My Legal Options After a Car Accident

Auto Accident Lawyer

The aftermath of a car accident can be a very confusing time, especially if you were significantly injured as a result. Adding to the confusion is the fact that the at-fault driver’s insurance company may be pressuring you to make hasty decisions in regard to settlements. However, it is in your interest to take the time to evaluate all your legal options before you make a decision. If you are not sure of what your options are, read on.

1. Accept the Insurance Company’s Initial Settlement Offer

This is generally NOT the recommended course of action. The initial offer will almost always be less than your case is actually worth. The insurance company may try to take advantage of your confusion and lack of firsthand knowledge about the process to avoid paying you what you deserve. Before you even consider accepting the initial offer, there are a couple of steps you should take.

First, you should receive medical attention for your injuries. Not only is this best for your health, but you can find out from the … Read the rest

How Much Alimony A Judge Might Grant You From Your Spouse

Personal Injury Lawyer

As you head toward divorce, you may be wondering how much alimony a judge might grant you from your spouse. In actuality, you may not receive an alimony award, as a divorce lawyer might tell you. There are several factors that the Judge will consider when determining whether or not one of the two spouses will receive alimony, and if so, how much and for how long. This is not to say that the Court cannot be swayed to rule one way or another when presented with certain facts and insight from a divorce lawyer who represents one of the spouses. If you are considering getting a divorce, give us a call to discuss your circumstances with a skilled divorce lawyer.

Alimony Determination Factors

During the divorce court proceedings, the presiding Judge will make a determination of alimony if either party petitions the court to receive alimony from the other party. Alimony is also referred to as spousal support, and in some instances, it’s also called palimony. When considering whether or not to award alimony to the … Read the rest

Wrongful Death Claims

While you might have a strong suspicion that someone’s negligence or direct intent led to the death of your loved one, the suspicion is not the same as knowing or proving fault. Wrongful death claims are notoriously tricky legal actions because, like a criminal case, they depend on evidence. Unfortunately for the surviving family members, emotion is not the same as evidence, and belief in the guilt of the defendant is not enough to carry a lawsuit through trial. Wrongful death claims are complex actions, and there are at least three things you should know before you file a suit.

1. Application

The term wrongful death is not applicable to every situation where a death occurs. The use of a wrongful death claim can typically be siphoned down to three instances: intentional killing, medical malpractice and negligent accidents. While criminal trials are usually held for murderers, it is possible that a person can be found innocent at a criminal proceeding and found guilty in a civil action. For example, O.J. Simpson was sued for wrongful death after being found not guilty … Read the rest

Tips on Finding a Private Defense Attorney

Tips on Finding a Private Defense Attorney

If you are accused of a crime, you usually have options available to you regarding representation. You may have the choice to represent yourself, although a judge will make the final decision whether to allow this. The judge may also assign you a public defender depending on your financial circumstances and the seriousness of the charges. Regardless of the situation, however, you also have the option of hiring a private defense attorney.

It is almost always in your interest to have a defense attorney represent you. However, not all private defense lawyers are equally skilled, and if you decide to hire your own, you want to be sure your money is well spent. Here are some tips on how to find a good private defense attorney to represent you.

1. Don’t Choose the Most Expensive Attorney

There seems to be a perception in the mind of the public that the more you pay for an attorney’s services, the more competent or skilled the attorney is. This is not necessarily the case. Fees are … Read the rest

What Is Considered Medical Malpractice?

Medical Malpractice

A medical malpractice attorney can ensure that your right to fair compensation is protected. Medical malpractice is a concern, and incidents of negligence by healthcare providers occur every day in America, resulting in serious or fatal injuries to patients. Though the vast majority of medical professionals are highly capable, some are not, and even the best doctors can make a mistake that results in harm to their patients. If you or your loved one suffered an injury because the caregiver was negligent in their care or lack of care, or if there was an error in diagnosis, treatment, or management of the condition, contact a medical malpractice attorney.

What criteria must a medical malpractice claim meet for eligibility?

When medical malpractice attorneys review a case, they will make a determination as to whether or not the claim meets the legal criteria necessary for the victim to receive compensation. For a claim to have merit, all of the following must be true:

1.       The victim was a patient of the healthcare provider, whether that provider was a doctor, nurse, … Read the rest

Workers’ Comp Qualification

Workers’ Compensation Attorney

Workers’ compensation is the system that is in place to protect all employees across the United States. No matter how dangerous your work may or may not be, you are covered for any injuries that are the result of doing your job. Many people worry about qualifying for workers’ comp, however. It is true that there are some requirements that must be met. Do you know how much work you have to miss due to your injury to qualify?

Missing Work

You may be surprised to learn that there are no limitations for how much work you miss to qualify for workers’ comp. Even if you go to the hospital and immediately return to work the same day, you can still file a workers’ comp claim and be compensated for your medical bills.

Of course, if you do miss several days, weeks, or months of work, you will be compensated for your lost wages in addition to any medical bills and injury-related expenses.

The Qualifications

If the length of time you miss work does not factor into … Read the rest

Suing the Hospital For Medical Malpractice

Personal Injury Lawyer

If you are injured or become ill during the course of treatment at a hospital, do you sue the doctor or the hospital? It’s a question many people ask, as they are unsure which route to take. While your medical malpractice lawyer can help you understand the details of the situation, the following are some basics to keep in mind.

Employed or Contracted?

One of the first things you should look into if you are injured by a doctor in a hospital is whether the doctor is employed or contracted by the hospital. The hospital is only liable for employees. In many hospitals, nurses and other similar staff members are actual employees, while doctors are contracted with the hospital. Because of that, you would not be able to sue the hospital if the doctor was not an actual employee.

How do you know if a doctor is an employee? You could just ask the doctor or the staff on duty. It should also be in writing somewhere, possibly in the paperwork you filled out on your first … Read the rest

Can You Sue a Nurse Who Gave the Wrong Medication?

Personal Injury Lawyer

Most nurses work hard and do their best to avoid mistakes. Unfortunately, the professionals that take care of patients in the hospital are only human and can and do make errors. When a nurse gives the wrong medication, it might be considered medical malpractice. There are a lot of variables that determine whether you can sue the nurse of not.

Improper administration of medication can occur when the nurse doesn’t give the right dose or doesn’t even give the medication. It could also occur when the medication is given improperly, such as injecting the medication into the muscle instead of a vein. The mistake could also be that the nurse injects the wrong patient.

How to Prove Medical Malpractice by a Nurse

Medical malpractice cases rest on four elements. First, the nurse must owe you a standard of care. Next, it has to be shown that the nurse failed to uphold that standard of care. Third, the nurse had to cause your injury by action or inaction. Finally, you have to show that your injury caused damages.… Read the rest

How Long Before You Can Get Paid for a Worker’s Compensation?

Construction Accident Lawyer

Aside from medical expenses, lost wages is the biggest concern for workers who are ill or injured because of their work. Unfortunately, there are a number of confusing rules and regulations, many of which are designed to benefit the employer. States differ on what they require employers to do, but here are some general rules of thumb.

Make Sure You’ve Filed a Claim

Worker’s compensation guidelines (and common sense) tell you to get medical treatment before filing a claim. But don’t delay in filing a claim. You may have seen a company doctor and been provided treatment, but you need to ensure that you or someone on your behalf have filled out the necessary claim forms to get the claims process started. If you’re being rushed into signing any type of waiver or release during this process, don’t sign anything until you talk to a lawyer.

You May Not Be Covered for a Short Period of Disability

States have a variety of laws in this area, but in general you should be prepared for a time period … Read the rest