The Common Pitfalls to a Slip and Fall Injury

August 30th, 2010 by casnnone

Some people quickly fall into the role of playing victim and become overconfident of their personal rights. They aspire to forge ahead with a lawsuit, claiming that the public or an employer should be held liable for a slip and fall. They have to realize, though, that before they ask a personal injury attorney to file claims on their behalf, they should first make sure that the claim they present to their attorney is the whole truth. Withholding important information, hiding medical background, and selectively denying the real cause of the accident are only some of the common pitfalls which could lead to a slip and fall personal claim being denied or rejected in court.

Withholding information

The last person you should withhold information from is your personal injury attorney. Here’s the person who will work in your best interest and you’re out to fool him? He’d be the first to detect if there are any inconsistencies in your story even before it reaches the court. Don’t inconvenience him with a jumble of truth and lies. If you want to convince him of your sincerity and credibility, start by being honest in your dealings. Gain the respect of a personal injury attorney, and he will gain you all the claims you do deserve, whether he’s working pro bono or for a fee.

Hiding your background

Never hide your background from your personal injury attorney. If it is of a personal nature like your income or tax records, your credit history, or the state of your finances, a background check could always be made by insurance companies, and it can only work for or against you. You could only hold up what your personal injury attorney could win hands down.

Neither should you hide any detail of your medical history from your personal injury attorney. Inform him beforehand on your past illnesses and surgeries. Are there bone and muscle diseases, brain and nervous system disorders related to coordination and balance, or problems with a weakness in any part of your body, like your eyes and your legs? Give him access to results of medical check-ups and findings on your state of overall health before and at the time of your accident. Your personal injury attorney can then set out to prove the ill effects that the slip and fall accident had on your good health.

Be open with your social history if you’ve had case of alcohol or substance abuse. Don’t let the prosecution dig up dirt on your person. The only digging left to be done now would be how come a wet, unmopped floor in your work area did not have safety warning devices and how come a manhole or construction work was left unattended and unmarked on a public pavement causing you to slip and fall?

Accidents do happen. The sooner you have a doctor check you, the better. The sooner you file it, the more legitimate it will be. The sooner you tell your personal injury attorney the whole truth, the sooner he can figure out how to help you and win the case for you.

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How Lawyers Got A Bad Rap

August 29th, 2010 by casnnone

We have all heard the jokes and negative comments surrounding lawyers but have you ever wondered how it all got started. Just as with any profession, there is bad and good. Are there unethical, incompetent attorneys? Of course! Just as there are unethical, incompetent plumbers, physicians, and restaurant workers. However, for some inexplicable reason, it seems lawyers have had more than their fair share of “bad”. The complexity of the law and the demand for legal services from the boardroom to the coat room validate that the profession does have value, so why the bad press?

Well let’s begin with fees. The hourly bill may just have been the beginning of the end for the legal profession. No one is in a good mood when an hourly meter is running, particularly when you can’t control the number of hours that you purchase! Traditionally, Lawyers have relied on the hourly rate, as their standard for billing. With this billing arrangement, the law firm would maintain a record of everything done for you to include phone calls, written letters, court appearances, consultations, etc. You are then billed an agreed upon hourly fee for all of the time that was spent working on your behalf. In addition, you could also incur additional expenses such as transportation, document fees, even phone calls. While this practice is standard in many professions, many consumers believe that attorneys inflate expenses in an effort to make additional profit.

In truth, most service providers use an hourly rate to calculate a fee. In example, an accountant might quote you a fee of $250.00 to review your taxes. The fee is not out of line with your geographic area and the accountant comes highly recommended so you opt to hire him/her at this rate. What you may not realize is that the $250 flat fee may be based on the accountant’s knowledge that the review will take 2.5 hours of time at $100 per hour.

Many attorneys have become a bit more market savvy and offer alternative billing arrangements. Rather than hourly bills and separate expense charges, they may offer case rates, retainer agreements and other solutions. The key is in providing value for the dollar charged, and creating long term relationships.

Another area that has eroded the reputation of lawyers is the unfortunate lapses in ethical behavior. While most attorneys do in fact adhere to the standards of law, the few bad apples have made it difficult for the public to trust lawyers. For example, in the state of South Carolina a young man was on trial for a murder that most believe he never committed. His family sold their home, cars, and gathered all the cash possible to hire a good defense lawyer. Believing their son was in the best hands possible, they discovered that the prosecuting attorney was married to their lawyer’s sister and that pertinent information had been shared, resulting in a mistrial. As you can imagine, this put a black mark against those attorneys, as well as others who were innocent but within the same community.

Personal injury law has been another source of questionable ethics. Billboard and commercial advertisements abound with the promise of high dollar settlements for your case. This marketing tactic only adds to the negative perception of the legal profession, as it makes them appear as ethical as snake oil salesmen.

Additionally, most of us have heard the horror stories about attorneys collaborating back room deals with physicians. In this instance, an attorney wanting to win a case involving a car accident or injury on the job might send his client to a “special” doctor that will validate and even overemphasize the level of injury. The doctor testifies in court in support of the plaintiff, giving the attorney and case strong credibility. Again, these practices are not standard for all personal injury lawyers but unfortunately the actions of a minority have significantly impacted the majority.

The attorneys that engage in unethical practices deserve to be drummed right out of the profession. Sadly, it is unlikely to happen because just as there is a market for competent, ethical law practitioners there is also a market for the legal underbelly. People that desire to bring forward fraudulent lawsuits, illegal adoptions or even illegal immigrations will turn to attorneys who are willing to work around the established rules of law.

Most attorneys are honest, hard-working individuals who take their work very seriously. Because of this, we see a number of law firms working to change public opinion. There are dishonest “professionals” in any field. We can look to education for current examples. There seems to be a spate of sex scandals involving schoolteachers, yet, the four cases that have been highlighted in the news within the past year does not mean all schoolteachers are sex offenders.

The same is true with lawyers. Yes, we have seen cases in which some are not honest and sadly, those are the cases exploited through the media. What you do not hear much of are stories about the reputable attorneys that solve cases and help improve or even change lives. While the public may not be quite ready to elevate lawyers to hero status maybe, just maybe we can start a kinder, gentler trend of being a little nicer.

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New York Personal Injury Attorney Guide

August 29th, 2010 by casnnone

Life can bring several unexpected events. There are several incidents which can hurt you emotionally, physically as well as financially. These unexpected incidents could result from an auto accident, personal injury or due to medical malpractice/negligence.

If somebody close to you has suffered personal injuries, then it could be a traumatic experience for that person as well as his family and friends. If you have suffered personal injuries due to some negligent authority or an individual, then you must contact a personal injury lawyer.

A personal injury lawyer handles legal issues and various complications arising out of the personal injury claims. Several times it is observed that insurance companies indulge in fraudulent practices which could shatter the person who has applied for a reimbursement of medical bills. This is where your personal injury lawyer can help you. Several times it is observed that medical insurance companies refuse to make payments to the hospital authorities. These sorts of complex situations can leads to serious consequences on the medical treatment offered to a personal injury victim.

If you are injured within New York City (NYC), then you should contact a New York City Personal Injury Lawyer or Law Firm. A personal injury attorney who is based in New York cannot provide legal help, if you have suffered injuries outside the New York region. Before contacting an attorney, you must find out the legal service gamut of the injury lawyer.

Selecting right personal injury attorney could prove to be a difficult exercise, but it becomes more complicated if you or your loved ones have suffered injuries due to negligence or due to an accident. In these situations the defaulter organization, company or individual hires a defense lawyer which could affect your legal case. Before you hire a personal injury attorney, you must do a small research regarding previous track record of your injury lawyer. This will help you decide the best course of action for your legal case. Hiring a right personal injury lawyer will help you winning the case.

If you have decided to hire a particular personal injury lawyer, then you must provide each and every minute details of your injury case. Always make sure never to hide any fact from your hired lawyer. Hiding crucial information could only result in further complications arising out of your legal case. You must provide detailed information related to medical status of your personal injury. This will help your personal injury attorney to determine the right compensation from the negligent or defaulter authority/individual.

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Florida DUI Penalties

August 29th, 2010 by casnnone

If you have recently received a DUI in Florida, you may be getting advice from friends and family about what you can expect as punishment. It’s best to remember that a lawyer will always be your best source of information. Lawyers can help you understand the legal structure, and they can also help you understand how the specifics relating to your case will correspond to the law. Just because someone you know was punished one way doesn’t mean that you will be punished the same way. Florida has set some basic guidelines for punishment upon conviction.

If This Is Your First Conviction According to fine schedule 312.193(2) (a)-(b), F.S., a first conviction is subject to a fine of not less than $250.00, but no more than $500.00. If the blood alcohol level was .20 or higher or a minor was in the vehicle, the fine is slightly higher of not less than $500.00, but no more than $1,000.00. The exact fine amount is usually set by the judge and can be argued by lawyers, but it is generally up to the sole discretion of the judge.

If This Is Your Second Conviction According to fine schedule 312.193(2) (a)-(b), F.S., a second conviction is subject to a fine of not less than $500.00 and not more than $1,000.00. If your blood alcohol level was .20 or higher, you can expect your fine to be higher. This is also true if a minor was in the vehicle with you. If either of these situations applies to you, you can expect your fine to be no less than $1,000.00, but not more than $2,000.00.

If This Is Your Third Conviction According to fine schedule 312.193(2)(a)-(b), F.S., if this is your third conviction in more than 10 years, you will be fined no less than $1,000.00 and no more than $2,500.00. If you were arrested with a blood alcohol of more than .20 or a minor was in the vehicle, the fine will be no less than $2,000.00.

If you have a third conviction within 10 years, you will be fined no more than $5,000.00. If you had a blood alcohol of .20 of higher or there was a minor in the vehicle with you at the time of your arrest, you will be fined no less than $2,000.00. If This Is Your Fourth Conviction

According to fine schedule 312.193(2)(a)-(b), F.S., if this is your fourth or subsequent conviction, you will be charged no less than $1,00.00, and if there was a blood alcohol of .20 or higher or there was a minor present, the fine will be no less than $2,000.00. Of course, on a fourth offense, most judges will be quick to give a heftier fine to help deter you from future DUI charges.

Community Service

Community service is generally something that judges order DUI offenders to do. A first conviction can warrant up to 50 hours of community service and an additional fine of $10 for each hour of community service ordered. On a first conviction, it is possible for probation/incarceration to last up to one year of time. Imprisonment isn’t typical, but it is at the court’s discretion and is dependent upon the circumstances of the case.

Imprisonment If imprisonment is warranted, there are limits as to what the court can decide. For a first conviction, the convicted cannot spend more than six months incarcerated, or 9 months, if the blood alcohol was .20 or higher. For a second conviction, you could spend as much as nine months imprisoned, and up to 12 months if the blood alcohol was more than .20. A second conviction requires at least ten days of imprisonment, with at least 48 hours of consecutive confinement. A third conviction within ten years requires a mandatory imprisonment of at least 30 days, with at least 48 consecutive hours of confinement. If the third conviction takes place after ten years, the offender cannot be held for more than 12 months. A fourth conviction can mean up to five years of imprisonment, as indicated in 775.084, and listed as a habitual or violent offender. Imprisonment for these charges is usually spent in a treatment facility for drugs and/or alcohol abuse.

As you can see, there is a lot of room for negotiation with fines, community service, and time spent in treatment programs of some type. With a lawyer by your side, you have a better chance of getting through the legal process and rebuilding your life on the other side of it. Don’t just go with the flow and believe what your friends and family tell you. Each case is different, so be sure that you get the best legal defense for your case.

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Injury Lawyers – Myths That Surround Them

August 28th, 2010 by casnnone

Injury Lawyers have become stigmatized as ‘Ambulance Chasers’ and the butt of a running joke, but it’s not so funny when you actually need one.

If you asked the average person in America what he or she thought about personal injury attorneys, he or she would probably respond with laughter or disgust. Injury lawyers have gotten a bad rap, with a number of myths about them in general circulation. Like most myths out there, these untruths have been propelled by the misunderstandings people have of the trade.

Myth 1: All attorneys are greedy and selfish.

Like any generalization about a group of people, this myth is clearly a falsehood. There are countless good, decent and hardworking people in America who just happen to work as attorneys. Their choice of profession has no impact on their moral character or monetary desires. Pro-bono and environmental attorneys would fall into the category of ‘all attorneys’ and clearly are not greedy and selfish. No group should be written off this easily, and attorneys are no exception.

Myth 2: A personal injury is a fake claim, and lawyers who assist you in such claims are spin doctors.

While some false claims have made a bad name for the whole lot, for the most part the personal injuries sustained by Americans are real and deserving of fair representation and compensation under the law. Just because a few bad eggs have made ridiculous and dishonest claims does not mean that every person who pursues or defends such a case is lying. Again, generalizations never end up being true to fact.

Myth 3: Pursuing a lawsuit is a long and pointless process.

On the contrary, such a lawsuit can be both speedy and lucrative. Depending on the severity of your claims and your desired restitution, you might be pleasantly surprised at the speed and level of the outcome. An added bonus is that injury lawyers are not paid until you are, so there is really no risk in hiring one to work on your behalf if you have been injured.

Dispelling the myths attached to this process and profession is important so that people realize that this and every other group of people deserves fair treatment and consideration. No entire segment of the population is good or bad, life just isn’t that simple. Keep these myths in mind the next time you hear about a personal lawyer for injuries.

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The Pro Bono Criminal Defense Attorneys of Texas

August 28th, 2010 by casnnone

A lawyer taking a pro bono case means that they are providing legal services voluntarily. They are representing a criminal defendant without requiring any payment for the job. This is their way of rendering public service as required by the different bar associations if America.

Pro bono criminal defense attorneys are available country-wide. In Texas, pro bono services are widely promoted. Attorneys and paralegals are always invited by the State Bar of Texas to contribute to the society legally.

If you an aspiring attorney or a paralegal moving to Texas and would like to know what you can contribute as part of your pro bono service, here are the different ways how:

Be a Part of the Texas Lawyers Care. This is the main support project of the State Bar of Texas. This institution offers training, assistance, and resource materials to the staff and all other pro bono volunteers. They are also the backbone of the Texas Access to Justice Commission, the main committee looking after the poor people of Texas to receive proper justice.

Volunteer Your Criminal Defense Expertise. As a lawyer serving pro bono hours, you can take in a couple of cases in a year to help people who are short of hiring the best lawyers to represent them. You can either provide your services for free or you can charge a very minimal amount.

Mentor Younger Lawyers. You can also do pro bono services through teaching fresh-out-of-school lawyers know their way around real courtroom scenarios. You can fill them in with the current trends of the judicial system, as well as the proper techniques to win a case, given the judge on the chair. You can also second chair a particular case. That way, you can easily integrate your own expertise along with your apprentice.

Educating the Youth. Texas State Bar also hosts a lot of educational programs aiming to reach young people who are aspiring to be a lawyer. Classroom curriculums are also developed to for high school and college students so as to expose them to the legal world. Legal information, research materials, and case studies are also made widely available to interested parties.

Offering Clerical and Administrative Services. As a part of your pro bono service, you can also help by serving as a clerk for the Texas Courts as well. A court clerk serves as a professional adviser to the magistrates. Although court clerks do not take part in the judicial decision making process, the job is still a challenging one for your level of expertise.

These are just some of the things you can do to serve the required pro bono hours in the state of Texas. Practicing law in Texas is quite appealing, as its State Bar aims to promote its people, rich and poor alike, all too effectively.

Signing up for a pro bono service is quite easy as well. All you have to do is to log-on to the State Bar of Texas website and fill out the necessary forms. A lot of information could also be obtained about membership requirements from there.

Texas lawyers are known to go above and beyond to make sure that the people of Texas have complete access to the state’s judicial system. As a Texan criminal defense lawyer, for instance, you will be able contribute time, leadership, and commitment to the state’s legal system.

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Characteristics of Alcoholism Versus Alcohol Abuse

August 27th, 2010 by casnnone

If you or someone you love drinks excessive amounts of alcohol, you may want to classify that behavior as a “drinking problem”. Common terms that are associated with this behavior include “alcoholism” and “alcohol abuse”, but these conditions are different and have their own specific identifiable characteristics.

If an individual chooses to drive while under the influence, serious penalties may result including jail time, high-priced fines, mandatory alcohol classes, license suspension, vehicle seizure, or even the insertion of an Interlock Ignition Device in the offender’s car. If you are charged with this crime, it is important to seek experienced legal representation in order to reduce or eliminate these penalties.

Alcoholism is a diagnosable disease and includes the following characteristics:

Strong craving for alcoholism
Continue use despite harm or personal injury
Inability to limit drinking
Physical illness when drinking stops
Need to increase the amount of alcohol consumed in order to feel the effects

Alcohol abuse is a pattern of behavior that can cause negative effects to one’s personal health, family situation, friendships, romantic relationships or ability to work. Characteristics include:

Failure to fulfill responsibilities in the work place, at school, or at home
Drinking in dangerous situations (such as while driving)
Legal problems associated with alcohol use
Continued drinking despite problems that are caused (or made worse) by drinking

Alcohol abuse indicates dangerous behaviors that may lead to a dependency, or alcoholism. This dependency can be chemical, physical, or emotional. When individuals reach this level of alcohol use, it is important to monitor their behavior so they do not endanger the lives of others. However, if a mistake is made and the individual is charged with a DUI, legal help exists to help that person fight for his or her individual rights in a court of law.

To learn more about alcohol dependency and how it can affect your DUI charge, visit the web site of Rhode Island DUI lawyer James Powderly today.

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Know About Attorney in DUI Cases

August 27th, 2010 by casnnone

DUI prosecutions are motivated by issues that are not based upon constitutional fairness or equity. Like all attorneys, they are bound by ethical duties and a high standard of “fair dealing” with all litigants in our adversarial legal process. Often, the heat of battle causes these officials to become both political and competitive. When this occurs, justice does routinely suffer at the hands of a prosecutor’s vanity or ego, or outright criminal misconduct.

Lawyers must periodically stand for election. Many are first appointed to their posts by the governor of their respective state to act as the county or state attorney given the responsibility for accusing and prosecuting crimes within their jurisdiction. When it is time for re-election rolls around, an opponent seeking to replace the prosecutor may investigate the actions of the incumbent in dismissing cases, reducing cases or noteworthy cases at trial. A high profile trial can end the tenure of a successful and diligent state or county attorney. Los Angeles County, California is probably the best known place for this to occur in the United States. Hence, the pressure to “win” will always loom over the lawyer‘s office. Case dispositions are public records, for mostly all criminal cases. Combing the prior files for unusual or inexplicable outcomes favoring persons charged with DWI can be a large part of an opponent’s political attack on the current office-holder. This political tension, coupled with attorneys’ inbred desire to “win”, creates a rocky slope for defense attorneys to negotiate as the case goes to trial. In the late 20th century and in the current century, numerous states have passed legislation that intends to create a crime for prosecutors within the state to reduce or dismiss a DUI-DWI charge. Kentucky and Oregon have such statutes, and many cases are needlessly tried due to the legislative edict that threatens any prosecutor who negotiates a marginal case with becoming a criminal defendant from doing so. Such legislative overreaching is an improper misuse of the legislative process, and a constitutionally a questionable practice. To say that every DUI-DWI case made by the officers of these states is a good, solid case is ludicrous and yet such laws are politically expedient.

Like other jobs, relationships are built and experienced DUI lawyers can approach an ethical and principled district attorney or state’s attorney with a proposal for a reduced charges or dismissal of charges in a pending DUI case. Knowledgeable attorneys in the drunken driving defense field will know which prosecutors to trust and which ones not to trust. Being able to find a “winning” defense or a flaw in the prosecution’s case, and then to be able to use that as a negotiating tool to avoid the risk of trial is generally limited to DWI lawyers who work in this field on a daily basis. Some prosecutors would listen to the presentation once and immediately “fix” the problem by amending the accusation or information or possibly by locating an essential witness whose name was not known prior to the conversation with defense counsel. They know no loyalty and will not have moral compass. They want to win more than they care about fairness, much less their tarnished reputations in the future. Criminal defense lawyers who handle criminal law matters every day quickly learn who these people are, and never trust them with any pre-trial “disclosures”. Other prosecutors are highly honorable people who will “do the right thing” when confronted with a loser of a case, based on some latent flaw or defect in the case.

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Legal Aid Society

August 26th, 2010 by casnnone

The oldest and largest provider of legal services in the United States to its community was founded in 1876. The Legal Aid Society‘s main function is to provide free legal services to the people living in New York who are living at or below the poverty level. This will help to ensure that the justice system does not miss out on these groups of people who cannot afford to hire a lawyer. These groups of people are unable to even have enough for their daily basic necessities much say a lawyer should they require one when they face a legal situation. The Legal Aid Society basically provides services such as criminal defense and juvenile representation in Family Court for these groups of people in New York.

Every year, the Society will have to handle about more than 200,000 indigent criminal cases. On top of these criminal cases, the Society has to act as legal guardian to more than 30,000 children, representing individuals, families and community groups in more than 30,000 cases. The number of cases taken by the Society has only increased since it was founded in 1876. This could only imply that the income gap between the rice and poor in New York is growing further and further apart as the country progress. This has resulted in more and more people having to turn to legal aid service provided when they face a legal situation they need help with.

On top of representing in the above mentioned cases, the Legal Aid Society will also frequently conduct major class action litigation on behalf of thousands of welfare recipients, foster children, elderly poor, homeless families, inmates and prisoners. The amount of working and responsibility taken by the Society has increased over the year. Today, the Society plays an active and important role in the providing of justice to the people living in poverty.

Current, the Society has more than 800 lawyers working with approximately 600 paraprofessionals working based in neighborhood and court-based offices in 18 facilities in the five boroughs of New York City. The Society basically gets its resources from public funding from criminal defense work and representation of juveniles in child protective and delinquency matters. Public funding contributes about 90% of the Society’s fiscal budget of $140 million. The remaining 10% comes from the annual fund raising activities organize by the Society. This includes private donations from individual, associates, law firms, corporations, foundations and special events.

The Legal Aid Society can be seen to have the largest pro bono programs in the country. There are about 900 talented voulnteer lawyers working for the Society every year. Ever since it started its pro bono program, the Society has done a lot to ensure it is able to retain and maintain its relationships with the volunteer lawyers throughout their careers in the legal field. A unit located at the Society’s headquarters at 199 Water Street holds the usual pro bono activities. To the Society, these individuals are very valuable as they help to provide a strong base of contacts and relationship.

For more information on Legal Aid, Legal Aid Service and selecting a Legal Aid Lawyer, please visit the website on legal-aid.

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Why Using a Malpractice Lawyer is in Your Best Interests

August 26th, 2010 by casnnone

If you feel as though you or someone close to you have been the victim of medical malpractice, using a malpractice lawyer will be in your best interests. Many people make mistake of thinking that once they sign the medical waiver or the documents the hospital or doctor gives you that they are automatically not held responsible if something were to go wrong. This is absolutely not true and you still have many rights. You did not waive any rights because you signed that document and many people are not aware of that fact.

No matter how minor the procedure, if something goes wrong during it or it becomes botched, your doctor and the hospitals are responsible. The same applies if a doctor misdiagnoses you or your loved one. A misdiagnosis can lead to serious injury if not caught. You could be taking treatments, medications or have procedures done that you would not have needed if the doctor or hospital had gotten the correct diagnosis. In this case it is imperative that you use a quality malpractice lawyer to help you know what rights you have and what can be done to ensure you get the compensation you deserve.

If you feel as though you are the victim of medical malpractice start keeping all the documents you have regarding your personal situation. This includes detailed records of doctor appointments, trips to the hospital, procedures done, medications taken or that your doctor prescribed as well as conversations you had with your doctor or in some cases multiple doctors. These documents can help your case against the hospital or doctors. If it helps, set up a special folder or notebook just for these documents and a record that you keep notes in. No matter how small or unimportant you think it may be, be sure to keep everything you have or receive.

Most victims of malpractice are not aware that if they use a malpractice lawyer, the doctors or hospital will often settle the case outside of court so they do not get bad publicity. They would rather pay the patient the compensation for their damages suffered than risk getting a bad reputation. Using a quality malpractice lawyer can help you determine what sort of settlement is adequate for what you suffered, or if you even have sufficient evidence to substantiate a valid suit. They can give you a good estimate on what you will need and how to get the most for what you are owed.

Every state has their own medical malpractice laws so it is imperative that you use a quality malpractice lawyer who can ensure you get your case filed in time and are able to receive the restitution you deserve. Most patients who go into a medical malpractice case alone only leave with a small percentage of what they would get had they gone in with a good medical malpractice lawyer. Legal counsel is experienced and familiar with malpractice and the laws as they apply in your state. Using a medical malpractice lawyer is in your best interests because not only will it help you get better compensation, it will help the whole process be smoother.

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