Monday, December 6, 2010

Lawyer Jargon

If you have recently suffered personal injury from an accident due to the other party's negligence, you must act very fast to record important data from the scene that will help you pursue compensation claims later on. It will help you a lot if you know enough about your rights and how you must act in these situations. To prepare you for such and the worst things that can happen from related incidents, you must indulge yourself with an initial research about the matter.

It will help a lot if you will read books related to cases like this. You must know what should be done if you find yourself caught in certain situations wherein you can eventually settle for claims and file for charges. In finding the right books, you must not only look at the authors. You should also take time to browse through the pages to find out if you will be able to understand the details that are being discussed. There are some books that were written to too many legal and technical jargons. If you only want to know basic things about the matter, it will not help if you will get confused with how the materials were written.

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You can also try to browse through different websites on the internet. You will be surprised with how many professionals gotten their own sites to make people know about them, what can they do and what kinds of situations must be referred to them.

If you are unsure about how to start with your research or if you are getting confused with too much information all at once, you may want to join online forums and find people like you who are on the same level and are interested in knowing more about the matter. These forums are usually being visited by people who are interested with the subject, people who have undergone related experiences and those who know a lot about the legalities of the situation. All these kinds of people will be willing to share to you what they know about the things that you are searching for.

Now that you know when are you going to take the necessary actions to pursue a compensation claim from an accident that you have been involved with, you need to make sure that you follow these steps once you have encountered such mishap that cause you injuries.

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Victim of Personal Injury?

It is critical to respond quickly when you are the victim of a personal injury that has resulted from someone else's carelessness, as your ability to properly document the occurrence and all pertinent information associated with the event, will play a major role when you seek reparation for these injuries in the future. Having a thorough knowledge about the steps that you should take and what the law says that you are entitled to, will allow you to navigate such a circumstance. Taking the time to conduct a complete investigation into the ins and outs of personal injuries occurring from someone else's negligence, will give you the information that you need, to know what you are dealing with and let you know what the worst case scenario may be.

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There are many books that cover this subject, and it would be beneficial for you to read several of them. You need to gain an understanding of what your responsibilities are when it comes to cases that may require that charges be brought against the negligent party or a settlement be reached at some point. In order to decide which books will be of the most help to you, other factors in addition to the author of the book, should be taken into consideration. You can quickly peruse the book to see if it is written in a manner that is clear and comprehensible to you. You will find that a number of the books about this subject are filled with terms and language that are more geared toward individuals with legal backgrounds. When you are interested in learning about the fundamentals involved in personal injury cases, highly technical writing will likely not be helpful to you.

An online search can also yield many websites that will provide the information that you need. Many individuals are unaware of the large number of experts in this field who publicize their services on the internet, where they describe their services and the types of cases that they handle. The internet also has forums where you can begin to gain a clearer picture about this subject.

You will find that many individuals in the same situation as you will utilize this tool when they feel that they are being bombarded by excessive information. Here you will be able to communicate with individuals who have been through a similar event, are going through it now and searching for advice as you are, and also individuals with an advanced knowledge who can offer practical, professional assistance. Individuals who participate in this type of forum, are anxious to provide whatever knowledge and help that they can.

You are now equipped with the appropriate tools to manage a personal injury situation, should you be involved in one, and you will be well prepared to go forth with legal action, by following these suggestions, should the need arise.

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Understanding Basics of Law

For those of you who have become a victim of another person's inattentiveness and have received a personal injury, you need to quickly take actions to document essential information about the accident that will help you win a case down the road. You need to be aware of what you are entitled to, and the ways you need to go about filing a claim. In order to get you ready for a situation like this, you need to arm yourself with some basic information regarding this legal field.

If you take some time and go through previous cases, you will be prepared if you ever need the information. You need to be aware of what you should do if you receive a personal injury and need to file a claim to get reimbursed for your pain and suffering. When you go about doing your research, you should also examine who is writing the books you are reading. You want to know that you are going to be able to understand what the author is saying and how to implement his or her suggestions. Certain publications will have a lot of legal terminology that is difficult to understand. If you are only looking to learn the fundamentals about your case, you do not need to make things more complicated by getting hung up with the industry jargon.

You might want to look around online to get additional information. You might be shocked to learn that a lot of attorneys have established websites for their companies to get their name in front of potential clients. They will explain what cases they specialize in.

If you find that you are not understanding the basics of your case or you do not even know where to begin, you should think about locating other Internet users who have experience with your kind of situation and can help you wade through all the technical issues that might arise. Typically, these kinds of sites are frequented by people who want to know about legal issues that are out there and they will most likely have experience with a case that is similar to yours. The people on these sites will want to impart their knowledge to you in order to help you out in your situation.

If you have determined that you are ready to go about filing a claim that is the result of an injury you received through no fault of your own, you will want to ensure that you adhere to these suggestions here to get everything to which you are entitled.

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Injury Law Insight

New lawyers sometimes are too excited to accept cases that they run the risk of being called the "Ambulance Chasers." The following pointers are adapted from Jay G. Foonberg’s book How to Start and Build Law Practice:

When talking with the prospective client or family for the first time, tell them to engage to you as often and rapidly as possible. It is necessary to begin to work on the case immediately to protect the client's own best interests and substantiate the need for immediate legal service. Remind to the client also not to discuss fault or facts with anybody except police officers until after they've consulted you.
Your potential client must be made to understand the importance for the investigator to photograph every evidence before they get cleaned or repaired.

Third-party witnesses must be interviewed as soon as. The scene of the accident must be reviewed and photograph before it is altered. Remind your client that torn and blood-stained garments or other evidences must not be thrown away at the hospital. Bruises and other physical manifestations of the injury must be photographed immediately.

The injured person must be reminded that insurance company's primary concern is to defend a claim for damages rather than getting any funds for the insured for personal injury. The defendant must be told that the letter of claim begins a timetable and acknowledgement of receipt of letter must be within 21 days. The letter of claim must be sent in duplicate and the defendant requested to send a copy to the insurance company. Ensure that the medical records are accurate and has been fully reviewed by your client. Allocate enough time for the review of medical records. Keep in mind that insurance companies pay much more attention to a report that comes from a doctor rather than from a nonphysician.

Remind the client orally and in writing that "based on the facts as they appear in the present time, it appears that he has a meritorious case. That is why, it is impossible to value the case until the full extent of personal injury, the need for treatment, damages, and losses are known.

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Car Accident Claims

Freshly minted attorneys are frequently so eager to begin practicing that they come dangerously close to earning the nickname of ambulance chaser. The suggestions and tips that follow are taken from Jay G. Foonberg's popular guidebook entitled How to Start and Build a Law Practice:

As you conduct an initial consultation with a potential client or their family members, encourage them to utilize your services as frequently and as quickly as they can. It is important to get an early start on your representation of their interests, and you should make clear to them the critical nature of your early involvement in their matter. Reinforce with them that they should never talk about factual details or potential fault or negligence concerning their case with anyone other than the police until they have discussed things with you.

Every prospective client needs to grasp the need for investigating authorities to obtain photographic evidence of all tangible things relating to the case before they are damaged, destroyed or repaired.

Any ancillary or disinterested witnesses need to be interviewed as soon as practicable. Accident sites need to be visited and documented photographically before any changes, repairs, or distortions occur. Be sure that the client understands not to allow damaged, dirty or blood-stained clothing or evidence to be discarded by medical responders. Any outward evidence of injuries, including bruises, scratches and the like, must be chronicled in photographs right away.

Injured parties need reminding that the insurer's priority will always be to defend damage claims, not assist the injured party in obtaining compensation. Explain to the defendant that your client's claim letter starts the clock on their response window, and that they have 21 days to notify you of receipt of the correspondence. The correspondence should be sent with an additional copy, which the defendant should be instructed to forward to their insurance carrier. Make certain that all medical documentation is in order and that it has been seen by the client. Devote sufficient time to thoroughly examining all medical records. Be mindful of the fact that insurance carriers give far more credibility to a doctor's report than an analysis produced by someone other than a physician.

Communicate to the client both in person and in writing that given what is currently known about the facts of the case, there is indeed merit to the damage claim. Thus, it can be extremely difficult to attach a monetary value to a matter until the complete nature of the injury and the cost of care and losses are ascertained.

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Avoiding Legal Pitfalls

Adapted from pointers by Jay G., here is an article about avoiding the pitfalls many new lawyers fall victim to when they accept cases that may cause them to be labeled as "Ambulance Chasers." How to Start and Build Your Law Practice a book by Foonberg:

Advise your prospective clients to engage you as soon as possible and often when you are meeting with the potential client and / or their family initially. In order to verify that there is need for representation and to protect a client's interest, work will need to begin as immediately as possible. You should also instruct your client to consult with you before discussing the case with anyone regarding facts and possible fault, with the possible exception of police officers.

Before the potential client cleans up or engages in repairs, they should understand that the investigative team will need to photograph all evidence and that this is of utmost importance.

Interviews should be conducted as soon as possible with third party witnesses. Before there are any changes, there should be review and photography done at the scene of the accident. The potential client should retain any of the garments that they were wearing at the time of the accident, even if they are torn or stained with blood. Photographs of any bruises, abrasions ,or injuries should be taken immediately.

Any insurance company will be seeking to defend claims for damages as opposed to pay out for the person's injuries, and the potential client should understand that this is the insurance company's first concern. The client should be advised that they can expect a letter of claim and must acknowledge that they have received it within 21 days and this letter starts the timetable. A copy should be sent on to the insurance company and the letter of claim should arrive in duplicate. The client should completely and thoroughly review any medical records for accuracy and completeness. Medical records should be given the appropriate amount of time and consideration. Reports from doctors will be held in higher esteem by an insurance company than a report received by another medical professional who is not a physician.

Be certain to advise the client that as the facts currently appear, they have presented a case with merit and this reminder should be communicated orally and in writing. Considerations for losses, damages, extent of personal injury, and treatment needs will ultimately determine the value of any case which has been presented to you.

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Friday, October 22, 2010

Pi Law

You can never tell when it may happen, and despite the fact that you have no history of accidents and other such matters, the day may come when you will encounter  such an event. The best approach is to be prepared and have full knowledge of what is required of you, in advance, should you experience a personal injury event  in your life.  How is that important?

It is important because, regardless of how good a driver you are,you may still suffer personal injury through the bad attitude other drivers demonstrate on the road, and because of other accidents and bad weather conditions you may encounter.

You may suffer injuries that will vary in gravity depending on the extent of the damages that you experience while on the road. Should you need to be treated in a hospital for your injuries, and in order for the other driver in the accident to pay for your injuries, you will have to file a claim. As well as being hospitalized for your injuries, you will not be able to go to work if this  situation happens to you. This situation will reduce the income you earn. While going through this experience, your feelings will turn to anger and concern; your friends and family members will  likewise experience the same.

Be careful that you do not hurry yourself through the process of settling, forgetting and  forgiving the accident and the inconvenience it caused you. Try to look at the event in terms of the injuries you suffered, and the possible future effects on your life. Gather all relevant evidence you can reasonably obtain, if it is possible for you to do that at the time of the accident.

This must be done whether or not you are considering filing a  claim for damages later. In the event you were hospitalized, you may want to ask the assistance of another person to help you record issues of the event that may be helpful to your case later. Make sure you take pictures at the accident scene. Be certain that the photographs of damages incurred are taken from as many different angles as possible. Also , take the time to make notes of important details of the event so that they will be remembered, include the date, location and time of the accident.

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