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Friday, August 22 2014

Cient Treatment Protocol

The personal treatment is important if the injured victim tires easily or sleeps for long periods of time without waking up refreshed. Keep track of any changes for your personal injury lawyers, as some abilities could have changed as a outcome of your personal accident injury. Your personal injury lawyer knows that the brain controls the body, from digestion to continence, communication, coordination of movement, judgment of distances, to what you may do with the right or left side of your body. All of these functions may be affected with brain personal injuries. The personal accident injury lawyer personal treatment may also assist if the personal accident injury victim is unable to put things in a sequence, like numbers and letters, and if telling time becomes difficult. The personal accident injury lawyer personal treatment may also assist if the personal accident injury victim is unable to put things in a sequence, like numbers and letters, and if telling time becomes difficult.

Client Symptoms

The personal accident injury victim could be anxious, depressed, or both. Chunks of memory could be missing, such as periods of time from the accident victim's life, or faces and names of friends and acquaintances. The personal accident injury victim could do things which seem unreasonable or illogical. These behaviors are a serious indication you need accident lawyers.

Whiplash Lawsuits

Since a whiplash injury may end up with ongoing pain for the victim, they should get personal injury law firm legal help, to assist handle whiplash claim cases. When a claim is filed the victim could be awarded recompense for their medical expenses and for the pain and suffering that they have to endure because of their injuries. A whiplash lawsuit is a legal option you can go after if you become disabled and are unable to work due to ongoing complications that are a direct result of your injuries. Victims who are hurt by a whiplash injury should contact a personal injury law firm legal help regarding recompense for their injuries. Recompense for auto injury, whiplash injury, outcomes of neck pain, back pain, disc herniation, whiplash injury, and pinched nerve can be gotten from experiences.

Successful Counteracting Of Personal Injury Defense

A business, individual or any other party can cause you a physical injury and make you suffer some consequent losses. On a practical point of view, it may seem that the individual carries all the responsibility for those losses. If convincing defenses are provided by the responsible individuals however, they can evade the responsibility either partially or fully.

Before filing any lawsuit for a personal injury, proper preparation on how to argue the defense is very important. The same case applies if someone files a lawsuit against you for causing them loss following an injury. You have to know what to expect from them and how you will counteract their argument and defense. The following is therefore what you expect from the insurance company or the defendant’s attorney during the lawsuits;

- You were partially at fault; this type of defense is commonly referred to as comparative negligence. It is a very strong defense in a lawsuit if not properly counteracted. It is aimed towards holding you partially responsible for your own injuries. The compensation therefore tends to be reduced due to the plaintiff’s personal contribution to his injuries. The plaintiff percentage fault is used by the jury to reduce the damage owed and award it. This rule is called comparative negligence. In some states however, even minor negligence or faults leading to the injuries by the plaintiff can be used to deny them any damage compensation at all. This rule is called contributory negligence and is used to determine personal injury cases in states such as Maryland, Alabama, North Carolina and Virginia. Insurance companies also consider the contribution of the plaintiff towards the accident and whose role it was to prevent it before making a settlement offer. If the defendant had a direct responsibility for the plaintiff’s safety, then higher damages are negotiated.

- You had prior knowledge of a possible accident leading to injuries; this defense can stand too and be used by the defendant or the insurance company to deny you compensation. They will try to prove that you knew of the possible risk of accidents in the activity but still went on to engage in it. This legal doctrine is known as assumption of risk in which the defendant argues that you assumed the possibility of an injurious accident and went on with the activity or behavior that increased the chances of the accident. If the defendant uses this against you, then expect no compensation at all. Assumption of risk make the injuries completely your responsibility. Take an example of breaking your arm in a skiing resort. Since this is a risky activity, it is assumed you already knew you were getting yourself into a dangerous activity but assumed the risk.

- Your injuries were pre-existing and didn’t initially develop from the accident; this is also a defense tactic that reduce the defendant’s level of responsibility for your accident and injuries. They will try to deny that your injuries resulted from that particular accident and maintain that you were already injured before the accident. They do this by tracing your medical history and looking for various physicians who treated you prior to the accidents. If circumstances had it that you sought treatment for a similar or close injury prior to the accident, then their defense will stand. In case of such a circumstance or you truly had such injury before, you can argue on the basis that the accident worsened and aggravated the injury. They therefore stand responsible for that. With adequate medical evidence too, you can convince the jury that the previous injury was dormant and didn’t require any further treatment until the accident occurred.

- Contractual defense; contractual evidence is very risk as far as arguing personal injury cases are concerned. It involves the defendant proving that you signed away your right to sue him for any unexpected occurrence arising from using his services or equipment. Take an example of a gym house. When signing the terms and conditions of use of their equipment’s, you may sign away the right to sue the owners due to injuries caused by the defects of the equipment or any emergencies, these clauses are tucked in between other terms and conditions and since few people take time to go through all of them, you end up unknowingly signing away your legal right to sue the defendant.. This makes it hard for you to argue the case.

If not properly counteracted, the above defendants’ strategies can stand against your lawsuit and deny you partial or full damage compensation.

Defining Pain In A Case

Pain and suffering in legal terms refers to degree of injuries suffered by plaintiff as a result of an accident. Legally, injuries cover physical, emotional, and mental suffering such as grief, worry, fear, and loss of enjoyment. Plaintiff can seek some amount from the at-fault party’s insurance company as compensation. Often, insurance company is bound to compensate for plaintiff’s medical expenses and lost wages. However, proof is required to establish that defendant is guilty of causing injuries. Personal injury lawyer must be able to provide the proof of the injuries occurred and other monetary damages of plaintiff.

How The Damages Due To Pain Are Calculated?

There is no defined formula for pain and suffering calculation but most of the personal injury lawyer use two methods.

  • Multiplier method. Some calculate the complete damage of the plaintiff including medical bill, property damage, and lost wages. Then, total amount is multiplied by a reasonable number such 3 or 5.
  • Per day. This approach calculates the daily expense of the plaintiff from the day of accident till the day plaintiff reaches complete recovery. A specific per day amount is set for the day. However, many insurance companies now recognize computer calculated damages. Software evaluates complete overall damages and amount is assigned as the settlement offer.

Proving Pain and Suffering Damages

After the insurance amount is claimed, the pain and damages need to be proved. The degree of pain can be evidenced with reliable documentation such as photograph, personal records of plaintiff’s feeling. To support the negative effect of injury on plaintiff’s life family and friends can also provide the documentation. Medical proof is the most reliable of all the evidence. However, plaintiff’s actions can affect the claim if injured person is involved in causing accident or their negligence after the injury, it can reduce the amount of damages in personal injury case. Some lawsuits are strict and if plaintiff is found involved in accident, no compensation can be recovered.

Settlement Offer

Getting fair settlement offer is final stage with the personal injury case. Although, there are methods to calculate the settlement amount, it is possible that amount is not fair with given additional conditions of plaintiff. If a permanent effect is left on the life of plaintiff like a scar or permanent loss of body part, there is no method to calculate the cost of excess damage. To cover those excess damages a more effort is required. In addition, vice-versa is also possible where amount claimed is more than plaintiff’s damages. Therefore, sense of evaluating the settlement amount needs to be fair.

Types Of Personal Injury Cases

Personal injury cases are part of everyday life for most Americans. With personal injury law, a plaintiff can get compensation from injuries resulting from someone else’s intentional act or negligent. In most cases, personal injury results from different situations, including faulty equipment, unforeseen occurrence, happenings or circumstances. If you have been wondering about what types of personal injury cases are there, then here is a closer look at some of the cases that amount to personal injury.

Car Accident Cases

In the United States, car accidents account for the biggest percentage of personal injury cases. This is mostly attributed to the increasing number of crowds on the country’s major highways and roads. The changing technology and distraction from mobile phones and other electronic gadgets are other contributing factors. When an accident occurs, it is because someone is not following the rules and they are not being careful on the road. In this case, a careless driver can be held liable for injuries and financial loss that results from the accident.

Medical Malpractice

In addition to car accidents, medical malpractice is another typical example of personal injury case. It normally arise when a doctor fails to practice due diligence when handling his or her patient, thereby failing to provide reasonable and skilled care that results to the patient getting injured. The reward for such a case includes compensation for the cost of medical care you will need now and in the future as a result of the accident.

Worker’s Compensation Injury Cases

Another fairly common type of personal injury case, worker’s compensation is caused by negligence of another person at the place of work. That party can be a co-worker, employee, supervisor or any other person at the workplace. Most people assume that the party causing the injury must be part of the employer company. This is not necessarily the case. It is the responsibility of property owners to keep their places of work risk-free. However, not all injuries that occur at the site will lead to personal injury.

Dog Bites

Dog owners are financially responsible for bites and other injuries caused by their dogs. However, these laws vary from state to state. In some cases, the dog owner will be held financially responsible for damages resulting from dog bites even if the dog has never shown any form of aggression in the past. In some states however, the owner will be held responsible for damages once there is evidence to support that the dog is aggressive, like if it had bitten a person before.

Emotional Distress

Emotional distress is mostly related to more serious accidents. Such damages are meant to compensate the plaintiff for the psychological impacts of the injury, including anxiety, loss of sleep and fear among other things. In some states, personal injury cases form part of "pain and suffering cases" that is awarded to personal injury victims.

Loss of Consortium

With respect to personal injury, loss of consortium refers to the impact the injury has had on a plaintiff’s life like loss of companionship or the inability to maintain a healthy sex life. In some cases, loss of consortium damages is generally awarded to the family of the plaintiff rather than the injured plaintiff, especially if the injury impacts on the relationship between a parent and his or her children.

Thursday, August 21 2014

Personal Injury - The Basics

A personal injury lawyer is one that deals with the proceeding of those who claim to be injured by the negligence of another person, organization, company or entity. The law defines personal injury as one that occurs to mind, body or emotions. Personal injury lawyers are also known as plaintiff or trial lawyer. Personal injury falls under the law of torts. The law of tort deals with those acts that are civil wrongs and can cause both economic or non-economic damages to anyone property, tights and reputation. These results harm to anyone but are not included in criminal law.

Personal Injury lawyers can handle any case of law as they have experience and license in any field of law. However they only deals with those that come under law of tort. The cases personal injury lawyer can handle are animal bite, brain and burn injuries, defective products, malpractices, nursing home abuse, bad faith, wrongful death and accidents like aviation, bicycle, motorcycle, pedestrian, boating, construction, slip and fall etc.

Personal injury lawyers assist in getting the compensation for the losses of petitioners. These losses ranges from medical expenses, mental distress, pain and suffering, inability to earn, legal costs like attorneys service fee and document filling. Personal injury lawyer also aid their clients from the mistreatment of insurance companies.

There are subcategories in personal injury lawsuits and personal injury lawyer may expert in a particular niche type. Likewise a personal injury lawyer who deals with medical malpractice is proficient in breach birth.

Responsibilities of Personal Injury Lawyer

A number of responsibilities fall under the domain of personal injury lawyer but the most important and ultimate responsibility is to help the client finding justice and compensation of their loss. Other responsibilities are both professional and ethical. Personal injury lawyer are bound to abide by the rules of state bar association from where they got the license to practice.

It is the responsibility of personal injury lawyer to make the case of their clients strong by detail interviewing and listening to the client. Gather the evidence talk to all parties involved and evaluate the case to find the formal legality, theories, interrogating and toppling witnesses, preparing for trial and finding the root cause of it. On the basis of all these counseling the client what steps have to be taken and how to bring the case to strong. If a settlement is not arrange it is the responsibility of personal injury lawyer to take the case to trial.

Other responsibilities of personal injury lawyer may include knowledgeable evaluation of legal matters, use competences, show loyalty, confidentiality and work in the best interest of their clients. The most paying feature for personal injury lawyer is assisting victims and their families through a proper legal system.

Settling of Lawsuits

Negotiating a settlement for personal injury lawsuit is like bargaining to buy something. Most of the cases settled before or during the trial. Both parties the client and the responsible party roughly knows how much the damage worth is. The client and personal injury lawyer knows how much to take and how much insurance company will pay, but how much other side is willing to pay is not known. Initially the defense lawyer is not willing to negotiate about settlement. This is due to the fact that they want to check either the plaintiff lawyer has done all the necessary work to make the case ready for trial.

The defense lawyer can file a motion to dismiss the case which is then depend on judge either to dismiss or not. If court refuses then the defense attorney will be willing to talk about settlement. In many cases both insurance company and defense attorneys are not willing to talk seriously about settlement while the plaintiff is desperate to talk and his lawyer is not. Professional lawyers sit and wait for the defense attorney’s call about demand of settlement. This is a tactics plays by defense lawyers to make a low offer to affected party and settle for less than the loss actually worth is.

Mediation is also a nice way to settle personal injury lawsuits. A judge or private mediator is assigned to handle the mediation process by meeting both parties and then closing the gaps to make a final settlement.

How to Become a Good Personal Injury Lawyer

Personal injury lawyers are trained personnel who legally represent people who are physically or psychologically injured by an individual, government agency, company, or other parties in a court of law. They do not take part in other fields of law but specifically handle tort laws, which are civil and not criminal laws. In most cases, personal injury lawyers work privately for individuals and not necessarily the usual office environment.

Academic Requirements

For a person aspiring to be a personal injury lawyer, he or she has to have the right education required for this field. First, they must acquire a bachelor’s degree from a recognized school in any area of study. They may study political science, pre-law or history and English. In addition, the law student has to seat for an exam that measures his or her personal skills as a lawyer. This test is commonly known as the Law School Admission Test (LSAT).

The law student then requires a law degree from a recognized school of law that takes at least three years. In the first year, they study law in general, then they spend the second and third year studying their particular fields of law. As for personal injury lawyers, they should mainly specialize in tort law which generally deals with civil cases and not criminal cases.

In addition to completing the bachelors degree, potential lawyers need to take and pass the bar exam. There is no specific bar exam for personal injury lawyers. The exam is similar to all law students and mainly varies from country to country. Since the main test is on national law, it should be taken in the country the individual wishes to practice law.

In many countries, lawyers are required to take part in the Multistate Professional Responsibility Exam that is meant to measure their skill and understanding in professional conduct. This is generally to gauge the ability of the potential lawyer on the behaviors to apply when in operation. On the major part, it is not really to measure the lawyer’s code of ethics.

Further Education is Required

Further continuation is always important for personal injury lawyers with the aim of maintaining their standards. Apart from maintaining professional standards, further education enhances the knowledge on changes in the law industry and advances of issues in different parts of the world hence the lawyer stays more informed. With this tips in mind, it becomes easier to progress from being an ordinary law student to a professional personal injury lawyer.

A Guide To The Multistate Professional Responsibility Examination

The Multistate Professional Responsibility Examination (MPRE) is a well designed multi choice type of examination that runs from duration of 120 minutes, equivalent to 2 hours to measure the knowledge standards and capabilities of candidates. The exam has 60 questions which the students should answer within the stipulated time and every question counts in the total awarding of marks. It is an examination set for lawyer’s professional conduct and to ensure that they perform excellently in their profession as they will be important people in a society that needs the right and highly qualified law makers.

The exam focuses on the most important areas which include the understanding and knowledge about the established standards and levels that are so important in the law profession. MPRE majorly touches on the professional conduct and the most important issues that affect the discipline and how students should be prepared in a world where there are high levels in the discipline set by other professional lawyers and therefore students should seek to emulate and improve more on the discipline. This exam is always managed and developed by an accredited examination body that is worldly recognized, that is the National Conference of Bar Examiners which was established and administered in 1980.

It is viewed as a co-requisite or prerequisite to the examination of bar and it is the admission of an attorney at law in most of the states in the US. it covers atleast 48 of the 50 states and it also extends its arm to the Northern Mariana Islands, the District of Columbia, the U.S. Virgin Islands, and the Republic of Palau. Even the other jurisdictions that do not use MPRE always incorporate the local ethics as they are equally important in their respective bar examination. Through this process, lawyers always get the privilege of being examined by a professional body that has a clean record of producing the best lawyers for quite a long period of time.

A Guide To The Law School Admission Test

The LSAT, or Law School Admission Test, is a standardised test administered four times a year in February, June, October and December. The test consists of 5 sections of multiple choice questions, each taking 35 minutes, and a 30 minute writing sample which isn't marked but is sent to the law schools you're applying to. You are scored on a scale of 120-180, with the average score being 150, but to get in to the top 25 law schools you'll need a score over 160. There is no pass or fail score, but you will need to contact your chosen law schools to find out what their average requirement is to be accepted. The higher your score, the better chance you have of becoming a personal injury lawyer.

There are three sections to the LSAT; reading comprehension, logical reasoning and analytical reasoning.

Reading comprehension

This section involves 5-8 questions and a passage of 400-500 words, and there are 4 passages per section. The purpose of this section is to test your ability to read and understand longer passages of writing, as studying at law school will involve reading long complicated cases, and you have to be able to read between the lines. The passages are long so you need to read quickly and skim over it, you need to be able to pull out the important information. The LSAT doesn't change much each year, and there are a limited amount of question styles they can use, so study what sort of questions you might get beforehand, so you understand what they are asking for, this applies to all sections.

Logical reasoning

There will be at least two sections on logical reasoning, there could be three if the experimental section covers it, and each section has 24-26 questions. These questions test your ability to take part in an argument; you will be given a short argument of about 3-4 sentences and you must find the assumptions and flaws with it, most of which will be logical errors.

Analytical reasoning

Analytical reasoning or logic games are designed to test your ability understanding a system of relationships, and then drawing deductive conclusions about them. The section has 24 questions separated in to 4 "games" that each have 5-8 questions. You should first figure out the type of game and then produce an accurate diagram showing the parts of the question in a spacial relationship. You then use this diagram to answer the questions. Finally, don't worry if you don't get every question right. If you scored 75% of questions on the LSAT correctly, you would still score higher than 90% of people who take the test. There is no penalty for incorrect answers, so always provide one even if you do have to guess, and practice, practice, practice!