Tuesday, June 23rd, 2009 at 3:38 pm
by Amy Nutt
Everyone should have access to quality legal representation when they need it. This is especially true when an individual suffers a serious injury that changes their lives forever.
Unfortunately, far too many people feel that only the wealthy can afford to pursue personal injury litigation after a crippling accident. What these individuals fail to realize is that many attorneys are willing to make a contingent fee arrangement with the injured party, which defers costs until a settlement or monetary award is granted to the plaintiff.
How Contingent Fees Work During an initial consultation (which may or may not be free), an attorney will look at your case and see if it is strong enough to pursue Personal injury claim. If deemed so, the lawyer then decides to make an agreement based on what you can pay at the time. If you do not have the ability to pay, you can negotiate terms that supply a percentage of damages recovered after a win.
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Wednesday, June 17th, 2009 at 4:37 pm
by Amy Nutt
Traumatic Brain Injury, or TBI, occurs frequently in the U.S. Over 1.4 million people every year suffer from TBI. The impact of this kind of injury to a person who has suffered from TBI is huge.
Normal Functions Diminished A person who has suffered TBI may find that their usual abilities are lessened or lost after their injury.
Thinking capacity may be lowered, including memory and reasoning, and logical sequencing of events.
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Wednesday, June 17th, 2009 at 5:48 am
by Amy Nutt
Many businesses and organizations that provide activities for clients have participants sign liability waivers that are meant to release the business from responsibility if a client or participant is injured.
Waivers may trump a finding of negligence if a business is sued. However, they need to be carefully worded and vetted in order to be valid. If not, you may find yourself in just as much legal trouble as if you had not asked for a waiver in the first place.
Consider a canoeing company. A family rents a canoe for a trip downriver. The canoeing company has them sign a standard waiver exempting the company from any liability for any event and the family takes off down river.
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Wednesday, June 17th, 2009 at 5:44 am
by Amy Nutt
The term compensation for future care expenses refers to the amount of money that future medical care of a person is expected to incur in relation to a disability caused by an unnatural event. It is generally brought up as an issue in legal proceedings, especially having to do with medical type insurance companies, i.e., worker’s compensation, malpractice or liability cases in which one or more parties were permanently injured or disabled.
Compensation can include initial medical expenses, lost time wages, rehabilitative services, counseling, patient care expenses and compensation for pain and suffering. For instance, if an employee is injured at work and severely injures a hand, in addition to compensation for lost time wages and the initial medical expense of repairing whatever damage was done to the hand, the employer’s worker’s compensation insurance may be held responsible for the cost of future rehabilitative and corrective procedures performed in relation to the initial injury. The compensation for future care in this instance can range from the cost of several sessions of physical therapy to a large lump sum granted due to ongoing medical procedures and surgeries and the inability to work in the chosen or related field ever again.
The insurance company will most likely offer a settlement which reflects their preferred payment with regard to the situation. If the recipient finds the amount offered to be unacceptable, the matter may be taken to court where a judge will rule on the amount that should be compensated to the person.
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Tuesday, June 16th, 2009 at 6:57 pm
by Amy Nutt
Car insurance is not only a necessity when driving a car, it is also the law. When drivers purchase car insurance, they are required to pay a car insurance deductible. The deductible is part of every drivers insurance policy and they are responsible for paying it. Basically, a deductible is the amount of money that a driver is willing to pay for the insurance coverage. Deductibles differ by state, but generally, they can be $100, $250, $500, $1000 or $1500. For instance, if you had a deductible of $1000, and received damage to you car in the amount of $5000, you would pay $1000 and the insurance company would pay $4000. This money must be paid before your insurance company will pay your claim.
Selecting a deductible is an important decision because it will affect the cost of your premium. The higher the amount of the deductible that you choose, the lower your insurance premiums will be. You could possibly save up to 20 percent. Comprehensive and collision coverage are associated with the insurance deductible. Comprehensive covers any damage to your vehicle other than another car. This can include hail, ice pellets, physical damage such as vandalism, or hitting something such as a deer…etc. Comprehensive insurance also covers theft. Collision insurance covers damage caused to your car as the result of a collision with another vehicle.
Although the higher the insurance deductible, the lower the premium, you will still have to make sure you can afford the deductible in the event that you have to make a claim. It is important that set aside the amount of the deductible such as depositing it in a specific bank account. If you cannot deposit the entire amount, make regular deposits to make up for the shortfall until your reach the total amount.
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Tuesday, June 2nd, 2009 at 6:40 pm
by Amy Nutt
In law there are two basic types of off lawsuits: criminal and civil. Civil lawsuits are lawsuits between two private parties, often two people. Criminal lawsuits are lawsuits brought by the state or federal government against an individual or group. Civil cases are initiated by the victim, and criminal cases are initiated by the government through a prosecutor. Criminal lawyers are those who defend the plaintiff in criminal lawsuits.
What Criminal Lawyers Do
Criminal lawyers represent their clients in lawsuits that are initiated by the government. Their clients are individuals or groups who have been accused of acts that are crimes of some sort. It could be a misdemeanor, which is a less serious crime like drunk driving, or it could be a felony, which is a serious crime like murder that could end in jail time or even the death penalty. Many people think of felonies when they think of criminal lawyers, but a Criminal Attorney also represent plaintiffs who are facing misdemeanor charges.
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Sunday, May 17th, 2009 at 9:29 am
by A Nutt
The role of a court reporter is to maintain an accurate record of word for word transcripts of conversations, legal proceedings, meetings, and other circumstances requiring a documented account that will serve as legally binding evidence. Court reporters can be found working at court trials, providing translation services for the hearing impaired, assisting judges, recording depositions, and assisting attorneys. With the emergence of new advancements in technology, many people have thought that careers in court reporting were diminishing. Fortunately, this is not the case. Court reporters have adapted to the technology and are now in great demand.
Real-time stenographic court reporters are viewed as the only reliable and accurate way for providing instant voice-to-text translation. The demand for reporters is not just in the legal field. The experienced real-time stenographic reporter has learned to use the most current computer hardware and software in order to provide accurate and consistent transcripts. The stenographic reporters’ ability to transfer spoken words to readable text instantly has made them a valuable asset for deaf people. You will find them in classrooms and other learning environments translating spoken language into legible text. This service is known as Communication Access Real-time Translation, or CART. Other areas that you will find CART providers include businesses, social settings such as churches, medical clinics, government institutions, and much more. Requests for real-time reporting for broadcast captioning and communication access has also increased.
Many court reporting agencies have found it difficult to fill positions because the demand is so great for work in depositions and court trials. For attorneys, real-time reporters provide indispensable assistance with trial preparation. The real-time reporter can provide information in a digital format which allows the lawyers to look up information quickly. More lawyers are now making use of online legal databases as a method of quickly acquiring information. Attorneys make use of easy to access information for searching depositions, preliminary hearings, discovery summaries, trial briefs, and other related legal documents.
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Sunday, May 10th, 2009 at 2:53 am
by Amy Nutt
If you or a friend has ever been pulled over for a traffic violation or suspected of driving under the influence of drugs or alcohol, you may have been asked to submit to a breathalyzer test. The breathalyzer test consists of breathing into a small plastic tube that is attached to a device that can measure the levels of alcohol in the lungs and bloodstream. This is called the “blood alcohol limit” (BAC) and it is how the authorities can tell if you have had too much to drink and may be breaking the law by driving yourself home from that party. The breathalyzer has been an invaluable tool for law enforcement for many years, however if it is determined that your BAC is above legal limits, how important is this evidence when dealing with the actual DUI court case?
Breathalyzer tests are generally the fastest and most effective way to determine if a driver has had too much to drink, so that the law enforcement officers can act quickly to arrest and get that person off the street. This prevents countless numbers of DUI related accidents and deaths every year. If a suspect refuses to submit to the breathalyzer test, they can be arrested and detained for a blood test based on suspicion of DUI, so in most cases they will agree to be tested on the spot. Then this evidence is used when it comes time for them to report to the judge in court to answer for their actions. Its very hard to argue against scientific evidence that the breathalyzer tests provide, similar to DNA evidence, theres no denying it once it is submitted to the court.
The breathalyzer saves countless lives. Sometimes even knowing they could be tested with a breathalyzer will deter drinkers from getting behind the wheel, so theres no way to tell how many lives are saved by programs like this in addition to designated driver campaigns. Breathalyzers are cost effective ways to prevent a very expensive hazard on the roads as well, costing on average only $97 per unit. Thats fairly insignificant as it concerns life saving equipment and other tools that the law enforcement division has to work with. And its much less costly than a human life by any measure.
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Sunday, April 5th, 2009 at 10:20 am
by Amy Nutt
Cases that involve personal injury that is either physical or psychological in nature require the testimony of an expert witness. In civil cases, the plaintiff and defense acquire the testimony of a medical expert witness. Expert witnesses are normally enlisted to testify in such cases as medical malpractice, vehicle accidents, slip and fall incidents, and much more. Expert witnesses are either provided by the state such as in a criminal trial, or retained by a party in a civil trial. The expert witness is one of the most important witnesses in a trial.
A retained expert witness is an expert who has been retained by a law firm to testify on the firms behalf. This is a witness who has the specific education, training, skills, and experience in a particular area to form an expert analysis and opinion that is presented at trial. These witnesses are usually paid on an hourly basis for their expert analysis and research, as well as for their testimony at trial. They are paid a fee regardless of the outcome of the case. Fees can range from $50.00/hour to $500.00/hour. They only provide testimony regarding the facts of the case and how they arrived at their opinion. Like non paid experts, they have to be certified by the court to be considered an expert. They must have the experience and education that is relevant to the particular issues of the case. The testimony should be candid, objective, and truthful. Most work in the field that they are giving testimony about and they must be able to defend their opinions against tough cross-examination by a prosecutor or attorney.
Although they are paid by a law firm, retained expert witnesses have to adhere to a proper code of conduct and ethics. They must be unbiased and analyze information objectively. They must also have the ability to interpret reports and other applicable information in order to make an informed opinion. Their testimony offers opinion evidence rather than fact evidence. Just like any other expert witness, they must have a solid reputation within their field of expertise. An expert witness with a shady reputation will not help a case. The court is more receptive to a witness who is respected by their professional community. Jurors and judges will be more likely to accept the testimony of a qualified and respected witness. Retained expert witnesses can include: medical specialists, engineers, law enforcement specialists, scientistsetc. A positive verdict is more likely to occur if one uses the testimony of an experienced and respected witness. The expert may also be required to give testimony regarding the severity of damages when the court is considering the amount that will be awarded.
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Saturday, March 28th, 2009 at 6:52 pm
by Amy Nutt
During any court session, a record needs to be made and this is done by court reporters. While most people are familiar with the image of a woman pecking away at a stenograph machine in the courtroom, very few realize just what a court reporter does or that there are actually several different types of court reporters.
The job of a court reporter sounds simple, recording all events and words spoken during the court hearing, arbitration, or deposition. However, this is a position that requires skill and speed, as well as accuracy since the reports will be used for legal purposes. Understanding the different types of court reporters, as well as the benefits and downfalls of each style of reporting will help you choose the best type for your purposes.
There are three basic types of court reporting, which we will look at here.
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