Why You Should Hire a Personal Injury Attorney

Personal Injury Lawyer

While recovering from your injuries, have you considered filing a claim against the liable insurer? Do you plan on reaching out to an attorney? Too many people mistakenly think that a personal injury claim is easy and can be handled without the additional expense of an attorney, but that is not exactly accurate. Lawyers help ensure that you get a fair judgment or settlement. However, there are several other reasons to hire a lawyer.

  1. No Money UpFront

Most personal injury lawyers work on contingency, which means that you do not pay them anything upfront. A contingency agreement also means that the only way you have to pay for attorney fees is if you win your claim. Unfortunately, while the payment arrangement is lovely, keep in mind that attorney fees range from 30 to 40%, depending on the difficulty of the claim.

  1. Protection Against Unfair Allegations

There is a fairly standard rule when it comes to lawsuits: say nothing. Insurance companies will send adjusters to your home, and sometimes your hospital room to talk to you about your claim. Most of these representatives will seem friendly-enough, but they will most likely ask to record your conversation. Insurance agents do not care about your injuries or recovery. They are only out to protect the interests of their employer. Hiring an attorney can protect you from these shady meetings because you can just explain that the representative can talk to your attorney. Your lawyer knows how to phrase answers to protect your interests and claim.

  1. Help Finding and Getting Treatment

Your attorney is more than a legal professional; they are your advocate. Sometimes it is difficult to find or afford the treatments necessary for your recovery. Most personal injury attorneys have relationships with hospitals and medical professionals, allowing them to negotiate on your behalf. Also, if you are struggling financially, your attorney can make arrangements for recovery expenses to come out of your settlement.

  1. Greater Odds

If your objective is to receive the most money possible through your claim, then hiring an attorney is the only way to go. A lawyer dramatically increases your odds of a successful filing. Also, an attorney will more than likely be able to reach a settlement agreement, avoiding the lengthy and costly court process.

While you may be tempted to file your personal injury claim without legal representation, consider the benefits and advantages of hiring a professional. To find out how to pursue your injury case, consult with a personal injury lawyer, like the offices of The Law Offices of Konrad Sherinian, LLC as soon as possible.

The 27th Edition of The Best Lawyers in America© Recognizes Attorneys Chris Patterson and Austin Rainey

Wiseman Bray PLLC is pleased to announce that attorneys Chris Patterson and Austin Rainey were recently selected by their peers for inclusion in the 27th Edition of The Best Lawyers in America©.

shooting victim attorneyChris Patterson was recognized for his high caliber of work in the practice areas of Commercial Litigation and Municipal Law.

 

 

AUSTIN T. RAINEYAustin Rainey was recognized for his high caliber of work in the practice area of Personal Injury Litigation – Plaintiffs.

 

 

For more than three decades, Best Lawyers has been regarded – by both lawyers and the public – as the most credible measure of legal integrity and distinction in the United States. As such, Chris and Austin’s recognition by Best Lawyers symbolizes excellence in practice.

Inclusion in Best Lawyers is based on a rigorous peer-review survey comprising more than 9.4 million confidential evaluations by top attorneys. Best Lawyers’ founding principle remains unchanged and forms the basis of their methodology: The best lawyers know who the best lawyers are, and attorneys do not pay to participate or be recognized. Best Lawyers lists are published in top-tier business and legal publications such as The Washington Post, The Wall Street Journal, and The New York Times.

For more information, check out the Best Lawyers website, and Mr. Austin Rainey’s profile.

When Could a College Be Liable if a Student Is Murdered?

Personal Injury Lawyer

Colleges around the world work diligently to provide a positive learning experience for students. These institutions should also emphasize safety and ensure that everyone can pursue their studies without worrying about their well-being. Unfortunately, tragedies can strike on campuses, resulting in terrible crimes such as murder. While the fault of many of these incidents rest solely on the shoulders of the perpetrator, there could be times when the school is held liable. If a loved one was killed on a college campus, you may wonder whether to pursue a wrongful death suit against the school.

Security Lapses

In a campus murder, attorneys in a wrongful death case may start by examining what type of security the school had. Many colleges have their own police forces, while others rely on private security. Some colleges use both. A college murder case may at least partially be due to a lack of security measures to prevent the incident. For example, lawyers may find that the campus has an insufficient number of officers. Or, an attorney may deem that the officers were not properly trained to provide a safe environment. Another issue could be that campus police or security failed to follow up on leads or warnings that could have prevented the crime.

Ignoring the Signs

A campus may be liable for a student murder if administrators and other leaders failed to seriously investigate claims of threats or violence. The victim may have previously complained to an instructor or to other authorities on campus about other students or people in the area. The murdered student may have spoken about fearing for his or her life. If these cries went unheard, a lawyer may find that the school was negligent. Another example could be if the murdered student had complained that a fellow student was threatening him or her but the school failed to speak to the alleged perpetrator. Or, perhaps the school knew about a student who had a criminal record or who had a violent history but did nothing in response.

Lack of Resources 

Campuses should have safety measures should as panic call boxes, plenty of lighting along paths and student organizations to protect and comfort students. If these measures don’t exist, and the school knows they should but did not act, a wrongful death suit could be warranted.

Review these issues with a personal injury lawyer, like from Darrell Castle & Associates, today. Find some peace of mind in the wake of your loved one’s murder.

Can You Remove Your Spouse from Your Home?

Family Lawyer

While going through the process of divorce, your marital property is still shared between you and your spouse. If both of you refuse to leave the family home before finalizing the divorce, it can lead to some awkward situations. This is particularly true if the divorce is hostile or contested. Is there a way for you to keep your spouse out of the family home before you finalize the divorce?

Are You Both on the Title?

If the two of you share the title of the home, then you legally cannot bar your spouse from entering the premises in most circumstances. He or she may have every right to be there. While most couples work out an arrangement, you cannot kick your spouse out of the home without taking the proper legal measures under serious circumstances. Even then, if your spouse pays any of the bills or utilities, he or she may have a case to enter the home.

Is Your Spouse Abusive?

If there is a history of domestic violence or if you do not feel safe with your spouse in the home, then you can file for an order of protection. While a judge will have to review your petition, your spouse will not be present. This is to protect you. Based on the petition, you may be able to receive a temporary protective order, with a hearing within 15 days.

When you have a protective order, your spouse cannot approach you. He or she will have to stay out of the home. At the full hearing, you may need to show evidence and have witness testimony about your spouse’s abuse. If the judge orders an extension on the order of protection, then your spouse will still have to stay away from you. If he or she violates the order or shows up at the house, you may call the police.

If you want your home to yourself during a divorce, you should always discuss your options with a lawyer. It is not always clear cut how you should keep him or her out. While some lawyers may suggest that you change the locks on the home, there are circumstances where you may not be able to. Likewise, you may still need to figure out who will pay the bills or if you should continue to share them. To find out how to keep your spouse from your home, set up a consultation with a lawyer, like a family lawyer from Scroggins Law Group, today. 

Why Is There a Statute of Limitations on Motorcycle Accidents?

If you are thinking about filing a personal injury lawsuit for your recent motorcycle accident, you may have heard that there is a statute of limitations. Since you may not know the extent of your injuries, it’s normal to wonder why there is a deadline. Here is why the statute of limitations is important and why there is one.

Protection for the Case

To wait too long to file your claim can put a dent in your ability to win. After years, there may be less evidence. If you had witnesses that saw the accident, who could back up your claim that the other driver was at fault, you may not be able to use them after waiting too long. While you may have a clear memory of what happened that day, the witnesses may not. Memories fade and change over time. You may find that there are more discrepancies in their statements. The witnesses may not even agree on the circumstances of the accident.

The more time that you wait to file your claim, the harder your case is going to be to fight. You don’t want to go through the pain of gathering evidence years after the accident occurred. The sooner that you can access police reports, witness statements and file an insurance claim, the better. Also, insurance companies may have a statute of limitations themselves. It is better for you if you file early.

Protection for the Defendant

No one wants to be served with a civil lawsuit years after an event happened. While the main point of the statute of limitations is to make sure that the evidence is still valid and that it hasn’t deteriorated, the statute does serve as a protection against defendants. For instance, if you live in South Carolina, your statute of limitations is three years. You cannot file a lawsuit against someone five years after the accident. They may not have a fair shot in arguing the case, because they didn’t think you were going to sue. It’s fair for both sides to have the statute in place.

No matter the civil lawsuit, any claim has a statute of limitations. While there are exceptions if your injuries due to the accident manifest later, for the most part, you have a deadline on when you can file. To find out more about the statute of limitations, contact a motorcycle accident lawyer, like from John K. Zaid & Associates, as soon as possible. 

How Do I Know If I Should Request Alimony From My Ex?

Family Lawyer

Spouses who have decided to get divorced will probably need to have several emotional and tense discussions. One of these conversations is likely to be about whether alimony is needed. The intention of alimony is to eliminate unfair financial impacts that result from the divorce, particularly if one spouse made significantly more than the other or one didn’t earn any wage at all. Most divorcing couples will have to agree to some degree of alimony, even if it is only temporary while one gets on their feet financially. 

What are the considerations when applying for alimony?

Some questions you may want to ask yourself include things like whether you really need the support, if you are more concerned about being able to support your children, and if you are being fair in how much you want from your ex. Sometimes, former spouses can get resentful towards the other and want to find ways to seek revenge for the heartache. It is best to view alimony with a factual eye and realistically evaluate whether you need the support in order to have a reasonably similar lifestyle that you had during the marriage.

How do alimony amounts get calculated?

If possible, you and your former spouse can establish alimony terms amongst yourselves or through mediation. Then, you can submit it to the courts for final approval. However, if you aren’t able to reach an agreement regarding alimony then a family court judge will decide for you. While each state may have specific laws pertaining to alimony, in general, these are the factors the court considers when calculating alimony amounts: 

  • The age and health of each spouse (physical condition, diagnosis, disabilities, mental health struggles, etc.)
  • Whether one spouse needs further training or education to obtain employment
  • How long the couple was married (the less time you were married, the less money may need to be paid in alimony)
  • The ability of the paying spouse to financially support the one requesting alimony (the paying spouse must still be able to support themselves too)
  • The standard of living when they were married, since the courts don’t want to see one spouse suffer greatly financially while the other rebounds right away

What if my former spouse has refused to pay alimony?

If the court has established an alimony order, then your former spouse is required to abide by its terms. If he or she doesn’t, then you can notify the court of the failure to make payments, so they can contact the paying spouse and enforce repercussions if needed. If you have an amicable relationship with your ex, you may want to contact them and ask about the missed payments. If your former spouse has been paying on time and suddenly stops, it is possible that he or she had a sudden job change, has gotten injured, or has faced another setback. Otherwise, the court can use various measures such as suspending a license or garnishing money from your ex’s wages to get you your alimony payments. 

Contact a lawyer, like a divorce lawyer from Scroggins Law Group, for more information on getting alimony from your ex spouse. 

Does a Birth Injury Qualify for a Personal Injury Claim?

Having a baby can be one of the most beautiful events of your life, but if your child is born with an injury, it can become a devastating event in a matter of moments. Some injuries you may be prepared for, while others you may not be. Whether the injury was a birth defect, the fault of the doctor or the fault of the hospital, you may wonder if there’s a personal injury claim in there somewhere. The following gives a brief explanation.

Birth Defect or Birth Injury?

One of the biggest issues that will determine whether you have a case is if the injury is a birth defect or an actual birth injury. Birth defects are typically caused by genetics, and can also be caused by random events during development and pregnancy. The actions of the mother could also result in birth defects. For example, a mother who drank alcohol while pregnant could have a baby with serious defects.

Birth injuries, on the other hand, are typically caused by the negligence of another person or entity. They generally happen at the time of labor and delivery. A birth injury could be the result of improper use of medical tools, an improper technique for delivery, an inattentive doctor or nurse, and a wide range of other situations.

If your baby’s injury is a birth defect, you typically don’t have a personal injury claim. If the injury is a true birth injury and someone is directly responsible for it, you could have a case.

How Do You Prove Negligence?

In order for you to have a case, you’ll need to prove negligence on the part of the individual who caused the injury. While doctors, nurses and other hospital staff are just as human as you are, you trusted those individuals to care for your most precious possession: your child. To prove negligence, there are a few facts you’ll need to secure, including:

  • A doctor-patient relationship existed, which means the doctor owed you and your baby a certain duty of care.
  • The doctor failed to provide a level of care that any other doctor in that same situation would have provided.
  • Your baby was injured because of the doctor’s failure to provide proper care.
  • The injuries have caused harm to you, your baby, your financial situation, your emotional state, etc.

Getting Questions Answered

As you face life with a child who has been injured, you don’t have to deal with everything on your own. To get your legal questions answered, contact a personal injury lawyer in DC, like from The Law Firm of Frederick J. Brynn, today.

Should Amazon Be Liable for Defective Products?

Amazon remains the world’s favorite “get anything from us” service. Amazon is a place where you can get anything from the glamorous and luxurious to the useless and mundane. Since you can truly get anything from Amazon, this also means that thrown into their enormous inventory are fake products. These are subpar reproductions of the item the buyer actually wants, like luxury shoes or purses.

Some are merely phony, while others are more dangerous because they are made with materials and substances that are harmful to people. More serious cases come from electronics where items are made in this way and when used, can combust into flames, often leaving the injured scarred for life. The injured’s first reaction is to sue Amazon; after all that’s where they bought the item. Most courts have maintained that Amazon is not a “seller,” though. 

The Manufacturer Is Liable
Since Amazon didn’t manufacture the product and are only “hosting” the sale of a third party’s product on their platform, they are not liable for any defects of said product. Many defective products have come from China, where it’s pretty much impossible to successfully sue a manufacturer for a defective product. This means both the manufacturer and Amazon have been able to get off scot-free, and it’s always been that way — until now.

New Rulings on Liability
The California Court of Appeal has made a decision regarding third-party products sold through Amazon. It was ruled that “Amazon plays a pivotal role in delivering the products to the consumer, whether it acts as a retailer, distributor, or facilitator.” As stated in the ruling:

[“As a factual and legal matter, Amazon placed itself between Lenoge and Bolger in the chain of distribution of the product at issue here. Amazon accepted possession of the product from Lenoge, stored it in an Amazon warehouse, attracted Bolger to the Amazon website, provided her with a product listing for Lenoge’s product, received her payment for the product, and shipped the product in Amazon packaging to her. Amazon set the terms of its relationship with Lenoge, controlled the conditions of Lenoge’s offer for sale on Amazon, limited Lenoge’s access to Amazon’s customer information, forced Lenoge to communicate with customers through Amazon, and demanded indemnification as well as substantial fees on each purchase.”]

Ultimately, under the established principles of strict liability, Amazon is still liable for product defects even if there is no malicious intent involved in the accidents.

The plaintiff in the ruling of this case was a woman who bought a replacement battery for her laptop from Lenoge Technology HK Ltd, a Hong Kong manufacturer operating under the name “E-Life.” The battery exploded into flames on her lap resulting in severe burns. 

Contact an Attorney
If you or someone you know has been injured by a defective product, contact an attorney, like a personal injury attorney in Las Vegas, NV from Eric Roy Law Firm, to schedule a consultation to see if you have a case today.

Double Trouble: Two Firms That Can’t Share the Same Name

It was said a rose by any other name would still smell as sweet, but it’s also a fact that two different flowers that just so happen to have the same name will smell very differently. While they might be allowed to hold the same name for a certain time, eventually someone will attempt to rename one of them and some people might even be frustrated that they were allowed to hold the same name for so long in the first place.

This kind of scenario played out recently in Colorado where Gilbert Law recently lost an appeal case against Gilbert Law. In the case, casually referred to as “The tale of two Gilberts;” Christopher Gilbert claims to have owned the gilbert-law.com domain name since 2003 having practiced under the Gilbert Law Firm name in Texas. After moving to Colorado, he registered his previous branding with the state when he eventually opened his own office.

The problem was that there was already another Gilbert Law Firm owned by a James Gilbert who was not too happy about the duplicate name. Given that there were two Gilbert Law Firms, confusion between the attorneys and clients both current and potential ensued.

“I’ve worked hard to build up a reputation locally and nationally, said James. When someone starts to create confusion with people who want to use your services, you can’t allow that to happen. We’ve had at least three separate instances where consumers were confused about those similarities.”

A settlement agreement was made where both firms would avoid using the stand alone Gilbert Law  name while Christopher’s firm would put up a disclaimer discounting any affiliation with James’ firm also  putting up a link to his site to differentiate them.

James however sued Christopher again when he felt aspects of that agreement were violated given that Christopher continued to use the gilbert-law.com domain. Appealing the decision, the court ruled in the favor of James. Currently being of The Gilbert Law Group, it was originally known as James L. Gilbert and Associated when founded in 1981; then in 2011, it took on its current name.

Appeals Court Judge Steven Bernard didn’t feel that the hyphen distinguished the domain name significantly enough from Gilbert Law as it was just one punctuation away from being just that.

It was stated that, “The defendant shall have 30 days from the date of this order to change his domain name to sufficiently avoid non-compliance and to ultimately move his email and other content to the new domain.”

Other than that, James’ law group was awarded damages of $1.

If you feel that a legal agreement you’re involved with has not been honored, it may be beneficial to speak with a personal injury attorney, like from Eric Roy Law Firm, about your legal options and next steps. 

Yellow Cab Accident Damages: 4 Questions for Your Attorney

Being involved in a car accident can raise many questions, especially if you are facing injuries or property damage. While this situation is usually stressful, you may find yourself with more questions than usual if you were injured in a wreck with a Yellow Cab. Unlike accidents with other private motorists, your avenues for collecting damages may be unique. Asking your attorney a few questions about the wreck may offer you peace of mind as you move forward with your lawsuit.

  1. What If I Was a Taxi Passenger? 

If you were injured while riding in a taxi, your means of collecting damage may not be that much different than if you were riding in a private vehicle. As a passenger, you have a reduced burden of proof and can file suit against the insurance company of both drivers. As the drivers, they must sort out the question of liability.

  1. What Responsibilities Does the Taxi Company Have? 

When you are injured by a taxicab, the taxi company has several responsibilities they must fulfill both before and after the incident. For example, all drivers must carry insurance and are subject to background checks before being hired. After the accident, if the wreck was the fault of the taxi driver, the cab company is liable for any injuries you may have incurred. However, if another motorist caused the accident, you will have to hold that driver liable. If an at-fault taxi driver causes a wreck and is not qualified to operate such a vehicle, you may be able to collect additional or punitive damages.

  1. What If the Insurance Company Denies My Claim? 

If your taxi driver is found to be 100% liable for the accident, then you may have little trouble collecting damages. However, if the other driver was even slightly at fault, Yellow Cab’s insurance company may deny your claim or offer you a reduced award. Should this occur, your attorney can advise you about how to proceed with filing a lawsuit for the entire amount and how to challenge liability claims.

  1. What If the Insurance Exceeds My Damages? 

If the taxi accident includes more than one victim, the total damages may exceed the cab company’s commercial insurance coverage. In this case, you might have to sue the driver of the cab as an individual. However, this can be challenging and may not net you as much as you require to pay your medical bills.

Getting injured in a Yellow Cab accident can turn your world upside down, but you do not have to face the future alone. Contact a car accident lawyer, like from John K. Zaid & Associates, today for further advice and information.