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Fatal Car Accident Lawyers
By Jason Gluckman
An increase in the number of cars operating on the roads has led to a tremendous increase in the number of car accidents also. In the midst of such unwanted events, lawsuits and criminal charges are bound to arise. As accidents are events having legal consequences, the role of a lawyer is that of great importance.
Fatal car accident lawyers exist to help a person file or defend a lawsuit. A car accident lawyer provides the offenders or car accident victims with information regarding the numerous practical and legal aspects of personal injury law and car accident claims. It is a fact that almost every person on an average is involved in at least one car accident in his lifetime.
Lawyers play an extremely important role in fatal car accidents. In such accidents, law may charge the offenders strictly. It is the duty of the lawyer to represent his client in court. By using legal expertise, a lawyer tries to avoid or minimize the penalties awarded by the court of law. In a fatal car accident they may also be required to defend a lawsuit. Contrary to this, lawyers may also be hired by the victims in order to claim compensations for the damages. This compensation is obtained by filing a lawsuit against the offending party. In case of a fatal car accident, it is the duty of the lawyer to preside over the details of the lawsuit. In the United States, lawyers play the role of counseling their clients regarding their rights, and argue in favor of the best interests of their clients.
In case of fatal car accidents the extent of the damages and injuries involved tend to be comparatively high, as a lot of legal requirements need to be complied with. A car accident lawyer is capable of effectively dealing with law authorities and insurance companies. Car accident lawyers have made handling a fatal car accident less complicated for people who are ignorant and unaware of any legality. Hiring a lawyer proves to be critical in ensuring that legal rights of the parties in the accident are protected.
Car Accident Lawyers [http://www.WetPluto.com/A-Guide-To-Car-Accident-Lawyers.html] provides detailed information on Car Accident Lawyers, Florida Car Accident Lawyers, Illinois Car Accident Lawyers, Texas Car Accident Lawyer and more. Car Accident Lawyers is affiliated with Aviation Accident Lawyers [http://www.WetPluto.com/Accident-Lawyers.html].
Affordable Car Accident Lawyers
By Jason Gluckman
Car accidents often lead to serious injuries. Majority of car accidents are caused by carelessness and unruliness of drivers. Some may also occur due to intoxication or drug-influenced operation of cars. Poorly designed roads and inappropriate traffic signals combined with defective vehicles or tires may also cause accidents. In order to compensate for damages incurred, charging a lawsuit against the negligent driver may be required. Similarly in the case of an accident a person may also be required to defend himself against a lawsuit. Judicial proceedings regarding the same tend to be extremely complicated and lengthy. As such, enlisting the services of a lawyer proves to be important. Laws relating to car accidents tend to be varied and complex.
Lawyers dealing exclusively in car accidents have a great deal of knowledge about the various legal aspects, which affect a case of car accident. They are familiar with the proceedings and requirements, which need to be followed while charging or defending a lawsuit. A lot of paperwork and formalities are required to be completed. These may relate to filling up of important forms, dealing with insurance companies and various judicial machineries.
It is a common misconception that the services of all lawyers dealing in car accidents are expensive. This is not true. A lawyer of good reputation will not charge for an initial consultation. So, in case the petitioner has questions about injuries sustained during an accident and further procedures to be followed, it is advisable to call a lawyer. Besides, it is observed that most lawyers now work on contingency fee basis, which means that the lawyer gets paid only if the petitioner gets compensated. A good car accident lawyer is generally expected to inform the client with the likely costs and fees of a lawsuit, as well as the chances for success. A person ought to be aware of the probable costs and expected outcome of the case. Accordingly, a petitioner should plan his budget to obtain optimum services of a lawyer. Information regarding the services of car accident lawyers can be obtained through the yellow pages or the Internet. Conducting a bit of research and comparing prices can help a person enlist the services of an affordable car accident lawyer.
Car Accident Lawyers [http://www.WetPluto.com/A-Guide-To-Car-Accident-Lawyers.html] provides detailed information on Car Accident Lawyers, Florida Car Accident Lawyers, Illinois Car Accident Lawyers, Texas Car Accident Lawyer and more. Car Accident Lawyers is affiliated with Aviation Accident Lawyers [http://www.WetPluto.com/Accident-Lawyers.html].
Personal Injury Attorney - How To Find Them
By Mert Ozge
A personal injury attorney is specialized in handling cases regarding personal injury--claims and settlements. An attorney with long years of service may be advantageous but what you must look for is his/her multitude of law skills and of course, a depth of knowledge on your special case. If he/she has a long line of personal injury cases he/she has handled and won in the past, the better. Otherwise, look for someone who already knows the drill.
The search for personal injury attorneys may never be easy especially if you don't know where to begin your search, how to do it and who to look for. If you're living in New York, your hardship may even be twice as difficult. So here are a few tips on how to search and find your personal injury attorney:
Law Firms that are Legally Accredited
Anyone would prefer a top quality law firm to handle their cases. And for you to find the topnotch lawyers, you must be sure that you're looking at law firms that have been legally accredited by legal law accreditation agencies in your country. Start by looking into the State Bar Association's official page and check if the firms you have in mind are recognized by the state bar.
Many law firms in America have a corresponding official website. Use your favorite search engine and narrow your search. For example, if you key in "personal injury attorneys in Manhattan", your search engine will give you a million results. Once you're in the site, be sure to check in the law firm's history. The downside of this is that there's a good chance that the websites won't even tell you the percentage of cases they haven't won compared to the cases they did.
Lastly, there is nothing much more convincing than a personal interview. After you've done your background check, set an appointment with the law firm you've chosen. Most of the time, a law firm would ask you about your case first before they decide whether they'd like to be hired or not. I know its upside-down but that's what it usually is (although there are exemptions, of course). In reality, there are firms who may not want to handle your personal injury case especially if the monetary compensations are too low for their standard professional fee. Although not all, most firms will want to get at least 20-30% of the monetary fee once they win the case. Therefore, if you think your case can be handled without the aid of lawyers and legal proceedings, you may do it. A lot of plaintiffs have been handling their cases all by themselves.
Bicycle Accident Attorney: Find A Top Legal Defense For Your Rights
By Abraham Avotina
Auto related accidents happen all the time and you are all the more vulnerable when riding on a bicycle alongside cars. Many drivers are careless and reluctant to share the streets with cyclists, so even with a helmet and careful biking skills you are still at risk. In the event that you are a victim in a collision, then take it upon yourself to find the best legal representative that is available. To learn how to locate the most qualified and affordable lawyer, then keep reading.
You will want to ask around amongst the people you know and trust if they know of any attorneys that can be recommended. Referrals are a great way to seek out reliable and efficient individuals in this line of service. In addition, doing some research on your own will be necessary. Check through local listings and online for qualified law offices that you can retain the services of.
Once you have come up with a few offices or practitioners that seem to offer the dedication and experience that your case will require, then it will be time to start making phone calls. Call and ask about win/loss ratio of a particular defense attorney and the overall record of his or her firm. In addition, inquire about the qualifications this person has to be suited to help you.
To receive the proper compensation for any potential injuries sustained from a collision, it is ideal to retain a lawyer you feel comfortable working with. Legal cases of any kind can be potentially stressful and taxing in both funds and patience, so you will need to be able to attain a solid rapport with your representative. Nearly all law offices offer initial consultations at no cost or obligation to potential clients, so use this opportunity to discuss all the specifics of your case and to gauge how well you work with the individual lawyer.
There are many different types of injuries and accidents in this field of collision cases, so be sure to make sure the attorney you are considering has experience handling situations like yours before, successfully. Medical bills can be expensive and extensive treatment may be necessary, so strive to obtain the best legal help you can to ensure you are given what you deserve.
A solid defense lawyer for a bicycle accident case should not be difficult to find, but do not simply base your decision on the first advertisement you see or on grand promises that are made during a consultation. Take the time to find out as much as you can with all potential representatives and/or firms before retaining any of them. This will be the best strategy you can take and pay off in the long run in more ways than one. Do your research, ask plenty of questions, and trust in your intuition. This way, you will locate the best attorney for your case and get properly compensated.
Hit by a Car? You Need a Pedestrian Accident Attorney
By Tricia Mills
If you have been hit by a car while you were walking this is called a pedestrian accident. Pedestrians have the right of way much of the time when they are walking, and cars are required to stop for them to cross roads or to give them room when walking. However, many times cars fail to do that, and pedestrians are injured or even killed. If you have been injured by a car while you were on foot or if you have had a loved one killed by a car while they were walking, riding a skateboard of otherwise traveling you might have a case that deserves top lawyer attention.
First, let us discuss how California defines a pedestrian. Our state calls anyone that is walking, riding a skateboard, scooter, roller skates, roller blades or any other type of non-motorized conveyance, except for bicycles. Also defined as pedestrians are those with a disability that are wheelchair or automated chair bound. California is one of the toughest states on pedestrian safety and the fines can be very severe. Of course, in return, a pedestrian that is injured by a car may end up with a very large compensation amount in a lawsuit. Contact the best lawyer you can find to assist you with any recent accident.
Some of the pedestrian safety laws in California include requiring that a vehicle stop for pedestrians that are waiting, whether or not there is a crosswalk at the intersection that is clearly marked. Also, cars should come to a stop when other cars are parked at a crosswalk to make sure that there is not a pedestrian coming around the car that is going to be hit by yours. California law states that vehicles must give the right of way to pedestrians and to exercise all due care. This may be open to interpretation but it is clear that cars should be watching out for pedestrians on the road.
Of course, pedestrians still need to respect drivers. For instance, pedestrians cannot walk out into a crosswalk or run out when cars are too close to stop. Pedestrians should wait for their walk signal if they are at a traffic signal and cars should stop for pedestrians if it is their turn to cross. On an unmarked crosswalk cars are still required to stop, but pedestrians should wait until traffic has thinned and they can cross safely. They also have the responsibility to not stop in the crosswalk and block traffic from proceeding for any longer than necessary.
Even if the pedestrian follows these rules there are still many cases when the driver simply does not respect the pedestrians right to cross, and in fact, there have been more than a few reported cases where drivers actually sped up when seeing a pedestrian cross the road, as if the person on foot had no right to be on the roadway at all. If a situation like this has occurred or if you have been in an accident with a car as a pedestrian or had a loved one die from such you should contact an accident attorney for that particular matters for a consultation.
Tricia Mills is an online writer. She write articles of any topics. She treats her work very special as something that inspires her. It is the best way that she could express her emotions. Moreover, she really likes to write articles about the importance of a Lawyer and an Attorney to the lives of an injured victims in an accident cases and personal injuries as a result of others negligence.
The History of Lawyers
By Misty Jones
Ever since Socrates received the death penalty in Greece, 400 years before the Common Era - and most likely long before that - people have been complaining about, and depending upon, lawyers.
In fact, Socrates himself held the law in such high esteem that when he was given the opportunity to go into exile instead of carrying out the sentence (which was suicide) he went ahead and complied with the ruling rather than bring dishonor to the law by avoiding it.
Actually, Law itself is not such a cut-and-dried, practical discipline, as people tend to think. It is more in the nature of a philosophy, dealing with the most abstract of concepts such as justice, right and wrong, fairness, guilt and innocence, human rights and the responsibility of citizens to one another. It is how these principles are applied in a practical manner to individual situations that brings the study and practice of law from the abstract to the concrete.
Here are just a few of the areas of specialty in the legal profession today:
Loans and mortgages
Consolidation of loans
Criminal Defense or Prosecution
Registration of Domain Names
Wrongful death suits
Asbestos or mesothelioma claims
This partial list demonstrates how thoroughly every aspect of our society is impacted by the legal system and lawyers, also called attorneys, are the backbone of the system both in advocating for clients and in advising them. It is the job of lawyers not to write the laws but to apply them to particular circumstances.
The profession developed slowly and by the mid-1500s in England two distinct types of lawyers had appeared, actually creating two branches of the profession, which are still operating today: barristers and solicitors. A barrister is roughly equivalent to a trial lawyer and though a solicitor may appear in a lower court, he or she mainly advises clients and prepares cases for barristers to present in higher courts. But there was a natural conflict built into their class system. On the one hand, only people of the upper classes could afford to be educated well enough to practice law but it was thought to be beneath members of those classes to practice a profession at all. One should, in those days, have sufficient inherited income or income from property to have a secure livelihood without having a profession.
In the American colonies there was no such prejudice. It was considered a desirable thing for children to grow up with the idea of earning an income other than that provided by the land and the law, with its necessity for higher learning, was a more respectable profession than many. Americans expected to have rights, to have those rights protected by law and for those protections to be upheld by local courts. While they often went to England to be educated in the law they did not intend for English courts to administer American justice. In fact, it was the principles of English law and the fact that the law was not being administered fairly in the American colonies that led to the desire for independence from the crown. Nearly a quarter of the signers of the Declaration of Independence had studied law in England.
Most lawyers have a specialization based on their own particular skills and preferences. Trial lawyers, although they should prepare very carefully beforehand, must feel comfortable "thinking on their feet" and speaking extemporaneously in public. Trial work, which may be done by any lawyer, is especially suited to people with those skills and with a taste for playing what amounts to a game of strategy, sometimes with clients' property, freedom or even lives, at stake.
Even within legal specialties there is flexibility. For instance, an attorney who has a reputation for being especially well versed in environmental law may take cases for the side of corporations being accused of polluting or for a citizens' group attempting to sue such corporations for damages.
Mesothelioma, for instance, is a lung disease usually caused by exposure to asbestos, which may have occurred in a working situation. When asbestos was first used this hazard was not known. In addition, a further complication is caused by the fact that there may be as long as twenty or thirty years after exposure for the disease to appear in a person. Therefore an entire sub-specialty in law has grown up around cases in which people with this disease are suing companies for health care payments or compensation for pain and suffering. Questions about whether a company knew of the danger when they hired people for these jobs and whether the people were aware of the risks they were taken are factors in litigation.
Some attorneys specialize in car accidents, on behalf of injured people, on behalf of people charged with causing accidents or on behalf of insurance companies. Some specialize in medical malpractice, on behalf of either patients or physicians.
Those who specialize in courtroom criminal law, either as prosecutors or defense attorneys, are sometimes considered to be the "stars" of the legal system as they often are the most visible in terms of media coverage.
Whatever their specialty, if they plan to have one, every lawyer must go many years of education and training before they are licensed. In most states this means that after earning a college degree a person must graduate from a law school, which has been accredited by the American Bar Association. They must then take, and pass, a bar examination. In a few states it is possible to take the bar exam after a kind of apprenticeship in a law office. This method was the one universally used before accredited law schools came into being.
Because of the fact that attorneys sometimes are called on to defend unpopular clients, they have sometimes been the butt of jokes at their expense. But since it is almost impossible for a person to find their way through any legal entanglement by themselves, there is no doubt that the legal profession will play a prominent role in our society for the foreseeable future.
Misty J. Jones is a member of the writing team at: [http://www.pfsearchengineoptimization.com]
Choosing a Medical Malpractice Attorney - How to Decide
By Michael E Duffy
There is a commercial on the radio which suggests you should not buy a house from a cabdriver who happens to take you past the house. The premise, of course, is that the cabdriver has little or no knowledge of the home or of you. The obvious truth of this simple message extends to almost every facet of our lives. Very few of us would hire someone for something as important as being a babysitter for our children or as relatively mundane as repairing our car without being sure that the person we hire knows what they are doing and has some positive track record that we can rely upon. With that basic premise in mind, I find myself consistently surprised at how often a person will hire an attorney to handle a medical malpractice case (as well as many other types of cases) without knowing who the attorney is; what experience they may have in the field; what their record of success in the field may be; or, where they stand in the eyes of their peers and adversaries.
When a person is injured from medical malpractice, a lawsuit against a doctor or health care provider is usually the furthest thing from his or her mind. Concerns about one's health; one's ability to keep working and providing for a family; and, the ability to regain one's place as a productive member of society are among the far more pressing issues. It is typically not until these concerns have been dealt with or accepted that people even consider whether malpractice might have occurred. Unfortunately, the realization that one's life altering injury may have been preventable often adds to the difficulty of the situation.
It is within this emotionally charged and upsetting context that the search for a medical malpractice attorney typically begins. Of course, most people do not know which attorneys concentrate their practice in a specific area or which attorneys happen to focus their practice on the highly technical and difficult field of medical malpractice. Most attorney advertising suggests that the attorney who paid for the ad is an expert in every area of the law including medical malpractice. With the personal stresses and without any way to separate out which attorneys truly know how to handle a medical malpractice case, many people will hire the wrong lawyer.
A further part of the difficulty an injured person deals with when he or she considers a lawsuit is the perceived role of lawsuits in today's society. Lawsuits are not and should not be about a "quick buck" or holding a company up for a "pay day". The civil justice system is about accountability - about placing blame where it belongs. It is about making sure that those injured are compensated for that which they can never get back. It is about making sure that the individual, regardless of his or her financial or societal status, has the same rights as the rich and powerful. It is about assuring society that we are all equal.
Not every wrong can or should be the basis of a lawsuit. There are, however, many valid reasons to bring a lawsuit. Obviously, the simplest reason is to right a wrong. There is also great benefit to others in our community and our society as a whole in that meritorious lawsuits deter similar conduct. Unfortunately, the role of lawsuits in society has been damaged considerably by media attention of a handful of lawsuits, some of which were portrayed inaccurately to fit an agenda and some of which were portrayed correctly but should never have been brought. The end result is that, for a great number of people, lawsuits are nearly the definition of what is wrong with our society today. Critics of our judicial system depict our courts as out of control, attorneys as greedy and lawsuits as damaging to the economy and society as a whole.
Obviously, these are positions taken to drive an agenda. These critics do not address the accountability and equality a lawsuit can provide. They do not account for the positive societal changes the courts have engendered. They do not account for workplaces and products having been made safer by the effects of a lawsuit. They do not account for the millions of people who have been restored some of the ill-gotten gains fleeced by stockbrokers and corporations. They do not account for the many people who do not need to resort to public assistance for their health needs because a lawsuit has provided sufficient financial resources. In short, they do not account for any of the benefits to society of a lawsuit. Rather, they focus on some examples of ill-conceived or poorly prosecuted cases as representative of our system as a whole.
Take a moment to consider who drives these agendas: insurance companies; big business; negligent doctors and others. We must consider, before we accept their agenda, whether they have our best interests at heart or whether their agenda is designed to avoid accountability and increase profits. There are many questions a person must ask themselves before they even consider whether to bring a lawsuit. The most important of those questions, however, is why, over the course of centuries, wars have been waged and governments toppled by people demanding the equality and justice guaranteed by our courts?
A lawsuit is not appropriate in every instance but the decision to pursue this right should be an individual decision about what, under the circumstances, is right for an injured person and his or her family. The doctor whose mistake puts a child in a wheelchair for life or a young wife and mother in an early grave does not have to live with the family he or she has destroyed. The CEO whose decision to increase profit through the use of a toxic additive does not have to live in the town poisoned by that product. The insurance company accountant who refuses to pay for treatment to a seriously ill person who paid for that coverage does not have to watch the person die because they did not receive the treatment. These individuals do not have to live with the ramifications of their decisions and actions and their agenda to avoid responsibility should not drive the injured person's decision to bring a lawsuit or not.
Additionally, those injured by medical negligence often consider the personal and societal impact occasioned by prosecuting a suit. Not infrequently, the injured party or their family personally likes the physician suspecting of doing them harm. Even more frequently, a person injured by a medical professional is made to feel that a lawsuit against that doctor will cause the doctor to leave practice or move to another state. These feelings are generated by a well orchestrated and well financed campaign by the medical lobby. The clearly intended purpose of their message is to prevent lawsuits through guilt and fear.
It has been well documented that, not only does New York have one of the highest population of doctors in the country, but more than 50% of malpractice is caused by less than 5% of our doctors. Unfortunately, in most instances, it is the doctors who make up the 5% that orchestrate the media and political spin of the medical lobby. Rather than focusing their attention on improving the quality of care or increasing medical reimbursement rates by HMO's and the government, which would benefit all doctors and, in large part, all of society, their attention is focused on stopping those most seriously injured from seeking redress in court. Not surprisingly, such an impact only serves to aid those doctors who commit malpractice and, by and large, damages society.
Once again, the decision to bring a lawsuit must be made on an individual basis. The fact that a physician, while maybe not a friend, was kindly or soft spoken as they committed an act of malpractice may be a driving factor in an individual decision. The ultimate question for the individual making the decision on whether to pursue a case against a doctor with a nice personality or demeanor is whether the wrong which was committed, although clearly unintended, is one which we would want repeated. The medical profession, by and large, does not discipline negligence. As such, the only opportunity to prevent a physician from continuing an unsafe practice or procedure is through the courts. Whether one is making this decision for oneself, a parent or a child, the issue is less about who we like and more about whether we would be comfortable knowing that someone else's child or loved one has become injured because we allowed a tailored, politically driven, highly financed and, ultimately false story about doctors leaving the state deter us from the societal good of preventing bad medicine.
Having made the decision to pursue a potential lawsuit, an injured party must consider which attorney will prosecute the case on their behalf. As discussed above, choosing the right attorney should involve determining the person best suited to winning the lawsuit. Too often, the decision is made on the wrong criteria. The doctors, hospitals, insurance companies and corporate wrongdoers who have caused the injury in the first place have spent considerable time and effort to convince those injured through their negligence that all attorneys can handle any case with the same relative level of skill. They know that a lack of understanding, experience or knowledge by the attorney representing a person injured by negligence, even early in an investigation, can severely damage the ability of that attorney to successfully resolve even the most meritorious case. The standing of attorneys in society, which is generally self-inflicted, has led us to a place where an injured person frequently hires the first attorney they see; a relative; a friend; or, the guy who advertises on the television and radio. While some may be qualified to handle a malpractice case, the reality is that most will not. Needless to say, the generally poor results generated when an unqualified attorney handles a complex malpractice case, exacerbates the poor standing of attorneys in society and the willingness of litigants to feel that any attorney will do. The reality is that not all attorneys are capable of handling medical malpractice cases which are, by their very nature, complicated and difficult.
When making a decision as to who will represent you, your child or your loved one, the decision needs to be based on the same criteria you would rely upon for any other difficult decision. Does the attorney have experience with this type of case? How has this attorney and his or her firm performed on other malpractice cases? What is the standing of the attorney in the community as a whole and in the smaller community of malpractice attorneys? What does the attorneys peers say about him or her? What does the attorneys adversaries say about him or her? How do you interact with the attorney? Is he or she someone you feel you can trust? Does the attorney understand the intricacies of medicine and the law as it surrounds your case? Were you directed to this attorney by someone with your best interests at heart or by an advertisement or person with their own agenda or profit motive? In short, is this person the very best person in the field to properly, professionally and successfully prosecute this case for you, your child, your parent or other loved one?
The insurance companies and corporate America have carefully vetted the attorneys who want to work for them defending the lawsuits brought by people injured by their negligence. They only hire the very best attorneys with the skills to be successful, the knowledge of their subject and the experience to maximize the results for their clients. Before you hire an attorney to represent you in a complex case, you should do the same. It can be overwhelming and it can be difficult to work through the various candidates. However, the decision as to which attorney to hire is too important to leave to chance.
Micheal E. Duffy is the Managing Partner of the Law Firm Duffy, Duffy & Burdo Esqs. [http://www.ddandb.com]
Mr. Duffy is currently the Vice-President of the New York State Academy of Trial Lawyers, a bar association dedicated to restoring the dignity and honor of the legal profession. He has previously served as the President of the Long Island Affiliate of the New York State Trial Lawyers Association, as well as having served as a member of the Board of Directors of that organization. He is an active member of the American Association for Justice; the Long Island Trial Lawyers Association; the Nassau-Suffolk Trial Lawyers Association; the Suffolk Country Bar Association; and The American Trial Lawyers Association.
Questions to Ask Nursing Home Abuse Attorneys
By Abraham Avotina
Nursing home abuse attorneys can be one of the most important professionals to turn to when your loved one is being mistreated. Though it can be very hard to pinpoint, many men and women are abused in the care of these facilities. Their family does not know about it until the evidence becomes clear. What is worse is that most elderly individuals do not want to talk about this type of poor care because they are embarrassed of it. Many feel as though they are already a burden on their family. Yet, there is help available from legal professionals.
You Have Evidence
For those who do have evidence of some type of abusive behavior; the first step in getting help is to get the individual out of that situation. Then, once they are safe, you can schedule an appointment with nursing home abuse attorneys. These professionals will work with you to look at evidence and to help you to determine if the actions took place. For example, you may have used a camera to catch incidents of abusive behavior. If that is the case, present it to your attorney to get additional information and help on moving the process forward.
You Suspect a Problem
Perhaps you do not know what is happening but you are worried about it. You may believe there is something wrong. It is a good idea to talk to a lawyer at this point, too. He or she can provide you with information and help about what steps to take to prove your case. If the situation is involving health care or Medicare-paid for coverage, it can be very hard to prove your case without any proof and sometimes this will determine if you can move your loved one. Do not waste time. Talk to the lawyer right away.
What Can Happen?
Once you get your loved one out of harm's way, the next step is to take legal action. You may want to file a claim against the company's insurance for incidents you can prove. On the other hand, you may want to take steps that are more significant in order to protect the other people who may be in that facility. This is when going to court and filing a lawsuit really makes sense. The good news is your attorney can help you to ensure this is a success.
What can come out of such incidents? Though you do need to speak to nursing home abuse attorneys about your individual case, you can count on changes being made at both the corporate and the nurse level in these situations. You can protect your loved ones and others too.
Finding the right athens nursing home abuse attorneys [http://mcdonaldcodycook.com/nursing-home-abuse-lawyers] is important when such a grievous offense has happened. The offices of [http://mcdonaldcodycook.com] will take on your case with all the seriousness it requires.
DUI Attorney, How To Pick The Best
By Tim H
Once you've been charged with a DUI, it's important to look for a good DUI attorney to help you deal with the court proceedings and fight the charge. While DUI attorneys can be found easily, it's important that you shop around for a DUI attorney that meets your needs.
Starting Your Search for a DUI Attorney. The first thing you need to do is develop a list of possible candidates for your DUI attorney. There can be many places where you get DUI attorney names. For example, newspapers, internet ads, and the telephone book can all be good resources for creating a list in your search for a DUI attorney in your area. You can also check with your state's Bar Association to get a list of names of DUI attorneys who specialize in DUI law.
It's also great to get references for a DUI attorney from people you know. While it may be embarrassing to discuss your predicament with others, you're more likely to get a good referral for a DUI attorney from someone who's had a good experience in the past.
Finally, if you've ever worked with any kind of attorney for other legal situations, you may want to get some possible names for a DUI attorney from him or her. Regardless of where you get your names, it's important to consult with more than one DUI attorney to decide who to hire.
Consulting With a DUI Attorney Candidate. Before you hire someone to be your DUI attorney, take time to meet with a few different people to discuss your case. You should ask about how many DUI cases he or she has handled, the cost of the DUI attorney fees and other fees, and if he or she is board certified in DUI law.
It's important that you feel like you have a good report with the DUI attorney that you choose because you'll be working together a lot. At the same time it's also important to hire a DUI attorney that can get the job done right.
Beware of DUI attorneys who offer rock bottom prices or make promises about the outcome of your case. No one can predict how your DUI case will turn out - and it's irresponsible of a DUI attorney to say anything otherwise.
Hiring a DUI Attorney. Once you've decided which DUI attorney you'd like to represent you, you'll probably need to sign a contract. Make sure you read it carefully before you sign. It will outline the DUI attorney fees, but make sure that it includes everything and ask as many questions as you need to.
What You Must Know About Choosing a Bankruptcy Attorney
By Leland Abraham
Before consulting with a bankruptcy attorney, it will be helpful to know that there are four main types of bankruptcy: Chapters 7, 11, 12 and 13. Only two, chapters 7 and 13 are personal bankruptcy options. The remaining two forms of bankruptcy, chapters 11 and 12 and for corporations and agricultural purposes respectively.
The first step you will want to take when choosing a bankruptcy attorney in the Kansas City area is finding out the practice areas of your attorney. Some attorneys practice specifically in bankruptcy related matters. Other attorneys have a more general practice where they may cover several practice areas with bankruptcy being one of many.
Other attorneys may have a general practice but they want to try bankruptcy out because of the recent developments in the economy. If this is the case and the attorney is a solo-practitioner, you will want to make sure that you ask if the attorney has a reference source by which he or she is able to get help concerning the things he or she may not know. The practice of bankruptcy law is extremely intricate and sometimes the slightest mistake can be the difference between whether the debtor receives a discharge or a dismissed case.
The next thing a potential debtor will want to know is which type of bankruptcy law the attorney practices. Again, there are some attorneys who concentrate specifically on chapter 7 bankruptcy work. Those attorneys may choose to concentrate on chapter 7 work because it is less complicated than the chapter 13 work. Generally, chapter 7 debtors will not have substantial assets and they are procedurally less tenuous than a chapter 13. This does not mean that there are Kansas City Bankruptcy attorneys, who concentrate on Chapter 7 bankruptcy law, who take chapter 13 cases.
Another valuable piece of information that a potential bankruptcy debtor will want to discover is whether the attorney will appear with the debtor at the meeting of creditors. Once the paper work has been completed and the documents have been filed with the Bankruptcy Court, the Bankruptcy Court for the Western District of Missouri will schedule what is called a 341 meeting.
This meeting is also referred to as "The First Meeting of Creditors." It will be the first opportunity for the debtor to meet with the bankruptcy trustee and to confront any creditors who may want to prevent the bankruptcy from occurring. The attorney may not be privy to anyone wanting to challenge the discharge of the debtor before the meeting of creditors.
If the debtor's attorney is not able to appear at the meeting of creditors, a replacement attorney will need to be selected. The debtor not having an attorney is generally not a good idea because the trustee may want certain documents sent to the trustee's office within a short period of time or the trustee may have more specific questions that the debtor may not be able to answer.
If this were to happen, the debtor would need an attorney there who has a copy of the bankruptcy petition. Generally when a debtor attempts to conduct a meeting of creditors without the presence of an attorney, the debtor will not have all the information to adequately satisfy the inquiries of the trustee.
The next thing that a potential debtor will want to know when potentially choosing a Kansas City bankruptcy attorney is what is included in the attorney fee. This may vary from attorney to attorney. Generally, the attorney fee will be a flat fee that will include the bankruptcy petition filing fee. Currently, this fee is $300. However, the list of attorney duties could vary. Some attorneys will cover everything from start to finish with the fee that is paid.
Other attorneys may charge an additional fee if the petition has to be amended or if the trustee requires meetings outside of the meeting of creditors. Generally these fees will be covered in the contract for legal representation. If they are not, the potential debtor will want to discuss these issues with the potential Kansas City bankruptcy attorney.
These are a few things that a potential debtor will want to investigate when choosing a Kansas City bankruptcy attorney. The choice of an attorney is an important one and it should not be based solely on advertisement alone.
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Criminal Defense Attorneys: Is It Time To Call One?
By Stacey Schmidt
If you have asked yourself whether you ought to work with a criminal defense attorney, the answer is most certainly "yes." Criminal defense lawyers have the ability to affect the result of a criminal examination or trial. Your criminal defense attorney will make sure that your rights are protected throughout the police investigation, will browse the criminal justice system after charges have been submitted, and will challenge the government's case against you at trial.
AFTER CHARGES ARE FILED
You may not realize you need an attorney until you are issued a citation or served with a warrant. Law enforcement officers may conclude their investigation without ever making contact with you. Even if you were contacted by law enforcement, the officers may not have informed you of their intent to file charges. For these reasons, lawyers are generally retained after criminal charges have already been filed.
If you receive notice that felony or misdemeanor charges are pending against you, you should immediately contact a criminal defense attorney. Criminal charges have the potential to change the course of your life. Utah felony charges are punishable with imprisonment for zero years to life and with a fine of up to $10,000.00. Utah misdemeanor charges are punishable with imprisonment for up to one year and a fine of up to $2,500.00. Your criminal defense attorney will play an invaluable role in obtaining a favorable plea deal or obtaining a not guilty verdict at trial.
Your defense lawyer's work begins as soon as he is hired. In some cases, you may be arrested and required to post bail or remain in custody. At the time of arrest, the arresting officer is required to read you a statement of your rights. You have a right to an attorney, and your attorney should be present for all questioning that occurs while you are in custody. Your attorney can also assist you in reducing your bail or securing your release through a pretrial supervision agency.
After you have been released from jail and made your first appearance in court, your attorney will obtain discovery and evaluate the evidence to determine your options. Your attorney will attend pretrial conferences, where he will negotiate with the prosecutor to secure a dismissal or reduced charges. If a plea agreement is not reached, your attorney will file relevant pretrial motions and prepare your case for trial.
BEFORE CHARGES ARE FILED
Law enforcement officers frequently contact suspects before charges are filed, in hopes of obtaining a confession or other information to aid in their investigation.
DO NOT SPEAK TO THE POLICE. You have no obligation to assist in criminal investigations. You have the right to remain silent and to have an attorney present during questioning. It is important that you are aware of your rights, because investigating officers are not required to inform you of your right to counsel during the investigation stage. You will not be informed of your constitutional rights unless you are placed under arrest and taken into custody. In fact, police officers often mislead suspects into believing that an attorney is not necessary during "routine questioning."
If you have been contacted by the police, you should immediately retain a criminal defense attorney to communicate with the police on your behalf. Your attorney will ensure that you do not provide the police with any statements or evidence that may later be used against you. Your attorney will also work to investigate and preserve evidence that is favorable to your case. If favorable evidence exists, your attorney will use that evidence to persuade prosecutors not to file charges against you.
TRUST YOUR INSTINCTS
There may be other signs that you are the subject of a criminal investigation. If you have engaged in criminal activity, and your co-conspirator begins to exhibit unusual behavior, he may be working with the police. If you find your boss seated at your computer or going through your files, he may suspect wrongdoing. Trust your instincts. If something feels wrong it usually is.
Most criminal defense attorneys have a policy against consulting with people who are planning to commit a future crime. However, your criminal defense attorney can advise you on the likely consequences of prior criminal activity. Your attorney can also communicate with police agencies to determine the status of the criminal investigation and to assist you in reducing or avoiding criminal charges.
If you are faced with criminal charges, it is never too early to seek the advice of a criminal defense attorney.
Stacey Schmidt is lead counsel for the divorce and family law team at Schmidt and Gladstone. Schmidt and Gladstone also boasts a robust and experienced criminal defense team. For more information, please visit http://www.schmidtgladstone.com/.
What's the Difference Between a Last Will and a Living Trust?
By Rachel Ergo
Before visiting your estate lawyer, it's a good idea to spend some time learning about the various documents and procedures involved with estate planning.
An essential topic to every estate plan is probate. Probate is a court-supervised procedure for transferring the legal title of your assets after death to your beneficiaries. The probate process involves:
- Proving to the Court that a Will exists and is valid.
- Appointing a legal representative with authority to act on behalf of the estate.
- Identifying and appraising the property of the estate.
- Paying debts and taxes.
- Distributing the remaining property according to the beneficiaries.
Probate proceedings are public records and typically last several months. Any property listed in your name that does not automatically transfer upon your death, is considered probate property. For this reason, a last will goes to probate and a living trust does not.
You may have been told that a trust is more ideal than a will since it can avoid probate. However, there are other details to consider when choosing an estate plan.
Last Will and Testaments
After a will is drawn up, it must go through a formal legal procedure called executing the will. This requires witnesses to the signing of the will. A will is put into effect only upon death, with the provisions controlling all assets subject to probate. Any assigned accounts are not subject to probate and will not be distributed under the terms of a will. Non-probate property such as life insurance, retirement plans, and joint tenancy accounts will pass directly to the named beneficiaries by the institution holding the account.
When it comes to costs, wills are usually cheaper to create, but more expensive down the road when heirs have to manage the estate. A will provides little assistance for asset management while the person is living. If a person becomes physically or mentally incapacitated, the court must appoint a guardian to manage the estate. Even with a good power of attorney, this process is usually burdensome and expensive.
Every state has its own variation of laws that pertain to last wills. When a will is clearly laid out, the accepted rule is that if a will was valid in the state it was made, it remains valid even when moving to a different state. However, if there are any uncertainties or exclusions, the will is usually interpreted by the laws of the state of residency. Thus, other state-specific documents should be created in the new state after each move.
In order to change or add anything in a last will, a codicil must be filed. A codicil is an amendment which must be executed with the same formalities as the original will. Sometimes it is simpler to draw up a new will instead. The original will and any codicils must be presented after death.
While a last will must go through probate, there are simpler types of probate depending on size and type of assets and whether or not there is any contest to the will.
A living trust is a contract between the creator of the contract and the trustee who agrees to hold assets for the beneficiaries. Each trust has three necessary parties: grantor, trustee, and beneficiary. Typically, one person is all three. The grantor retains all rights to manage the trust while alive and legally competent.
Any terms and conditions can be added, since living trusts are contractual; and because there is much less variation in state trust laws, they can be carried to different states without significant problems. Assets can be added and removed at any time without any tax penalties. As with other contractual arrangements, trusts are not usually required to become public knowledge.
Living trusts are more expensive to create and maintain, but leave fewer burdens on a spouse, children or other heirs later. If the grantor becomes incapacitated, the living trust names a successor trustee to take over and continue to manage the trust. Asset management as a successor trustee is generally much simpler than through the use of a power of attorney.
At the death of the grantor, the terms of the trust define who inherits the trust. The assets can be distributed to the beneficiaries in any manner the grantor chooses. The distribution is private and does not need any court supervision, so the successor trustee can immediately access any accounts held in the trust.
A living trust is designed so that the assets are not a part of the probate process. However, this only works if the provisions are properly put in place during life.
Both wills and trusts are effective tools to manage an estate during and after life. There are no "one size fits all" plans, so it's important to discuss your options with an estate lawyer.
Doing Well by Doing Good: Law Firm Social Responsibility
By Janet Ellen Raasch
Corporations increasingly subscribe to the principle of corporate social responsibility. CSR is based on the belief that a demonstration of concern for the environment, human rights, community development and the welfare of their employees can make a corporation more profitable. And if not more profitable, at least a better place to work.
Law firms can learn from corporate experience to create their own social responsibility programs. Such programs can help law firms to do well by doing good. They can strengthen the firm's reputation and market position. They can help the firm identify with the culture and CSR activities of clients and potential clients. They can help lawyers and staff find more meaning in their work and improve as human beings.
In the words of the social responsibility Karma Committee at Brownstein Hyatt Farber Schreck: Be kind. Be generous. Be concerned. Donate time. Donate effort. Donate money. Just find a cause and give. You'll quickly discover giving is also receiving.
A panel discussion about how law firms can learn about CSR and introduce some of its elements into their own models was sponsored by the Rocky Mountain Chapter of the Legal Marketing Association. The program was held May 8 at Maggiano's Little Italy in downtown Denver.
Panelists included Sarah Hogan, vice president of Barefoot PR; Bruce DeBoskey, lawyer and founder of The DeBoskey Group, which focuses on philanthropic advising; Joyce Witte, Community Investment Advisor and director of the Encana Cares Foundation, Encana Oil & Gas (USA); and Amy Venturi, director of community relations & karma at Brownstein. Moderator was Cori Plotkin, president of Barefoot PR.
At law firms, the product is the people - the lawyers and support staff who provide high quality legal services. It is an easy fit. There are many ways that this 'product' can contribute time, talent and treasure to socially responsible activities.
Social responsibility: Focus and strategy
Law firm social responsibility is all about making a difference within the community and the profession, and within a firm. Even the best efforts will make no impact if spread too thin. You cannot maximize the value of your contributions or tell your story if your efforts are too diluted. To decide how to most effectively invest its resources, a law firm needs a social responsibility focus and a strategy.
Social responsibility efforts must be authentic. Law firms and other entities should always avoid 'green-washing' - telling a story that is aspirational, but not really true. Know yourself. Let your firm's unique culture and skills determine which efforts to pursue and which to avoid.
When examining your culture, don't limit yourself to partner input. Law firms are small communities, almost like families. Any effort to define culture and social responsibility should represent not only the interests of lawyers, but the interests of all levels of support staff. Efforts must be meaningful throughout the firm. The benefits to employee recruitment, retention and satisfaction can be remarkable.
DeBoskey outlined three types of community involvement and stated his belief that a good social responsibility plan includes elements of all three.
In a traditional model, an organization 'gives back' randomly to the community when asked - as a good citizen, rather than for any strategic purposes. In a social responsibility model, these efforts align with the capabilities of the business - like the legal skills of lawyers. Every non-profit needs legal advice.
At it's most sophisticated, a social responsibility program involves using your core product - legal services - as a tool for social change. Volunteer with organizations like the Institute for the Advancement of the American Legal System at the University of Denver, or the Rocky Mountain Children's Law Center.
A strong focus makes it much easier to make decisions. Encana, for example, focuses its charitable giving strategy on issues surrounding its product -- natural gas. Brownstein will donate money only if the request comes from a client, or if one of their attorneys is a member of the organization and on the board.
Law firms looking for additional advice can find valuable resources within the Corporate Community Investment Network. CCIN is an association for professionals whose primary responsibility is to manage community investment programs in a for-profit business setting.
Many corporations and a few law firms have actually created separate foundations to mange some of their giving. A foundation comes with more restrictions and different tax methods. As entities with a life of their own, however, foundations are more likely than one-off efforts to continue a useful existence.
Social responsibility: Good policies make good decisions
Strategy and focus provide the foundation for an effective social responsibility policy. Most law firms are inundated with requests from good causes asking for their support. A policy helps you know when to say "yes" to and when to say "no."
In the law firm model, where all partners are owners with a sense of entitlement to resources, it can be very difficult to say no. A keenly focused policy makes it much easier to do so and keep the firm's efforts on track.
Encana, for example, uses a five-step tool to determine the level of fit between a request and the company's strategic goals in the field of natural gas - with level five being the largest commitment and level one the lowest.
Level five efforts integrate core product or service and often involve natural gas vehicles and energy efficiency initiatives using natural gas. These efforts contribute to best practices and leading trends in the industry, while enhancing the company's reputation as a leader.
Level four efforts focus on strategic partnerships and often involve sustainable and long-term solutions like workforce development initiatives, signature programs (which can be repeated in other markets) and multi-year grants.
Level three efforts include strategic grants to assist with projects, programs or initiatives made to local non-profits aligned with natural gas.
Level two efforts include responsive giving, which is a one-time gift for a broad community effort that has local support. Participation of company representatives is required.
Level one efforts include the "t-shirt and banner" category, which contains one-day items like dinners, receptions, golf tournaments, events and races. These offer the least impact and awareness for the money, and therefore the least support.
At Brownstein, requests made to the firm are judged by two factors. The firm considers only requests made by clients and requests made by organizations where one of its attorneys participates at the board level.
Social responsibility: Engagement
Effective social responsibility programs involve not only checkbook involvement, but personal and professional involvement.
At Brownstein, the brand has always been about being out in the community. Six years ago, Venturi was asked to formalize this essential component of the firm's culture into a social responsibility program that would further energize lawyers.
She started by spending 15 minutes with each of the attorneys, to discover their passions - which were used to identify a good non-profit match. After all, lawyers and staff will stay involved and do their best only when an organization is something that they care deeply about. If there is no engagement, the placement will backfire.
Finally, Venturi offers the lawyer's services to the non-profit in some capacity - but it must be at the board level. Otherwise, she won't make the match.
Project Karma is a Brownstein program dedicated to volunteer opportunities, and maintains a committee in each of the firm's 12 offices. It sponsors informal lunch & learn presentations by local non-profits to encourage interest.
The message about active engagement by lawyers and staff must come from the top. Brownstein makes it very clear that the path to partnership for a new attorney is based not only on legal skills, but also on engagement and involvement with the community.
It is important to add a community involvement component to lawyer reviews, even if it is only one goal a year. That lets the lawyers know that you are serious. The Colorado Supreme Court asks every lawyer in to contribute 50 hours of pro bono work each year. Integrating these programs leads to win/win results for the firm.
Not every firm can match the efforts of a large company like Encana or a large law firm like Brownstein. However, there are good matches for firms of every size. Once again, it is all a matter of focus.
In fact, it is much easier to get five members of a small firm to focus on a strategic initiative than 500 lawyers in a huge firm. If a law firm has $10,000 to donate, that money goes a lot father and has a lot more impact to one organization than do $100 donations spread across 100 organizations.
Smaller law firms can also multiply its impact by partnering with others in an industry, like vendors or clients, to support a particular non-profit.
Social responsibility: Return on investment
Corporations measure the results of their social responsibility programs, and use these results to make decisions on efforts going forward. Law firms should do the same.
At the end of the year, Encana uses its five-level model (outline above) to analyze our charitable giving. How much was given at each level? Then the company sends a form to each non-profit, asking the recipient to evaluate outcomes (statistics for what was accomplished), process (did efforts meet the intended audience) and impact (what difference did it make).
Encana asks recipients to reply within 60 days, and uses this information to calculate return on investment. Those who do not report back are not eligible for further contributions. The non-profits might gripe at first, but they seem to change their minds once they've been through the process - finding that it has useful strategic value.
It is entirely appropriate to ask a non-profit to document the results they've achieved based on your contribution. It lets them know that you are truly invested in the organization. They will see you more as partners and engage you differently.
Most corporations have created and benefited from well-thought-through and strategic social responsibility programs. Law firms are starting to do the same. A program with tight focus and strict guidelines guarantees maximum impact and awareness in exchange for a law firm's commitment of time, talent and treasure.
Janet Ellen Raasch is a writer, ghostwriter and blogger ( [http://www.constantcontentblog.com] ) who works closely with professional services providers - especially lawyers, law firms, legal consultants and legal professionals - to help them achieve name recognition and new business through publication of keyword-rich content for the Internet as well as articles and books for print. She can be reached at (303) 399-5041 or email@example.com.