Most people don’t know what to do in a case of an accident and personal injury. What you have to know is that you could be entitled to compensation for your personal injuries. In case you have been injured and another party is responsible for your injuries, you should seek compensation. But it often happens that people who suffered a personal injury can’t get a compensation because they don’t know how the system actually works. Since many people find themselves in a bad situation due to stalled compensation claims and lousy built cases, there are some things you should know about building a solid case for a personal injury claim. Also, you may be eligible for additional benefits related to your claim. To make use of these benefits and claims against the responsible party, follow these steps:
You should seek medical attention immediately after you’ve been injured. In case your injury is severe, call 911. You should provide all the details concerning your personal injury to the doctor so this data can become an important part of your medical records. Make sure you keep all copies of the medical treatment records related to your personal injury because they will be an important part of your claim.
After you’ve taken care of your injuries, call your lawyer even before you call your insurance company. Don’t hesitate to do that and don’t waste your time because the attorney could give you valuable advice. Create a copy of any report that has been made about the accident. Keep this report together with your other records on the suffered injury. Atlanta personal injury lawyer
Look for witnesses. Get any information on the witnesses you can, their names, addresses and phone numbers. Independent witnesses will be valuable to your case so you should ask them to put their observations in writing.
After doing everything mentioned in the previous steps, you should consult with an attorney. Consult with an experienced attorney that is knowledgeable on the type of accident you’ve been involved in to evaluate your case. With an attorney’s help, you should be able to understand what your rights are and what documents should be submitted for the claim. Besides that, a knowledgeable personal injury attorney will be able to tell you if you are entitled to any other benefits and if you can pursue any other claims regarding your accident and personal injury. An experienced personal injury attorney will be able to reach a settlement for you, if that is the best way to go. But in case your personal injury claim has to go to court, an experienced personal injury attorney will be able to get the jury verdict you will be satisfied with. Atlanta car accident law firm
Car accidents have been common enough that we see one reported on the news daily. Car accidents refer to any misfortune or mishap wherein injuries or death of the passengers are a result of a car crash or collision. Researchers say that most of these cases of car accidents can be attributed to human error. A large percentage of the reasons why car accidents occur are due to a misconduct or misbehaviour of the one behind the wheels.
There are certain behaviors of drivers that are seen as negligent. These reckless behaviors often lead to a car accident.
- Most of the people involved in a car accident do not have proper knowledge and training regarding driving. Insufficient education and training regarding traffic rules and regulations is one main root of car accidents.
- Some people resort to aggressive driving. This means that they tailgate, they switch lanes far too often or they flash their lights to other cars.
- Car accidents also involve drivers who are under the influence of alcohol or drugs.
- A driver who is over fatigued cannot function properly. Not being able to keep eyes open and not being as focused to the other cars around them, the driver often lose control of the vehicle resulting with a possibly fatal car accident.
- Traffic rules and regulations are neglected and ignored. For example, drivers who did not wear their seatbelt and unfortunately suffer from a car accident may put his life in more danger because of not wearing the safety belt. Other examples are driving beyond the speed limit and beating the red light.
Mechanical Equipment Failure
Some car accidents can be attributed to the malfunctioning of a part/s of a car.
- Inefficient brakes can definitely lead to a car accident.
- The car tires should be able to withstand whatever the road conditions are. Slipping along the roads and loss of control are often reported in car accidents.
Aside from human error and equipment failure, there are other causes of a car accident.
- Weather conditions may also be cause of car accidents. There may be situations that it is rainy and the roads are too slippery while there may be times that there is too much fog and hinders the visibility of the road.
- Another reason for car accidents would be road conditions. Regular maintenance of the roads must be observed. Faded road signs should be replaced and any debris on the road must be cleared.
- Road constructions are also pointed out as a reason for car accidents. Not enough signs that show that there are on-going constructions are also other examples.
Experts say that these collisions could have been avoided and fatalities and injured could have been reduced. It is important to point out that the majority of these car accidents happen due to driving behaviors.
A wrongful death claim is a lawsuit filed against a person who, due to reckless behavior or misconduct, has caused the death of an individual. Typical examples of this are deaths caused by medical malpractice or work-related accidents. The actions may be deliberate or not but the main point is that these actions has caused the wrongful death of a person.
Wrongful Death Claims Against Whom?
A wrongful death claim can be filed against anyone with the grounds that:
- It is proven that the actions of the individual are the real cause of the death as well as the injuries suffered by the deceased.
- The family of the individual has suffered from emotional as well as financial damages due to the death of their family member.
If the above mentioned are both satisfied, then a wrongful death claim could certainly be filed.
Even the local government or the state can be subject to a wrongful death claim. If it is proven that the government’s actions or decisions has caused the death of an individual, the family can file for wrongful death and ask for compensation.
People who have made misconducts or have acted recklessly and ended up causing death can definitely subjected against a wrongful death claim. One example that was given was a man who refuses to close his swimming pool despite orders from the local government. If it happens that a child swims in it then drowns then the man can be accused of wrongful death. His refusal to close down the pool led to the death of the child.
Though these are the grounds for being accused of wrongful death, one exemption is the death of an unborn fetus. This is because an unborn fetus has no distinct legal rights until he/she was born.
There used to exist a doctrine of family immunity. This states that family members are exempted from being subject to a wrongful death claim. There are two main reasons as to why this was implemented.
- The first reason is to promote family harmony. The state wishes that good relationship among family members should exist even through times wherein a relative has died.
- The second reason is to avoid any form of conspiracy. A wrongful death claim can be used by some people to defraud an insurance company.
But then, many states abolished this doctrine yet some limitations were retained. One is that an adult child may file a wrongful death claim against his/her parents but a minor child is not allowed to do so.
A wrongful death claim has implemented these grounds and restrictions so as to avoid any form of abuse of law. The basis mentioned earlier should all be met for a person to be convicted of causing a wrongful death. A wrongful death claim is usually filed in order to compensate for the damages brought upon by the death of an individual. Such purpose of a wrongful death claim may lead to some conspiracy and abuse of rights.
Medical malpractice refers to a situation wherein a person was injured or suffered damages brought about by a medical care professional. In this case, the victim may file a medical malpractice claim. A medical malpractice is caused by the negligent behavior of a health care provider which caused an injury or in worse cases, death, of the patient. When the death of an individual is related to medical malpractice, it can be categorized as a wrongful death.
There are certain elements a case must include so that the victim can prove the negligent behavior that resulted to medical malpractice.
Essential Elements to Prove Negligence
- It must be provided that the health care provider owes a duty of care for the patient. This element is usually established in a medical malpractice case. It also often an issue left undiscussed since when a medical professional agrees to provide services or care to an individual then a doctor-patient relationship is already established.
- Another type of evidence needed is that the provided service or care did not meet medical standards. Failure to provide the standard quality of service a health care must provide is another basis for medical malpractice.
- It must be proven that due to the incompetence or negligence of behavior, the patient has suffered pain or damages. These damages in a medical malpractice claim may refer to physical and psychological damages.
- It must also be established that the injury suffered by the victim is because of the misconduct or the medical malpractice.
A medical malpractice case is a way to seek monetary compensation for the damages suffered by the patient. Non-economic damages and sometimes punitive damages are also punished to a medical professional proven guilty of medical malpractice.
A patient who is a victim of medical malpractice may sue either the health care provider, who can either be a doctor, a dentist or a nurse, or their employer. An employer may refer to a hospital, clinic or a medical organization. If it can be proven that the employer has hired an incompetent worker and made him/her treat patients despite the insufficient knowledge and experience, then the employer can be subject to a medical malpractice lawsuit.
Medical malpractice cases are a thriving social issue as medical organizations say that there should be a set limit for the monetary compensation a patient may receive. On the other hand, others say that putting a limit for compensation for damages in a medical malpractice case may give a free reign to medical professionals and might limit the opportunities for victims to pursue a medical malpractice lawsuit against health care providers or organizations.
Divorce is a part of family law. Most family lawyers deal in divorce matters but if you are looking for an expert, you should hire the services of an experienced divorce lawyer. A divorce lawyer deals exclusively in divorce matters.
Divorce law is governed by state law. Each state has its own residency requirements for filing of a divorce petition. If you do not meet the residency requirements, then you cannot file a divorce petition in that state. Divorce attorneys are generally aware of the residency requirements of the states they practice in. An experienced divorce attorney will review your circumstances and determine if you meet the residency requirements for filing a divorce petition under your state law. If you do not meet the residency requirements, a divorce attorney can advice you of your options.
Once you meet the residency requirements, you must have a valid ground for seeking a divorce. The grounds for divorce are governed by state law. Consult with an experienced divorce lawyer to know if you have a valid ground for seeking a divorce under your state laws. Divorce lawyers can review your circumstances and advice you of the grounds on which you can seek a divorce under your state laws.
Once you file the divorce petition you must serve the papers on your spouse. Service must be made in accordance with your state laws. Divorce attorneys are well versed in the rules of service. An experienced divorce attorney can assist you file your divorce petition in the right court and also serve the papers on your spouse according to your state law. Atlanta divorce lawyer
If your divorce is uncontested, you should still use the services of divorce lawyers or family lawyers. In an uncontested divorce, a divorce lawyer can help you prepare and file the marital settlement agreement which lists the terms of the divorce and forms a part of the divorce decree.
In a contested divorce, you will be questioned by your spouse’s attorney. How you answer the questions will play an important part in the outcome of your divorce case. Divorce attorneys are experienced in the art of cross examination. An experienced divorce attorney can advise you on how to answer the questions and can also question your spouse to help you establish your case.
DUI attorneys know that even a first time DUI conviction can result in insurance issues for you. Many insurance companies have a clause in the insurance policy that allows them to cancel the policy immediately if you have arrested for DUI. Even if your insurance policy does not have this clause, your insurance costs will certainly increase. Even for a first time DUI offender, the increase can be significant. If you have an excellent driving record and the DUI is the only scar on your otherwise excellent driving record, the increase will be marginal. You cannot avoid this increase by changing your insurance company. When you change your insurance company, the new company will conduct a background check on you. Your background check will reveal your DUI conviction. A DUI attorney can assist you fight the DUI charges. Atlanta criminal defense lawyer
If you have been stopped at a DUI check post and asked to take a breath analyzer test, you should not refuse the test. If you refuse, the police officer will arrest you and take you to the station. At the station the police officer is likely to question you. An experienced DUI attorney can review the details of your case and determine if the police have violated any of your rights. If the police officer questions you at the police station without reading your Miranda rights, then any answer or statement you provide the police cannot be used as evidence against you in a court of law. In such cases, DUI attorneys will move a motion to exclude such evidence from trial.
Even if you are convicted of DUI, DUI lawyers can help you clear your DUI record. An experienced DUI lawyer knows the legal process of clearing your DUI record. A DUI lawyer can determine if you are eligible for expungement and make the application for expungement on your behalf. Generally you can apply for expungement of criminal record if you are a first time offender and there is no criminal charges pending against you at the time of the expungement application. Never take a DUI charge lightly. A felony DUI charge is far more serious. If convicted of a felony DUI, you will be sent to prison even if it is your first offense. Talk to an experienced DUI lawyer. DUI lawyers can review your case and develop a defense strategy.
If you are a US citizen or permanent resident you can bring your family members who are foreign nationals to the United States. You should try consulting with an experienced US immigration attorney if you want to bring your foreign family members to the United States.
Your foreign family member can visit the United States and stay with you on a visitor visa. However a visitor visa will not allow the foreign family member to work in the US. Also the family member will have to leave the US once the visa expires. He or she can stay in theUS only till the validity of the visa. Your foreign family member must make an application for a visitor visa to the US Embassy or Consulate that has jurisdiction over his or her place of residence abroad. The application for a visitor visa must be accompanied by certain documents which can vary from country to country and will depend on many factors including your relationship with that family member. One of the requirements for a visitor visa is that the applicant must demonstrate that he or she has enough funds to pay of the proposed stay in the US. If your family member cannot demonstrate sufficient funds from his or her own sources, you can provide a letter of support along with evidences of your finances. A good US immigration attorney can advise you on the requirements for a visitor visa for your foreign family member. Atlanta immigration lawyer
US citizens and permanent residents can bring their alien family member to live permanently with them in the United States. The US citizen or permanent resident must sponsor the immigrant visa petition. Your status – US citizen or permanent resident will determine the family members you can sponsor. A US citizen can sponsor his or her spouse, children of any age, parents, brothers and sisters. A permanent resident can sponsor their spouses and unmarried children. Call an experienced US immigration attorney. The attorney can review your case and advise you on your eligibility to sponsor your family member. http://www.immigrationlawyerinatlanta.com/
The US citizen or permanent resident completes the immigrant visa petition on behalf of the foreign family member and files the petition with the USCIS along with proof of eligibility to sponsor the petition – evidence of US citizenship or permanent status and also proof of the petitioner’s relationship with the beneficiary of the petition – the foreign family member. Proof of relationship will vary. For example if the petitioner and the beneficiary are brothers, then the birth certificates of the petitioner and the beneficiary indicating a common parent will suffice. If the beneficiary is the spouse of the petitioner, then marriage certificate will be considered as proof of the relationship. Once the petition is approved, the foreign family member will receive an immigrant visa. There are different kinds of immigrant visa for family members and family members. Some of them have a waiting period and the family member may have to wait for some time before actually getting a visa.
Not all foreign family members qualify for a family based immigrant visa. Call an experienced US immigration attorney to know your options if your family member does not qualify for a family based immigrant visa.
A bankruptcy attorney can assist you with your bankruptcy filing. However there is more a bankruptcy attorney can do for you. Besides assisting you file for bankruptcy, the bankruptcy attorney can be an invaluable source of assistance. An experienced bankruptcy attorney can assist you buy a car during a Chapter 7 bankruptcy case.
Buying a car during bankruptcy can be complex. When you file a bankruptcy petition under Chapter 7, the court will appoint a bankruptcy trustee to liquidate your assets and pay off your creditors. The trustee will take over all your non-exempt assets. Based on the exemption elected by you, your car may be an exempt asset. An experienced bankruptcy attorney can assist you in determining your exemptions. However, if you do not have a car or you want to purchase another car while your Chapter 7 bankruptcy petition is pending, you should ideally wait until the creditors meeting is over. It may be difficult for you to obtain finance for your car while you are in bankruptcy. Even if lenders are willing to offer you finance, you will be charged a high interest rate. There are lenders who specialize in providing finance to people in bankruptcy. Meet the lender and explain the reasons for your bankruptcy. If the reason for your bankruptcy is something beyond your control like loss of employment or sudden illness, then the lender will adopt a positive approach while dealing with you especially if you have a regular source of income. The lender will want to know how you intend to pay back. You must have a detailed repayment plan to show the lender. Many bankruptcy attorneys have a list of lenders willing to finance the purchase of a car during a Chapter 7 bankruptcy case.
An experienced bankruptcy attorney can also help you take advantage of the cram down provision of a Chapter 13 bankruptcy. Under the cram down provision, you split the upside down mortgage into two – a secured part and an unsecured part. The secured part is the value of the collateral. The outstanding mortgage over the value of the collateral is the unsecured part. In your Chapter 13 payment plan, you have to provide for the payment of the secured part. As for the unsecured part, you can get way by paying pennies. It will depend on your negotiation skills. Generally the creditor will be willing to accept whatever they can get. You can use the cram down provision for a second mortgage or rental property mortgage. You cannot use it to cram down a mortgage on your principal residence. But if you have been additional collateral besides your home, you can cram down the mortgage on your principal residence. An experienced bankruptcy attorney can assist you deal with an upside down mortgage in a Chapter 13 bankruptcy.