Monthly Archives: April 2013

Tips To Help You Choose A Personal Injury Lawyer

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Personal injury lawyer

Hiring a personal injury lawyer

If you have been injured physically or emotionally due to the negligence on the part of another, then a personal injury lawyer is the one person you should go to. A personal injury attorney can help you recover compensation for all the damages that you had to suffer by guiding you through the procedures necessary for filing a personal injury lawsuit. While personal injury lawyers are trained to handle all kinds of injury, very often they specialize in particular fields such as automobile accidents, medical malpractice, defective products and the like.

How to choose a Personal Injury Lawyer?

  • Consult the American Bar Association for a list of lawyers within your area.
  • Ask your friends and relatives to see if they can recommend a good lawyer to you.
  • Ask your lawyer for references. They may be able to suggest colleagues who have specialized in handling personal injury cases. You can ask the attorney who prepared your will to suggest personal injury lawyers.
  • Once you have short-listed a few probable lawyers, arrange for an appointment to meet up with them. Enquire about his previous cases, his record of accomplishment and also ask him the chances of winning your case and request him/her to get back to you with the details that he could not give you during the meeting.
  • Also, enquire about the fee details such as if there is an initial consultation fee and whether or not there will be a fee for evaluating your claim.
  • See if you are comfortable working with this lawyer. You will be meeting this person on a regular basis and spending a lot of time with him/her in discussions, so make sure that you can get along with him/her.

    Personal injury attorney

    How to choose a personal injury lawyer?

  • Have patience, but remain regularly updated. A good lawyer will have more than just your case going on at the time. He/she can only work as fast as the opposition will allow. If you were injured in an automobile accident, then your lawyer will have to wait until the insurance companies have completed their formalities and negotiations. Remain patient, but keep asking for updates.

Follow the above given steps to choose an efficient personal injury lawyer who can represent your case for you. For more info on personal injury lawyers and their duties, check out legal resources that are available online. Alternatively, you can go down to your local library and check out their law section.

A Short Note The On Habeas Corpus Petition

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habeas corpus petition

  writ of Habeas Corpus

The evidence presented in the court was so overwhelming that the judge had no choice but to send Kevin to prison for three months. But, Emma, Kevin’s wife, was so sure about the innocence of her husband that she decided to file a habeas corpus petition in the court. The prisons in the country are already overcrowded with dangerous criminals who are serving years of imprisonment for serious crimes, and Emma was of the opinion that the state would be better served with a serious criminal behind the bars, rather than Kevin.

Although hardly a touching story, the above snippet throws light on an important part of our legal system: habeas corpus. The writ of habeas corpus definition is given below, and it should remove all the confusion surrounding the habeas corpus petition, and the writ of habeas corpus. The court, in the case of Kevin, obviously thought the world would be a better place to live in with Kevin behind the bars, but as clearly demonstrated above, there are ways with the help of which even convicted criminals are able to get out of prison. However, getting out is not that easy.

Habeas corpus petition

If you feel that a person is incarcerated without sufficient reasons, then you can file a habeas corpus petition in a court of law. The main purpose of the habeas corpus petition is to give a chance to those who are wrongly incarcerated, to get themselves released.

The writ of habeas corpus definition

habeas corpus

     Habeas Corpus law

Not to be confused with the habeas corpus petition, the writ of habeas corpus is a court order that demands the transport of a prisoner to the court room, so that the court can determine whether to release that person or not.

Petitions in the court

Once the habeas corpus petition is filed in the court, the court needs to be convinced that the person was incarcerated based on factually incorrect evidence, or a legal error. If the court feels that, the petition has some basis that supports it, then the prisoner may be released from custody.

Not everyone can file a habeas corpus petition in a court of law. It needs to be noted that, the habeas corpus petition is usually filed by those who have spent a considerable amount of time in jail.

Some Tips For Choosing The Best Wrongful Termination Lawyer

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Wrongful termination lawyer Los Angeles

Wrongful termination lawyer

So this was it. Twenty years of dedicated, loyal service, and all that remained was a piece of paper saying that he had been terminated from the job. Paul had known all along that this was coming; he just hadn’t expected to feel so angry about it. But then again, this was one place where he had spent a considerable part of his last twenty years. He thought of his options, but he already knew he had been unfairly treated, and that he had only one option left. The meager amount that they intend to pay him for his twenty years of his service was tantamount to an insult. They were a multi-million dollar company now, and he had been there since the start of it all. He deserved more, he deserved better.

Many people in a position similar to Paul’s might shy away from approaching the court with such matters. They might think of it as a waste of time and money, but what they actually forget is the fact that, in most cases, it is the wronged employee that gets the benefits from the employer. But, of course, it is important to have a competent lawyer explaining your case. Here are some tips that will help you in finding a competitive wrongful termination lawyer Los Angeles.

Tips

  • Ensure that the process that your employers followed for firing you from the job was illegal. If the grounds that they mentioned for firing you were for exercising your First Amendment rights, for attending jury duty, for refusing to break the law, then you better start the process of selecting a lawyer.

    multi-million dollar company

    lawyer in Los Angeles

  • Ensure that you have a copy of all the documents pertaining to your termination from the job. These documents should have information like specific dates and details regarding all the incidents that led to you finally being terminated from the job.
  • You can find good lawyers by asking the opinions of people who work at a local employment office or state labor department.
  • Many online sources have excellent information regarding all the attorneys available in your area.
  • Once you are fired from your job, ensure that you do not make a scene at the spot, or resort to threatening your hitherto employers.

These tips will help you in finding, if not the best wrongful termination lawyer Los Angeles can provide you, then at least one that’s close to being that.

Some Information Regarding Auto Accident Lawyers

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Auto accident attorney Los Angeles

Auto accident attorneys

Most of the cases that are presented in a court of law, demanding for damages to be paid, are related to auto accidents. Such incidents often lead to one party being injured, with the other having caused the injury. There can be auto accidents were a drunk driver upends his own vehicle, but these types of cases cannot be counted as cases that are related to damages. To win such cases in courts, it is important that you have a competent attorney to present your case. There is many a competent auto accident attorney Los Angeles can provide you, though it is important that you select the right one.

Los Angeles scenario

Los Angeles is truly a world-class city, and one of the few unfortunate gripes that come along with such a tag is the traffic congestion. This is the curse of many cities in the world, and although many alternate means of transportation have been introduced, the traffic in the city manages to hold a stranglehold on everyone.

Added to the fact that there are millions of vehicles on the road, it is a sad reality that Los Angeles is ahead of other cities in terms of drunk driving and similar negligent acts. This further points to the need for competent attorneys in the state of California. Automotive accidents are one of the major reasons for the rising number of personal injury claims in the area. It is estimated by the National Highway Traffic Safety Administration (NHTSA) that every 10 seconds, someone in the United States is involved in a car accident. This is a highly concerning statistic, and it is high time that the authorities took some measures to control it.

auto accident claim

 Los Angeles auto accident attorneys

If you are a concerned party in an auto accident claim and you want to consult an attorney, make sure that you select the best attorney that you can afford. Once you select the right auto accident attorney Los Angeles has to offer, then it will highly simplify the rest of the process.

Most of the auto accidents that occur in the state are avoidable. Defective automobiles are one of the main reasons for the occurrence of these accidents in the state. If the authorities are to ensure that people avoid driving negligently or the condition of the vehicle is good, then the state will have to deal with only a less number of accidents.

How To File A Wrongful Death Case With The Backing Of The Law

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Wrongful Death Statute of Limitations

Wrongful Death Statute

Death in any form is something that no one willfully wishes for. It is a tragic event from whichever angle you look at it. In the event of a death of your loved one in an accident that was caused solely because of the negligence of another person, you can make use of the law of the land to gain a rightful compensation for his misfortune. For those unlucky people who have left behind huge commitments, this compensation can prove to be a big help as their families can find some reprise and a way to live further after their demise.

However, there are some Wrongful Death statute of limitations you need to be aware of before filing a wrongful death lawsuit. It is a civil lawsuit and hence it needs to be perfect in all sense. The reason why your loved one died should completely be because of the negligence or irresponsible behavior of the accused personnel and this is absolutely vital for the lawsuit to have a strong legal backing.

If you seek advice from an expert legal practitioner, he will tell you the necessary requirements and conditions for applying for such a compensation claim. Alternatively, you can do a quick search for Wrongful death statute of limitations in the internet to gain more insights into this legal framework.

wrongful death lawsuit

Statute of limitation for wrongful death

There is a time limit for applying for compensation under this legal setup and usually it is two years from the date of demise of the person. However, in cases where the people eligible for the compensation are minors, the deadline can be extended until they reach the age of 19. It is a judicial procedure and hence there will not be any adjustments done in anybody’s favor. In addition, if you are rightfully eligible for a time relaxation, you will get it no matter what the odds are.

Monetary compensation for the death case shall not take too long to reach the eligible loved ones of the demised persons once the lawsuit has been proven to be valid. All you need is the service of an expert legal advisor. As mentioned before, he or she will know how to make the most out of these complex legal frameworks and make sure the wrong done to your loved ones is justified at the earliest.

For further assistance, you may seek the help of a legal practitioner or refer law books at your local library.

How To Choose A Car Accident Lawyer In Los Angeles

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Car accident lawyers Los Angeles, Best accident lawyer

Car accident lawyers in Los Angeles

If you are involved in a car accident in Los Angeles, then you will definitely need the assistance of a quality lawyer who can represent your interests in the best possible manner. An experienced and reputed lawyer is one who can take the burden off your shoulders. A skilled lawyer will ensure that the insurance company compensates for all your financial, physical and even your emotional damages.

How to Choose Car Accident Lawyers Los Angeles

Given below are a few tips to help you select the best accident lawyer to represent your case-

  • Ask for referrals from people you know such as your friends, relatives and other acquaintances to know about good car accident lawyers Los Angeles. Newspapers and phone directories will also have information about these lawyers. You can also get references from your local or states bar association. Arrange an appointment with some of the shortlisted lawyers and talk about your case. Most lawyers offer prospective clients a free consultation to help you decide whether you want to hire the lawyer or not. Make sure you talk with the lawyer at least once before hiring him.
  • Choose an accident lawyer who is reputed and has experience handling and negotiating cases such as yours. If possible, the lawyer should be able to settle your case out of court. If it cannot be settled out of court, then he should be able to get you a minimum cost settlement.
  • Find a lawyer who understands your injuries and damages. He should be one with sufficient industry experience and with whom you are comfortable. He should also
    Car accident lawyers Los Angeles, Best accident lawyer

    Car accident settlements

    be able to help you understand the different aspects of your case and be straightforward about the business aspects of the trade.

  • Choose a lawyer who agrees to take his only payment after winning the case for you. If he agrees to after case charges, make sure that you settle all monetary matters with the lawyer before handing him your case. Before you sign any paperwork, make sure you read all the terms and conditions and see that you understand them as well.

Do thorough researches before you hire an accident lawyer to represent your case for you. Do a little background check on the lawyer to get an idea of his previous cases. Keep these tips in mind while looking for car accident lawyers Los Angeles.

How Does Contributory Negligence Work In North Carolina

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Contributory Negligence States

              Contributory Negligence explained

The law of the land is indeed supreme. Breaching it is by no means pardonable, unless you’re certified insane by a doctor. However, the law always has its favorable nuances and loopholes to protect a citizen, even if he inadvertently ends up in a mess. This requires a good knowledge of law too- something that attorneys have been thought right from law school. ‘Ignorance of law’ or a bit of negligence can never be justified in a court of law; and apart from losing your compensation you could, in the worst case, even end up behind bars.

Sorry if I delved too much into the fundamentals of the laws regarding ‘contributory negligence’. It’s true that ignorance of law is seldom looked upon with mercy in the US. However, the bitter fact is that quite a few of us mess up our lives as we aren’t aware of the subtleties of the law. And in this post, I introduce you to one such incredible clause in state law- that of ‘Contributory Negligence’, and the ways in which it could affect your personal injury claim.

How does ‘Contributory Negligence’ Work?

To put it simply, contributory negligence works such that “the affected party in a road accident shall not be eligible for any compensation if he/she has even in the least measure contributed to the occurrence of the said incident”; i.e. knowingly or unknowingly, you should not have been responsible for any degree of negligence in an accident.

For instance, suppose you were driving through an intersection and another car having crossed a stop sign or red light dashes in and hits your vehicle. Quite obviously, the other driver would be surely considered guilty of the offence. In such a case, if you hadn’t crossed speed limits or defied any traffic rules, you’re entitled to compensation and that is beyond any doubt. However, if you’re living in one of the contributory negligence states of USA, and had neglected any one of the traffic rules, you shall be regarded as one of the causatives of the accident. It would not matter if the other driver is 99 per cent at fault; your 1 per cent negligence is more than enough to deprive you of your accident claims.

Traffic Rules

                  Info on Contributory negligence

Contributory negligence can be tactfully circumvented in some instances. If your lawyer proves that the other party was ‘willful and wanton’ or ‘grossly negligent’, you just might have the fortune to overcome the hurdle of contributory negligence.

Well, that’s all for now about what contributory negligence states and how it is applied. To learn more, please read the posts below.

How Contributory Negligence Turns Out In An Accident Case

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Contributory Negligence States

           Contributory Negligence in different states

Surveys have shown that the number of accident cases reported in the US is on the rise. The large number of vehicles that ply on the road is one reason for this increase. In the event of an accident, your first concern would be getting the compensation from the other driver if he were responsible for the accident. On the other hand, if you are responsible for the accident, the concern would be to minimize the compensation paid to the other driver. In either way, you need to be aware of an important legal setup known as Contributory Negligence.

It is a legal framework that varies with different states and hence it is wise to search for “Contributory Negligence States” or “How is contributory negligence delivered in different states” in Google before applying for its benefits. So what exactly is Contributory Negligence? Let us look into the core principles of this legal concept.

Contributory Negligence is the legal concept by which an accident victim can claim compensation in the accident based on the percentage of fault in each of the parties that were involved in the accident. For example, in a car crash, if you are responsible for just 10 per cent of the fault, then you are liable to pay only 10 per cent of the total cost of damages in the accident. If you happen to be responsible for 90 per cent of the fault, then you can still save the remaining 10 per cent of the total damage cost, as it would be the liability of the other party.

Principles of Contributory Negligence

    Using Contributory Negligence to your advantage

Nevertheless, this is just a basic explanation. The rules of contributory negligence are somewhat different in different states and at times, it can be a blessing or a curse for you. For example, in certain states, the ruling is such that if you are responsible for at least 50 per cent of the fault that caused the accident, then you do not stand any chance of getting compensation from the other party.

So if you plan to use the rules of contributory negligence in your favor, make sure you seek the advice of an expert lawyer. He or she can make sure that the principles of contributory negligence works in your best interests in the case. As mentioned before, a quick research online typing in “Contributory Negligence States” can help you get an idea of how this legal framework works in your particular state or neighborhood.