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personal injury lawyer

Choosing the Best Personal Injury Lawyer for You: 5 Things to Consider

If you’ve had a personal injury that you believe was the fault of someone else, it can be a good idea to hire a personal injury lawyer. The key is to choose the right attorney for you and your claim. How do you know you’re making the right choice though? What should you look for when hiring a personal injury lawyer? Here are 5 things to consider when choosing the best lawyer for you.

  1. How Much Experience Do They Have?

An attorney’s level of experience is of the utmost importance. Each states has very specific laws and regulations that could be relevant to your case. It’s crucial that your personal injury lawyers knows all there is to know when it comes to dealing with your claim. Be sure to inquire about other similar cases the lawyers you’re considering have handled. You’ll want to know success rates as well.

  1. What is Their Focus?

Many successful lawyers will have a somewhat specific concentration when it comes to the types of cases they handle. Ask yourself what kind of personal injury lawyer it is that you really need. Personal injury lawyers have unique skills for determining liability issues like negligence and causation. They’ll also have more experience when it comes to ascertaining the compensation that you’re entitled.

  1. Know Their Reputation

A lawyer with a good reputation is certainly a plus when you know they’ll be communicating with insurance companies and with other lawyers in the court systems where they practice. A strong reputation means added value for whomever he or she represents.

  1. Consider the Cost

Make sure you’ve read the fine lines of the contract before signing anything. Often times, with personal injury claims, lawyers will be paid a certain percentage of the settlement or court award. If you’re not awarded anything your lawyer may not be paid a fee; you may, however, have other costs that pertain to your case. Make sure you’re aware of everything you could have to pay so you’re not hit with any surprises when things come to a close.

  1. Are They Compassionate?

All lawyers are ready to win – even personal injury lawyers. It’s important, though, to find one who has compassion for their clients. Humanity plays a huge role when it comes to personal injuries, so it’s important that the lawyer you choose understands on a deeper level where you’re coming from and has genuine compassion for your situation. Communication is a key factor when it comes to maintaining a good relationship and therefore a strong case – to choose a lawyer with a personality you mesh well with can go a long way. It’s important that they sincerely care about your case and want you to get the compensation you deserve.

 

auto accident claims

Involvement of Multiple Vehicles Affects Auto Accident Claims

There are hundreds of accidents involving multiple vehicles in the United States each day. It only takes fractions of a second to cause major property damage and injury. There are a multitude of factors that may cause these accidents and affect liability.

Common Causes of Multiple Vehicle Car Accidents

While auto accidents can be caused by a wide variety of issues, weather and road conditions are frequently at the root of an accident that involves multiple vehicles. Speeding, failure to yield and aggressive driving are also causes of multi-vehicle wrecks. Impaired drivers certainly contribute to multiple vehicle auto accident statistics, as these drivers are a hazard to anyone sharing the road with them.

Processing Claims for Multi-Vehicle Accidents

When multiple vehicles are involved in an auto accident, the claim is handled differently than it is for a two-car collision. This makes the process slightly more difficult and certain steps must be followed to ensure claims are viable and properly finalized. Delays, non-payment and other hassles can be caused by improper filing or handling of claims for multiple vehicle auto accidents.

Determination of Fault in Multiple Vehicle Accidents

When several vehicles have been involved in an auto accident, extensive fact checking is needed for the claim to be developed. Close investigation is necessary for any auto accident, but particularly so in these cases. For multi-vehicle collisions, several legal representatives, insurance adjusters and other investigators will be working at the same time to determine what caused the accident and who holds liability. When three or more vehicles are involved in a rear-end collision, the final vehicle to collide may not be considered to carry any fault. Chain reaction collisions often require close examination to determine who is liable. Rules for these accidents vary from state to state and even among jurisdictions within individual states.

Property damage from the accident may be inspected by insurance adjusters, accident investigators and others. Witnesses will be questioned and support for accident re-creation is gathered. Responsibility may be determined after examining the vehicle types, damage acquired, injuries sustained and other supporting facts. The party at fault may be easily determined. But it is important to ensure that experienced investigators examined the accident fully.

When driving, every motorist has a responsibility to drive sensibly and carefully. When this duty of care is not properly performed, a negligence claim may be developed against that driver. If injuries result to another motorist, that motorist is legally able to pursue reimbursement for expenses from the driver found to be at fault.

For multiple vehicle accidents, it can become more difficult to clarify and establish negligence. There are many questions which must be answered, details to be discovered and complex situations to work out to determine liability.

Inspectors Contracted for Multiple Vehicle Accidents

Contracted agents may be used to inspect multi-car accidents by reviewing police reports, interviewing officers and pursuing other information that will help determine liability in the accident. This agent may determine that the accident was caused by the actions of a negligent driver. That driver may have acted using poor judgment that led to the damage to multiple vehicles. The driver can be held responsible for damages.

When acts of drinking or drug use are found by the case inspector to be the cause of accident injuries or damages, this information can be used to establish fault in a legal claim. Other acts of negligence include reckless driving, aggressive driving, speeding, following vehicles too closely or not observing traffic signs or signals. Weather, road conditions and other factors may have contributed to the wreck.

Contracted inspectors may analyze photos of the scene, review closed circuit video from area businesses, interview passengers and gain other information to help in their case.

When Contributory Negligence Occurs

Contributory negligence may play a role in claims involving multiple vehicles. Every state handles these claims in their own manner. Contributory negligence involves the contribution by the victim to their own injuries. For example, one driver may have caused an accident, but the injured victim’s speed or non-use of safety belts as required by law contributed to the magnitude of their injuries. When contributory negligence is applied, the percentage of damages awarded to the victim may have their own responsibility factored into the amount.

Compensation for Multiple Vehicle Accident Claims

State laws vary for multiple vehicle accident claims. Medical costs and vehicle repairs are covered by insurance. Filing of claims involves several important steps against multiple parties, with those filings varying according to insurance carrier. If fault is not determined in a multi-vehicle accident, a lawyer with car accident experience and his or her associated investigation team can help resolve the liability issue. There may be multiple parties at fault and such cases can become quite confusing. Personal injury lawyers often work with insurance providers to ensure proper handling of claims for correct disbursement of compensation.

business environment

How can Hostile Work Environment Harassment Lawyers Help

According to the United States Equal Opportunity Employment Commission (EEOC) sexual harassment is unwelcome sexual advances and requests for sexual favors. The EEOC also states that in case the sexual harassment at the workplace is both frequent and severe, it creates an offensive or hostile work environment, resulting in an unfavorable employment decision. If you are the victim of sexual harassment at the workplace, it would be prudent to seek legal counsel as soon as possible.

Why wait to see of your employer does anything about it? Get this off your chest and start presenting some evidence to law firm that knows this domain. They can help you and let you know how you can be building your case while still at work and doing your job. Where do you find an employment law firm of this type of caliber in the Sarasota area? The Malatesta Law Office should be the firm you turn too. Here is their site: www.malatestalawoffice.com.

When is legal action necessary?

In order to have a prima facie case against a hostile work environment, the factors detailed below should be proven first:

  • There should be behavior or actions that discriminate against certain protected classifications such as race, religion, age, or disability. Your Sarasota, FL sexual harassment lawyer will work with you on this after you convey to them your side of the story.
  • The communication or behavior must be persistent and not limited to a few off-color remarks that annoyed a co-worker.
  • The hostile actions, behavior, and communication need to be severe. For the most part, it should continue not only over time but must disrupt an employee’s work severely, as well.

Company harassment policies

A court tends to hold a company responsible for hostile work environment harassment, in case they fail to endorse a harassment policy, endorse an ineffective policy, or fail to implement its policy. In reality, harassment policies should be a significant part of any company’s non-discrimination policy, as any Florida sexual harassment attorney would explain to you.

On the contrary, in case a company has an effective non-discrimination policy evidently prohibiting harassment, and harassment happens although not obvious, and you fail to follow the procedure for an internal complaint, you may find it hard to prove that the company was aware of that harassment.

Sarasota, FL sexual harassment lawyers indicate that courts usually hold employers responsible for a hostile work environment harassment in the following cases:

  • Was aware of the harassment: When an individual in authority has in fact watched the harassment; the injured party files a proper complaint; or the harassment is openly and widely practiced.
  • Actually learned of the harassment: Whenever sexual harassment remains blatant; employees filed complaints which were completely ignored; supervisors and/or managers observe behavior, indicating that they should conduct further inquiries.
  • Failed to initiate appropriate and immediate steps to prevent it: Apart from being well aware of the harassment, the company or government entity failed to take action, making them liable. Whenever the company learns of the harassment in question, they must respond immediately, and take immediate and effective action. The entity must have an effective remedy that can stop the sexual harassment from taking place and also should check it from being repeated.

Consult a sexual harassment lawyer 

If you find yourself being subjected to constant environmental harassment of a sexual nature at or in the workplace, in spite of the several oral and written complaints made to the higher-ups of the company, it is time to hire a Florida sexual harassment lawyer without any more delay. Your legal representative will evaluate your case and assist in the explaining the law to you as well as argue for your rights in and out of court if necessary.

The Malatesta Law Office is one of the best in the business and leads the pack entirely in the Sarasota area. They have won many cases in the past and they know how to make organizations pay for not dealing with this situation properly in the first place.

 

lawyer

Can the Victim of a Sexual Assault File a Civil Lawsuit?

If you are the victim of a sexual assault you have the right to file a lawsuit in a civil court against the perpetrator. For the most part, a civil suit is not meant to initiate a criminal prosecution, but is usually the sole way to obtain monetary compensation for the harm that the victim has suffered.

If this terrible action happened to you on the job or in the course of performing a professional duty, there is some pivotal information for you right here.

Types of claims and damages

The type and amount of compensation available in a civil lawsuit for sexual assault depends on the definite facts of the case, as well as the legal doctrine under which the lawsuit is based. As there is no action termed “sexual assault,” in legal terminology, you need to choose another legal description to hold the defendant liable, named “cause of action” in this context. This can also mean intentional infliction of emotional distress, or assault & battery and Sacramento, California sexual harassment lawyers are familiar with every category mentioned here.

Irrespective of any legal theory involved in the civil case process, damages for sexual assault or abuse case emerge from the emotional and physical harm a victim has suffered and will most likely continue to suffer as a result of the abuse. This type of crime can haunt a female for decades. It affects her personal life and could make her distrust males in a way that is not rational and affects her life on many levels, professionally and personally.

Tarnishing their reputation

This is why this website is so vital, http://sexual-harassment-lawyers.usattorneys.com/california/, because it can offer a victim legal salvation. This culprit may not be headed to jail but their financial situation can take a serious hit. In fact, it may take them years to recover and could harm their personal and professional life as well if others find out about this.

Since these crimes are egregious in nature, a judge can award damages on a large scale. Thus, the perpetrator of the assault can be made liable in order to pay a large sum of money. However, there is a problem in some cases. If the perpetrator is not very wealthy, it might be hard, if not impossible, to collect. Liability insurance policies in general leave out coverage of intentional acts, so that any compensation should come from the defendant’s personal assets as any California sexual harassment attorney will tell you.

Proving your case in civil court

If you can prove that the defendant is responsible for the harassment it can initiate a criminal prosecution but if it is a civil lawsuit, you stand a better chance of succeeding. This is because a complex law termed “collateral estoppel” may give you the right to present evidence that the defendant was already found guilty of committing sexual abuse by a court in a criminal case.

Even without a criminal case, the victim should be able to establish that the defendant is legally responsible for having committed the alleged sexual abuse with the strong assistance of a Sacramento, CA sexual harassment lawyer.

This is due to the fact that the standard of evidence remains lower in any civil case, as compared to that of a criminal court. Under the circumstances, to establish a defendant civilly responsible for sexual abuse, the victim needs to do only one thing: to show that, “it is more likely than not” that the perpetrator committed the wrongful act alleged, “by preponderance of the evidence”.

However, in a criminal case, the onus of proof requires that the prosecution prove the guilt “beyond a reasonable doubt”, which is a standard that is much harder to meet. If you find this confusing you can always turn to a California sexual harassment lawyer who knows this arena if you or someone you care about has been a victim of a sexual assault. Your lawyer will be able to evaluate your case and examine the evidence available to help you with your lawsuit.

 

lawyer

Choosing a Personal Injury Specialization

As a lawyer fresh from law school, or even as an established member of the bar, it is easy to see and note the various occurrences that result in personal injury all around you. There are so many cases of personal injury each year that it can be tempting to want to handle every single one of them. Asides from the sheer volume of the work that would definitely weigh one down, it is noteworthy to mention that narrowing your field can help you better concentrate in your particular niche. Choosing the right specialization can help you do good for society and excel in your area of expertise.

Types Of Personal Injury Cases

There are many different types of personal injury cases, and some of them include traffic accidents, work accidents, assault, product defect, holiday accidents, medical malpractice and negligence (including dental), industrial diseases, repetitive strain injuries etc. The following are some questions you should ask yourself when you are trying to decide what aspect or type of personal injury case to specialize in:

Is This Your Passion?

The best personal injury lawyers are always passionate about the area they specialize in. You should ask yourself if you are concerned about a particular personal injury. Your compassion for victims of that particular injury would motivate you to do your best for them. Being too passionate about a cause can be a double-edged sword. If you should happen to be too passionate about the particular injury, your judgment could become clouded, or your decisions could be called in to question due to personal bias.

Do You Understand It Well?

Understanding the aspect of personal injury is a major requirement for choosing your focus area. It is common sense that you are likely to continue to do well in an area that you understand well. If you are a recent member of the bar, you can choose an aspect that formed a part of your bachelor’s degree, or if you are a seasoned attorney, then you must know or have a very good idea of what areas you have aptitude in.

Are You Compassionate?

Every personal injury lawyer, just like every lawyer, is in it for the win. You need to win the case and ensure your client gets what they deserve. However, in personal injury law there is also the humanity factor. Many of the top personal injury lawyers would tell you that the most important factor in this field is compassion. If you are compassionate with your clients about their personal injury struggles, and you are concerned with getting them their due, this will give you the motivation to succeed in doing so.

Making The Decision

You must be sure that you want to pursue personal injury law before even pondering a specialization. If you have decided that this is the route for you, choose the focus are in which you have a combination of passion, knowledge, and compassion. Narrowing it down in this way should help make your decision an easier task.