The Quick Guide to Making a Personal Injury Claim

March 30, 2017

If you have recently been in a car accident, you know how stressful an experience like this can be. Depending on the accident, you may have been seriously injured, passengers in your car may have been seriously injured and your vehicle may have been severely damaged or completely totaled.

If you are not at fault in whole or significant part for the accident, these experiences may warrant justice for you and your family, and you may be able to achieve that justice by way of making a personal injury claim and receiving compensation from the party who was at fault.

Working With a Personal Injury Law Firm

After establishing your safety and the safety of your passengers and others at the scene of the accident, it is important that you act quickly to get in touch with a personal injury lawyer. A serious car accident usually has an at-fault party, and if this was not you, a personal injury lawyer can help you pursue the at-fault party for damages.

Often, a compensation claim or settlement will happen after a serious car accident that results in extremely severe injuries, surgeries, amputations or spinal cord injuries. But even small injuries can justify a personal injury claim. The reason that Canadian courts give compensation to victims of accidents like these is that they can be extremely expensive. Not only will medical bills mount after a serious car accident, but often, physical injuries will prevent individuals from working, and that means lost wages.

Getting in touch with a personal injury lawyer soon as you can after your accident will help you prepare your claim as quickly as possible. But your personal injury attorney will need some information from you.

Gathering Information From Your Accident

In order to have a legitimate personal injury claim, you need to prove that the other party was at fault, and this means proving negligence and carelessness in their driving. For example, if someone was on their cell phone and ran straight into your vehicle, this would be careless or reckless driving, and it might warrant them paying you damages for the injuries that they cost to you and your passengers.

With that being said, you need to have adequate evidence that negligent driving was a problem. This means making sure to take photos at the scene of the accident, getting eyewitness reports from people who were standing by and getting a police report from the responding officer.

In order to receive the compensation that is justified for the pain and suffering in your accident, contact a personal injury law firm as quickly as you can. They will help you file your claim right away so that you can receive deserved damages and move on with your life. For additional insights, you may want to visit Preszler Law to learn more information.

Why Hiring a Lawyer for Custody Is Imperative

February 21, 2017

If you are having problems with your ex-spouse or mate over the custody of your child or children, then you will need to hire a family lawyer ASAP. Some people do not hire attorneys because they do not have the funds to do so. Other people think they can get by without an attorney. The following are five areas that the judge will review and why custody issues need legal assistance:

Income

The judge is going to look at each person’s income and then determine whether each parent can take care of the child or not. If any discrepancies exist, they could cause one of the parents to have a disadvantage. An attorney can conduct the research necessary to make sure that the both parents’ correct earnings and bill payment habits (rent, utilities, food shopping) shows up correctly.

Criminal History

Criminal history plays a role in whether or not a parent can have custody of a child. One parent could clearly be fitter than the other one is because of the nature of the other one’s past crimes and the time frame of such crimes. However, some people can pay to have their records disappear. In such a case, the other parent may look like the less fit person because something from his or her record still shows up while the other parent’s past has been erased. A lawyer can help in that situation by using deep investigative tactics or by defending the client and showing that he or she no longer commits crimes.

Lifestyle

Lifestyle plays a part in child custody, and judgment about it rests in the hands of the judge. A lawyer can ensure that no bias occurs during the judgment process.

Relationships Between Child and Family

The courts will weigh the relationship between the child and the family, and they will decide based on the input that they receive. Unfortunately, a great deal of coaching may occur beforehand. It is mandatory for parents to have a lawyer in this situation because it’s a difficult one to combat. Without a good family lawyer, a person may lose the child because of successful manipulation and coaching by other family members. A lawyer may be able to help the judge discern any dishonesty that may be occurring in the case.

Physical and Mental Health

Health issues and what some specialists consider as “mental health” issues will be considered in a custody case. One side may lie about the other side to gain an advantage. If the one side does not have a lawyer, the other side may gain so much of an advantage that it wins. Even false accusations and statements may be accepted as truth if no one is there to defend the “ill” parent.

Custody fights can get nasty and downright dirty. Family lawyer offices want to help, and some of them will work with prospective clients on the price if they ask. The information on the Matrimonial Home website may have additional insights and can provide you with further support.

Gift Baskets- The Perfect Funeral Choice

February 20, 2017

When you think of gift baskets, you probably think of sending one to a friend or loved one to celebrate a new baby, job or promotion. But did you know that they are an excellent choice as a condolence to a family who is mourning a death? Food gift baskets can be sent in all situations, and sad times are no exception. Food baskets are the perfect condolence gift, as most times the grieving family will not have a lot of time to cook, so having food on hand is a blessing.

If you are looking for a unique way to express your condolences, any of the following gift baskets will be appreciated. While you may wish to purchase them online, creating your own basket is a more personal touch, and may cost a lot less.

Fruit Baskets

Having something healthy to grab at the home in-between the craziness of a funeral can be a relief for a family in mourning. Fruit baskets come in all shapes and sizes and typically offer the freshest fruit of the season. You can put together and send a variety of fresh oranges, apples, pears, bananas, kiwis, pineapple and more.

Additionally, you may choose a fruit basket that is already cut up and prepared. These types of baskets usually skewer slices of fruits to foam inside of the basket, so the family does not need to cut the fruit themselves. This is a great idea if you want to make it as simple as possible for your family or friend.

Chocolate Baskets

Nothing says comfort like a basket full of gourmet chocolates and other sweet items. A gift basket filled to the brim with chocolate bars, chocolate covered strawberries, chocolate-dipped crackers and so much more will be a welcome comfort for the family. If you choose to make up your own basket, personalize it with candy from local shops that the family may not have ever had. You may even add in nuts and other types of candy to round it out.

Cheese and Meat Baskets

A healthy but much-appreciated basket option is a cheese and meat basket. You can find baskets that are filled with various flavors and types of cheeses, such as gouda, asiago, brie and more. You can also add in basic flavors, such as cheddar, swiss, and mozzarella. For meats, add big pieces of processed ham, salami, pepperoni and smoked sausage. Round off the basket with a few different types of crackers and a dip such as honey mustard.

Sending a food basket is the perfect gift for a family who is dealing with a loss. Whether you make it yourself or buy a pre-made basket, they are sure to appreciate this unique gesture. If you visit Boodles of Baskets, you can find more resources for a better understanding.

Tips to Help Save Money When Planning a Funeral

February 19, 2017

Funeral services provide bereaved friends and family members an opportunity to mourn together as well as time to celebrate the life that was lived. Many families will plan at least a modest service for a deceased loved one in funeral homes across the country. However, regardless of your location, services at funeral homes can be difficult for families to pay for, and this is particularly true if the death occurred suddenly or if there is no life insurance money available to pay for the service. These tips can help you to keep costs to a minimum while planning a beautiful service.

Explore All Options Carefully
One of the most important tips you can follow when working with funeral homes is to compare the cost of services carefully. Each has its own way of structuring pricing, whether you are planning a casket service or a cremation service. There may be some benefit in paying for specific services, and some homes may require that you purchase a minimum level of services through the homes. However, these minimal services vary. Therefore, pay attention to the services offered, and compare the options closely.

Write Your Own Obituary
Obituaries are announcements regarding the passing of the deceased, and they sum up the life of the deceased as well. Many people outsource this task to a funeral home, but you are more familiar with the life that was lived than a third party. By writing your own obituary, you may enjoy a sense of closure and healing. Many mourning individuals find that doing something positive to prepare for the funeral channels their energy toward healing.

Print Your Own Service Programs
If writing is not your forte, you may be thinking about other things you can do to positively help with the service. Creating and printing your own service programs is a wonderful idea. You can find great examples online, and you can easily print and fold these with other family members who may also want to contribute their efforts during this difficult time.

Create Your Own Video or Picture Montage
It is increasingly common for funeral homes to air a video or picture montage during the opening of the service. This gives mourners something focused on the deceased to view as they wait for the service to begin. If you have technology skills, you can use one of the many user-friendly programs to put together your favorite videos or still pictures into a montage.

As you can see, these are all services that the funeral home may charge you, but they also are tasks that can aid in the healing process. While it initially makes sense to have a funeral home do as much as possible to take stress off your shoulders during your time of mourning, many of these tasks mentioned have a healing element to them. In this way, you can save money as well as promote healing after losing a loved one. You may find the information and resources available at Aftercare Cremation & Burial Service to be very useful.

How to Choose a Copyright Lawyer in Canada

February 7, 2017

Copyright infringement is a common phenomenon your business cannot avoid if it has an online platform. There are many forms of copyright infringements in Canada. Most of them are complex and require the legal assistance of a franchise lawyer. A lawyer will help you to file a case and navigate the complex legal processes involved in copyright infringement. Here are some of the things you need to consider when hiring a copyright lawyer.

Ask for recommendations

You need to ask for recommendations from friends, relatives or family members. Make sure you go to someone you trust. There are malicious people out there who may refer you to someone they know will make things worse. Also, ask those who have had an experience with a copyright lawyer for effective results.

Do your homework

You should look for a lawyer after you have identified the company or the individual responsible for the infringement. You can always get the information about the infringer from his website, ISP provider or hosting company. Look for a lawyer who is skilled in copyright or business law. You can search online for prospective lawyers. Look at the lawyer’s website and see the services he offers. Determine if there is any list of references provided on the site. Make sure you check online reviews and see what people say about the lawyer. A good lawyer should have a higher percentage of positive reviews.

Schedule interviews

Make a list of three to five prospective lawyers from your online search results. The list should be short because too many lawyers can be expensive and time-consuming. Schedule a physical or remote interview with each one of them. You need to prepare objective questions on how the lawyers will help you to win the case against the threat to your trademark Canada. During the interview, ask them about the strategies they have in place to handle your case and influence a positive outcome. Ask them about the number of years they have been business and how many cases they have successfully handled so far. Also, request them to give you a list of references.

Contact the references

You need to contact the references in order to get their side of the story. You can either visit them or call them. Ask them about their overall experience with the lawyers. Let them tell you how the lawyer handled their case and how long it took for the infringer to get the right conviction. Someone who had a good experience will be more than willing to tell you what transpired from the beginning to the end.

Make your decision

This is the most crucial step towards protecting your Canadian franchise. Determine how each lawyer handled your question and what the references said about them before you make the final decision. You may be able to learn more information at Hoffer Adler.

How Strong is Your Personal Injury Case?

January 9, 2017

Through a personal injury case, you have the opportunity to seek financial restitution for wrongdoings against you. For example, the neighbor’s dog may have bitten you, and you may be seeking financial compensation for pain, suffering, medical bills and lost wages for time missed from work. Hiring a personal injury lawyer is a great first step to take to move forward with your lawsuit, but you may be wondering if you have a strong enough case to pursue and what the potential outcome may be. After all, your case may be strong enough to win, but your financial reward for the case may be dismal if your case is weak. You want to ensure that the case is worth pursuing before you actively move forward with it.

What to Expect If You Have a Weak Case
Your typical personal injury attorney may interview you to learn more about your case before deciding to represent you. If your case is very weak, you may be hard-pressed to find an attorney who will represent you. Being turned down by several attorneys is a surefire way to tell if your case is weak. Keep in mind that even if you find an attorney who will represent you, you may have a hard time proving your case. You may not win your case, and you may be subject to paying court costs and legal fees out of your own pocket. Because of this, you should think twice before pursuing a case if you have been told that it is weak.

Seek Professional Advice
While having your request for representation turned down by a personal injury lawyer or two is a telltale sign that your case is weak, you may be wondering what your options are. Some personal injury attorneys may consult honestly with you about weaknesses in your case and about ways that you can make your case stronger. Others may openly tell you that they have tried cases like yours in the past and may not have gotten anywhere with them. If you seek professional advice from a personal injury attorney, look for an attorney who has considerable experience in your area of the law. For example, if you have a dog bite case, working with a car accident lawyer may not yield the best results for you.

A personal injury lawsuit may yield considerable compensation for you that can cover time you missed from work, medical bills and more. If you have been heavily impacted by a personal injury case, you may have no financial option available other than to pursue a personal injury lawsuit. On the other hand, you may not be certain how strong your case is, and you may want to do some research before move forward with a case. A great step to take if you have been affected by a personal injury lawsuit is to set up an appointment with a few different personal injury lawyers who specialize in your area of the law. You can learn more by visiting Preszler Law Firm.

4 Ways to Contest a Speeding Ticket

January 6, 2017

While it is considered a relatively minor infraction, a speeding ticket could have serious secondary consequences. For instance, fines and surcharges could be as much as $500 or more depending on where you are pulled over and how fast you were going. Depending on your prior record, a citation for speeding could result in higher insurance rates or a license suspension. Fortunately, there may be ways that you can contest a ticket in court.

Auto - Car Black and White Was There Anything Wrong With the Radar Gun?

If there was an error with the way that the radar gun used to determine your speed was calibrated, it may create enough doubt to get the ticket thrown out. It may also be possible to claim that the gun was used improperly or that it was not tested prior to use in accordance with state or local laws.

Auto - Car Black and White Exceeding the Speed Limit May Not Be Illegal

In certain circumstances, it may be allowable to go over the posted speed limit. For instance, it may not be safe to do the speed limit if other drivers are driving much faster than you are. This is known as keeping up with traffic, and failing to do so could result in an accident. In some states, the speed limit is not actually a legal limit. Instead, it is merely an assumption that going above this limit is not safe, which may or may not be backed up by any objective evidence.

Auto - Car Black and White Did the Officer Actually See You Speeding?

It is possible that another driver or pedestrian called in a report about a vehicle matching your description going too fast for road conditions. However, if an officer doesn’t actually see your vehicle going too fast for road conditions, there is no objective way to determine if you have actually broken any laws. It is also incredibly difficult or impossible to determine exactly how fast a vehicle was traveling in the absence of a radar gun.

Auto - Car Black and White Cite a Mechanical Defect With Your Vehicle

If the speedometer in your car or truck is not working properly, you may be going faster than you thought when an officer pulls you over. If you can establish that you weren’t willfully breaking the law, it may be possible for a judge to reduce or throw out your ticket. However, ignorance of the law is generally not a defense, so this may be an option of last resort.

A speeding ticket can result in higher insurance premiums and a fine that can make it harder to pay your bills this month. Therefore, fighting your speeding ticket may be worth your time and effort. By learning and asserting your rights in court, it may be possible to have the ticket and its associated penalties dropped completely. For additional insights, you may want to visit XPolice to learn more information.

Is Your Teen Facing Criminal Charges from an Online Post? What to Do

September 26, 2016

You can’t always monitor what your teenager posts on social media, who they send messages to, and how they choose to use their right to free speech. Unfortunately, there may be times when they make poor decisions posting and communicating online, which can result in criminal charges or other legal trouble.
If your teenager threatened someone online and now the police have contacted you, you want to contact a criminal lawyer right away. You also want to do the following to help stop your teen’s peers from talking about the situation.
Screenshot the Post
Take a screenshot of the post so you can show in court exactly what the post or comment was. You also want to have images of all other comments that were included on the post or that are relevant, in case you have to show that threats were made by multiple parties, or if there are other statements that may be related to the case. The information from the original post is also needed so someone can’t misquote what your teen posted.
Delete the Post and Comments
After gathering all the evidence have your teen remove the post and anything that is posted on their wall or feed related to the original comment. You don’t want other people to start looking at it, saving the image of the conversation or post, or having the situation grow any larger than it already is. You may want to have your teen shut down their social media account until the issue is resolved, so no one can torment your teen or try to instigate any other problems.
Consult a Lawyer before Speaking to Law Officials
You want a lawyer to go through the information before your teen speaks with law officials. You don’t want the police to twist information, use something from your teen’s statement against them, or be alone with your teen where someone isn’t listening to the conversation. The lawyer will reach out to authorities for your teen to make a statement or be questions after they have gone over the case and briefed your teen on what to say.
Having access to social media and the Internet presents a lot of problems for teens, especially when they say something that they don’t mean, or that is taken out of context online. Take the time to meet with a criminal defence specialist to take care of the problem quickly. Please visit the Donna V. Pledge website for more information.

Who Makes Personal Injury Laws?

September 22, 2016

Personal injury law, which is sometimes known as tort law, revolves around an injured person or party taking their case to civil court in an effort to receive a legal remedy – damages award – for all of their losses that stem from an accident or workplace incident. In such a case, one party, the injured party, faces off against the company, organization, or individual who is responsible for the accident through negligence or simple disregard. More often than not, the injured individual suffers harm from said negligence and will be forced to pay for medical bills, rehabilitation, and loss of work hours and income. In this instance, hiring a personal injury lawyer is the most beneficial, smartest move you can possibly make.

The Basics

There are numerous situations where today’s personal injury rules may apply, including, but not limited to:

  • Accidents – Personal injury rules will always apply in a situation where an individual acts within a negligent manner or carelessly to cause harm to another individual. Some examples include slip and fall accidents, medical malpractice, or vehicular collisions.
  • Intentional Incidents – Personal injury law will also apply to a situation where the defendant’s intentional actions led to the harm or injury of another party. Examples include assault or battery.
  • Defamation – Defamation is probably the least known personal injury case today. Basically, if one party is directly responsible for hurting another party’s reputation, the defendant is liable for damages.

Who Makes Personal Injury Laws?

Most personal injury laws stem from old “common law rules,” which refer to laws crafted by judges, as opposed to today’s laws that were manufactured by legislatures or passed via bills and statues.

When a single judge hears a case and decides on the outcome, his lone decision on the law will become the binding precedent for all other courts within that state that are deemed “lower” than his court. These “lower” courts will then apply the judge’s decision to their own cases, which then creates “common law.”

How Does a Case Work?

No two personal injury incidents are alike, so no two cases will flow in a similar manner when they move to court – or settle out of court.

To start, the defendant will have had to do something to the injured party or caused the injury in some way for any case to move forward whatsoever. The only exception here is of contractual breaches, which are handled under “contract law.”

Next, the plaintiff will determine that defendant breaches their legal duty. For example, a driver who is operating a vehicle should act with a certain level of care and remain reasonable while on the road. Doctors must remain competent and practice their health care following their code to the letter.

Finally, a settlement talk will occur. Many will settle out of court, though some may require a lawsuit in order to make any headway. In this case, a damages award will be offered to the victim. If you would like to learn more, the Futerman Partners LLP website is a helpful source for information.

What Happens After a Deposition in a Medical Malpractice Case?

August 30, 2016

A deposition is a question and answer session outside a courtroom. Normally, an attorney will ask you questions and you respond honestly under oath. Everything that is said during a deposition is recorded by a court reporter who will later transcribe the data into a complete document. The injured party, health care provider, and witnesses are required to answer questions in a deposition for a medical malpractice lawsuit.

Medical Malpractice
All health care providers must adhere to the minimum standards of care. In a medical malpractice case, a health care giver is accused of creating harm because the treatment he/she gave fell below the threshold. If you decide to file a lawsuit, then you become the plaintiff whereas the health care provider you are suing becomes the defendant. The whole process of civil proceedings includes pleading, discovery, summary judgment, and trial, in that arrangement.

Discovery Phase
During this phase, both the defendant and the plaintiff collect evidence to build their case. A deposition is one of the procedures undertaken during this phase. The aim of a deposition is to uncover what the parties and witnesses know about the plaintiff’s injury. The health care provider and the defendant’s witnesses are usually questioned by the plaintiff’s attorney. The plaintiff and his or her witnesses will also have to be questioned by the defendant’s attorney. Where more than two parties are involved, all the parties and their lawyers can attend the deposition and ask questions.

After a Deposition
After the deposition ends, the court reporter prepares transcripts of the deposition and sends copies of the complete documents to the medical malpractice lawyers Toronto. Once the defendant and the plaintiff receive the transcripts of the deposition, they will go through them to ensure there are no errors and prepare for the next stage of litigation. While a deposition is carried out outside of court, it is a sworn statement that can be used as evidence in the summary judgment, trial, or settlement.

Uses of Deposition Testimony
Deposition testimony can be used in the summary judgment phase before trial. Here, a medical malpractice attorney for either party files a written document with the court asking the judge to dismiss part or all of the claims in the legal suit. Summary judgment is used to simplify or avoid a full trial, especially when claims made do not meet certain legal requirements. When a court gives summary judgment, the claims are cancelled. People can also use deposition to settle cases before it goes to trial. However, if a case proceeds to trial, the parties can use deposition to discredit each other or their witnesses.