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What to Know About Filing a Personal Injury Claim

What to Know About Filing a Personal Injury Claim

Few people are prepared for the consequences of a serious personal injury. When a major accident occurs, it is understandable that most people focus on recovering from their injury or taking care of their injured loved ones. However, in many cases the first hours and days after these accidents are critical for collecting and preserving key evidence which may later play an important role in establishing how the accident happened and who was at fault.

Unfortunately, the victim of a personal injury is often the last person to begin collecting evidence that may help their case. Often times, there is a delay in collecting this evidence simply because a victim is not sure if they have had an injury that warrants legal action. Individuals who have been in a construction accident, bicycle or pedestrian-related accident, auto or truck collision, or any accident related to a product or service may have cause to file a claim.

A good personal injury lawyer will jump on this effort as soon as they are contacted by an injured person or their family representative. During this early stage, the attorney will go to work immediately assembling a team to find out how the accident happened, interview witnesses, and preserve as much evidence as possible.

Making A Personal Injury Claim: Should I or Shouldn’t I?

The decision about whether or not to make a claim can usually wait until after the initial case investigation is completed by your personal injury attorney. Sometimes, insurance coverage exists. Sometimes, it does not. Most of the time, accident victims are not aware one way or the other of the coverage they have.

For example, personal injury protection (PIP) covers certain expenses such as medical costs and wage loss in almost any type of personal injury regardless of who is at fault. Similarly, many liability insurance policies contain medical costs coverage provisions that pay for medical expenses. These coverage provisions are there for the asking, but few lay people know that the coverage exists.

Making a Workers’ Compensation Claim: Should I or Shouldn’t I?

In the event of an on-the-job injury, decisions may need to be made on whether or not a “third party” claim should be made in a workers’ compensation case, an application be made for short or long-term disability benefits, or whether to file a tort claim notice if a public entity is responsible for an accident. These are all complicated legal questions that require the assistance of a personal injury attorney experienced in these areas. Victims that feel they may have multiple avenues to explore may want to choose a law firm that offers a wide range of legal services so that these various claims can be coordinated responsibly. There is great benefit to a firm having the ability to make “ancillary” claims aside from the primary personal injury claim, such as in the areas of Social Security, short and long-term disability, and workers’ compensation.

Repayment Services

In many cases, service providers may expect some repayment for services, and liens may be filed or claimed by medical insurance or workers’ compensation carriers. It is essential that an injured person fully understand their rights in regard to claimed repayments. An experienced personal injury lawyer will be able to provide you insight on your entitlement to insurance benefits and help you should these benefits be disputed.…

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Secrets of the Courtroom

Secrets of the Courtroom

Most people that have never been involved in a trial before have a complete misunderstanding of what exactly goes on in the courtroom. This is the case in large part because of how it is portrayed on television and in the media. There are a few misconceptions in particular that I hear a lot as a car accident attorney that I would like to clarify in this article. Here are a few realities of the courtroom that people who have not been involved in a personal injury case may not know.

Frivolous lawsuits never make it to trial: The term A�frivolous lawsuitA� is a buzzword that certain politicians and media personalities use a lot. It is also a term that insurance companies strive to popularize amongst the public. The reason for this is that it convinces juries in personal injury cases, that the victim of someone elseA�s negligence is being greedy. The fact of the matter, though, is that frivolous cases will never make it to trial. The legal system provides a lot of steps that a case must go through before trial that will get rid of any case that is frivolous. The defense can make a motion for something called A�summary judgment,A� which will attempt to dismiss a case based off of its pleadings. A judge hears the argument, and if the case is frivolous, it will be thrown out and never heard in court. If a case has made it to trial, you can be sure that it has likely survived summary judgment and is not frivolous.

A�InsuranceA� can never be uttered in the courtroom: Considering almost every injury case that makes it to court involves a defense by an insurance company, you would think that the word A�insuranceA� would be commonly used in a trial. However, despite the fact that it is the auto insurance company fighting the case, you are not allowed to use that word in court. The fear is that if a jury knows that an insurance company is involved, they will know that they have money to spend and will reward the victim with higher damages as a result. I personally believe that this is an antiquated rule that confuses the jury, and ends up doing more harm than good. The fact of the matter, though, is that this is the rule, and it is important for people involved in an accident case to understand this.

A case can be decided by a jury or a judge: A lot of people believe that every case is decided and awarded by a jury, but that is not always the case. Some trials can be heard and decided by only a judge, and this is known as a bench trial. In fact, the only way to get a jury trial is for one side to request one. Usually, the request for a jury is made by the insurance company, because they know that the misconceptions about frivolous lawsuits affect a jury much more than a judge.

Insurance Companies can demand an A�Independent Medical ExaminationA�: The insurance company has the right to compel the victim of an accident to undergo an independent examination by a doctor. This is known as an A�independent medical examination,A� but there is nothing A�independentA� about it. These doctors make a lot of money by seeing patients that insurance companies bring them, and it is expected that they will find a way to make an argument to lower or deny your case.…

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Harvard Law School

Personal Injury Lawyers – Know What Fees Are Relevant to Your Personal Injury

One of the first things I’m asked is how my fees work in personal injury cases. This is particularly important to people after an accident when they aren’t working and aren’t earning any income as a result of their accident. When your income stops due to a personal injury your life can quickly become overwhelmed with bills piling up and high levels of financial stress.
All lawyers have different fee structures. Some personal injury lawyers ask for money up front. Some lawyers charge their hourly rate as the case goes, and if you don’t pay that hourly rate, they won’t work. Some lawyers work on a contingency basis. It is to your benefit to hire a lawyer that can guarantee you excellent legal assistance without you paying heavy fees upfront. Only in this way can you feel secure that your case is strong enough for a law firm to take the chance of working on your case.
Though, from time to time, any good personal injury lawyer will need a retainer fee, this is usually not required. It is also to your best interested to provide all the information to your personal injury lawyer as quickly as possible: Information such as, the medical reports and findings of your injuries, and witnesses willing to go on record are also extremely important. The more information you can provide to your personal injury lawyer and the faster you can provide this information, the better and stronger your case becomes.
Contrary to popular belief, contingency fees are legal in Ontario. A contingency fee agreement means that the personal injury lawyer will not ask you for any fees until it settles. Once the case settles, your lawyer will take a percentage of the award to account for their fees. The lawyer takes a big risk in this sort of agreement because they risk not getting paid at all if they can’t recover anything for your settlement. But, this agreement is particularly good for the client and their family, because they don’t have to worry about paying their lawyer or funding the costs until the case is resolved.
Personal injury lawyers understand that it can be very difficult for accident victims to fund their cases; which is why many personal injury lawyers have embraced contingency fee agreements for their clients. This is very important, because it gives people who wouldn’t otherwise be able to afford the cost of a lawyer, access to the courts and access to justice.
Your ability to afford an injury lawyer must be easily available. Otherwise you will be unable to get the legal help you need to be compensated for your lost income, including your pain and suffering. It is crucial to hire a personal injury lawyer on a contingency fee basis; which means you don’t have to pay until your case settles.
In conclusion, finding a good lawyer and providing information quickly regarding your case is the best way to win your case. You can normally secure a contingency fee agreement without much trouble to allow you to relax and not worry about paying high upfront fees.…

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Could You Become a Conveyancing Solicitor?

Could You Become a Conveyancing Solicitor?

If you’re interested in becoming a conveyancing solicitor, discover more about the duties and responsibilities of this type of solicitor, and how you can get into conveyancing.

Conveyancing Solicitor Roles

This sort of solicitor ideals with the legal issues that occur during the buying and selling of property. They also communicate these issues with the vendor, purchaser and local authorities, so that the property sale or purchase takes place as quickly and as smoothly as possible.

The role of a conveyancing solicitor is to carry out what are known as local searches. Local searches involve establishing whether the property is subject to local authority proposals, leases, mortgages, land tax, susceptibility to flooding or subsidence, or liability for unsound building structures and repairs, and other aspects. In addition to this, there are some other duties which this type of solicitor will be involved with on a daily basis, such as:

o communicating with buyers, sellers, estate agents and local authorities regarding all aspects of the property sale or purchase.

o Liaising with mortgage lenders and other financial institutions to establish that the required finance is available.

o Obtaining and checking Land Registry documents and property title deeds.

o Helping to speed up the exchange of contracts and complete the transaction in a timely manner.

o Preparing the home information pack (HIP) if it is required.

Conveyancing Solicitor Qualifications

Under normal circumstances, candidates will be expected to have attained an honours degree at 2:1 level or a first. Those graduates who have a foundation degree or an HND, will not usually be considered to be suitable candidates. However, people with lower qualifications, can enter an appropriate training programme by qualifying as a Legal Executive first.

Graduates from all subjects, not just those with a law degree can become solicitors. Those people who haven’t studied for a law degree will need to complete a one year Common Professional Examination (CPE) or Graduate Diploma in Law (GDL). Many firms will acknowledge the experienceand usefulness which can be obtained by working in another profession, or having a degree in another subject.

After achieving either a law degree or the CPE/GDL qualification, candidates will then have to take the Legal Practice Course (LPC). After this, they will begin the two-year training contract with a law firm. After this, they can become fully qualified as a conveyancing solicitor.

Conveyancing Solicitor Personal Qualities

This type of legal work requires that a conveyancing solicitor must be highly organised, and have the capability to work to tight deadlines, and work well when under pressure. They also need to be commercially aware, and be able to process large amounts of information quickly and accurately, and so will require strong analytical skills.

Solicitors often work within teams, and because of the amount of contact they have with clients, financial institutions and local authorities, theyhave to have excellent teamwork, interpersonal and communication skills.

If you think that you could be a Conveyancing Solicitor, what are you waiting for?…

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Law School

Hiring a Criminal Defense Lawyer for a Felony: Important Facts to Know

Criminal defense lawyers know your life and liberty is greatly at risk of being cut down from a criminal felony charge. Even if you are criminally charged for a felony and not convicted you can still lose your job and suffer greatly from the social stigma. If charges have not been filed and you are being criminally investigated, now is the best time to hire a criminal defense lawyer. A lawyer will preserve evidence in your favor and bring it to the prosecutor’s or police’s attention before they file charges. In most cases it is much easier for a lawyer to prevent criminal charges from being filed then trying to get them dismissed after charges have been filed.
Criminal Defense Lawyers Protect You from the Government’s Power
If you have been arrested, indicted, or are being investigated for a criminal offense, you need an experienced criminal defense lawyer to protect your life. The earlier a criminal lawyer intercedes on your behalf, the better your chances of having a better result on your case. A criminal defense lawyer can protect rights you may not even be aware of in an investigation by police, prosecutor or detectives. It is very unusual and rare for a defendant charged with a serious crime to not benefit from having a private lawyer. A criminal defense lawyer will protect you from the government’s power and use of coercion, especially from overzealous prosecutors.
The Government Provides Public Defenders to Those Who Can’t Afford a Private Lawyer
Public defenders are lawyers that work for the government. Government-appointed lawyers are hired and paid by the state on a case-by-case basis. A public defender or appointed lawyer is made available to those not able to pay for a private lawyer. In such instances, you are not entitled to pick your lawyer, who may or may not have experience with your particular type of criminal law case.
You Have the Right to a Private Criminal Defense Lawyer
Private criminal defense lawyers having great case results are able to do so because they work with a team of top criminal lawyers, have a slew of experts and resources, and also have the necessary time to work on your case. All jurisdictions in the United States allow all persons to have a private criminal defense lawyer. It is your right, as stated in the United States constitution, to be represented by a lawyer for any type of case. You also have the right to a lawyer at any stage of the case, even before charges are filed and you are only questioned.
A Felony Charge Can Severely Hurt Your Life Forever
When convicted of a felony crime, whether you go to prison or not, your life may suffer serious consequences during imprisonment and after. Even if a criminal case is dismissed, when a case is filed, there is still a stain on the defendant’s record that may appear in a background check. No lawyer can stop your criminal record from showing up in an internet background check that comes up in seconds with the click of a button. A criminal conviction on your record will affect your ability to get any job, housing, obtaining a job license, getting a mortgage, higher education schooling, student loans, any government assistance programs and more. Furthermore, if you are convicted of a felony you are usually not eligible for low-income housing.
60% of Ex-Felons Remain Unemployed, Many Become Homeless
A 2007 study done by the National Institute of Justice found 60% of ex-felon offenders remain unemployed a year after their release. The California Department of Corrections and Rehabilitation states that 75% people convicted of a felony are unemployed. Many unemployed felons have a low quality of life as panhandlers, camp out on the street and the lucky ones stay in homeless shelters, and eat at soup kitchens. Being unemployed makes a former criminal offender more likely to commit a crime and land right back in prison. The facts are clear, once you have been convicted of a crime you may end up revolving in and out of prison for the rest of your life or homeless.
Criminal Law is Not for Amateurs, it is Very Complex and Challenging
Criminal law is extremely lengthy and not for the feeble-minded. Aside from the intricacy of laws concerning criminal charges there exist laws regarding evidence, there are legal procedures, and deadlines strategically used by criminal defense lawyers. One innocent mistake by a lawyer not experienced in serious criminal defense, like missing a deadline or not responding in the required time period could cost you greatly and cause irreversible grave damage to your case. An experienced criminal defense lawyer will be able to assess the proper legal path to take throughout the case. A lawyer will also have the ability to …