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Suing After Slipping & Falling in a Store

Posted by on Mar 24, 2017 in Uncategorized | Comments Off on Suing After Slipping & Falling in a Store

A quick slip and fall on the hard tiles in a store can cause you a lot of pain, especially if it leads to bones being fractured. Unless the slip and fall was your fault, you have the right to get compensated by the store owner. If you have already requested money for your medical bills and time off from work only to be denied, seek assistance from a personal injury lawyer with the incident. A lawyer can help you build a strong case to make sure you don’t get stuck in a bad financial situation from the incident. This article covers some of the important thing that you might want to know in regards to getting legal assistance. The Expected Price for Assistance There is no way to estimate the price that you should expect to pay a lawyer for assisting with your case. Each case that a lawyer works on is different, which means that some might require that he or she does more work than others. When it comes to a personal injury lawsuit, lawyers will usually charge a contingency fee. The fee is basically a certain percentage of the amount of money that you are awarded when your case ends. If you don’t win the case for some reason, most lawyers will not charge you any money, or might only charge a small amount. Evidence That You Might Need You will likely need to provide a few pieces of evidence, such as proof that you have an injury that resulted from a slip and fall inside of the store. You can obtain such evidence by getting signed documents from the physician that has been treating you. Keep in mind that a lawyer can obtain the evidence as your legal representative, but you must give him or her permission by signing a form. If you have missed any work due to the severity of the injury, you must provide evidence, which can be obtained from the human resources department at your job. Give the lawyer a few of your past check stubs so he or she can see how much money you are accustomed to making. What a Lawyer Might Do to Help Any additional evidence that you might need will be obtained by your lawyer. For example, he or she can visit the store that you were injured in to investigate the incident. You will first have to explain how you ended up falling to the ground, such as whether or not it was due to the floor being damaged or wet. A lawyer can calculate the amount of money that you deserve after your case has been thoroughly investigated, as well as based on the severity of the injury. He or she will make sure that your case is handled via mediation, or through the court system. To learn more about your options, contact firms like Hoffman, Hamer & Associates,...

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Are You Prepared For Your Workers’ Comp Deposition?

Posted by on Mar 14, 2017 in Uncategorized | Comments Off on Are You Prepared For Your Workers’ Comp Deposition?

During the course of the investigation into your workers’ compensation claim, a deposition might be necessary. The deposition is an opportunity for both sides to ask questions about the accident, injuries, and any other relevant incidents. If you have a deposition scheduled, here is what you need to know.   What Should You Expect? The deposition is an important part of the discovery process. It is important that you keep in mind that the information that you provide during the questioning can be later used as evidence in your case. If your case makes it to court, what you say could have an impact on whether or not a judge and jury side with you.   During the deposition, you will be asked questions about your background and work history. Even your criminal history could be questioned. In addition to these questions, you could be asked about any previous injuries that you have experienced, including past work injuries and any claims that resulted.   You will undoubtedly be asked about the events leading to the accident and asked to explain what happened in the period following the accident. Since you are receiving treatment, you will be asked about the providers who care for you, the type of treatment you received, and whether or not you are partially or fully recovered.   What Should You Do During the Deposition? One of the most important things to remember is to be honest. Regardless of the question, you have to tell the truth. Even though the deposition is considered to be informal, you are required to take an oath at the start of the questioning and being dishonest could have legal ramifications for you.   You should also be on your best behavior during the deposition. Remember, the deposition could end up being shared with a judge and jury and if your behavior is less than ideal, it could impact how they view you. Being rude to the insurance company’s lawyer could also lead to him or her treating you in a combative and aggressive manner.   During the deposition, you need to take your time and answer the question. Wait until the lawyer has completely finished it and think about your answer before responding. There is no rush and the lawyer cannot pressure you to answer quickly. Try to be sure of your answer and if you are not, let the lawyer know you do not remember. Never speculate.   Your lawyer will further prepare you for the deposition before it is time. For more information, contact a firm such as Erickson Law...

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Fighting For Your Rights When Your Are Denied Workers Compensation

Posted by on Mar 10, 2017 in Uncategorized | Comments Off on Fighting For Your Rights When Your Are Denied Workers Compensation

In most cases, when an employee is injured at work, the company’s workers compensation insurance will kick in and help cover lost wages or pay for the time the employee is not able to work. But what do you do when you’re denied benefits and you believe you should be compensated? You do have rights as an employee, and although there are times when you will not qualify for compensation, you need to stand up and fight for your rights if you believe you are due them. Determining Whether Or Not To Fight Anytime you are injured on the job, you need to report it to your supervisor so there is a record of the event. In some cases, you will be eligible for workers compensation, others times you may not. Typically, the conditions of eligibility will be spelled out in the policy, but making sense of it can be hard on your own.  When you are told you are not eligible, you may want to have a workers compensation lawyer from a law firm like Hornthal Riley Ellis & Maland LLP review the policy to help you better understand it and determine if you have cause to fight the determination. Approaching Your Company With Your Concerns If you believe that you should be compensated for an injury or accident at your workplace, the best place to start is to sit down with the personnel manager to discuss the incident and your eligibility. If the company is not receptive to your claim, this might be the time to bring in a workers compensation lawyer to fight for you. Don’t make threats during this process, just hear them out and let your lawyer help sort it all out. Taking Your Case To Court This is one time that you do not want to go it alone. If you are going to take your case to court, you want an experienced workers compensation lawyer on your side. Your lawyer is the best person equipped to deal with the legal process and make sure you follow all the rules of litigation so that you have the best chance of winning your case. Let them take the lead—that is why you hired them in the first place, so let them do the hard work. In some cases, the mere mention of court will cause the company to change their stance on your claim. If they don’t, taking them to court maybe your only option. Discuss it with your lawyer and take the path they think is...

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The Will To Plan Your Estate

Posted by on Mar 7, 2017 in Uncategorized | Comments Off on The Will To Plan Your Estate

It just seems that the word “estate” throws some people off and makes it seem like estate planning is only for the wealthy. You should understand that you don’t necessarily have to live in something called an “estate” or be rich to need a will. This admittedly old-fashioned word really just means everything a person owns and owes when they pass away, and everyone has one, no matter how small. If you fail to plan ahead for what you do own, the people you leave behind could be burdened with the needlessly complex task of making decisions about certain issues either on their own, or worse, it could be left up to an anonymous and subjective entity, like probate court. 1. If you have minor children and are a single parent, addressing this issue in a will is of the utmost importance. You can use a will to appoint someone you love and trust to care for your children after you are gone. You do not want the government to appoint someone for you; this is too important. Even if you have a partner rather than a spouse, you may need to specify that you want that partner to care for you minor child after you die. If you have a child with special needs, a will could ensure that funds are made available for their continued care. 2. Property is one of the largest aspects of most estate plans, and it encompasses everything you own. If you don’t specifically address your wishes for the disposition of this property, a stranger could be making those decisions for you. It could help you to sit down and make a list of your personal belongings, vehicles, real estate, and bank and investment accounts. You should make provisions for your family pet in the will, as the state considers pets property. If you have favorite charities, a will is an excellent way of ensuring that your chosen charities receive some of your assets. 4. Think of your family. A death, no matter how expected or unexpected, has the potential to cause an incredible amount of stress and discord. By having a will, and letting your family members know you have made one, you can go a long way towards ensuring that your passing won’t leave your family in chaos. A will can also be used to address your wishes for your final arrangements, which takes a burden away from your family during an already turbulent and emotional time. 5. A personal representative should be appointed as part of the will. This person (or persons), referred to as executors in some locales, is tasked with overseeing the will throughout probate. Make sure that you discuss your choice with the potential candidate for the job, since this position could involve a great deal of time and effort. Speak to an estate attorney like David R Webb Attorney to get more...

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How To Know You Need A Bankruptcy Lawyer

Posted by on Mar 3, 2017 in Uncategorized | Comments Off on How To Know You Need A Bankruptcy Lawyer

You may know that filing bankruptcy gives you several options including filing yourself or using a lawyer. You may also know there are several types of bankruptcy as well. After doing some research, you may be wondering if you even need a bankruptcy lawyer since you can buy kits and software. Here are some ways to know you need a bankruptcy lawyer to handle the proceedings, paperwork, and all the aspects of the process. Unknown Debts One of the first steps to filing bankruptcy is to have your credit report pulled. You will need to review it for issues and to see what you owe and who you owe it to. The problem with this is you may have some collections accounts that don’t match anything. You can’t tell what the account numbers are for, what the debt is for, or who you owe this to. You may not even have a contact number to find the information out. This is where you will need a bankruptcy lawyer. They can help figure out the related information to these accounts and find out if they are debts you actually owe and if they can be placed on the bankruptcy. Verbally Abusive Representatives You may be trying to handle everything on your own. This is fine, until you run across verbal abuse. You may have the right intentions when you call a collections agent. The problem is, once you call they may change their tune and the verbiage they use becomes abusive. You may also have threats made against you for foreclosing on your home, legal action, or more. Not everyone knows how to handle this properly or legally. This is why a bankruptcy lawyer can help. They can handle the contacts between you and your debt collectors. They can also let them know your intent with the outstanding balance and stop phone calls to you. Paperwork and Fee Confusion An aspect of filing bankruptcy that can be difficult is understanding and navigating the paperwork. Depending on the type of bankruptcy you are filing, you may have paperwork that requires filing fees. You may also have certain paperwork that has to be sent to people holding your debts while other paperwork just needs to be filled out by you. It can become very time consuming and costly if you don’t have the experience your bankruptcy lawyer has. These are just three reasons you may need a bankruptcy lawyer, like one from Dunbar & Dunbar. If you aren’t sure one may actually help you, consider a free...

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Why You Might Not Need To Sue After A Car Accident

Posted by on Dec 6, 2016 in Uncategorized | Comments Off on Why You Might Not Need To Sue After A Car Accident

If a car accident left you severely injured and it was another person’s fault, you can seek compensation from the responsible party for your injuries and damages. There are several different ways to handle an event like this, and the two main options are settling with the insurance company and filing a lawsuit. Lawsuits can be time-consuming and overwhelming, which is why a car accident attorney might suggest trying to settle before you file the paperwork for a lawsuit. Here are a few things to know about this. Why Settling Can Be A Better Option The first step in handling a car accident claim is trying to settle the claim with the responsible party’s insurance company. If this is possible, you will be able to avoid a lawsuit, which can be beneficial in several ways. First of all, a lawsuit can take a long time. Lawsuits are handled through the court system, and personal injury cases do not settle quickly. Secondly, handling a case through a lawsuit can cost more money, simply because it takes more time. You should also realize that if you sue the other party, you may need to attend court hearings, and you may even have to testify in court. This can be intimidating and overwhelming for many people. Finally, if you can settle your case with the insurance company instead of filing a lawsuit, you are likely to receive your compensation a lot faster. Why Settling Is Not Always An Option While settling your claim might be better than filing a lawsuit, there are several reasons why settling is not always an option. The first and most common reason involves problems with reaching an agreement. When you initially try to settle with the insurance company, the lawyer you hire will create a letter of demand. This letter will state the basics of the case along with a breakdown of all the compensation you are seeking. This may include compensation for medical bills, pain and trauma, and loss of income or future earnings. If the insurance company does not agree with the amount you are asking for, they may fight your claim. If you are unable to reach an agreement you can both accept, settling the case outside of court will probably not be an option. Another reason you may have trouble settling with the insurance company is if the other party did not have insurance or did not have a sufficient amount of insurance. In this case, it may be very hard to get any money out of the person or the insurance company for your injuries and damages. What You Should Do After a car accident occurs, you have a limited amount of time to decide how to proceed. This time frame is called the statute of limitations, and it varies from state to state. If you are not sure what you should do or how to go about handling the problem, your first step should be to talk to a car accident attorney. When you meet with the attorney, you can explain the case and offer the evidence you have. You can also explain the severity of your injuries and damages, and you can ask questions. Once the attorney hears everything you have to say, he or she will be able to...

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5 Things You Should Understand About The Statute Of Limitations

Posted by on Oct 19, 2016 in Uncategorized | Comments Off on 5 Things You Should Understand About The Statute Of Limitations

The statute of limitations is the amount of time after an event occurs that you have the right to pursue legal action against the individual who caused the event. In most states, the statute of limitations for personal injury cases is 2 years; however, some states such as Kentucky only allow 1 year for you to file a lawsuit, and other states, such as Maine, will allow up to 6 years. However, the statute of limitations is complex and there are several things you should know about it if you were injured and want to file a civil or criminal lawsuit.  The Statute of Limitations Depends on Your Location, the Type of Crime Committed, and Whether You Are Filing a Criminal or Civil Lawsuit The three main factors in determining that statute of limitations for a particular crime or civil event are the location of the event, the type of event, and whether you are filing a criminal or civil lawsuit. In general, more severe crimes, such as assault or medical malpractice with lasting effects, have longer statutes of limitations. Similarly, criminal cases may have a longer statute of limitations than a civil case. However, in some cases, you may still file a civil case after a criminal case has been won, even if that statute of limitations has run out.  Your Statute of Limitations May Be Extended If You Were Underage, Declared Insane, or Incarcerated During the Statute of Limitations There are several reasons why the statute of limitations may be extended by a judge. If you were unable to pursue legal action because you were a minor, you were incapacitated due to insanity, or you were incarcerated, you may be able to pursue legal action later. However, if you are a minor, your guardian may still be held by the standard statute of limitations. For example, if you were injured when you were twelve, your parents may file a lawsuit on your behalf until you are fourteen. However, you may file a lawsuit yourself between the ages of eighteen and twenty.  Your Statute of Limitations May Be Extended If You Could Not Discover Your Injuries Within the Given Time In most cases, the statute of limitations begins once an injury is discovered. For example, if you do not discover you were injured by an event for five years, you may have an additional two years to pursue legal action. This often occurs in medical malpractice cases  The Statute of Limitations May Be Extended If the Defendant Flees or Is Incarcerated  If, for some reason, you are unable to pursue legal action against the defendant, the statute of limitations may be paused. The two most common causes of this is when the defendant leaves the state or when the defendant is incarcerated.  Your Statute of Limitations May Run Out While You Are Negotiating a Settlement  One very important thing that many people do not realize is that the statute of limitations can run out while you are working out a settlement with an insurance company. Even if the individual and/or their insurance has already accepted blame for an accident, they may stall while negotiating a settlement. Once the statute of limitations has run out, they will withdraw from the settlement process and you will be unable to pursue...

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What Changes Are Coming to Ohio’s Laws Regarding Traffic Cameras?

Posted by on Jul 29, 2016 in Uncategorized | Comments Off on What Changes Are Coming to Ohio’s Laws Regarding Traffic Cameras?

As city governments continue to try to combat more problems with the same (or fewer) resources, many have moved to the installation of traffic cameras and other automated devices to attempt to catch motorists who are speeding, running red lights, or otherwise violating traffic laws. These cameras are often touted as a way to free up police patrols and ensure that officers are able to quickly respond to the most severe crimes, rather than spending their time catching speeders or citing aggressive drivers.  However, state governments tend to view these traffic cameras as an intrusion on their ability to govern the state’s roadways, and many legislatures (including Ohio’s) have passed laws restricting the situations in which traffic cameras can be used. A recent federal court decision has struck down some of these state restrictions on traffic camera use, potentially changing the types of citations that could be issued or the penalties you could face if caught on camera. Read on to learn more about Ohio’s laws governing the use of traffic cameras, as well as what this recent federal court decision could mean if you find yourself facing a summons for a traffic infraction or ordinance violation. How do Ohio’s laws restrict the use of traffic cameras? Ohio’s legislature attempted to severely restrict the situations in which a traffic camera could be used to provide evidence of an infraction violation by passing a law requiring a police officer to be present at each camera’s location while it was in operation. This essentially rendered the camera backup evidence, as the police officer would still need to testify that he or she was present at the scene and witnessed the traffic violation in person, and eliminated many of the benefits a city could realize by using traffic cameras in place of live officers.  Cities who violated this law by prosecuting traffic offenders even when an officer wasn’t present at the camera were subject to a dollar-for-dollar reduction in their share of state funds, which made it cost-prohibitive to operate traffic cameras unless cities were certain they could generate more in traffic revenue than they’d receive from the state that year.   What could the recent Sixth Circuit opinion mean for traffic laws?  The Sixth Circuit federal district court recently struck down many of Ohio’s laws governing traffic cameras as unconstitutionally restrictive on cities’ abilities to enforce traffic laws. Because caselaw from the Ohio Supreme Court had already established cities’ abilities to generate revenue by enforcing traffic laws and issuing citations, the state legislature’s restriction on the use of a device to achieve those goals was an overreach of its powers. As a result, Ohio cities are no longer subject to the budget restrictions on traffic camera operation. However, there are still some undecided legal questions pending in the Ohio Supreme Court, so further changes could be coming down the pike.  If you’re issued a citation that originated with a traffic camera, there are a few things you can do to avoid the financial hit of an infraction judgment. First, you may want to investigate the specifications of the camera that took the picture; an old camera or one that hasn’t been calibrated recently may not generate photos that are consistent enough to be used as solid evidence that you were violating traffic laws....

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3 Things to Know about Maine’s Dog Bite Laws

Posted by on May 4, 2016 in Uncategorized | Comments Off on 3 Things to Know about Maine’s Dog Bite Laws

Have you been bitten by a dog in Maine? If so, you may have a personal injury case. You should contact a personal injury lawyer to talk about your case and discover what options are available to you. Your attorney will review the details of your case and compare them with Maine’s dog bite legislation to give you an idea of whether you have a case and how much compensation you might receive. Before you contact a personal injury lawyer, it is helpful to be familiar with the main facets of Maine’s dog bite laws. Here are the top three things you need to know. 1. Strict Liability Rules Dog Bite Statutes in Maine. According to DogBiteLaw.com, Maine is a strict liability state when it comes to dog bites.This means that the fault of the owner of the dog does not need to be established before someone files a personal injury case against them. In some states without this law, the owner of the dog must be proven to have been negligent before a case can be filed. Negligence could mean the owner was not in control of the dog at the time of the bite or that the owner did not properly secure the dog on their property. These things need not be proven in Maine. All a person needs to initiate a case is a dog bite, regardless of the circumstances. The only exception is if the person who was bitten was on the dog owner’s property at the time of the bite. That is the only circumstance in which the fault of the owner must be proven. Whether the bitten person was on or off the dog owner’s property, winning the case requires presenting some different types of evidence. 2. Provoking the Dog on the Owner’s Property Means Losing the Case. If the bite took place on the dog owner’s property, you may still have a case against them. However, you must prove that you did not cause the bite. If the owner of the dog can prove that you provoked the dog in some way, you will be found at fault, and you will not be able to win any damages in the case. Another way you will be considered the one at fault in the bite is if you were trespassing on the owner’s property when you got bitten. Trespassing is easier to prove on the part of the dog’s owner than proving you provoked the dog. If you were trespassing and got bitten, you will not win your case. 3. Your Damages May Not Be Reduced If You Were Only Partly at Fault. Some states reduce the amount of damages you will receive if you are partly at fault for the bite. They will establish the percentage you were at fault and the percentage the owner was at fault and reduce your damages by the amount you were to blame. This is not the case in Maine. Unless you fall into that special category of provoking the dog on the owner’s premises, you will get the full amount of damages in a dog bite lawsuit, even if you were completely at fault. This is thanks to Maine’s strict liability rules. As long as you were not on the owner’s property when you got...

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How To Avoid Getting Locked Up Over An Emoji

Posted by on May 4, 2016 in Uncategorized | Comments Off on How To Avoid Getting Locked Up Over An Emoji

Emojis are tiny graphical characters frequently used in text and social media posts to add meaning to messages or make a statement on their own. While generally harmless, these increasingly ubiquitous symbols have begun landing users in legal hot water. Namely, people have been charged with crimes over their use, and courts are struggling to determine if the icons can be admitted as evidence in some cases. Here’s more information about this issue, and what you can do to avoid being convicted of a crime because of an emoji. Lost in Translation It may seem odd that law enforcement agencies would have a problem with what appear to be harmless pictographs. However, these icons can be used to convey sinister intentions or harass others. For instance, two South Carolina men were arrested for sending an emoji-based message to a man on Facebook indicating they planned to beat the person up. The trouble is that emojis suffer from the same problem as other types of communication on the internet; their meaning can be lost in translation. Part of this is because, although emojis are typically used to replace the visual and auditory cues associated with face-to-face communication, the meaning of an emoji isn’t always clear. A kiss-blowing emoji could be seen as a symbol of affection or an offensive gesture, for example, depending on the context. So something that may seem harmlessly sarcastic in your mind may come across as threatening when posted online or in a text message. A 12-year-old Virginia student was arrested and charged with making threats against her school, for example, after posting a message containing gun, knife, and bomb emojis in conjunction with what appeared to be a menacing language. It could have been the student was simply expressing anger over being bullied by other students. However, the spate of mass shootings that have occurred in schools over the years have educational administrators and law enforcement officials on high alert, and the message may have come across more ominous than intended. This type of ambiguity combined with societal forces and lack of precedent often requires law enforcement and court officials to interpret what connotations an emoji icon adds to an accompanying message. Unfortunately, even if you didn’t mean to convey a message in the way it was received, the legal system’s translation of your emoji language can lead to arrest, criminal charges, and conviction. Defending Against Charges The most effective defense against criminal charges levied against you will depend on the circumstances of the case and the charges themselves. If you’re charged with harassing another person, for instance, the intent behind your communication with the individual will come into play. You can defend against the charge by showing you didn’t intend to threaten, annoy, torment or embarrass the individual when you sent the message to him or her. For this to be effective, it may be necessary to define the meaning of the emojis you used for the court (providing evidence to back up your interpretation) and establish the context in which you used them. In other cases, it may be necessary to dispute the prosecutor’s interpretation of the entire message, especially if the message appears threatening or harassing. For instance, a 17-year-old New York teen posted a message on Facebook that intimated he intended...

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