If you or a loved one has been has been injured due to negligence on somebody else’s behalf you might want to seek the advice of a personal injury lawyer. Unfortunately, many times people who expect others to do the right thing find themselves taking advantage of because people fail to take responsibility for their actions. Even trying to settle with an insurance company can be tricky. Hiring a Personal Injury Law Firm will ensure that you are being treated fairly and that your legal rights are not being violated.
One of the biggest advantages to hiring a personal injury law firm to represent you is that they know what needs to be done. Your lawyer will look over all the details of your case and then confer with you on what should be done next. Part of your case will involve talking with the insurance company. Many cases can often be settled directly with the insurance company, but sometimes a case must be taken to court. With these different scenarios, it is important that you choose the right lawyer for your case.
One mistake that people make when hiring a personal injury law firm is thinking that they are all the same, but not all lawyers specialize in the same areas. Medical malpractice and workers’ compensation classes are two specialized areas of personal injury law, so you want a lawyer who specializes in those areas. There are also lawyers who specialize in specific injuries, such as burns or spinal cord injuries. Other firms will specialize in car accidents or even injuries due to using defective products. When choosing the right Personal Injury Law Firm you will want to find one that has the knowledge and experience to represent your case. Before making a decision on who you will hire ask if they have any experience with your kind of injury.
Something else that you want to look at when choosing a lawyer is how much the lawyer is going to charge. In normal cases, lawyers usually charge some type of retainer, but in most personal injury cases, lawyers often work on a contingency basis. How this works is that if you win your case they will receive a percentage of the settlement, but if they lose you won’t have to pay an attorney fee. If you lose your case, you might still be responsible for specific costs, such as the cost of filing the lawsuit, although this rarely happens. The normal percentage for personal injury cases is between one-third and 40% of the settlement, but workers’ compensation cases are often lower due to the tighter regulations. Before making your decision you will want to find out the percentage that they charge if you do win and any costs you will be responsible for if you lose.
One thing that you want to avoid doing when deciding on a lawyer is hiring a firm based on their advertising techniques. Lawyers that have full-page ads in the phone book or even on television often share advertising costs with other firms, the best personal injury law firms usually rely on referrals. Many times your best bet in trying to find a lawyer is to talk to a lawyer you trust so they can refer you to somebody who is experienced in handling your type of cases.
Sunday, January 16, 2011
Friday, January 14, 2011
Wrongful Death Case - What You Can Expect
In order to file a wrongful death case certain requirements have to be met, so a big part of your potential lawyer’s job is to find out if you have a strong case. Having to go through the trauma of an unexpected death of a loved one is not easy, but reliving it is often harder. However, in order for your lawyer to find out if you have a valid claim they will need to know everything that happened, so you need to be prepared to share your story.
During the consultation, you need to be prepared to tell your story, but you also need to be prepared to answer specific questions put forth by the lawyer. Most of the questions that the lawyer will ask revolve around the unexpected death of your loved one and your relationship with them. One of the specific questions a good lawyer will ask is if you can prove the doctor was negligent, and if it was those actions that led to the death of your loved one. Knowing your relationship status to the victim is important because only certain people are eligible to file a wrongful death claim, but you must also be able to prove your relationship status.
Once your lawyer determines that you have a valid claim the next thing you can expect from them is the filing of the claim. There is a lot of work involved in filing a wrongful death claim, which a good lawyer already knows everything that has to be done. One of the things your lawyer will do is help you in any way necessary to gather the evidence that is needed for your claim. Your lawyer will help you find any expert witnesses that are needed, but they can also help put together the medical records. Like many other medical malpractice cases the medical records are an important piece of evidence, in fact, without them the case wouldn’t exist. Your lawyer will help get the records and then put them together so they can show the jury exactly what happened.
You can also expect your lawyer to charge you, but unlike other lawyers, they will not charge an hourly rate. Most wrongful death cases are handled on a contingency basis, which means your lawyer will only be paid if you win the case. Based on this fee most lawyers will only take a wrongful death case that has merit, which is why there are so many questions in the beginning of the case. Even if you don’t win, the case you might still be responsible for the legal fees that are incurred throughout the duration of your case, such as filing fees. Any fees that you are responsible for along with the percentage the lawyer charges should be made available to you during the initial consultation.
During the consultation, you need to be prepared to tell your story, but you also need to be prepared to answer specific questions put forth by the lawyer. Most of the questions that the lawyer will ask revolve around the unexpected death of your loved one and your relationship with them. One of the specific questions a good lawyer will ask is if you can prove the doctor was negligent, and if it was those actions that led to the death of your loved one. Knowing your relationship status to the victim is important because only certain people are eligible to file a wrongful death claim, but you must also be able to prove your relationship status.
Once your lawyer determines that you have a valid claim the next thing you can expect from them is the filing of the claim. There is a lot of work involved in filing a wrongful death claim, which a good lawyer already knows everything that has to be done. One of the things your lawyer will do is help you in any way necessary to gather the evidence that is needed for your claim. Your lawyer will help you find any expert witnesses that are needed, but they can also help put together the medical records. Like many other medical malpractice cases the medical records are an important piece of evidence, in fact, without them the case wouldn’t exist. Your lawyer will help get the records and then put them together so they can show the jury exactly what happened.
You can also expect your lawyer to charge you, but unlike other lawyers, they will not charge an hourly rate. Most wrongful death cases are handled on a contingency basis, which means your lawyer will only be paid if you win the case. Based on this fee most lawyers will only take a wrongful death case that has merit, which is why there are so many questions in the beginning of the case. Even if you don’t win, the case you might still be responsible for the legal fees that are incurred throughout the duration of your case, such as filing fees. Any fees that you are responsible for along with the percentage the lawyer charges should be made available to you during the initial consultation.
Tuesday, January 11, 2011
Medical Malpractice Cases - What to Expect
Medical Malpractice lawsuits are one of the most common lawsuits filed now days because so many people want to believe that somebody else is to blame for any medical problems. A perfect example of this type of claim is a wrongful death lawsuit. Dealing with the unexpected death of a loved one is hard, so some people blame others to help deal with the grief they are feeling. In some cases, the person filing the lawsuit is right, but not all cases are considered malpractice.
The first thing that you can expect from a medical malpractice trail is both parties presenting their idea of the truth. The point of taking the case to trail is to determine what the truth is, which most people assume medical records will show everything that happened. The problem is that determining the truth is sometimes not as easy as it sounds because the medical records might not describe everything that happened. Another problem that you might run into when trying to determine the truth is who is at fault. Blame might not be able to be accurately placed because of nobody else being around when the malpractice supposedly happened.
During the course of the trail various pieces of evidence is going to be submitted for the judge or jury to look at. The evidence’s main purpose is to show the judge or jury the truth, but the problem with it is everybody can interpret the evidence differently. Evidence doesn’t just come in physical form; it can also come in the form of testimony. This can be a problem because not all witnesses are as credible as other witnesses are. A perfect example of the interpretation of evidence is in the case of Rodney King and O.J. Simpson. In both these cases there was an overwhelming amount of evidence that lawyers felt was significant proof of the defendant’s guilt, but in both cases the defendants were found not guilty.
The last part of a medical malpractice case is figuring out who is responsible, but also how much responsibility they should take for the accident. This is a very difficult part of the trail because blame is not always cut and dry. A perfect example of this is when something bad happens because something goes wrong with the medical equipment. In that case, it is easy to place full blame on the manufacturer of the equipment. However, if the person using the equipment is using the equipment incorrectly, who should be responsible? Would the manufacturer still be responsible or would the person using the equipment have to share the blame?
Medical malpractice cases are never easy. Many times these cases take an emotional toll on all of the people involved, especially the victims. Knowing what to expect during the trail is a huge help because it allows you to prepare yourself for everything that you might face.
The first thing that you can expect from a medical malpractice trail is both parties presenting their idea of the truth. The point of taking the case to trail is to determine what the truth is, which most people assume medical records will show everything that happened. The problem is that determining the truth is sometimes not as easy as it sounds because the medical records might not describe everything that happened. Another problem that you might run into when trying to determine the truth is who is at fault. Blame might not be able to be accurately placed because of nobody else being around when the malpractice supposedly happened.
During the course of the trail various pieces of evidence is going to be submitted for the judge or jury to look at. The evidence’s main purpose is to show the judge or jury the truth, but the problem with it is everybody can interpret the evidence differently. Evidence doesn’t just come in physical form; it can also come in the form of testimony. This can be a problem because not all witnesses are as credible as other witnesses are. A perfect example of the interpretation of evidence is in the case of Rodney King and O.J. Simpson. In both these cases there was an overwhelming amount of evidence that lawyers felt was significant proof of the defendant’s guilt, but in both cases the defendants were found not guilty.
The last part of a medical malpractice case is figuring out who is responsible, but also how much responsibility they should take for the accident. This is a very difficult part of the trail because blame is not always cut and dry. A perfect example of this is when something bad happens because something goes wrong with the medical equipment. In that case, it is easy to place full blame on the manufacturer of the equipment. However, if the person using the equipment is using the equipment incorrectly, who should be responsible? Would the manufacturer still be responsible or would the person using the equipment have to share the blame?
Medical malpractice cases are never easy. Many times these cases take an emotional toll on all of the people involved, especially the victims. Knowing what to expect during the trail is a huge help because it allows you to prepare yourself for everything that you might face.
Tuesday, January 4, 2011
Rockford IL Lawyers - Recent Medical Malpractice Studies
ALARMING AND COSTLY MEDICAL ERRORS; MAJOR ERRORS GO UNREPORTED;
LAWSUITS CONTINUE TO DROP (December 2010)
Recent studies confirm that our nation’s medical malpractice “crisis” is not a lawsuit crisis. It’s
the amount of medical malpractice itself.
Read this Report.
LAWSUITS CONTINUE TO DROP (December 2010)
Recent studies confirm that our nation’s medical malpractice “crisis” is not a lawsuit crisis. It’s
the amount of medical malpractice itself.
Read this Report.
Monday, January 3, 2011
Rockford IL Lawyers - How to Hire the Right Firm
With the number of Rockford IL Lawyers there are to choose from, making a final decision is a little overwhelming. Not every lawyer will be the right one for the job, so you need to make your decision carefully. Here are the steps you should follow when hiring an attorney.
Step one: Type of Lawyer
Finding the right lawyer is not just about determining what type of attorney you need, but the sub-specialty that you need. There are plenty of Personal Injury Lawyers in the Chicago / Rockford area, but all of them have different areas of expertise. For example, one firm may specialize in spinal injuries, while another firm specializes in wrongful death and medical malpractice.
Step two: Determine Your Budget
Most Personal Injury Lawyers do not charge per hour, but work on a contingency basis. Hiring an attorney on a contingency basis means, they charge you a certain percentage, which varies per attorney. The attorney does not receive this percentage unless they win your case. Determining your budget is important because if your attorney doesn’t win the case you are responsible for legal expenses incurred during the course of your case, such as filing fees.
Step three: Reputations
Checking out the reputations of Rockford IL Lawyers is important, no matter which method you choose. One way to look into their reputations is to ask your friends and family about any lawyers they used to handle their legal issues. You also need to find out if they would be willing to hire the lawyer again.
Once you have narrowed down your choices based on the referrals from family and friends you will want to do some further investigation. The internet is a great place to go to find out what others have to say about the attorney you are considering. While you can check out an attorney’s website, you won’t want to take too much stock in any testimonials on their page because they can come from anybody, not just actual clients. You will want to check out various legal forums to find out what others are saying. The Bar Association, as well as the Better Business Bureau is useful for finding out about any issues people have had with the firm.
Step four: Consult With the Lawyers
Many Rockford IL Lawyers offer you a free consultation, which enables you to come into the office and discuss the different aspects of your case. The consultation is a great method for finding out if you even have a case, which is important in personal injury cases. What the consultation is not is a chance to get free legal advice, most attorneys will simply outline what they can do to help you, give you a general idea on what you can expect, and offer you details on what they charge and what they are willing to do. A consultation is the perfect opportunity to get to know the attorney, which will often give you an idea about whether you like their style or not. If you don’t like the attorney there are plenty more to choose from.
Step one: Type of Lawyer
Finding the right lawyer is not just about determining what type of attorney you need, but the sub-specialty that you need. There are plenty of Personal Injury Lawyers in the Chicago / Rockford area, but all of them have different areas of expertise. For example, one firm may specialize in spinal injuries, while another firm specializes in wrongful death and medical malpractice.
Step two: Determine Your Budget
Most Personal Injury Lawyers do not charge per hour, but work on a contingency basis. Hiring an attorney on a contingency basis means, they charge you a certain percentage, which varies per attorney. The attorney does not receive this percentage unless they win your case. Determining your budget is important because if your attorney doesn’t win the case you are responsible for legal expenses incurred during the course of your case, such as filing fees.
Step three: Reputations
Checking out the reputations of Rockford IL Lawyers is important, no matter which method you choose. One way to look into their reputations is to ask your friends and family about any lawyers they used to handle their legal issues. You also need to find out if they would be willing to hire the lawyer again.
Once you have narrowed down your choices based on the referrals from family and friends you will want to do some further investigation. The internet is a great place to go to find out what others have to say about the attorney you are considering. While you can check out an attorney’s website, you won’t want to take too much stock in any testimonials on their page because they can come from anybody, not just actual clients. You will want to check out various legal forums to find out what others are saying. The Bar Association, as well as the Better Business Bureau is useful for finding out about any issues people have had with the firm.
Step four: Consult With the Lawyers
Many Rockford IL Lawyers offer you a free consultation, which enables you to come into the office and discuss the different aspects of your case. The consultation is a great method for finding out if you even have a case, which is important in personal injury cases. What the consultation is not is a chance to get free legal advice, most attorneys will simply outline what they can do to help you, give you a general idea on what you can expect, and offer you details on what they charge and what they are willing to do. A consultation is the perfect opportunity to get to know the attorney, which will often give you an idea about whether you like their style or not. If you don’t like the attorney there are plenty more to choose from.
Thursday, December 30, 2010
Rockford IL Lawyers - Do I Have a Wrongful Death Case?
The death of a family member is not something that anybody wants to face, but when it is a due to somebody else’s negligence or carelessness, it is even harder to handle. In cases like those, the survivors of the victim must look closely at what happened to determine if there is potential for a wrongful death lawsuit. Not all cases will qualify for a lawsuit, so you will want to learn what to look for before approaching an attorney.
Types of Wrongful Death Cases
Personal Injury Attorneys take a variety of wrongful death cases, but not all of them specialize in the type of case you have. Car accidents are one of the most common causes of a wrongful death lawsuit, but you also have medical malpractice, workplace accidents, and product liability that are quite common. Other types of cases that are not as common include children’s deaths, police misconduct, and nursing home deaths. What you need to do is identify what type of case you have and contact a lawyer who specializes in that area.
Who is Responsible?
In order for there to be a valid wrongful death case, somebody else is responsible for the death. Who is responsible for the accident can include government agencies, individual people, or business corporations; it all depends on what type of case you have. For example, if your husband is using a defective ladder, falls off the ladder, and is killed because of those injuries the manufacturer of the ladder they could be held responsible for his death. Alternatively, if your husband is not using the ladder correctly the manufacturer is not responsible for his death.
With these types of lawsuits, all you need to do is prove that the group responsible was negligent in their actions, which resulted in the person’s death. Something else to keep in mind is that in some cases more than one party is responsible. In that case, both parties will need to be named in the wrongful death lawsuit.
Who Can Bring Forth a Wrongful Death Lawsuit?
In most wrongful death cases, any relative that would inherit something from the deceased under the state’s probate laws can rightfully file the lawsuit. Some states will also allow domestic partners to file the lawsuit. The surviving spouse is the most common filer in these lawsuits, but that doesn’t mean they are the only people eligible to collect from the lawsuit because more than one person can qualify as a survivor. For example, parents who are financially dependent on adult children are survivors in the lawsuit, but so are any children who live with the victim for more than six months out of the year. Any qualified survivor is able to collect monetary damages, but the amount can vary.
These are just the basic factors that you need to know when filing a wrongful death lawsuit. Other rules and restrictions can apply, so be sure to check with a Personal Injury Attorney who specializes in wrong deaths.
Wednesday, December 29, 2010
Rockford IL Lawyers - Top Questions to Ask When Hiring a Personal Injury Attorney
Hiring an attorney isn’t the easiest thing to do because you want to ensure that you hire only the best. Personal Injury Attorneys are harder to find because you need to find one that specializes in a specific area, such as wrongful death or medical malpractice. What you need to do is learn the top questions to ask any Personal Injury Attorney to help narrow down your choices.
Asking Personal Injury Attorneys specific questions will aid you in making your final decision because you will understand more about that specific attorney and their processes. As an additional bonus asking certain questions will help, give you piece of mind based on their answers. You never want to hire a lawyer just because you can afford them; you want to be satisfied with the knowledge that they will represent you to the best of their ability.
Question #1
Do you offer free consolations? – Most Personal Injury Lawyers will offer the initial consultation at no charge to you. If an attorney doesn’t offer a free consultation, you should continue looking for one that does. Always ask this question on the phone before meeting with the attorney.
Question #2
Do you work on a contingency basis? - If so, how much will you charge if we are successful? – Most Personal Injury Attorneys work on a contingency basis, which means you are only responsible for paying a fee if you win your case. The fee is often a percentage of your settlement.
Question #3
Will I be responsible for any legal fees or case expenses if I lose my case? - Most lawyers will charge you for any expenses, such as filing fees, incurred during the preparation and handling of your case, regardless of winning or losing the case. You will also want to get an estimate of any fees that you will be responsible for.
Question #4
What fields do you specialize in? How much experience do you have in your field? – Personal injuries are not limited to auto accidents. You will want to find a lawyer who has experience in your type of case. For example, spinal injuries are a specialty in personal injury because of the special knowledge needed to prove the case. When it comes to experience, you want to find out how long they have practiced law, but also if they have any kind of trial experience. Never hesitate to ask for referrals and be sure to check them out!
Question #5
Who will I talk to when I have questions regarding my case? – Most people do not want to talk to a paralegal when they have questions involving their case, especially if they have to pay for it. Find out beforehand who you can expect to talk to. Lawyers are not always available so speaking to an assistant is normal. What you want to find out is how often you will be able to talk to your attorney compared to their assistant.
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