LawResolution.com: Blog LawResolution.com: Blog https://www.lawresolution.com/blog/ Copyright by LawResolution.com en LawResolution.com Thu, 23 Jan 2020 15:52:03 -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.

]]>
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.

]]>
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.

]]>
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.
]]>
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.

]]>
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. 

]]>
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.

]]>
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. 

]]>
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.

]]>
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!

]]>
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. 

]]>
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.

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

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

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

Driving at a reasonable speed

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

Maintaining the equipment

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

Alertness and agility

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

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

]]>
Uncategorized https://www.lawresolution.com/blog/duties-of-drivers-ndash-what-does-it-actually-mean/ https://www.lawresolution.com/blog/duties-of-drivers-ndash-what-does-it-actually-mean/ Editor Fri, 30 Aug 2019 08:11:41 -0400
Find out why do you need to hire immigration law services? If you are scheduled to go through an immigration process, it is a wise move to avail the services of an immigration law firm. They will help you to avoid any hassles and make the process less cumbersome and time-consuming. Aside from the above, there are many other benefits the reason why individuals prefer availing the expertise of the legal immigration professionals.

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

Reasons for availing professional aid for immigration

Check out the following points-

  1. You can steer clear of committing any errors

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

  1. Experience matters

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

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

  1. Compliance and administrative requisites

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

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

  1. Explore your options

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

  1. Explore legal employment opportunities

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

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

]]>
Uncategorized https://www.lawresolution.com/blog/find-out-why-do-you-need-to-hire-immigration-law-services/ https://www.lawresolution.com/blog/find-out-why-do-you-need-to-hire-immigration-law-services/ Editor Fri, 30 Aug 2019 08:10:03 -0400
What to do when the cops stop you for a DUI case? Getting stopped on the grounds of drunk driving can be a bewildering situation for you. The police can arrest and send you to lockup. When all these things are happening, you can still build a strong defense in your favor by being aware of your rights. Here are a few tips that can come in handy during those situations.

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

Stop your vehicle at a safe place

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

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

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

Talk to them politely

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

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

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

Refuse to submit to a field alcohol and breathalyzer test

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

Make a note of all the incidents around the arrest

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

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

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

]]>
Uncategorized https://www.lawresolution.com/blog/what-to-do-when-the-cops-stop-you-for-a-dui-case/ https://www.lawresolution.com/blog/what-to-do-when-the-cops-stop-you-for-a-dui-case/ Editor Fri, 30 Aug 2019 08:06:50 -0400
How Can A Criminal Defense Lawyer Help You? Significant fines, prison time, and felony convictions are severe penalties. If you are facing any of these due to a significant crime, you will want the services of a great NYCCriminalLawyer.net. No matter how smart you are, representing yourself in front of the prosecution is always a tough thing to do. Criminal defense attorneys are trained to unearth and find elements of cases that are unique. They usually look for factors and listen for arguments which can reduce the conviction of a falsely sentence.

The ways in which a criminal defense attorney can help you

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

Access to important resources

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

They have impeccable negotiation skills

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

Avail professional advice for your specific case

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

Criminal lawyers can suggest a defense strategy

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

Represent your case in the court where it is being represented

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

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

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

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

]]>
Uncategorized https://www.lawresolution.com/blog/how-can-a-criminal-defense-lawyer-help-you/ https://www.lawresolution.com/blog/how-can-a-criminal-defense-lawyer-help-you/ Editor Thu, 29 Aug 2019 05:14:49 -0400
Excellent Tips for Finding a Good Immigration Attorney in Cyprus

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

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

Use Local Contacts

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

Use the Internet

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

Sign an Agreement

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

Final Thoughts

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

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

Claim Filing

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

Proving Liability

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

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

Damages Determination

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

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

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

Settlement Negotiation

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

Court Advocacy

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

General Advice

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

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

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

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

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

Steps To Climb To Reach the Goal

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

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

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

What Medical Malpractice Lawyers Do

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

As a medical malpractice attorney, I handle cases involving:

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

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

Skills Medical Malpractice Lawyers Need

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

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

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

What Contingency Fees Mean to You

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

The Medical Malpractice Lawyer You Choose Can Make All the Difference

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

 Author Bio

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

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

What are No Refusal Weekends?

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

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

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

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

How Do No Refusal Weekends Differ from Regular Weekends?

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

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

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

What Qualifies as Driving While Intoxicated in Texas?

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

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

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

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

What are the Consequences for DWI in Texas?

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

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

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

What are Your Rights During No Refusal Weekends?

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

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

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

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

AUTHOR BYLINE

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

]]>
Uncategorized https://www.lawresolution.com/blog/understanding-the-purpose-and-legal-implications-of-no-refusal-weekends-in-texas/ https://www.lawresolution.com/blog/understanding-the-purpose-and-legal-implications-of-no-refusal-weekends-in-texas/ Editor Tue, 30 Jul 2019 17:46:08 -0400