How to Handle Medical Malpractice Claims

Shawn Lay/ April 30, 2024/ Law

Have you or a loved one experienced a medical procedure gone wrong? Dealing with the aftermath of medical malpractice can be overwhelming and confusing. Here, we will guide you through the steps to handle medical malpractice claims successfully. From gathering information to consulting with an attorney, we’ve got you covered every step of the way. Let’s dive in and empower you to seek justice for any wrongdoing.

Gather Information

Gather InformationWhen faced with a potential medical malpractice claim, the first step is to gather as much information as possible. Start by collecting all relevant medical records, including doctor’s notes, test results, and treatment plans. These documents will provide crucial details about the care you received. Next, note any conversations or interactions you had with healthcare providers regarding your treatment. Keep track of dates, times, and what was discussed during these exchanges. It’s also essential to obtain a second opinion from another healthcare professional to confirm whether malpractice may have occurred.

Consult with a Medical Malpractice Attorney

So, you suspect that you or a loved one may have been a victim of medical malpractice. The next step? Consulting with a medical malpractice attorney! This is crucial in navigating the complex legal waters ahead. A specialized attorney will be well-versed in providing valuable insight into your case. They can assess the details of your situation and determine if you have a valid claim. During the consultation, don’t hesitate to ask questions and discuss any concerns you may have.

File a Complaint

Filing a complaint is a crucial step in handling medical malpractice claims. It involves submitting a formal document outlining the details of the alleged malpractice to the appropriate regulatory body or board. The complaint should include specific information such as dates, names of healthcare providers involved, and any supporting evidence like medical records or witness statements. This documentation is essential for building a strong case against the negligent party. When filing a complaint, it’s essential to follow all guidelines and procedures. This ensures that your concerns are taken seriously and investigated thoroughly.

Proceed with Litigation

If you’ve decided to take the next step in handling your medical malpractice claim, proceed with litigation. This phase can be complex and emotionally challenging, but it’s a necessary part of seeking justice for any harm caused by medical negligence. Your attorney will draft and file a formal complaint outlining the details of the malpractice case. This legal document officially initiates the lawsuit against the healthcare provider or facility responsible for your injuries. Next, both parties will engage in a process known as discovery, where evidence is exchanged, witness statements are gathered, and depositions may be taken. This stage aims to uncover all relevant information to strengthen your case during trial.

Document Everything

Document When dealing with medical malpractice claims, it is crucial to document everything meticulously. Keeping a detailed record of all medical records, prescriptions, bills, and any other relevant documents related to your case. Make sure to write down all interactions with healthcare providers, including dates, times, and the specifics of what was discussed or recommended. This information can be invaluable in building a strong case for your claim. Additionally, take notes on how medical negligence has impacted your life – physically, emotionally, and financially. Documenting these details can help demonstrate the extent of the harm caused by the malpractice.

Remember that each case is unique and may require different approaches. Staying organized, informed, and proactive throughout the process is essential. With patience and perseverance, you can seek justice for any harm caused by medical negligence. If you find yourself in need of assistance with a medical malpractice claim or have any questions about the legal aspects involved, don’t hesitate to reach out to knowledgeable professionals who can support you every step of the way. Your health and well-being deserve to be protected – take action today.

Filing a Claim for Compensation: How to Get the Financial Remedies You Deserve

Shawn Lay/ June 29, 2023/ Law

Dealing with an injury or loss can be challenging. When these incidents are caused by someone else’s negligence, you may be entitled to compensation. However, understanding how to file a claim can be overwhelming. Most of the time, it is best to consult an experienced attorney who specializes in personal injury and wrongful death matters. In this friendly and informative guide, we will walk you through the process of filing for compensation.

Understanding Compensation Claims

Compensation claims can arise from various situations, such as personal injury, workplace accidents, medical malpractice, or car accidents. The objective is to reimburse you for your losses and suffering. These claims can cover medical expenses, lost wages, property damage, and even emotional distress.

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Preparing to File a Claim

Like any type of claim, you must prepare for your case before submitting it. This includes gathering any supporting evidence and documentation needed to prove your case. For instance, if you were injured due to someone else’s negligence or recklessness, you should obtain medical records and other documents that can demonstrate the extent of your injury. Before filing a claim, it’s crucial to gather all necessary documentation. This might include:

  • Medical records and bills
  • Proof of lost income
  • Property damage estimates
  • Photos of injuries or damages
  • Witness statements

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Filing the Claim

The process of filing a claim can vary depending on the nature of your case. Here’s a general overview:

  1. Notify the Responsible Party: Notify the person or entity responsible for your injury or loss about your intent to file a claim. This is typically done in writing.
  2. File the Claim: Depending on your case, you may need to file your claim with an insurance company or directly with the court.
  3. Negotiate a Settlement: After filing your claim, there may be a negotiation process. This is where you or your lawyer discuss the compensation amount with the other party or their insurance company.
  4. Go to Court: If a settlement cannot be reached, your case may go to court. Here, a judge or jury will decide the outcome.

The more of these steps that you can handle yourself, the more money you may save in the long run. However, if necessary, it is worth hiring a lawyer to ensure that your claim is properly prepared and submitted.

In Conclusion

Filing a compensation claim can be complex, and having an experienced attorney can be beneficial. They can help you understand your rights, gather evidence, negotiate a fair settlement, and represent you in court if necessary. Moreover, if you win your case, the other party may be responsible for your legal fees. Making sure to thoroughly prepare your claim and seek the help of a professional can greatly increase your chances of obtaining the maximum compensation amount possible. With this guide in mind, you should now have a better understanding of how to file a claim for compensation and receive the financial remedies that you deserve.…

Reasons to Call Your Lawyer After an Accident

Shawn Lay/ May 7, 2022/ Law

If you are in a car accident, there are a lot of things going through your mind. One of the most important things to do after an accident is to call your lawyer. Many people don’t realize that they need to call their lawyer as soon as possible after an accident. There are many reasons why you should call your lawyer after an accident. In this blog post, we will discuss some of the most important reasons why you should call your lawyer right away.

To Prove the Liabilities

In every personal injury case, one of the first things that need to be established is who is liable, or responsible for the injuries suffered by the victim. Insurance companies often try to deny liability or minimize their responsibility in an accident. An experienced car accident lawyer will know how to investigate your accident and gather evidence to prove who is liable for your injuries. Many people try to handle their own car accident cases without a lawyer and end up getting taken advantage of by the insurance companies.

To Deal With the Insurance Company

lawyerAfter an accident, you will most likely have to deal with the insurance company. If a lawyer does not represent you, you may end up giving them a recorded statement or signing away your rights without even realizing it. An experienced car accident lawyer will deal with the insurance companies for you and make sure that you do not say or do anything that could harm your case. Some insurance companies work faster if you have a lawyer representing you. They know that if you have a lawyer, you are serious about your case and are more likely to take them to court if they do not give you the compensation you deserve.

To Maximize Your Settlement

If you are injured in a car accident, you may be entitled to compensation. The amount of compensation that you recover will depend on many factors, including the severity of your injuries and who was at fault for the accident. An experienced car accident lawyer will know how to investigate your case, gather evidence, and negotiate with the insurance companies to get you the maximum settlement possible. Settlements can often be much higher when you have a lawyer representing you.

After an accident, there are many reasons to call your lawyer. If you’ve been injured, if the other driver is uninsured or underinsured, or if you think the accident was caused by negligence, it’s time to pick up the phone and call a personal injury lawyer. These are just a few of the situations in which legal representation can be vital to getting the compensation you deserve. We hope that you find this blog post helpful.…

Mistakes to Avoid When Hiring a Compensation Lawyer

Jesse Landeros/ March 26, 2021/ Compensation Lawyer

While working at your workplace, you are exposed to so many hazards. Unfortunately, you could sustain injuries due to slipping and falling, machine problems, and others. Dealing with such work-related injuries can be so challenging. When you include the ensuing pursuit for your rightful compensation, it can get more complicated. Luckily, you can hire the best compensation lawyer to help you with your case as you recover and try to get back on your feet.

However, as you look for a compensation lawyer, you could make some mistakes that may ruin your chances of getting fair compensation. Below are some of the mistakes to avoid:

Failure to Ask Relevant Questions

not asking the relevant questionsBefore hiring a lawyer, you will meet several of them. During the initial meetings, you need to ask the attorney all the crucial questions to gauge their expertise, experience, and suitability for your case.

Unfortunately, you could fail to ask those questions, perhaps, due to fear or just not knowing what to ask. That way, you may end up hiring a lawyer you will not feel free to work with or who does not have all the qualities and experience you would wish the attorney handling your case to have.

Not Getting Referrals

You should not make the grievous mistake of not asking your friends, colleagues, relatives, and other people who may help, for recommendations for the best compensation lawyer. The chances are that someone you know has ever hired a compensation lawyer, and they can recommend them to you. As much as you can use the Yellow Pages and online resources like websites and social media to get a lawyer, getting referrals is better.

The people recommend to you the compensation attorney they have worked with and offered them top-notch service, so you are sure you get the best professionals. Besides, it narrows down your choices and enables you to do thorough research about the few you have on your list from the referrals.

Not Hiring a Specialist in Compensation

It would be best to ensure you hire a lawyer who has specialized in workers’ compensation. Such lawyers have a good record of success in the lawsuits they have handled. The best thing about hiring an attorney specialized in compensation is that they have a good grasp of the related laws and are up to date with any developments in such an area of law. Besides, they understand the local medical practices well and will help you get the best medical care. Additionally, they stand better chances of getting you the compensation you deserve.…

Reasons to Hire a Lawyer for Your TPD Claim

Jesse Landeros/ February 23, 2020/ Disability

There are many misconceptions as far as hiring a lawyer is concerned. The main one is that hiring a lawyer is both unnecessary and expensive. That is the case if you want to make a total permanent disability claim for serious illness or injury. The following are some of the reasons you should hire a lawyer for your TPD claim.

Get Legal Advice

The truth is that it is quite difficult to make this claim without proper legal representation or advice. You should note that different insurance companies and super funds providers have varying definitions of TPD. That also means there are other requirements. You may be required to prove that you cannot make a successful claim, and in another, you may find it difficult to prove your case.

Collecting and Submitting Evidence

There are other things involved in your TPD claim process. For instance, there is a need to look at how your employment is classified. Ideally, the way you are employed or the number of hours you work each week can affect your case. Considering your situation, you will have to prove that your injury or illness makes you incapable of performing different tasks in your daily life. For instance, you may be required to provide evidence that shows you can no longer bathe yourself, feed, do household chores, and use the toilet without assistance.

Determine Your Chance of Success

An experienced lawyer can easily and quickly assess your situation to determine whether you have a viable claim. If that is the case, the lawyer can help you identify the evidence required to support the case. Moreover, the lawyer will have the skills and experience required to carry out all the paperwork associated with making a TPD claim. This is quite critical because of the complexity and length of the TPD claim form.

Filling TPD Application Forms

It does not matter whether you are capable of filling the TPD application forms; there is a need to consult experienced lawyers first. That is because some insurance companies use the ability of the applicant to do as evidence that you do not have TPD.

Legal Representation

Your insurance company can reject your TPD claim because of pre-existing illnesses and non-disclosure of medical conditions. If an insurance company denies your claim because of existing injury or illnesses, a TPD lawyer can help you.…

Reasons Why You Need a Personal Accident Attorney

Shawn Lay/ February 13, 2019/ Personal Injury

Trying to file a personal injury claim on your own is never a good idea. This is because the people you are fighting against are aware that you do know much as far as legal matters are concerned and for this reason, they might take advantage of you. After a personal accident, you deserve an efficient compensation. It is, however, good to acknowledge that this is not going to happen if you are going to handle the situation on your own.

If one of the reasons why you do not intend to hire a personal accident attorney is because you think it is expensive, then you need to acknowledge the fact that you have been all along wrong. There are many benefits that you are going to get from hiring a personal injury lawyer.

The Exact worth of your Claim

Trying to file a personal injury claim on your own means that you will try to guess the worth of your claim. That is definitely not a good idea as you are going to lose a lot of money. A personal injury attorney who has been in the legal world for a long time knows how much worth your claim is. This means that he/she is going to use the right legal argument to ensure that you get what is rightfully yours.

Some people decide to use online tools to establish the worth of their claim. While that can tell you your worth, the truth is that you might not be able to argue in a court of order to get your compensation. This makes hiring a personal injury attorney the best option.

Legal Process

lawThe legal process can be complex especially for people who are not lawyers. Sometimes you might be confused when trying to follow the legal processes. Hiring a personal injury attorney puts you away from such havoc. This is because an attorney understands the legal process and therefore means that they are going to take the shortest time possible to complete the process.

Improves you Odd

When the people trying to suppress your justice realize that you have a good lawyer behind you, they tense. The tension itself is enough to improve your odds because they know that it will be hard for them to win the case. Also, the fact that the personal attorney has been in the business for a long time means they understand which button to press to get desirable results.…

How to Hire the Best Drug Crime Defense Team in Oklahoma

Jesse Landeros/ December 6, 2018/ Law

Just like in any other state around the world, the streets of Oklahoma are well-known for the tough laws imposed on drug crimes. Possession, usage or involvement in any drug business can hurt your reputation and freedom. We have witnessed many people rot behind bars because of drug-related charges. If you find yourself in such a situation, you should hire an experienced drug crimes lawyer in Oklahoma to represent you before the judges. An experienced drug crimes attorney can play a huge role in protecting your rights, getting a fair judgment or getting released based on your defense. In this guide, we will show you how best you can choose a drug crimes lawyer in Oklahoma according to https://www.oklahoma-criminal-defense.com/drug-crimes.

priceConsultation and Services Fee

The firsts thing to do when you are charged with drug crime is to look for a good attorney who is affordable. Most experienced drug crime attorneys do not charge consultation fees. However, some still charge based on how you agree with them. You may become reluctant to spending money on a dug crime since you think you will still be locked behind bars. It is important to spend money on hiring an experienced legal advocate because they can help you win the case or get a fair verdict based on the quality of your defense team.

Experience

As aforementioned, drug laws in the state of Oklahoma are very strict. If you do not hire an experienced drug crime lawyer, you may be fined and sentenced for quite a long period. To avoid being locked for all those years, you need to seek representation from an experienced attorney in Oklahoma. The constitution outlines that drugs are affecting the morals of society and when you are caught whether guilty or not you will suffer badly. To avoid being taken advantage of by the court, choose an experienced lawyer who knows how to handle such cases.

Professionalism

When looking for a drug crime lawyer, ensure that you choose the best based on their level of professionalism. You expect to hire a drug crime defense lawyer, who will argue on your case and negotiate with your prosecutor in a professional and civilized way. Their professionalism will surely play a huge role in twisting the outcome of the case on your favor. The charges can be dismissed even when there seems like there is no way to free from the charges.

Reputation

Choose a reputed attorney who will represent you against the prosecutors and win the case because they are very influential. They should have a couple of solid victories on the previous drug cases that they have handled in the past. Therefore, when choosing a drug crime lawyer in Oklahoma to ensure that they possess a good reputation.

on the phone Communication

A good criminal defense lawyer should be articulate when airing his or her view and arguments. A good drug case defense lawyer should be great in communication. Proper communication skills can surely add an advantage to your side. A good communicator will have the skills to make the prosecutor dismiss the case or give you a fair sentence.…

Critical Factors to Consider Before Hiring a Personal Injury

Shawn Lay/ November 28, 2018/ Personal Injury

If you have been involved in any type of accident, the pain and disappointment can be overwhelming. The situation can even be worse when the people who contributed to your misfortunes refuse to take the responsibility. Anytime you find yourself in such situations, the best thing that you can do is to hire a personal injury lawyer.

However, you should understand that not all those people who call themselves personal injury can help you get the justice that you seek. Some are just willing to help you because you are paying them but they do not have what it takes. This is why you need to do your homework first before you hire a personal injury. Always remember to put the following factors into consideration when looking for the best car accident lawyers.

Experience
When it comes to legal issues, knowledge is very essential. Here, you are not supposed to look at the number of years that lawyer has been in the law industry, but also their specialization. You are not looking for a general, but someone who is focus and specialization lies in the personal injury. The good thing with having a personal injury lawyer who has been in the legal system for a long time is that they know the tricks used. Therefore, your defendant cannot take advantage of you in any way.

Testimonials

onlineWhen looking for a personal injury lawyer, it is essential to spend some of your time trying to learn about what other people who have used the lawyer’s services before you think about them. They assert that there is nothing distinct under the sun and I could not agree more. If the personal injury has never done a good job in the past, you can always tell after looking at the reviews. With that information, you can always know what to expect if you go ahead to hire such a lawyer.

Accessibility

The accessibility is another important factor that you are supposed to consider when looking for a good personal injury lawyer. For you to be in a position to win your case, you will need to work closely with your lawyer. This, however, can be quite hard if your lawyer is not going to pay full attention to your case. Lawyers who cannot make themselves available when you want them are not suitable for you and you should, therefore, ensure that you avoid them by all means possible. You can identify such lawyers through reading online reviews.…

Law: Legal Issues Facing the Trucking Companies

Shawn Lay/ August 25, 2018/ Law

Law is broad, but the good thing is that it covers every aspect of life. As people continue to live, they get revised legal clauses that enhance operations that surround them. Trucking companies have numerous legal issues that surround them, and they keep adding to the list. The truck drivers, owners and the fleet companies that manage them need to understand more about these legal issues so that they operate smoothly. Here is a list of the common ones they must comply with.

ELD Compliance

Recently, the law has introduced a new concept in the trucking industry; the electronic logging device compliance. This is for the purpose of handling legal cases where lawyers can investigate the behavior of a driver and their driving habits. The law requires that for attorneys to investigate the driving habits of a truck driver, the device must be connected to the engine and that drivers should logging and out every time. Instead of going through log books and journals that are manually entered, the digital files will be more reliable in accuracy.

Cargo trucks

Cross-Border Issues

Different countries and states have their guidelines on anything. When trucks are crossing from one state to another, which is most likely, they have to face various legal compliances from what they are used to. Trucking companies which ferry good from one country to another will have to comply with all applicable laws. Some of these include special vehicle registrations, international licenses for the truck drivers and change of driving lanes where applicable.

Insurance Compliance

Insurance covers do not cater for every aspect that faces the truck drivers. In most cases, the vehicles, cargo or the drivers may be left exposed. For example, cargo loss through theft may not be covered by various jurisdictions.

Most people have complained about such issues, especially those who do not understand insurance policies of foreign countries they wish to operate in. If you can get a local insurance agent with international knowledge, then they can help you understand what needs to be done.

Employee Work Permits and Licenses

All truck drivers need to have a license to drive trucks. The challenge comes in when some of them have not met all the qualifications that are required. Further complications come in when the drivers have to drive the trucks into another state that have different qualification parameters.

Some states have strict measures revolving around work permits and may hinder smooth operation for the trucking companies with unqualified yet competent drivers. According to research, some trucking companies have to exchange drivers as the trucks are crossing borders just to be on the safe side of the law.

Trucks on road

Food Safety Regulations

Quite a large number of trucks are involved in food hauling business. Whether it is that truck delivering dairy products from the factory to departmental stores or one carrying imported dry food from the port, they all have to meet various food safety regulations.

This can vary from state to state, and those that wish to cross borders must always comply. As much as it might be challenging, the law must be followed and breaking it can lead to a punishment.…

Top Reasons Why You Should Hire Legal Experts

Shawn Lay/ August 20, 2018/ Law

Whether it is a legal conflict, you are experiencing or just trying to reconcile with your partners, finding a good legal expert can be very helpful. Trying to handle a situation that involves a lot of legal requirements when you know that you do know much about the law can be very costly. So it is always recommendable that whenever you a problem that requires legal knowledge, you seek assistance from legal experts. Here are some of the reasons why hiring a professional Orlando mediation attorney is very important.

The complication of the law

gavelThe law is wide and complicated. This is something that you can easily note by observing how cases are argued in a court of law. In fact, not all lawyers are capable of properly articulating their issues properly when they are in a court. This proves how hard it can be to you if you try to handle legal matters on your own. It also tells you that you need to be keen when it comes to finding a good lawyer who can properly handle your situation.

Save your money

Some people think that having a lawyer can cost you a lot of money. That is a wrong perception that you should abandon. Did you know that a criminal case that you could have worn if you had a good lawyer can make you spend a lot of time behind bars? Well, those who fail to figure out this realizes this when it is too late. That is something that you do not want, and you can only avoid by ensuring that you hire a good lawyer. You also need to understand that some lawyers do not collect a dime unless they win the case. This, therefore, gives you no reason as to why you should not hire one.

Lawyers have convincing power

One of the many characteristics associated with great lawyers is that they are convincing. So even if you wanted to reconcile with your partner, you could be sure that they will help you out of it. When it comes to court matters, they can use their convincing power to suppress the evidence provided against you and therefore make your victorious.

Research oriented

gavel on judge tableFor a lawyer to win a case in the court of law, he/ she must have done extensive research. This, therefore, tells you that if your problem demands that there be an extensive research, then this is the right people who should help you out of it.…

Dangers of Drinking and Driving

Jesse Landeros/ June 18, 2018/ Law

Driving when you are drunk is highly discouraged because it has a negative impact on the driving ability of the driver. The effects of driving while you are drunk vary greatly depending on the amount of alcohol that has been consumed. In the case you are in trouble as a result of driving while you are drunk, DUI & DWI FAQ will come in handy.

One of the prerequisites when driving is alertness and right concentration. A good driver is that one who is always ready to react to situations and make sound judgments. One of the queries raised by the alcoholics is the dangers of drinking while driving. This article talks about some of the dangers of drinking and driving.

Slow Reaction Time

man drinking while drivingOne of the requirements of all the drivers is to have a fast reaction time. When driving on the road, you might come across an object which might require your quick response to prevent an accident. When you are drunk, the alcohol in your bloodstream will affect how you will react to the various situations that you will come across.

This means that when you are driving, you are more likely to cause an accident than a person who is driving when he is sober. If you are driving and the car in front of you suddenly brakes you may not be in a position to immediately apply the brakes if you are drunk.

Lack of Coordination

Driving requires excellent coordination of different parts of our bodies. When you are driving, your eyes, hands, and feet should have good coordination.

People who do not have great coordination skills have a hard time driving on the roads. Alcohol affects the coordination of the different parts of our bodies. People who are drunk usually have blurred vision and difficulty in walking. Such a person can easily cause accidents on the road.

Reduces Concentration

Driving on the road requires great concentration since there are other road users. Regardless of the amount of alcohol that you take, it will affect your focus.

To stay in your proper lane and to make the required turn, you will need to have the required concentration. Taking alcohol will reduce your attention and therefore, increase the chance of causing an accident.

Decreases Vision

man driving with a friend When you are driving, you will need to see where you are going. Taking alcohol will blur your vision and therefore, enhance your chances of causing an accident.

Impaired vision is dangerous as you may underestimate the distance between you and the other vehicles and thus lead to crashes. Also, when you are drunk, few objects will be visible within your peripheral. This means that you will easily cause road accidents.…

ESSENTIAL ELEMENTS OF MEDICAL MALPRACTICE

Jesse Landeros/ May 6, 2018/ Uncategorized

Medical malpractice is a tort of negligence that seeks to award compensation to victims of professional negligence. This type of law was developed on the premise of English common law. Courts have overtime developed legislation that is intended to guard and protect the interests of litigants. Professionals are trusted to discharge their functions diligently and skillfully. Therefore, when a practitioner breaches the trust that is bestowed upon them, then it is incumbent upon the court to punish them and award damages to the claimant. Without such law, it is feasible that the society would be in absolute chaos and disharmony.

Medical malpractice can take several forms, including the prescription of wrong medication,balance administering incorrect medication, wrongful amputation, misdiagnosis, paralysis and surgical errors. A person aggrieved by such professional negligence can adequately recover compensation through litigation. In such a case, the claimant is mandated to present evidence to substantiate his claim and lay liability on the respondent. Adequate compensation describes successful litigation by the claimant so you need a medical malpractice attorney who is skillful enough to obtain a good settlement based on the circumstances of your case.

However, evidence is not enough. There are elements of negligence that ought to be fulfilled in a successful claim. These elements are listed as follows:

Duty to the patient

Primarily, there should be a doctor-patient relationship in order for a claim of medical malpractice to succeed. Once this relationship is established, then automatically the doctor will be said to owe the patient a duty of care. This duty requires the doctor to exercise his skills professionally and reasonably for the benefit of his patient.

Breach of duty

Having established the existence of a duty of care, it is sequential that the claimant proves that the respondent breached the duty. It should be shown that the doctor failed to exercise reasonable care and that such negligence resulted in harm to the patient.

Injury

statueThe negligent actions of the doctor must have caused actual harm to the patient. Harm can be physical or emotional. It should be proven that the injury was as a result of the actions of the doctor. The injury must be new and directly connected to the act of negligence.

Damages

Emotional and economic damages are requirements that will substantiate a valid claim.Examples of such damages are loss of income, medical bills, and discontinuance of employment. Similarly, pain and suffering is a form of emotional damage from which you can seek compensation from the court.…

Attain US citizenship with the help of an immigration lawyer

Shawn Lay/ April 10, 2018/ Immigration

Ignorance has no defense–this law caption is what should be clear in your mind before taking on certain stands. The immigration lawyers are the blessing of the recent, which should not be ignored by any person who is looking forward to migrating to new countries. Due to the lack of knowledge about the right personnel to approach for immigration issues, many people get troubled with a whole lot of problems.

In life, information is of paramount importance, pressing the right buttons is what one needs to be on the safer side of not only the law but also life. The immigration lawyers are some of the personalities, who are out to assist those with problems ranging from difficulties of getting citizenships all the way to the visa. But you can definitely attain US citizenship with the help of an Immigration lawyer in TN.

Why immigration lawyers?

These are certified and well-qualified personnel, who can highly equip one with legal knowledge and procedures towards solving immigration and citizenship-related problems.

law books

These lawyers do quite some things, which will be discussed below.

Acquiring permanent US citizenship

These professional lawyers will advise an individual on how to get the visa into the US without breaking the law and wasting resources. Getting a visa, which is the gate pass into the US, has for long been an issue for individuals who would like to migrate and acquire citizenship. The specialized lawyers are the right personnel that one needs to see in the case of a problem involving immigration cases. The lawyers do not only give you the procedures to follow but also will assist you to get justice whenever you are having an issue involving your visa.

The residence cases, involving green cards acquisition procedures, are also the duties of these lawyers. They will assist you to acquire your green card easily in case there is a controversy, which is arising on obtaining the green card. For a new immigrant in the US, these lawyers are the people to hire if you ever need justice.

Dealing With Deportation Cases

passportThe deportation cases also fall under the responsibilities of an immigration lawyer. To those individuals, who are troubled with cases which can make them deported to their mother countries, the immigration lawyers can professionally help you get out of the problem. Having the right knowledge and knowing the right are two vital things that one need to have in the event of deportation cases. The lawyers of immigration will equip you with the right knowledge, which will be a push at help you to understand your rights and the ways of attaining justice.

In conclusion, you will be able to say goodbye to all the stressful problems that may arise in the process with an immigration lawyer, individuals, who are facing problems in obtaining permanent citizenship or entangled in a deportation case, it is a smart decision to hire a good immigration lawyer.…

Duties of a criminal defense attorney

Jesse Landeros/ December 30, 2017/ Law

Lawyers play a fundamental role in the society that cannot be overstated. Human rights are primary to every individual in any jurisdiction, and therefore it is vital to have advocates in handy to assist in their enforcement and protection. The legal profession is very dynamic because it directly affects the lives of the people on a daily basis. Criminal law is premised on the presumption of innocence until proven guilty and in this regard, it is important to procure the services of an attorney that will ensure that your rights are protected throughout the litigation process.

Defense attorneys in Springfield, MO play different roles in the litigation of a criminal case. Such attorneys representlaw the accused persons in crimes that are considered to be against a state and not a particular individual. Felonies, robbery with violence and narcotic offenses are example of crimes that are prosecuted by the state against the accused person. Therefore, you need a good criminal defense attorney who will ensure that justice is not miscarried at the end of litigation.

An attorney has duties to the court, the client and the profession and these functions are elucidated as follows;

Duty to the legal profession

An advocate is considered to be a minister of justice, and this is the most important duty of a lawyer. The advocate in meant to ensure that at the end of the proceedings justice is upheld and the rights of his client are protected. Justice is supposed to be dispensed on the basis of substantive issues and not procedural technicalities. Therefore, a defense attorney must strive to illuminate the substantive merits of a case in advancing his arguments in court. The emphasis of procedural technicalities might result in the miscarriage of justice and a failure of an advocate in discharging his duties.

Duty to the court

gavel on deskIn principal, a criminal defense attorney is an officer of the court and therefore he is bound by the rules of procedure that are inherent in litigation. An advocate is required to make decisions that are aimed at truth-seeking and establishment of justice.

Further, a lawyer as an officer of the court is required to abide by the confidentiality rules in the litigation of his client’s rights. Also, the advocate is required to refrain from actions that would result in dishonesty, misrepresentation, and fraud.

Duty to client

A defense attorney is required to represent his client zealously and judiciously in pursuit of justice. His actions are supposed to be meticulous and within the bounds of the law.…

Tips For Choosing A Good Bankruptcy Lawyer

Jesse Landeros/ September 23, 2017/ Law

Bankruptcy is a court process whereby the judge determines whether or not to discharge an individual of their debts. If overpowered by heavy debts, it is advisable to seek help from a bankruptcy lawyer. Bankruptcy law is complex, and a simple error could lead to loss of a lot of property. A bankruptcy lawyer is an attorney that has specialized in dealing with bankruptcy cases. One needs to hire a bankruptcy lawyer, for instance, Bolinske Law’s bankruptcy lawyers to help them navigate the bankruptcy process.

Choosing A Good Bankruptcy Lawyer

Roles of a bankruptcy lawyer

• The attorney explains bankruptcy to you, the risks involved and what type of bankruptcy to file fordebt depending on whatever state you are from.

• They take you through the process and prepare the petition documents which are very lengthy. After the petition, the creditors are banned temporarily from contacting you.

• The attorney also offers advice to you after the case on how to manage funds well and avoid getting heavy debts again.

How to choose a good bankruptcy lawyer

1. When looking for an attorney, it is best to consult friend, relatives or workmates that have dealt with bankruptcy before. If you have little funds, it is best to contact nonprofit organizations for help in getting a lawyer. You could also consider searching on the internet for a bankruptcy firm, however, be careful not to get scammed.

2. Select an attorney who you are comfortable with. By the time you are filing for bankruptcy, you are usually very stressed, and it is hard to think straight. Therefore, choose a lawyer who is friendly, trustworthy, understanding, supportive and qualified. This way, you will feel comfortable during the whole process because you trust your attorney.

3. It is important to look for a good law firm. Look at the reputation of the company you plan to hire. Big firms may charge expensively while small firms are maybe less pricey and keener with cases. However, avoid bankruptcy companies that have low charges and luring advertisements. Before planning to hire them ensure you do your research well.

4. One can also go to their local court and inquire for a practicing bankruptcy attorney. Depending on how complicated your case is, you could get a less experienced lawyer with less pay and if your case is difficult, go to an experienced lawyer.

5. Make man smiling an appointment with the lawyer for a consultation. This way you will determine if the lawyer is qualified by asking a few questions, for instance, the number of cases they have handled per year, how long they have been practicing law. You could also interview some attorneys over the phone. During the first meeting, you will establish how available the lawyer is, their personality and whether their recommendations are good.

In conclusion, it is important to look for a qualified lawyer to make the price worthwhile. Depending on how complicated the case it is advisable to seek consultation first on how best to resolve the debts issue.…

Choosing Divorce And Personal Injury Lawyers

Traci Mansfield/ April 11, 2017/ Law

When you have a personal injury case or a divorce case, the best thing that has to do is hire a divorce lawyer. There are processes that you have to follow during the case. You may not be knowledgeable on some of the areas required. It will save you a lot of stress. The first thing that you have to do is look for a lawyer. Law Offices are usually open for all the divorce and personal injury law concerns. Here are just some of the factors that you should consider before you hire a lawyer.

Considerations

Budget

gavelDifferent attorneys have different charges. Therefore, you should look for an attorney that offers their services at affordable fees according to your needs. If you are on a tight budget, you should go for a lawyer who is not expensive. Doing research will help you in getting an attorney with an affordable cost.  However, there are some kinds of services that are charged higher than others. Do not simply go to a lawyer because he offers low costs; you may have to pay a lot of money in the end.

Experience

If you want to increase your chances of winning the case, then you should look for an experienced lawyer. Furthermore, an experienced attorney is more knowledgeable and will handle the case accordingly. You can also ask the lawyer of the cases that he has on in the past. It is always better to be safe than sorry. An inexperienced lawyer may lose the case leaving you to pay a lot of money in the end.  Therefore, you have to make sure that you choose the most experienced lawyer. You can ask your friends for reference if you do not have any idea of where to look for a lawyer.

Qualifications

Lawyers are required to have undergone some form of training before starting their practice. They have to go through the training before they can start their practice. Make sure that you do not hire an attorney without the qualifications you have the right to ask the lawyer to show you his qualifications before you hire him. It will save you a lot of time. You do not have to spend your money on someone who is not qualified.

Availability

balance 2If you want a lawyer who is available all the time, then you should look for such a lawyer. On the other hand, if your case does not require a lot of time, then you can chose a lawyer who is available at the time you need him. You do not have to hire someone who is not available when you need him.…

Qualifications Of A Personal Injury Lawyer

Jesse Landeros/ February 1, 2017/ Law

Undergraduate

Most law schools require students to have earned an undergraduate. An undergraduate in the following disciplines is an advantage to being admitted to law school, social science, English, political science, and history. However, some law schools are flexible in admission and can pick a student from whichever discipline. Some law schools have a pre-law examination after attending classes of course.

General information

LSAT test

balanceLaw schools require their prospective candidates to attain the LSAT examination. This examination is usually a multiple-choice kind of examination. It examines the learner on task management, logic, critical reading, and research. To be admitted into the law school is very competitive and usually depends on the mean average of the learner.

The score attained in the LSAT examination is also considered. Learners are encouraged to take the mock examinations that are usually administered by the office of the lawyers or the law schools themselves. The mock tests prepare the students and give them a platform to work with the certified professional.

Undergraduate in law

A law degree requires the student to study three years after the previous undergraduate degree.
Year one: The courses of study in tear one entail general legal topic. Some of these topics include torts, property, contracts, criminal law, legal writing, and constitutional law.

Year two and three

Year two and three involve elective courses, i.e., civil litigation, medical malpractice and advanced tort law and courses related to personal injury. Notably, you have to obtain the first degree from a recognized institution. The institution must also have been accredited by ABA which is the professional body that admits lawyers upon graduation. It is desirable to get an internship in a law firm that has the personal injury as one of their departments.

Take a bar exam

You need to get a license to practice in this profession. The licensing is famously referred to as bar admission. The lawyers need to pass the bar examination before they are admitted to the bar. The bar exams are not specified to personal injury but are uniform for all pursuing law. The exams should be taken in the region your intent to practice law.

MPRE examination

The MPRE is a multi-choice question that measures the understanding of the professional conduct of a lawyer. MPRE a requirement of the America Bar Association (ABA). It is not to evaluate an individual’s ethics but to see their understanding of professional conduct and how there are applicable in the scenarios such as criminal wrongdoings , contempt, , and censure in due course of the job.

Continue education

justiceA personal injury lawyer ought to further his education to maintain his bar status. The studies can be carried out at the Centre of Professional Studies as made available by ABA. The continual study by the lawyer keeps him/her abreast with the continual current changes and advance in the profession of personal injury.…

The roles of an immigration lawyer

Shawn Lay/ January 6, 2017/ Uncategorized

Immigration lawyer assists people who are interested to live in one country and have problems with immigrations or has some difficulties with all the information.

The following are the roles of an immigration lawyer:

As a provider of service to the business

The lawyers who provide essential services are the immigration lawyers. In most of cases, business people use immigration attorneys on a regular basis. There are various kinds of immigration lawyers who help the clients with high-quality services. The lawyers who help the non-residents obtain visas for work purposes are the employment immigration lawyers, and these visas have limited.

A person with a work visa can accompany his/her children and spouse into the country, and every year thousands of employment visas are issued in the country.

There are various kinds of visas, and for any particular situation, the lawyers are always there to guide the clients regarding which kind of visa they require.

Acts as a mediator

writing on paper

The roles of the immigration lawyers are always unique, and they act as the mediators between the immigration authorities and the clients. They do not handle any kinds of civil disputes as the other lawyers in the United States do.

As a provider of visa

Rodriguez Law – Immigration Law Offices can provide assistance to the people who want to proceed for a visa or a green card or to submit an application for any immigration document.

As a case solver

Situations may be serious when the applicant is convicted of a crime, and in such cases, the immigration lawyers play a key role. The entire criminal record of the applicant must be disclosed in front of the immigration lawyers.

As a guide

Prevent you from making the mistakes – Immigration and Visa is not completed with just filling one odd form. There are several things that you need to look around, including the rules and regulations. If you are not updated with the rules and regulations, there are problems that can come up.

consultation

You start dealing with those problems out rightly, and the situation becomes too critical altogether. The Immigration lawyer is your genie. He or she will update you on the rules and regulations and guide your way through. As a result, you are less likely to make the mistakes

As a mentor

Acts as your mentor – The lawyer apart from doing the job, for which he or she is qualified, can also act as your mentor. You can get advice, and follow ups on your specific concerns. You can also talk to him or her as you talk to your friend. All information related to Immigration can be relayed directly to you, and this information is of great help to you in the later stage.…

Top Five Questions About Overtime

Jesse Landeros/ March 22, 2016/ Employment Law

Overtime, straight time and another compensation for entering trainee programs is often an area of litigation. Training is often an area of litigation where overtime claims are filed to demand not only payment for overtime but for a straight time when wages are not paid because the rules are often misinterpreted. There are several questions that arise when it comes to overtime.

Lets have a look at the top five questions about overtime

What is overtime?

sad womanOvertime is the time you work over and above your contracted hours. For example, if you are contracted to work 8 am to 4 pm Monday to Friday (45 hours), and you stay late to cover for someone who hasn’t arrived for their shift or to get a project finished, this extra time working is classed as overtime.

Some may wonder overtime legal?

Oh! Yes, overtime is legal, and a lot of us do it. However, there are rules regarding how much overtime you can do. Legally, you should not work more than a certain number of hours in a week. If your overtime means you are working more than these hours a week, then it could be illegal. There is a way around this, a written agreement signed by both the employer and employee; if you and your employer sign a contract saying you are happy to work with a certain number of hours a week, then this is legal.

Does overtime always have to be paid?

Each employer has their policy regarding pay for overtime; you should check your contract or your employer’s terms of business to find out yours.

What is unpaid overtime?

Unpaid overtime is the overtime that you work but do not get paid for. You are effectively working for free when you do unpaid overtime. Unpaid overtime is perfectly legal as long as your average pay for the total hours you work does not fall below the national minimum wage. If you end up doing so many hours that your average wage drops below minimum wage, then the amount of overtime you are doing becomes illegal.

Is it possible to be made to do overtime?

man on laptopYou can be asked to do overtime, paid or unpaid. You should refer to your contract if you are unsure what your employer can or cannot ‘make’ you do. Each employer has different policies, and you may have already agreed, by signing the contract, to do overtime if asked. In that situation, refusing to do so could be seen as a breach of contract or misconduct. However, if your contract is silent on overtime and you are asked to do some and refuse, you should not be sacked, especially if what is being asked is unreasonable.…

Steps To Making Secure Estate Plans 

Jesse Landeros/ February 12, 2016/ Will

For those with significant assets, planning for what will happen to your estate and family after you’re gone is imperative to avoid heavy taxes and to protect future generations. But even those with a more modest net worth have substantial reason to make sure their estate plans are solid and strong. Legally binding estate plans allow you to determine exactly how your property should be distributed, reduce the odds of family discord, ensure that your minor children are cared for, and avoid unnecessary and lengthy court proceedings. A solid plan is simply the map you leave behind for your family to go on without you.

Here are Steps to making secure estate plans

Create a valid will

signing a paperIt’s a harsh reality, but most of us know that having a will is necessary. You need the will to make sure that the heirs you’ve chosen will receive the assets you specifically want to leave them. If you don’t create a valid will before you die, your property distributed according to state laws of intestacy. In the majority of states, that means your children and spouse will split all of your assets and your legacy if you wanted a friend to receive them instead.

Set up a living trust

Another way to establish secure estate plans is to set up a living trust. If your property held in a living trust, your heirs will be able to skip the expensive and time-consuming process in probate court.

Establish health care instructions

It’s also imperative to consider your personal health care wishes. Having instructions set up for your care is important if you’re incapacitated and unable to make your medical decisions. Establishing a medical directive such as a living will and medical power of attorney gives the authority to make decisions on your behalf

Designate financial power of attorney

For your finances, consider designating a durable power of attorney which will give someone you trust the authority to take control of your property and finances if you are unable. This person will handle all of your finances and is typically called an attorney-in-fact or an agent.

Name a personal guardian for minors

You should also name a trusted adult to manage any property or money that any of your minor children receive from you. This same person is typically also the personal guardian you designate for your kids in your will.

Settle funeral expenses

funeralLastly, you can save your loved ones additional stress if you make your wishes official as far as whether you prefer cremation or burial. You can also set up a funeral prepayment plan or account at your bank that will cover any funeral expense…