LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Sun, 05 Apr 2020 18:31:52 -0400 4 Reasons It's in Your Best Interests to Get a Criminal Lawyer’s Help There may come a time when you are mistakenly accused of a crime that you did not commit. And though the truth may be on your side, fighting to clear your name is not an easy thing.

It doesn’t help that the criminal justice system is hard to navigate. Even one wrong move could turn the odds against you. So you shouldn’t engage in any legal battle without sound advice and representation.

That’s why you’ll want to get the help of experienced criminal lawyers Perth residents trust. They have the legal knowledge and skills that can make or break your case. If you’re still in doubt, here are a few reasons why you’ll need their help in case you’ve been wrongfully accused:

  1. The Law Is Complicated

If legal procedures were straightforward, then there would be no need for lawyers at all. Unfortunately, the law is quite complex and difficult to navigate. To further complicate matters, what’s expected of lawyers is also constantly changing and evolving. Most people don’t have the time to keep up with these changes, much less the background to fully comprehend them.

It takes years of studying and experience to know the ins and outs of criminal law. In cases like these, it’s more practical to hire a criminal lawyer to walk you through the process.

  1. Representing Yourself Is Risky

You may feel hesitant to hire a criminal lawyer because of the potential costs involved. But going to court without legal help is like going into battle without the proper equipment.

Without legal expertise, representing yourself could lead to disastrous results. You could end up incorrectly charged or sent to prison. Additionally, there could be other serious ramifications that could ruin your life. For instance, you may be disqualified from obtaining or holding a driver’s licence. You may also be turned down when applying for jobs due to having a criminal record.

Fortunately, a criminal lawyer can help you avoid landing into these situations. Hence, the initial investment greatly outweighs the costs of being wrongfully found guilty.

  1. Police Interviews Are Tricky

Upon arrest, you’ll usually undergo a police interview as part of standard procedure. But you may be too rattled and anxious by the situation to think straight. If you don’t know the right words to say, you might end up making the situation worse. And you can’t exercise your legal rights if you don’t know what they are.

That’s why it’s a good idea to have a criminal lawyer present as you talk to the police. They can tell you what the police can ask you and what you can refuse to answer. And in case they send you to prison, your lawyer will know what to do to arrange for your bail and get you out of there.

  1. The Rules of Evidence Are Complex

Without knowing the rules of evidence, you might ask the wrong questions in court. The prosecution may take advantage of this by finding holes in your line of questioning.

But a good criminal lawyer knows how to frame their questions and avoid objections. They'll also come to the courtroom with a solid cross-examination strategy. If the prosecution objects, your lawyer will know how to defend their questions. The answers you can gain from effective questioning can significantly strengthen your case.

If you find yourself up against a false accusation and don’t know what to do, there’s nothing wrong with asking for legal help. With such a dire case on your hands, it’s best to reach out to a criminal lawyer to represent you as soon as possible. Their legal expertise can completely change the results of your case for the better.

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Uncategorized https://www.lawresolution.com/blog/4-reasons-its-in-your-best-interests-to-get-a-criminal-lawyers-help/ https://www.lawresolution.com/blog/4-reasons-its-in-your-best-interests-to-get-a-criminal-lawyers-help/ Editor Thu, 12 Mar 2020 23:12:22 -0400
How AB5 affects Uber and Lyft The destruction of the AB5 law has wreaked havoc on the gig economy, and many people have fallen victim to it from freelance writers to freelance photographers to musicians to drivers for Uber and Lyft. The devastation in its wake has left hundreds of thousands of people without a job in California. Their entire income gutted in a single night because of a selfish woman's passing of the bill known as AB5.

The Responsible: Lorena Gonzalez

Meet the California politician responsible for the passing of AB5. Lorena Gonzalez, a short-sighted Democrat representing the 80th assembly district passed this bill that forever negatively changed the landscape for Uber and Lyft drivers. Some believe she allegedly and corruptly passed this bill because of union funding, but most people want the option to participate in a union, rather than being forced into one. People have lost homes, and all we can do is call it Lorena's success story.

Fierce Political Battle Erupts

For those on the receiving end like Uber and Lyft drivers, the argument was that they should be classified as employees, rather than independent contractors. Uber and Lyft joined forces with DoorDash, and they have vowed to spend up to $90 million on passing a ballot initiative that will exempt their workers from this destructive bill.

How Does This Impact Drivers?

While the ferocious fight has begun to exempt drivers, this may not happen if ever where they will get excluded. It could take at least several months before it gets passed. While some Uber drivers support being unionized, you have others who don't want this. Some legal challenges could arise as a result of this bill getting passed. If this bill stays in place, for example, it could mean that hundreds of drivers will lose their jobs because of how Uber and Lyft can't afford to keep them on.

How Passengers will Suffer

Much of this comes down to speculation, but passengers will see it as less convenient for them to order through the app because of how the number of drivers will most likely plummet. As an employee, this could be beneficial to drivers in some ways if they can manage to keep their jobs, but not everyone will be able to keep their jobs because of the costs of keeping employees over keeping independent contractors.

In addition, some drivers would hate it because of how they will lose the flexibility to schedule their work as they see fit. As a passenger, Uber and Lyft will most likely raise the costs of the fares to deal with the higher costs.

Ignorant Bill Harms the US Economy

Perhaps in the world of daydreamers and the delusional, everything could be fair to everyone, but the reality is that those who work as independent contractors will most likely lose their job because of this bill. Not to mention, the enforcement of this law will be difficult for regulators because of how you have a range of obstacles. Without enforcement, they will still have a difficult time making this a reality.

Employees Cost More

Experts give an estimate of a 30 percent higher cost to workers who classify as employees over independent contractors, and that's why many businesses can't afford to keep them on. This means that Uber and Lyft could have to pay millions of dollars more every year. The cost-shaving measures could get accelerated if AB5 remains in place, and the company has already laid off 800 employees because of AB5. While raising the prices could help to offset some of the costs, it will also mean that fewer passengers will choose to ride with the app.

The Biggest Victims

Lorena Gonzalez has harmed thousands of people with the passing of AB5. The biggest victims don't come from the corporations, but it comes from the people who previously had a job. If more drivers get laid off because of this law, it will mean that they have fewer rights because they couldn't be afforded to be kept on. Not to mention, the American dream has always been one where we have a right to choose our type of work. With the passage of AB5, many workers will lose their right to choose their hours, and they will have to work as employees under the new law.

With the passing of AB5, an era of cheap rides in the city may soon come to an end. Even people in other states have begun to pay attention to this frightening law because of how it guts your freedom to work as you wish, and it could even mean a potential loss of income. The consequences of this bill could be huge considering how the gig economy is worth approximately $455 billion in total. This bill will make it harder for businesses in general, which is why we have to fight this on a broad level for everyone who has been affected.

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Uncategorized https://www.lawresolution.com/blog/how-ab5-affects-uber-and-lyft/ https://www.lawresolution.com/blog/how-ab5-affects-uber-and-lyft/ Editor Tue, 25 Feb 2020 23:39:19 -0500
The Process of Appealing a Medicare Decision Medicare is the primary insurer for most seniors, and for the most part, people are very satisfied with their Medicare coverage. Sometimes, however, Medicare gets it wrong—they deny a service you’re pretty sure they should cover.

It’s frustrating when you think Medicare made a mistake, but you’re not without options. You have the right to appeal any decision made by Medicare, Medicare Advantage, or your Medicare Part D Prescription Drug Plan.

What Medicare decisions can I appeal?

Technically, any coverage decision made by Medicare or your Medicare Advantage or Part D plan can be appealed, whether they happen before or after a service is received. For example:

  • You visit the doctor for a routine wellness check and he decides to run some blood tests. Medicare pays for the doctor’s visit but denies the blood work because they didn’t think it was medically necessary.
  • Your doctor orders a lift chair but Medicare won’t authorize payment for the device.
  • You visit an urgent care center while you’re traveling and your Medicare Advantage HMO denies payment because the provider isn’t in the plan’s network.
  • Your Part D plan won’t pay for a more expensive brand-name medication even though your doctor believes the generic medications won’t be effective for your condition.

How do I appeal a decision by Original Medicare?

You have 120 days after you receive your Medicare Summary Notice to file your initial appeal. You can either download and print the Medicare Redetermination Form or write your appeal on a piece of paper.

Explain clearly why you believe Medicare should pay for the item or service. Ask your doctor to write a letter to support your appeal. Include any additional information you think might help Medicare better understand the situation.

If you don’t use the Medicare Redetermination Form, make sure you include your name, Medicare ID number, and phone number on your written response. Mail your paperwork to the address at the bottom of your Medicare Summary Notice—and remember to make copies of everything for your files.

If Medicare doesn’t reverse its decision, you can request a “reconsideration,” which is the second level of appeals. The instructions for filing are included in the notice you receive from Medicare.

You can escalate your appeal to an Administrative Law Judge and even federal court if the disputed amount is above a certain level. Instructions for escalating to the next stage are included on your notice from Medicare.

How do I appeal a decision by my Medicare Advantage plan?

Even though Medicare Advantage plans are administered by private insurance companies, you don’t lose any Medicare rights, including the right to appeal a coverage decision.

Most plans allow you to initiate an appeal online from your member account. If you don’t have an online account, contact the member services department. They will be able to help you file an appeal.

If your plan doesn’t decide in your favor, you have the right to request an independent review. From there, you can also escalate to an Administrative Law Judge and the federal courts if the disputed amount is high enough.

How do I appeal a decision made by my Part D prescription drug plan?

Part D plans are administered by private insurers, so you should consult your plan booklet or online account to see how to handle complaints about your drug coverage.

If your doctor orders a prescription that isn’t on your plan formulary, or list of covered medications, your doctor can call the plan and request an exception, as long as you haven’t already filled the prescription.

Once you buy the medication, you need to file your request in writing. If it’s approved, you’ll be reimbursed for the covered portion.

Part D plans have seven days to respond to a request for an exception. However, if your doctor believes your life is at risk if you don’t get the medication, he can request an expedited decision.

If your plan doesn’t approve the exception, it will notify you in writing. Instructions for escalating your appeal to the next step will be included with your notice.

Where can I get help filing an appeal?

Your State Health Insurance Assistance Program (SHIP) is a great resource for help with Medicare issues. Although you aren’t required to hire a lawyer to file a Medicare appeal, you may want to get professional advice, especially if the amount of the claim is significant.

Danielle K. Roberts is a Medicare insurance expert and co-founder at Boomer Benefits, where her team of experts help baby boomers with their Medicare decisions nationwide.

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Uncategorized https://www.lawresolution.com/blog/the-process-of-appealing-a-medicare-decision/ https://www.lawresolution.com/blog/the-process-of-appealing-a-medicare-decision/ Editor Wed, 05 Feb 2020 08:59:59 -0500
What to Do if a Police Officer Asks You to Take a Breath Test in a DUI Case Getting stopped by a police officer for DUI is never a circumstance that a person plans for. The presence of a police officer can certainly be very intimidating and a person is never quite sure how to handle the situation. Certainly, after the fact a person is able to reach out to a DUI lawyer and have him or her give guidance in the process. But what about the decisions that one must make on the side of the road? Should a person agree to provide a breath sample?

Implied Consent

When a person is issued a license to drive in most states, he or she implicitly grants permission for a law enforcement officer to obtain a sample of his or her breath in order to determine his or her level of intoxication and blood/breath alcohol content. This is the case under the law of most states as well as federal law. The practical effect of this is that the government can punish a person for the refusal to provide a breath sample. The punishment usually involves a lengthy suspension of a person’s license to drive, and in some states, an additional steep civil penalty or fine. This downside must be balanced against potentially highly criminal evidence being provided by way of a breath sample. The DUI lawyers at our firm have often seen breath alcohol tests as high as .35. As one can guess, if a person’s breath alcohol level is going to be extremely high, it may be better to simply refuse the test. If a person realistically believes the test can be passed, it is better to provide a sample.

A Warrant for a Blood Test

If a driver refuses to provide a breath sample at the request of a police officer, it may be the case that the officer will seek a warrant from a judge to draw a blood sample for testing. In such circumstances, a person cannot lawfully refuse or prohibit the officer from drawing the sample. The sample will be taken by a blood tech, phlebotomist or sometimes an EMT. A warrant for a blood test is not the preferred way of obtaining a sample by law enforcement. This is because obtaining a warrant often takes more paperwork and delay in a case.

Different Types of Breath Alcohol Tests

Drivers are often surprised that there are two different breath alcohol tests that can be given to a suspected impaired driver. There is the portable breath test (or PBT) and the stationary test that is given once a person is arrested and brought to the police station. The PBT is typically not admissible in court because it does not include scientifically reliable protocols and technology to make it sufficiently accurate. The test is usually given by a police officer to assist in making a rough estimate about a person’s breath alcohol content. In most states a person has a right to refuse a PBT, although the fact of the refusal may potentially be considered in court. The second type of test, i.e. the stationary instrument, is done at the police station itself as opposed to on the side of the road. This test is usually obligatory, and the refusal of which is generally grounds for the suspension of one’s license to drive. A breath test in a stationary device is usually preceded by an “observation period” where the officer insures that an individual does not put anything in his or her mouth for 15 minutes prior to the test. During this period at the police station, and officer will often allow the person to make a phone call. This is usually a good opportunity for a person to reach out to a DUI attorney if that is possible. Contact Spokane DUI lawyer Steve Graham for more information on breath tests.

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Uncategorized https://www.lawresolution.com/blog/what-to-do-if-a-police-officer-asks-you-to-take-a-breath-test-in-a-dui-case/ https://www.lawresolution.com/blog/what-to-do-if-a-police-officer-asks-you-to-take-a-breath-test-in-a-dui-case/ Editor Mon, 03 Feb 2020 02:49:27 -0500
Going through a Divorce in Illinois…Can I Sell the House? Home ownership is huge.  One of many married couples most memorable accomplishments.  However, selling a house is huge, too.  Especially, during a divorce in Chicago.

For most, a couple’s biggest asset is their home.  As such, the title and a mortgage is usually shared by the couple.  This often becomes a bone of contention in a divorce.   Going through a divorce can be emotionally taxing and attitudes may flare.

After being unhappy for a period of time, one party usually moves out of the home.  When separation is ripe, arguments may arise over who is going to stay in the house and who is going to pay the mortgage.  Whichever party stays in the house will be expected to make mortgage payments, while the other may not be required to pay for any costs associated with the home while not living in the home.  Neither party may jump to sell the home alone.  Selling the marital home will always be a joint project.

This type of situation can go on for at least two years.  Just imagine the emotional turmoil.   Couples can avoid this by filing a motion to sell the marital residence.  Illinois statute allows a court to make judgments affecting the marital property, and may enforce such judgments by ordering a sale of martial property, with proceeds therefrom to be applied as determined by the court.” 750 ILCS 5/503(i).  Of course, if the home is not deemed to be marital property, this doesn’t apply and the home can be sold whenever by the rightful owner.

To expedite the process, if either party wishes to keep the home, that party would need to offer a settlement shortly after the motion is filed.  When both parties want the home, the home will usually be sold and the profits divided. 

When a couple can’t agree, the court will appoint a real estate agent to sell the home.  If it’s possible for both parties to agree on a realtor and selling the house, you should check out a qualified local realtor.  Realtors should offer superb services and handle these situations with care.  The court will likely also decide how the home will be sold to ensure the process doesn’t take an extravagant amount of time.  After the sale of the home the proceeds will be held until the final division of marital assets is made.

If you have questions about selling your marital home during a divorce call a Chicago divorce attorney today for a free consultation.

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Uncategorized https://www.lawresolution.com/blog/going-through-a-divorce-in-illinoishellip-can-i-sell-the-house/ https://www.lawresolution.com/blog/going-through-a-divorce-in-illinoishellip-can-i-sell-the-house/ Editor Sat, 01 Feb 2020 22:16:00 -0500
Illnesses Covered by The Disability Discrimination Act? Disability discrimination occurs when someone is treated less well or placed in a disadvantageous position because of a reason that is related to their disability. Discriminatory treatment can be the application of a specific rule/policy or the existence of physical or communicative barriers that reduce the accessibility of something that is accessible to everyone else. For discriminatory treatment to be considered unlawful, it does not necessarily have to be intentional.

Types of disability discrimination

Discrimination can be categorised into various types and applications of discrimination. We will go through these below;

1. Direct discrimination 

A disabled person experiences this kind of discrimination when they are treated worse than someone who does not have a disablilty in the same situation. 

2. Indirect discrimination 

This happens when an employer has a specific way of working or a policy that has a heavier impact or is different for disabled persons. This kind of discrimination is considered unlawful unless the employer has a reason as to why they are using such a policy.

3. Failure to make reasonable adjustments

The equality act states that organisations and employers should make reasonable adjustments to ensure that people with disabilities enjoy the ease of accessibility to various services and resources just as a person without disabilities would. 

4. Harassment

This occurs when someone is treated in a way that makes them feel humiliated, degraded, or offended. A good example of this is when an employee is frequently called names or sworn at within their place of work because of their disability. 

Harassment is never justifiable. However, you cannot sue an employer or organisation if they prove that they did everything they were capable of doing to prevent the harassment from taking place. Nonetheless, you are able to sue the harasser for bad treatment if this action is needed. 

5. Victimisation

Someone feels victimised when they are treated in a bad manner just because they made a discrimination complaint under the equality act. Victimisation can also occur when you support an individual that has filed a discrimination complaint. 

Here are some good examples:

  •   An employer threatens to dismiss a disabled employee if they fail to withdraw their disability discrimination complaint. 
  •   An employer threatens to sack an employee because they think that the employee is supporting their colleague’s complaint of discrimination. 

What counts as a disability?

Most people think that some conditions such as autism and others are not covered under the equality act, but the truth is that they are. According to section 6 of the 2010 equality act, someone is disabled if:

  •   They have a mental or physical impairment
  •   The individual’s impairment has for a long time had an adverse effect on their ability to carry out daily activities

There are some impairments that are automatically recognised as disabilities. These impairments include but may not be limited to:

  •   Cancer (growths must be removed before they become cancerous)
  •   HIV infection (even without any symptoms)
  •   Multiple sclerosis
  •   A visual impairment (someone who is certified as blind, sight impaired, severely sight impaired, or partially sighted) 
  •   Long-term disfigurements that are severe, such as skin disease or severe facial scarring

Conclusion

The above is everything you need to know about the 2010 equality act and how it covers those with disabilities. It is recommended that you seek professional assistance if you are not sure whether your impairment is long term or substantial. That way, you can come up with a plan that should make it easier to live a comfortable life.

If you would like to find out more about disability discrimination or you have been involved in discrimination, get in contact with Oxford Employment Law Solicitors and see how we can help you. To contact them visit their contact page or phone on 01865 487 136.

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Uncategorized https://www.lawresolution.com/blog/illnesses-covered-by-the-disability-discrimination-act/ https://www.lawresolution.com/blog/illnesses-covered-by-the-disability-discrimination-act/ Editor Fri, 31 Jan 2020 07:35:35 -0500
What a Private Investigator Can Do For Your Business

Contrary to what’s portrayed on television detective shows, private investigators do much more than sit in their cars and follow people around all day.

These are highly trained individuals, often with backgrounds in both the military and law enforcement. They have skill sets that range from simple surveillance all the way to first class security techniques and even special on-line investigative talents.

Many private investigators make their living simply by taking on jobs requested by individuals and the courts, but the majority have at least a few business clients as well. The majority of PI's do keep busy proving infidelity, but there are a number of other things they can do.

So having a well regarded, licensed private investigator on retainer, or at least on your private phone list, is always a good idea.

These highly trained and competent individuals can help you in many ways, including:

Background Checks

In regards to personnel decisions, private investigators can look into any person or persons you’re thinking about hiring for your company.

These types of cases generally involve criminal and civil record searches, bankruptcy filings, credit reports, driving records and more.

The type of investigation required will likely depend on the importance of the job that’s under consideration, but it’s always a good idea to know the type of people you’re hiring before putting them into any real positions of authority.

Surveillance

This can involve many different methods and techniques, again depending on the needs and wants of the employer.

Perhaps an employee’s filed a disability claim and you suspect he or she may be embellishing the truth. Hire a private investigator to follow the person around and determine for sure what’s going on.

You can even hire an investigator to go undercover in your place of business and conduct surveillance, to be sure your employees are doing the jobs they’ve been hired to do.

Secret Shoppers

If you run a retail establishment, you know first hand that your employees are going to be on their best behavior whenever you’re on site.

But if you really want to know how they’re doing in terms of customer service, hire a private investigator to visit your place of business. He can interact with your employees and determine what kind of service they’re giving to your customers.

Collections/Repossessions

This is a job that many simply don’t want to do. So instead of training one or more of your employees to do this unpleasant task, why not just hire a private investigator to do the dirty work for you?

Investigators can assist you in recovering bad debt, in accordance with the law. They can also help you in recovering vehicles, equipment and more, as long as all legal paperwork is in place ahead of time.

Courier Services/Serving Documents

If you need documents delivered from place to place, private investigators are a good option for this type of work. They can even transport employees and clients, if needed.

Additionally, many private investigators are licensed and can legally deliver court documents to other parties in a lawsuit. If this type of service is needed, a licensed and professional private investigator is almost certainly your best option.

Termination Services

If you need to fire someone and you’re worried it might not go well, you could have a private investigator on site to ensure that the terminated employee is removed from the premises without incident.

They can even accompany the employee home to retrieve any company documents or equipment, if necessary.

Security Checks

If you want an impartial evaluation of your company’s security systems, private investigators have the training and the abilities to professionally and thoroughly conduct these types of services.

They can check your surveillance system, be sure all doors are properly secured and even conduct interviews or evaluations of employees you suspect might not be what they claim to be.

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Uncategorized https://www.lawresolution.com/blog/what-a-private-investigator-can-do-for-your-business/ https://www.lawresolution.com/blog/what-a-private-investigator-can-do-for-your-business/ Editor Fri, 31 Jan 2020 06:16:52 -0500
5 Reasons a Personal Injury Consultation is Critical After an Accident You’ve seen the amped-up ads on TV and radio. You’ve heard the jokes about personal injury lawyers being ambulance chasers. But, it turns out, consulting an expert after an accident is a really, really good idea. Why?

The right personal injury lawyer will take the time to understand your situation and present you with real options based on their training and experience. Whether you were hurt in a car accident or experience a traumatic injury in a boat accident, your next step after seeking medical attention should be to contact an experienced personal injury attorney.

1. You’re Not Prepared for This

Nobody plans to be in an accident. How many times have you heard people hurt in a car crash say: “They came out of nowhere!”

You’ve experienced serious trauma. Do you really think that you’re in your best frame of mind to make life altering decisions?

When I meet with accident victims I do not charge a fee for the consultation. Why? My number one priority is ensuring you get real answers after your accident. If I think I can be of service, I’ll lay out your options. And even if I can’t help with your specific situation, I’ll still provide as much information as possible so that your family can make good decisions during this difficult time.

Remember that experienced personal injury lawyers have attended law school and helped other families in similar circumstances before. I know the ropes and will provide you with better advice than any google search because I can apply my knowledge to the specific facts of your accident.

2.  Your Family’s Financial Future is on the Line

Your injuries may prevent you from returning to work. Even if you’re able to return, you may not be able to do the same work as before. The best case scenario is that you miss a few weeks from work while you recover.

Is your family ready to absorb the lost income from missed time at work? What if you miss more time or have to take a pay cut to remain gainfully employed?

Do you know if there are long-term injuries associated with your accident? Many of these injuries do not become apparent until months or even years after your accident.

You need an advocate that understands the potential short and long-term costs of your accident. Otherwise, you might accept way less than you need to make up for the financial difficulties ahead of you.

3.  The Insurance Company Knows More than You

When you pick up the phone and talk to an insurance adjuster, you are stepping onto their turf. They have dealt with thousands of claims.

State Farm likes to say: “We know a thing or two, because we’ve seen a thing or two.”

This is doubly true for the people you talk to when you file a claim on your own. STOP! Don’t talk to the insurance company before you consult a personal injury attorney. You can’t afford to accept less than the full-value of your personal injury claim - even if they do promise to pay you quickly in cash.

The waiver you sign when you accept a cash settlement on your claim may prevent you from seeking additional compensation if your medical expenses or lost income is more than anticipated.

4. The Consultation is Normally Free

Different personal injury firms have different policies. The May Firm, where I am a founding partner, does everything in our power to minimize out-of-pocket expenses for our clients.

A high-quality personal injury attorney will meet with you for free. They will travel to meet with you (within a reasonable distance from their law office). They will listen to your side of the story and review any information you have. Then they will outline your options.

Even if they can’t handle your case personally, they should provide you with some general advice based on the specifics of your accident. This can be invaluable when dealing with the insurance company and the people responsible for your injuries.

5. Legal Fees are Only Collected After You Win

When a reputable personal injury lawyer agrees to represent you, they will present you with a contingency fee agreement. Normally the law firm is paid a percentage of the funds they recover.

A contingency fee agreement empowers you to access the best legal representation possible, without worrying about upfront legal fees.

Some law firms, like ours, will help connect you with physicians and treatment specialists that agree to see you without charging an upfront fee. They will be paid from the proceeds of your personal injury claim.

You and your family need access to all the resources available to you after an accident. This is a difficult time and you shouldn’t let the insurance company take advantage of you by pressuring you into a low-ball settlement that fails to cover all of the short and long-term costs from your injuries.

Filing a personal injury claim can be a complex process. If it seems too easy, you’re probably being taken for a ride. Seriously, hit the brakes and talk to an expert before you sign anything. Your family’s financial future may depend on it.

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Uncategorized https://www.lawresolution.com/blog/5-reasons-a-personal-injury-consultation-is-critical-after-an-accident/ https://www.lawresolution.com/blog/5-reasons-a-personal-injury-consultation-is-critical-after-an-accident/ Editor Sun, 26 Jan 2020 22:36:10 -0500
Claiming Workers’ Comp Benefits: When Do You Need to Hire a Lawyer? Generally, you do not need to hire a lawyer when claiming your workers’ compensation benefits. You can do this all by yourself.

The process is really quite simple: you report your injury, file the necessary forms, complete your medical requirements, then once everything is settled, wait for your employer to give you your benefits.

However, while the process is not simple, it is not always easy. In some cases, your claim will be questioned or even denied altogether. And even if you got your claim, it is possible that you are not receiving the correct amount of benefits. In these instances, it is best that a lawyer will help you in your claim and represent you in your interest.

If you are wondering when to hire a lawyer, here are 6 instances when hiring a lawyer is preferable or even recommended.

Your claim is denied

If your claim is denied, and you think that your claim is valid, then it is time to hire a lawyer to represent your case. But, it is important to know some reasons why your employer may deny your claims. Here are some of the reasons:

  • You filed late
  • You have no witnesses
  • Your injury is not work-related (at least, that’s what they think)
  • You have an illegal substance present in your body according to your medical records
  • Your accident form and medical records don’t match

So, review your case first before hiring a lawyer. You can also request a free consultation with a lawyer – usually this happens within 30-40 minutes – so you can assess if you have a winning case, and if you need to hire a lawyer or not.

You think you are not receiving the correct amount of benefits

If you are thinking that you are receiving the correct amount of benefits, or if you simply wonder if you can get more from your workers’ comp benefit, then hiring a lawyer is preferable because he/she can assess your case on whether or not you are not receiving the correct amount of benefits.

You think you are incapable of working on any job after you got injured

In these situations, your employer should give you vocational rehabilitation (aside from medical benefits) so that you can learn new skills and be employed in a new job role. If they didn’t provide you the necessary vocational rehabilitation, you will need a lawyer to raise your case.

Your injury is moderate to severe (and may require surgery)

There is fine line between getting injured and getting severely injured. Typical injuries require just enough of medical treatment, and you should be fine after a certain period of time. And for the most part, your employer is willing to help you with that.

But if your injury severe (regardless if it requires surgery or not), your employer may not provide you the required benefits because it is costlier than the average injury.

A workers’ comp lawyer will help you secure your interest by making sure you get the ample treatment from your employer.

You would like to dispute your employer’s or his/her insurance company’s decision

Disputing your employer or his/her insurance company’s decision is a highly legal matter. It is important you have a lawyer by your side in these situations.

You are simply not comfortable in filing your workers’ compensation alone

As you can see, you do not even need a solid reason to hire a lawyer. If your reason is as simple as you’re not comfortable, then by all means, hire a lawyer who can help you!

Quick Tip: Free Consultation

Regardless of the circumstance, it is important you ask for free consultation from your lawyer before hiring him/her. In this free consultation, your lawyer will assess your case and will advise you on whether hiring a lawyer is suitable for your case or not.

In case you need a lawyer, LG Law Firm have the best, experienced and trusted workers’ compensation and work injury lawyers who can help you with your case.

If you need more legal information, we recommend you check out LegalFacts.org. They publish quality articles with the aim of helping people get educated on legal concepts by simplifying such concepts.

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Uncategorized https://www.lawresolution.com/blog/claiming-workers-comp-benefits-when-do-you-need-to-hire-a-lawyer/ https://www.lawresolution.com/blog/claiming-workers-comp-benefits-when-do-you-need-to-hire-a-lawyer/ Editor Mon, 20 Jan 2020 23:06:42 -0500
How to get the most from a truck accident claim If you are like most car drivers, you keep your distance from trucks. They are large and powerful vehicles that do not move and manoeuver as cars do. Truck drivers must go through a rigorous training and qualification process before they are allowed on the road. Most of them are safety conscious and are aware of their responsibility to other drivers. However, this is not always enough to prevent a truck accident. Other factors can contribute to increasing the risk of a collision. And if you have been injured in such a crash, you should enlist the help of a truck accident lawyer.

Why You Should Seek Compensation After the Accident

Few people walk away from a truck accident unharmed. Even if you were not involved in a head-on collision with an 18-wheeler, the force and power of trucks tend to crush cars or throw them off the road or send them crashing into other vehicles. It is the kind of accident that will cause injuries that can only be treated in a hospital.

Truck accident injuries can include facial lacerations, broken bones, head injuries, spinal cord injuries, and internal bleeding. Such injuries require extensive and complicated treatment regimens, including multiple surgeries. You may also need to undergo a prolonged rehabilitation period and spend even more time on medication.

The medical bills from a truck accident can be overwhelming. If you are like most people, you will not have enough money to pay the expenses accumulated while in hospital. You will also be financially handicapped by the fact that you cannot work. This combination of factors can put tremendous stress on you and your family.

The best response to this situation is to contact a truck accident lawyer.

When you are feeling better, your lawyer will sit down with you and take down the details of the accident that you recall. You need not remember everything. The lawyer needs just enough information to get a sense of what happened. They will gather the remaining facts through their own investigation.

If it is clear that the truck driver was at fault for the accident, your attorney will present you with a range of options to get compensation. You should work with your attorney to pursue one of them. The accident was not your fault, you were severely injured because of it, and someone should be held accountable for what you have had to endure. These are reasons enough to seek compensation after the accident.

Who Should Be Held Responsible?

In the end, you will not get money from the truck driver, but from the company they work for. Trucking companies are liable for driver accidents. It is often the case that truck accidents are not caused by driver negligence but by the unethical and illegal conditions they are forced to work under.

Most states mandate that drivers must have a period of rest after a certain amount of time on the road. In the name of profit and greed, many trucking companies give their drivers every incentive to break these rules. Companies who engage in this kind of exploitation should be made to pay.

Maximizing Your Settlement

The aim of your lawyer will be to maximize the amount of money you get from the truck company. In order to do this, they will need complete control of the case. You should not do anything that will undermine their work.

You should speak to an attorney as soon as you can. Evidence can vanish. The longer it takes for you to contact a lawyer, the harder it will be for your attorney’s private investigation and accident reconstruction teams to gather the facts needed to prove how the accident unfolded. There are also important deadlines to meet. If you are forced to file a lawsuit to get money, you must do so before the statute of limitations expiration date.

You should also refuse any settlement offer made to you by an insurance company. The truck company will want to wrap the matter up quickly. To this end, they may instruct their insurance company to offer you a low-ball settlement. With bills piling up, you may be tempted to take the money. You should resist this inclination. In fact, you should refer all inquiries by insurance companies to your attorney. They are best placed to know whether an offer is serious. You should also give all documents sent to you to your attorney. Don’t sign anything without consulting with your lawyer.

Your lawyer will determine the value of your settlement claim by speaking with your doctors about the extent of your injuries and prospects for recovery and talking to you about the income you will be deprived of. They will come up with a dollar figure that they will then take to the trucking company. It may not be necessary to sue them. If the company is willing to negotiate a sum of money that is near enough to your demand, then the matter can be concluded without a lawsuit. However, if the company refuses the demand outright or stalls for time, then your lawyer will advise you to file a lawsuit.

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Uncategorized https://www.lawresolution.com/blog/how-to-get-the-most-from-a-truck-accident-claim/ https://www.lawresolution.com/blog/how-to-get-the-most-from-a-truck-accident-claim/ Editor Fri, 20 Dec 2019 21:49:59 -0500
3 Steps of Filing a Birth Injury Lawsuit Birth injury malpractice lawsuits can be based on a wide variety of causes. Conditions such as cerebral palsy and Persistent Pulmonary Hypertension of the Newborn can result from a difficult birth or because of negligence on the part of a medical practitioner. What can make birth injury cases more complicated is that often there is a lapse between when the injury occurs and when it is finally recognized and diagnosed.

Hiring an Attorney

The first step in filing a birth injury lawsuit is hiring a birth injury lawyer. Attorneys may specialize in specific types of birth injuries or in birth injury cases in general. An attorney can help you review medical records and gather evidence to determine if filing a lawsuit is the best option. Your attorney will assist you with working within the statute of limitations.

Those statutes vary widely from state to state, especially in cases involving minors. Most states have some window of time after the injury is discovered. This can range from two to ten years. Some states limit filing on behalf of a minor to a specific age. In Virginia, minors below the age of eight have until their tenth birthday regardless of the date of the injury.

This can be crucial in the case of birth injuries. As soon as the damage is discovered is when the statute of limitations begins. If you don’t act during that time, your window to file a birth injury lawsuit has closed. A birth injury lawyer can advise you on the best way to move forward, given the laws in your state.

Discovery Process

Once a lawsuit is filed, the next step is to work with your attorney to review medical records and gather evidence. Your attorney and lawyers representing the physician or medical practice are required to share evidence with each other. This process is called discovery. It can take some time to complete, but once it is finished, both sides have a complete picture of the case. You will have a better idea of your chances of winning.

Settlement or Trial

This is where the possibility of negotiating an agreement comes into play. That process can continue right up until a case goes to trial. If a settlement is reached ahead of time, then the trial is unnecessary. 

However, when you’re negotiating a settlement in a birth injury case, there are a lot of considerations. You must take into account the cost of any medical treatments your child might require while they are a minor, plus consider the future. Is the birth injury to the extent that your child will require lifelong care that might extend beyond your own life?

Such questions need to be taken into account as you work with an attorney. Whether there is a settlement or a trial, in a birth injury case, there are usually trusts or annuities established to make sure that the child receives benefits that extend into adulthood, if necessary.

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Uncategorized https://www.lawresolution.com/blog/3-steps-of-filing-a-birth-injury-lawsuit/ https://www.lawresolution.com/blog/3-steps-of-filing-a-birth-injury-lawsuit/ Editor Fri, 13 Dec 2019 09:09:30 -0500
The Dangers of Aggressive Driving Delays caused by traffic congestion, roadwork, or other issues are an unavoidable part of modern life. Unfortunately, some drivers allow their annoyance and frustration to affect their driving, resulting in dangerous, aggressive behaviors that can easily lead to serious accidents. Fortunately for people who are injured by aggressive drivers, a car accident lawyer can often help them recover compensation for their accident-related losses.

What Is Aggressive Driving?

The National Highway Traffic Safety Administration (NHTSA) defines aggressive driving as  “any combination of traffic offenses or general behaviors that endanger persons or property.” There are a wide variety of behaviors that can constitute aggressive driving, some of which may also qualify as traffic violations. Some of the most common forms of aggressive driving include the following:

  • Speeding
  • Following too closely
  • Sudden lane changes and weaving in and out of traffic
  • Gesturing or shouting at other drivers
  • Blocking traffic
  • Unnecessary honking
  • Cutting other drivers off and then slowing down
  • Blocking other drivers from passing
  • Running red lights
  • Improper turns

Aggressive Driving Puts Everyone on the Road at Risk

These and other examples of aggressive driving put everyone on the road at an increased risk of involvement in an accident. When aggressive driving causes collisions, it can result in serious injuries to everyone involved, not to mention significant damage to the vehicles involved. Some of the more serious injuries that people can sustain in wrecks caused by aggressive drivers include:

  • Broken bones
  • Traumatic brain injuries
  • Burns
  • Spinal cord injuries
  • Serious soft tissue injuries

In many cases, people who are injured in accidents caused by aggressive drivers are unable to work for months or even years, resulting in lost income and opportunity. In the most serious cases, victims will never be able to work again and may require around-the-clock care and assistance, resulting in a lifetime of economic and non-economic losses. For this reason, it is critical that anyone hurt in an accident caused by an aggressive driver protect their legal rights by retaining an experienced car accident lawyer to represent them as soon as possible.

Aggressive Driving is Bad for Your Health

While it may seem fairly clear that aggressive driving can cause serious accidents, it may come as a surprise that it can also have a negative impact on your health. A 2016 study linked aggressive driving with heart disease, anxiety and stress, and high blood pressure. For this reason, it’s in your best interest to avoid getting angry and frustrated behind the wheel, even if your actions do not lead directly to an injury-causing accident. Some of the things you can do to avoid aggressive driving include:

  • Give yourself plenty of time to get to your destination
  • Do not engage with other drivers showing signs of aggression
  • Practice defensive driving techniques
  • If necessary, pull over so that you can calm down

Protecting Your Legal Rights after an Accident with an Aggressive Driver

In the event that you an aggressive driver causes an accident that results in damage to your vehicle, injuries, or both, there are certain steps that you should take to protect your legal rights. Here are 4 of the most important:

  • Call the police. If they determine that the aggressive driver committed a traffic violation, it can make your claim go much more smoothly.
  • Seek medical attention, even if you do think that your injuries are particularly serious. It’s critical to have an official medical records detailing your injuries in order to recover compensation.
  • Do not discuss your case with the other driver’s insurance company. The things you say could be used against you to justify lowering your settlement offer.
  • Contact a car accident lawyer as soon as you can.
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Uncategorized https://www.lawresolution.com/blog/the-dangers-of-aggressive-driving/ https://www.lawresolution.com/blog/the-dangers-of-aggressive-driving/ Editor Mon, 25 Nov 2019 22:04:41 -0500
How to beat your OWI, DUI, or drunk driving charge. In every state it's called something a little different.  But if you're caught drunk driving you're likely facing something called an OWI, OUI, DWI, DUI, or plain old drunk driving charge.  In Wisconsin, we refer to drunk driving charges as operating while intoxicated (OWI) or driving under the influence (DUI).

No matter what the charge is called, drunk driving cases are generally approached the same way.  Drunk driving and criminal defense attorney Matthew Meyer, of Meyer Van Severen, S.C. explains strategies we typically use to attack drunk driving charges.  With these strategies and an aggressive defense attorney, it's sometimes possible to completely beat your drunk driving charge.

  1. I wasn't driving the vehicle.  (Or, I wasn't operating the vehicle.)

This sound like an easy one, doesn't it?  The average citizen is frequently shocked when they learn that drivers are frequently arrested for OWI by simply sitting in the driver seat of their vehicle.  In Wisconsin, operating a motor vehicle while under the influence of an intoxicant or other drug is prohibited by section 346.63 of the Wisconsin Statutes.  That law makes clear that "no person may drive or or operate a vehicle while" any of the following occur:

  • The defendant is under the influence of an intoxicant; or
  • The defendant has a detectible amount of a restricted controlled substance in his blood; or
  • The defendant has a prohibited alcohol concentration.

Driving and operating are requirements for the charge.  Drive means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.  Operate means the physical manipulation or activation of any controls of a motor vehicle necessary to put it in motion.  Frequently operate refers to putting the key into the ignition of the vehicle and turning it.  That's a control necessary to put the vehicle in motion.

You drank too much.  You are sitting in the front seat of your car.  But the keys aren't in it.  Are you committing a crime?  Hopefully you recognize the easy answer here: no.  But the cops aren't going to just assume you're innocent.  They're going to ask you how you got there.  They're certainly going to assume you drove.  And if you admit to driving the vehicle there, you'll be on the hook for some questioning.

  1. The officer didn't have a good enough reason to stop me.

Police need a reason to stop your vehicle.  That reason is probable cause to believe that a crime is occurring, or reasonable suspicion to believe that the driver may be involved in the commission of a crime.  

Probable cause refers to the "quantum of evidence which would lead a reasonable police officer to believe" that a traffic violation had occurred.  Johnson v. State, 75 WIs.2d 344, 348.  Put another way, it requires "the information lead a reasonable officer to believe that guilt is more than a possibility."  Id.  There's certainly an easier way to analyze this.  The cop has reasons to support the belief a crime occurred.  You're speeding.  That's an offense.  He objectively measures your speed.  And then he stops you.  Prior to the stop, he had probable cause to stop you for speeding.

Reasonable suspicion is a lower burden.  When law enforcement lacks probable cause to arrest but has reason to believe an individual may be committing a crime, the officer may stop the individual for questioning.  State v. Washington, 120 Wis.2d 654, 660.  To support reasonable suspicion, law enforcement must have "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion."  Wendricks v. State, 72 Wis.2d 717, 723.  This is certainly a lower burden.  Law enforcement doesn't need to show that a crime is probably occurring.  They need to show that it looks like one is.  And that's certainly easier.  For example:  you were weaving in your lane; it was 2:30 a.m.; you were in a bar district.  Certainly none of those factors are crimes, but taken together they may show reasonable suspicion.

  1. The officer is lying

We'd absolutely prefer for the police to be consistently honest.  Unfortunately, as drunk driving defense attorneys, we're intimately familiar with the inclination of law enforcement to lie.  We've encountered lying officers regarding the following issues:

  • Red, glassy, bloodshot eyes on the driver.  This is one of the frequent signs of intoxication.  And cops love to describe drunk driving suspects this way.  Booking photographs are important.  If the cop saw red, glassy, bloodshot eyes at the time of the stop, they should still be there for booking.  And if they aren't?  We certainly have at least one way to attack the credibility of the officer.
  • The driving was fumbling for his license.  Sometimes this is paired with "the driver refused to comply with the officer's commands."  Let's face it: you're nervous.  Nobody enjoys being stopped by the police.  But there's a difference between being so wasted you can't find your documents and being nervous.  Obviously officers want another reason to claim you appeared drunk.
  • Failing field sobriety tests.  These tests are confusing.  Rather than explain the test thoroughly, officers use confusion as another indication of failure of the test.  Obtaining video of these tests helps us fight that point.

Hire the best drunk driving attorney you can afford.

This point is certainly the most important.  You're not getting anywhere without a good defense attorney.  Even if you can pick up the things we've talked about, you'll be unable to argue them in court.  And unless the argument works, what happened really doesn't matter.  Free forums and blog posts are wonderful.  But without an aggressive mouthpiece, none of those things help your case.

OWI charges carry serious penalties.  Ensure your defense attorney is just as serious.

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Uncategorized https://www.lawresolution.com/blog/how-to-beat-your-owi-dui-or-drunk-driving-charge/ https://www.lawresolution.com/blog/how-to-beat-your-owi-dui-or-drunk-driving-charge/ Editor Sun, 24 Nov 2019 22:47:13 -0500
4 Reasons You Shouldn't Handle a Bankruptcy Case Without a Lawyer Good Bankruptcy lawyers sometimes charge what seems like too much legal fees. And the temptation to pursue such a case without an attorney can be quite strong. But you must not succumb to the temptation because much is at stake. 

According to Ron Chorches of chorchesbankruptcylaw.com  handling such a complicated case unassisted is — in a sense — doing yourself a disservice. 

The following are 4 reasons it's not a good idea to proceed with such a sensitive matter without an attorney.  

  1. You've Never Handled Such a Case Before

Have you ever wondered why employers always go for employees with a certain level of work experience under their belt? It's because of their experience, for the most part, which translates into valuable competence and expertise. 

You, too, should use a lawyer with proven expertise and a high case success rate. 

Imagine you’re being cross-examined by a Harvard-trained attorney with a 90% case success rate. How would that feel? Very intimidating, right? It's just not a good idea to proceed without a seasoned legal expert. 

  1. Complex Bankruptcy Law

It takes years of schooling in some highly respected law schools to become a licensed lawyer. And there's a good reason not everyone becomes one. 

Let's face it: lawyers in general are a smart bunch of professionals, but you should always choose a specialist. If you do that, you'll tap into extensive understanding of the complexities of bankruptcy law. 

Plus, seasoned attorneys know all the precedents of your case. How much do you know about this area of law? 

If you're going to need to scour the web for bits and pieces of bankruptcy law, hire a lawyer instead. It's about you and your life, remember. 

  1. You're Likely Stressed out or Even Depressed

Who wouldn't get stressed out if they learned that they are facing bankruptcy?

You're pondering a million and one things. All these issues are racing through your anxious mind the whole time. And it can get overwhelming, which is where a competent lawyer comes in. Your attorney will worry about the most critical things so you can focus on the rest. Wouldn't that make the situation feel somewhat easier? 

Teach yourself to save money on your own, but when it comes to handling your bankruptcy case make sure to seek legal guidance. Remember: if you go it alone, and anything goes wrong, you can't blame anyone else — you only have yourself to blame. 

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Uncategorized https://www.lawresolution.com/blog/4-reasons-you-shouldnt-handle-a-bankruptcy-case-without-a-lawyer/ https://www.lawresolution.com/blog/4-reasons-you-shouldnt-handle-a-bankruptcy-case-without-a-lawyer/ Editor Tue, 05 Nov 2019 01:29:08 -0500
Hiring an expert and wise personal injury lawyer – Crucial tips to follow Life comes with uncertain moments! There are accidents, mishaps, and other family disasters. Do you want to address and remedy a few of these mishaps and accidents? Then it is essential to count on the skills and expertise of an attorney. It is here that people need to research, browse online, and choose an expert personal injury lawyer.

The relevance of a personal injury attorney

It is essential to appoint a good personal injury lawyer who will provide you all the compensation you deserve. Also, these lawyers will take up your legal case professionally to ensure that you get the required verdict. Additionally, a personal injury lawyer ensures that his/her client’s rights get secured. But you can have access to all these services provided you choose the best personal injury attorney.

The task of choosing the best personal injury lawyer is confusing! Today, the online world is replete with several law firm websites and personal injury attorney sites. You can use the following tips to choose the best lawyer:

  1. Count on the experience

Experience is essential! A personal injury lawyer knows the ways to analyze and investigate a claim. The attorney is aware of the evidence that he needs to check. He knows the evidence that can maximize the chance to get compensation. Every state has its laws about statutes of limitation, negligence, causation, risk assumption, contributory negligence, and other things that are a part of the personal injury case.

When there's a motor accident, the lawyer needs to learn about these aspects. Having a lawyer with experience in a specific injury case is critical. It will enable you to rely on the attorney entirely.

Experience teaches the lawyer the relevance of the venue in case of the mishap or accident. The place of accident is also a critical investigation ground. It is essential to file the slip and fall case at the accident spot. But sometimes, lawyers aren't sure of executing that. It is necessary to choose a lawyer who is well versed in these aspects.

  1. Look for a quality experience

It is essential to delve deep into the lawyer's expertise! For instance, working for several clients in a year might appear impressive. But you need to check the success rate of these legal matters. It is never a smart call to opt-in for a lawyer, who rushes your injury case. That will lessen your chances of winning. That way, the lawyer won't do justice to the time and money you invest in him.

  1. Make sure the lawyer is focused

The hallmark of quality and successful personal injury lawyer is his/her focus. It can impact your case's outcome positively or negatively. A lawyer with the absolute focus can help to improve your case and its impact manifold. With proper focus, the lawyer can find out hidden truths, which act in your favor. It also helps him/her to decide on issues related to causation and negligence. Focus helps a lawyer to work better on your case and present it accurately at the court. It also helps the lawyer to make your case more compelling.

Based on the recent statistics, about 95% of the personal injury lawsuits often get settled much before they reach the court. It's all because the lawyer researched the case with complete focus. It helps him to negotiate for excellent compensation and also a plea for the deserved justice. It can make you win the case.

  1. Reputation matters

Check the lawyer's reputation! You can do that by checking for the testimonials and the online reviews. A lawyer who has a substantial and positive reputation can provide you with increased assurance. It also indicates that he/she is an expert at their job and can manage the personal injury case without any doubt or confusion.

Also, when your case makes it to the court, the judge considers the observation of a reputed lawyer more seriously. The reputation also gets him more clients and good-will. Usually, a lawyer with a good reputation will attend you well and will understand your personal injury case better than other average lawyers. Sometimes, they can also adjust payments and charges based on the urgency of the personal injury case.

  1. The lawyer needs to be objective

Are you seeking compensation for your personal injury case? If yes, then the lawyer needs to be more objective. Sometimes, the lawyer also suggests an out of court settlement to negotiate better compensation. It is essential for the lawyer to never lose focus from his/her client's requirements and the client at hand.

  1. Evaluate the lawyer’s personality

Usually, people, when faced with a personal injury case, are in a hurry to get a lawyer to address and resolve their case. And this rush makes them not consider or assess the lawyer’s personality. It is essential to check the character because it determines how the lawyer would attend them. Even though a lawyer needs to be logical and goal-driven, he needs to be compassionate towards his/her client. There are moments when a client relies on the lawyer for guidance and support. If the lawyer is not humane, then the client might not feel comfortable or safe to share the case details.

That is not all! The lawyer should also have excellent and smart communication skills. And he should also be convinced about the case and provide complete assistance. The lawyer should be present for the client to attend emergency calls. If he/she is caught up with other matters, then they should make it a point to get back within a reasonable time. The lawyer should also maintain proper client and lawyer ethics.

The client needs to understand the payment terms from your lawyer right at the start. If you need to make an advance, you should do it as per the lawyer's service standards. There have been instances where lawyers stopped attending their clients because of miscommunications related to case fees. It will delay your compensation and court verdict. Make sure to follow these tactics to search for the best personal injury lawyer.

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Uncategorized https://www.lawresolution.com/blog/hiring-an-expert-and-wise-personal-injury-lawyer-and-crucial-tips-to-follow/ https://www.lawresolution.com/blog/hiring-an-expert-and-wise-personal-injury-lawyer-and-crucial-tips-to-follow/ Editor Sat, 19 Oct 2019 00:14:02 -0400
The Legal Process of Filing a Personal Injury Claim There are several types of personal injury cases—from car accidents, injuries caused by defective products, workplace-related injuries, slip, and fall, dog bites to medical malpractice among others.  While every personal injury case is unique, there are certain common elements that you can expect to counter as the plaintiff. For instance, you need to understand the legal process of filing a personal injury claim. Without further ado, let’s look at the steps that you need to take to file a personal injury claim.

  1. Understand the Statute of Limitation

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

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

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

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

  1. Hire an attorney

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

  1. Setting Up A Claim

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

  1. Negotiating for compensation

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

  1. Filing a lawsuit

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

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

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

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Uncategorized https://www.lawresolution.com/blog/the-legal-process-of-filing-a-personal-injury-claim/ https://www.lawresolution.com/blog/the-legal-process-of-filing-a-personal-injury-claim/ Editor Wed, 09 Oct 2019 22:46:05 -0400
4 Different Factors That Influence Your Vehicle Accident Claim Compensation There’s an interesting phenomenon driving vehicle accident claims in a country like Singapore. According to the latest numbers from the General Insurance Association (GIA) of Singapore, the motor insurance sector has seen an increase in claims by 11.8%, or $291.3 million, in spite of a 4.3% drop in the number of vehicular accidents reported.

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

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

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

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

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

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

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

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

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

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

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

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Uncategorized https://www.lawresolution.com/blog/4-different-factors-that-influence-your-vehicle-accident-claim-compensation/ https://www.lawresolution.com/blog/4-different-factors-that-influence-your-vehicle-accident-claim-compensation/ Editor Mon, 07 Oct 2019 22:38:38 -0400
Why you should hire a birth injury attorney when medical complications arise What Is a Birth Injury?

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

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

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

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

Why a birth injury lawyer?

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

How to choose a birth injury lawyer!

Know which options are available before you hire one

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

Choosing one

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

Qualifications

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

Seasoned/Has Apathy towards your case

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

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

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

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Uncategorized https://www.lawresolution.com/blog/why-you-should-hire-a-birth-injury-attorney-when-medical-complications-arise/ https://www.lawresolution.com/blog/why-you-should-hire-a-birth-injury-attorney-when-medical-complications-arise/ Editor Sun, 29 Sep 2019 10:44:25 -0400
Why Hire a Personal Injury Lawyer When You Can Pursue Compensation Yourself Here's the thing. You can pursue workers' compensation unassisted after involvement in a work-related accident. But you probably shouldn't go that route. Almost always, it's much better to engage a competent personal injury lawyer right from the get-go. 

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

  1. You're Most Likely Stressed Out

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

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

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

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

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

  1. Need Help with Medical Expenses and Court Costs?

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

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

4 .Insurance Issues

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

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

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

  1. Advice When Making Important Decisions

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

  1. Minimize Chances of Case Dismissal

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

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

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Uncategorized https://www.lawresolution.com/blog/why-hire-a-personal-injury-lawyer-when-you-can-pursue-compensation-yourself/ https://www.lawresolution.com/blog/why-hire-a-personal-injury-lawyer-when-you-can-pursue-compensation-yourself/ Editor Mon, 23 Sep 2019 13:43:37 -0400
Chapter 13 And You: A Journey Of Repayment Bankruptcy can be a difficult process to navigate, as it requires detailed actions in order to ensure a successful outcome. Filing for bankruptcy is best done with the help of a professional bankruptcy lawyer who is able to guide you as you decide if bankruptcy is right for you and then direct you through the individual requirements and conditions of the type of bankruptcy that you best qualify for.

Chapter 13 Or Chapter 7 Bankruptcy

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

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

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

The Process For Chapter 13 Bankruptcy

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

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

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

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

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

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

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

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Uncategorized https://www.lawresolution.com/blog/chapter-13-and-you-a-journey-of-repayment/ https://www.lawresolution.com/blog/chapter-13-and-you-a-journey-of-repayment/ Editor Wed, 04 Sep 2019 16:53:09 -0400