Instructing a Solicitor - The Initial Questions to Ask

August 31st, 2009

Finding a solicitor to take on your case can be a very daunting task. Not to mention trying to ensure that you are instructing exactly the right firm of solicitors for the job. It is at times like this that you should approach the relevant firms, within your area, with a clear set of basic criteria for what you will be looking for during your relationship with them.

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Know When to Use a Child Custody Lawyer – Columbus, GA, Attorneys Can Help | ArticlesBase.com

August 30th, 2009

Divorce is never easy, and this is particularly true when there are children involved. The custody issue is oftentimes hotly contested and a helpful person to have by your side is a child custody lawyer. Columbus, GA, has some of the best, and their advice can be valuable to divorcees trying to make an amenable arrangement.

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The Top Three Things You Must Prove to Win a Personal Injury Case

August 29th, 2009

First, the personal injury attorney that you hire will need to prove that the person or the company that you are accusing of causing your personal injury has been given the legal duty to perform or act in a specified manner. For instance, any restaurant in the state is naturally required by law to make sure that the food items it serves to customers are clean and safe from harmful ingredients. If a consumer like you has suddenly become ill after eating from the said restaurant, then there may be a violation of the law. In other words, the restaurant may have failed to act according to what is asked by the law in exchange for granting the restaurant the right to operate a food business.

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How To Hire A Personal Injury Attorney | ArticlesBase.com

August 28th, 2009

Personal injury can be disastrous, whether it is due to an auto/truck/ industrial accident or through medical malpractice. However, it tends to emerge as a cause of further annoyance if you receive no indemnity. So, if you are injured, say somewhere in Houston and wish to be compensated for your injury, medical bills, lost wages and pain and suffering from the insurance company, think again. Insurance companies usually try to quickly settle out of court prior to the victim receiving the proper medical evaluation and usually offer low compensations, thus making hiring a personal injury attorney a must to ensure that you receive the proper compensation you are claiming.
Now, before you embark on the process of selecting a Texas personal injury lawyer it is necessary to keep a few points in mind. Below are some significant tips you may want to take into consideration.

•    Insurance lawyers/adjusters: First of all, never take help from lawyers/adjusters representing the insurance companies. They work on behalf of the insurance companies and are not looking out for your best interest. It is best that you do not speak with anyone from the insurance company until you hire a lawyer.

•    Injury: Determine whether the accident was an injury-producing accident so that a compensation claim can be made, presence of serious injuries such as multiple fractures, hospitalization/surgery or death of a near/dear one are all examples of such. You must approach a lawyer if it amounts to any injury and seek his/her advice on the proper steps to take to preserve your injury claim. Check whether others were involved in the accident such as pedestrians.

•    Word of mouth: Before you search through newspapers or yellow pages, ask your friends, relatives or colleagues if they can refer any able personal injury attorney. If not, you can search for local lawyers on the Internet. For example, if you are reside in Houston you can look for attorneys specializing in personal injury cases in Houston via the internet.

•    Yellow Pages: Another viable option is searching through the yellow pages or any other directory that holds information about the lawyers in your city.

•    Background Research: After you obtain a list of the lawyers in your area, conduct a thorough background search on each one. Visit their official website and go through their profile, check their professional status and the work track record, read through the kinds of cases they have handled and the testimonials posted by some of the clients, if any. This will help you get an idea about the lawyer, his practicing term and the number and types of cases he has handled. You should even check his/her professional affiliations.

•    Authentic Information: Even though you collect all of this information about the lawyer, how can you determine the authenticity of the data? For this you can check the lawyer’s profile in via the State Bar of Texas website. You can get the credentials of the selected attorney, the experience, the date of the license issued and whether the attorney has any complaints/grievances filed against him/her.

•    Shortlist: Narrow down the list of personal injury attorneys to a one-digit number and start calling them. Talk to them about your case and ask questions such as the number of similar cases they have handled, how many have they won and their total years of experience, their area of expertise and whether they handle the cases personally or through their assistant.

Personal injury resulting in catastrophic injuries can cost you a lot of money, inconvenience and pain and suffering. Since the insurance companies are reluctant to compensate victims fully, seek help from a qualified attorney immediately!

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No Win No Fee - What is it About?

August 27th, 2009

No win no fee is a type of claim that allows you to pay the legal charges of your solicitor only when you win the case. This type of claim has emerged in 1998 when Conditional Fee Agreement was brought into consideration. No win no fee has become gained a lot of popularity and most of the people who are now claiming their personal injury compensation opt for this type of agreement. A CFA - Conditional Fee Agreement is a contract entered into by the solicitor and the claimant and contains the conditions of the agreement agreed upon by both solicitor and the claimant.

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Personal Injury Settlement Out of Court Or A Lengthy Legal Personal Injury Battle? | ArticlesBase.com

August 26th, 2009

You have been figured in an accident caused by someone else’s negligence.  But after recuperating from the hospital and you stayed inside your house, you are sore and ready to put the accident behind you but you should wait on throwing out the idea of hiring a personal injury lawyer. That accident may have far lasting consequences on your body and wallet then you initially thought. The bruises will heal but what if there is permanent damage that limits your ability to perform work tasks? You may find that you do need personal injury litigation and perhaps, a personal injury settlement with the help of a personal injury lawyer.

There are times when an injury may take days or weeks to begin to affect your health and performance. There is little doubt that there will be sore muscles and bruising after an accident but what if the soreness does not leave and it begins to affect your ability to perform your job or your ability to go about with your business as you normally would do?  What if, for instance, have specifically lost an arm or both because of that accident? Who will find some means of income for your family, huh?  So, it’s really best that you should hire a personal injury lawyer to help you with a personal injury settlement.

A personal injury attorney knows that these conditions can arise. He or she can make sure that you are getting the medical attention you need and will make sure that everything is documented. If the other person was at fault for the accident, then his or her insurance company may want to give you a flat personal injury settlement. However, if your medical bills are higher than the amount his insurance company would like to settle for, then, prepare yourself to pay the remaining amount out from your own pocket and that’s aside from the loss of wages or income from your business because of the time that you need to take off from work or your daily business transactions. Personal injury and accident attorneys specialize in the laws surrounding personal injury due to negligence or auto accidents and they can decide if a personal injury settlement out of court is necessary or not.

You see, most accident victims pursue claims for the injuries and damages incurred from an accident. The negligent party would have to pay the damages to the victim which is supposed to alleviate their suffering. Usually, people involved in litigations similar to this would agree to have a personal injury settlement so that they would not be involved in lengthy proceedings that could take up much of their time and financial resources. But remember, if the insurance company of a person who will settle for the damages like hospital bills and so forth, they might settle for something lesser than what you think and you have to pay for the remaining balance, if ever there was one.

To conclude, it’s much better that you have to weigh the problem first and see if a personal injury settlement out of court is needed but if you think things can get worse for the rest of your life, and you know what that means, then, you do need the services of a personal injury lawyer.

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Legal Claims and the Statute of Limitations

August 25th, 2009

If a person suffers injury due to the recklessness or negligence of another person, he or she may be able to pursue compensation through legal action. Such claims often go to court, and trials often leave it up to the judge and jury to determine how a person should be compensated for his or her pain, suffering, medical bills and other expenses following an injury.

The legal system often places time limits known as a “statute of limitations” on personal injury claims to make sure that lawsuits are filed in a timely manner. This helps to benefit nearly everyone involved, ensuring that the legal process is as smooth as possible. If a claim is filed after many years, evidence may not be available to prove the claim and witnesses may not remember the details accurately enough to testify.

In many cases, personal injury claims should be filed within two years of the incident. This often allows individuals to seek medical attention for their injuries, rehabilitate and recover, and gather the necessary information needed to pursue the case in court. This time period also provides the attorneys for both sides time to do the necessary research to prove the case in court.

By setting a time limit on the filing of personal injury claims, persons facing personal injury lawsuits can make sure the case proceeds quickly and does not drag out over five, ten, or twenty years. The individual is notified of the pending lawsuit and can plan accordingly, rather than waiting in suspense for many years, waiting for the lawsuit to hit them when they least expect it.

If the statute of limitations on a case passes, the injured individual may not be able to file a lawsuit to gain compensation for the damages suffered. The court may choose to throw out the case simply on the basis of the fact that the statute of limitations expired. Persons accused of reckless or negligent behavior have the right to defend themselves and their actions in court and should be given the right to do so within the time limits provided by personal injury laws.

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Rain Storm Slip And Fall Injury - Florida Expert Advice | ArticlesBase.com

August 24th, 2009

The following is an expert answer given by Florida Slip And Fall Injury Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I am a 25 year old female who lives in Michigan. About a week ago it was raining really hard and I went to the gas station across the street for a cup of coffee, which is normal for me. I opened the door, walked in and immediately violently slipped and caught myself before I hit the ground. There was no rug at the door like there normally is. The attendant looked at me and said “I can’t do anything for you, there is a wet floor sign.” He pointed to the sign which was very small and below knee level. My knee and ankle immediately started throbbing so I drove myself to the hospital and they gave me xrays. Nothing was broken, but they told me I had a knee strain and gave me crutches, wrapped my ankle in an ace bandage, and put my left leg in a immobilizer from my thigh to almost my ankle. I contacted a lawyer who took my case, but I was just wondering how hard it would be to win my case. There is a surveillance video, and also I sent a friend to take pictures the same day. You can not see the sign from the outside, and the attendant had moved the rug and the sign to where it was supposed to be. The lawyer sent me to a doctor, who informed me I had messsed up my knee pretty badly (MCL?) and the ligaments in my ankle were messed up. I have multiple contusions in my back and my legs and am in constant pain and not comfortable. I can’t do anything including work for at least a  month and I just started a new job. Another thing is, I am a model, and do quite a bit of runway shows and photoshoots. I live on the third floor of an apartment building and have to have constant help with the stairs, cooking and cleaning etc. I go to this gas station almost everyday, and have never slipped or anything. I had on flip flops, and was not on my cell phone. Also when asked, the attendants would not call the police, so I asked another lady at the pump would she and she said she did not have her cell phone. Before I could ask her anything else the attendant came up behind me and closed the door, prohibiting me from getting a witness statement because the lady drove away. The floor was muddy and wet, as it had been raining really hard and it looked like people had been in and out the gas station because it is open 24 hours. The rug that was supposed to be by the door was pulled all the way back leaving a good 2 feet of open, wet, muddy tile. I didn’t have a chance to see the sign because as soon as I stepped in, I slipped immediately. I am very upset because I am missing work, shows, and just the overall quality of life because I have to keep this brace on for another 3 weeks, then go through physical therapy because I can’t invert my ankle. I was wondering did I have a case? Thank you for your time.

Answer: The answer to your questions depends on the law in Michigan for a slip and fall injury. Florida personal injury claims such as car accidents, slip and fall cases, and work accidents are what I specialize in.  However, laws vary from state to state so what happens in a Florida slip and fall injury may not be the case in Michigan.

The best advice I would give you is do speak with your about your claim.  He can advise you what the law is in Michigan for slip and fall accidents which occur such as yours.  He also knows the facts of your case, good and bad, and can give you an idea of whether you have a good case.

Generally, a store owner owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  The fact that the store put a “wet floor” sign at the entrance may hurt your case, but maybe just walking in the door you didn’t have a chance to see it.

Has your attorney received a copy of the surveillance video?  That will be the best evidence as they are usually trained right on the entrance/exit. If the store hasn’t provided a copy yet, your attorney should have at least written to the store to make sure they preserve the video as they get recorded over after a certain period of time, i.e. every 24-48 hrs.

I specialize in Florida slip and fall injury cases, but not all lawyers do. Make sure your attorney is one that specializes in premises liability claims.  Many attorneys say they do “personal injury” claims, but after asking around, you’ll find they take anything that walks in the door.  Ask how many claims like yours they have handled.  Ask them if they have tried any cases like yours.  And, how many slip and fall claims they currently have now.

I think you have a good claim based upon the injury, your profession, and the limitations you have right now.  The most difficult part of the claim is going to be proving liability against the store when they have the “wet floor” sign out.  Make sure you document and keep records of the income you are losing as a result of the injury.

For more information about a Florida slip and fall injury, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at www.jmmlaywers.com, or email him today.

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Why Do I Need a Personal Injury Lawyer?

August 23rd, 2009

If you have suffered serious bodily injury, you may have a personal injury compensation claim. You need to know that insurance companies do not always treat you fairly. Instead, you are likely to find a number of legal obstacles surrounding your claim.

If you are unskilled in dealing with insurance attorneys and adjusters, you are going to be at a distinct disadvantage. Finding an accident lawyer is your best chance of getting properly compensated for the injuries and economic damages that you have incurred.

Settling a personal injury claim is not a “do it yourself” project.

What Are The Advantages of Having A Personal Injury Attorney?

Your only alternative is to find and hire an experienced injury attorney. A personal injury attorney is part doctor, financial advisor, counselor, and advocate. Your family lawyer may not be the best choice to handle a serious personal injury case. Let’s take a look at some of the most important benefits to hiring a personal injury attorney.

Determine whether or not you have a case. Even if you have suffered injuries because of the negligence of another person, not all personal injury claims are worth the same amount of money. An experienced injury lawyer will be able to look at the best and worst aspects of your case and make an honest assessment of its potential and value.

Help you meet the statute of limitations. Insurance adjusters and attorneys are notorious for their delay tactics. In addition to the obvious benefit of holding onto your money for as long as possible, some will attempt to drag the case out past the applicable statute of limitations. A personal injury attorney will ensure that you get your cased filed or resolved in a timely fashion.

Pursue compensation for all of your injuries. Many types of damages are not obvious to the layperson. In addition, some personal injuries do not manifest themselves until well after the accident has occurred. Accident attorneys are familiar with these types of injuries and will be able to refer you to appropriate specialists to evaluate and diagnose all of your injuries. In addition, your accident attorney will pursue compensation in all of these areas if they are applicable to your case.

Hold the appropriate parties responsible. You can be assured that the defendant’s attorney and insurance adjuster will make every attempt to evade or minimize their obligation to compensate you for your injuries. After all, they are in the business of collecting premiums, not paying claims. Many times, additional parties bear some responsibility for your injuries. An experienced injury lawyer will find all parties and ensure that everyone pays their fair share to fully compensate you for your loss.

Do Not Wait To Contact A Personal Injury Lawyer

The greatest thing about the legal system in the United States is that anyone, regardless of financial or social status, can employ the best legal talent to recover injuries sustained because of the actions of someone else. Statistically, if you are represented by a lawyer, you are more likely to attain a sizable settlement than if you represent yourself.

Locate a personal injury attorney in your area as soon as possible to make sure you do not waive or lose important rights guaranteed under state or federal law. The insurance companies have skilled professionals employed to represent their best interest. As such, you should not go into the battle without a skilled professional of your own.

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Razors Are Sharp! Personal Injury Protection Expert Advice | ArticlesBase.com

August 22nd, 2009

Subject: Old razor and toothbrush left in hotel bed

Question: My husband, daughter, and I stayed at a hotel in Wilmington, NC. My 3 year old pulled back the covers on our bed and crawled underneath them. She was hiding when I came out of the kitchen to see what she was doing. She was still under the covers, so I pulled them back to find her chewing on a used toothbrush (not ours) and trying to shave her leg with a razor (also not mine) I swiftly took the toothbrush away from her, put the cap back on the razor and put it in a bag. I took it downstairs and reported it to the front desk. I asked for clean sheets because I figured the bed had not been changed either. When I came back up stairs, I noticed that my little girl had a small cut on her ankle. What should I do? I didn’t notice blood before I took the razor and I can’t be certain she was cut. The baby doctor said there aren’t a whole lot of tests that can be run immediately but she was given antibiotics.  I have tried to contact the hotel but have gotten no response. What should I do?

Answer: The answer to your questions depends on the law in NC for premises liability claims. I specialize in Florida personal injury protection claims such as car accidents, slip and fall cases, and work accidents.  However, laws vary from state to state so what happens in a Florida personal injury protection case may not be the same in NC.

The best advice I can give you is do speak with an attorney about your personal injury protection claim.  He can advise you what the law is in NC for an incident such as yours.  The primary question that I don’t know the answer to is whether you have a claim simply based upon the anxiety and uncertainty associated with what happened, or does there need to be a resulting sickness, infection, etc. before making a claim.  I am not trying to minimize what happened because it is pretty outrageous, but Florida has what is called the “impact rule” which in certain cases requires a person to actually suffer a physical injury, rather than just anxiety associated with an incident that occurred.

Generally, a hotel owes two duties to persons lawfully on the property - maintain the property in a reasonably safe condition, and to warn persons on the property of dangerous conditions that the person may not be able to appreciate themselves.  By the facts you have described, I would say the hotel absolutely breached these duties.

Most Florida accident and injury attorneys will see you for a free consultation to evaluate your case.  I am guessing lawyers in NC will do the same so you have nothing to lose by meeting with an attorney.  Additionally, the lawyer will know how best to pursue the personal injury protection claim, i.e. preserve evidence and witnesses, obtain insurance information, and move the claim forward.

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