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Why Is Having a Personal Injury Lawyer Important?

Here’s something to think about. What would you do if you got seriously hurt in a car accident or slip and fall accident tomorrow? What would you do if your surgeon botched an operation, leaving you with permanent disfigurement or loss of function? What would you do if a dog bit you? Would you consult a personal injury lawyer or not?

personal injury lawyer

Your answer probably depends on a couple of things. One is how you feel about lawyers in general. The other is whether or not you think you could afford one.  But in all seriousness, hiring a personal injury attorney usually pays off. Keep reading to find out why having one is important.

Experience matters

In California, for example, there is nothing precluding you from representing yourself in a personal injury case. In fact, that may be an option if you aren’t badly hurt and you don’t mind doing your own legal research. It may also be an option if you are concerned about legal fees. 

Keep in mind, however, that you won’t be suing the defendant directly. Instead, you will be suing his or her insurance company. And insurance companies have experienced attorneys dedicated to personal injury litigation. 

Hiring your own lawyer levels the playing field.  Clearly, he or she will be familiar with relevant laws. Just as importantly, he or she will know all of the tricks insurance companies use to minimize their losses.  He or she will also be dedicated to securing the best possible outcome for you, while the insurance company is focused on the bottom line. 

Hiring a personal injury attorney allows you to concentrate on your recovery

If you have been seriously injured in an accident caused by someone else, a personal injury attorney and his or her team will do the “heavy lifting” associated with your case. Depending on the circumstances, they will do additional investigation necessary to build a successful case. This may include gathering additional documents, interviewing witnesses and consulting experts, who may also testify at trial.

Your personal injury lawyer will also draft and file all necessary legal documents. As necessary, he or she will respond to filings and requests for information from the defendant’s attorney and/or insurance company.  

Finally, he or she will try to negotiate the best possible settlement to avoid going to trial. If the matter does go to trial, your lawyer will present evidence and call witnesses to prove your claim.

Hopefully, this will give you much-needed peace of mind during your recovery. With that, you can concentrate on getting better, getting back to work, and being with your family.

A good personal injury lawyer is your best advocate

In addition to doing everything we have detailed, the best personal injury lawyers understand that each client and each case is different. More importantly, they act accordingly.  Specifically, they pay close attention to each client’s unique concerns and needs. 

By listening carefully, and understanding your perspective, a good personal injury attorney can: 

  • Help you understand difficult legal concepts
  • Help you understand your legal options
  • Help ease your fear or anxiety
  • Help you explore different options for resolution of your case, such as mediation or arbitration

As  the lawyers at the Law Office of Parag L. Amin, P.C. can explain, experienced attorneys should understand that recovering from a personal injury accident is a long, difficult process. The lawyers who represent you should also believe that they play an important part in each client’s financial, emotional and physical recovery by providing the best possible legal representation and advocacy.  

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QUIZLET

1. A personal injury lawyer will typically:

A) Conduct additional investigation as needed

B) Refuse to file necessary legal documents

C) Refuse to respond to requests from the defendant’s lawyer or insurance company

2. In most cases personal injury lawyer will

A) Try to negotiate a fair settlement to avoid litigation

B) Represent you at trial

C) A and B

3. A personal injury lawyer can: 

A) Help you understand your legal options

B) Help you explore options for resolution of your case

C) A and B

Sexual Abuse Lawsuits

Sexual Abuse Lawsuits

Sexual abuse lawsuits have been widely discussed in the news for the past 20 or 30 years. These lawsuits present a number of challenges for attorneys who represent the victims of sexual abuse. This blog will discuss some of those challenges.

Sexual abuse litigation came to the forefront of the public eye with revelations that many Catholic Church priests were molesting young boys and the abuse allegations were covered up by the church hierarchy. The Catholic Church has spent millions and millions of dollars to compensate victims and prevent future cases from arising. These cases were challenging in that many of the abuse victims were young at the time of their abuse. Some of the sexual abuse victims did not recall being abused until hypnosis and psychotherapy restored their memory of the abuse. In these cases, the statute of limitations posed a problem, since much of the abuse occurred many years prior to the litigation. Further, controversy surrounded the concept of repressed memory.

More recently, sexual abuse lawsuits have captured the media attention in multiple settings where coaches or team physicians engaged in abuse of athletes. A number of these cases involved adult athletes, both male and female. These cases posed a challenge in that, being adult, the defense argued that the relationships were consensual.

Other sexual abuse lawsuits arose out of abuse by wealthy athletes and celebrities who took advantage of their position of popularity to sexually harass, grope, molest, or rape their abuse victims. These cases are challenging in that the defense team for the celebrity always takes the position that the abuse allegations are manufactured solely because the celebrity at the heart of the allegations has money. The defense argues that the allegations are phony, and constitute a ploy to shake down the wealthy victimizer. On an individual basis, these claims are very difficult to pursue. However, when multiple victims of abuse come forward, there is strength in numbers and more credence is given to the complaints of sexual abuse.

Other sexual abuse lawsuits arise out of abuse of professional relationships. For example, patients of a psychologist or psychiatrist may become co-dependent upon the treater. The so-called “transference phenomenon” refers to the psychotherapist’s feelings and emotions towards their patient.  A co-dependent relationship can develop, which compromises the purpose of the professional relationship and, often, complicates the patient’s underlying psychological problems. Lawsuits for sexual abuse can also arise in other professional relationships, such as sexual relationships that result from counseling activities by members of the clergy.

Record payouts have occurred as a result of serial sexual abuse at a variety of different universities, including the University of Southern California, Ohio State University, Michigan State University, and Penn State University. Hopefully, awareness about serial sexual abuse and financial penalties on institutions that turn a blind eye to the abuse will reduce the amount of sexual abuse in the future.

How Can a Car Accident Attorney Help You?

How Can a Car Accident Attorney Help You? 

How Can a Car Accident Attorney Help You?

Car accidents are one of the most common types of personal injury accidents that people need to get compensated for. They are incredibly common and happen every day. If you or someone you care about has been involved in a car accident and needs representation, contact a car accident attorney such as Ward & Ward Law Firm right away. He or she can set up a consultation so that you can see whether or not your case is worth pursuing. If you can prove that the other party was negligent and at fault, you may be able to file for compensation from them.

How an Attorney Will Help

An experienced attorney is crucial when it comes to handling car accident cases because they know exactly what to look for to find fault, which is the most important thing to prove in a car accident case. Your attorney will guide you every step of the way, from ensuring you meet each filing deadline to dealing with insurance agents on your behalf, you will not be alone during this process. It is important to hire someone with knowledge of these types of lawsuits so that he or she can best advise you on how to move forward. Sometimes it is better to settle outside of court, but often insurance wants to lowball any chance you might have of getting a fair settlement. They are just doing their job trying to save the insurance company money. This is why you need to have your car accident attorney in Indiana deal with the agent. You don’t want to say anything that could jeopardize getting the compensation you deserve, whether that is through settling or going to court. 

Your attorney will file paperwork, speak to everyone involved in the case, and even hire expert witnesses or an investigator to check out the scene of the accident to gather information that could be beneficial to your car accident case. He or she will already know what kind of tactics are useful in court and who would be the best people to hire to assist in your case. 

What Kind of Compensation You Can Get from a Car Accident Case

There are often many different damages you can file for in a car accident case. Because car accidents are serious accidents, there are often a few things you should file for when going to court for one. Here are some of the most common damages people seek: 

  • Compensation for medical bills such as hospital stays, prescription medication, doctor appointments, and physical therapy that is needed following the accident. 
  • Compensation for the damages done to your car and personal property.
  • Damages for pain and suffering endured in particularly traumatic accidents. This is meant to cover both the emotional trauma you went through as well as possible costs for therapy if needed later in life. 

There are many other things you may be entitled to after being involved in a car accident, which is why it is so important to go over all of this with an experienced car accident attorney immediately. 

Personal Injury Lawyer

Is Hiring a Personal Injury Lawyer Worth It? 

Personal Injury Lawyer

If you have been hurt after being involved in an accident that was no fault of your own, a personal injury lawyer can provide you much needed relief so you don’t feel like you have to go through your ordeal alone. Recovering after an accident can take weeks, months or years depending on the severity of your injury. On top of their injuries, many accident victims often struggle to pay their medical bills and other related expenses as a result of an accident. To obtain relief, one thing you may consider after an accident is talking to a personal injury lawyer like one from Burton Law Firm, PLLC. about filing a claim. If you have the following questions on your mind, seeking legal assistance from a reputable and highly rated lawyer could be beneficial. 

How can I pay my medical bills? 

Like many people who have suffered serious accident injuries, you may find yourself struggling to pay sudden medical bills after you receive treatment for your injury. If you have had a particularly severe injury, you could be left with a permanent disability which may require ongoing care. The financial strain puts many victims under stress. If you need immediate financial help, a lawyer can help you file a claim and recover compensation you may be entitled to.  

A lawyer will review other sources of compensation that may be available in your case. Other sources include the negligent person’s wages and other liable parties. To learn more about your legal options, talk to a personal injury lawyer. 

I am partially at fault. Can I still receive compensation?

If you have been involved in an accident where you have partial fault or may be possibly at fault, you may feel reluctant to seek legal action. A personal injury lawyer understands how to assist those who have contributed to the accident that resulted in their injury. Luckily, you may still be entitled to compensation even if you may have contributed to the accident. 

When is the right time to hire a lawyer?

The best time to hire a lawyer is immediately following an accident if you need urgent legal assistance. If you wait too long to discuss your legal options, it could be more difficult to prepare your case. There is also the statute of limitations you have to consider, so you need to act quickly. 

If you need detailed legal assistance, contact a top personal injury lawyer that residents trust today. 

Criminal Defense Lawyer

What Types of Charges Can a Lawyer Help Me With

Criminal Defense Lawyer

A misdemeanor charge should be taken seriously no matter what your circumstances are. A top criminal defense lawyer can explain that you should not delay seeking legal action if you want to have the strongest defense possible. While it may seem like a minor charge because it is not as serious as a felony, you can still experience severe penalties and consequences if you are convicted of a misdemeanor, including up to a year in jail. 

A criminal defense lawyer like one from Tuttle Law, P.A. has the necessary skills required to successfully defend clients facing many types of charges. Here are several common charges that a lawyer can assist you with.

DUI

A DUI, or driving while under the influence charge, is one of the most common types of charges. Police officers often conduct random stops at checkpoints to look for drunk drivers. Having a lawyer to help you fight a DUI charge can help you avoid facing the worst penalties. A lawyer can help protect your rights and present your case. They will search for any errors made while a field sobriety test was being conducted or other kinds of weaknesses in the charge. 

Shoplifting

If you have been accused of shoplifting, you should seek legal advice as soon as possible. Shoplifting may not be considered by many to be a serious crime, but if you are convicted you can still be fined and sentenced to jail. Some of the defense arguments a criminal defense lawyer may use for clients who have been charged with shoplifting include finding faults with eyewitness testimony, the item was taken by mistake, or the incident was a classic case of mistaken identity.

Domestic Violence

A domestic violence charge should never be ignored. A lawyer can help defend you against a domestic violence charge by focusing on your emotional state, arguing that the act was done out of self defense, or claiming it was an accident and you did not intend to cause significant injury to the victim. 

Reckless Driving

If you have been accused of reckless driving, you may benefit from seeking help from a criminal defense lawyer. Reckless driving is defined as the operation of a vehicle that is done out of disregard for other people’s safety. This includes speeding, weaving in traffic, street racing, and driving while impaired. Common defenses that a lawyer may use for clients facing this charge include the argument that you committed it out of necessity or because you were dealing with an emergency. 

There are many other types of charges that a lawyer can provide you legal assistance for. Contact a top criminal defense lawyer now for a consultation. 

How Will a Claim of Wrongful Death Affect Estate Planning?

Filing for wrongful death indicates that the death of a family member or loved one is believed to be the result of negligence of a third party. The claim is only valid if it proves that the death was a result of negligence and, if successful, a claim will allow surviving family to claim compensation for damages. As a wrongful death lawyer in Lafayette, IN from a law office like Hall-Justice Law Firm can explain, the laws surrounding wrongful death vary by state and by particular details of the case so it may not be easy to file a claim alone. It is always preferable to have the assistance of an experienced wrongful death attorney in these cases. Check out the short guide below to determine how the deceased’s estate may be affected.

Filing Your Claim for Wrongful Death 

Laws dictating who has the right to file a claim of wrongful death varies by state, so check your eligibility against state regulations. Usually eligible people include parents, siblings, life partners, or spouses and grandparents. You do not have to be family, but to file a claim you must prove that you were financially burdened by the death or that you were financially dependent on the deceased.  

It is important to gather all members who want to file a claim together into one claim because it is easier to pursue one case than many for the same charge of wrongful death. In a case such as this, the family (or plaintiffs) will sue for damages incurred by the death such as:

  • Funeral expenses
  • Emotional damages
  • Loss of wages or other assets 
  • Medical bills

How the Decedent’s Estate is Affected

Whether or not the deceased has left a will, wrongful death settlement awards are distributed and divided among beneficiaries depending on the losses and damages experienced by each individual. This can create a stressful situation among family because there is no itemized list of assets and designated beneficiaries. This can lead to fighting, and if the family cannot agree on distribution, then the court will take over the decision. An experienced estate planning lawyer can coordinate distribution as well as serve as your representative throughout the entire process, ensuring a greater chance of success. 

Grieving is difficult enough without adding a legal battle to the mix. Don’t subject yourself to an overly stressful situation by pursuing a claim by yourself. Consult a legal professional to handle the heavy lifting of a wrongful death claim while you and your family grieve. 

5 Reasons to Consult with a Personal Injury Lawyer

Justice demands that individuals suffering from an accident triggered by forces outside of their control should be compensated. Although a lawsuit sometimes isn’t appropriate, speaking with a personal injury lawyer, like from Davis & Brusca, is always a smart decision. Here are five examples of scenarios where meeting with a lawyer specializing in these cases can be extremely beneficial.

1. Severe Injuries

The greater level of suffering you incur, the more justification you have in bringing a lawsuit. Dollar amounts associated with long-term treatment are usually exorbitant. There is no reason for shouldering a financial burden you did nothing to cause. Litigation against responsible parties can help relieve the worry of paying for expensive medical attention.

2. Undetermined Causes

An attorney with knowledge concerning happenstances similar to your situation can be beneficial in identifying where the fault lies. On top of determining what persons or entities are responsible for your injuries, a professional can make the best targeting decision in terms of strategy.

3. Insurance Troubles

If the insurance company with which you have filed a claim is issuing a denial or refusing to respond, speaking with a personal injury attorney becomes a must. Insurance behemoths know that most people do not understand the complexities of their field. They bank on this, hoping that potential beneficiaries will be intimidated into not appealing their rulings. An attorney familiar with the nuances of insurers has better odds than most of achieving a positive outcome.

4. Damage Evaluation

The nature of personal injuries makes it difficult to determine amounts that are owed. How can this figure be calculated in instances where multiple factors caused an accident? How badly is a claim impacted if fault partially lies with the litigant? A personal injury attorney can unravel and clarify these matters.

5. Mounting Bills

Personal injury attorneys typically work on a contingency basis. This means they do not get paid unless they achieve a favorable outcome. Therefore, there is no reason to fear meeting with one even if your financial situation appears bleak. Discussing your circumstances with someone versed in the law costs nothing. At the very least, you may avoid launching a draining and unsuccessful lawsuit. If you do in fact have a winning case, the compensation you receive could be greater than expected.

The smartest decision victims of injurious mishaps can make is consulting with a personal injury attorney. Contact a professional familiar with incidents like yours the moment after you have been wronged.

Wrongful Death Claims

If you or a loved one believes someone is at fault for a loved one’s death, you may have several questions about wrongful death laws and how you can hold that individual or entity accountable. Everyone has questions, and questions of this magnitude deserve answers.

What Is a Wrongful Death Claim?

To begin, you need to understand what a wrongful death is, should you try to pursue a claim. A wrongful death lawsuit likely stems from an individual filing a suit against someone for the cause of another person’s death. Wrongful death could be caused by carelessness. This could be caused in a motor vehicle accident, medical malpractice, a design failure, or defective product. There are so many ways one could be a victim of a wrongful death. Laws vary from state to state, so it is important to speak with a law professional in your area to get a better understanding of your case, if you have one.

 Who Can File a Claim?

You may be aware of someone that was a victim of a wrongful death. It is important to note that not just anyone can pursue a wrongful death lawsuit, though. Usually, it is the person that is responsible for the estate. This may be the deceased person’s child, spouse, or someone who was appointed through a will.

Calculating a Claim

Once a wrongful death claim is pursued, many wonder how much they will receive. The way damages are calculated in a wrongful death claim is based on different things. One of the most important is, how much would the dependent of the deceased person need? This means how much the deceased person contributed to the household plays a role. Any future expenses for the funeral or any previous expenses for medical treatment are calculated as well.

 Wrongful Death Versus Murder

Wrongful death cases simply means someone died at the hands of another by accident. This is quite similar, but also very different from murder. Murder cases will be handled in criminal court, although they can also potentially be worth a wrongful death claim as well. Wrongful death claims typically give financial support to the people suffering. Murder, on the other hand, also holds the individual criminally responsible.   

Speak with a Lawyer

Wrongful death cases and claims can be very confusing. This is why it is important to speak with an attorney that has experience in this area to get a better understanding of what you or your loved ones legal options are. Contact an attorney, like a wrongful death attorney from Andrew R. Lynch, P.C., to learn more today.

Burglary Charges

Criminal Defense Lawyer

The holiday season is usually filled with fond memories and joyous time with family. However, with the season, there is typically an increase in burglaries, with many homeowners being away from their residence and the opportunity to steal precious items on the rise.

Burglary is when someone illegally enters a premise in order to commit a crime, typically theft. This is also known as breaking and entering and it can be a serious offense depending on the severity of the crime committed once inside the property. 

Breaking and entering or burglary, can happen at any time of the day. Many states traditionally defined burglary as an illegal entry into a dwelling that happened at night. As times have changed the definition of burglary has changed with most states amending their law of burglary. Through these amendments, a burglary can be defined as breaking into any type of property; building, car or a home at any given time of the day. 

It is crucial that you take steps to protect yourself from a burglary especially during the holidays. A burglar may scope out your home before breaking and entering. They may hide behind tall trees, peek through windows, go through trash or see a build up of mail in your mailbox. All of these signs can aide in a burglar being able to break in your home and steal your valuable items.

During the holidays, people tend to leave their curtains open to show off their holiday decorations, trash builds up with boxes from new toys, electronics and gadgets and if out of town, mail begins to pile up in the mailbox. These are huge signs that a burglar will look out for and can make your home a target for theft.

Some ways to help prevent burglary are investing in a security system, close your blinds, motion sensor lights, having a neighbor or friend pick up your mail and of course locking your doors and windows at all times. 

Being burglarized in any capacity can be extremely devastating and overwhelming. Depending on the extent of the case and what you are a victim of there are legal options in place for you or your loved one should either of you be a victim. Reach out to a skilled attorney in your area to determine what your legal options are. This is not something you have to go through alone, a criminal lawyer, like from The Lynch Law Group, maybe able to help you.

Will Filing for Bankruptcy Rid Me of My Debts?

There are very few “quick fixes” that will solve complex financial challenges. Anyone who attempts to sell you on a “quick fix” is likely attempting to scam you out of even more money than you already owe. With that said, there are several debt relief and debt management solutions that regularly allow debtors to get a better handle on their debt and, in some cases, allow them to have certain balances eliminated. For example, some individuals struggling with credit card debt choose to use a balance transfer to consolidate their debt into a single account. Doing so can make paying that account down more manageable than it is to juggle several card payments at once. Other individuals struggling with debt choose to enter into debt management plans supervised by nonprofit, accredited credit counseling agencies. Doing so helps to restructure debt. Those who are looking to have some of their outstanding balances eliminated outright (without paying a significant portion of their balances upfront) must generally turn to bankruptcy for true debt relief.

Bankruptcy – Chapter 7 vs. Chapter 13 Discharge

Both Chapter 7 bankruptcy and Chapter 13 bankruptcy afford filers the opportunity to have eligible, unsecured debt balances “discharged.” A bankruptcy lawyer that the Memphis, Tennessee community trusts, such as one from Darrell Castle and Associates, PLLC, can tell you that in the bankruptcy context, a discharge order means that a debt is effectively eliminated. Once a debt is discharged, the debtor can never be held accountable for a failure to repay it and creditors can never again demand repayment of it. The primary difference between Chapter 7 bankruptcy discharge procedure and Chapter 13 bankruptcy procedure is that, in a Chapter 7 bankruptcy, filers are not required to repay ANY of their eligible balances before a discharge order can be successfully entered in regards to those balances. By contrast, Chapter 13 filers are required to make manageable installation payments on the whole of their debts for 3-5 years before any remaining eligible balances can be discharged by the court.

Chapter 7 bankruptcy is a far more generous debt relief option because it is only made available to the lowest wage earners in American society. The court reasons that these filers cannot be expected to repay their debts over time, whereas Chapter 13 filers can be expected to repay a reasonable, manageable portion of their debts before the remainder are discharged.

Legal Assistance Is Available

If you have not yet formally explored your debt relief options during a risk-free, no-obligation consultation appointment with our firm, please do so today. Speaking with an experienced bankruptcy lawyer will allow you to ask questions about the process and to receive feedback unique to your circumstances. Filing for bankruptcy isn’t the best option for everyone. However, this debt relief option has proven to be life-changing in the best possible ways for many people. In order to better ensure that your decision to either file for bankruptcy or to refrain from doing so is an informed one, schedule a confidential consultation with our firm today. We look forward to speaking with you.