all the legal questions racing through your anxious mind now. Fortunately, most lawyers are friendly and caring legal experts. A good attorney becomes that voice of reason you need at this trying time.

  1. Personal Injury Law is Extensive, Complex, and Confusing

Law can be confusing. That's because it's extremely involved and full of seemingly meaningless technical jargon. Even if you're an attorney, you'd still want to have someone else thinking through everything for you. Especially if you sustained head injuries.

Do you really want to read complex code when you're feeling this weak? How much law would you understand when you’re possibly traumatized? It's best — at least in most cases — to let an attorney handle all the technical aspects of your case. 

  1. Need Help with Medical Expenses and Court Costs?

Regardless of the lawyer you choose, understand that litigation can be quite expensive. You must pay a medical expert to prepare the usual medical report. In addition, you have to sort out court costs. All these costs can dramatically increase your anxiety.

Fortunately, most law firms have no qualms about advancing financial costs to cover court and medical report costs. Also, most attorneys typically help their clients to access quality medical care on a lien. They assure healthcare providers that their patient will clear the medical bill after receiving damages.

4 .Insurance Issues

Insurance is another complicated area when it comes to personal injury cases. Insurance carriers seem to speak some alien language that only lawyers and other experts understand. 

There's underinsurance, reimbursement to Medicaid, first party underinsurance claims, and reporting to DMV. There are also written-in-fine-print insurance limitations, exclusions, and other confusing stuff. 

Personal injury attorneys understand all this technical stuff. They ensure you never get overwhelmed or unfairly treated. 

  1. Advice When Making Important Decisions

What should you do: settle, arbitrate, mediate, or file suit? Alternative dispute resolution before or after court process can be extremely complicated. And typically, insurance companies won't negotiate out of court with unrepresented persons. You certainly would need a good lawyer in such a situation. 

  1. Minimize Chances of Case Dismissal

Unrepresented claimants often get their cases dismissed on the basis of technicalities. You didn’t follow the correct court or litigation procedure. And your case gets dismissed — just like that. A lawyer ensures you handle everything right. In addition, they ensure you fulfill every requirement in a timely manner. No surprises down the road. 

Look, engaging a legal expert from the get-go is a really good idea. It's just unwise to proceed with such a sensitive process unrepresented. You really should contact a competent personal injury lawyer or a worker's compensation attorney and …. relax. 

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Chapter 13 And You: A Journey Of Repayment Bankruptcy can be a difficult process to navigate, as it requires detailed actions in order to ensure a successful outcome. Filing for bankruptcy is best done with the help of a professional bankruptcy lawyer who is able to guide you as you decide if bankruptcy is right for you and then direct you through the individual requirements and conditions of the type of bankruptcy that you best qualify for.

Chapter 13 Or Chapter 7 Bankruptcy

There are several types of bankruptcy for individuals facing the overwhelming burden of debt.  Under Chapter 13 Bankruptcy, the debtor is makes consolidated payments for their total debt under a manageable repayment plan. Chapter 13 allows debtors to prevent the loss of personal property, avoid foreclosures, repossessions, or shut off of services as they work towards paying down their debt.

Another common type of bankruptcy for individuals is Chapter 7. Different from Chapter 13, Chapter 7 will result in loss of personal property for the debtor. Under Chapter 7 Bankruptcy, the assets and property of the debtor are liquidated, or sold, in order to pay off their debt.

In comparison, Chapter 7 provides a shorter solution as liquidation typically takes around 4 months. Chapter 13 repayment plans last three to five years depending on the person’s level on income.

The Process For Chapter 13 Bankruptcy

The first step in filing for bankruptcy, regardless of what type, is to speak to an experienced bankruptcy lawyer with a detailed understanding of bankruptcy law and the bankruptcy court system in your state. Filing for bankruptcy can be technical and complicated if you don’t understand the process and requirements. Failing to complete each aspect of the process correctly or on time can result in dismissal of your bankruptcy case.

Once you have retained an expert attorney, you will then be required to complete extensive and comprehensive paperwork. Be careful to fill out forms carefully so that you avoid any costly mistakes for your case. Before you can file your paperwork, however, you will likely be required to complete a pre-filing credit counseling course. The purpose of credit counseling is to verify that bankruptcy is the right step for your financial situation and ensure that understand what will be required of you going forward.

Once you have completed these obligations, you can file for Chapter 13 bankruptcy. Once you have filed, an automatic stay will take effect prohibiting creditors and debt collectors from taking actions towards collecting the debt.

As part of the necessary paperwork, you will be required to submit a proposed repayment plan describing in detail how you will pay back your debt. Your bankruptcy lawyer and credit counselors can help you to put together a feasible plan that will satisfy the courts. A repayment plan must include all priority debts such as child support, alimony, or unpaid taxes. It must also include secured debts such as mortgages or vehicle loans, along with unsecured debts such as credit card balances or medical bills. You will be required to provide documentation for income sources, assets, and debts.

After your proposal has been submitted, the court will appoint a trustee who will be responsible for overseeing your case. The trustee will be responsible for reviewing your paperwork, evaluating your repayment plan, collecting payments, and distributing payment funds to creditors.

The length of repayment plan will be dependent on two primary factors: your total income and your total debt. Typically three-year plans are approved for those with household incomes about the median for the state, while five-year plan are approved for incomes about the median. During your designated repayment period, you will be required to make monthly payments that will be distributed to your creditors. After the completion of your repayment plan, remaining and eligible debts will discharged. Debts that will not be discharged include mortgage debt, student loans, child support, alimony, unpaid tax debt, and fees associated with your bankruptcy.

Fair Fee Legal Services offers the best Chapter 13 Bankruptcy value in Las Vegas, Nevada with professional service at just a down payment of $799. Simply call, text, or email today to learn more.

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Duties of drivers – What does it actually mean? In any car accident case, it is essential to establish the fault of the offending driver for causing the accident that led to injuries, and dhernandez car accident lawyer makes use of the legal theory of negligence to accomplish the task. They know exactly about what amounts to negligence from a legal perspective that becomes the strongest point for claiming compensation for injuries and damages suffered by the victim.  The onus of establishing the negligence of the other party rests on the victim or plaintiff for which he or she must also have some idea about what are the duties of a driver so that it is possible to point out the deviations to establish that the driver failed in discharging the responsibilities thus amply proving to be negligent.

Protecting pedestrians, other motorists, and passengers is the primary duty of drivers when they are driving on the road. Drivers must ensure safety to others on the road by performing some other duties too that are part of the primary duty of protecting others while driving.  They are responsible for driving at a reasonable speed and have good control over the vehicle besides maintaining the equipment to ensure its safe performance.

As you keep reading this article the meaning of general duty will become clearer so that you can quickly identify the deviations that happen from the stipulated practices and procedures that make it easy to build a case against drivers.

Driving at a reasonable speed

To ensure safe driving, the law clearly states that drivers must always drive at a reasonable speed so that they can control the vehicle better. However, you must not confuse the speed limit set at various stretches along the roads as reasonable speed, which can be even lower than the set limit depending on the situation prevailing at any point in time. For example, the reasonable speed when driving on a busy road can be much less than the recommended safe speeds because the situation demands it for ensuring safe driving. 

Maintaining the equipment

It is the responsibility of drivers to ensure that the vehicle they drive is in good condition to drive it safely on the road. They must conduct periodic inspection of the vehicle and make sure that it operates satisfactorily and remains completely in control. Moreover, drivers must look after all other aspects of vehicle safety, including vehicle emission, and keep it within the specified limit.

Alertness and agility

Drivers must have their eyes and ears wide open to observe everything that is going around them so that they are receptive about the environment and can respond to any situation promptly in the most befitting manner.  Mental alertness helps them to encounter effectively any potential hazards on the road that can arise suddenly due to the actions of other drivers and pedestrians.  If drivers lack in alertness, it becomes a vital point for the plaintiff’s lawyer to establish negligence.

Alert drivers have better reflexes that help to control of vehicles more confidently in all kinds of situations. Since they are attentive and alert, they respond positively during emergencies and can avert disaster.

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Find out why do you need to hire immigration law services? If you are scheduled to go through an immigration process, it is a wise move to avail the services of an immigration law firm. They will help you to avoid any hassles and make the process less cumbersome and time-consuming. Aside from the above, there are many other benefits the reason why individuals prefer availing the expertise of the legal immigration professionals.

In this article, the same will be the focus of the subject. We will discuss that in the paragraphs that follow. So, read on for more information.

Reasons for availing professional aid for immigration

Check out the following points-

  1. You can steer clear of committing any errors

Immigration means there is a lot of documentation to be done. And a layperson can't know the nuances of the paperwork. As such, an immigration lawyer can come to your aid. Hiring a professional means, you are in a better position to go through procedures involving work permits, citizenship, and above all, marriage licenses.

  1. Experience matters

Immigration involves a lengthy process, which is perhaps complex for some. However, hiring immigration law services will allow you to be sure that you are moving in the right direction. You will be in a better position to assess your chances of settlement and the duration it will take for the entire process.

That is because experienced lawyers do not offer umbrella solutions for their clients. The solutions are case-specific. And depending on the individual situation and circumstances, you will get the right set of suggestions and recommendations.

  1. Compliance and administrative requisites

Every immigration process requires extensive detailing not just about documentation but also abiding by the norms of the states and regulatory authorities. And chances are less than you would know every aspect of it thoroughly.

However, with the assistance of immigration law services, you can be sure that the process is strictly according to the norms. You can also be sure that you are adhering to them religiously. And this assessment is best done only by a legal expert.

  1. Explore your options

If you have the assistance of an immigration lawyer, you can explore a wide array of options, which you may not be aware of. Under such circumstances, your lawyer can be of immense help and help you to zero-in on the right solution that will suit your requirements.

  1. Explore legal employment opportunities

If you have a legal degree, you stand a better chance to explore employment opportunities in this sphere with the help of the immigration lawyer. And the best part is since he is into this profession and also knows the finer aspects of the right of an immigrant; he or she will be in a better position to guide you. 

Last but not least, even if you have to shell out a few hundred dollars more, it is worth the money you are spending. It will have a positive impact on your life in the years to come.

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What to do when the cops stop you for a DUI case? Getting stopped on the grounds of drunk driving can be a bewildering situation for you. The police can arrest and send you to lockup. When all these things are happening, you can still build a strong defense in your favor by being aware of your rights. Here are a few tips that can come in handy during those situations.

In this context, you should know that even the arresting officer has to follow some guidelines. They cannot arrest someone merely based on suspicion. They must have some reasonable or probable grounds for stopping you. Also, they cannot capture you without taking proper blood and breath test. Adhering to policies and regulations is a complete must from their end.

Stop your vehicle at a safe place

The police can ask you to stop based on specific observations that he may have made about you. He may think you are drunk or impaired. Although you cannot challenge it at this stage, his report can affect your criminal trial and hearings significantly. You may lose your driving license. So be careful. When he stops your car, you should drive it safely to a proper location. Any hastiness or unexpected behavior can solidify the cop's decision.

Don't do any such activity that can intensify their suspicion

The police generally come from behind as a tactical move so that they can avoid any sudden attack from the driver. So that's normal for them to do. But when this happens, you should stay behind your steering wheel until they come to your window and asks for your ID. Any attempt of turning or twisting of your body part to track their movement can be risky.

Talk to them politely

There can be a battery of questions the officers may ask you, such as how much you drank, when you ate your last meal, where you went, where you are heading, etc. You don't need to answer any of them. Don't even think of telling a lie. You can politely refuse to answer these questions by saying you cannot say anything in the absence of your attorney. Make sure you don't sound rude. Otherwise, they can impose some other charges on you and arrest you. So, when they ask you to get out of the car, oblige them in a friendly and cooperating way.

If they need your name, driving license, insurance and registration details, give them without showing any discomfort.

Remember that even after offering full cooperation, you can get arrested or lose your license. But that is still a better situation than facing jail.

Refuse to submit to a field alcohol and breathalyzer test

You cannot rely on the road-side sobriety and breath test. Hence, you can deny these tests. Go instead for a scientific and thorough examination to avoid any misreport or misinformation. If these tests take place at the police station, then you may say yes. Otherwise, it can become a case of resisting arrest.

Make a note of all the incidents around the arrest

Write down everything that you have a memory of about your arrest so that your lawyer can prepare a strong defense for you. The note can mention:

  • Where you went and why
  • What you drank and how much
  • The gap between the time of your drinking and the time you had to pull over for investigation
  • Officials' behavior and their instructions
  • And all the other minute yet critical details

The penalties can be severe if it's your repeat case. However, if this is the first time, then you can get some relief. Anyway, you would need the guidance of an experienced DUI lawyer Long Island to protect yourself.

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How Can A Criminal Defense Lawyer Help You? Significant fines, prison time, and felony convictions are severe penalties. If you are facing any of these due to a significant crime, you will want the services of a great NYCCriminalLawyer.net. No matter how smart you are, representing yourself in front of the prosecution is always a tough thing to do. Criminal defense attorneys are trained to unearth and find elements of cases that are unique. They usually look for factors and listen for arguments which can reduce the conviction of a falsely sentence.

The ways in which a criminal defense attorney can help you

The primary role of a criminal defense attorney is to organize and present the facts in such a manner which best supports a winning legal theory. Also, be mindful of the fact that there are numerous legal concepts at play during a trial which a layperson would be unaware of. For these reasons, you must know how an attorney can help you. 

Access to important resources

Usually, there are many cases which involve the testimony from witnesses in which statements and evidence must be collected. Witnesses are much more willing to speak with your attorney or their investigator about their future proof making it easier to build a case. Great criminal defense lawyers also have phenomenal experience in identifying and hiring investigators who can investigate the crime and the witnesses that the prosecution may call to the box. These investigators hired by an attorney could be a game-changer in your trial. They can also find or employ expert witnesses to combat scientific pieces of evidence by the prosecution.  

They have impeccable negotiation skills

A plea bargain to reduce your sentence may be the best option. But prosecutors usually take advantage of defendants who represent themselves. The prosecutor knows that going to trial against a novice would be much more comfortable than a hearing with an expert criminal defense attorney. Always note that seasoned criminal defense attorneys have many years of experience in skillful negotiations. They often make use of creative ideas that a layperson would not even know exists.

Avail professional advice for your specific case

When you hire an attorney to represent the case, they are usually working directly on your behalf. This usually implies that any action you think about taking outside of the case which is you are unsure of; then you will be able to consult with them. If you are wondering how your case will impact your ability to apply for jobs that are unclear at the time, your attorney will always be able to provide you with the correct details. While this may seem not a big deal to you, you will find that their advice and counsel throughout your case is irreplaceable.

Criminal lawyers can suggest a defense strategy

After careful assessment of the charges and witnesses, your criminal defense lawyer can recommend the best criminal defense strategy for your specific facts and whether to try and get the case dismissed. They will also help in the negotiation of charges or fight the allegations in a trial.  

Represent your case in the court where it is being represented

The local rules of court often apply in each legal jurisdiction. For instance, in many local courts, you may notice that only limited prosecutors are able to negotiate and authorize plea bargains. On the other hand, an experienced criminal defense attorney will go straight to the correct district lawyer the first time to fetch good results on your behalf. An experienced criminal lawyer is also aware of what the plea deal may be possible in your case. 

They can help you to stop charges even before they are filed

Many times, an excellent criminal justice attorney can meet with the district attorney or the federal prosecutor after an arrest, but before the filing of the charges. However, an excellent lawyer can present evidence and witness statements which would give the prosecutors with the whole picture, not just what the police or alleged victims have said. 

Thus, it is evident that a criminal defense attorney works in close collaboration with his or her client and develops a strategy which ultimately results in proving the innocence of the client. In case the client pleads guilty or found to be so, the attorney will try to minimize the sentence meted out to him.  

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Excellent Tips for Finding a Good Immigration Attorney in Cyprus

Outward migration from the United States is on the rise. A recent study by the Pew Research found that the number of Americans moving to other countries is rising at an increased rate. There are a few reasons for this such as the high cost of living in some states and the political upheaval in the country. One small country that many Americans are moving to is Cyprus.

Cyprus is a small country of slightly above 1 million people that is located in the Eastern side of the Mediterranean. The country is known for its relatively lower cost of living, high quality of life, quality beaches, friendly people, low taxes, and its close proximity to Europe, Africa, and Asia. It is also known for its friendly immigration standard. In this article, we will look at the key tips you need to use when finding a good immigration attorney in Cyprus.

Use Local Contacts

If you have been staying in Cyprus or if you have friends or associates in the country, we recommend that you use them to find a lawyer. This will help you reduce the time taken to find the attorney. It will also help you get an attorney who has a good reputation and a good pricing. If you have a friend who is a lawyer in the country, you can use them as well. Still, it is always important to ensure that the lawyer is registered by the Cypriot bar association.

Use the Internet

If you don’t have any law contacts in the country, we recommend that you use the internet to find a good lawyer. This is because most attorneys in the country have a website with their information. We recommend that you spend a lot of time looking at the reviews of the attorneys that you find. You can also try your best to find more information about them. For example, if they have written about their offices, you should perform a Google map search to see whether it’s a valid office address. Finally, you should get in touch with the attorneys and talk with them.

Sign an Agreement

A common mistake we see is where most people trust their attorneys completely. To prevent any issues, especially regarding payments, we recommend that you sign an agreement. This agreement should have the scope of the work, and the amount of money that they will charge. Some lawyers will charge you per hour while others will charge you for the entire work. You should use the latter. Further, you should ensure that you document everything that you do with the attorney. Also, ask a lot of questions. Some of the questions you might ask are about the Cypriot immigration passport, which gives you citizenship if you invest a certain amount of money. Finally, ensure that the lawyer keeps your documents safe.

Final Thoughts

Moving to Cyprus might be a good thing for you especially when you are doing business or when you reach your retirement age. It is a highly-developed country that is seeing impressive economic growth. To gain citizenship or residency or Cyprus passport by investment, the government requires you use the services of a lawyer, who will do due diligence for you. You can use the tips highlighted in the article as a starting point for you to find a good immigration attorney in Cyprus.

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Uncategorized https://www.lawresolution.com/blog/excellent-tips-for-finding-a-good-immigration-attorney-in-cyprus/ https://www.lawresolution.com/blog/excellent-tips-for-finding-a-good-immigration-attorney-in-cyprus/ Editor Fri, 23 Aug 2019 06:48:04 -0400
6 Reasons Why You Need a Car Accident Personal Injury Attorney  A car accident can be devastating, more so when you are left with an injury. Not only do you have to worry about medical costs but also lost wages, a disability, a write-off, and mental distress. There are also a lot of questions that you may need to find answers to. For instance, what if the other driver is at fault and doesn’t own up? What if the car insurance company won’t pay? What if there are other types of losses or damages that you don’t know how to prove? Such questions can mess up your head and that’s why you should seek help. Since you may be too traumatized to file a traffic report, an insurance claim or a lawsuit, you should talk to a car accident personal injury attorney. Still in doubt whether or not to consult an accident attorney? Well, here are 6 reasons why you need to be represented:

Claim Filing

The first thing you need to do after seeking medical treatment for your auto accident personal injuries is to file an insurance claim. This is something you should do with precision and consistency. A car accident personal injury attorney can help you with it. You may also need to file a lawsuit if it ever gets to court. This requires a proper understanding of the law and its application. Again, a car accident attorney can help.

Proving Liability

The insurance may refuse to settle you if you don’t have enough proof. They are a business entity and their primary agenda is to make money. Whether you decide to face the insurance adjuster directly or to advance to court, you have to prove that the other driver is at fault. Some of the tricks that a car accident personal injury attorney will use to prove liability include:

  • Talk to witnesses
  • Examine the accident scene
  • Analyze the damaged car
  • Study the traffic report
  • Speak to your doctor

Damages Determination

After liability has been proven, the next thing is to establish the loss suffered. That'll help to know how much you should demand from the insurance. For example, you have to factor in the following:

  • Current and future medical costs
  • Current and future lost earnings
  • Physical damages
  • Mental damages

An expert auto accident attorney can help you do a proper evaluation of the damages as it forms the basis of negotiating for a settlement.

Settlement Negotiation

Insurance companies hire the best adjusters to negotiate the settlement amount on their behalf. Since they don’t want to pay, at least not the money you are asking for, the adjuster will look for loopholes. You need an expert auto accident attorney to help you avoid them. Since they don’t want you to proceed to court, the adjuster will try to convince you to agree to a certain figure. A personal injury attorney can help you decide if the out-of-court settlement is fair or not.

Court Advocacy

If the out-of-court settlement is not fair or if the insurance fails to pay, then you need to go to court. A court battle is never easy as great minds are involved. You may represent yourself but there’s no guarantee you’ll convince the jury. You need someone who understands the law to assist you. You can find such experts at Ali Awad Law, a personal injury law firm based in Atlanta.

General Advice

After sustaining a personal injury from an auto accident, so many questions are likely to arise. For example, you may ask:

  • Whose insurance will cover the costs? Yours or that of the other driver?
  • What will happen to your damaged car?
  • What are you entitled to?
  • What’s the next step?

Only a legal expert can answer these questions convincingly. Having such an expert on call allows you to understand everything related to your injury claim.

The post auto accident phase is never easy. There’s so much trauma and costs involved. You need someone who understands the law to represent your interests and guide you. This expert is a car accident personal attorney and you need to talk to him or her right away when you suffer personal injuries from an auto accident.

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Uncategorized https://www.lawresolution.com/blog/6-reasons-why-you-need-a-car-accident-personal-injury-attorney/ https://www.lawresolution.com/blog/6-reasons-why-you-need-a-car-accident-personal-injury-attorney/ Editor Thu, 22 Aug 2019 16:56:51 -0400
What Are the Necessary Skills To Become a Medical Malpractice Lawyer? To a degree, we all learn as we go, whether we work in construction, farming, retail, finance, teaching, medicine or law. Even so, for some careers an inordinate amount of study is necessary just to be able to get a foot in the door. One of these professions is medical malpractice law. As my desire to be a medical malpractice attorney crystallized, I realized what a tremendous climb confronted me in terms of time, cost, and commitment.

Steps To Climb To Reach the Goal

In addition to being a good student, becoming a malpractice lawyer involves:

  • Earning a Bachelor’s degree -- often in English, history or political science
  • Taking the Law School Admission Test (LSAT) in order to be admitted to law school
  • Completing law school with a Juris Doctor (J.D.) degree
  • Completing an internship for on-the-job experience, preferably in the personal injury field
  • Preparing for and passing the bar exam in any state in which you intend to practice though you will be tested on federal as well as state law
  • Actually working in the field, preferably with a medical malpractice/personal injury firm
  • Becoming board-certified by The American Board of Professional Liability Attorneys

If you didn’t realize how much study and perseverance are required to become a medical malpractice lawyer, imagine how I felt. I admit that the process was daunting and difficult and that I had moments of thinking I would never meet my goal. In the end, though, I believe the struggles I went through made me a more empathic attorney.

What Medical Malpractice Lawyers Do

Medical malpractice lawyers represent clients who have been injured due to misdiagnosis or mistreatment by a doctor or other healthcare professional or by a hospital’s defective protocol or vetting process. As a medical malpractice attorney, I fight for the rights of clients who have suffered because of the incompetence, negligence, or even malice of medical professionals. I work diligently to win them the damages they deserve for such things as: medical and rehabilitation costs, lost income (present and future), pain and suffering, permanent disability, loss of consortium, and disfigurement.

As a medical malpractice attorney, I handle cases involving:

  • Misdiagnosis
  • Birth Injuries
  • Surgical errors
  • Anesthesia mistakes
  • Nursing home abuse
  • Prescription or medication errors
  • Wrongful birth
  • Wrongful death

Though the job of being a medical malpractice lawyer is intense and often stressful, I find great satisfaction in fighting for the rights of clients who come to me unjustly harmed by individuals they trusted with their lives, individuals who took an oath to “do no harm.”

Skills Medical Malpractice Lawyers Need

Pinpointing the skills needed for any occupation is as important for the person who wants to hire a qualified practitioner as for the individual seeking the job. This principle applies to medical malpractice law. If you are seeking an attorney to represent you or a member of your family in a case of medical malpractice, you should look for someone with a well-earned reputation for:

  • Compassion
  • Critical thinking and analytical skills
  • Strong research and writing abilities
  • Excellent public speaking skills
  • Power to debate aggressively, backing up statements with details
  • Familiarity with medical terminology and scientific information
  • Connections to experts in medical and related specialties

I deliberately put compassion at the top of this list because unless you find a legal representative who cares about you and your family, the process of suing for compensation can be anxiety- producing, adding stress instead of minimizing it. Your lawyer should have your back and lift your burdens at this terribly challenging period of your life. Besides, I have found that lawyers who are compassionate are typically honest and careful as well, dedicated to protecting those entrusted to their care.

What Contingency Fees Mean to You

While you’re confronting enormous medical costs and the bills keep arriving while you are unable to work, the last thing you need is exorbitant legal bills. Fortunately, legitimate personal injury attorneys typically work on a contingency basis. This means you will not owe any fee until your medical malpractice lawyer wins you the damages you are entitled to.

The Medical Malpractice Lawyer You Choose Can Make All the Difference

Make sure that you choose wisely when you pick an attorney to handle your medical malpractice case. Remember, the wheels of justice turn slowly, so you are likely to be dealing with this individual for some time, often a couple of years. Also, remember that you will not be charged a consultation fee so you can afford to shop a bit in order to settle on an attorney you’re comfortable with. The good news is that you will be able to assess many of the skills described here once you sit down for the initial consultation. Pick a medical malpractice lawyer who not only has the credentials and successful track record of a true professional, but who presents as committed to the well-being of you and your family.

 Author Bio

Brian Cummings has 20 years of litigation experience, including successfully handling and trying scores of medical malpractice and personal injury cases. Brian is Board-certified as a Medical Malpractice attorney by the American Board of Professional Liability Attorneys. He is 1 of less than 20 attorneys in Tennessee who have earned this certification. Brian is licensed to practice law before the United States Supreme Court, and in Tennessee, Hawaii, California, Georgia, and Florida.

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Uncategorized https://www.lawresolution.com/blog/what-are-the-necessary-skills-to-become-a-medical-malpractice-lawyer/ https://www.lawresolution.com/blog/what-are-the-necessary-skills-to-become-a-medical-malpractice-lawyer/ Editor Mon, 12 Aug 2019 17:23:24 -0400
Understanding the Purpose and Legal Implications of No Refusal Weekends in Texas Law enforcement in Texas actively patrol the state's roadways for drunk drivers every day of the week. However, on No Refusal Weekends, they ramp up their efforts to keep the roads clear of people who are under the influence of drugs or alcohol. Whether you live in Texas or plan on passing through on one of its No Refusal Weekends, you should understand the legal ramifications that driving under the influence can have for you.

What are No Refusal Weekends?

No Refusal Weekends are weekends that are specifically designated for deterring incidences of intoxicated driving. They typically occur during busier weekends of the year, such as during the Super Bowl or when college football playoffs are occurring. They also take place during holidays:

  • Memorial Day
  • Fourth of July
  • Labor Day
  • Thanksgiving
  • Christmas
  • New Years

During No Refusal Weekends in Texas, police and highway patrol officers can obtain quick warrants to draw blood from a person who is suspected of driving while intoxicated and refuses to give a blood or breath sample.

These weekends have wide support from prosecutors in the state because they are effective in reducing the number of DWI offenses. While the name of the activity suggests that you do not have the right to refuse to take a breathalyzer or provide a blood sample if you are pulled over for suspicion of DWI, you can in fact refuse to comply with a field sobriety test. However, you should be aware that the police officer will be able to get an expedited warrant during that weekend to obtain a sample from you.

How Do No Refusal Weekends Differ from Regular Weekends?

No Refusal Weekends differ from regular weekends in Texas in that police officers can get faster warrants to obtain blood or urine samples from people who are suspected of DWI. Law enforcement agencies around the state increase and pool their resources during these weekends to get warrants and blood samples faster.

Magistrates are readily available during No Refusal Weekends to review and sign the affidavits that police officers present to them. Most police officers will seek blood evidence from drivers if the drivers refuse to provide a sample after they are pulled over on suspicion of DWI.

During regular weekends in the state, police officers may not readily seek a warrant to get a sample from a suspected intoxicated driver. If they do need a warrant, the process for getting one can take longer than on No Refusal Weekends.

What Qualifies as Driving While Intoxicated in Texas?

Like most states, Texas defines driving while intoxicated as having a blood alcohol concentration or BAC of 0.08 or higher. If you drink alcohol before driving and have a BAC of 0.08 or higher in Texas, you can be charged with DWI.

Your BAC will depend on factors that vary from person to person, however. The level of your BAC will depend on:

  • Your gender
  • Your body weight
  • How many drinks you consumed
  • How much food you ate while or after drinking

These factors all will affect your body's ability to handle the alcohol that you consumed. Most people are above the legal limit if they consume two to three beers in an hour. Women, younger people, and people who are thin require less alcohol to reach the legal BAC limit.

What are the Consequences for DWI in Texas?

Texas metes out a variety of punishments for people who are convicted of DWI. First-time offenders can face fines of up to $2000 as well as 3 to 180 days in jail. Also, they can lose their driver's licenses for up to one year and pay an annual fee of $1000 to $2000 to keep their licenses if or when they get it back.

People who are convicted of a second DWI offense in Texas can pay a fine of up to $4000 and serve one month to one year in jail. Also, they can lose their licenses for up to two years and pay an annual fee of $1000, $1500, or $2000 to maintain their licenses afterwards.

People with three or more DWIs will pay a fine of up to $10,000 and serve between two to 10 years in state prison. They will lose their licenses for up to two years. When they get their licenses back, they will have to pay a yearly fee of up to $2000 to the state to keep their driving privileges.

What are Your Rights During No Refusal Weekends?

Just as during regular weekends, you have legal rights that you can access during No Refusal Weekends in Texas. You do not have to comply with the officer's request to provide a breath or blood sample after you are pulled over on suspicion of DWI. While the officer is obtaining a warrant to get a sample from you, you can contact an experienced DWI attorney in Texas to represent you.

Your lawyer will make sure that the law enforcement officer had reasonable cause to pull you over and ask you to submit to a field sobriety test. He or she can also make sure that your sample was obtained legally and that the warrant clearly stipulated why and for what purpose the sample was requested.

Your lawyer can also represent you in court and help you avoid the harshest penalties for DWI. You may have the charges against you dismissed depending on the circumstances of your case. You may also avoid jail time and instead pay a civil penalty.

No Refusal Weekends in Texas are designed to reduce the incidence of DWI. They allow law enforcement officers to get fast warrants to obtain blood samples from suspected DWI offenders in the state. You have rights that you can take advantage of, however, during No Refusal Weekends. You should contact an experienced DWI attorney if you are charged with driving while intoxicated in Texas.

AUTHOR BYLINE

Houston defense lawyer Greg Tsioros provides legal advice and aggressive representation for clients charged with misdemeanors and felonies at both the state and federal level. Mr. Tsioros handles criminal defense cases of any stature – from orders of non-disclosure and expunctions to more serious DWI and drug charges.

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Uncategorized https://www.lawresolution.com/blog/understanding-the-purpose-and-legal-implications-of-no-refusal-weekends-in-texas/ https://www.lawresolution.com/blog/understanding-the-purpose-and-legal-implications-of-no-refusal-weekends-in-texas/ Editor Tue, 30 Jul 2019 17:46:08 -0400
Top 5 Types of Car Accidents Car accident! Just saying it out loud conjures images of shattering glass, crumpled metal and oftentimes, serious injuries. Driving a car is a serious responsibility and not one to ever be taken lightly. Chances are, if you haven’t already, you most likely will be involved in some kind of car accident in your lifetime. Just what kind can depend on a number of variables. Below is a list of the 5 most common types of car accidents and a bit of information about each type.

  1. Singe car accident-Maybe you swerved to miss hitting a squirrel and struck a guardrail. Or maybe you slid on some ice and your car left the road and hit a tree. These are just 2 of the many ways a single car accident may go down. These types of accidents are often the fault of the driver and can range from a minor incident involving a dented bumper, to the most serious kind resulting in death. Controlling speed, being mindful of the road, and wearing your seatbelt can certainly help reduce serious injuries when dealing with such an accident.
  2. Car rollover-these types of car accidents are usually single car accidents and they represent the most violent type, often resulting in serious injury or death. Cars leaving the roadway and rolling down an embankment or excessive speed are often found to be the cause of a car rollover.
  3. Side impacts-Often known as a T-Bone; these types of collisions occur when one car slams into the side of another. These car accidents often take place at intersections. Running red lights or stop signs are often the causes of these types of collisions.
  4. Rear end collision-If you are in the front of one of these, you will likely suffer from whiplash. If you are the one who rear ended the car in front of you, you may suffer this as well and you will LIKELY be at fault for the accident to boot. Rear end collisions are extremely common in high traffic situations, especially the dreaded STOP AND GO traffic jams we are all too familiar with. Rear end collisions are why we were told in driver’s ed to keep several car lengths between our vehicle and the one in front of us…but as we know, people rarely heed this advice when on the road.
  5. Head on collisions-These types of car accidents are the things of nightmares. One scenario involves a vehicle travelling down a highway, going 60 miles per hour or faster, and then coming up on someone who is travelling the WRONG WAY on the same stretch of road, resulting in the two vehicles slamming head on into each other. While this exact scenario is fairly rare, it does happen and oftentimes results in death. In this type of car accident, the impact is extremely intense, akin to one driving DIRECTLY into a brick wall…the vehicle stops immediately with the passengers thrust forward, and in some cases, the car can be thrown about, flipped over, or even crushed like a tin can. Other head on collisions can occur at much slower rates of speed, such as on slower driven back roads, or at intersections, but nonetheless, they often cause severe damage and, in many cases, serious injuries.

No, this article was not written to try to scare you into never driving again. BUT…being aware of your surroundings, always wearing your seatbelt, and keeping in mind the most common types of car accidents can possibly help to lessen the risk of your being in an accident in the future.

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Uncategorized https://www.lawresolution.com/blog/top-5-types-of-car-accidents/ https://www.lawresolution.com/blog/top-5-types-of-car-accidents/ Editor Tue, 23 Jul 2019 22:37:06 -0400
Calculating Your Damages After a Car Collision Every car crash situation is different, and the injuries and damages sustained are unique to each individual. As a result, calculating your damages after a car accident in Pennsylvania is complicated and requires consideration of numerous factors. For you to get the settlement you deserve, it pays to consult with an experienced personal injury attorney who understands the system, as well as the tactics insurance companies use to get you to accept the lowest settlement possible.

Cliff Rieders wrote the book on the financial responsibility law in Pennsylvania. The financial responsibility law governs auto collisions in Pennsylvania, which involves first-party benefits, property damage, peer review of medical care, limited and full tort, under and uninsured motorist coverage, and many other factors.

What Does Compensation Cover?

In Pennsylvania, damage compensation falls into two categories: economic damages and non-economic damages. 

  1. Economic damages – expenses which can be objectively calculated, such as property damage; medical and hospital bills, including future bills; therapy and rehabilitation costs; costs of equipment, such as wheelchairs; loss of income and future wage horizon; property damage; and funeral and burial costs, if death is involved.
  2. Non-economic damages – costs which are more subjective, including the loss of life’s pleasures; physical damages that include physical pain and suffering, scarring, disfigurement, and permanent disability; the loss of a marital relationship (consortium); emotional damages, such as stress, anxiety, and mental anguish; loss of life’s pleasures until the time of death.

Calculating Damages

Economic damages are relatively easy to calculate, since they can be measured in actual monetary figures and often have tangible evidence such as bills and receipts.

It is much more difficult to calculate non-economic damages, as each person will experience their injuries differently. Some insurance companies calculate damages by totaling economic damages and then assigning a “multiplier” (usually between 1.5 and 5) to the case, based on the severity of the accident or injury. Other insurance companies utilize various computer programs.

If a case goes to a jury, some factors used to calculate a dollar figure for non-economic damages include:

  • The type, extent, and severity of injuries
  • The interruption to daily life and activities
  • Whether you will be able to return to work and at what level
  • The effect on your marriage, family life and social interactions
  • The emotional trauma suffered, including stress, anguish, grief, pain, and anxiety
  • The length of time it takes to recover and whether multiple surgeries or difficult rehabilitation will be required
  • The degree of permanent injury, including scarring and disfigurement
  • Your doctor’s professional opinion and assessment of your injuries.  

Pennsylvania Car Accident Laws

The following are laws that affect vehicle crash damage settlements in Pennsylvania:

  • Limited versus full tort -- Pennsylvania has a “choice” car insurance system. If you choose “limited tort” car insurance when you purchase your plan, you typically need to file a claim under your own personal injury coverage for compensation for medical bills and other financial losses, regardless of who was at fault and caused the crash. However, if the crash resulted in "serious injury” and you are able to go beyond the no-fault limitation or if you have chosen “full tort” coverage, you can seek compensation against an at-fault driver. Whether the forms have been properly executed and therefore apply can be a complicated question. We always look at the underwriting file to see if the forms have been properly signed and executed.
  • Comparative fault -- Pennsylvania has a “modified comparative fault” rule. This means your total damages award is reduced by whatever percentage of the fault of the accident the courts determine is yours, in those cases where there is a right to sue. If you are found to be more than 50% at fault, you would receive no This rule binds Pennsylvania judges and juries, and it will also guide insurance companies evaluating your case.
  • Statute of limitations – This is the deadline by which you must file a car crash lawsuit. In Pennsylvania, the statute is two yearsafter the accident for filing a personal injury or property damage lawsuit. If you miss the two-year lawsuit filing deadline, the court may throw out your case. For an injury case, the date the clock starts running is the date of the accident. If a death is involved, this is figured from the date the victim died.  Pennsylvania has a tolling rule which applies in some unique circumstances. There is also a Minors Tolling Act in Pennsylvania.  Statute of limitations is one of the more arcane areas of law and the specific factual scenario is very important.

Get Help From an Experienced Attorney

Calculating damages after a car accident is complicated, and insurance companies will always try to get you the lowest settlement possible, so it makes sense to consult an experienced Pennsylvania auto crash attorney before you talk to an insurance company in order to protect your rights.

Your attorney knows how to present the best argument as to why you should receive the damages you seek, whether negotiating with insurance companies or going to trial. The goal is to recover the maximum possible compensation on your behalf.  

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Uncategorized https://www.lawresolution.com/blog/calculating-your-damages-after-a-car-collision/ https://www.lawresolution.com/blog/calculating-your-damages-after-a-car-collision/ Editor Tue, 23 Jul 2019 00:44:37 -0400
Pennsylvania Car Crash Laws -101 Devastating car crashes occur far too often on Pennsylvania roads. The Pennsylvania Department of Transportation (PennDOT) reported around 15 crashes per hour in 2017, totaling 128,188. These crashes claimed the lives of 1,137 people and injured another 80,612 people, with at least three people dying each day. The economic loss due to traffic crashes was $1,414 to every Pennsylvania man, woman and child.

If you or a loved one was injured in a car accident in Pennsylvania, you should understand the laws of our state that could impact your options for getting compensated for your losses. Consider the following laws regarding vehicle accidents in Pennsylvania:

  • Statute of limitations – This is the deadline by which you must file a car crash lawsuit. In Pennsylvania, 42 Pennsylvania Code section 5524 says that "an action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another" must be brought within two years after the collision for filing a personal injury or property damage lawsuit. If you miss the two-year lawsuit filing deadline, the court will probably throw out your case, unless some rare exception applies to extend the deadline. There is a doctrine of tolling in Pennsylvania which means the statute of limitations may be tolled for circumstances such as the discovery rule.  There is also a Minor’s Tolling Act in Pennsylvania. These complex areas of the law are where an attorney should be consulted.
  • If a death is involved, this is figured from the date the victim died. If death is involved, the argument can be made that for both the wrongful death and survival action the statute of limitations is two years from the date of death; however, there is some law that for one of the actions, the statute of limitations may actually begin to run when the person was harmed, even though they may have died later. While there is recent Pennsylvania caselaw on the subject, we still like to use the earliest possible date.
  • Comparative fault -- Pennsylvania has a “modified comparative fault” rule. This means your total damages award is reduced by whatever percentage of the fault of the accident the courts determine is yours. Juries will calculate two things based on the evidence: the total dollar amount of damages and the percentage of fault that belongs to each party. Under the modified comparative fault rule, the plaintiff's damages award is reduced by a percentage equal to that person’s share of fault. If you are found to be more than 50% at fault, you would receive no Pennsylvania does not have a no-fault car insurance system. Pennsylvania does not have a no-fault car insurance law. However, first party benefits may be paid, to the extent that you purchase them, regardless of fault.
  • Fair Share -- Pennsylvania has a Fair Share Act that limits the ability of the injured party to recover damages in full from defendants who are only partially at fault. Plaintiffs can recover damages in full from defendants who are at least 60 percent responsible, but those less than 60 percent responsible can be held liable only for their actual share of the total damages. This law has been challenged in the Courts.
  • Damage caps -- Pennsylvania does not have damage caps in connection with automobile or truck collisions. Pennsylvania does have damage caps in connection with lawsuits against government entities and certain other areas. State laws limit, or “cap,” the amount of compensation you can recover when the defendant is a local or state government entity, such as a school district.

Proving liability

In proving fault and liability for a crash, these elements are considered:

  • Duty – Drivers have a duty to follow the laws and drive in a reasonable manner.
  • Breach of Duty – Drivers breach this duty by driving negligently.
  • Causation – The car collison is a factual cause of your harm.
  • Damages – You have suffered damages as a result.

What Does Compensation Cover?

In Pennsylvania, compensated costs and losses for car crashes fall into two categories: economic damages and non-economic damages.  

  1. Economic damages – expenses which can be objectively calculated, such as medical, hospital, therapy, and rehabilitation costs, costs of equipment such as wheelchairs, lost income, future lost income, property damage, and funeral and burial costs if a death is involved.
  2. Non-economic damages – may include pain and suffering, the loss of life’s pleasures prior to death, disfigurement, and the loss of a marital relationship (consortium).

To make sure that you receive the most compensation possible under the law, it makes sense to consult an experienced Pennsylvania car collison personal injury attorney.

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Uncategorized https://www.lawresolution.com/blog/pennsylvania-car-crash-laws-101/ https://www.lawresolution.com/blog/pennsylvania-car-crash-laws-101/ Editor Tue, 23 Jul 2019 00:43:33 -0400
Basic awareness about the Medicare Secondary Payer Act Medicare Secondary Payer (MSP) act has been changing with time, and the current year is no exception. Introduction of new rules and stricter regulations demand close observation from enrollees as well as health policy professionals so that everyone can stay on top of their game. To help you traverse through all the recent changes, some fundamental facts about this act are being shared below.

What does MSP stand for?

Before the enforcement of MSP, Medicare used to pay for all the medical services and items on behalf of its beneficiaries, excluding those which fell under the realm of workers' compensation. Recipients received coverage from Medicare program despite having other sources that could cover their medical cost. As a consequence, the Medicare Trust Fund started to dwindle faster.  MSP act was brought into place to protect this situation by making it mandatory that Medicare will be the secondary payer if a person has subscribed to any other employer-sponsored health plan.

In the case where Medicare is not the primary or first payer, the individuals and Medicare program can benefit in different ways. For example, on billing a primary payer before Medicare and ensuring coordination, the healthcare providers can attract the right amount of reimbursement.

What is Section 111 - MSP (Medicare) Reporting and Liability?

Section 111 is sometimes used to indicate MMSEA (Medicare, Medicaid, and SCHIP Extension Act of 2007). Under this act, new reporting requirements were imposed concerning Medicare beneficiaries who are covered by a group health plan (GHP), liability insurance, no-fault insurance plan, workers’ compensation, and others. It mandated that whatever awards, settlements, judgments, or other payments were made to the Medicare beneficiaries through any such plan should be reported by the “Responsible Reporting Entities” (RREs) or agents. In this case, an RRE is an applicable plan, such as liability insurance or workers' compensation, which has to follow the rules laid under Section 111. 

The reporting entities or agents have to send online quarterly data to Medicare regarding the latest judgments, awards, or settlements to let the authorities know about the current status of the claim made by an injured party. The report should mention how the claims of the injured parties, who are or were also Medicare beneficiaries, have been addressed or resolved and to what extent. Details of the payment obligation as well as the date of the reporting thresholds should also be incorporated in the report.

What is the penalty for non-compliance with Section 111?

On failing to report a claim within a particular time frame, an RRE may have to face a civil penalty of $1,000.00 per claim a day.

What is Medicare set-aside?

Medicare set-aside is a kind of trust, where settlement proceeds for future medical care for Medicare recipient’s personal injury are kept separately. The amount is paid after taking approval from the government and how much it should be paid is recommended by a specialized company after inspecting the medical care needs of an individual. It is post-settlement money that can be allocated to the Medicare beneficiary based on valid terms and conditions, for example, the proper use of the coverage amount received from the primary sources, etc.

The MSP act is complicated, and you need the guidance of a reputable attorney and health policy professional, such as TD&P Consulting Inc., to understand your standing in the matters of claims for medical coverage.

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Uncategorized https://www.lawresolution.com/blog/basic-awareness-about-the-medicare-secondary-payer-act/ https://www.lawresolution.com/blog/basic-awareness-about-the-medicare-secondary-payer-act/ Editor Tue, 16 Jul 2019 08:55:29 -0400
Is Your Vehicle Accident Worth a Lawsuit? Here’s a Checklist to Find Out If you’ve been in a car accident, you naturally want compensation for your injuries and damage to your car and personal property. Most individuals don’t have thousands of dollars to pay out if they are at fault in a wreck, which is why we have insurance. But don’t assume that insurance companies have your best interests at heart. In fact, you can assume that they don’t. Insurers are for-profit entities whose top priority is hanging on to their money.

That’s why you need an experienced car accident lawyer as your advocate, whether you go to court or not. Accepting an insurer’s initial offer is a sure way to be low-balled. An attorney will be able to figure out how much your economic and non-economic losses are worth and make sure that’s how much you receive —through either settlement or a lawsuit. 

Going to Court Is a Last Resort

Settling a claim is the preferable outcome for everyone. For insurance companies, trials bring the risk of being on the hook for a massive payout and higher attorney and litigation costs. For you, the plaintiff, the decision to file a lawsuit should not be taken lightly. You will not see a penny until the trial is over, and your medical and other bills may be piling up. Your lawyer fees will be higher. Trials and juries are unpredictable — you may lose in the end. And lawsuits can drag on indefinitely, depriving you of the sense of closure you need to move on with your life.

When Should You Consider a Lawsuit?

While settling a car accident claim tends to be better for all sides, sometimes you just can’t come to an agreement over the negotiating table. If your situation meets the following criteria, it may be time to discuss with your lawyer the possibility of filing a lawsuit.

You’ve Been Injured in a Car Accident

If you’ve been hurt in a motor vehicle wreck and another driver is at fault, you deserve to receive compensation from that driver’s insurance company.

You’ve Suffered Economic or Non-Economic Damages

Damages, or compensation, are divided into two main categories in car accident and other personal injury cases. Economic damages include:

  • Medical and rehab bills, past, present and future
  • Lost earnings due to recovery
  • Compensation for diminished earning potential
  • Automobile repair bills
  • Repair or replacement costs for personal items damaged in the crash (laptop, phone, etc.).

Non-economic damages include:

  • Pain and suffering — physical, emotional, mental
  • Physical disfigurement and impairment
  • Development of mental problems like depression or PTSD
  • Lowered quality of life.

The Insurance Company Is Not Offering Enough

Any settlement with an insurance company should cover the entirety of your economic and non-economic damages. In most cases, you and the insurer will come to an agreement without a lawsuit's ever being filed. But sometimes, negotiations get bogged down and the insurance company refuses to offer what your lawyer thinks your case is worth. At that point, it’s time to consider the next step of taking it to court.

What if You Live in a No-Fault State?

Filing an insurance claim in a no-fault state is much simpler than in states with fault-based insurance systems. Who is responsible for the accident is irrelevant. You file your claim with your own insurance company, and they pay damages for the cost of your repairs and injuries. This streamlined process means claims are processed faster and more efficiently.

The downside to no-fault insurance is that you will not be reimbursed for pain and suffering, or non-economic losses.

The details vary by state, but generally no-fault states do allow you to sue the other driver if damages reach a certain threshold: either your expenses are higher than a certain dollar amount or your injuries are considered “serious” (as defined by the state).

When you’re involved in a motor vehicle collision, don’t accept the first settlement offer that comes along. If you’ve been injured in a crash, call a car accident lawyer to be your advocate during negotiations and in the courtroom.

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Uncategorized https://www.lawresolution.com/blog/is-your-vehicle-accident-worth-a-lawsuit-here-s-a-checklist-to-find-out/ https://www.lawresolution.com/blog/is-your-vehicle-accident-worth-a-lawsuit-here-s-a-checklist-to-find-out/ Editor Fri, 12 Jul 2019 01:45:20 -0400
Know what to do when you are under arrest There can be different legal scenarios that can lead to arrest. It's natural to panic when such situation arises. But if you are conversant with the critical information around this, you can deal with it more efficiently. First of all, it's essential to note that a police officer can arrest you – 1) on the grounds of reasonable suspicion that you have done a crime, 2) the court has issued an arrest warrant for you, or, 3) you are involved in a crime or can commit one, etc. In case you get trapped in a situation like this, here are a few things that you should keep in mind.

At the time of the arrest

The police officer should tell you that you are under arrest and also why he is arresting you and what will happen if you don’t cooperate. Give them your name and home address if they ask you. However, avoid answering any other questions without first talking to your legal advisor.

As per law, a police officer can apply a reasonable amount of force to arrest a suspect. If you try to escape them, the officer can handcuff you. If you feel he used illegitimate physical strength or power, you can complain about it with the police customer assistance unit. The matter will go to a judge or magistrate for judgment.

However, make sure you don't give them trouble when they arrest you. Otherwise, you can face a charge for non-cooperation even if you were initially innocent.

Another thing is you can request the officer to allow you to speak to your lawyer. You can have a lawyer by your side when the police are questioning you.

At the time of questioning

Under the law, you can keep silence and not answer the questions a police officer asks. But if you were a part of a car accident, then you may have to reveal your name and details of the person who was driving the car.

Also, the police have to inform you beforehand that you don't have to answer all of their questions, and whatever you tell them in response can serve as evidence for them. They can record this entire question and answer session electronically. Hence, it's critical to remember that you only provide details like your name, date of birth, and home address, and nothing else. Give fingerprints and photographs when asked.  However, if they ask you to sign anything apart from a bail form, don't oblige. Refuse it politely. Make sure when all these happen, your lawyer is also present there at that time.

Time spent in custody

Generally, a police officer cannot detain you for more than four hours for the investigation. Nevertheless, they can seek an extension of an additional eight hours. But after that, they must release or file a charge against you. If you face a criminal charge, you can come out of the jail on bail. Sometimes, a court may deny bail to a suspect based on his past criminal records, the seriousness of the current offense committed by him, or his failure to abide by the terms and conditions of the bail. If that happens, you may have to appear before a court as soon as possible so that you can submit your bail plea once again.

If you hire a firm that specialises in Strategic Law Townsville, you don’t have to worry about bail application, representation in court, and police investigation. The lawyer will help you from end-to-end.

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Uncategorized https://www.lawresolution.com/blog/know-what-to-do-when-you-are-under-arrest/ https://www.lawresolution.com/blog/know-what-to-do-when-you-are-under-arrest/ Editor Tue, 25 Jun 2019 10:25:17 -0400
5 Tips to Help You after a Car Accident

A vehicle accident can ultimately be among the scariest incidents one can ever go through in life.  After all, car accidents are among the leading causes of death globally.  Again, the emotional and physical trauma associated with car accidents can take a toll on life for many years.

While you might not be able to forget the car accident you had, you can luckily recover from this scary incident and live life as you used to before the accident occurred.  Moreover, recovering from a car accident is possible, only if you forget the unfortunate incidents that resulted in your car accident and instead focus more on recovery. Without further ado, here are 5 tips to help you after a car accident:

1. Get The Best Possible Medical Care

After sustaining injuries following a car accident, you obviously won’t have time to sit pretty and expect things to get any better. Unless you receive medical care urgently, your chances of reaching a full recovery are quite low. Seek the best possible medical care and start your journey to recovery after the car accident.

2. Get A Competent, Experienced Car Accident Lawyer

As much as your focus is on recovery and healing after the car accident, you should reach out to a competent car accident lawyer to help you seek compensation for your injuries.  Most insurance companies won’t compensate you immediately after the accident, and unless you have a lawyer to make the claim on your behalf, you might wait for months for full compensation.

An experienced lawyer from a recognized Baltimore Maryland car wreck firm will not just handle your compensation claim, but the attorney will also ensure your personal interests are protected. Again, an experienced car accident attorney will help increase the sum of money you get in compensation for your injuries.

One of the best ways of hiring a good car accident attorney is to do a background check on the attorney before signing the contract. Check past clients’ testimonials to ascertain whether or not he is worth what he or she claims to be.

3. Get Abundant Rest

Rest is a crucial aspect of recovery and healing. Without adequate rest after your car accident, your situation will inevitably become worse.  However, resting after a car accident doesn’t imply that the victim should lie in their bed all day. Slight movements are still required particularly in the initial stages of healing. Resting after a car accident simply means having ample time to recover from surgeries and injuries.

4. Listen To The Advice From Your Doctor

Recovery and healing after a car accident is a long process that you definitely can’t navigate alone.  Most car accident victims assume they have recovered and good to go after visiting a doctor a couple of times. Nevertheless, listening to the body won’t necessarily help you know when you have fully recovered. Therefore, you still need to visit your doctor from time to time to get your progress evaluated.

Most importantly, heed the recommendations and advice you get from your doctor. Never assume everything is fine and dismiss your doctor’s recommendations, for doing so will ultimately compromise on your recovery and healing process. Your doctor knows what is best for your recovery and will help recommend a suitable pace of recovery for you.

5. Go Back Into Driving

This isn’t easy for most car accident victims. The emotional and physical trauma linked to car accidents can make survivors loath driving for the rest of their life. In fact, most people who have previously been involved in road accidents develop symptoms of PTSD (Post-traumatic Stress Disorder). It takes longer to heal the symptoms associated with this mental condition than it takes to heal the actual injuries sustained after the car accident.

But going back into driving is a crucial part of recovering from emotional trauma. Once you go back into driving, keep away from any triggering circumstances to ensure your emotional wounds are fully healed.

Recovering from an accident can take longer depending on an individual as well as the severity of injuries sustained after the accident. Nevertheless, these 5 tips will put you on the right path to healing and recovering notwithstanding how serious your situation is.

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Uncategorized https://www.lawresolution.com/blog/5-tips-to-help-you-after-a-car-accident/ https://www.lawresolution.com/blog/5-tips-to-help-you-after-a-car-accident/ Editor Tue, 25 Jun 2019 08:29:17 -0400