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Top 5 Benefits of Hiring a Personal Injury Lawyer

Here’s a great article from Nima Haddadi, a Los Angeles dui and personal injury lawyer. Before conversing with the opposing party or their insurance company, it is important to meet with a qualified personal injury legal counselor to talk about your case. An expert legal advisor can help you understand the road that lies ahead of you. Here are 10 reasons you should consult with a Personal Injury Lawyer:

1. A personal injury lawyer can determine certain realities about your case.
Consulting with a personal injury lawyer gives you a deeper understanding of the case from the perspective of the law. A trusty worthy personal injury lawyer can inform you on if you actually have a case, and the chances of receiving any reparations behind the case.

2. You need a professional!
Unless if you understand laws regarding personal injury claims backwards and forwards, it is highly notrecommended that you embark on a personal injury case alone. There are several legal terms, laws, and paperwork that will need to be understood to be successful in the case. Unfortunately, the average person simply doesn’t know how to navigate these things. It is important to leave these things up to professionals you trust.

3. You need the right professional!
Consider this: a teacher is someone who is well educated in various topics. You can probably count on any random English teacher to be well versed in the basic concepts of Mathematics, such as addition, subtraction, fractions, multiplying, dividing, etc. However, if you were interested in learning about Advanced Calculus, an English Teacher may not be able to pull from basic concepts to help you (unless this specific English Teacher was an English Major who happened to really like Mathematics in College!). You would most likely take Advanced Calculus questions to your Math Teacher.
The same principal applies to hiring an attorney. There are several attorneys out there who do fantastic jobs on cases, however, you should consider one who specializes in Personal Injury. Just like Math is an intense subject in school apart from the other subjects, Personal Injury possesses its own field in the legal world. An attorney who specializes in Personal Injury can ensure that the service provided will be specific to your needs.

4. You will get your money’s worth.
The cost of hiring a personal injury attorney can seem daunting, however, it will pay off in the end! The costs associated with filing a claim (obtaining paperwork and medical files and certain court services) will be advanced by the attorney, so you won’t have to worry about budget when it comes to receiving any services. In addition, most personal injury attorneys work on a contingency basis,meaning that clients are only obligated to pay for attorney services if the case wins in court.

5. Working with a Personal Injury Legal Advisor will take the pressure off of you.
One of the many benefits with working with a personal injury attorney is not only their experience in the courtroom, but also their experience dealing with other professionals in the matter. In a personal injury case, there are more individuals involved than the victim and the opposing counsel. There are records to be obtained, negotiations to be made, and courtroom procedures to be addressed. A personal injury lawyer understands the protocol necessary in order to handle these events on your behalf.

Security is always a noteworthy concern for us in the situations we deal with on a daily basis. Whether if it’s a work injury or a bad wreck on the the busiest highway, if you’ve been you’re harmed in any way or fashion due to no fault of your own, you might be qualified to get compensation for your wounds.

Child Endangerment in New York

This article is by Jesse Sriraman, a NYC divorce lawyer, about child endangerment – and how it can be important in the context of divorce and matrimony. New York State prohibits two types of child endangerment, misconduct potentially harmful to children. The first prohibits any intentional act likely to cause injury to the physical or mental welfare of a child or to the moral welfare of a child aged 16 years or younger. This prohibition expressly includes authorizing or directing children to work in jobs that involve “substantial risk of danger to his life or health.” [1]

 

The second prohibition applies to parents or guardians only. The law obliges them to protect their children and provide them with food, shelter, and proper medical care. Neglect or failure to provide basic needs is cause for a criminal prosecution of parents or guardians who refuse to exercise “reasonable diligence” [2] under these obligations. In either situation, “Endangering the welfare of a child is a class A misdemeanor.” [3]

 

New York’s child endangerment statute does not require that the prosecutor prove that any injury actually occurred. Instead, the statute is focused on the “potential” for injury to the child either physically, mentally, or morally.

 

Children as Witnesses to Domestic Violence

 

In many cases of domestic violence which minor children witness, law enforcement may charge the violent individual with endangering child welfare. It is not necessary for the child to suffer any actual physical harm or abuse. The psychic stress may be sufficient evidence of endangerment to sustain the charge.

 

Corroboration Requirement

 

In New York, nobody may be convicted of actual or attempted child welfare endangerment solely on the testimony of a child “incapable of consent because of mental incapacity.” [4] The statute demands additional relevant evidence to sustain the charge.

 

Statutory Defense

 

In a child endangerment prosecution alleging failure or refusal to provide medical care or treatment to a sick child, the law provides an affirmative defense if the accused “is a parent, guardian or other person legally charged with the care or custody of such child and is a member or adherent of an organized church or religious group the tenets of which prescribe prayer as the principal treatment for illness, and treated or caused such ill child to be treated in accordance with such tenets.” [5] The defense seems to be for Christian Science defendants.

 

Consult a Criminal Defense Attorney

 

Defenses are available when the accused may act inappropriately but not criminally. If charged with endangering the welfare of a child, find legal help as soon as possible. A skilled, experienced attorney gives the defendant best chance at the best possible result. In any criminal prosecution, there is no substitute for the advice and advocacy of a legal professional.

 

The criminal law process can be intimidating and confusing and charges of child welfare endangerment can be malicious and even conspiratorial and difficult to defend. Raiser & Kenniff, PC, can guide every unfortunate defendant every step of the way in pursuit of the best result. To arrange a free consultation, call 347-205-8170 or toll free at 888-504-2746 today.

 

[1] “A person is guilty of endangering the welfare of a child when he or she knowingly acts in a manner likely to be injurious to the physical, mental, or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health,” New York Penal Law Section (§) 260.10.1.

 

[2] “A person is guilty of endangering the welfare of a child when, “Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he or she fails or refuses to exercise reasonable diligence in the control of such child to prevent him or her from becoming an ‘abused child,’ a ‘neglected child,’ a ‘juvenile delinquent’ or a ‘person in need of supervision,'” New York Penal Law § 260.10.2.

 

[3] New York Penal Law § 260.10.3. “Misdemeanor means an offense, other than a “traffic infraction, for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed,” New York Penal Law § 10.00.

 

[4] “A person shall not be convicted of endangering the welfare of a child, or of an attempt to commit the same, upon the testimony of a victim who is incapable of consent because of mental defect or mental incapacity as to conduct that constitutes an offense or an attempt to commit an offense,” New York Penal Law § 260.11.

 

[5] New York Penal Law § 260.15.

Who will pay for the wages I lost when I was too hurt to go to work

This article was written by Edmond El Dabe, a premier personal injury lawyer in Los Angeles. When you get hurt in an accident, your life changes. Even if you were a dedicated employee, you might find yourself unable to work. It’s hard to admit to yourself that you might need to take time off, especially when every dollar counts. It’s important to understand who will be responsible for your lost wages while you await the outcome of your case, and important to understand the steps you need to take to protect yourself. The situation is more complicated than you might hope, and things won’t always be easy even if you have prepared yourself for the possibility of losing your job.

Short-Term

The bad news – the news you don’t want to hear – is that you’re going to be dealing with your lost wages while you wait for your case to be settled or go through the court system. As medical bills pile up and you deal with lost paychecks, you might have to burn through your savings or make difficult financial decisions. There are often loans and programs available to help you through this process, but this doesn’t necessarily make things easier. Indeed, the stress of dealing with finances while a case goes forward is one of the biggest reasons that so many people settle even when they shouldn’t.

As a note, you must remember that you’re required to take the steps necessary to cut your losses as much as possible. This means keeping up with your medical care so that your injury doesn’t get worse – if you fail to seek treatment and cause further injuries to yourself, these costs won’t be factored into your judgment. You will definitely find yourself spending money while you wait for your case to be finalized, so be prepared to save as much as you can and seek out help as early as possible.

Long-Term

When your case moves forward, one of the primary types of damages you’re likely to look for is lost wages. Because lost wages are relatively easy to calculate, they’re more often awarded than more nebulous claims like pain and suffering. There’s only a very small chance that a judgment will result in a lump sum payment, so be prepared to receive payments over time if you find yourself in court. If you settle, you’ll be more likely to see a single, big check. This might help you more than the payments, but this will often mean you’ll get less.

With this in mind, it’s a good idea to look into programs that will purchase your payments after a judgment. Again, this is a method that’s going to leave you with less money at the end of the day but that will help you pay your bills faster. If you have a hefty enough emergency fund, though, it’s a better idea to rely on the payments as set up by the court. You’re going to be responsible for paying all of your bills, so make sure you receive your money in the manner that’s going to cause you the least problems going forward.

You are responsible for your wages until you reach an agreement, either by settlement or through the court, that someone else needs to pick up the bill. This means you can’t count on help and that you’re going to face hard times. Always talk to your lawyer to figure out the best way to deal with your issues as you move forward. He or she has dealt with plenty of individuals who have been put in rough places due to injuries, and he or she can help you find the best solutions to your problems.

Can you sue a eVape company?

The e-cigarette, and vaporizer industry, has caught storm. In the past few years, the amount of interest in the industry has burgeoned and significantly increased. Unfortunately, the industry is highly unregulated – which means the lack of regulations makes it impossible to actually govern the industry to a large extent. As a result of the lack of regulations, many companies are doing things – that would otherwise get them sued.

Recently, someone asked me a question – about whether an electronic cigarette company can actually be sued or not. In 2015, a group of vapers filed a class action lawsuit for false advertising against a US company which makes liquids for e-cigs.

Five pawns, a high-end e-liquid producer, – is claimed to have violated rules, when it comes to falsely advertising about flavoring chemicals in the liquid. The chemicals they are alleged to have used, are common chemicals – but it’s alleged that five pawns lied to consumers about using the chemicals.

Five pawns, is marketed as a luxury brand – so it’s not a pushover. It claims it makes hand-made liquids. The company has now landed in hot water, as of 2015, due to tests which showed it contained acetyl propionyl, which is nearly identical to a chemical called diacetyl – which is linked to lung disease.

Consumers allege that five pawns claimed to have eliminated all diacetyl from it’s product – but many liquids still contained it.

Since the vaping market is unregulated in the USA, there are no laws about having to disclose ingredients, or warn about potential harm from e-liquids.  What’s interesting is that in this case — five pawns is not being sued for necessarily using harmful ingredients — it’s being sued for falsely advertising.

It looks like using FTC rules, is one mechanism through which you can sue an e-cig company, as is the case with this lawsuit filed in 2015. With colorful names like ANML, Trollie Tuesday, or even Apple Snap, (which you can see on this eliquid website) – it’s easy to see why lawyers and consumers are being careful – and suing when necessary – in order to prevent harm from deceptive advertising practices!

I-601 Waiver Application

Immigration attorneys charge for their time and expertise when completing immigration paperwork for their clients. This article explores what the I-601 waiver form is, how it works and what must be included with the application. Your Los Angeles immigration attorney will advocate on your behalf, but you must understand what is required of you as you file the paperwork. Read further to ensure you understand the purpose this paperwork that is required by the federal government.

#1: What Is The I-601 Waiver Application?

I must fill out an I-601 when you are inadmissible to the country, filing for a visa, filing for an extension or filing for a change in your status. This is the standard form that must be submitted with all citizenship evidence, and your attorney understands how to fill out the paperwork properly. The federal government is not interested in you filling out the form to the best of your ability. A hearing or ruling on your status could take many more months than normal if your attorney does not fill out the form for you.

#2: Contact Your Attorney Immediately

You must contact your attorney any time you are require to fill out a new version of the I-601. You may fill out this form several times while you are living in America, and you cannot leave out the form at any time. You will be far behind the curve if you are not using the form, and all your applications will be returned without the I-601.

#3: What Does The I-601 Do?

The I-601 tells the government what your status should change to. The federal government will not check on your status through the files they already have. You are telling the government what the change to your status should be, and you must list your status change properly. You need an attorney who understands the system to fill out your paperwork, and you need your attorney to submit the paperwork on your behalf.

#4: Why You Need An Attorney

You need an attorney to fill out your form on your behalf. You cannot be sure exactly what the form must say, and you should not allow your inexperience to jeopardize your immigration status. The government will use anything it can against you, and you may be forced out of the country if your forms are not filled out properly. The attorney knows exactly what to say, and the forms will be submitted in a timely manner after their completion. Your attorney will complete each form properly, and your attorney understands the nature of each filing. There is a slow progression that goes from emergency immigrant status to full citizenship, and your forms must reflect that progression.

#5: What Supporting Evidence Does Your Attorney Provide?

Your attorney is capable of providing supporting evidence with your forms. Each form must show why you are requesting a status change, the documents that help with your status change and any other forms that must be submitted. The I-601 is just one of many forms, and your attorney will include the other forms that must be used. You may not be aware of all the forms that must be used, but your attorney will complete the portfolio of paperwork on your behalf.

#6: What Does Your Immigration Law Firm Charge For?

Your attorney must charge for their time while working on your case. Charges are included for completing your paperwork, filing the paperwork, defending the paperwork and phone conversations. Your attorney is swamped by paperwork that must be completed for all their clients, and every client must pay for the attorney’s time.

Your lawyer may be required to meet with a judge to complete your paperwork, and your lawyer must charge for time spent outside the office. You are not paying for the completion of one form, but you are paying for the expertise of your attorney. Your attorney will help you avoid problems inherent in immigration filings, and each step in the immigration process requires representation. You pay a single fee to have your paperwork filled out, and you pay extra fees for more services.

#7: You Are Paying For An Understanding Of The System

The attorney who fills out your paperwork knows when the paperwork must be submitted. There are cases in which people are not able to file their paperwork at the right time, and an attorney would have prevented late filings. Attorneys know when papers must be sent in to your local office, and your attorney likely knows someone in the immigration office. Your filings will get through the system much faster, and you will never be caught off-guard when your papers are late.

Working with an attorney on your I-601 waiver application is the only way to ensure you are filing your immigration papers properly. Your attorney charges for their time on your case, and you will pay a different rate than every other client. Your case is unique, and your attorney charges for every part of the process that must be completed. Your family cannot stay in America without a proper immigration case file, and an attorney will charge you fair prices for each piece of paperwork, phone call and hearing.

Contact your attorney for assistance with your immigration papers today. You will pay a small fee to have your paperwork completed, but there are other fees involved that you must consider when your paperwork goes to the INS.

Can My Lawyer Settle My Case Without My Consent?

When a settlement offer is made on a claim, the attorney must present the offer to the client and provide advice on whether the settlement is acceptable. At that time, the client can make the decision to accept the settlement or request further negotiations. An attorney cannot accept a settlement offer without consent of their client.

In most states, the Bar Association prevents attorneys from accepting any type of settlement without written consent from their client. When an offer is made, and the client accepts, the attorney will prepare an acceptance document that allows the attorney to accept the offer. At that time, the attorney will contact the insurance company and begin to finalize the case.

Determining Whether The Settlement Offer Is Fair

When the insurance company makes an offer to settle a case, the attorney will contact you with that offer. They will also provide you with their legal opinion as to whether the offer is good. In most cases, first offers are very low and often forget to include key elements of the initial request for compensation. It is not unusual for your attorney to recommend that you negotiate for a better offer.

However, if you decide at that time that the offer is good enough, your attorney must comply with your wishes. Just like settling the case without your consent, an attorney cannot continue a case if you wish to settle. Always remember that your attorney works for you, you make all of the final decisions.

If you decide at that time to continue negotiations, the attorney will document your refusal and begin to construct a counteroffer to the insurance provider. This will continue until such a time that you are satisfied with the settlement offer.

If you cannot come to an agreement about the settlement offer, your attorney may recommend that you take the case to trial. Presenting your case in front of a jury of your peers can lead to much higher settlement offers. It is not unusual for insurance providers to wait until the day of the trial to make a fair offer to keep the case from going before the court. These insurance companies know that juries often award much higher settlements than what was originally asked for, so they try to avoid trials at all costs.

Are There Any Exceptions To The Rules For Excepting Settlements Without Client Consent?

There is only one exception to this rule and it is hardly ever used. If, for some reason a client disappears during the negotiation process, the attorney has the right to accept a settlement offer to cover all the legal expenses. Any additional monies left over from the settlement are placed into an escrow account for the Plaintiff until such a time that they can be found.

Otherwise, there is never an exception to the rule that prevents attorneys from accepting a settlement offer without the consent of their client.

What To Do If Your Attorney Has Accepted An Offer Without Your Consent

If you have had an attorney accept an offer that you did not approve, there is still hope for you to get the right settlement for your losses.

An attorney or their firm cannot cash the settlement check until you have endorsed the back of the document. All settlement checks are issued in the name of the injured party and their attorney or law firm. You can simply refuse to endorse the check and officially decline the offer. This will force the attorney back into negotiations with the insurance company until a fair settlement is reached.

If the check has somehow already been cashed, you need to report the attorney immediately to the local Bar Association. This attorney is in violation of their professional standards and may be charged with legal malpractice. Your local Bar Association can assist you on what steps need to be taken to recover from this type of event.

About the author

This guest blog post was written by Aaron Jacobs. Aaron is a NYC personal injury lawyer, who helps victims get justice.

Can A Health Care Insurer Be Repaid From A Personal Injury Settlement?

If your health insurance company covered any of the medical costs associated with the injury you received as the result of a personal injury, they will make a claim for reimbursement. If you have Medicare or Medicaid, these insurers will also seek reimbursement from your final settlement.

While this can severely reduce the amount that the injured party receives as a settlement, most people unknowingly agree to these terms when they sign for a health insurance policy. Health insurance companies will always include language in their health insurance policies that state they have the “right to reimbursement” or to “subrogation” when a personal injury case is the reason for medical care.

The “Make Whole” Doctrine

At this point, most injury victims are in full panic about their settlement. It does not seem fair that they have suffered so much and were subjected to so many financial losses that the medical care provider is going to recover a large portion of their settlement. After all, isn’t that what your health insurance premiums cover?

There is a little bit of protection for injured parties when it comes to addressing this type of situation. It is known as the Make Whole Doctrine. When a person receives a settlement, it is under the pretenses that the payment they receive will “make them whole” for all of their losses. Even though this is a common law, and not an official statute, most judges will abide by this doctrine.

This means that the insurance company may only be able to regain a portion of their payments to ensure that the injured party receives a fair share of the settlement.

Your Attorney Is A Great Negotiator

Your attorney will also work aggressively to reduce any medical liens that are against your case. They will use the Make Whole Doctrine as their basis, and may use other tactics as well to show why the insurer must accept less than the actual amount they desire. Most attorneys can easily make this happen. Insurance companies are often eager to receive any type of reimbursement rather than watch the case be converted to an Interpleader scenario.

An Interpleader occurs when the attorney deposits the settlement amount into a court-held account and asks the judge to decide on the amounts that the insurance provider will be paid from the settlement. None of the parties want this to happen. For insurance companies, this almost guarantees extensive legal costs and a very low payout from the judge. For the attorney, the case must be placed into a pending status until the court decides the amounts to be paid. For the injured party, they must wait additional time for their case to settle.

Because filing an Interpleading is so much trouble for all parties involved, most insurance companies are willing to reduce their bill to avoid this situation.

Since you must be prepared to repay some of your medical bills from your case, you should at least make sure that all the information is accurate. Many times your health insurer will try to include all of your medical care during the injury period, even if your medical visit was for a different reason. It is very important to track and non-injury medical care that you have had since your injury date and provide this information to your attorney. This ensures that the insurance provider only charges you for actual medical bills related to the accident.

This article was written by Jason Polo, a Denver personal injury lawyer.

How soon after a personal injury settlement is made is money received and distributed?

For an individual who has experienced injury due to negligence on the road, in the workplace or elsewhere, it can feel like a long road to get from filing the personal injury lawsuit to receive the settlement award. This is why “how long will it take to receive the money?” is one of the most common questions asked by plaintiffs to their personal injury attorney.

In this post, learn what to expect after the settlement is awarded and what each party’s responsibility is for completing the claim.

Using a Damages Formula
Every plaintiff that files a personal injury lawsuit will work with their attorney to come up with what feels like a fair settlement award. This amount of money may include any or all of the following:

– Reimbursement for medical expenses paid out of pocket.
– Damage to property and possessions.
– Compensation for lost earnings (past, present and future).
– Compensation for future medical expenses (including physical and mental health care).
– Compensation for lost time due to pursuing the settlement itself.
– “Pain and suffering” compensation.

It goes without saying that the number the plaintiff and their attorney come up with for a fair settlement award may not be met with agreement by the defendant and their attorney. So there may be some negotiation involved. As well, if the case goes to trial, the judge and/or jury may raise or lower the amount of the asked-for settlement based on their own assessment of the strength of the plaintiff’s case.

What Happens After the Settlement is Awarded
For plaintiffs who are going through the personal injury lawsuit process for the very first time, it is natural to assume that once the settlement has been awarded, the money will come very quickly.

Sometimes this is the case, but not always. Unless the case is settled out of court (i.e. without going to trial) where both parties agree to a settlement amount to avoid going through the trial process, the defendant will have the option to appeal the judge and/or jury’s settlement decision after the case is tried. If the defendant appeals, this could delay receive the settlement for quite some time – months or even years.

If the Defendant Accepts the Settlement Without Appeal
If the defendant accepts liability and the settlement award without an appeal, the process is simpler and more speedy.

In this case, here is what to expect:

– The settlement is awarded and the defendant agrees. No appeals are filed.
– The court will order completion of settlement papers, allowing 30-60 days for this.
– The plaintiff must sign a document called the Release, prepared by the defense attorney to outline the precise terms of the settlement.
– The plaintiff and their attorney may accept the Release as-is or ask for changes.
– Once the Release is in its final form, the plaintiff must sign it, have it notarized and then return it to the court.
– The plaintiff’s attorney will then receive the settlement check from the defendant or the defendant’s insurer. (Here, if the defendant does not have insurance and/or personal funds to cover the settlement award, collection can become much more complicated.)
– The plaintiff’s attorney will first pay (if any) the liens for medical or government expenses.
– The plaintiff’s attorney will then collect their share of the settlement, which may included the contingency fee and/or trial expenses.
– Finally, the plaintiff will receive their share of the settlement.

This whole process can take a few months at best and several years at worst. This is part of the reason it is so important to carefully calculate the amount of the settlement award requested to cover both known and future unknown expenses related to the personal injury claim, and also to select a skilled attorney with expertise in personal injury matters.

By having a complete understanding of the factors that can impact a final receipt of the agreed-upon settlement award funds, the plaintiff and their personal injury attorney can make choices based on the urgency of receiving the settlement funds so that there are the fewest delays in closing the case successfully.

About the author

This guest blog post was written by Marc Albert, a Long Island Personal Injury attorney. To learn more, visit his website.