Categories
Personal Injury

Should I Sue for Personal Injury?

Personal injury is, unfortunately, something we are all at risk for every day. They are, of course, traumatic events regardless of severity, and they can be devastating in some circumstances. A likely question to arise in these situations is whether or not you have a legal case and whether you should sue for it. This is a question to be answered with three basic points. Obviously, you must first suffer a personal injury to have a case. Secondly, the injury needs to be caused by negligence from another party instead of an innocent mistake. Thirdly, you will need to have verifiable and “recoverable” damages. In this context, “recoverable” means damages that entitle you to compensation. If these three conditions are met, it’s likely that you have a valid case. Since most personal injury attorneys work on contingency fees (you’ll simply pay a percentage of the settlement, but only if you win the case), you may want to seek the help of this Super Woman Super Lawyer to better your chances of success. Additionally, you’ll want to follow these steps.

Medical attention

Any time you are injured, it’s important that you seek immediate medical care. This will give you the opportunity to talk with your doctor about any unusual sensations and give the best chance for a full recovery. This will also help prove that all injuries sustained were due to the accident. If medical care is sought later, it will give the defendant an opportunity to diminish your claim by saying some, if not all, of the injuries could have been due to another cause.

Additionally, immediate medical care will help avoid inconsistencies in your medical record, which is of vital importance to your case. Gaps in any kinds of documents will be harmful to your case, but gaps in medical records in particular are an extreme danger that could even ruin your case. Ensuring these inconsistencies never exist in the first place will eliminate the defendant’s ability to discredit your claim based on medical results. You’ll also want to ensure the records are regularly updated by attending all follow up appointments and adhering to all instructions regarding treatment.

Gathering materials

There are a few things a client can do to prepare for the initial consultation with an attorney in an injury case. You’ll want to gather any materials that could be useful for the case. Photographic evidence of the accident scene can be a great help. If possible, bring photos that were taken at the time of the injury itself. If this isn’t an option, it can still be worthwhile to return to the scene and record the layout of the area anyway. In addition, you’ll want to bring your medical records, an accident or police report, and any contact information of doctors and witnesses to the accident. Having this information will establish you as a knowledgeable and cooperative client, and this generally makes attorneys more likely to take your case.

Communication

Just because an attorney takes your case doesn’t mean you should just leave them to do everything. A client still has some responsibilities during the case itself. First of all, you’ll need to keep your attorney updated on your medical condition. The extent of your injuries and the pace of your recovery are paramount factors.

You’ll also need to provide any further developments in your case. For example, any time an outside source contacts you about the case should be reported to your attorney. This will most likely be insurance companies, and you should direct all questioning to your attorney. There may not be such a thing as a guaranteed case, but working closely with your attorney will provide the best chance for a successful outcome.

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Categories
Law

Reasons why you need a financial expert


Expert witnesses are available for most if not all intricate sectors of a society. Finance is among sectors that are known to benefit from the services of expert witnesses. There are numerous advantages that a corporation or individual is bound to benefit from if they enlist the services of a financial expert witness to help them understand the case at hand and to also aid them in building a strong defense in the litigation. Financial expert witnesses are also sought by courts to give counsel in cases involving investment banking, trading, marketing, sales, quantitative analysis structuring and risk management in businesses that have financial implications among other things.

Financial expert witnesses are among persons allowed by courts to give their witness testimony regarding fraudulent conveyances, lease lending, lender liability, and guarantees among other elements of finance. Financial expert witnesses are sought primarily to testify in trials but their expertise goes beyond the confines of the court room. Individuals looking to entire the business scene will eventually require the services of a financial expert to guide them on the various projections related to the business. Having a financial expert witness on board comes with additional benefits since they understand the legal implications of certain decisions as well.

There are many areas which an expert in finance can give opinions on with respect to the current and emerging trends in the sector. When picking an expert to work with on matters finance; one should conduct a background check to ensure that they are getting value for their money. Some of the areas that financial expert witnesses can advice on include;

  • Corporate finance – this is an area of finance that one should pay attention to since it involves activities such as; sourcing of funds, actions that managers need to implement in order to increase the value of the corporation to the various stakeholders involved, and allocation of financial resources among other important elements of a business. Having a financial expert witness in one’s team helps to cut down on the risks that may arise with different undertakings.
  • Financial analysis – performance and suitability of a business are determined through monitoring and evaluation. Financial analysis is used to determine if an entity is liquid, profitable, solvent, or stable enough for one to inject capital into. Individuals who venture into the financial expert witness trade are expected to have skills necessary to monitor and evaluate businesses in order to determine its feasibility. The services of a financial witness expert are necessary; therefore, if a business owner(s) is to have a clear financial projection of what they are getting into.

Financial experts require the necessary skill set to guide them as they handle the various financial cases that come their way. Getting the best there is in the business is inherent if one is to reap maximum benefits from the interaction. Using referrals may be a good way to start out if one is not sure on how to go about contracting a person with the qualifications of a financial expert witness. Licensing and necessary accreditation should also be confirmed before hiring.

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Categories
Law

Auto Product Liability Lawyer function and roles


The basic elements of evidence that a plaintiff in a products liability action against the seller of a truck or car or manufacture has to establish are that the vehicle as sold contained a defect that created an unreasonable danger of death, property damage, or personal injury when the vehicle was used for its intended objective and that the defect caused a clash or similar incident, such as a vehicle fire, that resulted in the loss for which the plaintiff is seeking to recover damages. Charges of product defect in automotive product liability cases contain inadequacies in vehicle design, problems in the manufacture of vehicle parts and their assembly into a completed truck or car, and failure to warn users of a vehicle about risks inherent in its use.

Claims of design defect in a motor vehicle can entail allegations about many of the vehicles assemblies or parts, singly or in mixture. A few past examples contain allegations that the design of the fuel tank holding strap and its link to the fuel tank allowed the fuel tank to be pierced in a rear-end-crash, that a rear seat belt design created a bad danger of abdominal injury in an accident, and that the place of the fuel tank on a pickup truck failed to give perfect protection against the danger of fire in a side crash. A subset of the full area of design defects involves crashworthiness claims, in which it is alleged that because producers know that trucks and vehicles will be involved in collision in the general course of their operation, failure to design a vehicle so as to give a sensible degree of protection against injury in the event of an accident is itself a design defect that makes liability on the part of the producer. Some courts need the plaintiff in the design defect case to introduce proof of a feasible substitute design that could have been employed in the area of the allegedly faulty design element in a vehicle,  while other courts permits a jury to consider design defect claims without necessity for establishing the existence of such a substitute design.

Why choose us for your case?

Automotive products liability cases need complex, specialized investigations and the capability to manage huge document and deposition discovery. The Julian C. Gomez Law Firm, PLLC have board experience in these matters. Our lawyers have defended producers and component suppliers of automobiles, buses, heavy trucks, ATVs, motorcycles and recreational vehicles in lawsuit involving allegations and producing defects, inadequate alerts, consumer fraud, and a breach of warranty.

Such cases generally involve sophisticated engineering and medical problems. We have the experience to perfectly address those problems and to present them in a manner that a jury can know. We have litigated cases involving all aspects of automotive design. We have served as national counsel to automotive producers on such problems as sudden acceleration, vehicle fires and inadvertent movement. And we have tried to verdict cases involving defect allegations related to stability and handling, fuel systems, cruise control systems, roof structures, starter and shift interlocks, transmissions, airbags, seatbelts, seats and brakes.

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Categories
Lawyer

What Exactly is really a Offender Lawyer?

New York criminal attorney event, you will need to hire a federal criminal attorney who defends the those who have been caught or are now being investigated by the federal police authorities. The federal protection lawyers are specific in the federal legislation section and represent their customer during the case trial in the courtroom. Offender lawyers generally work for those who are accused of felonies such as kill, harm, family abuse, embezzlement, etc. The company of a criminal lawyer is vital to ensure that your appropriate rights are sheltered through the entire judicial process. Since criminal consequences might include fines, imprisonment, essential treatment, and probations, it is obviously sensible to employ a offender attorney with sufficient expertness and experience in the field. Numerous resources are available to find a competent and skilled offender lawyer. Referrals are always considered to be the most crucial resource; the name of a qualified criminal lawyer may possibly come from any circle such as buddies, colleagues, family, etc. The public defender’s office in your state will also be in a position to recommend a reliable criminal lawyer for you.]]>

Categories
General

Are Court Reporters Becoming Obsolete?

the way this field works will change significantly. The changing of this industry, like many others, is happening due to the increase in technology and the digital world. We will see reporters’ lives made easier because of the technology they can use to report more accurately, more quickly and overall more efficiently. Why are court reporters needed? Court reporting takes a lot of work—inside the court and outside of it. This is mostly done for law offices that need every part of a case documented. These reporters go to conferences, offices, meetings, mediations, and court hearings, all in attempt to document the proceedings. Without court reporters at hand to complete this tedious and detail-oriented work, a lot would get lost in translation. They often record all conversations and then later transcribe them internally at their court reporting agency or they outsource a transcriber. This is an important job because attorneys need impartial documentation that these reporters can provide. There is a need for this court reporter to be present and assert themselves as an objective third party. This is why there is an increase in Fort Lauderdale court reporters heading to agencies with their work. These positions are extremely important when looking at objective reporting of court cases and their inner workings. Court reporters are needed in insurance cases, mediations, divorce cases, and medical malpractice cases. There is no shortage of demand for this kind of work. There also is a need for proofreaders wherever there are court reporters. What is next for court reporters? Court reporting will not become obsolete anytime in the near future. There might be a shift in the technology as it progresses. More programs will come out that allow for a computer to transcribe audio. These practices will become widespread and allow for court reporters to focus on other areas of their jobs. These trends towards digital recording are becoming popular in many agencies and court rooms, but not all. Some court reporters don’t trust computers to get everything right. This is an industry where human reasoning is wanted and needed. They then have the comfort that a human is using their judgment to do the best objective job they can. The virtual world is changing how court reporters interact. There are now virtual conferences that court reporters attend to get tips and tricks from other reporters. The impact of technology is changing how they interact with each other and their cases, but their need is still prevalent in the field. There has also been a reported shortage of court reporters recently, so this might be one of the best fields to look into if you are in search of a career change. This career was questioned in the 1990s when there first was a shortage of court reporters. Many courts said they were going to replace their reporters with digital recorders. As previously mentioned, digital recordings and transcribing can’t fully replace the human intuition that is needed to effectively get the job done. Know that court reporting will be around for quite a while. It gives a lot of meaning and accountability in the court. The tech trends will only make this job more effective and more interactive with the future trajectory of the position’s importance. Maybe even consider court reporting for your next career move. It is a shifting industry that needs fresh input and initiative when looking to navigate the development of tech products.]]>

Categories
Legal

3 Things Criminal Lawyers Wish Denverites Knew

Denver is a beautiful city, and quite a safe one. That’s thanks in part to federal, state, and local laws that are reasonably fair. It’s also thanks to hardworking law enforcement professionals, prosecutors, and judges. For most of us, it’s easy to see all of these things as being on our side.

But don’t forget another side to safety and legality in Denver. While nobody wants to be the victim of a crime, it’s also true that nobody wants to be charged and convicted of one. And the unfortunate truth is that such things can happen unfairly. Police can make mistakes, and so can prosecutors. Laws can be unfair, or applied unfairly. Mistakes and malpractice at various points in the legal system can result in bad arrests and convictions — leading to unfair suffering on the part of everyday Denverites, including innocent people.

If you’re used to being on the “right” side of the law, you may not spend much time thinking about Denver’s laws and criminal justice system. But if you end up under scrutiny by the police or charged by prosecutors, what you don’t know about the system could hurt you. Here are three things criminal defense attorneys in Denver wish you knew.

It doesn’t matter if you’re a “suspect”

In the media, people love to make a big deal over whether or not people are “suspected” of a crime. The police may be “investigating” someone, the news reports — or maybe there’s a “person of interest.”

But have you ever seen a crime TV show or movie end with the police throwing up their hands and saying “we can’t arrest that guy, because he wasn’t a suspect”? Of course not! Police don’t have to call anyone a “suspect” if they don’t want to, and they are certainly not required to let you know if you’re under suspicion. They don’t even have to tell you that they are police officers!

In fact, it’s better for them not to. They want you to help them. They want you to tell them what you know. And they know you’ll be more likely to talk if you are “not a suspect.”

Here’s the thing: Being friendly with the police just because you’re “not a suspect” can cause you to incriminate yourself. In fact, you could be innocent and still end up in big trouble.

Don’t talk to the police!

Many of us are used to thinking of the police as our protectors. And, in many ways, they are. But if the police think a crime took place, they’re going to investigate — and that could be bad for you, even if you are innocent.

Innocent people confess to crimes with alarming frequency. Innocent people can say things that fit into a sometimes false narrative that the police are building in their investigation. Innocent people can accidentally say false things that get them in trouble — or true things that get them in trouble, too.

And here’s the thing: you don’t have to talk to the police. No law says so. In fact, the laws say you have the right not to!

The safest course of action is to not speak to police. It’s too easy to get yourself in trouble when you talk to the police, and virtually no good can come of it for you. Speak to your lawyer, not to the police (if you feel you must communicate with them, go through your lawyer).

And if you don’t have a lawyer, get one.

It’s never too early to get an attorney

You probably already know that you need an attorney if you are arrested and charged with a crime. But did you know that, by that point, you are already well on the way to being convicted?

Police don’t want to help you prepare for a court case. They’re not going to give you a friendly heads-up when they start investigating you, and they’re not going to share everything they know. They’re going to wait until they have everything that they think they need to convict you — and then, and only then, will they arrest you.

By then, you could have given the police a lot to go on. You could have made statements you should not have, or done things that they will use as evidence. Meanwhile, the evidence that may exonerate you is going cold: witnesses are forgetting things (or convincing themselves that they saw what the police hope they saw), documents are being lost, videos are being deleted, and so on.

Get yourself a Denver criminal attorney sooner, and you’ll have a better chance of beating the case. Your lawyer can follow up on other leads and help you make sure that you don’t incriminate yourself. Getting an attorney early on will reduce the chances that you are arrested in the first place. And if you are arrested, your attorney will be prepared to defend you. That’s a lot better than waiting until you’re in jail to make a phone call to a lawyer!

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Categories
Personal Injury

3 Key Differences Between Personal Injury Cases in Canada and the US

comparatively more litigious than Canadian systems with more than three times as many lawsuits per capita. It’s possible that this is because of the differences in the legal system and the amount that a plaintiff can receive. Let’s take a look at what some of those main differences are. Compensation for pain and suffering In the US, each state is responsible for determining its own limits for pain and suffering award amounts. Some states cap only the amounts that can be awarded for pain and suffering in medical malpractice suits. And some set limits on it for all types of lawsuits. Close to half the states don’t have a limit in all. On the other hand, Canada has a nationwide cap on pain and suffering damages of around $300,000. The difference here is that a plaintiff in a lawsuit in America can walk away with a lot more money than they can in Canada, no matter what the situation. One such incident was a medical malpractice suit in Virginia. A woman sued her gynecologist for a failed tubal ligation after she gave birth to a baby. The jury found the physician liable for damages and requested he pay the mother $39,000 for medical and $9,000 in lost wages. However, the mother was ultimately awarded almost $2,000,000 in total. That means that almost the entire amount she was given was for non-monetary damages caused by pain and suffering. In Canada, no matter how big the amount a judge finds the defendant liable for, the amount for pain and suffering damages will never be allowed to exceed $300,000. But even the US states that have caps are usually higher than the limit in Canada. Court costs In the US, all parties in a legal matter are typically responsible for their own court costs. This is unless, they are appointed an attorney by the court that will be paid for by the state. However, in Canada, the losing party can be held liable for the winner’s costs. So, if you hire a personal injury lawyer Kelowna and win the case, the loser in the trial may have to reimburse you for those expenses. But the costs are on sliding scales. The court may decide the loser is responsible for substantial indemnity, which is up to 80 percent of the costs. Or they may be held liable for partial indemnity, which would cover up to 50 percent of the costs. These rulings are made entirely by the presiding judge. The role of the court systems In both the US and Canada, each state or province has its own government entities and one federal government. But in Canada, the federal courts are much less involved. In the US, for example, any federal laws governing personal injury suits will automatically overrule state laws. In Canada, they very rarely get involved in such cases. Also, in Canada, judges are appointed by the government, making them much less susceptible to local political influences. Canada’s hearings also differ quite a bit from the ones in the US. In America, one judge presides over an entire case. But in Canada, there may be various judges that hear particular parts of it. And they don’t typically use a jury as the US courts do. Another key difference is the way Canada establishes precedence. Canada is apt to look at previous court rulings from other countries in order to make decisions, whereas US courts only use American cases.]]>

Categories
Law

Law Book Review – Murphy's Law Book Two


The interpretation of the law as specified in the thesaurus reveals that there are a number of kinds of legislation. There are manufactured regulations, which we are all also acquainted with and also these consist of; web traffic legislation, regulations, statutes, policies, tax obligation legislations, criminal legislation as well as well, almost every kind of law to inform us exactly how to live our lives. After that there are regulations of physics and also all-natural legislations; regulations that if you damage, there is no mercy.

Unlike male made legislations you cannot escape damaging them without effects as every action has an equivalent and also contrary response. Allow’s encounter it gravity and also kinetic power will certainly consume your lunch if you do not observe these all-natural regulations. Next off, there are legislations of company, mayhem, possibility and also problem, these regulations are likewise a truth whether you select to listen or desire to risk your good luck. Currently after that, allow me to advise an excellent publication to you on this topic.

Reality dominates

Murphy’s Law: Book II More Reasons Why Things Go Wrong! by Arthur Bloch, 1980. The writer goes over Murphy’is and also what he calls sophisticated Morphology in a situational evaluation, at the workplace, in national politics, and also in the sector with supposed professionals, academics, customers, family members, as well as sporting activities gamers as well as trainers. If it can fail it at some point will, as well as it will certainly take place at one of the most inconvenient time. From the intro all toss this useful recommendation law publication are actual instances of just how New York criminal lawyer shows itself over and also over once again in monitoring.

Confirming all-natural regulations is never ever very easy; it calls for great deals of evidence as well as this publication does simply that. With manufactured regulations, the legislation is whatever you make them. With all-natural legislations, the legislation is what they are, as well as they do not care if you do not understand them. There has no sensation, they simply are, and Murphy’s Law is a great deal like that; figure out why!

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Categories
Personal Injury

5 Elements of a Negligence Case

professional negligence lawyers who can connect these concepts to your specific case. What constitutes “duty” in a negligence case? Simply put, a duty is the expectation that the defendant was required to act or behave a certain way towards you. Duties are generally determined by a judge, rather than decided by a jury. One of the most common instances of a duty is the relationship between an employer and employee. For example, if you are pressing charges as a client against a professional such as a doctor, the duty could relate to how you were treated by the doctor as compared to similar professionals. Duties can apply to other company/client relationships as well, but may also extend to someone working as part of a company and a public bystander, such as a child who is hit by a postal worker. In this case, the judge would determine if it was the postal worker’s duty to drive in a safe manner while delivering mail. What makes up a “breach of duty” in a negligence case? While determining whether or not you’re owed a duty by the defendant is the first step in winning your negligence case, there is still more burden on you to prove that the defendant breached, or broke, that responsibility to you. Even though a judge determines what comprises a duty, the jury of your negligence case ultimately decides whether or not the defendant breached this duty. In the earlier example about the postal worker, a jury would determine whether or not the defendant was exercising reasonable care while they were performing their job. If they were texting while driving, that certainly would constitute a breach of duty, whereas if the child ran out into the street after a ball, other factors would most likely have to be considered. How do you define “cause in fact” in negligence cases? Another factor that will be considered during your negligence case is whether your injuries or damages are “cause in fact.” In a nutshell, “cause in fact” refers to whether or not you can trace a direct link between the defendant’s negligence and your current state. In the example about a doctor and their patient, if a botched surgery resulted in loss of feeling in your hand, that would be deemed “cause in fact.” However, if it can be proven that you couldn’t definitively trace your numbness to the surgery in question, this may be called into question. An easy way to think about this element of negligence is to think of cause and effect. Simply ask yourself, “If the defendant hadn’t done this, would my result have happened?” What is “proximate cause” in a negligence case? Proximate cause all boils down to whether or not the defendant could have foreseen the result of their actions, prior to their occurence. In the example with the child and postal worker, the postal worker would have to prove that they didn’t have adequate time or information to appropriately estimate the danger the child was in. This would be hard to do in a place where children often are, like a residential neighborhood or in a school zone. However, if the child was in a location not typically occupied by kids, such as in a casino parking lot, the driver may be able to prove they didn’t have proximate cause to the accident. What count as “damages” in negligence cases? Your final consideration when proving negligence is what counts as damage. Damages must be legally recognized, meaning your most common options are injury or property damage. Even if a judge or jury determines that your defendant did neglect their duty, if you haven’t suffered any damages from the incident, your negligence case won’t have legal standing. While negligence cases can seem complex, breaking down each element of a negligence case, can help you understand how to create the strongest case. As always, consult with a trusted legal professional prior to pressing charges so that you have the greatest possibility of winning your negligence settlement.]]>

Categories
Personal Injury

Preventing Liability Claims in Your Home

Safe walkways Some of the biggest personal safety issues, especially during inclement winter weather, are slipping or tripping hazards when entering and leaving your home. Take a moment to review the driveway and entryway areas for potential hazards, such as uneven pavements or walkways, tree roots, or cluttered porch stairs that could present tripping hazards for the elderly or people with limited mobility, or even guests who become impaired during the party. One easy thing to do is to notify guests during your invitation to watch their step when they arrive. If the hazard is something not easily fixed, another practical solution is to mark things like tree roots in a walkway clearly, such as with brightly-colored duct tape or safety tape. Ensure garden hoses or other lawncare equipment is safely stored away from the walkway. If the ground approaching your home is extremely uneven or rocky, temporary solutions like a solid, even layer of packed-down mulch or fine gravel could improve conditions. But in general, try to provide the most even, tactile surface possible for your guests to enter your home. If guests are coming or going during the evening hours, adequate walkway lighting to the driveway or street is a must. If you don’t have permanent lighting installed already, there are several temporary solutions ranging from individual solar-powered lawn lights to a string of Christmas or rope lights near the ground, or even strategically-placed battery-operated tealights.  Make sure stairs and uneven ground are well-lit whenever possible. During icy or snowy weather, shovel a safe walking area at least 32 inches (81 centimeters) wide, and make sure to salt or sand slippery surfaces thoroughly, re-applying as needed. Clear snow and icicles from the roof over the entryway to prevent injuries from ice and snow sheets tumbling onto your guests. During heavy rains, monitor your yard and driveway for flooding or pooling, as this can present walking hazards, depending on the depth of water or speed of overflow. Safe flooring Anytime you have a gathering at your home, there are likely to be spills, especially if alcoholic beverages are involved. Quickly identifying and cleaning up slippery floors will help to keep your guests safe. You might place a chair on top of the spill or have a guest watch the area to prevent people from walking through while you get the necessary items for cleanup. If you typically prefer that guests remove their shoes, try handing out economical non-skid booties instead, as certain kinds of dress socks render hardwood and tile floors more slippery. Safe railing and decking Make sure all railways on stairs are secure and that the stairs are free of clutter or tripping hazards. Inspect all deck railings to make sure none are loose, and inspect the deck for loose floorboards that might be sticking up on one end to pose a tripping hazard. If your property has a pool, ensure all access points to the pool area are secured and gate locks are in working order. Being able to show that you performed every possible precaution prior to having guests over goes a long way toward preventing injuries and the resultant liability claims. However, should one arise, it’s best to have an professional in your corner. If a suggestion of a potential lawsuit exists, don’t hesitate to look for the best personal injury lawyer in Toronto for a personalized review of your case and some expert advice.]]>