How to Choose a Personal Injury Lawyer

Choosing a personal injury lawyer is often a critical decision that comes at a difficult time. After one has been injured in an accident, the natural reaction is to focus on healing and not put much thought into other choices. Unfortunately, one’s attorney selection can often make the difference between recovering financially and allowing the physical injury to be only a fraction of the impact on one’s life. The critical factors to consider are an attorney’s experience, integrity, and ability to relate and communicate with his or her clients. While the last factor may seem less important, it can be critical.

The Real Meaning of Experience

While it is easy to assume that a lawyer’s experience is simply measured by the number of years that he or she has been in practice, there is more to it. When dealing with personal injuries, it is important to determine how many years an attorney has been exposed to the specific injury that you have suffered. This means not only what part of your body has been affected, but the context in which you were injured. For example, a brain injury will have very specific medical evidence that a lawyer should be familiar with. Likewise, if you were injured in an industrial accident, this will have different specifics from an injury involving a commercial trucking company. In each instance, it important to find a lawyer that has experience that as closely as possible mirror your circumstances because then he or she will be familiar with the potential pitfalls and advantages. While this is not always possible, it is a prudent target.

Integrity and Personality

After being injured, it natural to be angry, and, in some cases, to think about revenge rather than fairness. One of a good lawyer’s traits will to be keep the client focused on justice. Those that even discuss retribution are more likely to be willing to bend the rules. This may seem appealing, but if unsuccessful, such a lawyer’s conduct may bar the client from recovering at all. It is important to seek a fair outcome that maximizes the benefit to the client, rather than going for revenge.

In addition to integrity, it is important that a client feel comfortable communicating with his or her lawyer. This will help ensure that details do not get missed, and that if the client must testify, the story evokes the true sense of the case most thoroughly. While this may seem either unimportant or obvious, it is often overlooked, and can be of critical importance.

For more information regarding personal injury claims contact – Connecticut Personal Injury Lawyer

Disclaimer: Nothing in the above should be construed as legal advice or should be relied on in lieu of seeking the advice of a licensed attorney. The author and publisher of the above information assumes no liability for anything contained in the above article.

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APR22011

What is Accutane?

Originally created to treat certain types of cancer, Accutane is now more commonly used to treat severe acne or moderate acne that doesn’t respond to other treatments. The medicine has recently come under fire for its dangerous side effects, but it continues to be used my some teens and adults to get rid of acne, a problem that plagues millions of people. Prescriptions are only given out in specific cases for this drug because of the reported side effects, as well as due to the fact that there are other treatments that can be considered to aid in combating acne.

Benefits

Accutane works by restricting the production of facial oils via glands in the skin. The acne will in all likelihood return once a person stops taking the medicine. At first, a person is likely to have an acne flare-up before it starts to go away completely. The pill comes in various doses and must be taken daily to work properly.

Prescribing

Due to its side effects, Accutane is only prescribed for a person after other acne treatments have failed to produce results. A short but thorough process is included before a person can even get the prescription.

Side Effects

There is a relatively lengthy list of Accutane side effects. Common ones include an increase in acne at the beginning of taking the medication, headaches, joint pain, hair loss, eye pain, and more. Some rarer side effects include fatigue, a reduction in night vision, depression, psychosis, and hepatitis, amongst others.

Therefore, this medication can be considered as being extremely dangerous and isn’t just handed out to every person that wants it. There have been rare cases of Accutane use having resulted in suicide or death. Additionally Accutane cannot be taken by pregnant women because it will cause birth defects during the pregnancy. Women who are sexually active must be on birth control before they can be given Accutane. Permanent side effects can include hair loss and decreased night vision.

Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, and has not reviewed or edited this article and is not responsible for its content or accuracy.

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DEC172010

Explaining the Thin Skull Rule in Personal Injury Accident Cases

Personal injury accident cases can be somewhat complex depending on the particular circumstances of the case. In some instances, a victim, or plaintiff, may have a pre-existing medical condition that can compound the injuries they’ve sustained as a result of an injury accident. The thin skull rule exists for the benefit of such injured plaintiffs. Corpus Christi injury attorney Michael Grossman helps to explain this rule in the following informational article.

The thin skull rule is a unique legal term that is brought into play when a victim with a pre-existing medical condition has been injured by the negligence of another party. In such instances, the defendant will still be held responsible for the victim’s injuries, even if those injuries are more extensive because of the victim’s prior medical condition. The rule is applied regardless of whether or not the defendant knew about the plaintiff’s prior medical condition. The rule requires, essentially, that a defendant takes a plaintiff “as they find them,” which ensures that a defendant cannot rely upon the plaintiff’s susceptibility to injury as a way to refuse their own liability for the injury.

Many victims in personal injury accident cases that have prior existing medical conditions are often unaware of the existence of the thin skull rule. This can sometimes mean that these particular plaintiffs are reticent to pursue legal action since they mistakenly believe that they’re likely not able to recover compensation due to their pre-existing conditions. Simply because a pre-existing medical condition causes a plaintiff’s injuries to be more severe does not mean that the person is less likely to receive compensation as a result. An experienced attorney, like a Midland injury lawyer, understands the thin skull rule and can use such a rule to help a victim seek proper compensation for their injury. If you or someone you know happens to be in such a situation, they are encouraged to contact a legal professional, like Fort Worth personal injury lawyer Michael Grossman,  in order to learn more about the thin skull rule and how it might apply to that particular personal injury accident case.

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JUL132010

Truck Accident Statistics in the U.S.

Auto accidents are the leading cause of disability assistance in the U.S. While truck accidents make up only a portion of that, nevertheless it is important for you to be aware of some vital statistics regarding truck accidents if you want to be prepared and make the most of whatever comes your way.

There are over 400,000 commercial truck accidents in the U.S. every year.

Over 130,000 people are injured every year in big rig accidents.

Over 600 commercial truck drivers are killed each year in accidents.

These statistics are alarming, but they can be prevented if you know what you’re doing. Certain statistics shed light on a number of trends and facts that you need to keep in mind:

It takes a tractor trailer truck moving over 60 m/h the length of a football field to come to a stop.

Driver fatigue is the primary cause of truck accidents every year.

Large trucks weigh up to 30 times more than the average car.

Trucking companies regularly violate Federal Motor Carrier Safety Regulations, meaning that if you get into an accident you could be liable for a lot of money.

Your health is of the utmost importance. Getting into a collision with a large truck can result in a number of debilitating health conditions, including:

Traumatic brain injuries (TBI)

Spinal cord injury

Temporary or permanent paralysis

Death

Many of these conditions don’t make themselves manifest until up to a year after the accident. If you are a victim of such an accident, you could end up paying bills for decades to come. People have won up to $2 million in damages from particularly bad truck accidents, and even minor ones have netted tens of thousands of dollars. Trucks are huge, and even minor accidents can have major repercussions.

The good news is that with a seasoned lawyer, you can definitely get ahead in the legal battles. Trucking companies are notorious for being lax about safety regulations; however, this means that they are quite used to legal challenges. They have a staff of lawyers on call 24/7 to try and keep victims of accidents from getting compensation. If you don’t have legal representation, there is a good chance that you will be fleeced out of your money and stuck footing the medical bills without assistance for a long time. Protect yourself today by finding a Georgia truck accident attorney!

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JUN252010

Charitable Trusts

Anyone interested in assisting a favorite organization by making a significant financial donation, while potentially reducing their personal tax liabilities may wish to consider establishing a charitable trust. Simply stated, a charitable trust is an irrevocable legal construct in which property is managed by one person or entity for the benefit of a charitable organization or purpose. This type of trust can be created during a person’s lifetime, or they can be testamentary in nature, meaning that they commence existence upon the donor’s death. Two main types of charitable trusts worth considering are the charitable lead trust and the charitable remainder trust.

A charitable lead trust is a legal structure through which payments or donations of either a fixed dollar amount or of a portion of the trust’s principal amount are made to the selected charity. Once the trust’s term is completed, the funds remaining in the trust can revert to the donor or to any heirs or beneficiaries chosen by the donor. It is sometimes possible for the donor of a charitable lead trust to realize a current income tax deduction or a gift tax deduction for establishing this type of gift, but that will be determined by the type of structure ultimately selected. While a non-grantor trust will not result in a present income tax deduction, it will remove the asset or a portion of its value from the donor’s taxable estate.

Charitable remainder trusts are, in essence, a charitable lead trust in reverse. Remainder trusts provide a stream of trust income to designated beneficiaries of the donor, and a public charity or private foundation receives the remainder amount at the termination of the trust term. The trust term may be defined by lives in being or a term of years. This type of trust is typically tax-exempt. In most cases, donors can claim an income tax deduction and can possible avoid immediate capital gains tax liability at the time the trust disposes any appreciated trust asset.

Please note that the above material is for informational purposes only and is not intended to constitute legal advice.

Before making donations or charitable trusts, contact the Florida Probate Lawyer to set up a legal consultation.

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JUN252010

Difficulties That Extend the Probate Process

The probate process occurs when property is to be passed, due to a death, to the legal heirs. This can be an emotional time for all involved, and sometimes things are overlooked that lengthen the process and make more difficulties than necessary for the survivors. There are things you can do to prevent this situation, whether you are making a will or are one of the beneficiaries of a will.

First, if you are making your will, you should seek the advice of a competent attorney to help you decide the best way to dispose of your assets and avoid unnecessary taxes or problems with division of property. “Do-it-yoursef” will kits rarely give you the flexibility to plan your estate effectively, even if you do not own much property. Further, as they are constructed for mass marketing, they do not take into account various state laws regarding inheritance. Many difficulties have arisen from probate judges refusing to probate “homemade” wills or being unable to interpret them.

Another thing that can delay the process is multiple wills. If you do decide to change your will, make sure that an attorney handles the change for you. Wills can be added to by something called a codicil; they are also nullified by marriage or birth. If you experience a life-changing event, you must consult with your attorney as to how to handle your will changes. A new will should always be drawn up by a lawyer and properly witnessed so there is no doubt of its precedence; further, all copies of old wills should be destroyed.

Finally, if you are a beneficiary of a will, you should submit in a timely manner to any and all requests of the probate court. Most wills name one or two beneficiaries as executors. If you are an executor, meet with the attorney who drew up the will and comply with all requests immediately, in order to ensure that there are no unnecessary delays.

This article is not intended as legal advice.

Legal Reference: The Law Office of Andrew M. Lamkin, P.C. in Long Island, New York

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MAY312010

Right of Way and Truck Accidents

A vehicle will sometimes come into conflict with a pedestrian or another vehicle because their intended courses of travel will be in conflict with each other. This is where the rules of “right of way” come into play. The general principle of right of way is defined as the one who has the legal right to proceed first or who should be given priority. This will establish who may use the conflicting part of the road and who has to wait until the other one has done so.

Devices for determining who has the right of way will include signals, signs, markings and various other features or devices designed to illustrate explicit priority. A good example of this is the nearly universal use of stop signs. If there are no signs or indications present that will determine the right of way, there are default traffic rules that must be observed. These rules will vary from location to location. There are efforts geared towards uniformity at an international level, which can be seen in the Vienna Convention on Road Signs and Signals. This convention prescribes standardization in traffic devices (signals, signs and markings) that are used to establish the right of way.

Pedestrian crosswalks are found in all populated areas and these are used to indicate that a pedestrian has the right of way over passing vehicular traffic. Traffic signals are found in most developed areas in order to designate right of way on the more congested roadways. The purpose of these is to expedite the flow of traffic in a safe and orderly manner by allotting timed intervals for vehicles to proceed from each direction. The intervals are programmed with certain factors in mind such as traffic volume, the location of other traffic signals and pedestrian crossings. Vehicles that are emerging from a private access must yield to motorists travelling on a public road with the exception of drawbridges, rail crossings and emergency vehicles.

Intersections that have no signals and particular roads at busy intersections may have temporary dominance whereby a break in traffic must be achieved which, in turn, gives temporary dominance to the other road.

Please note that this article is for informational purposes only and is not intended as legal advice.

You can find further detailed information regarding truck accidents in Boca Raton by visiting the Weinstein Law Offices.

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MAY312010

Proving Medical Malpractice

Any form of professional negligence that is carried out by a medical practitioner is regarded as medical malpractice. It involves the deviation from accepted medical standards in any given situation that results in the injury of a patient or even death. These standards vary but there is a general code of conduct that medical professionals are expected to adhere to in all their endeavors. They are responsible for the patient’s welfare and are liable for any damages or medical malpractice lawsuits that may be filed against them.

Knowing Doctor’s Responsibility

The responsibilities of doctors range from diagnoses and prescribing medication to performing surgical procedures. It is important for victims of medical negligence to locate lawyers who can help them build a case based on the circumstances surrounding the situation. A lawyer can make a successful claim on behalf of his or her patient by proving beyond reasonable doubt that negligence took place on the part of the defendant or medical practitioner.

The broad scope of medical malpractice is that it constitutes the disregard for an individual’s wellbeing. A medical malpractice lawyer guides the victim of negligence in terms of what legal options are available and how the individual can go about gaining compensation for any losses incurred. While in some situations a lawsuit cannot do much to restore much of what someone has lost, it serves as a pertinent reminder of how important it is for doctors to exercise caution in their care for patients.

Seeking Help for Medical Negligence

The best way to tackle the situation is by hiring a competent lawyer who will commit himself to making the doctor literally pay for whatever physical damage he has caused. In extreme cases where the death of a patient has been caused, the case can still be pursued by members of the deceased’s family. It may seem like a long and winding process for them but the reality is that seeking justice can be very fulfilling and it also goes a long way in helping people overcome the suffering that they have been subjected to through the medical negligence.

This article is for information purposes only and not a legal advice. Please inquire from the Tallahassee medical malpractice Attorneys Searcy, Denney, Scarola, Barnhart, & Shipley to understand more.

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MAY312010

Boating Accident Statistics

Boating accidents are caused for several reasons. Those reasons may consist of operator negligence, speeding, inexperience or no lookout. Some boating accidents are a result of a defect in the boat. If this occurs, the operator may have a lawsuit against the boating manufacturer.

In 2008, there were nearly 3700 boating related casualties. These fatalities occurred in five different types of boats. The boats consist of open motorboat, personal watercraft, cabin motorboat, canoe/kayak, and rowboat. While the number of boating accidents rose from 4,967 in 2006 to 5,191 in 2007. That number appeared to decline in 2008. In 2008, over 510 deaths were related to drowning and all but 49 were not wearing a life jacket.

Most of the boating fatalities in 2008, were related to operator negligence or recklessness. However, there were other causes of boating fatalities. The top ten reasons for boating fatalities are listed below:

Alcohol Use

Passenger or Skier Behavior

Weather

Operator Inexperience

Careless or Reckless Operation

Excessive Speed

Operator Inattention

Machinery Failure

Force of Wave or Wake

As it is important not to drink and drive a motor vehicle, it is also important not to drive a boat while under the influence of alcohol. It impairs the operator’s judgment and may result in fatalities. There were 124 boating deaths related to alcohol use. Almost half of the 276 boating accidents related to alcohol resulted in death.

The single most cause of injuries or boating accidents were a result of reckless operation of the boat. Of the 492 accidents associated with careless or reckless operation, 392 resulted in injuries. Open motor boats, by far, accounted for the majority of casualties related to boating. Over 700 individuals lost their lives in an open motor boat in 2008. Canoers and kayakers also suffered a large number of fatalities totaling nearly 230.

Exercising safety precautions while on a boat is of utmost importance. Some fatalities occur due to weather, malfunction, and waves. These types of accidents may be unavoidable in some instances. However, the leading cause of death was due to falling overboard, and the second cause of death was collisions. Each of these types of deaths are avoidable with the proper operation and safety jackets.

For more information on boating accident, visit Fort Lauderdale lawyer Kelley Uustal.

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MAY312010

Choosing the Right Bankruptcy Attorney

Bankruptcy is a crisis that many Americans are facing. People who work hard and pay their bills may find themselves buried under medical expenses, experience financial loss and unexpectedly suffer other financial crises that force them into bankruptcy court proceedings.

People who are faced with bankruptcy obviously need the services of a good bankruptcy attorney. The problem most people have is in determining how to choose the right attorney for their situation.
Here are factors that should affect your choice of an attorney:

Experience
The attorney’s professional experience is very important. There is no substitution for experience in bankruptcy negotiations with creditors, preparing courtroom arguments and presenting cases before a judge and jury.

Specialization
Specialization is another important consideration for your choice of an attorney. Pick an attorney who specializes in bankruptcy. It’s impossible for a general practice attorney to be competent in all aspects of bankruptcy law. An attorney who specializes in bankruptcy is informed, trained and capable of representing you well.

Service
Client service is what connects you to your attorney. When he or she is willing to explain the process, investigate your options and keep you thoroughly informed every step of the way you are able to make the best possible decisions.

Reputation
You should consider hiring an attorney who has a good reputation in the community, the court system and among his or her peers. Not all bankruptcy attorneys are created equal. Choose an attorney who is widely respected in the practice of bankruptcy law.

Innovation
Innovation is an important factor in your decision. An innovative attorney is on the cutting edge of the law and is often the one winning cases by using the most current case law and legal theories.
Success is the final determination of who you should hire. Look for an attorney that successfully represents clients, establishes the greatest legal protection in bankruptcy proceedings and brings about the best possible resolution of bankruptcy cases.

Your financial stability and future depend on choosing the right bankruptcy attorney. Take all of these factors into consideration as you make the right and informed choice of a bankruptcy attorney. Clients needing assistance in the Sarasota area should contact Jodat Law Group.