Author : Susan Chana Lask
The "arraignment" process involves:Being brought before a Judge in the courtroomReceiving the " criminal complaint" with the crimes charged and the factual basis to each chargeThe District Attorney requesting bail or releasing you on your own recognizance (called "ROR")Pleading guilty or not guiltyThe process starts when the court officer brings you from the cell in the back of the courtroom and into the courtroom before the Judge.If you were unable to contact your family, friends or an attorney when you were arrested then most likely the court will have a Legal Aid attorney appear for you. Legal Aid attorneys are in the courtroom at all times to defend the poor, and most times to appear for the unrepresented.Usually there will be about three attorneys from the District Attorney's office in the courtroom. One of them will read the charges against you and request the court to impose bail at a certain amount or no bail. If no bail is demanded by the District Attorney then you will hear the word "ROR", which means "return on your own recognizance".Bail is determined according to the crime and your personal information. At arraignment the District Attorney will have your personal information obtained from their computer searches on you. They call this your " rap sheet". It will include information about you, such as:Any Prior convictionsAny arrests at anytimeAny pleas to prior arrests ParoleProbationIf your rap sheet is clear of any crimes and this is your first arrest, chances are good that there will be no bail set against you. But even if your rap sheet is clear, if the crime you're charged with is serious (such as involving a large amount of stolen money or violence), bail can be set against you. There are different factors affecting the setting of bail against you, and all are considered by the judge in a matter of minutes.If the District Attorney requests bail, your attorney should argue that:You're not a flight riskYou have family, friends and a job in the state or locallyThe charges against you are improper in some way.Your attorney may even get the whole case dismissed if the District Attorney's criminal complaint against you is not properly drafted or signed by a proper party.Getting The Complaint Dismissed At ArraignmentThe District Attorney drafts the criminal complaint against you from information received from the arresting officer and the victim of the crime. While you're being processed through the Precinct and Central Booking, the arresting officer will fax his paperwork and information regarding your arrest and charges to the District Attorney's office. Someone in the District Attorney's office will then call the victim and get more information so they can properly draft the complaint.The complaint needs to be signed under oath by the arresting officer or the victim. If it is not signed by anyone when you appear at your arraignment then it is not "corroborated" and must be dismissed. So check out who signed the complaint: if it was a person other than the arresting officer or the victim then the complaint should be dismissed.Lastly, if the facts of the complaint do not establish each legal element of the crime charged, or the complaint is poorly drafted then it should be dismissed however, the court usually will give the District Attorney a few weeks to file a properly drafted complaint.Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
©2004 Susan Chana Lask All Rights ReservedAbout The AuthorSusan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title "High-Powered" New York attorney. She can be reached at www.appellate-brief.com.sue@aol.com
Keyword : arraignment,criminal,court,judge,jury,new york court,new york legal,legal,laws,crime
วันเสาร์ที่ 8 มีนาคม พ.ศ. 2551
State Citizenship Is Alive And Well
Author : Dan Goodman
Did the 14th Amendment do away with State Citizenship?"The Fourteenth Amendment of the Constitution of the United States, ratified in 1868, creates or at least recognizes for the first time a citizenship of the United States, as distinct from that of the states." Black's Law Dictionary, 5th Edition, p. 591 [1979].The answer is absolutely not.In fact the leading and controlling case on State Citizenship and United States Citizenship is the Supreme Court case, The Slaughter-House Cases (16 Wallace 36: 21 L.Ed. 394 [1873]). In this case, the Supreme Court distinguishes between State Citizenship and United States Citizenship."It is quite clear, then, that there is a citizenship of the United States and a citizenship of a state, which are distinct from each other and which depend upon different characteristics of the individual." The Slaughter-House Cases: 83 U.S. 36, 74."The importance of the case can hardly be overestimated. By distinguishing between state citizenship and national citizenship and by emphasizing that the rights and privileges of federal citizenship do not include the protection of ordinary civil liberties such as freedom of speech and press, religion, etc., but only the privileges which one enjoys by virtue of his federal citizenship, the Court averted, for the time being at least, the revolution in our constitutional system apparently intended by the framers of the amendment and reserved to the states the responsibility for protecting civil rights generally." Cases In Constitutional Law by Robert F. Cushman, 5th Edition, pp. 250-251 (College Law Textbook) [1979]."Citizenship is elaborated in two privileges and immunities clauses of the United States Constitution. . . . The Slaughter-House Cases [1873] 83 U.S. 36, 21 L.Ed. 394, emphasized the distinct character of federal and state citizenship. Slaughter-House held that privileges and immunities conferred by state citizenship were outside federal reach through the Fourteenth Amendment. . . . Federal citizenship was seen as including only such things as interstate travel and voting. While subsequent decisions have extended the meaning of citizenship in the Fourteenth Amendment, Slaughter-House is still controlling in that it precludes use of privileges and immunities language in protecting citizens by federal authority." Constitutional Law Deskbook - Individual Rights, by Chandler, Enslen, Renstrom; Second Edition, p. 634 (Lawyers Cooperative Publishing, 1993)."The Fourteenth Amendment did not obliterate the distinction between national and state citizenship, but rather preserved it. Slaughter-House Cases." 103d Congress, 1st Session, Document 103-6: The Constitution of the United States of America; Analysis And Interpretation: Annotations Of Cases Decided By The Supreme Court Of The United States To June 29, 1992, p. 1566. 1In addition, the Supreme Court in The Slaughter-House Cases concluded that there are two citizens under the Constitution of the United States:"The next observation is more important in view of the arguments of counsel in the present case. It is, that the distinction between citizenship of the United States and citizenship of a State is clearly recognized and established.It is quite clear, then, that there is a citizenship of the United States, and a citizenship of a State, which are distinct from each other, and which depend upon different characteristics or circumstances in the individual.We think this distinction and its explicit recognition in this Amendment of great weight in this argument, because the next paragraph of this same section, which is the one mainly relied on by the plaintiffs in error, speaks only of privileges and immunities of citizens of the United States, and does not speak of those of citizens of the several States. The argument, however, in favor of the plaintiffs rests wholly on the assumption that the citizenship is the same, and the privileges and immunities guaranteed by the clause are the same.The language is, 'No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.' It is a little remarkable, if this clause was intended as a protection to the citizen of a State against the legislative power of his own State, that the word citizen of the State should be left out when it is so carefully used, and used in contradistinction to citizens of the United States, in the very sentence which precedes it. It is too clear for argument that the change in phraseology was adopted understandingly and with a purpose.Of the privileges and immunities of the citizen of the United States, and of the privileges and immunities of the citizen of the State, and what they respectively are, we will presently consider; but we wish to state here that it is only the former which are placed by this clause under the protection of the Federal Constitution, and that the latter, whatever they may be, are not intended to have any additional protection by this paragraph of the amendment." The Slaughter-House Cases: 83 U.S. 36, at 73-74."The expression, Citizen of a State, is carefully omitted here. In Article IV, Section 2, Clause 1, of the Constitution of the United States, it had been already provided that 'the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.' The rights of Citizens of the States [under Article IV, Section 2, Clause 1] and of citizens of the United States [under The Fourteenth Amendment] are each guarded by these different provisions. That these rights are separate and distinct, was held in the Slaughterhouse Cases, recently decided by the Supreme court. The rights of Citizens of the State, as such, are not under consideration in the Fourteenth Amendment. They stand as they did before the adoption of the Fourteenth Amendment, and are fully guaranteed by other provisions." United States v. Anthony: 24 Fed. Cas. 829, 830 (Case No. 14,459) [1873]. 2"This provision [The Fourteenth Amendment] protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship. See Slaughter-House Cases 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1873)." Jones v. Temmer: 829 F.Supp. 1226, 1232 [1993]."In regard to that amendment [The Fourteenth Amendment] counsel for the plaintiff in this court truly says that there are certain privileges and immunities which belong to a citizen of the United States as such; otherwise it would be nonsense for the Fourteenth Amendment to prohibit a State from abridging them, and he proceeds to argue that admission to the bar of a State of a person who possesses the requisite learning and character is one of those which a State may not deny. In this latter proposition we are not able to concur with counsel. We agree with him that there are privileges and immunities belonging to citizens of the United States, in that relation and character, and that it is these and these alone which a State is forbidden to abridge. But the right to admission to practice in the courts of a State is not one of them. This right in no sense depends on citizenship of the United States. It has not, as far as we know, ever been made in any State, or in any case, to depend on citizenship at all. Certainly many prominent and distinguished lawyers have been admitted to practice, both in the State and Federal courts, who were not citizens of the United States or of any State. But, on whatever basis this right may be placed, so far as it can have any relation to citizenship at all, it would seem that, as to the courts of a State, it would relate to citizenship of the State, and as to Federal courts,
it would relate to citizenship of the United States.The opinion just delivered in the Slaughter-House Cases renders elaborate argument in the present case unnecessary; for, unless we are wholly and radically mistaken in the principles on which those cases are decided, the right to control and regulate the granting of license to practice law in the courts of a State is one of those powers which are not transferred for its protection to the Federal government, and its exercise is in no manner governed or controlled by citizenship of the United States in the party seeking such license.It is unnecessary to repeat the argument on which the judgment in those cases is founded. It is sufficient to say they are conclusive of the present case." Bradwell v. State of Illinios: 83 U.S 130, at 138-139 [1873] 3Therefore, State citizenship and United States citizenship are provided for in the Constitution of the United States. A citizen of a state is to be found at Article IV, Section 2, Clause 1 of the Constitution of the United States whereas a citizen of the United States is located at the Fourteenth Amendment._________________________________1 "... [U]ndoubtedly in a purely technical and abstract sense citizenship of one of the states may not include citizenship of the United States." United States v. Northwestern Express, Stage & Transportation Company: 164 U.S. 686, 688 [1897] get case2 "Appellant does not invoke the commerce clause, and is neither a citizen of a state nor of the United States within the protection of the privileges and immunities clauses of Article IV, Section 2 of the Constitution and the Fourteenth Amendment. Paul v. Virginia, 8 Wall. (US) 168, 177, 19 L ed 357, 359; Pembina Consol. Silver Mining & Milling Co. v. Pennsylvania, 125 U.S. 181, 187, 31 L ed 650, 653, 8 S.Ct. 737, 740, 2 Inters Com Rep 24; Selover, B. & Co. v. Walsh, 226 U.S. 112, 126, 57 L ed 146, 152, 33 S.Ct. 69, 72." Asbury Hospital v. Cass County N.D.: 326 U.S. 207, 210-211 [1945] get case3 This case was decided one day after The Slaughter-House Cases (Slaughter-House, April 14, 1873; Bradwell, April 15, 1873). This is a practice of the Supreme Court of taking a legal principle decided the day before and changing its status. The status of the legal principle before was that of stare decisis or settled, its new status is that of being well settled.© Copyright 2005 Daniel Joseph GoodmanQuestions? Comments! xGoodmanx@excite.comDan Goodman, known as J.D. Goodman or "J.D." is a legal researcher. Other articles authored by "J.D." relating to the area of law are, How Well Do You The Constitution and Is The Bill Of Rights Necessary?.Like doing your own legal research. I invite you to try my website, The Legal Connection, at http://www.angelfire.com/nb/thelegalconn/index.htm.This article is written to provide accurate and authoritative information in regard to the subject matter covered. It is written with the understanding that the author is not engaged in rendering legal, accounting, or, other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought.The author, therefore, disclaims any responsibility for any liability or loss incurred as a consequence of the use and application, either directly or indirectly of any information presented herein.
Keyword : Law, Constitution, 14th Amendment, The Slaughter-House Cases, State Citizenship, Citizen of a State
Did the 14th Amendment do away with State Citizenship?"The Fourteenth Amendment of the Constitution of the United States, ratified in 1868, creates or at least recognizes for the first time a citizenship of the United States, as distinct from that of the states." Black's Law Dictionary, 5th Edition, p. 591 [1979].The answer is absolutely not.In fact the leading and controlling case on State Citizenship and United States Citizenship is the Supreme Court case, The Slaughter-House Cases (16 Wallace 36: 21 L.Ed. 394 [1873]). In this case, the Supreme Court distinguishes between State Citizenship and United States Citizenship."It is quite clear, then, that there is a citizenship of the United States and a citizenship of a state, which are distinct from each other and which depend upon different characteristics of the individual." The Slaughter-House Cases: 83 U.S. 36, 74."The importance of the case can hardly be overestimated. By distinguishing between state citizenship and national citizenship and by emphasizing that the rights and privileges of federal citizenship do not include the protection of ordinary civil liberties such as freedom of speech and press, religion, etc., but only the privileges which one enjoys by virtue of his federal citizenship, the Court averted, for the time being at least, the revolution in our constitutional system apparently intended by the framers of the amendment and reserved to the states the responsibility for protecting civil rights generally." Cases In Constitutional Law by Robert F. Cushman, 5th Edition, pp. 250-251 (College Law Textbook) [1979]."Citizenship is elaborated in two privileges and immunities clauses of the United States Constitution. . . . The Slaughter-House Cases [1873] 83 U.S. 36, 21 L.Ed. 394, emphasized the distinct character of federal and state citizenship. Slaughter-House held that privileges and immunities conferred by state citizenship were outside federal reach through the Fourteenth Amendment. . . . Federal citizenship was seen as including only such things as interstate travel and voting. While subsequent decisions have extended the meaning of citizenship in the Fourteenth Amendment, Slaughter-House is still controlling in that it precludes use of privileges and immunities language in protecting citizens by federal authority." Constitutional Law Deskbook - Individual Rights, by Chandler, Enslen, Renstrom; Second Edition, p. 634 (Lawyers Cooperative Publishing, 1993)."The Fourteenth Amendment did not obliterate the distinction between national and state citizenship, but rather preserved it. Slaughter-House Cases." 103d Congress, 1st Session, Document 103-6: The Constitution of the United States of America; Analysis And Interpretation: Annotations Of Cases Decided By The Supreme Court Of The United States To June 29, 1992, p. 1566. 1In addition, the Supreme Court in The Slaughter-House Cases concluded that there are two citizens under the Constitution of the United States:"The next observation is more important in view of the arguments of counsel in the present case. It is, that the distinction between citizenship of the United States and citizenship of a State is clearly recognized and established.It is quite clear, then, that there is a citizenship of the United States, and a citizenship of a State, which are distinct from each other, and which depend upon different characteristics or circumstances in the individual.We think this distinction and its explicit recognition in this Amendment of great weight in this argument, because the next paragraph of this same section, which is the one mainly relied on by the plaintiffs in error, speaks only of privileges and immunities of citizens of the United States, and does not speak of those of citizens of the several States. The argument, however, in favor of the plaintiffs rests wholly on the assumption that the citizenship is the same, and the privileges and immunities guaranteed by the clause are the same.The language is, 'No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.' It is a little remarkable, if this clause was intended as a protection to the citizen of a State against the legislative power of his own State, that the word citizen of the State should be left out when it is so carefully used, and used in contradistinction to citizens of the United States, in the very sentence which precedes it. It is too clear for argument that the change in phraseology was adopted understandingly and with a purpose.Of the privileges and immunities of the citizen of the United States, and of the privileges and immunities of the citizen of the State, and what they respectively are, we will presently consider; but we wish to state here that it is only the former which are placed by this clause under the protection of the Federal Constitution, and that the latter, whatever they may be, are not intended to have any additional protection by this paragraph of the amendment." The Slaughter-House Cases: 83 U.S. 36, at 73-74."The expression, Citizen of a State, is carefully omitted here. In Article IV, Section 2, Clause 1, of the Constitution of the United States, it had been already provided that 'the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.' The rights of Citizens of the States [under Article IV, Section 2, Clause 1] and of citizens of the United States [under The Fourteenth Amendment] are each guarded by these different provisions. That these rights are separate and distinct, was held in the Slaughterhouse Cases, recently decided by the Supreme court. The rights of Citizens of the State, as such, are not under consideration in the Fourteenth Amendment. They stand as they did before the adoption of the Fourteenth Amendment, and are fully guaranteed by other provisions." United States v. Anthony: 24 Fed. Cas. 829, 830 (Case No. 14,459) [1873]. 2"This provision [The Fourteenth Amendment] protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship. See Slaughter-House Cases 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1873)." Jones v. Temmer: 829 F.Supp. 1226, 1232 [1993]."In regard to that amendment [The Fourteenth Amendment] counsel for the plaintiff in this court truly says that there are certain privileges and immunities which belong to a citizen of the United States as such; otherwise it would be nonsense for the Fourteenth Amendment to prohibit a State from abridging them, and he proceeds to argue that admission to the bar of a State of a person who possesses the requisite learning and character is one of those which a State may not deny. In this latter proposition we are not able to concur with counsel. We agree with him that there are privileges and immunities belonging to citizens of the United States, in that relation and character, and that it is these and these alone which a State is forbidden to abridge. But the right to admission to practice in the courts of a State is not one of them. This right in no sense depends on citizenship of the United States. It has not, as far as we know, ever been made in any State, or in any case, to depend on citizenship at all. Certainly many prominent and distinguished lawyers have been admitted to practice, both in the State and Federal courts, who were not citizens of the United States or of any State. But, on whatever basis this right may be placed, so far as it can have any relation to citizenship at all, it would seem that, as to the courts of a State, it would relate to citizenship of the State, and as to Federal courts,
it would relate to citizenship of the United States.The opinion just delivered in the Slaughter-House Cases renders elaborate argument in the present case unnecessary; for, unless we are wholly and radically mistaken in the principles on which those cases are decided, the right to control and regulate the granting of license to practice law in the courts of a State is one of those powers which are not transferred for its protection to the Federal government, and its exercise is in no manner governed or controlled by citizenship of the United States in the party seeking such license.It is unnecessary to repeat the argument on which the judgment in those cases is founded. It is sufficient to say they are conclusive of the present case." Bradwell v. State of Illinios: 83 U.S 130, at 138-139 [1873] 3Therefore, State citizenship and United States citizenship are provided for in the Constitution of the United States. A citizen of a state is to be found at Article IV, Section 2, Clause 1 of the Constitution of the United States whereas a citizen of the United States is located at the Fourteenth Amendment._________________________________1 "... [U]ndoubtedly in a purely technical and abstract sense citizenship of one of the states may not include citizenship of the United States." United States v. Northwestern Express, Stage & Transportation Company: 164 U.S. 686, 688 [1897] get case2 "Appellant does not invoke the commerce clause, and is neither a citizen of a state nor of the United States within the protection of the privileges and immunities clauses of Article IV, Section 2 of the Constitution and the Fourteenth Amendment. Paul v. Virginia, 8 Wall. (US) 168, 177, 19 L ed 357, 359; Pembina Consol. Silver Mining & Milling Co. v. Pennsylvania, 125 U.S. 181, 187, 31 L ed 650, 653, 8 S.Ct. 737, 740, 2 Inters Com Rep 24; Selover, B. & Co. v. Walsh, 226 U.S. 112, 126, 57 L ed 146, 152, 33 S.Ct. 69, 72." Asbury Hospital v. Cass County N.D.: 326 U.S. 207, 210-211 [1945] get case3 This case was decided one day after The Slaughter-House Cases (Slaughter-House, April 14, 1873; Bradwell, April 15, 1873). This is a practice of the Supreme Court of taking a legal principle decided the day before and changing its status. The status of the legal principle before was that of stare decisis or settled, its new status is that of being well settled.© Copyright 2005 Daniel Joseph GoodmanQuestions? Comments! xGoodmanx@excite.comDan Goodman, known as J.D. Goodman or "J.D." is a legal researcher. Other articles authored by "J.D." relating to the area of law are, How Well Do You The Constitution and Is The Bill Of Rights Necessary?.Like doing your own legal research. I invite you to try my website, The Legal Connection, at http://www.angelfire.com/nb/thelegalconn/index.htm.This article is written to provide accurate and authoritative information in regard to the subject matter covered. It is written with the understanding that the author is not engaged in rendering legal, accounting, or, other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought.The author, therefore, disclaims any responsibility for any liability or loss incurred as a consequence of the use and application, either directly or indirectly of any information presented herein.
Keyword : Law, Constitution, 14th Amendment, The Slaughter-House Cases, State Citizenship, Citizen of a State
In Virginia, Can You Get Lifetime Workers' Compensation Due to a Work Place Injury?
Author : Jerry Lutkenhaus
In Virginia, the normal work place injury claim only allows you 500 weeks of compensation. Of course, in order to be paid this 500 weeks of compensation, you either have to show you are "totally disabled" or that you are "partially disabled" and cannot get a light duty job due to your "partial disability."But what happens when you are still "totally disabled" and the 500 weeks expires? Virginia does allow some cases to go for payment of compensation for your lifetime. These fall into two areas. First, if your accident has caused an injury to the brain so severe as to render you unemployable, then you can receive lifetime compensation. Second, if your accident has caused the loss of both eyes, both legs, both arms, both hands, or any combination of two of the above, then you can receive lifetime compensation.The Virginia Workers' Compensation has decided the injured worker does not have to show total loss of two members. It suffices to show a permanent ratable loss of use of two members and proof that the injured members cannot be used "gainfully" in employment. Thus, if one can show the work place accident caused a back injury which was so severe that it caused a permanent loss of use both legs, then one has a chance of obtaining lifetime compensation. This is an area that is fruitful for claims and litigation since back injuries are a very common type of injury. A doctor would have to be of the opinion that under the AMA Guide to Permanent Impairments the injured worker has suffered a ratable loss of each leg due to the work place injury. There is no bright line test regarding how high the rating has to be; however, the higher the rating the better chance the injured worker has to obtain lifetime compensation. For example, a back injury that caused more than a 40% loss of the use of both legs could stand a fair chance if there also was a good opinion that the injured worker's legs due to this loss could not be used in "gainful employment."Of course, since the worker is asking for lifetime compensation, the workers' compensation insurance company will often fight these cases very vigorously. As a result, it often can come down to a battle of experts regarding (1) whether the back injury has caused a loss of use of the worker's legs; (2) what is the proper permanent ratable loss of the worker's legs; and (3) whether there is or is not some work the worker could do involving his injured legs (or arms). The Virginia Workers' Compensation will conduct a hearing and render a decision. If either party is unhappy with the result, then that decision can be appealed from the Hearing Deputy Commissioner to the Three Commissioners who run the Commission. Finally, after the Three Commissioners have made their ruling there is a further appeal to the Virginia Court of Appeals.In my experience, there is a chance to win this type of case but it does entail having a very severe injury.This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia.This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Gerald G. Lutkenhaus---practitioner of workers' compensation law in the Richmond, Virginia area for over 30 years and who was recognized in a July 1999 survey in Richmond Magazine as one of the best attorneys for workers' compensation in the Central Virgina area, and who was given an "AV" rating by Martindale Hubbell in 2003. For more information, see our websites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com
Keyword : virginia work place brain injury, virginia workers compensation lawyer, virginia disability attorney
In Virginia, the normal work place injury claim only allows you 500 weeks of compensation. Of course, in order to be paid this 500 weeks of compensation, you either have to show you are "totally disabled" or that you are "partially disabled" and cannot get a light duty job due to your "partial disability."But what happens when you are still "totally disabled" and the 500 weeks expires? Virginia does allow some cases to go for payment of compensation for your lifetime. These fall into two areas. First, if your accident has caused an injury to the brain so severe as to render you unemployable, then you can receive lifetime compensation. Second, if your accident has caused the loss of both eyes, both legs, both arms, both hands, or any combination of two of the above, then you can receive lifetime compensation.The Virginia Workers' Compensation has decided the injured worker does not have to show total loss of two members. It suffices to show a permanent ratable loss of use of two members and proof that the injured members cannot be used "gainfully" in employment. Thus, if one can show the work place accident caused a back injury which was so severe that it caused a permanent loss of use both legs, then one has a chance of obtaining lifetime compensation. This is an area that is fruitful for claims and litigation since back injuries are a very common type of injury. A doctor would have to be of the opinion that under the AMA Guide to Permanent Impairments the injured worker has suffered a ratable loss of each leg due to the work place injury. There is no bright line test regarding how high the rating has to be; however, the higher the rating the better chance the injured worker has to obtain lifetime compensation. For example, a back injury that caused more than a 40% loss of the use of both legs could stand a fair chance if there also was a good opinion that the injured worker's legs due to this loss could not be used in "gainful employment."Of course, since the worker is asking for lifetime compensation, the workers' compensation insurance company will often fight these cases very vigorously. As a result, it often can come down to a battle of experts regarding (1) whether the back injury has caused a loss of use of the worker's legs; (2) what is the proper permanent ratable loss of the worker's legs; and (3) whether there is or is not some work the worker could do involving his injured legs (or arms). The Virginia Workers' Compensation will conduct a hearing and render a decision. If either party is unhappy with the result, then that decision can be appealed from the Hearing Deputy Commissioner to the Three Commissioners who run the Commission. Finally, after the Three Commissioners have made their ruling there is a further appeal to the Virginia Court of Appeals.In my experience, there is a chance to win this type of case but it does entail having a very severe injury.This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia.This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Gerald G. Lutkenhaus---practitioner of workers' compensation law in the Richmond, Virginia area for over 30 years and who was recognized in a July 1999 survey in Richmond Magazine as one of the best attorneys for workers' compensation in the Central Virgina area, and who was given an "AV" rating by Martindale Hubbell in 2003. For more information, see our websites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com
Keyword : virginia work place brain injury, virginia workers compensation lawyer, virginia disability attorney
Class Action Lawsuit Advice
Author : Anna Henningsgaard
Just last week I received a letter in the mail informing me that I was a member of a class action lawsuit against Apple's hip iPods. Apparently the portable music devices had experienced battery failure on a massive scale, the letter said, and I could do one of two things. I could accept the settlement offer and sign away my own right to sue Apple individually about the battery, or I could opt-out. If I signed, Apple offered to give me a $50 gift certificate to the Apple store. After speaking with my lawyer, I signed the sheet.Was that the right thing to do? I think it's safe to say that we have all been, or will all be, holding a similar letter regarding another product at some point. If we don't immediately discard what appears to be junk mail, the class action notice can be sound so complicated as to induce panic. In this panic, the second wave of valuable letters hit the trash cans. Of all our options, this is probably the least advised. You stand to lose nothing by participating in a class action lawsuit and could gain a great deal, especially if you value justice and corporate responsibility.So what is a class action lawsuit and why are they contacting me? Class action lawsuits are supposed to give common, everyday people the ability to take on large corporations with reasonable expectations for justice. After all, one middle class guy alone would be squashed by Apple's top-notch lawyers. He might not have lost very much, maybe he has to recharge his iPod a couple extra times a day, but you can be sure that Apple saved millions of dollars between this battery and the next best option. They took a shortcut, and the battery failed. The class action lawsuit allows Apple (and this is just an example) to pay a little bit back to a whole lot of people.I was lucky, because Apple was already settling the case when I received the letter. There were no big legal battles, nothing drawn out. If the case goes to court, class action members must sign in or out at the beginning. If you don't sign, you're still in the lawsuit, and bound by the terms of judgment. Only by specifically opting out of the class action lawsuit can you disassociate yourself from it. If you opt out you will not receive any of the rewards at the end, but you reserve the right to file your own lawsuit later. The time period available for making this choice is small, which leaves you very little time to seek legal council. If you can, do so! Lawyers can be expensive, but the costs should be covered should your side with the settlement and an initial consultation can be invaluable in making your decision. This should not be a gamble but a carefully informed choice.Receiving a letter in the mail or reading a published announcement about a class action lawsuit is the easy part. What happens if you have a problem, you observe that your neighbors have the same problem, and the company in question won't respond? This is the point when you call a lawyer and begin your own class action lawsuit. Your lawyer will call theirs and I guarantee, a company that does not respond to your individual phone calls will hear their lawyer. Filing a class action lawsuit is not the easiest thing to do, but sometimes it is the only way to establish justice for consumers. When my iPod battery failed three years ago I did not consider class action as an option, but I am very grateful that some brave individual took it upon himself to pursue the lawsuit. I now have more confidence in Apple for offering an easy settlement for their defective product and more confidence in the judicial system.If you have any questions about participating in a class action lawsuit, contact an experienced class action attorney to discuss your case.If you use this article, please include these links. http://www.hugesettlements.com
Keyword : class action,lawsuit,settlement,lawyer,attorney,class action lawyer,ipod class action
Just last week I received a letter in the mail informing me that I was a member of a class action lawsuit against Apple's hip iPods. Apparently the portable music devices had experienced battery failure on a massive scale, the letter said, and I could do one of two things. I could accept the settlement offer and sign away my own right to sue Apple individually about the battery, or I could opt-out. If I signed, Apple offered to give me a $50 gift certificate to the Apple store. After speaking with my lawyer, I signed the sheet.Was that the right thing to do? I think it's safe to say that we have all been, or will all be, holding a similar letter regarding another product at some point. If we don't immediately discard what appears to be junk mail, the class action notice can be sound so complicated as to induce panic. In this panic, the second wave of valuable letters hit the trash cans. Of all our options, this is probably the least advised. You stand to lose nothing by participating in a class action lawsuit and could gain a great deal, especially if you value justice and corporate responsibility.So what is a class action lawsuit and why are they contacting me? Class action lawsuits are supposed to give common, everyday people the ability to take on large corporations with reasonable expectations for justice. After all, one middle class guy alone would be squashed by Apple's top-notch lawyers. He might not have lost very much, maybe he has to recharge his iPod a couple extra times a day, but you can be sure that Apple saved millions of dollars between this battery and the next best option. They took a shortcut, and the battery failed. The class action lawsuit allows Apple (and this is just an example) to pay a little bit back to a whole lot of people.I was lucky, because Apple was already settling the case when I received the letter. There were no big legal battles, nothing drawn out. If the case goes to court, class action members must sign in or out at the beginning. If you don't sign, you're still in the lawsuit, and bound by the terms of judgment. Only by specifically opting out of the class action lawsuit can you disassociate yourself from it. If you opt out you will not receive any of the rewards at the end, but you reserve the right to file your own lawsuit later. The time period available for making this choice is small, which leaves you very little time to seek legal council. If you can, do so! Lawyers can be expensive, but the costs should be covered should your side with the settlement and an initial consultation can be invaluable in making your decision. This should not be a gamble but a carefully informed choice.Receiving a letter in the mail or reading a published announcement about a class action lawsuit is the easy part. What happens if you have a problem, you observe that your neighbors have the same problem, and the company in question won't respond? This is the point when you call a lawyer and begin your own class action lawsuit. Your lawyer will call theirs and I guarantee, a company that does not respond to your individual phone calls will hear their lawyer. Filing a class action lawsuit is not the easiest thing to do, but sometimes it is the only way to establish justice for consumers. When my iPod battery failed three years ago I did not consider class action as an option, but I am very grateful that some brave individual took it upon himself to pursue the lawsuit. I now have more confidence in Apple for offering an easy settlement for their defective product and more confidence in the judicial system.If you have any questions about participating in a class action lawsuit, contact an experienced class action attorney to discuss your case.If you use this article, please include these links. http://www.hugesettlements.com
Keyword : class action,lawsuit,settlement,lawyer,attorney,class action lawyer,ipod class action
The Role of a Public Defender
Author : Gil Mart Abareta
When you've been wrongly accused of a certain crime and been prosecuted, you'll certainly need the legal help and assistance of a public defender especially when you can't afford to pay for the legal fees and bills covering the consultations, gathering of evidences, and actual proceedings regarding the case. However, getting a public defender is not that easy. You also have to go through a somewhat-rigorous process.The role of a criminal defense attorney is really complex. He can challenge probable cause for arrest, argue in favor of being released on your own recognizance or on very low bail, negotiate plea bargains with prosecutors, discuss the pros and cons of going to trial, and discuss the advantages and disadvantages of pleading guilty instead of going to trial. These things are what a public attorney can offer you when you're in the same circumstances.As what I've said, getting the service of a public attorney from a public attorney's office is not so simple. You have to go through a careful evaluation of your financial assets, properties, incomes and debts to determine if you are eligible for representation by a public attorney. And, if you can't afford to hire a lawyer from the private legal community, the court will automatically appoint a government-paid lawyer to represent you.Being freed from the payment of your legal fees is not the only advantage in hiring a public defender. With regards to a public defender's capabilities, you can consider him as the "perfect knights for justice" because he is very efficient at sizing up your case and presenting an acceptable plea bargain deal to the prosecutor and judge. Additionally, he is updated on new laws and legal theories in his area of specialty. As a result, you may be done with the criminal process and on with the rest of your life sooner than if you were represented by a private attorney.Regarding the drawbacks, you have to know that a government-paid lawyer often has a huge overload of cases so he can't devote a lot of time to a certain lawsuit. He also often lacks office equipment and adequate research access, and can't afford to hire investigators to properly flesh out your case. As a result, you may have little or no access to your lawyer except during actual court hearings.With all these, the decision is still left for you to decide on if you'll want a public defender to back you up in your case or not.For comments and questions about the article, you may visit http://www.mesrianilaw.com
Keyword : role, public, defender
When you've been wrongly accused of a certain crime and been prosecuted, you'll certainly need the legal help and assistance of a public defender especially when you can't afford to pay for the legal fees and bills covering the consultations, gathering of evidences, and actual proceedings regarding the case. However, getting a public defender is not that easy. You also have to go through a somewhat-rigorous process.The role of a criminal defense attorney is really complex. He can challenge probable cause for arrest, argue in favor of being released on your own recognizance or on very low bail, negotiate plea bargains with prosecutors, discuss the pros and cons of going to trial, and discuss the advantages and disadvantages of pleading guilty instead of going to trial. These things are what a public attorney can offer you when you're in the same circumstances.As what I've said, getting the service of a public attorney from a public attorney's office is not so simple. You have to go through a careful evaluation of your financial assets, properties, incomes and debts to determine if you are eligible for representation by a public attorney. And, if you can't afford to hire a lawyer from the private legal community, the court will automatically appoint a government-paid lawyer to represent you.Being freed from the payment of your legal fees is not the only advantage in hiring a public defender. With regards to a public defender's capabilities, you can consider him as the "perfect knights for justice" because he is very efficient at sizing up your case and presenting an acceptable plea bargain deal to the prosecutor and judge. Additionally, he is updated on new laws and legal theories in his area of specialty. As a result, you may be done with the criminal process and on with the rest of your life sooner than if you were represented by a private attorney.Regarding the drawbacks, you have to know that a government-paid lawyer often has a huge overload of cases so he can't devote a lot of time to a certain lawsuit. He also often lacks office equipment and adequate research access, and can't afford to hire investigators to properly flesh out your case. As a result, you may have little or no access to your lawyer except during actual court hearings.With all these, the decision is still left for you to decide on if you'll want a public defender to back you up in your case or not.For comments and questions about the article, you may visit http://www.mesrianilaw.com
Keyword : role, public, defender
Workers' Compensation in Michigan
Author : Mike Mahon
Workers' Compensation is a state-regulated insurance program that pays medical bills and replaces some lost wages for employees who are injured at work or who have work-related diseases, injuries, or illness. In Michigan workers' compensation provides medical, income, death and burial benefits.Even though all employers in the State of Michigan are legally required to carry worker's compensation insurance, it doesn't necessarily mean the claims will be handled appropriately.There are exceptions to the rule, too. For example, farms and farmers are exempt under Michigan WCA (Workers' Compensation Act) guidelines. Named partners and officers of partnerships and corporations may also be exempt even though their employees must be covered.Workers' compensation is specifically designed to only cover injuries that "arise out of and in the course of the employment." In most cases, it is obvious whether or not the injury occurred at work. However, there may be occasions when an employee is away from the office on company business and a covered injury occurs. This does not apply to traveling to or from work.Injuries may also be covered if an employee is hurt while employees are "horsing around". But, as mentioned earlier, there are exceptions and limitations to this type of claim.There can also be deadlines for filing and responding. Missing a deadline could potentially cost you benefits. Should an employer incorrectly file the claim, giving you more benefits that you are actually due; future benefits may be reduced – again, costing you, the employee.As you can see, workers' compensation claims can be very complex. You never want to sign or agree to anything until you have an experienced workers' compensation attorney review the claim, the process and potential outcome.For more information on workers' compensation in Michigan, please contact the personal injury attorneys at Jay Trucks & Associates, PC.
Keyword : workers compensation Michigan,workers compensation attorneys Michigan,workers compensation lawyers
Workers' Compensation is a state-regulated insurance program that pays medical bills and replaces some lost wages for employees who are injured at work or who have work-related diseases, injuries, or illness. In Michigan workers' compensation provides medical, income, death and burial benefits.Even though all employers in the State of Michigan are legally required to carry worker's compensation insurance, it doesn't necessarily mean the claims will be handled appropriately.There are exceptions to the rule, too. For example, farms and farmers are exempt under Michigan WCA (Workers' Compensation Act) guidelines. Named partners and officers of partnerships and corporations may also be exempt even though their employees must be covered.Workers' compensation is specifically designed to only cover injuries that "arise out of and in the course of the employment." In most cases, it is obvious whether or not the injury occurred at work. However, there may be occasions when an employee is away from the office on company business and a covered injury occurs. This does not apply to traveling to or from work.Injuries may also be covered if an employee is hurt while employees are "horsing around". But, as mentioned earlier, there are exceptions and limitations to this type of claim.There can also be deadlines for filing and responding. Missing a deadline could potentially cost you benefits. Should an employer incorrectly file the claim, giving you more benefits that you are actually due; future benefits may be reduced – again, costing you, the employee.As you can see, workers' compensation claims can be very complex. You never want to sign or agree to anything until you have an experienced workers' compensation attorney review the claim, the process and potential outcome.For more information on workers' compensation in Michigan, please contact the personal injury attorneys at Jay Trucks & Associates, PC.
Keyword : workers compensation Michigan,workers compensation attorneys Michigan,workers compensation lawyers
How Much is Your Case Worth?
Author : Wayne Walker
Evaluating personal injury claims is a tricky business. In the past six years my firm, CapTran, has underwritten 10,000 requests for pre-settlement advances by plaintiffs. We have never had anyone tell us that their case was not a "slam dunk" or that they were not going to get a substantial settlement. We are always told the insurance company is going to settle quickly because their case and/or attorney are so good.Our experience tells us – baloney!Unrealistic expectations in personal injury law are a recipe for certain disappointment. Rarely do even slam-dunk cases get settled quickly for large amounts. Quite the opposite, slam-dunk cases usually involve serious injuries that require a long time to treat. Settlements are rarely reached prior to the victim achieving maximum medical improvement.Hubris aside, everyone wants to know the real value of their case. Unfortunately, accident victims are often beset with self-appointed experts replete with stories and anecdotal evidence of huge jury awards. They know someone who knows someone who got a huge settlement for a back strain or "whiplash". These influences do nothing but confuse the issue and most of the time has nothing to do with reality.The truth is that, with the exception of the horrific paralyzing or disfiguring injury, most accident damage awards fall within a very predictable range. The National Transportation Safety Board reports that 3 million people are injured in motor vehicle accidents each year and insurance companies pay out nearly $20 Billion in bodily injury claims annually. The Insurance Research Council conducts a survey of auto claims every five years. The survey's participant's account for about two out of every three claims paid in the United States. In short, there is an enormous amount of data available to insurance companies regarding every conceivable type of injury and the amount paid to settle the claim.Facts to consider1. The average amount paid for a bodily injury claim is less than $10,000.2. The amount paid varies widely by state.3. Insurance companies are very wary of chiropractic treatment, especially if it is the only treatment.4. Insurance companies are very wary of excessive physical therapy treatment.If your attorney is experienced in personal injury cases he or she will know the range of values and the claiming behavior of insurance adjusters in your area. Our experience is that attorneys are prone to overestimate the value of your case rather than underestimate it. We urge you to listen to your attorney's advice regarding claim value because it is unlikely that they will overestimate its worth. If you attorney is not experienced in PI cases – well, get another attorney.That having been said, we offer the following thoughts that come from our experience. We have limited our comments to the most common type of case - motor vehicle accidents.Factors to ConsiderThere are a great many factors that impact on the potential value of you claim. In order to determine whether (and how much) to invest in your case, CapTran® uses these factors or case attributes, to calculate the value of a case. In general we look at the following case attributes:1. The event2. Liability3. Ability to pay4. Damages5. "Quality" of the Defendant6. "Quality" of the Plaintiff – you!1. The EventWhat actually happened? Not what you think happened, or even what you know happened but rather, what can be verified or proven.• If the police did not arrive at the scene it will be more difficult for you to prove anything.• If you received a ticket you will have a difficult time collecting full value for your case (in contributory negligence states you may collect nothing!)• If the defendant received a ticket, his or her insurance carrier is more likely to readily admit liability.• If the accident happened in a manner that is unquestionably not your fault and/or demonstrates recklessness on the part of the defendant, the insurance carrier is more likely to attempt to settle.• Where there witnesses unrelated to you and not in your vehicle present? If so, defendant's insurance carrier is more likely to readily admit liability.• Did the other driver admit liability at the scene? If so, defendant's insurance carrier is more likely to readily admit liability.• Did you take pictures of the car at the scene or later?• Was your vehicle moving or stopped? If lawfully stopped it is highly unlikely that you will be deemed to have contributed to the accident and the defendant's insurance carrier is more likely to admit liability.2. LiabilityThe certainty of liability or the availability of a defense will impact the level of enthusiasm the insurance carrier has to settle your case. If there appears to be a valid defense available, even if not perfect, the value of a settlement offer will suffer. If the injuries are minor, the only thing the insurance company has to lose is the expense of trying the case.3. Ability to PayRegardless of your damages, someone has to have the ability to pay in order for you to collect. The availability of insurance or a financially strong defendant is critical to the ability to achieve financial redress for your injuries.Amount of insurance coverage. Insurance policies have limits on the amount they will pay per accident victim as well as per accident. If you are one of several people injured in an accident you will have to share the coverage with the other claimants. For example, if a policy has a "per accident" cap of $100,000 and five people are injured each with a claim worth of $50,000 (for a total of $250,000) there will not be enough to cover all claims.Self Insurance. Many large companies self-insure meaning that instead of paying premises to an insurance company, they set aside certain monies each year to establish an insurance reserve to handle future claims. Many times the company will actually have its own so-called captive insurance company.4. DamagesSeverity of impact. This is common sense. If your vehicle has a sustained little damage the insurance adjuster will know that a jury is likely to conclude that no one could have been seriously injured in such a "fender bender". On the other hand, they will not want to go up against an attorney that can hold up a picture of your severely demolished vehicle telling the jury "why, my client is lucky to be alive!"When you received treatment. If you went to the emergency in an ambulance that is better than if you went to the emergency room two days later (especially if you went to your attorney first).Soft tissue injuries versus broken bones. Most minor accidents involve what used to be called "whiplash" but are now referred to as cervical strain or sprain. A broken bone is easy to prove and easy for juries to understand. With soft tissue injuries, it is difficult for juries to separate good claims from fraudulent ones. Insurance adjusters know that juries will not award large amounts for soft tissue injuries.If you have a broken bone, especially if it is a weight-bearing bone, you have an injury that can be verified by indisputable evidence such as x-rays.Amount of your medical bills. While "meds" are a very significant (often the most significant) factor in determining case value, there is no simple formula to use in determining case value. Forget the junk about "3 times meds" or "3 times specials". Insurance Research Council survey data reveals that bodily injury claims cannot be estimated in such a simple fashion. Values vary widely from state to state and the type of meds is very important. Some rules of thumb are:1. "Treating" expenses carry more weight with insurance adjusters than diagnostic expenses. It matters little that you decided to have an expensive MRI or CAT Scan.2. Chiropractic expenses are severely discounted by insurance adjusters (and ignored by us).3. Excessive visits to the physical therapist are not only discounted by adjusters but along with chiropractic bills also raise a red flag for what is called "build-up".Medical providers that treated you. Insurance adjusters look for treatment by medical specialists that indicate clear-cut injuries associated with vehicular impact. If you are only treated by the ER physician and perhaps your family doctor it will not carry as much weight as if you were treated by an Orthopedic Surgeon or a Neurologist.Documentation of your injury. Failure to go for medical treatment, or large gaps of time between treatments, are red flags for insurance adjusters. Inadequate documentation will not pass muster with insurance adjusters.5. Quality of the DefendantAppearance matters in court. Every adjuster knows that a sympathetic defendant is less likely to suffer large verdicts. The inverse is, of course, true as well. The kind of evidence, especially prior acts that can be presented in court varies from state to state but defendants must be wary that adverse evidence regarding the plaintiff will see its way into the jury room.6. Quality of Plaintiff – YOU!We have had several good cases lost because the jury simply didn't like the plaintiff. If you appear too strident or are overly aggressive, combatant or belligerent, a jury will find a way to punish you for your behavior.If you have had several minor accidents a jury may conclude that you are a scam artist.Above all else, try to be realistic in your evaluation of your claim. The object of the tort system is to compensate you for your damages not to unreasonably enrich you. Be sensible and reasonable and you will enhance your chances for a successful outcome. Good luck!This article is intended for information only and should not be construed as legal advice. You should consult your own attorney for legal advice.©Copyright Capital Transaction Group IncWayne C Walker, president of CapTran, the leader in litigation finance. http://www.captran.com
Keyword : lawsuit funding, lawsuit advance, personal injury, auto accident, settlement, insurance claim
Evaluating personal injury claims is a tricky business. In the past six years my firm, CapTran, has underwritten 10,000 requests for pre-settlement advances by plaintiffs. We have never had anyone tell us that their case was not a "slam dunk" or that they were not going to get a substantial settlement. We are always told the insurance company is going to settle quickly because their case and/or attorney are so good.Our experience tells us – baloney!Unrealistic expectations in personal injury law are a recipe for certain disappointment. Rarely do even slam-dunk cases get settled quickly for large amounts. Quite the opposite, slam-dunk cases usually involve serious injuries that require a long time to treat. Settlements are rarely reached prior to the victim achieving maximum medical improvement.Hubris aside, everyone wants to know the real value of their case. Unfortunately, accident victims are often beset with self-appointed experts replete with stories and anecdotal evidence of huge jury awards. They know someone who knows someone who got a huge settlement for a back strain or "whiplash". These influences do nothing but confuse the issue and most of the time has nothing to do with reality.The truth is that, with the exception of the horrific paralyzing or disfiguring injury, most accident damage awards fall within a very predictable range. The National Transportation Safety Board reports that 3 million people are injured in motor vehicle accidents each year and insurance companies pay out nearly $20 Billion in bodily injury claims annually. The Insurance Research Council conducts a survey of auto claims every five years. The survey's participant's account for about two out of every three claims paid in the United States. In short, there is an enormous amount of data available to insurance companies regarding every conceivable type of injury and the amount paid to settle the claim.Facts to consider1. The average amount paid for a bodily injury claim is less than $10,000.2. The amount paid varies widely by state.3. Insurance companies are very wary of chiropractic treatment, especially if it is the only treatment.4. Insurance companies are very wary of excessive physical therapy treatment.If your attorney is experienced in personal injury cases he or she will know the range of values and the claiming behavior of insurance adjusters in your area. Our experience is that attorneys are prone to overestimate the value of your case rather than underestimate it. We urge you to listen to your attorney's advice regarding claim value because it is unlikely that they will overestimate its worth. If you attorney is not experienced in PI cases – well, get another attorney.That having been said, we offer the following thoughts that come from our experience. We have limited our comments to the most common type of case - motor vehicle accidents.Factors to ConsiderThere are a great many factors that impact on the potential value of you claim. In order to determine whether (and how much) to invest in your case, CapTran® uses these factors or case attributes, to calculate the value of a case. In general we look at the following case attributes:1. The event2. Liability3. Ability to pay4. Damages5. "Quality" of the Defendant6. "Quality" of the Plaintiff – you!1. The EventWhat actually happened? Not what you think happened, or even what you know happened but rather, what can be verified or proven.• If the police did not arrive at the scene it will be more difficult for you to prove anything.• If you received a ticket you will have a difficult time collecting full value for your case (in contributory negligence states you may collect nothing!)• If the defendant received a ticket, his or her insurance carrier is more likely to readily admit liability.• If the accident happened in a manner that is unquestionably not your fault and/or demonstrates recklessness on the part of the defendant, the insurance carrier is more likely to attempt to settle.• Where there witnesses unrelated to you and not in your vehicle present? If so, defendant's insurance carrier is more likely to readily admit liability.• Did the other driver admit liability at the scene? If so, defendant's insurance carrier is more likely to readily admit liability.• Did you take pictures of the car at the scene or later?• Was your vehicle moving or stopped? If lawfully stopped it is highly unlikely that you will be deemed to have contributed to the accident and the defendant's insurance carrier is more likely to admit liability.2. LiabilityThe certainty of liability or the availability of a defense will impact the level of enthusiasm the insurance carrier has to settle your case. If there appears to be a valid defense available, even if not perfect, the value of a settlement offer will suffer. If the injuries are minor, the only thing the insurance company has to lose is the expense of trying the case.3. Ability to PayRegardless of your damages, someone has to have the ability to pay in order for you to collect. The availability of insurance or a financially strong defendant is critical to the ability to achieve financial redress for your injuries.Amount of insurance coverage. Insurance policies have limits on the amount they will pay per accident victim as well as per accident. If you are one of several people injured in an accident you will have to share the coverage with the other claimants. For example, if a policy has a "per accident" cap of $100,000 and five people are injured each with a claim worth of $50,000 (for a total of $250,000) there will not be enough to cover all claims.Self Insurance. Many large companies self-insure meaning that instead of paying premises to an insurance company, they set aside certain monies each year to establish an insurance reserve to handle future claims. Many times the company will actually have its own so-called captive insurance company.4. DamagesSeverity of impact. This is common sense. If your vehicle has a sustained little damage the insurance adjuster will know that a jury is likely to conclude that no one could have been seriously injured in such a "fender bender". On the other hand, they will not want to go up against an attorney that can hold up a picture of your severely demolished vehicle telling the jury "why, my client is lucky to be alive!"When you received treatment. If you went to the emergency in an ambulance that is better than if you went to the emergency room two days later (especially if you went to your attorney first).Soft tissue injuries versus broken bones. Most minor accidents involve what used to be called "whiplash" but are now referred to as cervical strain or sprain. A broken bone is easy to prove and easy for juries to understand. With soft tissue injuries, it is difficult for juries to separate good claims from fraudulent ones. Insurance adjusters know that juries will not award large amounts for soft tissue injuries.If you have a broken bone, especially if it is a weight-bearing bone, you have an injury that can be verified by indisputable evidence such as x-rays.Amount of your medical bills. While "meds" are a very significant (often the most significant) factor in determining case value, there is no simple formula to use in determining case value. Forget the junk about "3 times meds" or "3 times specials". Insurance Research Council survey data reveals that bodily injury claims cannot be estimated in such a simple fashion. Values vary widely from state to state and the type of meds is very important. Some rules of thumb are:1. "Treating" expenses carry more weight with insurance adjusters than diagnostic expenses. It matters little that you decided to have an expensive MRI or CAT Scan.2. Chiropractic expenses are severely discounted by insurance adjusters (and ignored by us).3. Excessive visits to the physical therapist are not only discounted by adjusters but along with chiropractic bills also raise a red flag for what is called "build-up".Medical providers that treated you. Insurance adjusters look for treatment by medical specialists that indicate clear-cut injuries associated with vehicular impact. If you are only treated by the ER physician and perhaps your family doctor it will not carry as much weight as if you were treated by an Orthopedic Surgeon or a Neurologist.Documentation of your injury. Failure to go for medical treatment, or large gaps of time between treatments, are red flags for insurance adjusters. Inadequate documentation will not pass muster with insurance adjusters.5. Quality of the DefendantAppearance matters in court. Every adjuster knows that a sympathetic defendant is less likely to suffer large verdicts. The inverse is, of course, true as well. The kind of evidence, especially prior acts that can be presented in court varies from state to state but defendants must be wary that adverse evidence regarding the plaintiff will see its way into the jury room.6. Quality of Plaintiff – YOU!We have had several good cases lost because the jury simply didn't like the plaintiff. If you appear too strident or are overly aggressive, combatant or belligerent, a jury will find a way to punish you for your behavior.If you have had several minor accidents a jury may conclude that you are a scam artist.Above all else, try to be realistic in your evaluation of your claim. The object of the tort system is to compensate you for your damages not to unreasonably enrich you. Be sensible and reasonable and you will enhance your chances for a successful outcome. Good luck!This article is intended for information only and should not be construed as legal advice. You should consult your own attorney for legal advice.©Copyright Capital Transaction Group IncWayne C Walker, president of CapTran, the leader in litigation finance. http://www.captran.com
Keyword : lawsuit funding, lawsuit advance, personal injury, auto accident, settlement, insurance claim
If You've Been Injured, Do You Even Need A Lawyer?
Author : Gerry Oginski
Q: Do I even need an attorney to represent me in my claim with the insurance company?A: No you don't. Some claims, and some injuries don't even warrant an attorney's involvment. But...many do. How will you know the true value of your injuries? How will you know whether the insurance adjuster who makes you a first offer is doing the right thing? How do you know whether the insurance adjuster is simply trying to save his company money by low-balling you and giving you a take-it-or-leave-it offer? How will you know what your options are if you choose not to accept the insurance company's offer? What can you do to maximize the amount the insurance company offers you for your injuries? Do you need further medical care for your injuries in the future? Have you considered who will pay for future medical expenses for injuries caused in this particular accident?What happens if you have a recurrence of your injury weeks, months or years from now? Will the insurance company re-open this case and agree to pay me more later? Why is the insurance adjuster so willing to settle my case now? Why did they just send me a check for my injuries? Should I cash it? What will happen if I cash this check? Can I go back to them for more if needed, or is this it?The bottom line is that you may not need an attorney at all. If you have experience with insurance adjusters, and you know the true value and extent of your injuries, then you just might be better off negotiating directly with the adjuster. BUT, if you don't...then I'd strongly recommend speaking with an injury attorney who has many years of experience dealing with these exact types of cases.For example, if you needed eye surgery, you wouldn't go see your family doctor for treatment. If you need brain surgery, you don't rely on a skin doctor to treat your condition. Many attorneys have focused and limited their practice to just a few areas of the law. Lawyers in New York are not permitted to say they are "specialists" in any particular field of law. However, we are permitted to tell you how extensive our experience is in the areas of law that we do practice. We can also tell you how we have helped other similar clients, even though their experiences may not reflect what we can do for you. Again, beware of attorneys who claim they practice many different areas of law. It's very difficult to be good at everything.The best thing you can do when faced with an injury caused by someone's carelessness is to become informed. Find out as much as possible about the attorney, the law firm, the facts of your case, your medical condition, the procedures you need to go through to process your claim, and what your legal options are. Only by becoming fully informed about your options will you be able to make an informed decision about which legal road you will take. Beware of the legal minefields when handling your own case. In case you need it, find an attorney who can guide you through those legal minefields and avoid the traps that experienced attorneys commonly see.Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Injury lawyer, personal injury, malpractice, accident, attorney, insurance claim, bodily injury, law
Q: Do I even need an attorney to represent me in my claim with the insurance company?A: No you don't. Some claims, and some injuries don't even warrant an attorney's involvment. But...many do. How will you know the true value of your injuries? How will you know whether the insurance adjuster who makes you a first offer is doing the right thing? How do you know whether the insurance adjuster is simply trying to save his company money by low-balling you and giving you a take-it-or-leave-it offer? How will you know what your options are if you choose not to accept the insurance company's offer? What can you do to maximize the amount the insurance company offers you for your injuries? Do you need further medical care for your injuries in the future? Have you considered who will pay for future medical expenses for injuries caused in this particular accident?What happens if you have a recurrence of your injury weeks, months or years from now? Will the insurance company re-open this case and agree to pay me more later? Why is the insurance adjuster so willing to settle my case now? Why did they just send me a check for my injuries? Should I cash it? What will happen if I cash this check? Can I go back to them for more if needed, or is this it?The bottom line is that you may not need an attorney at all. If you have experience with insurance adjusters, and you know the true value and extent of your injuries, then you just might be better off negotiating directly with the adjuster. BUT, if you don't...then I'd strongly recommend speaking with an injury attorney who has many years of experience dealing with these exact types of cases.For example, if you needed eye surgery, you wouldn't go see your family doctor for treatment. If you need brain surgery, you don't rely on a skin doctor to treat your condition. Many attorneys have focused and limited their practice to just a few areas of the law. Lawyers in New York are not permitted to say they are "specialists" in any particular field of law. However, we are permitted to tell you how extensive our experience is in the areas of law that we do practice. We can also tell you how we have helped other similar clients, even though their experiences may not reflect what we can do for you. Again, beware of attorneys who claim they practice many different areas of law. It's very difficult to be good at everything.The best thing you can do when faced with an injury caused by someone's carelessness is to become informed. Find out as much as possible about the attorney, the law firm, the facts of your case, your medical condition, the procedures you need to go through to process your claim, and what your legal options are. Only by becoming fully informed about your options will you be able to make an informed decision about which legal road you will take. Beware of the legal minefields when handling your own case. In case you need it, find an attorney who can guide you through those legal minefields and avoid the traps that experienced attorneys commonly see.Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Injury lawyer, personal injury, malpractice, accident, attorney, insurance claim, bodily injury, law
Data Protection: Abuse of Process - Damage
Author : Rosanna Cooper
The case of Austen v University of Wolverhampton (2005), confirms that in order for a claim under the Data Protection Act 1998 ("the Act") to succeed, there must be evidence of damage and court proceedings must be a proportionate action.The claimant spent a year as an undergraduate at the defendant university. He issued proceedings against the defendant for defamation, breach of confidence, infringement of his right to privacy, intentional infliction of physical or emotional harm and breach of statutory duty under the Act. The claim in respect of intentionally inflicting harm arose out of a meeting between the defendant's data protection officer and an officer of the Department for Work and Pensions (DWP) who was conducting an investigation into the claimant. The claimant learnt of words allegedly said at the meeting by the defendant's officer and contended that those words had exacerbated a pre-existing psychiatric condition.In the data protection claim, the claimant alleged that:He had been provided with misinformation by the defendant in so far as it claimed to have destroyed exam scripts written by the claimant;
A document supplied to him was unintelligible;
The defendant had not disclosed a document which was produced at meeting with the officer from the DWP; and
Documents which had been disclosed had been disclosed late.
The defendant applied to the Court to strike out the claim. The Court decided that:The claims for defamation, breach of confidence and infringement of the claimant's right to privacy would fail;
The claim under the Act would be struck out in part; and
In respect of the claim for intentionally inflicting harm, it could not be decided that the claimant had no real prospects of success.
The defendant appealed in respect of the Court's decision in so far as it allowed parts of the claim to proceed. The Court held that:The claim for intentionally inflicting harm was struck out because the claimant had no realistic prospect of succeeding on this claim as the defendant could not have intended that the comments made at the meeting would be passed on to the claimant nor had the claimant produced any material to support his assertion that he had suffered injury; and
The claim under the Act was struck out because there was nothing of any substance in the claimant's allegation as the claimant had no reasonable prospect of establishing he had suffered damage and to allow the claim to proceed would be disproportionate and amount to an abuse of process.
If you require further information contact us.Email: enquiries@rtcoopers.com© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.The firm is highly experienced in dealing with the transfer of individual's data to companies within the same organisations, different industries and across various countries. We offer a complete service to companies processing data or transferring data outside the EEA. We offer advice and assistance in relation to all aspects of data protection compliance.Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com
Keyword : Data Protection, Data Protection Compliance, Audits, Safe Harbour, Data, E-Marketing, Privacy Policy
The case of Austen v University of Wolverhampton (2005), confirms that in order for a claim under the Data Protection Act 1998 ("the Act") to succeed, there must be evidence of damage and court proceedings must be a proportionate action.The claimant spent a year as an undergraduate at the defendant university. He issued proceedings against the defendant for defamation, breach of confidence, infringement of his right to privacy, intentional infliction of physical or emotional harm and breach of statutory duty under the Act. The claim in respect of intentionally inflicting harm arose out of a meeting between the defendant's data protection officer and an officer of the Department for Work and Pensions (DWP) who was conducting an investigation into the claimant. The claimant learnt of words allegedly said at the meeting by the defendant's officer and contended that those words had exacerbated a pre-existing psychiatric condition.In the data protection claim, the claimant alleged that:He had been provided with misinformation by the defendant in so far as it claimed to have destroyed exam scripts written by the claimant;
A document supplied to him was unintelligible;
The defendant had not disclosed a document which was produced at meeting with the officer from the DWP; and
Documents which had been disclosed had been disclosed late.
The defendant applied to the Court to strike out the claim. The Court decided that:The claims for defamation, breach of confidence and infringement of the claimant's right to privacy would fail;
The claim under the Act would be struck out in part; and
In respect of the claim for intentionally inflicting harm, it could not be decided that the claimant had no real prospects of success.
The defendant appealed in respect of the Court's decision in so far as it allowed parts of the claim to proceed. The Court held that:The claim for intentionally inflicting harm was struck out because the claimant had no realistic prospect of succeeding on this claim as the defendant could not have intended that the comments made at the meeting would be passed on to the claimant nor had the claimant produced any material to support his assertion that he had suffered injury; and
The claim under the Act was struck out because there was nothing of any substance in the claimant's allegation as the claimant had no reasonable prospect of establishing he had suffered damage and to allow the claim to proceed would be disproportionate and amount to an abuse of process.
If you require further information contact us.Email: enquiries@rtcoopers.com© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.The firm is highly experienced in dealing with the transfer of individual's data to companies within the same organisations, different industries and across various countries. We offer a complete service to companies processing data or transferring data outside the EEA. We offer advice and assistance in relation to all aspects of data protection compliance.Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com
Keyword : Data Protection, Data Protection Compliance, Audits, Safe Harbour, Data, E-Marketing, Privacy Policy
Privacy Rights - Big Brother's Bumbling
Author : Richard Chapo
The General Accounting Office has reported the federal government is ignoring individual privacy rights of citizens. Not only is it ignoring guidelines, the actions being taken may server to put your privacy at more risk of being violated.Government Run AmuckFive federal agencies are charged with using electronic data mining tools to track terrorist, catch criminals and prevent general fraudulent behavior. In using these tools, the agencies are supposed to fall a set of guidelines designed to protect your privacy. None of the agencies are doing so. In fact, they are doing just the opposite.According to the GAO, the five federal agencies repeatedly failed to follow guidelines. These failures either ``increased the risk that personal information could be improperly exposed or altered'' or ``limited the ability of the public -- including those individuals whose information was used -- to participate in the management of that personal information.''In investigating the situation, the GAO looked at five federal agencies. The agencies are the Agriculture Department, Federal Bureau of Investigation, Internal Revenue Service, Small Business Administration and State Department. The GAO found none of the agencies had complied with privacy guidelines and only three had even considered them.Of this list, three groups are particularly worrisome. The IRS, obviously, controls incredibly delicate information for every person in the United States. The Agency has already reported problems with staff and agents giving out information over the phone to potential identity thieves. The FBI definitely needs to track terrorist and criminals, but how comfortable are you with the government sifting your person information without restriction? The Small Business Administration is particularly troubling as it collects detailed financial and background information to determine whether it should provide small business loans. Getting into that database would be like finding the Holy Grail for an identity thief.Privacy rights are not the most glamorous of subjects and you may dismiss articles about them out of hand. You will feel differently, however, if your identity is stolen.Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.
Keyword : privacy, privacy rights, fbi, irs, gao, privacy guidelines, general accounting office
The General Accounting Office has reported the federal government is ignoring individual privacy rights of citizens. Not only is it ignoring guidelines, the actions being taken may server to put your privacy at more risk of being violated.Government Run AmuckFive federal agencies are charged with using electronic data mining tools to track terrorist, catch criminals and prevent general fraudulent behavior. In using these tools, the agencies are supposed to fall a set of guidelines designed to protect your privacy. None of the agencies are doing so. In fact, they are doing just the opposite.According to the GAO, the five federal agencies repeatedly failed to follow guidelines. These failures either ``increased the risk that personal information could be improperly exposed or altered'' or ``limited the ability of the public -- including those individuals whose information was used -- to participate in the management of that personal information.''In investigating the situation, the GAO looked at five federal agencies. The agencies are the Agriculture Department, Federal Bureau of Investigation, Internal Revenue Service, Small Business Administration and State Department. The GAO found none of the agencies had complied with privacy guidelines and only three had even considered them.Of this list, three groups are particularly worrisome. The IRS, obviously, controls incredibly delicate information for every person in the United States. The Agency has already reported problems with staff and agents giving out information over the phone to potential identity thieves. The FBI definitely needs to track terrorist and criminals, but how comfortable are you with the government sifting your person information without restriction? The Small Business Administration is particularly troubling as it collects detailed financial and background information to determine whether it should provide small business loans. Getting into that database would be like finding the Holy Grail for an identity thief.Privacy rights are not the most glamorous of subjects and you may dismiss articles about them out of hand. You will feel differently, however, if your identity is stolen.Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.
Keyword : privacy, privacy rights, fbi, irs, gao, privacy guidelines, general accounting office
Personal Injury Solicitor - 5 Things To Consider Before Choosing
Author : Mumtaz Shah
Making sure you have the right personal injury solicitor to represent you in your accident compensation claim is vital. However, with so many people claiming to be accident compensation solicitors, how can you possibly know which accident claim solicitor is going to be the best one for you?Simple, ask the following 5 questions:1. Is The Personal Injury Specialist Qualified To Handle Your Accident Claim?May sound rather like a silly question, but today most solicitors elect to specialise in particular areas of law. As such, you need to make sure your solicitor specialises in accident injury claims before you appoint them.Keep in mind that if your chosen accident claim solicitor does not specialise in this particular area of law then they are unlikely to know what the current trends in the law are and this could end up costing you money. Moreover, the area of law dealing with accidents tends to be highly specialised – requiring certain medical terminology skills.Again, if your solicitor is not aware of these, it could end up costing you! So, before agreeing to hire an accident solicitor, make sure you ask if he/she has current experience in this area of law. You may even want to ask if their law firm has a specialised accident injury department. If they don't, you should possibly consider going to another law firm that does.2. Is Your Personal Injury Solicitor Taking Any Charges From You?When you and your accident claim solicitor sign a Conditional Fee Agreement (CFA) you want to make sure that in the agreement the solicitor is going to claim for all of their fees and expenses from the opponent and not from any accident compensation you receive.If the solicitor gives you any problems here, don't hire them and remind them of the Access to Justice Act which permits them to claim all reasonable costs from the other party!3. Out-Of-Pocket Expenses?Most personal injury solicitors love to include a clause in the CFA that you are going to be responsible for all out-of-pocket expenses. Out-of-pocket expenses can include any medical treatment you receive at the request of your accident compensation solicitor, any overtime incurred by the solicitor's staff, telephone and fax charges, etc.The solicitor should be responsible for these costs which should be re-claimed from your opponent. However, be warned: the courts will only allow you to claim 'reasonable' costs and only on the basis of you winning your case.4. Is The Accident Compensation Solicitor Aiming To Settle Or Go To Court?Sometimes, though not always, solicitors don't listen to the wishes of their clients and instead go after what they believe the law entitles their client to claim. As such, if you want to settle the claim, rather than go to court, you should ask your accident claim solicitor whether they have any objection to such.Conversely, if you want to go to court, but your solicitor is advising that you settle the claim, you should discuss this with them to see if there are any adverse effects for taking your injury claim to court.5. What Happens If You Lose?Solicitors are expensive – so what happens if you lose? You need to ask this question of your accident claim solicitor to see if he/she is willing to insure your claim against the chances that you may lose.Keep in mind that if you do lose it is not your personal injury solicitor who is going to be reasonable for the fees and expenses that have accrued to-date, but you! And you don't want to be the victim of the same accident twice, so don't listen to any discussions about how you cannot lose and make sure you have adequate protection should the impossible actually happen!It's easy to make a compensation claim with a personal injury solicitor, if you ask! Learn more at http://www.100percent-compensation.co.uk/articles/personal-injury-solicitor.html and get a free assessment!
Keyword : personal injury solicitor, personal injury specialist, compensation claim, accident claim, injury cl
Making sure you have the right personal injury solicitor to represent you in your accident compensation claim is vital. However, with so many people claiming to be accident compensation solicitors, how can you possibly know which accident claim solicitor is going to be the best one for you?Simple, ask the following 5 questions:1. Is The Personal Injury Specialist Qualified To Handle Your Accident Claim?May sound rather like a silly question, but today most solicitors elect to specialise in particular areas of law. As such, you need to make sure your solicitor specialises in accident injury claims before you appoint them.Keep in mind that if your chosen accident claim solicitor does not specialise in this particular area of law then they are unlikely to know what the current trends in the law are and this could end up costing you money. Moreover, the area of law dealing with accidents tends to be highly specialised – requiring certain medical terminology skills.Again, if your solicitor is not aware of these, it could end up costing you! So, before agreeing to hire an accident solicitor, make sure you ask if he/she has current experience in this area of law. You may even want to ask if their law firm has a specialised accident injury department. If they don't, you should possibly consider going to another law firm that does.2. Is Your Personal Injury Solicitor Taking Any Charges From You?When you and your accident claim solicitor sign a Conditional Fee Agreement (CFA) you want to make sure that in the agreement the solicitor is going to claim for all of their fees and expenses from the opponent and not from any accident compensation you receive.If the solicitor gives you any problems here, don't hire them and remind them of the Access to Justice Act which permits them to claim all reasonable costs from the other party!3. Out-Of-Pocket Expenses?Most personal injury solicitors love to include a clause in the CFA that you are going to be responsible for all out-of-pocket expenses. Out-of-pocket expenses can include any medical treatment you receive at the request of your accident compensation solicitor, any overtime incurred by the solicitor's staff, telephone and fax charges, etc.The solicitor should be responsible for these costs which should be re-claimed from your opponent. However, be warned: the courts will only allow you to claim 'reasonable' costs and only on the basis of you winning your case.4. Is The Accident Compensation Solicitor Aiming To Settle Or Go To Court?Sometimes, though not always, solicitors don't listen to the wishes of their clients and instead go after what they believe the law entitles their client to claim. As such, if you want to settle the claim, rather than go to court, you should ask your accident claim solicitor whether they have any objection to such.Conversely, if you want to go to court, but your solicitor is advising that you settle the claim, you should discuss this with them to see if there are any adverse effects for taking your injury claim to court.5. What Happens If You Lose?Solicitors are expensive – so what happens if you lose? You need to ask this question of your accident claim solicitor to see if he/she is willing to insure your claim against the chances that you may lose.Keep in mind that if you do lose it is not your personal injury solicitor who is going to be reasonable for the fees and expenses that have accrued to-date, but you! And you don't want to be the victim of the same accident twice, so don't listen to any discussions about how you cannot lose and make sure you have adequate protection should the impossible actually happen!It's easy to make a compensation claim with a personal injury solicitor, if you ask! Learn more at http://www.100percent-compensation.co.uk/articles/personal-injury-solicitor.html and get a free assessment!
Keyword : personal injury solicitor, personal injury specialist, compensation claim, accident claim, injury cl
A Personal Injury Story
Author : Jay Stockman
The crisp winds of fall brush by your face, it is Sunday morning, and you are feeling REAL good. Strolling down Main Street, you are mesmerized by the beauty of the quaint architecture. Several steps more, and disaster! Looking elsewhere, you trip on a broken sidewalk, tumble down with a huge thud. The ambulance comes, takes you to the hospital, a storybook Sunday turns into a complete nightmare. Was the City negligent by not fixing the sidewalk? Who is going to pay for your lost earnings while you are healing? A situation like this requires an experienced attorney, who will evaluate the facts, and determine whether a personal injury action should be brought forth. Specifically, this requires the expertise of a Personal Injury Attorney.
In the above scenario, there is a very good chance an attorney will secure you more monetary compensation than you can do for yourself. Personal injury, however, is a specialized field that requires a qualified personal injury attorney to handle the case.
Before you contact an attorney I suggest you prepare the following documents:
1) Write down as much as you can about the accident itself, your injuries, and any other losses (such as wages) you've suffered as a result of the accident.
2) Make notes on anyone who may have seen the accident, or whom you may have spoken to, or who helped you.
3) Go back and try to gather evidence, pictures, eye witness statements, any other information, or materials that may help your case.
Once you establish whether it was a result of negligence, it is in your best interest to file your claim as soon as possible. There are time limits if you plan on suing a government, or municipality. Each state has their respective statutes of limitations, so check with your own state on this one.
Personal injury victims with a strong case should not have to pay any out of pocket expenses. Any attorney worth his salt will take on a personal injury case on a contingency basis. This means that the attorney will cover all expenses during the trial, and take his fee as a percentage of the recovery. Typically, this ranges from 1/3 to 1/2 of the total damages. The best place to find the appropriate personal injury lawyer, is through referrals. Ask friends, or relatives, professional lawyers who do not specialize in personal injury cases, however they should guide you in the right direction. In addition, most local bar associations have referral services in which the names of lawyers are available, arranged by legal specialty.
As with anything, prevention is the best medicine. Try to avoid situations that could be potentially dangerous, or harmful. In the rare cases when this is unavoidable, be sure you follow the appropriate procedures, and don't be intimidated by insurance companies, or government agencies, hire a personal injury attorney, and receive the compensation you deserve.Dr. Jay B Stockman is a contributing editor for Personal Injury Online, and has extensive experience with Personal Injury cases. For more information, please visit our Personal Injury Forum
Keyword : injury, personal injury attorney, personal, plaintiff personal injury, attorney, personal injury cas
The crisp winds of fall brush by your face, it is Sunday morning, and you are feeling REAL good. Strolling down Main Street, you are mesmerized by the beauty of the quaint architecture. Several steps more, and disaster! Looking elsewhere, you trip on a broken sidewalk, tumble down with a huge thud. The ambulance comes, takes you to the hospital, a storybook Sunday turns into a complete nightmare. Was the City negligent by not fixing the sidewalk? Who is going to pay for your lost earnings while you are healing? A situation like this requires an experienced attorney, who will evaluate the facts, and determine whether a personal injury action should be brought forth. Specifically, this requires the expertise of a Personal Injury Attorney.
In the above scenario, there is a very good chance an attorney will secure you more monetary compensation than you can do for yourself. Personal injury, however, is a specialized field that requires a qualified personal injury attorney to handle the case.
Before you contact an attorney I suggest you prepare the following documents:
1) Write down as much as you can about the accident itself, your injuries, and any other losses (such as wages) you've suffered as a result of the accident.
2) Make notes on anyone who may have seen the accident, or whom you may have spoken to, or who helped you.
3) Go back and try to gather evidence, pictures, eye witness statements, any other information, or materials that may help your case.
Once you establish whether it was a result of negligence, it is in your best interest to file your claim as soon as possible. There are time limits if you plan on suing a government, or municipality. Each state has their respective statutes of limitations, so check with your own state on this one.
Personal injury victims with a strong case should not have to pay any out of pocket expenses. Any attorney worth his salt will take on a personal injury case on a contingency basis. This means that the attorney will cover all expenses during the trial, and take his fee as a percentage of the recovery. Typically, this ranges from 1/3 to 1/2 of the total damages. The best place to find the appropriate personal injury lawyer, is through referrals. Ask friends, or relatives, professional lawyers who do not specialize in personal injury cases, however they should guide you in the right direction. In addition, most local bar associations have referral services in which the names of lawyers are available, arranged by legal specialty.
As with anything, prevention is the best medicine. Try to avoid situations that could be potentially dangerous, or harmful. In the rare cases when this is unavoidable, be sure you follow the appropriate procedures, and don't be intimidated by insurance companies, or government agencies, hire a personal injury attorney, and receive the compensation you deserve.Dr. Jay B Stockman is a contributing editor for Personal Injury Online, and has extensive experience with Personal Injury cases. For more information, please visit our Personal Injury Forum
Keyword : injury, personal injury attorney, personal, plaintiff personal injury, attorney, personal injury cas
Lost or Stolen ATM Debit Cards - Your Liability
Author : Richard Chapo
As our economy becomes more and more digital, ATM debit cards have become a frequent payment method. This article discusses your liability for lost or stolen card charges.ATM Debit CardsATM debit cards have certainly made life a lot easier. For many people, carrying around a checkbook is a thing of the past. My debit card has been used so much I can barely see the numbers on it anymore. The downside, of course, is inevitably you will lose the card. For the unlucky, the card may even be stolen. If this occurs, you need to act quickly to cut off liability for any of the charges.ATM debit cards are not credit cards for legal purposes. With a credit card, your liability is limited to $50 so long as you let the credit card company know about fraudulent charges when you get your statement. The laws governing ATM debit cards provide much less protection.If you report an ATM debit card missing, you cannot be held liable for any subsequent withdrawals or charges. However, the rules are different if the unauthorized charges happen before you report the card missing:1. You are responsible for losses up to $50 if you report the card missing or stolen within two business days of unauthorized charges occurring.2. If you report the card lost or stolen after two business days have passed, you could be on the hook for up to $500 in unauthorized charges.3. If you fail to report the lost or stolen card within 60 days of receiving a bank statement with unauthorized charges, you are totally and completely liable for all charges.While these laws may see unfair at first, they really aren't. I procrastinate as much as the next person, but even I wouldn't wait 60 days to report a stolen or lost debit card. At some point, you simply have to take responsibility for your life. Heck, I don't think I could survive two days without a debit card.If you suffer a lost or stolen ATM debit card, contact your banking institution immediately. You'll regret it if you don't.Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.
Keyword : credit card, atm card, debit card, unauthorized charges, credit card rights, stolen atm card
As our economy becomes more and more digital, ATM debit cards have become a frequent payment method. This article discusses your liability for lost or stolen card charges.ATM Debit CardsATM debit cards have certainly made life a lot easier. For many people, carrying around a checkbook is a thing of the past. My debit card has been used so much I can barely see the numbers on it anymore. The downside, of course, is inevitably you will lose the card. For the unlucky, the card may even be stolen. If this occurs, you need to act quickly to cut off liability for any of the charges.ATM debit cards are not credit cards for legal purposes. With a credit card, your liability is limited to $50 so long as you let the credit card company know about fraudulent charges when you get your statement. The laws governing ATM debit cards provide much less protection.If you report an ATM debit card missing, you cannot be held liable for any subsequent withdrawals or charges. However, the rules are different if the unauthorized charges happen before you report the card missing:1. You are responsible for losses up to $50 if you report the card missing or stolen within two business days of unauthorized charges occurring.2. If you report the card lost or stolen after two business days have passed, you could be on the hook for up to $500 in unauthorized charges.3. If you fail to report the lost or stolen card within 60 days of receiving a bank statement with unauthorized charges, you are totally and completely liable for all charges.While these laws may see unfair at first, they really aren't. I procrastinate as much as the next person, but even I wouldn't wait 60 days to report a stolen or lost debit card. At some point, you simply have to take responsibility for your life. Heck, I don't think I could survive two days without a debit card.If you suffer a lost or stolen ATM debit card, contact your banking institution immediately. You'll regret it if you don't.Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com - providing legal services and legal advice to businesses in San Diego, California.
Keyword : credit card, atm card, debit card, unauthorized charges, credit card rights, stolen atm card
Questions to Ask Your Lawyer
Author : Charles Kassotis
When looking for a lawyer to handle a personal legal matter, you can usually find one by contacting the local bar association or an attorney referral service in your area. If those don't pan out, try the state bar association or word-of-mouth recommendations from satisfied friends, family members, or coworkers. After getting the names of two or three attorneys that specialize in the area for which you need assistance, make an appointment to "interview" each lawyer before you decide which one to retain as legal counsel. Some lawyers offer a free 30-minute consultation to discuss your case and see whether client and attorney suit each other. Here are some questions you may want to ask:1. How long have you specialized in this type of law? If the attorney has recently switched from probate to criminal law, and you are accused of committing a crime, you may want to look for a more experienced attorney. On the other hand, perhaps this attorney has been assisting a partner with criminal cases, or has done extensive work in this area previously. Find out if there is enough evidence to warrant your trust in this particular attorney for handling your case.2. What are your fees? Never retain an attorney who is vague about the cost of his or her services, or about the type of expenses you may have to pay. While it is natural to be unsure of an exact price for copying, telephone, and postage costs, the attorney should be able to give you a ballpark figure, as well as any potential costs for expert testimony, including depositions, interrogatories, or videotaping sessions and travel fees. Try to get an estimate in writing of at least the attorney's fee. Many charge by the hour or by the procedure, such as a $1,500 divorce. Others are required to collect a portion, like one-third, of any awards made in personal injury cases, for example.3. What are the chances of success for my case? This will apply to issues of litigation where you are suing someone in court. You want to get a percentage, like 60 percent or 20 percent, of what the outcome is likely to be. For other types of cases, such as estate planning, you can change the question to relate to matters involving your anticipated estate plan with applicable taxes.4. How often can I expect to hear from you? A competent attorney should be in regular contact with a client to provide status updates, even if there isn't much to report. A monthly phone call, email, or letter will help to allay worries and confirm hearing dates so that you don't get disconnected from the legal process for months at a time.5. What is the likely course of my case? Your attorney should be able to give you a clear outline of what to expect. Some types of cases might require a few meetings with the attorney. Others might demand court appearances and deposition sessions. Sketch a timeline of projected activity so you can plan accordingly.After comparing attorney responses to your questions, you may be in a better position to choose the attorney who will work most effectively to protect your interests.If you want to know more about lawyers, visit the Lawyer Research and Directory at
When looking for a lawyer to handle a personal legal matter, you can usually find one by contacting the local bar association or an attorney referral service in your area. If those don't pan out, try the state bar association or word-of-mouth recommendations from satisfied friends, family members, or coworkers. After getting the names of two or three attorneys that specialize in the area for which you need assistance, make an appointment to "interview" each lawyer before you decide which one to retain as legal counsel. Some lawyers offer a free 30-minute consultation to discuss your case and see whether client and attorney suit each other. Here are some questions you may want to ask:1. How long have you specialized in this type of law? If the attorney has recently switched from probate to criminal law, and you are accused of committing a crime, you may want to look for a more experienced attorney. On the other hand, perhaps this attorney has been assisting a partner with criminal cases, or has done extensive work in this area previously. Find out if there is enough evidence to warrant your trust in this particular attorney for handling your case.2. What are your fees? Never retain an attorney who is vague about the cost of his or her services, or about the type of expenses you may have to pay. While it is natural to be unsure of an exact price for copying, telephone, and postage costs, the attorney should be able to give you a ballpark figure, as well as any potential costs for expert testimony, including depositions, interrogatories, or videotaping sessions and travel fees. Try to get an estimate in writing of at least the attorney's fee. Many charge by the hour or by the procedure, such as a $1,500 divorce. Others are required to collect a portion, like one-third, of any awards made in personal injury cases, for example.3. What are the chances of success for my case? This will apply to issues of litigation where you are suing someone in court. You want to get a percentage, like 60 percent or 20 percent, of what the outcome is likely to be. For other types of cases, such as estate planning, you can change the question to relate to matters involving your anticipated estate plan with applicable taxes.4. How often can I expect to hear from you? A competent attorney should be in regular contact with a client to provide status updates, even if there isn't much to report. A monthly phone call, email, or letter will help to allay worries and confirm hearing dates so that you don't get disconnected from the legal process for months at a time.5. What is the likely course of my case? Your attorney should be able to give you a clear outline of what to expect. Some types of cases might require a few meetings with the attorney. Others might demand court appearances and deposition sessions. Sketch a timeline of projected activity so you can plan accordingly.After comparing attorney responses to your questions, you may be in a better position to choose the attorney who will work most effectively to protect your interests.If you want to know more about lawyers, visit the Lawyer Research and Directory at
http://www.lawyerget.com
Keyword : lawyer,attorney,attorneys,lawyers,lawyer research,attorney research
How to Work with Florida's Lemon Law
Author : E. B. Randall
If you haven't read the article on "Coverage Under Florida's Lemon Law," you're strongly encouraged to read that first so that you're clear on what vehicles, under what circumstances are and aren't covered by the Florida Lemon Laws. This article is about the procedures which are necessary when you decide to pursue your rights under the Florida Lemon Laws.Your first concern is how long has it been since you bought the vehicle. A Lemon Law action can be brought during what is generally called the "Lemon Law Rights Period." This period is the eighteen (18) months beginning on the original delivery date or the first twenty-four thousand (24,000) miles. The period ends with whichever occurs first.The process required often seems to be both long and complicated. While it can be discouraging at first, if you are willing to be patient, stay with it and be sure to follow the procedures carefully, you can succeed. Don't give up and don't let anything discourage you from trying.What follows is an outline of the process, the basic requirements and the steps involved:First, within the Lemon Law Rights Period, there must have been either (a) a minimum of three attempts by the manufacturer or its agent to repair the vehicle for the same defect (b) the vehicle must have been unusable for reason of attempted repair by the manufacturer (or its agent) for one or more defects for a total of thirty days or more. This does not include any periods for maintenance dictated by the owner's manual.Second, when vehicle reaches a cumulative total of fifteen or more days being out of service for repair by the manufacturer or its agent for one or more defects, the owner is required to give written notice of the need for repair, by registered or express mail, to the manufacturer. Then the manufacturer has one last chance to fix the defect.Third, if this final attempt at repair fails, then manufacturer must either replace or repurchase the motor vehicle within forty days. However, it isn't automatic. You must continue to follow the proper procedures to enforce your rights by following these steps:If the manufacturer has a dispute-settlement procedure then you need to apply under that procedure. Not every manufacturer does, so be sure to check with the manufacturer.
If you're not pleased with the decision of the manufacturer's dispute-settlement procedure, you can then apply to be heard by the State of Florida's New Motor Vehicle Arbitration Board.
If Florida's New Motor Vehicle Arbitration Board declines to hear the case OR it hears the case but makes a ruling against you, you can now file the case in Circuit Court. If you are appealing from a ruling against you by the Board, you need to do it within 30 (thirty) days of that ruling.In the most general terms, the covered vehicle must have been subject to repair for the same defect (which impairs the value, safety or usability of the vehicle) for at least thirty (30) days. This must occur during the Lemon Law Rights Period. You must also be acting in good faith and must follow the law in providing proper notice to the manufacturer. Finally, you will need to submit to arbitration.The Office of the Attorney General has published more complete information in "Preserving Your Rights Under The Lemon Law." You can obtain this publication through the Division of Consumer Services at: (800)321-5366 or by writing to:Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050E.B. Randall writes on a variety of subjects including issues such as lemon law vehicles. If you live in Florida and if you think you have a lemon car or truck, read this and visit http://lemon-law.werkz.info for more about how to cope with anothe rpiece of automotive lemon junk.
Keyword : fl lemon law, florida lemon law, lemon law florida, lemon law, lemon laws, lemon car, lemon vehicle
If you haven't read the article on "Coverage Under Florida's Lemon Law," you're strongly encouraged to read that first so that you're clear on what vehicles, under what circumstances are and aren't covered by the Florida Lemon Laws. This article is about the procedures which are necessary when you decide to pursue your rights under the Florida Lemon Laws.Your first concern is how long has it been since you bought the vehicle. A Lemon Law action can be brought during what is generally called the "Lemon Law Rights Period." This period is the eighteen (18) months beginning on the original delivery date or the first twenty-four thousand (24,000) miles. The period ends with whichever occurs first.The process required often seems to be both long and complicated. While it can be discouraging at first, if you are willing to be patient, stay with it and be sure to follow the procedures carefully, you can succeed. Don't give up and don't let anything discourage you from trying.What follows is an outline of the process, the basic requirements and the steps involved:First, within the Lemon Law Rights Period, there must have been either (a) a minimum of three attempts by the manufacturer or its agent to repair the vehicle for the same defect (b) the vehicle must have been unusable for reason of attempted repair by the manufacturer (or its agent) for one or more defects for a total of thirty days or more. This does not include any periods for maintenance dictated by the owner's manual.Second, when vehicle reaches a cumulative total of fifteen or more days being out of service for repair by the manufacturer or its agent for one or more defects, the owner is required to give written notice of the need for repair, by registered or express mail, to the manufacturer. Then the manufacturer has one last chance to fix the defect.Third, if this final attempt at repair fails, then manufacturer must either replace or repurchase the motor vehicle within forty days. However, it isn't automatic. You must continue to follow the proper procedures to enforce your rights by following these steps:If the manufacturer has a dispute-settlement procedure then you need to apply under that procedure. Not every manufacturer does, so be sure to check with the manufacturer.
If you're not pleased with the decision of the manufacturer's dispute-settlement procedure, you can then apply to be heard by the State of Florida's New Motor Vehicle Arbitration Board.
If Florida's New Motor Vehicle Arbitration Board declines to hear the case OR it hears the case but makes a ruling against you, you can now file the case in Circuit Court. If you are appealing from a ruling against you by the Board, you need to do it within 30 (thirty) days of that ruling.In the most general terms, the covered vehicle must have been subject to repair for the same defect (which impairs the value, safety or usability of the vehicle) for at least thirty (30) days. This must occur during the Lemon Law Rights Period. You must also be acting in good faith and must follow the law in providing proper notice to the manufacturer. Finally, you will need to submit to arbitration.The Office of the Attorney General has published more complete information in "Preserving Your Rights Under The Lemon Law." You can obtain this publication through the Division of Consumer Services at: (800)321-5366 or by writing to:Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050E.B. Randall writes on a variety of subjects including issues such as lemon law vehicles. If you live in Florida and if you think you have a lemon car or truck, read this and visit http://lemon-law.werkz.info for more about how to cope with anothe rpiece of automotive lemon junk.
Keyword : fl lemon law, florida lemon law, lemon law florida, lemon law, lemon laws, lemon car, lemon vehicle
The Holographic Lawyer is Almost Here
Author : Lance Winslow
No one can deny that there are more than enough lawyers in the world choking our nation's economic engine and industrial capacity. The efficiencies of all sectors of our financial markets are burdened from a nation which is over lawyered, where lawsuits are more common that rat births. Each year thousands of lawyers are accepted into the bar and released into the wild to do their damages on our economic vitality.But I have some good news and it does not involve saving a bunch of money on my car insurance by switching to Gieko. In fact I am grateful to alert you to the fact that lawyers are on their way out. They will soon be replaced by Holographic Images and robotic humanoids to help you with your case, which is fitting indeed, as many say that "lawyers have no souls" in fact there is no empirical evidence ever presented in any court of law in the 200-years of United States History showing that they are human at all?Whether the rumors and stories about Lawyers having "no soul" are correct or not is immaterial because soon such Holographic Technologies will become a virtual or augmented reality and Lawyers will no longer be needed at all. Now then how do we get rid of the Politicians? Think on this.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : holographic lawyer, legal, business, lawsuits, no soul, united states history, politicians
No one can deny that there are more than enough lawyers in the world choking our nation's economic engine and industrial capacity. The efficiencies of all sectors of our financial markets are burdened from a nation which is over lawyered, where lawsuits are more common that rat births. Each year thousands of lawyers are accepted into the bar and released into the wild to do their damages on our economic vitality.But I have some good news and it does not involve saving a bunch of money on my car insurance by switching to Gieko. In fact I am grateful to alert you to the fact that lawyers are on their way out. They will soon be replaced by Holographic Images and robotic humanoids to help you with your case, which is fitting indeed, as many say that "lawyers have no souls" in fact there is no empirical evidence ever presented in any court of law in the 200-years of United States History showing that they are human at all?Whether the rumors and stories about Lawyers having "no soul" are correct or not is immaterial because soon such Holographic Technologies will become a virtual or augmented reality and Lawyers will no longer be needed at all. Now then how do we get rid of the Politicians? Think on this.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : holographic lawyer, legal, business, lawsuits, no soul, united states history, politicians
Effectively Communicating With Your Attorney
Author : Charles Kassotis
Anyone who has hired an attorney for legal representation is entitled to frequent communication and status reports. Every client deserves to know where the case is headed and get an update on the attorney's progress, or lack of it. If you are thinking about retaining a lawyer, or already have one, here are a few pointers about what to expect from or initiate with your legal counselor.1. Clients should receive status reports on case developments. Any action that your attorney takes on your behalf should be discussed with you beforehand and afterward. You need to know how the case is being processed, and the means your attorney is using to accomplish client goals. Pleadings, hearings, pre-trials, and trial preparation, along with required due-dates, are just some of the matters that clients need to know about. If your attorney does not inform you of these things in a timely manner, ask for periodic updates so you can keep abreast of case developments.2. You should receive a return call from your attorney when you leave a message. Most legal representatives hire competent secretaries or assistants to handle phone calls and relay messages from clients. Assuming that your lawyer is in town and not involved in a major trial, he or she ought to be able to return your call within a day or two. If you are calling and leaving several messages that seldom bring a response, your attorney is not doing a good job. If there is a head of the firm, you might want to get in touch with that person to explain your dissatisfaction.3. Most people can be reached in a variety of ways, including cell phone, fax, landline, email, and post. Tell your attorney which method you prefer, and provide one or more alternate means of contact in case the first should fail for some reason. Ask for the same information from your lawyer so that if you need to get in touch, you will be able to do so in more than one way.4. Use a message system. Either set up a voice mail recorder on your home phone or utilize one at work or on your cell phone. Ask your lawyer that if he or she is unavailable, whether you can leave messages with the secretary or in a voice message box. Sometimes direct contact is impossible, but messages can relay information on a temporary basis.5. Expect routine communication. If you are not hearing from your attorney on a monthly basis, at least, while he or she is managing an active case for you, request monthly updates in writing or by phone. You can even offer to call in for them if that will make the lawyer's job easier. The important thing is that you stay connected so the two of you can do a better job of working for a positive outcome to your legal case. If your lawyer does not contact you, be sure and get in touch with him or her.Take advantage of attorney location services when you visit The Attorney Search Directory
Keyword : law,attorney,lawyer,legal
Anyone who has hired an attorney for legal representation is entitled to frequent communication and status reports. Every client deserves to know where the case is headed and get an update on the attorney's progress, or lack of it. If you are thinking about retaining a lawyer, or already have one, here are a few pointers about what to expect from or initiate with your legal counselor.1. Clients should receive status reports on case developments. Any action that your attorney takes on your behalf should be discussed with you beforehand and afterward. You need to know how the case is being processed, and the means your attorney is using to accomplish client goals. Pleadings, hearings, pre-trials, and trial preparation, along with required due-dates, are just some of the matters that clients need to know about. If your attorney does not inform you of these things in a timely manner, ask for periodic updates so you can keep abreast of case developments.2. You should receive a return call from your attorney when you leave a message. Most legal representatives hire competent secretaries or assistants to handle phone calls and relay messages from clients. Assuming that your lawyer is in town and not involved in a major trial, he or she ought to be able to return your call within a day or two. If you are calling and leaving several messages that seldom bring a response, your attorney is not doing a good job. If there is a head of the firm, you might want to get in touch with that person to explain your dissatisfaction.3. Most people can be reached in a variety of ways, including cell phone, fax, landline, email, and post. Tell your attorney which method you prefer, and provide one or more alternate means of contact in case the first should fail for some reason. Ask for the same information from your lawyer so that if you need to get in touch, you will be able to do so in more than one way.4. Use a message system. Either set up a voice mail recorder on your home phone or utilize one at work or on your cell phone. Ask your lawyer that if he or she is unavailable, whether you can leave messages with the secretary or in a voice message box. Sometimes direct contact is impossible, but messages can relay information on a temporary basis.5. Expect routine communication. If you are not hearing from your attorney on a monthly basis, at least, while he or she is managing an active case for you, request monthly updates in writing or by phone. You can even offer to call in for them if that will make the lawyer's job easier. The important thing is that you stay connected so the two of you can do a better job of working for a positive outcome to your legal case. If your lawyer does not contact you, be sure and get in touch with him or her.Take advantage of attorney location services when you visit The Attorney Search Directory
Keyword : law,attorney,lawyer,legal
Employment Discrimination Lawyers and Lawsuit
Author : Lance Winslow
It would appear that we have too many rules, quotas and discrimination lawsuits in American Business. Indeed in the end this hurts us all. A businessperson should be able to hire whomever they wish without any rule of law compelling them in their employment process.As a businessperson I want to hire the best man or woman, the most efficient who will perform the best quality. If that happens to be a Blue person, so what? If I higher a larger percentage of Green people, because they work better together and are on average smarter than humans, then I do not want anyone breathing down my neck because they do not see enough Purple People working over here.Government needs to stay out of these things. Because government does nothing well and by threatening or pretending to enforce theories of quotas or starting cases or investigations over which color of people XYZ company hires then everyone loses. In fact perhaps this is why the government is so inefficient, as they are worrying so much about being politically correct they cannot get anything done.The best person should get the job, because they deserve it and provide better productivity and in this way the competition in labor supply will solve all the problems and prevent people from getting a leverage against a business while giving lower productivity.More efficiency in a company, means more profit, better expansion, more hiring, better tax revenues generated and that is good for the vitality of our economy and very good for all people who want good jobs. To hell with anyone who suggests any more rules and regulations on labor or employment law, as that only helps attorney firms, which are in cahoots with regulators and professional parasites perpetuating this political correctness.Stay out of my business we should hire who we want, when we want and the best person will get the job, that is the American Way and that is fair for all concerned. Everyone knows that applying racism to business is unprofitable, those that do will fail. Therefore the free market will fix it, but it cannot until the government gets out of the way, along with their string pulling lawyers. Caesar where are you now?Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : employment laywers, lawsuits, employee, regulators, job, attorney firms
It would appear that we have too many rules, quotas and discrimination lawsuits in American Business. Indeed in the end this hurts us all. A businessperson should be able to hire whomever they wish without any rule of law compelling them in their employment process.As a businessperson I want to hire the best man or woman, the most efficient who will perform the best quality. If that happens to be a Blue person, so what? If I higher a larger percentage of Green people, because they work better together and are on average smarter than humans, then I do not want anyone breathing down my neck because they do not see enough Purple People working over here.Government needs to stay out of these things. Because government does nothing well and by threatening or pretending to enforce theories of quotas or starting cases or investigations over which color of people XYZ company hires then everyone loses. In fact perhaps this is why the government is so inefficient, as they are worrying so much about being politically correct they cannot get anything done.The best person should get the job, because they deserve it and provide better productivity and in this way the competition in labor supply will solve all the problems and prevent people from getting a leverage against a business while giving lower productivity.More efficiency in a company, means more profit, better expansion, more hiring, better tax revenues generated and that is good for the vitality of our economy and very good for all people who want good jobs. To hell with anyone who suggests any more rules and regulations on labor or employment law, as that only helps attorney firms, which are in cahoots with regulators and professional parasites perpetuating this political correctness.Stay out of my business we should hire who we want, when we want and the best person will get the job, that is the American Way and that is fair for all concerned. Everyone knows that applying racism to business is unprofitable, those that do will fail. Therefore the free market will fix it, but it cannot until the government gets out of the way, along with their string pulling lawyers. Caesar where are you now?Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : employment laywers, lawsuits, employee, regulators, job, attorney firms
Prepaid Legal: A Practical way to "Retain" Lawyers and Legal Help
Author : James Hunt
Nearly everyone will need lawyers at some point in his or her life. Whether it's to draft a will, draw up a contract, find legal help and advice or obtain a divorce, lawyers provide the expertise other citizens don't have. However, legal help can be expensive, and most people can't afford to retain a lawyer or a firm for those instances when something just comes up. An increasingly popular solution to this problem is prepaid legal.Prepaid legal functions on much the same premise as insurance. When one buys auto insurance, the expectation is that a regularly paid premium assures the purchaser that the company will cover the expenses necessary to fix an unexpected problem. Medical/health insurance carries with it the same expectation.When purchasing legal help through a prepaid legal plan, one is, in essence, receiving legal insurance. Lawyers are on hand to provide advice and/or representation as needed. However, like other forms of insurance, prepaid legal features different levels of covered services and different prices, depending upon which plan is chosen.Some employers offer prepaid legal help as a fringe benefit. It is also possible to purchase through "group legal plans" through coops and other groups. Before choosing a plan, however, it is important to be sure the company offering the service is reputable. Checking with the Better Business Bureau can be a big help.Lawyers can be expensive. Hourly rates are high, and the cost of legal help on retainer is often prohibitive for most people without large amounts of wealth. But at some point everyone will experience a need for legal help, or at least access to lawyers. A prepaid legal plan can help alleviate the high cost of legal representation, while ensuring that legal advice is readily available.James Hunt has spent 15 years as a professional writer and researcher covering stories that cover a whole spectrum of interest.
Read more at
Nearly everyone will need lawyers at some point in his or her life. Whether it's to draft a will, draw up a contract, find legal help and advice or obtain a divorce, lawyers provide the expertise other citizens don't have. However, legal help can be expensive, and most people can't afford to retain a lawyer or a firm for those instances when something just comes up. An increasingly popular solution to this problem is prepaid legal.Prepaid legal functions on much the same premise as insurance. When one buys auto insurance, the expectation is that a regularly paid premium assures the purchaser that the company will cover the expenses necessary to fix an unexpected problem. Medical/health insurance carries with it the same expectation.When purchasing legal help through a prepaid legal plan, one is, in essence, receiving legal insurance. Lawyers are on hand to provide advice and/or representation as needed. However, like other forms of insurance, prepaid legal features different levels of covered services and different prices, depending upon which plan is chosen.Some employers offer prepaid legal help as a fringe benefit. It is also possible to purchase through "group legal plans" through coops and other groups. Before choosing a plan, however, it is important to be sure the company offering the service is reputable. Checking with the Better Business Bureau can be a big help.Lawyers can be expensive. Hourly rates are high, and the cost of legal help on retainer is often prohibitive for most people without large amounts of wealth. But at some point everyone will experience a need for legal help, or at least access to lawyers. A prepaid legal plan can help alleviate the high cost of legal representation, while ensuring that legal advice is readily available.James Hunt has spent 15 years as a professional writer and researcher covering stories that cover a whole spectrum of interest.
Read more at
http://www.legal-help-finder.info
Keyword : fringe benefit, employer, legal, lawyer, insurance
Chicago Personal Injury Lawsuits
Author : Jason Gluckman
Personal injury lawsuits are filed when an individual is injured from negligence or fault of another person. Usually, these kinds of lawsuits adhere to a similar outline throughout the country, but you would still find small differences in the personal injury laws in different states. Such lawsuits are meant to compensate the injured party and prevent any recurrence of the activities that brought about the injury in the first place.Sometimes, personal injury lawsuits are also referred to as tort law. Personal injury lawsuits do not only consist of physical pain, but they also take account emotional and financial hardships. Some of the damages that you will be able to obtain are medical expenses, physical pain, lost wages, and disfigurement.Negligence, strict liability, and intentional wrong are some of reasons for which the liability and damages in a personal injury lawsuit can be established and paid for. Even though great numbers of personal injury lawsuits are settled out of court, quite a few go to trial. Juries that review these cases are accountable for awarding the plaintiff with a monetary sum if they deem him or her entitled. Also, they come to a decision on the actual monetary sum that is to be paid out.For most every personal injury lawsuit, people are required to find and hire a lawyer. In view of the fact that the nature of law can be exceptionally intricate, a personal injury lawyer will be best qualified to guide you in the course of the legal process. These lawyers have skill in personal injury cases and can provide you the information you need.Chicago Personal Injury Lawyers provides detailed information about Chicago personal injury lawyers, Chicago personal injury funding, chicago personal injury law firms, and more. Chicago Personal Injury Lawyers is affiliated with Traumatic Brain Injury Lawyer.
Keyword : chicago personal injury lawyers, chicago personal injury funding, chicago personal injury law firms
Personal injury lawsuits are filed when an individual is injured from negligence or fault of another person. Usually, these kinds of lawsuits adhere to a similar outline throughout the country, but you would still find small differences in the personal injury laws in different states. Such lawsuits are meant to compensate the injured party and prevent any recurrence of the activities that brought about the injury in the first place.Sometimes, personal injury lawsuits are also referred to as tort law. Personal injury lawsuits do not only consist of physical pain, but they also take account emotional and financial hardships. Some of the damages that you will be able to obtain are medical expenses, physical pain, lost wages, and disfigurement.Negligence, strict liability, and intentional wrong are some of reasons for which the liability and damages in a personal injury lawsuit can be established and paid for. Even though great numbers of personal injury lawsuits are settled out of court, quite a few go to trial. Juries that review these cases are accountable for awarding the plaintiff with a monetary sum if they deem him or her entitled. Also, they come to a decision on the actual monetary sum that is to be paid out.For most every personal injury lawsuit, people are required to find and hire a lawyer. In view of the fact that the nature of law can be exceptionally intricate, a personal injury lawyer will be best qualified to guide you in the course of the legal process. These lawyers have skill in personal injury cases and can provide you the information you need.Chicago Personal Injury Lawyers provides detailed information about Chicago personal injury lawyers, Chicago personal injury funding, chicago personal injury law firms, and more. Chicago Personal Injury Lawyers is affiliated with Traumatic Brain Injury Lawyer.
Keyword : chicago personal injury lawyers, chicago personal injury funding, chicago personal injury law firms
How Do Bail Bonds Work?
Author : Damian Sofsian
The posting of a bail bond is a contractual undertaking guaranteed by a bail agent and an individual posting bail. This bail agent provides a guarantee to the court that the defendant will appear in court each and every time he or she is summoned by the judge.A relative or a family friend contacts the bail agent, before the defendant is released, to arrange for the posting of a bail. The bail agent gets a percentage of the amount decided by the judge for that particular defendant. By signing the agreement with the bail agent regarding posting the bail, the defendant or the co-signer, who might be a relative or a family friend, must provide a guarantee that the bail amount will definitely be paid in full if the defendant fails to appear at the summons. After an agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendant's return to court.Some bail agents prefer to have the defendant or the co-signer arrange for a collateral. Even if the collateral is not requested by the agent, the minimum criteria is that the co-signer must have a steady income, and must either own or rent a home in the same area as the defendant for some period of time. If the bail agent or the co-signer is unable to locate the defendant, the cosigner is immediately responsible for the full amount of the bail. After the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.If the defendant cannot raise the entire amount of the bail, then the court might allow a situation in which the defendant pays a percentage of the amount directly to the local jail or court. But this is not a common practice in most courts.Defendants also have the option of arranging for their bail through a bail bondsman. However, this involves the defendant providing a collateral to the bail bondsman. The bail bondsman or bail bond company representative will then guarantee to pay the court if the defendant fails to appear for trial, by posting a surety bail bond power of attorney with the jail or court. After the defendant has completed all court appearances and the case is closed, the bail bond will be dissolved and any collateral given to the bail bondsman will be returned to the defendant shortly thereafter.A co-signer always has the responsibility to ensure that the defendant appears in court as and when required. The co-signer must know the whereabouts of the defendant at all times and must immediately notify the bail bondsman if the defendant has moved. Since the co-signer's collateral is at risk if the defendant fails to show up as summoned, it is advised to be cautious when it comes to keeping an eye on the defendant.Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with Free Criminal Records.
Keyword : bail bonds, bail bond companies, bail bond license
The posting of a bail bond is a contractual undertaking guaranteed by a bail agent and an individual posting bail. This bail agent provides a guarantee to the court that the defendant will appear in court each and every time he or she is summoned by the judge.A relative or a family friend contacts the bail agent, before the defendant is released, to arrange for the posting of a bail. The bail agent gets a percentage of the amount decided by the judge for that particular defendant. By signing the agreement with the bail agent regarding posting the bail, the defendant or the co-signer, who might be a relative or a family friend, must provide a guarantee that the bail amount will definitely be paid in full if the defendant fails to appear at the summons. After an agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendant's return to court.Some bail agents prefer to have the defendant or the co-signer arrange for a collateral. Even if the collateral is not requested by the agent, the minimum criteria is that the co-signer must have a steady income, and must either own or rent a home in the same area as the defendant for some period of time. If the bail agent or the co-signer is unable to locate the defendant, the cosigner is immediately responsible for the full amount of the bail. After the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.If the defendant cannot raise the entire amount of the bail, then the court might allow a situation in which the defendant pays a percentage of the amount directly to the local jail or court. But this is not a common practice in most courts.Defendants also have the option of arranging for their bail through a bail bondsman. However, this involves the defendant providing a collateral to the bail bondsman. The bail bondsman or bail bond company representative will then guarantee to pay the court if the defendant fails to appear for trial, by posting a surety bail bond power of attorney with the jail or court. After the defendant has completed all court appearances and the case is closed, the bail bond will be dissolved and any collateral given to the bail bondsman will be returned to the defendant shortly thereafter.A co-signer always has the responsibility to ensure that the defendant appears in court as and when required. The co-signer must know the whereabouts of the defendant at all times and must immediately notify the bail bondsman if the defendant has moved. Since the co-signer's collateral is at risk if the defendant fails to show up as summoned, it is advised to be cautious when it comes to keeping an eye on the defendant.Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with Free Criminal Records.
Keyword : bail bonds, bail bond companies, bail bond license
Private Investigators - Part V
Author : Michael Russell
In this article in our series on private investigators we're going to cover where private investigators get their training, how they go about getting employment, what the job outlook is for new investigators and what investigators can expect to earn.Private investigators get their training from a variety of sources depending on what area of investigations they want to go into. For example, a person who wants to get into criminal investigation working for criminal defense or prosecution lawyers may go to a police academy first and get training as a police officer specializing in criminal investigations. Others may go to college and take up criminology or some related discipline. Those who want to become investigators for corporations may go to college and take up finance or accounting. The avenues of education that are open to one wishing to pursue a career as a private investigator are virtually limitless.Some investigators, however, may get their training from specialized agencies that are set up for the sole purpose of training private investigators. One such organization is the National Association of Legal Investigators (NALI). This organization not only provides training but also administers written and oral exams that a person must pass in order to get certified.So, how does a private investigator get employment once they have become certified? There are essentially two avenues they can pursue. They can either set up their own agency if they have the funds, though in most cases this is not a first option, or they can apply for a job with an existing agency. Unfortunately, most agencies are small and offer little chance for advancement. Unlike law enforcement, there are no defined ranks or steps. Advancement comes in the form of increased salary and assignments and is usually solely based on job performance. In the case of legal and corporate investigators there is the chance that one may eventually become supervisor or manager of the department.In the most recent census of private investigators, there were about 43,000 registered in the United States. About 26% of those are self employed. Many of these hold secondary jobs as well because private investigation work can be very erratic. Sometimes there is more work than one can handle in a day and at other times the cases are hard to come by. About 27 percent of the jobs were in investigation and security services. About 15 percent of the jobs were in departments of general merchandise stores. The remainder worked in state and local government jobs.The job outlook is good even though private investigation is a very competitive field. Many qualified people are interested in this line of work. Fortunately the demand for investigators is expected to grow very fast up until the year 2014.For those interested in becoming an investigator and wanting to know what kind of money they can expect to make, the average salary in 2004 was about $32,000. The middle 50% earned between $24,000 and $43,000. The lowest 10% earned just slightly under $20,000. The upper 10% earned about $58,000. The amount of money a private detective and investigator earns varies greatly by employer, specialty, and geographic area.
-------------------------------------------------------
Michael Russell
Your Independent guide to Private Investigators
Home Business Training and Information Guides
-------------------------------------------------------
Keyword : private investigator
In this article in our series on private investigators we're going to cover where private investigators get their training, how they go about getting employment, what the job outlook is for new investigators and what investigators can expect to earn.Private investigators get their training from a variety of sources depending on what area of investigations they want to go into. For example, a person who wants to get into criminal investigation working for criminal defense or prosecution lawyers may go to a police academy first and get training as a police officer specializing in criminal investigations. Others may go to college and take up criminology or some related discipline. Those who want to become investigators for corporations may go to college and take up finance or accounting. The avenues of education that are open to one wishing to pursue a career as a private investigator are virtually limitless.Some investigators, however, may get their training from specialized agencies that are set up for the sole purpose of training private investigators. One such organization is the National Association of Legal Investigators (NALI). This organization not only provides training but also administers written and oral exams that a person must pass in order to get certified.So, how does a private investigator get employment once they have become certified? There are essentially two avenues they can pursue. They can either set up their own agency if they have the funds, though in most cases this is not a first option, or they can apply for a job with an existing agency. Unfortunately, most agencies are small and offer little chance for advancement. Unlike law enforcement, there are no defined ranks or steps. Advancement comes in the form of increased salary and assignments and is usually solely based on job performance. In the case of legal and corporate investigators there is the chance that one may eventually become supervisor or manager of the department.In the most recent census of private investigators, there were about 43,000 registered in the United States. About 26% of those are self employed. Many of these hold secondary jobs as well because private investigation work can be very erratic. Sometimes there is more work than one can handle in a day and at other times the cases are hard to come by. About 27 percent of the jobs were in investigation and security services. About 15 percent of the jobs were in departments of general merchandise stores. The remainder worked in state and local government jobs.The job outlook is good even though private investigation is a very competitive field. Many qualified people are interested in this line of work. Fortunately the demand for investigators is expected to grow very fast up until the year 2014.For those interested in becoming an investigator and wanting to know what kind of money they can expect to make, the average salary in 2004 was about $32,000. The middle 50% earned between $24,000 and $43,000. The lowest 10% earned just slightly under $20,000. The upper 10% earned about $58,000. The amount of money a private detective and investigator earns varies greatly by employer, specialty, and geographic area.
-------------------------------------------------------
Michael Russell
Your Independent guide to Private Investigators
Home Business Training and Information Guides
-------------------------------------------------------
Keyword : private investigator
Here's a "Golden Nugget"... Win Your Disability Case by Obtaining Your Personnel File from Work
Author : Scott E. Davis
Sometimes as a disability lawyer, one must be more creative than usual in order to win a client's disability claim. Such a situation presented itself recently in of all places, the city of creativity, Las Vegas, Nevada.I am blessed with a great disability practice as I have the opportunity to represent very honest, hard working people throughout the United States who are unable to work. I am fond of saying that we represent people who have good cases to begin with…our job is to make them better.However, occasionally a client's case does not "come together" the way we had hoped. This problem manifests itself in many different ways. It can be the treating doctor who does not want to help, or the medical records are of poor quality, are illegible, or do not assist anyone in understanding the severity of the client's medical conditions.Unfortunately for my client in Las Vegas, a number of things fell apart in her case - we were left with scant evidence. In fact, two doctors (worker's compensation and social security) opined she could work during the same time she alleged she became disabled. At 32 years old, her age was not on our side.Quite frankly, the outcome on her case looked grim. However, I've learned when a case does not come together one must get creative and dig deeper rather than quit.While reviewing the file before the hearing I asked myself, "How in the world are we going to win this case?" Suddenly, I ran across the proverbial Golden Nugget in the case. Had we turned an apparent empty hand into a Royal Flush?Let me break the suspense…my client with fibromyalgia and chronic migraine headaches won her case. Although I have traveled throughout the country and seen a lot happen at hearings, I was amazed at what transpired.At the hearing, this evidence roared like the MGM Hotel's Lion. What was it? The client's personnel file from a job she was fired from 5 years before she became disabled. Yes, 5 years! How in the world was this even relevant if she managed to work for years after this? Many SSA bureaucrats and judges would not look at this evidence due to that fact …but this judge did.The personnel file was relevant because it corroborated her story. As stated, she was disabled due to chronic pain from fibromyalgia and migraine headaches. She testified at the hearing she was fired from "many jobs" due to poor attendance and productivity problems.One can testify to anything at a hearing; but it's a whole 'nother blackjack game when you have documents corroborating your testimony. Her personnel file contained a "warning letter" and "termination letter" two months later for excessive absences; due to…you guessed it…migraine headaches. There was also a letter from her treating doctor asking the company to accommodate her medical problems as he explained her medical problems were genuine and would cause her to miss work.The company documented she was missing work over 30% of the time prior to and after the warning letter. For two months following the warning letter her attendance problems continued. The inevitable termination letter offered condolences, but also documented the significant negative impact her problems were having on this small company. The company explained it needed an employee who was "reliable." The letter was perfect evidence to support a disability claim.At the hearing, I quickly referenced the personnel file and the judge made it clear he was indeed, very impressed with it. I developed testimony from my client about how the problem did not resolve over the ensuing five year period, resulting in several more job terminations and the filing of a disability claim.The judge, bless his heart, was candid with me following the hearing as he explained he was not impressed with the case as there were many problems. I agreed. But 10 minutes after the hearing began, it was over.You should be aware this is not the first time a client of mine has won their case using primarily a personnel file. Follow these tips to get the most out of your personnel file and evidence you submit in your disability claim.1. How to obtain your personnel fileFirst, it is obvious you must obtain the file. This may be as simple as sending a letter or authorization to release records to your former employer. But beware, many companies are reluctant to part with this information due to concern over you suing them for various reasons including the failure to accommodate under the American's with Disability Act (ADA). Ameliorate this fear by telling them why you want it, it usually works.I usually have my client ask for the file because if I call, an alarm goes off. Try to turn on the charm and deal directly with the Human Resource department; if the corporate bean counters get involved or worse, their lawyers, you'll likely never see the file.If the company says "No" you've got a problem unless your disability claim is pending a hearing before a judge. This is because you lack subpoena power; you can't force the company to turn it over. But, upon a showing to the judge why the file is relevant, you can ask him/her to issue a subpoena and the company should comply. By the way, if you have dealt with a nasty Human Resource department in trying to get your file, it is therapeutic to hear them moan and groan after being subpoenaed. Gotcha!Only get the judge involved if you are certain the file contains (or should) evidence that advances your disability case.2. What your looking for in the personnel fileThe things I look for are attendance records, records documenting how much sick leave has been used, warning letters regarding performance problems and job evaluations. Rarely does a personnel file contain all these potential "Golden Nuggets," but most will contain at least one if you documented your problems while working. Often an employee's job evaluations will begin to deteriorate toward the tail end of employment. However, good evaluations are relevant as they bolster your credibility when you testify that you enjoyed working and would like to return if only you could.If there is good evidence in the file, then submit it to SSA and/or the judge.3. How to document your personnel fileThis is a very delicate issue, and I confess I am not an employment law attorney. There is a fine line between documenting your personnel file with your medical problems while working and creating your demise by losing your job.However, if you are sure you are unable to continue working and plan on filing a disability claim, I think it is prudent to document your problems. If you are missing time from work or are having problems functioning due to a medical problem, get that into your personnel file. If you are exhausting your vacation or sick time, let the company know why. Get a letter from your doctor to address the reasons for your absences. Once confronted with this documentation, most companies will likely go out of their way to accommodate your medical condition and special needs, at least for a period of time.Remember, in a disability claim, you should always try to have another independent source corroborating the story about your trials and tribulations which led to your inability to work. Affidavits are one source of evidence and I encourage you to view your personnel file another means to this end. Best of luck in pursuing your disability claim and remember, never quit!Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com
Keyword : ssdi,ssi,ss,social security,social security disability,social security lawyer,disability insurance
Sometimes as a disability lawyer, one must be more creative than usual in order to win a client's disability claim. Such a situation presented itself recently in of all places, the city of creativity, Las Vegas, Nevada.I am blessed with a great disability practice as I have the opportunity to represent very honest, hard working people throughout the United States who are unable to work. I am fond of saying that we represent people who have good cases to begin with…our job is to make them better.However, occasionally a client's case does not "come together" the way we had hoped. This problem manifests itself in many different ways. It can be the treating doctor who does not want to help, or the medical records are of poor quality, are illegible, or do not assist anyone in understanding the severity of the client's medical conditions.Unfortunately for my client in Las Vegas, a number of things fell apart in her case - we were left with scant evidence. In fact, two doctors (worker's compensation and social security) opined she could work during the same time she alleged she became disabled. At 32 years old, her age was not on our side.Quite frankly, the outcome on her case looked grim. However, I've learned when a case does not come together one must get creative and dig deeper rather than quit.While reviewing the file before the hearing I asked myself, "How in the world are we going to win this case?" Suddenly, I ran across the proverbial Golden Nugget in the case. Had we turned an apparent empty hand into a Royal Flush?Let me break the suspense…my client with fibromyalgia and chronic migraine headaches won her case. Although I have traveled throughout the country and seen a lot happen at hearings, I was amazed at what transpired.At the hearing, this evidence roared like the MGM Hotel's Lion. What was it? The client's personnel file from a job she was fired from 5 years before she became disabled. Yes, 5 years! How in the world was this even relevant if she managed to work for years after this? Many SSA bureaucrats and judges would not look at this evidence due to that fact …but this judge did.The personnel file was relevant because it corroborated her story. As stated, she was disabled due to chronic pain from fibromyalgia and migraine headaches. She testified at the hearing she was fired from "many jobs" due to poor attendance and productivity problems.One can testify to anything at a hearing; but it's a whole 'nother blackjack game when you have documents corroborating your testimony. Her personnel file contained a "warning letter" and "termination letter" two months later for excessive absences; due to…you guessed it…migraine headaches. There was also a letter from her treating doctor asking the company to accommodate her medical problems as he explained her medical problems were genuine and would cause her to miss work.The company documented she was missing work over 30% of the time prior to and after the warning letter. For two months following the warning letter her attendance problems continued. The inevitable termination letter offered condolences, but also documented the significant negative impact her problems were having on this small company. The company explained it needed an employee who was "reliable." The letter was perfect evidence to support a disability claim.At the hearing, I quickly referenced the personnel file and the judge made it clear he was indeed, very impressed with it. I developed testimony from my client about how the problem did not resolve over the ensuing five year period, resulting in several more job terminations and the filing of a disability claim.The judge, bless his heart, was candid with me following the hearing as he explained he was not impressed with the case as there were many problems. I agreed. But 10 minutes after the hearing began, it was over.You should be aware this is not the first time a client of mine has won their case using primarily a personnel file. Follow these tips to get the most out of your personnel file and evidence you submit in your disability claim.1. How to obtain your personnel fileFirst, it is obvious you must obtain the file. This may be as simple as sending a letter or authorization to release records to your former employer. But beware, many companies are reluctant to part with this information due to concern over you suing them for various reasons including the failure to accommodate under the American's with Disability Act (ADA). Ameliorate this fear by telling them why you want it, it usually works.I usually have my client ask for the file because if I call, an alarm goes off. Try to turn on the charm and deal directly with the Human Resource department; if the corporate bean counters get involved or worse, their lawyers, you'll likely never see the file.If the company says "No" you've got a problem unless your disability claim is pending a hearing before a judge. This is because you lack subpoena power; you can't force the company to turn it over. But, upon a showing to the judge why the file is relevant, you can ask him/her to issue a subpoena and the company should comply. By the way, if you have dealt with a nasty Human Resource department in trying to get your file, it is therapeutic to hear them moan and groan after being subpoenaed. Gotcha!Only get the judge involved if you are certain the file contains (or should) evidence that advances your disability case.2. What your looking for in the personnel fileThe things I look for are attendance records, records documenting how much sick leave has been used, warning letters regarding performance problems and job evaluations. Rarely does a personnel file contain all these potential "Golden Nuggets," but most will contain at least one if you documented your problems while working. Often an employee's job evaluations will begin to deteriorate toward the tail end of employment. However, good evaluations are relevant as they bolster your credibility when you testify that you enjoyed working and would like to return if only you could.If there is good evidence in the file, then submit it to SSA and/or the judge.3. How to document your personnel fileThis is a very delicate issue, and I confess I am not an employment law attorney. There is a fine line between documenting your personnel file with your medical problems while working and creating your demise by losing your job.However, if you are sure you are unable to continue working and plan on filing a disability claim, I think it is prudent to document your problems. If you are missing time from work or are having problems functioning due to a medical problem, get that into your personnel file. If you are exhausting your vacation or sick time, let the company know why. Get a letter from your doctor to address the reasons for your absences. Once confronted with this documentation, most companies will likely go out of their way to accommodate your medical condition and special needs, at least for a period of time.Remember, in a disability claim, you should always try to have another independent source corroborating the story about your trials and tribulations which led to your inability to work. Affidavits are one source of evidence and I encourage you to view your personnel file another means to this end. Best of luck in pursuing your disability claim and remember, never quit!Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com
Keyword : ssdi,ssi,ss,social security,social security disability,social security lawyer,disability insurance
Commercial Litigation Financing
Author : Jennifer Bailey
A person who suffers a personal injury caused by another person can go in for litigation cases. Similarly, companies too are often involved in litigation. The reason can be attributed to the competitive market and 'unfair competitions,' too. Here the simple disputes in the conduct of business and commercial transaction sow the seeds for litigation.The companies may reach a discord due to various factors. These can be a wrongful termination of an employer or employee, breach of contract, disputes of insurance, partnership, shareholders, bankruptcy and so on. Such disputes of commercial transactions can affect the business of that company. For instance, one of the two companies involved in partnership joins hands with a third party clandestinely. There is a breach of trust and related damages caused on the other company. This 'cheated' company can file for litigation against its partner company.Finally, the disputing companies try to resolve their ongoing case through the court. This is known as Commercial Litigation. The companies, like the individual, take the help of an expert attorney to protect their interest. The attorney files the case for a contingent fee. The company involved in litigation, with the support of the attorney, seeks the Litigation Financing Company for its expenses. The company providing Litigation Financing evaluates the case. If the case appears worthy enough, the company offers an advance, often, termed as litigation loan. These are pre-settlement advances of non-recourse nature. That means the company gets its recovery charges if and only if its client company wins the case. But to ensure proper Commercial Litigation Financing one needs to resort to the attorney.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
A person who suffers a personal injury caused by another person can go in for litigation cases. Similarly, companies too are often involved in litigation. The reason can be attributed to the competitive market and 'unfair competitions,' too. Here the simple disputes in the conduct of business and commercial transaction sow the seeds for litigation.The companies may reach a discord due to various factors. These can be a wrongful termination of an employer or employee, breach of contract, disputes of insurance, partnership, shareholders, bankruptcy and so on. Such disputes of commercial transactions can affect the business of that company. For instance, one of the two companies involved in partnership joins hands with a third party clandestinely. There is a breach of trust and related damages caused on the other company. This 'cheated' company can file for litigation against its partner company.Finally, the disputing companies try to resolve their ongoing case through the court. This is known as Commercial Litigation. The companies, like the individual, take the help of an expert attorney to protect their interest. The attorney files the case for a contingent fee. The company involved in litigation, with the support of the attorney, seeks the Litigation Financing Company for its expenses. The company providing Litigation Financing evaluates the case. If the case appears worthy enough, the company offers an advance, often, termed as litigation loan. These are pre-settlement advances of non-recourse nature. That means the company gets its recovery charges if and only if its client company wins the case. But to ensure proper Commercial Litigation Financing one needs to resort to the attorney.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
New Jersey Employment Lawyers
Author : Jason Gluckman
An employment lawyer works two ways. He represents the employer, as well as the employee. As an employment lawyer for the employee, the lawyer can review the employment agreement and negotiate and propose additional terms or deletions to protect the employee's interests. He also works towards negotiating severance or retirement packages. If you believe that you have been discriminated against, treated unfairly or wrongfully terminated, an employment lawyer can guide you in your rights as an employee and your options. In addition, an employment lawyer represents you in various situations like overtime pay claims, sexual harassment in the work place, employment discrimination, and the family leave act.As an employer, you always need the services of a lawyer. Even though as an employer you might be expert in handling most of the employment matters, some issues are particularly tricky and are difficult to handle without the help of an employment lawyer. An employment lawyer keeps you updated on the rapidly changing laws, which may be difficult for you to interpret and understand on your own. An employment lawyer can quickly review and troubleshoot any employment-related agreements you routinely use with your workers, such as employment contracts, severance agreements, or releases, and he can review an employee handbook or personnel policies to ensure legal compliance. Additionally, lawyer protect you from violating any laws regarding overtime pay, family leave, final paychecks, or occupational safety and health, to name a few. An employment lawyer can also guide you in making difficult decisions like whether terminating a worker is legal and what steps you can take to minimize the risk of a lawsuit. Usually, an employment lawyer specializes in either representing the employee or the employer; he can't represent both at a time.Employment laws vary from state to state, so it is always an advantage to hire an employment lawyer who is well versed and experienced in handling the employment cases in a particular state. In a state like New Jersey, where there are strict codes of ethics for both employer and the employee, the role of a business lawyer becomes all the more important. To find an employment lawyer in New Jersey, contact the state bar association and seek a referral, go through the online directory or yellow pages, or go to a lawyer recommended by your friends and relatives.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
An employment lawyer works two ways. He represents the employer, as well as the employee. As an employment lawyer for the employee, the lawyer can review the employment agreement and negotiate and propose additional terms or deletions to protect the employee's interests. He also works towards negotiating severance or retirement packages. If you believe that you have been discriminated against, treated unfairly or wrongfully terminated, an employment lawyer can guide you in your rights as an employee and your options. In addition, an employment lawyer represents you in various situations like overtime pay claims, sexual harassment in the work place, employment discrimination, and the family leave act.As an employer, you always need the services of a lawyer. Even though as an employer you might be expert in handling most of the employment matters, some issues are particularly tricky and are difficult to handle without the help of an employment lawyer. An employment lawyer keeps you updated on the rapidly changing laws, which may be difficult for you to interpret and understand on your own. An employment lawyer can quickly review and troubleshoot any employment-related agreements you routinely use with your workers, such as employment contracts, severance agreements, or releases, and he can review an employee handbook or personnel policies to ensure legal compliance. Additionally, lawyer protect you from violating any laws regarding overtime pay, family leave, final paychecks, or occupational safety and health, to name a few. An employment lawyer can also guide you in making difficult decisions like whether terminating a worker is legal and what steps you can take to minimize the risk of a lawsuit. Usually, an employment lawyer specializes in either representing the employee or the employer; he can't represent both at a time.Employment laws vary from state to state, so it is always an advantage to hire an employment lawyer who is well versed and experienced in handling the employment cases in a particular state. In a state like New Jersey, where there are strict codes of ethics for both employer and the employee, the role of a business lawyer becomes all the more important. To find an employment lawyer in New Jersey, contact the state bar association and seek a referral, go through the online directory or yellow pages, or go to a lawyer recommended by your friends and relatives.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
Help the Court has Seized my Assets - Garnishment in Law and Practice
Author : Henry Byers
A court order that seizes assets from the defendant to pay off a debt is known as Garnishment. One form of garnishment is automatic withholding of the debtor's wages. When a creditor fails to satisfy the debt taken, the court can issue a garnishment against him. When the creditor petitions the court to send a portion of its pay to satisfy the debt then this step is taken.The garnishment law differs from state to state and varies in details also. Generally, the TVA is required to take over 25% of an employee's disposable earnings or assets, thereafter sending that amount to court. The pay of an employee can be under garnishment until the complete of the debt has been collected.This situation arises when we fail to pay taxes, skip out on child support or overlook some bills. Under these circumstances the state government or the creditor can seize our wages as well. This process is known as Wage garnishment. Most garnishment requires court orders and employers are supposed to notify the creditor before any step is taken. But garnishment is the last option for which a government goes for. It is taken up only after all other options have exhausted.One should never ignore IRS because due to ignorance there are chances of increase in garnishment, as they know our work place, living place and even the bank account. The loans or the help provided by the government are of many types such as student loan for education, business loan, child support, and etc. To collect the loans back, IRS is not alone but the state government, private creditors, or even an ex-spouse demanding the alimony can also demand garnishment of our pay. To claim the garnishment, only different branches of the government do not need to take court orders, other than every other agency needs to obtain a court order to claim the garnishment.Losing the income is not easy but there are some limits for garnishment. Title III of the Consumer Credit Protection Act caps the amount of wages that can be taken from an employee. In this manner, the person is also left with some part of the income as well as the creditor is also paid up. This also prevents the creditor to speed up the debt recovery procedure and harass the debtor.The level of garnishment is based on the disposable earnings of the employee. This amount comes after deducting the legal deductions of federal state and local taxes, social security, unemployment, insurance and state employee retirement system. Things that do not come in the head of voluntary deductions are union dues, health and life insurance, charity, purchase of savings bonds and payment for payroll advance. After taking all the preventative measures, the disposable income amount is calculated the maximum amount that can be garnished in any pay period should not exceed more than 25% of the employees' disposable earning.The garnishment law allows up to 50% of the employees' disposable income to be garnished, if he supports the wife and a child. The restrictions on garnishment do not apply in case of court orders of bankruptcy and outstanding debts of federal or state taxes. When the federal law differs from the state wage garnishment law, the smaller garnishment amount must be followed.Care should be taken to stay from the evil of garnishment. In some cases this situation occurs when a letter is received form the IRS department 20 days before the garnishment date. That time if the person goes to the IRS and explains the problem and repayment schedule or apologize and seeks more time for repayment then the problem at hand can be solved. If the creditor also has a problem he also needs to go to the court and seek an order for garnishment. Thus if the reason explained by the debtor is genuine then the department chalks out a repayment plan. But if the second chance of the repayment is also defaulted then further garnishment proceedings and called for.Henry Byers, Retired IRS Manager and Wage Garnishment expert - focusing on IRS Wage Garnishment and IRS Garnishment
Keyword : Wage Garnishment Law,IRS Wage Garnishment,IRS Levy,IRS Garnishment,Wage Garnishment,Garnishment
A court order that seizes assets from the defendant to pay off a debt is known as Garnishment. One form of garnishment is automatic withholding of the debtor's wages. When a creditor fails to satisfy the debt taken, the court can issue a garnishment against him. When the creditor petitions the court to send a portion of its pay to satisfy the debt then this step is taken.The garnishment law differs from state to state and varies in details also. Generally, the TVA is required to take over 25% of an employee's disposable earnings or assets, thereafter sending that amount to court. The pay of an employee can be under garnishment until the complete of the debt has been collected.This situation arises when we fail to pay taxes, skip out on child support or overlook some bills. Under these circumstances the state government or the creditor can seize our wages as well. This process is known as Wage garnishment. Most garnishment requires court orders and employers are supposed to notify the creditor before any step is taken. But garnishment is the last option for which a government goes for. It is taken up only after all other options have exhausted.One should never ignore IRS because due to ignorance there are chances of increase in garnishment, as they know our work place, living place and even the bank account. The loans or the help provided by the government are of many types such as student loan for education, business loan, child support, and etc. To collect the loans back, IRS is not alone but the state government, private creditors, or even an ex-spouse demanding the alimony can also demand garnishment of our pay. To claim the garnishment, only different branches of the government do not need to take court orders, other than every other agency needs to obtain a court order to claim the garnishment.Losing the income is not easy but there are some limits for garnishment. Title III of the Consumer Credit Protection Act caps the amount of wages that can be taken from an employee. In this manner, the person is also left with some part of the income as well as the creditor is also paid up. This also prevents the creditor to speed up the debt recovery procedure and harass the debtor.The level of garnishment is based on the disposable earnings of the employee. This amount comes after deducting the legal deductions of federal state and local taxes, social security, unemployment, insurance and state employee retirement system. Things that do not come in the head of voluntary deductions are union dues, health and life insurance, charity, purchase of savings bonds and payment for payroll advance. After taking all the preventative measures, the disposable income amount is calculated the maximum amount that can be garnished in any pay period should not exceed more than 25% of the employees' disposable earning.The garnishment law allows up to 50% of the employees' disposable income to be garnished, if he supports the wife and a child. The restrictions on garnishment do not apply in case of court orders of bankruptcy and outstanding debts of federal or state taxes. When the federal law differs from the state wage garnishment law, the smaller garnishment amount must be followed.Care should be taken to stay from the evil of garnishment. In some cases this situation occurs when a letter is received form the IRS department 20 days before the garnishment date. That time if the person goes to the IRS and explains the problem and repayment schedule or apologize and seeks more time for repayment then the problem at hand can be solved. If the creditor also has a problem he also needs to go to the court and seek an order for garnishment. Thus if the reason explained by the debtor is genuine then the department chalks out a repayment plan. But if the second chance of the repayment is also defaulted then further garnishment proceedings and called for.Henry Byers, Retired IRS Manager and Wage Garnishment expert - focusing on IRS Wage Garnishment and IRS Garnishment
Keyword : Wage Garnishment Law,IRS Wage Garnishment,IRS Levy,IRS Garnishment,Wage Garnishment,Garnishment
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