LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Tue, 22 Jun 2021 03:43:07 -0400 Can Grandparents Visit Grandchildren after the Parents Divorce? Grandparents often have a very special bond with their grandchildren. Many grandparents fear losing the opportunity to continue fostering this bond in the event that their grandchildren’s parents divorce. While grandparents in Georgia don’t have automatic rights to visitation with their grandchildren, they do have the right to ask the court to grant them visitation. If you are concerned about losing visitation with your grandchildren, seek the professional legal counsel of an experienced Georgia divorce attorney today.

The Court’s Decision

The court is very likely to rule in favor of grandparent visitation if one of the following applies:

Making this determination, however, can obviously be complicated.

The Factors Considered

The court takes wide-ranging factors into consideration in this best-interests determination, and the following can tip the balance in favor of grandparent visitation:

  • If the minor children have ever resided with their grandparents for at least six months
  • If the grandparents provided financial support for their grandchildren’s basic needs for at least one full year
  • if the grandparents have established a regular pattern of visitation and/or childcare with their grandchildren
  • If there is any relevant factor that indicates the failure to grant reasonable grandparent visitation would lead to emotional or physical harm to the children

The Parents Are Allowed to Weigh In

The parent (or legal guardian) of the children in question has the legal right to request that the court revoke or amend a grandparent’s scheduled visitation. The parent, however, must have a compelling reason for requesting the change and is only allowed this opportunity once every two years. While the courts take parents’ opinions and preferences regarding grandparent visitation into careful consideration, parents in the State of Georgia do not have the final say on the matter.

Grandparent Visitation: The Process

The process for seeking grandparent visitation can include all of the following steps:

  • The court may appoint an independent legal advocate or spokesperson – known as a guardian ad litem – for the children involved.
  • The involved parties may attempt to hammer out mutually acceptable grandparent visitation terms via mediation.
  • If mediation is unsuccessful or doesn’t play a role in the case at hand, it will proceed to a court hearing in which the grandparents’ visitation request will be decided.

Discuss Your Grandparent Visitation Concerns with an Experienced Georgia Divorce Attorney Today

If you are a grandparent who is seeking visitation rights with your grandchildren, there is a lot at stake, and the compassionate Forsyth County and Cumming divorce attorneys at Banks, Stubbs & McFarland not only understand the gravity of your situation but are also committed to skillfully advocating for your rights as a grandparent. Our savvy legal team is on your side, so please don’t wait to contact us online or call us at 770-887-1209 for more information about how we can help you today.

]]>
Uncategorized https://www.lawresolution.com/blog/can-grandparents-visit-grandchildren-after-the-parents-divorce/ https://www.lawresolution.com/blog/can-grandparents-visit-grandchildren-after-the-parents-divorce/ Editor Thu, 17 Jun 2021 23:56:11 -0400
When Should I Contact a Criminal Defense Attorney? If you're dealing with a criminal charge, you need an attorney to handle your entire legal proceedings. Why is this important? Such cases usually come with hefty fines and severe penalties and will significantly impact your life. To avoid undesirable consequences, a criminal defense attorney will come in handy. The lawyer will fight for your rights throughout the investigation. He or she will also challenge the case against you at trial.

How can I find a criminal defense attorney?

Criminal cases are complex, and you require an expert to help you out. You can get an attorney through word-of-mouth referrals. Talk to friends and colleagues and get contacts of attorneys. However, don't rely only on referrals. Schedule an interview and get to know the lawyer's expertise. 

Also, conduct an online search, and you'll get a Tucson Criminal Defense Attorney. You'll also come across many other criminal defense lawyers near you. Consider the experience, knowledge, successful cases handled, and cost before making a decision.

Why do I need an attorney& When should I engage one?

Unexpected arrests happen all the time and are major reason to hire a criminal defense attorney. At the police station, the police will allow you to call an attorney. You need someone you can trust, and it's best to contact one that you know.

The attorney will guard your rights when in police custody. He or she knows the rights of a suspect. And will ensure that no police officer takes advantage of you. If facing arrest, you'll still need attorney services. The professional will bail you out, but the conditions depend on the type of crime committed.

What’s more? The lawyer will review all the facts and seek to get you bail on the best terms. Still, he or she will negotiate the terms and bail amount in court. With no defense, you'll unlikely get bail or reasonable terms. 

On the other hand, if the offense is committed against you, an attorney is the best person to advise you on the legal steps to take. He or she will weigh your likelihood of winning the case. The attorney will also discourage you from filing a lawsuit if you have minimal chances of success. 

What of support? The attorney will prepare you psychologically, enabling you to handle any court outcome. Besides, big surprises can lead to stress and trauma, which can be detrimental to your health.

What's the role of a criminal defense attorney in my case?

 Criminal defense attorneys have vast knowledge of legal issues. First of all, the attorney will gather information about the case. He or she will visit the crime scene and collect proof and other valuable information to solidify your case. In the case of witnesses, the professional will meet them and collect the necessary evidence.

The attorney will advise you and respond to any questions that you might be having regarding your case. The attorney will also educate you on your rights, which helps avoid violations by police officers. 

During the court process, the lawyer will offer full representation and ensure that your rights are withheld. That's not all, though! Criminal cases involve a lot of paperwork, and the professional will keep this in order. The expert will also inform you of the necessary documents that you require to prove your case.

The bottom line

A criminal defense attorney is the best person to engage when faced with a criminal case. You may not get a favorable court outcome when dealing with the issue by yourself. However, an attorney will defend you in court and ensure that the process upholds your rights. For best results, hire an experienced criminal attorney. And have a shoulder to lean on during the process.

]]>
Uncategorized https://www.lawresolution.com/blog/when-should-i-contact-a-criminal-defense-attorney/ https://www.lawresolution.com/blog/when-should-i-contact-a-criminal-defense-attorney/ Editor Mon, 14 Jun 2021 22:48:12 -0400
What are Emotional Distress Damages and How Do I Prove Them? Emotional distress damages are hard to prove in personal injury cases. A dog bite attorney could claim that his customers suffer from physical injuries and emotional distress after a dog assault incident. That emotional distress may affect their ability to continue their daily activities and cause anxiety within their family. 

Trying to find evidence to support your arguments about emotional distress is a challenging issue. The damages to your mental world are not obvious to the audience, and thus, judges are not willing to vote for your recovery. However, an experienced lawyer can help you prove you are suffering from emotional distress after a personal injury accident. Here are some of the most effective ways to provide evidence for your psychological burden due to your injuries.

Current  Medical Records of Symptoms and Their Duration

Stress and anxiety are hard to assess from a single glance. There are no medical tests to prove your suffering, and people may think you are faking it just to receive a bigger recovery. On the other hand, modern psychiatry has found several ways to ascertain that you are really suffering from stress and anxiety.

Medical records showing the difference in drug medication doses and the anxiety diagnosis could be useful to your lawyer. Despite the difficulties in proving your current mental state, the comparative analysis of your medical history could give the court all the evidence needed to prove the emotional distress.

Make a Direct Connection to Physical Injuries

Physical injuries caused by an accident (most usually a dog assault and bite incident) could haunt you for years. Even after your physical wounds are completely healed, emotional distress can be present every time you see or hear a dog. Proof of such apprehension enables your lawyer to prove the direct linkage of your physical injuries to the anxiety you are suffering from and ask for recovery.

Although physical injuries can be observable, the same cannot be said for psychological effects after your accident. It's your lawyer's responsibility to state the case in front of the audience and even show your fearful feelings when being around dogs; that could persuade them about the suffering you have been going through. 

Expert Witness

You can summon specialist psychiatrists and psychologists in courts to give their insight into your stress disorder. If you never had issues with stress and anxiety, then doctors can easily prove in front of the audience that your situation has been aggravated by a recent dog bite accident.

Suffering through such a traumatic experience would be noticeable by specialists even from the first minutes of an interview. Your lawyer needs to ask them the right questions and let them explain how trauma from the incident has affected your mental health. 

Point Out the Severity of Distress

Some people cannot live with anxiety and stress. The severity of their situation comes to such a point that it might trigger suicidal thoughts. That incident poses a great threat to your health and could trigger a sense of apprehension every time you think about it.  The side effects are the physical and mental injuries you have to live with for some or all your life. 

Lawyers can use these symptoms to your advantage and fight to prove you suffered serious emotional distress that has affected how you go about your life and that you deserve recovery.

Witness Testimonies

Another possible way to prove your emotional distress would be to present witnesses' testimonies from the incident scene. Many people could have seen your injuries and ensuing shock after such a terrible ordeal. The details on your dog incident could help prove that the dog’s owner was negligent in their actions or omissions. It could also help experts to establish that you suffered psychological distress.

Your lawyer should get in touch with witnesses, take their testimonies and even summon them to the court to state what they saw during the incident. Other people's opinion about your emotional situation influences the jurors and judges to decide in favor of your emotional distress damages and recovery claims.

People who unfortunately experience dog bite incidents may suffer from stress, anxiety, and Post - Traumatic Stress Disorder (PTSD). The symptoms might include insomnia, fear of walking alone, and suicidal thoughts.

Psychological issues after a traumatic incident tend to linger even after the physical ones are resolved. Your lawyer can identify the root of the problem and try their best to get you adequate recovery for these damages as well. You deserve proper psychological treatment to help you move past these negative thoughts. The liable party for your incident ought to offer you recovery for all injuries brought about by their negligence.

]]>
Uncategorized https://www.lawresolution.com/blog/what-are-emotional-distress-damages-and-how-do-i-prove-them/ https://www.lawresolution.com/blog/what-are-emotional-distress-damages-and-how-do-i-prove-them/ Editor Mon, 31 May 2021 08:45:51 -0400
Business Associates and HIPAA Compliance

Besides the healthcare providers who handle patient’s health information, other organizations must also comply with HIPAA. These organizations are known as Business Associates and are direct vendors to covered entities like hospitals, health plans, or any other medical entities.

Who Are Business Associates?

Business associates (BA) are organizations or individuals who act on behalf of or provide services to covered entities - for example, hospitals or dental firms. But that the catch is that in order to function, these businesses require access to protected health information (PHI).

HIPAA sets the standards for how protected health information (PHI) must be kept private and secure by anyone within the healthcare industry who has access to it. Therefore, business associates are also required to comply with the many requirements of HIPAA, as they use PHI in their course of their work, just like other covered entities.

Examples of Business Associates

These organizations can be anywhere in between the financial, management, administrative, legal, consulting, or even IT service providers.

Here are a few examples of HIPAA Business Associates:

  • Medical Billing Companies
  • Law Offices
  • Accounting Firms
  • Shredding Services
  • IT Vendors
  • Health Insurance Companies
  • Medical Transcription Services
  • Translator service providers
  • Cloud service providers

Responsibilities Extended To Business Associates

Compliance responsibilities extended to business associates when the HIPAA Omnibus Rule was passed in 2013. Not only the rule re-defined what business associates are, but it also extended the responsibilities of compliance from both the Privacy and Security Rules to business associates rather than just covered entities.

This means that if any organization or individual provides any form or service to a covered entity that requires them to have access to PHI, then they will be directly responsible for any HIPAA breach that occurs on their end. In fact, there are more business associates than there are covered entities and PHI must be safeguarded by every one of them.

Business Associate Subcontractors

Just like how business associates provide services to covered entities, there are other organizations also that provide services to these business associates or perform similar tasks on behalf of the BA. These organizations are called business associates subcontractors. Depending on who the service is being provided, an organization can either be a business associate or a business associate subcontractor. Many of the examples of business associates provided above are similar organizations that provide services as a subcontractor in other situations. For example, accountants, attorneys, email encryption providers, file sharing vendors, shredding companies, etc. can all be classified as business associate subcontractors as well.

Business Associate Agreements (BAA)

If you are working with a business associate, or you’re a BA and working with a subcontractor, then you must create a Business Associate Agreement (BAA) with the party you’re with. A business associate agreement (BAA) is a written agreement formed between the vendor and the covered entity where each party’s responsibilities and obligations are laid out when it comes to handling PHI. As per HIPAA’s guidelines, a covered entity should only work with an organization when there is a business associate agreement signed in place so that there is an assurance that PHI will be protected.

Seek Help For Compliance

Many times organizations are not aware that they are considered as a Business associate per law and could risk facing fines up to thousands or millions of dollars. Covered entities who share PHI with any other vendor must conduct due diligence and inform the other party of their roles and responsibilities when it comes to handling PHI. For those who do not much about HIPAA compliance, seeking help might be a good idea. Many organizations, covered entities and business associates alike, also use HIPAA compliance management tools to streamline their compliance efforts, such as employee training, contract management, risk assessments, policy and procedure management, etc. You should also be checking out your state laws since each state has different privacy requirements with regards to the use and disclosure of patient’s health information.

Author Bio: Riyan N. Alam is a digital marketing analyst at CloudApper, a supplier of mobile ERP solutions, including HIPAA compliance software, facility management software, and many more. Combining his passion for reading books, he writes about subjects valuable to people and their daily lives. Riyan loves traveling and trading in his free time.

]]>
Uncategorized https://www.lawresolution.com/blog/business-associates-and-hipaa-compliance/ https://www.lawresolution.com/blog/business-associates-and-hipaa-compliance/ Editor Thu, 27 May 2021 10:40:48 -0400
Factors that can delay the personal injury claim process Understandably you'll want to know how long the personal injury claim process is, and while we can give you a rough idea, many factors can affect the time it will take for you to receive your settlement. Personal injury claims can progress at different rates depending on how complex your case is. The best way to ensure your claim runs smoothly, and you receive your entitlement promptly is by appointing a personal injury lawyer to take care of your claim for you. Here are some common things that hold up personal injury claims.

Assessing medical evidence

A successful personal injury claim has a significant amount of medical evidence supporting it. It's not only the details of the injury, it's many other elements such as pain and suffering, medical costs, transport, loss of consortium, loss of income now and into the future, plus much more. All these areas need to be thoroughly assessed to ensure you are receiving the correct level of compensation for your injury. This can take a considerable amount of time and you may be required to provide more evidence. It's unlikely that you will receive full entitlements if you don't have the medical evidence to support it. Serious injuries usually take longer to assess than minor ones. This is because there is usually more evidence and medical records to go through. Regardless of whether your injury is minor or serious, everyone must go through this process; it may just take longer for some given their circumstances. A personal injury lawyer can help to simplify this process by collecting necessary evidence, organising appointments, and conversing with the insurer on your behalf.

There is an influx of claims

Like any business, insurance providers have busier times than others. Often this is unforeseeable and you just have to be patient, unfortunately. To give you an idea, each month an insurance adjuster will receive up to 100 claims, and it is their job to try and resolve them without the intervention of a higher authority or lawyer.

Your claim has been rejected

If your claim has been rejected and you believe wrongfully so, you have the right to dispute it. The insurer will offer you an internal review through the insurance company where it will be reviewed by a superior. If you have done this and failed to come to a resolution you are satisfied with, you can lodge a complaint with The Australian Financial Complaints Company (AFCA). If you haven't already, seeking legal advice would be a good idea. Going through this process can add to the time it takes to receive your compensation if you are rightfully entitled.

Mistakes

There is a lot involved with a personal injury claim and everything needs to be done properly. Making mistakes or providing misleading or inaccurate information can cause delays. This happens often with people that are handling their claim themselves. It's not only claimants that can make mistakes, but adjusters can also make errors. Making mistakes can cost time, and you may miss out on the full compensation you're entitled to.

Negotiating

Negotiating with the insurance provider can delay the process and more so if an agreement cannot be reached. Accepting the first offer may see you receive a lower amount than you are rightfully entitled to. Going back and forth with the adjuster can be time-consuming and overwhelming, especially if you are going at it alone and are struggling to understand what you should be entitled to given your situation and the extent of your injuries. If an agreement cannot be reached, you may have to take the matter to court which can take even longer.

Waiting for an injury to stabilise

Another reason that personal claim injury claims are commonly delayed is that the injury/injuries have not had time to stabilise. Stabilised means that the injury is unlikely to change drastically over time or with additional treatment. When the injury first occurs, it can be too hard in a lot of instances to determine the impacts that the injury has and will place on your life. You normally have to wait a year for your injury to stabilise. Once it has, your injury will need to be examined by an independent medical specialist/s. This process can take 4 months or more to complete.

Liability disagreements

Sometimes determining who is at fault for an injury isn't straight forward and it may be difficult to prove that another party played a role in causing the injury. If you don't have evidence to prove that someone else was liable for your injury, not yourself, the insurance adjuster will likely come to the assumption that you were at fault. This can lead to lengthy disagreements. The more evidence you can gather, the easier it will be to prove your innocence in the matter.

Speak to a professional

In an ideal world, we'd love to tell everyone that they can expect their claim to be finalised in 18 months or less, but as you can see there are a few things that can make the claim process slower. Here at South East Injury Lawyers, we understand how frustrating this can be and aim to streamline and simplify the process so you can receive your compensation faster than if they were to go at it alone. If you need legal advice or are looking for an expert personal injury lawyer, get in contact today for your free consultation.

]]>
Uncategorized https://www.lawresolution.com/blog/factors-that-can-delay-the-personal-injury-claim-process/ https://www.lawresolution.com/blog/factors-that-can-delay-the-personal-injury-claim-process/ Editor Mon, 24 May 2021 08:29:30 -0400
5 Types of Personal Injury Attorneys Texas law allows an injured person to pursue compensation when someone else's negligence or wrongful conduct is the cause of their injury. 

That means various situations, including auto collisions, dog bites, and swimming pool accidents can give rise to a valid personal injury claim that would call for a lawyer specialized in that field. Whether you recently got injured or have not suffered a personal injury yet, understanding the different types of Corpus Christi personal injury attorneys can help you hire the right person for the job when you need one. 

Five of the most common types of personal injury attorneys

1.    Auto accident lawyer

The majority of personal injury claims are brought by auto accident victims, making auto accident lawyers the most sought-after personal injury lawyers. Usually, these lawyers evaluate claims, identify the liable parties, and estimate claims’ value. They also go head-on with insurance companies during settlement negotiations or in the courtroom to ensure victims get the right amount of compensation for your injuries.

2.    Medical malpractice lawyers

The hospital is the one place we go expecting to get better when sick. But unfortunately, medical professionals can cause serious injuries resulting from misdiagnosis, surgical errors, and other medication mistakes. 

When a negligent or careless medical professional causes any harm to a patient due to inappropriate treatment, medical malpractice lawyers can help victims pursue compensation. Because of the complex nature of medical malpractice claims, settlements can be quite high, especially if you have the right lawyer handling your case.

3.    Workplace accident lawyers

Whether you work in an office setting or construction site, getting injured in the scope of your job is highly likely. Fortunately, Texas workers' compensation law allows injured employees to collect benefits when they suffer work-related injuries, regardless of fault. 

While it’s possible to represent yourself in a workers’ comp claim, hiring a workplace accident attorney helps ensure that your rights as an injured worker are not violated. In simple terms, the lawyer will make sure that you get the rightful benefits, and your employer does not retaliate (fire or demote you) for filing a worker’s comp claim. 

4.    Slip and fall lawyers.

Slip, trip, and fall accidents are common. They can happen at work, retail store, or a friend’s place, and in most cases result in severe injuries such as broken bones, which at times could lead to a lifetime disability.

When your slip, trip, and fall accident happens due to someone else's carelessness, a slip and fall lawyer can help. A good attorney will help you prove that the negligent party owed you a duty of care and their negligent actions caused your injuries to ensure you get the right compensation. 

5.    Product liability lawyers

Defective and dangerous products can cause severe injury to consumers at work, public places, or even in their own homes. When one gets injured by a defective item or dangerous product with improper warnings and inaccurate operation manuals, an experienced product liability lawyer can help recover compensation from the responsible party.

Other common types of personal injury lawyers include:

  • Motorcycle accident lawyers
  • Truck accident lawyers
  • Oil field accident attorneys
  • Wrongful death lawyers

Injured in an accident? Consult with our Corpus Christi personal injury attorneys today.

In the unfortunate event that you suffer an injury due to another's negligence, contact an experienced Corpus Christi attorney as soon as you can.

Here, we do more than evaluate your case; we also help establish liability and work with you to ensure you get the full compensation you deserve. Contact us to learn how our dedicated Corpus Christi personal injury attorneys can help you recover compensation for your injuries.

]]>
Uncategorized https://www.lawresolution.com/blog/5-types-of-personal-injury-attorneys/ https://www.lawresolution.com/blog/5-types-of-personal-injury-attorneys/ Editor Wed, 12 May 2021 09:57:27 -0400
3 Common Mistakes To Avoid in Family Court Break-ups in families are an incredibly stressful and worrying time. For some people, it’s their first time ever attending a family court if family dispute mediation with their family lawyer does not resolve their issues. If the dispute has to go through litigation, people tend to make some unavoidable mistakes which may negatively impact on their case. Here are the top 3 common mistakes to avoid.

  1. Not disclosing all financial information

Before the due court date, it is key that you have discussed all the relevant information you are legally required to provide, with your family lawyer in Melbourne. You are obliged to disclose all financial resources that are available to you, all of your income where employed or as part of investments and any financial interests in property including any investment portfolios. If you have gifted any monies to other parties since the relationship breakdown, this has to be declared along with shares/interests that you hold or receive as a shareholder, director, beneficiary or trustee.

All parties have a duty to disclose all details of their financial situation and it can be a genuine error that they forget to include everything or an attempt to hide some of their finances. Either way, the courts will check and if it comes to light that there is an intent to hide some pertinent information, this will go against the individual and the judge could well find in favour of the other partner. Getting an objective third party such as your trusted lawyers in Melbourne to go through all income and outgoings, will highlight the records and transactions that should form part of the pack of information for the family courts.

  1. Publishing information via social media and lying

A lot of people live their lives through social media, posting every aspect and detail of day-to-day living including photographs and comments. Arguments and opinions during a time of great upheaval such as a divorce must not be played on or commented upon when going through the family courts. Negative comments about the ex-partner or details of the relationship that paints them in a poor light, not only shows up the person posting online but it is illegal. Section 121 Family Law Act states it is an offence to publish information which could identify an individual currently part of a family law matter which is being decided up by the courts.

Even if they are no longer part of your Facebook page or Instagram account, do not make reference to them or their new partners. Remember, if you make the content private, what is posted on the Internet is part of your digital footprint and can be accessed. Both individuals have to present themselves and their case in court with a clear conscience and tell the truth under oath when questioned. The family lawyer will be there to represent them but if questioned by the ex-partner’s legal counsel, this can be a nerve-wracking event and sometimes the temptation is to lie. This is not only illegal but in the eyes of the judge, reduces the credibility of the individual. Talking through each step of the process with a family lawyer will prepare people for what questions could be asked and they will be advised on what they can and cannot say (or post) about the process prior to the event.

  1. Not putting the interest of the child first

In terms of safeguarding the child’s interests, this the priority of the Family Court. As adults, ex-partners should demonstrate that this is the one shared interest and commitment they have in common. If the courts see evidence that one parent has been speaking ill of the other parent or trying to turn the child against that parent, this will impact very badly on them. This also goes for negative comments about maternal or paternal grandparents or other family members. The child should not be used as a bartering tool in any family dispute, and this includes access and visitation rights.

Again, if the court finds that one parent had been attempting to overshare too much about the family court process with the child, this too can go against them. While it is recognised that separations and family disputes can be sometimes vitriolic between adults, the child must be seen as the number one priority.  

Involving the best family lawyers in Melbourne from the beginning of the process will avoid these common pitfalls as well as giving equable and objective support and guidance for the adults involved.

]]>
Uncategorized https://www.lawresolution.com/blog/3-common-mistakes-to-avoid-in-family-court/ https://www.lawresolution.com/blog/3-common-mistakes-to-avoid-in-family-court/ Editor Tue, 11 May 2021 23:45:31 -0400
If You Want a Fair Settlement in One of These Types of Personal Injury Cases, You Absolutely Need a Lawyer The following is adapted from Not a Good Neighbor.

Although there are many instances where you can successfully negotiate a fair settlement with an insurance company after an auto accident without an attorney’s help, there are certain personal injury cases you should never try to settle without a good lawyer at your side. These cases are so complex that you need expert help to ensure your rights aren’t compromised. 

These cases include medical malpractice, sexual harassment, product liability, medical product defects, and commercial vehicle accidents. If you’re involved in one of these types of cases, I highly recommend you get an attorney. 

However, even when you hire an attorney, it’s still important to understand the case and the laws around it as much as possible. That will help you increase your odds of getting a fair settlement. Let me walk you through what you need to know in each case to better your chances of getting the best settlement possible.

Medical Malpractice Cases

Medical malpractice cases are rarely cut and dry. To win a medical malpractice case, you have to prove that negligence occurred and that the damage you suffered was a result of that negligence. That is a significant endeavor. 

You simply can’t prove those things without a medical expert, expert testimony, and an expert understanding of how medical malpractice works in your state. Every state has complex medical negligence laws. States often go out of their way to protect doctors. Overcoming these legal and scientific hurdles is next-to-impossible for a layman.

In medical malpractice cases, not only do you have to know what you’re doing, but you also have to do it quickly. Most states have limited the amount of time you have to bring a medical malpractice case to court. 

You even have to offer the information to the other side and give them the opportunity to take your statement and take discovery before you can sue. In fact, you have to engage in active, lawsuit-like behavior before you can sue, and that usually requires that you find an attorney to represent you.

Medical Product Defects

This type of case is also very complicated. And even if a medical device caused serious injury, the cost of pursuing a case is so significant that many people don’t feel it’s worth it.

For starters, the company that produced the product is never going to admit their product is faulty. They probably spent billions of dollars developing the product, testing it, getting it approved by the federal government, and marketing it. They’re not about to say, “Sorry. Here’s some money for your trouble. We’ll pull the product off the market.”

This is why medical product defects often end up as class-action lawsuits. In a class action, several plaintiffs sign up as a group to sue someone. An individual case worth $60,000 isn’t enough to justify the cost of the scientific studies needed to beat one of these companies. 

But a group of lawyers who’ve signed up several clients can afford to spend the seven figures they need to prove a defective device hurt their clients. They get the benefit of all the science and all the prosecution and all the group think required to go after one of these companies.

Even when there’s clear product damage and clear liability, companies probably won’t give you any money unless you have a lawyer. You could make a claim; you could give them a call. But if you wanted any compensation for the faulty product, you need to be part of a group.

Product Liability Cases

We’ve already talked about medical devices, which are just one form of product liability. But nearly all product liability cases are going to require a lawyer if you want to get fair compensation.

Say, for example, you buy a ladder. You take it home and set it up precisely the way you’re supposed to and you climb up and stand on a rung to fix an electrical wire. While you’re doing the repair, a rivet breaks on the ladder rung, and you get electrocuted and fall to the ground, paralyzed for life.

It’s possible that you could get a settlement from the ladder company without a lawyer simply by calling them up. They may even give you an impressive settlement, like $1 million.

The problem is, how do you know how to value your case so that you can get a top-value settlement? They offered you $1 million, but what if your case is worth $10 million? Internally, the ladder company might decide it’s better to pay you quickly so you don’t hire a lawyer who will get you that much bigger settlement.

Plus, you’ll still need to prove your case. Most companies will not roll over and admit their product failed. They’ll say it was user error. They’ll say the ladder was old or wasn’t maintained properly. They’ll say there was a problem in the supply chain that caused the rung to break. In serious cases, the defendants will throw up a wall of subterfuge, and you’ll need an attorney to break through it.

Sexual Harassment Cases

It’s not easy to win a sexual harassment claim without a lawyer. The statute of limitations is short, and there is a complicated statutory scheme you have to follow when pursuing a case like this.

The first thing you must do is file a complaint with the Equal Employment Opportunity Commission (EEOC). You have to do this before you can file a lawsuit. 

The EEOC has a certain amount of time in which to investigate your claim, and then they issue a conclusion of no action or a right-to-sue letter, which allows you to file suit against the person in the business whom you feel made unwanted sexual advances. You can get a lawyer before going to the EEOC, but you can’t sue anyone until the EEOC says you can.

Lawyers can also help you figure out what kind of case you can bring. Sexual assault and sexual harassment are not synonymous. You can get civil damages for sexual harassment, but it’s not a criminal offense. The point here is that you really need a lawyer to help you sort through all this. 

Finally, legal representation is important in these types of cases because people who have been taken advantage of find it very difficult to advocate for themselves. The cases are too emotional, and facing your assailant is incredibly difficult to do without someone to be your knight. Plus, it is hard to sell your case having actual value.

Auto Accidents Involving Commercial Carriers

These kinds of settlements demand the expertise of a lawyer, too. That’s because commercial drivers carry a strict level of responsibility that goes beyond what’s required of noncommercial drivers. That means there are many things a lawyer familiar with those rules can do to develop evidence and create liability.

It’s often not easy to pin that liability on a commercial driver, but it helps to know the federal rules and regulations that govern commercial drivers. The standards for someone driving an eighteen-wheeler are strict and more extensive than they are for people driving a car. 

To win against commercial carriers, you have to know what those standards are. If you have an expert attorney, you can significantly increase the value of your case because commercial carriers are required to carry large insurance policies.

Expert Representation is Vital

As you can see, some personal injury cases are often complicated and require expert representation. The stakes for many of these cases are also higher, and that’s another sign that you may need to hire a lawyer to represent you.

If you find yourself involved in one of these cases—or any complicated or serious motor vehicle accident in which the damages are significant—it never hurts to call an attorney and explain your circumstances. If they think they have the expertise and can drive value into your case, they’ll let you know, and you can take steps to hire them.

For more advice on hiring the right attorney to help you get a fair settlement, you can find Not a Good Neighbor on Amazon.

Brian LaBovick is a lawyer and entrepreneur who has earned more than $400 million for his clients after establishing his injury law practice in 1991. As one of two students selected to the prestigious Order of the Barrister as the outstanding litigator in his class at the University of Miami, Brian was hired by the US Department of Justice Honors Graduate Program after graduation. He is now CEO of the LaBovick Law Group, an advisory board member of Keiser University’s legal education division, a past president of the North Palm Beach County Bar Association, and former director of the Palm Beach County Justice Association.

]]>
Uncategorized https://www.lawresolution.com/blog/if-you-want-a-fair-settlement-in-one-of-these-types-of-personal-injury-cases-you-absolutely-need-a-lawyer/ https://www.lawresolution.com/blog/if-you-want-a-fair-settlement-in-one-of-these-types-of-personal-injury-cases-you-absolutely-need-a-lawyer/ Editor Fri, 07 May 2021 00:01:41 -0400
5 Strategies to Win your Social Security Disability Hearing Though it may be hard to hear, those who told you that getting Social Security Disability benefits was difficult were understating the case. In fact, a large percentage of those who apply for these benefits are denied (45 percent of those applying for SSDI and 18 percent applying for SSI). To increase your chances of achieving a positive outcome, the most important step you can take is to engage the services of an experienced disability attorney. Studies have shown that having a lawyer with you doubles your chances of success.

Advantages a Social Security Disability Lawyer Can Provide

Having a competent disability advocate at your side gives you several important advantages. Being a professional in this field of law, she or he:

  • Has in-depth knowledge of the way the Social Security Disability system works
  • Is familiar with the hearing process and the personnel involved
  • Knows the possible pitfalls that lead to claim denial and how to avoid them
  • Knows precisely how to quickly appeal a claim denial to get better results

Most of all, a competent disability attorney has the background and know-how to use the strategy that will work best in your particular case.

Strategies to Win Your Disability Hearing

An Ounce of Prevention

One of the major benefits of having a disability attorney on call is that you will be able to receive professional guidance relative to all aspects of your hearing. Your lawyer will make certain that all timelines are met, that you wear appropriate clothing for your hearing (not formal, but modest and neat), and that you remember to be polite and cooperative, following directions and being cordial (never confrontational).

It is especially important to restrain yourself when listening to the vocational expert (VE) who may attend your hearing. That individual is charged with the task of figuring out what type of job you might be able to do in spite of your disability. You will have to resist the temptation to be defensive or to express your feeling that a suggested type of employment is too demeaning to be considered. Always take your lead from your disability attorney who will know how to phrase questions addressed to the VE in the appropriate manner.

By rehearsing with you, your lawyer will show you how to present your medical and work history in the best possible light to convince the administrative law judge (ALJ) that you not only deserve disability benefits, but require them.

Cram for the Exam by Finding Out Which Questions Are Likely to Be Asked

Don’t forget that you will be a participant at the hearing and will be asked questions designed to find out whether you are sufficiently disabled to qualify for benefits. It is essential that you know how best to answer the questions the judge will ask you. In this regard, your disability lawyer can be very helpful.

Having prepared for this scenario will make you confident and put you at ease. The less nervous you are, the more likely it is that your statements will be accepted as truthful. Your attorney will also have shown you how to answer questions about any areas in which your case is weak (e.g. your lack of medication or therapy) with reasonable explanations.

Provide Complete Medical Evidence

As you might expect, medical and/or psychiatric evidence is the basis of your claim and, as such, is the most significant aspect of your presentation. Although you are supposed to submit medical data at least 7 days before your hearing, it is possible that new X-rays have just been taken, or recent blood tests recently administered; in this case, you should bring the records with you to the hearing. It is important to be aware that medical records must be no more than 60-90 days old.

One especially important document to provide at the disability hearing is a Residual Functional Capacity (RFC) form, filled out by your doctor and backed up by medical records, that states clearly what your limitations are.

The Most Important Strategy Is Teaming Up with a Social Security Disability Attorney

It is hard enough to tackle government bureaucracy when you’re in tip-top shape. Trying to do so when you are living with pain and/or dysfunction can be totally overwhelming. Be proactive -- contact an accomplished disability attorney to help you fight for the benefits you’re entitled to receive.

About The Author

Ms. Shvarts is the managing attorney for Disability Advocates Group. After graduating from UCLA Law School, Ms. Shvarts began her career as a civil litigator at a large law firm. After several years of civil litigation, Ms. Shvarts decided to shift to a more personal type of law practice in order to help individuals who were struggling in their daily lives. She opened Disability Advocates Group to assist individuals who became disabled and unable to work to obtain the benefits they need and deserve.  Ms. Shvarts and the rest of the team at Disability Advocates Group are dedicated to assisting individuals obtain Social Security Disability Benefits (SSDI) and Supplemental Security Income (SSI) benefits.

]]>
Uncategorized https://www.lawresolution.com/blog/5-strategies-to-win-your-social-security-disability-hearing/ https://www.lawresolution.com/blog/5-strategies-to-win-your-social-security-disability-hearing/ Editor Fri, 09 Apr 2021 23:33:29 -0400
Types of Jail Release in Criminal Matters The Eighth Amendment is best known for its prohibition of cruel and unusual punishment. But this provision also guarantees reasonable bail in criminal cases. This guarantee is obviously important for personal reasons. Incarcerated people cannot provide for their families or spend time with them.

There are also some very good legal reasons for the bail guarantee. Chemically, incarceration elevates the brain’s stress hormone levels. Exposure to these hormones could cause a brain injury. Therefore, incarcerated individuals often cannot make good decisions about their case. They might accept unfavorable plea bargain agreements because they want to get out of jail so badly and they cannot understand all the consequences.

Furthermore, incarcerated defendants cannot meet with their lawyers on their own terms. That’s especially true in the coronavirus era. Most county jails have sharply limited attorney-client contact in the name of public health.

Many defendants do not reach out to a Minnesota criminal lawyer until after they are released from jail. That’s very unfortunate. An attorney can unlock some jail release options which are unavailable to unrepresented defendants. Furthermore, a good attorney-client relationship is a partnership. The more time partners spend face to face, the better the results are, at least in most cases.

Pretrial Release

Unsentenced inmates make up a significant proportion of the prisoner population in most jails. To reduce these numbers, many counties have pretrial release programs. If the defendant is charged with a non-violent crime and has no criminal history, OR (Own Recognizance) release is often available. If the defendant promises to abide by all bail conditions, the sheriff releases the defendant.

All types of pretrial release have basically the same conditions. Some of these conditions include:

  • Remain in the county,
  • Appear at all required procedural hearings,
  • Check in with a jail release supervisor,
  • Appear at trial,
  • Avoid further legal trouble, and
  • Keep up-to-date contact information on file.

These are general conditions which apply to all defendants. There are normally some offense-specific conditions as well. For example, most domestic violence assault jail releases include no-contact orders. Strict compliance with this order could mean that the defendant must relocate, even if the defendant’s name is on the resident’s lease or mortgage.

Fortunately, an attorney can often alter these conditions, if they are a problem. The travel restriction is a good example. Many defendants live in one county and work in another one. These issues are relatively easy to work out in advance. If the defendant is stopped in another county, even if the defendant has a good reason for travelling, the damage is difficult to undo.

Lawyers also advocate for defendants during pretrial release reviews. For example, the defendant might have an old or unrelated criminal conviction which technically derails the application. A lawyer can often arrange pretrial release anyway in these situations.

Presumptive Cash Bail

Generally, when sheriffs book defendants into jail, they set a presumptive bail amount, largely based on the defendant’s criminal history and the nature of the offense. Cash bail is a bit like a rental security deposit. If you return the property in good order, you get most of the deposit back. Similarly, if you obey all the terms of release, you get the cash back.

A Minnesota criminal defense lawyer cannot do much about the cash bail amount. However, a lawyer can reduce the amount at the arraignment. More on that below.

This amount is often too high for most families. About two-thirds of households cannot pay cash for a $400 emergency expense. So, a few hundred dollars for cash bail might as well be a few million dollars. The good news is that release condition enforcement is usually laxer in cash bail cases than pretrial release or a bail bond. If the defendant doesn’t fulfil a condition, the county simply keeps the money.

Bail Bonds

A bail bond is basically an insurance policy. If the defendant doesn’t meet all conditions, the bail bond company bears the financial risk. Most bail bonds companies charge about a 15 percent premium for this service.

The insurance premium is nonrefundable. It’s also much easier for many families to come up with two or three hundred dollars instead of two or three thousand. Additionally, many bail bonds companies accept credit cards or alternative forms of payment.

In some jurisdictions, Minnesota criminal defense lawyers may also write bail bonds for their clients. If one professional handles both jail release and the defense, there’s less stress on your family during a very stressful time. Furthermore, many attorneys are more informal in terms of bail bond conditions.

Bail Reduction Hearings and Minneapolis Criminal Defense Lawyers

Frequently, the arraignment is a formality in criminal cases. In fact, if the defendant is free on bond, most attorneys waive this hearing. But for incarcerated defendants, arraignments take on a whole new meaning.

In these situations, the arraignment, which usually occurs about seventy-two hours after the arrest, doubles as a bail reduction hearing. At this hearing, in addition to the aforementioned severity of the offense and criminal history, judges take a variety of factors into account. Some examples include the defendant’s:

  • Ability to pay,
  • Connection with the community,
  • Threat to specific individuals and witnesses,
  • Ability to flee the jurisdiction, and
  • Threat to public safety,

Attorneys frequently reach out-of-court settlements with prosecutors at arraignments. For example, the state might agree to reduce the bond amount if the defendant agrees to electronic monitoring.

About the Author

Gerald Miller is the principal attorney in Gerald Miller, P.A., a Minnesota DWI defense firm. He has over thirty-five years of experience in this area. Gerald has been recognized repeatedly over the years for his contributions to DWI defense and his successful representation of defendants. Click here for more information.

]]>
Uncategorized https://www.lawresolution.com/blog/types-of-jail-release-in-criminal-matters/ https://www.lawresolution.com/blog/types-of-jail-release-in-criminal-matters/ Editor Thu, 08 Apr 2021 20:49:04 -0400
In New York, Does Your Car Insurance Cover Bills from an Accident? New York is one of a few no-fault insurance states, and this can be confusing. No-fault insurance covers your financial losses regardless of who is at fault for the accident in question. Every motorist in New York is required to carry a minimum of $50,000 in no-fault coverage for this very reason. Further, no-fault insurance follows the car – not the individual. This means that if you are injured as a passenger in someone else’s vehicle, the driver’s no-fault insurance will cover you. If you’ve been injured by another driver’s negligence, however, it remains in your best interest to consult with an experienced Brooklyn car accident attorney.

Your No-Fault Coverage

If you’ve been injured in a car accident – regardless of who is at fault – your no-fault insurance coverage will kick in for your financial losses, including your medical bills and lost earnings – at specific percentages that do not reach 100 percent. In such an instance, your medical bills will process through your no-fault coverage and not through your health insurance. If your medical bills exceed your no-fault limits, however, your health insurance may kick in.

The Limitations of No-Fault Coverage

The no-fault insurance approach is intended to help injured parties obtain the financial compensation they are entitled to when they need it, but it also has drawbacks. A serious injury can lead to debilitating pain and suffering that no-fault coverage does not address. Additionally, no-fault coverage has maximum amounts in place that don’t begin to cover the damages associated with more serious accidents.

Bypassing No-Fault Coverage

In those instances in which the injured party sustains what the State of New York deems serious injuries, claimants are allowed to bypass no-fault insurance and file a claim with the at-fault driver’s insurance company. All of the following reach the state’s threshold for serious injuries:

  • Dismemberment
  • Fractures
  • A bodily system or function that suffers significant limitations
  • Permanent loss of an organ or body member
  • The loss of a fetus
  • Significant disfigurement, such as from a serious cut or burn on or near the face
  • Any non-permanent injury that, nevertheless, prevents the claimant from performing his usual daily responsibilities and routines for at least 90 days of the 180 days that immediately follow the injury-causing accident

Wrongful death claims also bypass the no-fault threshold. Further, while the list of injuries that qualify as serious is somewhat specific, not all serious injuries can be so easily categorized, which is why consulting with a skilled Brooklyn car accident attorney is always a good idea.

Reach out to an Experienced Brooklyn Accident Lawyer Today

The established accident attorneys at Lipsig, Shapey, Manus & Moverman in Brooklyn have considerable experience successfully guiding claims like yours toward outcomes that protect our clients’ rights and that support their best interests (now and into the future). We’re here for you, too, so please don’t wait to contact or call us at 917-268-2985 for more information about how we can help today.

]]>
Uncategorized https://www.lawresolution.com/blog/in-new-york-does-your-car-insurance-cover-bills-from-an-accident/ https://www.lawresolution.com/blog/in-new-york-does-your-car-insurance-cover-bills-from-an-accident/ Editor Tue, 06 Apr 2021 23:09:19 -0400
Tips For Choosing A Lawyer

No matter how charmed a life you lead, there will probably come a time when you will need to hire a lawyer. Of course, all attorneys are not the same, and one attorney you have used in the past may not be suitable to use in your current situation. If you find it necessary to hire a lawyer, you’ll need to know what to look for in the attorney you need. Follow along as we have put together information on tips for choosing a lawyer and what type of lawyer to hire.

Choose the Right Type of Lawyer

Specialization is common in most industries, but attorneys take it to a new level. With many different types of law to practice, it makes sense for lawyers to practice one or two types during their careers. This specialization ensures they are experts in their respective fields after serving a specific amount of time practicing. Here are a few different practices lawyers specialize in:

  • Business Law
  • Criminal Law
  • Bankruptcy Law
  • Family Law
  • Environmental Law
  • Civil Rights Law

Of course, this is only a snippet of the many different types of practices out there for lawyers. Each of the listed categories will also have several specialties under them. For example, under criminal law, some lawyers only practice in defending DWIs or Murder cases.

The point to take away is that if you are looking to hire an attorney to represent you in a case, you’ll need to drill down and find what potential attorneys specialize in.

Experience

After you have chosen a list of attorneys for hire based on the types of law they practice, it is time for the interview process. You should interview lawyers as anyone else you would hire for providing a service.

One of the most important answers you need to get from prospective lawyers is their experience in dealing with cases like yours? Ask the lawyer to give you a couple of examples of cases he or she has represented and the outcome of the case.

Use Local Attorneys

When deciding what lawyer to hire, make sure they practice in the same court that will litigate your case. Lawyers who live and work in a single community will have a rapport with the employees of the local court. This familiarity allows them to understand the local court system’s nuances and know-how to serve you as a client better.

Communication

Will the lawyer you hire take pride in working on your case or is it just another client willing to pay money for their services. During the interview, take note if the lawyer is paying attention to the questions you have and fully answer those questions.

Most people can get a feel for others after a few moments of speaking back and forth. You’ll be counting on your new lawyer to handle sensitive information and decisions made by the court that may change your life. If at any time you do not feel comfortable, move on and interview another lawyer to handle your case.

]]>
Uncategorized https://www.lawresolution.com/blog/tips-for-choosing-a-lawyer/ https://www.lawresolution.com/blog/tips-for-choosing-a-lawyer/ Editor Fri, 26 Mar 2021 23:07:24 -0400
What Do You Do If Your Car Accident Wasn't Your Fault? Fleeing the accident should not be your option, as it is clearly against every state’s law. You should always be present in the scene and wait for the law enforcement team to intervene,

Remaining calm should be your utmost priority—no matter what the case is. The first and foremost action which you should take is recording. Do not trust your phone in the process, as several issues can cause the loss of data. Instead, grab a spare paper and write down the key points from your memory you remember from the incident, and every detail counts; thus, do not filter anything. Let’s dive into the immediate steps which you should take:

Call The Law Enforcement Immediately

You need to immediately jab 911 on your phone, as taking the police into account is beneficial for your record. Remember that a police report will, in essence, speed up the whole process of claiming insurance, if any. Bolster your case by taking the police into confidence, especially on the instance if you know it’s not your fault. Many times an accident occurs right in the middle of the road, interrupting the traffic. In all such scenarios, you should move the vehicles out of the flow. In disastrous situations, the cars can’t be driven. One should remain settled in the vehicle while turning on the hazard lights. Police should be ideally called if the damage is above $1000 or either party has incurred any injury—well, this again varies from state to state.

Car Accident Attorney Suggests Gathering Information

Next, aim to squeeze out as much information as you can from witnesses. Whenever any incident occurs, there are usually witnesses passing by. Do not ignore their potential as they can make or break the case. Instead of letting them go, get their contact information to support your claim. Apart from jotting down the information regarding witnesses, you should also write down the badge numbers of the officer who arrive at the accident scene, including the ambulance’s contact information.

Car Accident Attorney Suggests Recording The Scene

Many times, law enforcement simply does not show up, and even being sure of not guilty, you get charged. In such cases, take the assistance of photographs. Capturing videos will help, so click the accident scene, the environment, damages, injuries, and even the minute details—like license plates. Every car accident attorney suggests to collect as many important pieces as you can, as this will help solve the puzzling case. Additionally, such evidence is most likely needed by insurance companies, so consider their requirements. 

Follow Up

You might not know that an accident without injuries often gets unnoticed by enforcement teams. Thus, it becomes your responsibility to file a report on the Department of Motor Vehicles. You will have to go into the hassle alone of submitting all the documentation relating to the accident or you can hire a car accident attorney.

Take Medications

You should not ignore your health if you suffer from any kind of pain after the crash. Visiting your physician will help, ensuring injuries being tied to the accident. Many people use a post-accident pain journal for tracking medications.

]]>
Uncategorized https://www.lawresolution.com/blog/what-do-you-do-if-your-car-accident-wasnt-your-fault/ https://www.lawresolution.com/blog/what-do-you-do-if-your-car-accident-wasnt-your-fault/ Editor Fri, 19 Mar 2021 22:35:22 -0400
An unignorable number of patients leave hospitals with worsened health conditions and here is why In no circumstances, one’s wellbeing should be in second place. However, the reckless actions of others can sometimes make us struggle with adverse medical conditions. The importance of medical treatments is unignorable. However, negligence also exists in medical centres. These behaviours do not have to be intentional to harm someone. Due to many reasons, a patient receiving medical treatment can be harmed. The practitioner can be tired, the nurse can be sustaining emotional problems, or a simple procedure might be skipped for any reason. This is called medical negligence, and, under the laws, victims of similar treatment errors can make a compensation claim to recover this loss. Considering the patient’s medical situation before the treatment, the extent of the loss can be even tougher.

The human factor is among the main causes of treatment complications

A human can do mistakes. However, these mistakes can be deadlier whilst receiving treatment. Depending on the treatment, the victims can sustain permanent injuries such as spinal system malfunctions, major airway injuries, birth defects, cardiac diseases and even paralysis. It is good to keep in mind that medical literature is huge, and these mentioned above are just a small part of injuries that can be sustained after a medical error.

Medical accidents can arise almost in every treatment. From prescription to critical surgeries, there is always a chance to make a mistake. Even if the medical attendant does not make a mistake and performs the treatment just as it should be done, complications can still arise due to the natural risk of surgeries. However, this is a topic that should be examined in-depth. Because, as much as performing the treatment at acceptable standards, warning the patients of natural risks of the surgery is also the doctor’s duty. A standard person with no medical education is likely to be unaware of the natural risks involved in the treatment process. For this reason, even if the chances are very low, medical professionals at duty should warn the patient. Failing or delaying to inform the patient is a breach of duty of care.

Although the chances of experiencing medical malpractice are very low, odds may not be in your favour. On a similar occasion, you might need to be aware of your rights to decrease the negative impact of medical errors on your life.

Medical complications are more likely to occur than can be thought

Even using simple antidepressants can severely damage the brain of the patient. Supervision and prescription are another important duty that should be performed flawlessly. Prescription mistakes can be made at the beginning of the treatment process. Other than that, supervision is also important as over usage of these medications or using them for a long time can lead to painful results. Using medications more than it should be done can result in infertility, loss of senses in organs and brain injuries.

Medical errors can also occur in critical surgeries. Pressure on the patient’s body, mispositioning the patient during the surgery, blocking the patient’s airway and applying the operation in the wrong areas are some of the many reasons. Treatment processes sometimes aren’t limited to face-to-face procedures. As an example, pregnancy lasts long. Even after the delivery, the patient will need medical help to recover her pre-pregnancy form. The same duties also apply in these processes. The medical attendant should be certain that the necessary procedure is applied throughout the treatment.

In a nutshell, these accidents can occur and it is best to know your rights when they do. Hopefully, you will never experience the desperation while sustaining injuries after a medical error. But if you do, it would be a wise idea to spare some of your time to check a detailed medical negligence guide to understand your rights.

]]>
Uncategorized https://www.lawresolution.com/blog/an-unignorable-number-of-patients-leave-hospitals-with-worsened-health-conditions-and-here-is-why/ https://www.lawresolution.com/blog/an-unignorable-number-of-patients-leave-hospitals-with-worsened-health-conditions-and-here-is-why/ Editor Tue, 09 Mar 2021 23:32:38 -0500
Don’t know what to do after an accident? Here are your rights and entitlements Personal injury laws in Australia cover accidents in traffic, in public and private properties; and during medical treatments or working. Although each occasion is examined regarding the Act in compliance with, some entitlements and criteria are common. It’s certain that the party at fault is liable for recovering the loss of the victim. However, the process isn’t as simple as it is described. The process can last for months. During the process, an in-depth investigation might be needed as the insurer or the court will need to examine many variables involved in the accident. Such as the victim’s failure to act responsibly for his/her own safety, the defendant's attitude, and both parties' duties and how these duties were breached. Although the victims generally do not owe a legal duty to others, they are still responsible to act reasonably to avoid major health conditions in case of an accident.

Motor vehicle accidents can get confusing due to a lack of knowledge

Every citizen in Australia should be certain that any unjustness and aggrievement will be fixed and relieved by means of laws designed specifically for each situation. If a victim of a motor vehicle accident believes that they are suffering from a loss due to someone else’s behaviour, the first step of pursuing rights can be started by talking with a lawyer. An accident in the traffic might cause many problems even if it’s a minor accident. Not being able to go to work, sustaining injuries and suffering pain can be quite frustrating for anyone involved in a similar accident. If you can’t work, you may lose your income, if you sustain injuries, you may not be eligible to work and if you are not in a good mental state, these problems can get harder to deal with. This is how a chain reaction can start after a car accident. It is a known fact that due to long-lasting injuries; mental problems can appear and the whole process can get even harder for the victim. Same for being unable to work. Loss of income can be dealt with in short term, however, more serious problems might be awaiting the victim. To prevent all these, laws give options to both parties to claim motor accident compensation through the third-party insurer.

In motor vehicle accidents, both parties can recover their loss by means of monetary compensation. The loss can be additional and unexpected expenses such as medical expenses after the accident; or physical loss for being unable to work, sustaining injuries and decreased capacity to perform daily tasks. Loss of the victim due to temporary and permanent physical disabilities can be compensable. This includes payments for medical expenses, emotional loss, loss of wages and permanent impairment. Although both parties may be eligible to claim compensation, the entitlements might differ. To understand your entitlements, both parties can take a glance at a detailed motor accidents guide.

Accidents in public places can occur regardless of place, time and occasion

These accidents can result from the victim’s own fault or from someone else’s negligent actions and behaviour. Even if the accident is a simple slip and fall accident, the outcome can be a lot more serious and devastating. The number of public liability claims filed each year for these accidents are quite shocking. Service providers throughout Australia commonly owe a legal duty to their visitors, clients, patients and customers. The duty is to provide their services whilst keeping their visitor’s health condition in a good state. Lack of acting responsibly can be risky and be the main reason for an accident. In this case, the victim can claim negligence compensation as the accident could have been prevented if care was taken by the service provider.

]]>
Uncategorized https://www.lawresolution.com/blog/dont-know-what-to-do-after-an-accident-here-are-your-rights-and-entitlements/ https://www.lawresolution.com/blog/dont-know-what-to-do-after-an-accident-here-are-your-rights-and-entitlements/ Editor Tue, 09 Mar 2021 23:30:01 -0500
Photos Can Be Helpful in Slip and Fall Accident Cases Slip and fall accidents are often exceptionally frightening, painful, and dangerous accidents that can require protracted recoveries and considerable expense. When commercial property owners fail to live up to the duty of care they owe their customers, clients, and other invited guests, they increase the risk that slip and fall accidents will happen. If a property owner or manager’s negligence leaves you injured in a slip-and-fall accident, speak with an experienced Tampa slip and fall attorney today.

Your Slip and Fall Accident

People often chalk slipping and falling up to clumsiness or simply think of it as one of those things that simply happens as part of life. However, these accidents and the resulting injuries and losses are often preventable. If the property owner or manager’s negligence regarding maintaining reasonably safe premises is the cause of your accident, seeking the compensation to which you are entitled is critical to your ability to recover financially and move forward. As such, it’s important to bring your strongest claim in support of your best interests.

Taking Pictures at the Scene of the Accident

The fact is that slip and fall accident claims are often quite complicated, and it can come down to your word against the property owner’s. However, if you obtain pictures and/or videos depicting the accident scene, it can go a long way toward supporting your claim and toward procuring your just compensation.

An important note to make is that if you can’t take the pictures yourself, you can enlist a companion or bystander to do so on your behalf. Even if you’re too seriously injured to participate at all, it’s very likely – in the era of instant accessibility to smartphone cameras – that someone can take care of the photos for you.

The Important Role Photos Can Play

Your slip and fall case hinges on your ability to demonstrate that the property owner or manager failed to maintain the premises in the reasonably safe condition necessary to accommodate your safety. Often, proving this comes down to capturing the slipping hazard in question in photos.

Because a picture says a thousand words, having pictures to back up your claim can mean the difference between obtaining just compensation and not doing so. Common causes of slip and falls that can be easily captured in photos and videos include:

  • Inadequate lighting
  • Spills that go unattended and without adequate warnings
  • Poorly maintained floor coverings, including rips, tears, holes, bunching, and other signs of wear
  • Uneven, cracked, or buckled walkways
  • Freshly mopped floors without warning signs
  • Overly polished floors
  • Debris-strewn walkways
  • Obstacles that infringe upon walkways
  • Poorly designed, erected, or maintained staircases

Consult with a Dedicated Tampa Slip and Fall Attorney Today

The Tampa slip and fall attorneys at Tragos, Sartes & Tragos are committed to helping you procure all the available evidence – including photographic evidence – necessary to help bring your strongest claim. Your case is far too important to leave to chance – or to the at-fault party’s insurance company’s discretion. We’re on your side, so please don’t hesitate to contact us online or call us at 813-223-6405 for more information today.

]]>
Uncategorized https://www.lawresolution.com/blog/photos-can-be-helpful-in-slip-and-fall-accident-cases/ https://www.lawresolution.com/blog/photos-can-be-helpful-in-slip-and-fall-accident-cases/ Editor Sat, 06 Mar 2021 00:10:22 -0500
What Does a Personal Injury Claim Cover? If someone else’s negligence leaves you injured, you may face a difficult path toward physical and mental recovery. It’s important, however, to pursue the compensation to which you are entitled to help ensure that you are able to regain your health and well-being to the best of your ability. If you’ve been injured in an accident that was caused by someone else’s negligence, don’t put off consulting with an experienced Tampa personal injury attorney.

The Damages You’ve Incurred

The injuries you’ve sustained may be considerable and should be fully addressed in your personal injury claim. Claims can cover the following and more, given the circumstances:

  • Medical Costs – A serious injury can lead to extensive medical costs and may result in ongoing medical needs and even secondary health concerns. In other words, it’s important to represent your complete range of medical costs (including those that are predicted into the future) in your personal injury claim.
  • Lost Wages – While you recover from the injuries you’ve sustained, you’re likely to lose hours on the job and experience lost wages as a result. If your injuries are long-lasting or quite serious, you could be looking at a decrease in your earning power into the future.
  • Pain and Suffering – The physical and emotional pain and suffering that is often associated with being injured as a result of someone else’s negligence can be overwhelming. In fact, these non-economic damages can be even more difficult to surmount than the economic damages you face.

Your personal injury claim can – and should – address both your economic and non-economic damages in order to help provide you with the best opportunity to fully heal.

Seeking Just Compensation

Recovering from the physical injuries you’ve sustained can be daunting at best, which makes seeking just compensation imperative.

Your Medical Expenses

Your medical expenses alone can include all of the following:

  • Emergency care at and transportation from the scene of the accident
  • Surgery and surgical follow-up
  • Hospitalization
  • Treatment and care from doctors and specialists
  • Physical therapy
  • Rehabilitation
  • Home health care
  • Adaptations to your home and adaptive physical devices
  • Acupuncture, chiropractic care, and/or other forms of pain management
  • Drug prescriptions

Your Lost Earnings

Being off the job while you heal can be difficult and costly, but things become that much more difficult if you’re not able to continue on the career path you’ve carved out for yourself due to the injuries you’ve sustained. Because many of us find our careers extremely rewarding and enriching, this can amount to both financial and emotional damage.

Your Physical and Emotional Pain and Suffering

The physical pain that often accompanies being injured by someone else’s negligence can be exceptionally difficult to deal with, but the emotional component can be just as damaging.

Seek the Professional Legal Counsel of an Experienced Tampa Personal Injury Attorney Today

The seasoned Tampa personal injury attorneys at Tragos, Sartes & Tragos dedicate their practice to helping clients like you obtain compensation that covers their physical, financial, and emotional damages in their entirety. To learn more about how we can help you, please don’t hesitate to contact us online or call us at 813-223-6405 today.

]]>
Uncategorized https://www.lawresolution.com/blog/what-does-a-personal-injury-claim-cover/ https://www.lawresolution.com/blog/what-does-a-personal-injury-claim-cover/ Editor Sat, 06 Mar 2021 00:09:48 -0500
What is the Role of the Company (and Counsel) when Owners Go Through a Dispute? There are times when the owners of a company, especially LLCs or closely held companies, litigate over who should control the company.  When that happens, what is the company supposed to do? Does it play any role in that dispute? Does the majority owner get to use company counsel or other company resources going through this dispute?

Naming the Company as a Co-Defendant

There are times that the company is named as a nominal defendant.  However, the plaintiff owner will run the risk that the defendant owner will be bolstered in believing that the company's resources can be used (if not in total, in a large part) as they are defending the company and that the defendant owner can piggyback off of that defense. 

Remedies After the Fact

There are some remedies that each party may be able to get after the fact if the other side has had access to counsel at a substantially reduced cost.  Courts may be able to provide some fiscal relief in the form of post litigation fees.  However, this remedy is not helpful in many cases as the other side was able, during the full brunt of the litigation, to utilize counsel at a substantially reduced rate and accordingly had more funds available for other purposes.

In re Murrin - Texas Litgation

This exact scenario arose in Texas litigation, In re Murrin Brothers 1885, Ltd., 603 SW3d 53 (Tex 2019).  This case arose in the Texas Supreme Court as the plaintiffs moved to disqualify defendants' counsel in the matter.  The dispute, which wasn't decided at the time by the lower court, was among six controlling owners and twelve minority owners in an LLC. The controlling owners fired the president of the LLC and the president claimed that unanimous vote was required to fire him (and his supporting team). The minority sued both the company and the majority and the majority retained counsel that previously represented the company.  Further, the majority utilized company resources to fund the litigation.

The court did not rule on the issue of the majority utilizing company resouces to fund the litigation.  The court stated that any inequity that was brought about by one side using the company's resouces could be fixed later as adequate remedies still exist for subsequent recovery of legal fees.

Conclusion

Although remedies may exist after the fact for the payment of litigation costs by one party, that may not help enough to balance the existing inequity.  Counsel needs to carefully determine whether adding the company as a defendant is enough to run the risk of the other party being able to use company resources and counsel during the litigation.  See more at https://kcbusinesslawgroup.com/

]]>
Uncategorized https://www.lawresolution.com/blog/what-is-the-role-of-the-company-and-counsel-when-owners-go-through-a-dispute/ https://www.lawresolution.com/blog/what-is-the-role-of-the-company-and-counsel-when-owners-go-through-a-dispute/ Editor Fri, 05 Mar 2021 08:41:17 -0500
The Different Areas of Law& Reasons to Hire a Lawyer Law plays a significant role in our day-to-day lives, and the world would be incomplete without rules and regulations. Whether running a business, filing a divorce, or seeking tax minimization, legal issues pop up each day. 

Luckily, there are different types of lawyers, and all specialize in specific fields. For instance, baylegal.com offers various legal services for both individuals and entrepreneurs. The lawyers will guide on financial issues, wealth building, and more. Nevertheless, engaging a lawyer in legal matters comes with numerous perks.

What are the different types of legal services provided by lawyers?

  1. Business law

Business law covers a wide range of issues on business operations. It mostly involves new business launches, new branches, subsidiaries, and business partnerships. Most corporations hire personal attorneys to handle all legal matters in the company. The services offered also include advice-giving on legal issues.

  1. Family law

This service deals with matters relating to family relationships. Often, families go through disagreements, hence the need for an attorney to help resolve the issues. These may include things like divorce, property sharing, child custody, and more.

How will a family lawyer help? The professional will help you understand your legal rights and the expected outcomes of a lawsuit. They will also suggest the type of documents and information required to support your statements. What’s more? The attorney will plan for the next course of action and negotiate with the other party on your behalf.

  1. Criminal law

Individuals facing criminal charges can hire an attorney to defend them in court. The common types of crimes are

  • Physical assault
  • Abduction
  • Manslaughter
  • Robbery& Theft
  • Murder
  • DUI
  • Embezzlement
  • Lying under an oath

If faced with the crimes mentioned above, only a skilled criminal defense lawyer can help you out. The roles of a criminal lawyer include informing you and your family members of your rights. The attorney will also request a temporary release through bail. Moreover, he or she will counsel you on the different tactics employed to defend your case.

What’s more? A criminal lawyer negotiates with the prosecutor to drop or reduce your charges depending on the type of crime committed. They will fight for your rights and interest, which ensures a fair trial.

  1. Personal injury law

Car crashes are common scenes and result in injuries or fatalities. Slips and other work-related accidents are also worth mentioning. If you suffer injuries in an accident or the office, you can hire a personal injury lawyer to help you out. In most cases, compensation can bring about disputes between workers and the employer, and a lawyer will help.

Personal injury lawyers can also help during out-of-court negotiations and ensure that both parties get the deserved justice. After a road accident, the party at fault may refuse to take responsibility, and a lawyer will come in handy. They help negotiate the right settlement for your damages

  1. Banking& Finance law

Banking and finance law involves the regulation of financial products and loan transactions. A finance lawyer performs various roles, including advising banks and companies on working across multiple jurisdictions.

  1. Clinical negligence law

Medical malpractice is a common occurrence that poses various health risks to victims. The cases involving medical malpractice are challenging and require an experienced lawyer.

The main types of clinical negligence are;

  • Missed, delayed, or incorrect diagnoses
  • Birth injury cases
  • Wrong prescriptions
  • Surgical errors
  1. Gaming law

Gaming law regulates the gaming and gambling industry. Nowadays, there’re many casinos, and players deposit money to play their favorite games. You can win or lose while playing in a casino. Some terms and conditions govern fairness during gambling sites. An aggrieved party can hire a gaming lawyer to help resolve disputes in case of loss of winnings or other types of violation.

  1. Employment law

Employment law revolves around everything that we do in the course of our day-to-day jobs. This type of law regulates the relationship between employers and employees. It sets out the rights and obligations of both parties and resolves any associated disputes. Employment law also governs pensions and employee benefits. 

That’s not all! Employment law prevents discrimination, bullying in workplaces, and power imbalances. It also promotes safety practices and good health among employees. Employment law safeguards the rights of workers and their entitlements.

The role of an employment attorney is to advise companies and institutions against the claims. He or she also explores HR policies focusing on different elements of employment. The experts also fight for the rights of employees to discourage discrimination and victimization.

Under the mentioned categories, the primary services offered by lawyers include;

  • Consultation for legal information
  • Gathering evidence
  • Reviewing documents like leases, wills, agreements, and more
  • Preparing documents& handling all the paperwork
  • Mediation with third parties
  • Court representation during negotiations, arbitration, and legislative hearings

Why engage a lawyer in legal issues?

The best person to run to when facing legal issues is a lawyer. These are professionals with the right knowledge and skills to handle your case. Lawyers undergo rigorous training and know how to go about various legal matters. 

Moreover, a lawyer will help gather the necessary evidence for a favorable court outcome. He or she will advise you on the best legal procedures. What's more? The professional will help you understand the legal implications of your actions if you decide to file a lawsuit. The attorney will also guide you through the process and help you get any other necessary documents for your case. 

No matter the type of legal case, the lawyer will inform you of other options to consider before going to court. These may involve out-of-court negotiations in cases of divorce, medical malpractice, or personal injury cases.

Compensation negotiation is also a role worth mentioning. If you endure injuries from a car accident or work-related accident, the attorney will negotiate with your employer or the insurance company in court. They know the right settlement amount for such claims. And will help you get what’s due to you.

A quick wrap up

There are different areas of law and various categories of lawyers. If dealing with a legal issue, hire the right expertise for your case. To get the best lawyer, consider aspects like years of experience, licensing, and the cases handled. Also, seek recommendations and referrals from friends, and pick the most suitable person for your case.

]]>
Uncategorized https://www.lawresolution.com/blog/the-different-areas-of-law-reasons-to-hire-a-lawyer/ https://www.lawresolution.com/blog/the-different-areas-of-law-reasons-to-hire-a-lawyer/ Editor Wed, 03 Mar 2021 22:32:23 -0500
Hiring A Criminal Attorney? Ask These 5 Most Important Question Time is the essence when you immediately require a criminal defense lawyer. Every case differs from each other and the criminal attorney may need some time to gather up some information in order to prepare for the court proceedings. While an individual is in need of legal help, one should make sure that they question the lawyer fully before finalizing and hiring them. Hiring a criminal attorney may seem to be easy but it is not a piece of cake. Many people hire them without proper interrogation and communication and end up regretting in the end. If you for any reason we're looking for a criminal attorney then you have landed on the right page. This article will guide you through the five most important questions that you shall ask before hiring a criminal attorney.

How Much Experience Does Criminal Attorney Have?

Experience plays a vital role in finalizing the criminal defense lawyer. It is of no shock that the first thing that a client sees in his lawyer is his past experience along with his educational background. One should definitely interrogate the criminal attorney about his past proven work and should make sure that he has solved a similar case as yours. One should also ask them about their specialty and the type of case they have command over.

Who Will Be Handling The Case?

In many cases, it has been seen that a large company often comprises of paralegals and other legal associates which often eases the job of the main criminal attorney. Working and communicating with a large team increases the points of contact as well as also leads to lower fees. Though it also comes with one main disadvantage as well. Working with more than an attorney can lead to miscommunication and misunderstanding. This is the reason why it is suggested to work directly with a criminal attorney.

Evaluation And Assessment Of Your Case?

Most of the lawyers offer a free consultation regarding your case. It is advised and recommended to take full advantage of this point as it eases and helps to make your decision. One should definitely ask about the assessment of their case. Moreover one should definitely discuss the plea bargain and about going to trial as well. Besides this, one can also ask about the potential issues regarding their case as well.

Fee Structure Of Criminal Attorney

Many people just don't enquire about the fee structure and start getting along and end up regretting in the end. It is very much important to ask criminal attorneys their fee structure. Moreover one should also clarify whether they charge giving consulting advice or not. There are many lawyers who give a free consultation over the phone while others charge and bill you let minute. It is always better to ask a fee structure beforehand to avoid confusion in the end.

How Often Do The Cases Go To Trial?

There are many criminal attorneys’ that prefer plea bargains instead of showing themselves at trials. If this is the case then surely your lawyer won't be having much experience at trial. Every case is different and cannot be dealt with the same way. Not every case is meant for plea bargain but some do require to go to a trial. This is the reason why a person should definitely clear things about going to the trial before hiring them.

]]>
Uncategorized https://www.lawresolution.com/blog/hiring-a-criminal-attorney-ask-these-five-most-important-question/ https://www.lawresolution.com/blog/hiring-a-criminal-attorney-ask-these-five-most-important-question/ Editor Mon, 01 Feb 2021 07:49:56 -0500