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What Documents Do You Need for a Medical Malpractice Case?

Posted by on Aug 12, 2015 in Uncategorized | Comments Off on What Documents Do You Need for a Medical Malpractice Case?

Medical malpractice is an area of personal injury law that states a medical professional was negligent and that negligence led to an injury, loss, or more severe illness on the part of a patient. If you believe your illness or injury was worsened due to neglect from a surgeon, doctor, nurse, or member of hospital staff, you might be able to sue them for damages. Here are some documents and records you need to have for this type of case. Financial Statements One of the first collections of documents you will need is your financial statements. Part of a medical malpractice case is showing that you have suffered financially due to your illness or injury at the hands of a medical professional. This might be lost wages due to the consequences of the negligence, the struggle to pay for medical bills, or the costs of paying for psychological help if it was a traumatic experience. Start gathering financial statements that show what type of hit your bank account has had as a result of this incident. If you have had any documents from your employer stating your job is at risk due to having to miss a large amount of work, that should also be included. Medical Records One of the most important documents required for a medical malpractice case is a copy of your medical records. Your records should show a timelines of getting treatment or surgery at a doctor’s office, dentist’s office, hospital, or other medical office, as well as what occurred after the negligence. This might be a surgery that went wrong that then required a stint in the hospital and more surgeries. You may have gone into the hospital and had a wrong diagnosis, which led to your illness worsening. The records should ideally show the medical staff that helped you, from doctor visits and consultation with a surgeon to the nurse checking your vitals in the ER. Mental Health Documents If due to the illness or injury you have needed mental help, you also need to include documentation for that. For example, if your aesthetician was not paying close enough attention to your vitals and you woke up during surgery, you might have experienced post-traumatic stress disorder due to this incident. If you needed to see a counselor or therapist, you should have record of that—not only of the visits, but the amount you paid for these visits, whether covered by insurance or not, and any prescriptions you needed to take. If you have to take work off to visit a therapist, include documentation of that as well. Contact a personal injury lawyer from a firm such as Walz Law Office  to get started on your...

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3 Factors You Must Have To File A Personal Injury Lawsuit

Posted by on Jul 31, 2015 in Uncategorized | Comments Off on 3 Factors You Must Have To File A Personal Injury Lawsuit

If you have been the victim of some sort of accident, you might be wondering if you should file a personal injury lawsuit. Personal injury lawsuits are filed everyday, but that doesn’t mean all of them are merited. Instead, it is important that, before you file a lawsuit, that you can prove that there actually was negligence and that you are owed money for your troubles. Here are a couple factors that must be present for a personal injury lawsuit of negligence. 1. The Defendant Had A Duty To The Plaintiff Before you can file a personal injury lawsuit, you have to prove that the defendant, the person you are planning on suing, had some sort of duty to you. This means that there had to be some sort of relationship where you trusted the defendant to act a certain way.  For example, if a person were shoveling gravel on public property and hit a passerby with the shovel, a judge would most likely determine that the person with the shovel had a duty to be sure no one was a around them. However, if the person were on their own private property, and they accidentally struck a person with the shovel who was trespassing, the judge may find that the defendant had no duty to the individual. 2. The Plaintiff Had To Be Innocent In The Accident In order to have a good personal injury lawsuit, the plaintiff should not be at fault for the accident; this is called proximate cause. For example, if you are filing a lawsuit against an individual for hitting you with a shovel on public property, it needs to be proven that you did what you could to prevent the accident. If the area was labeled to stay away, if you could easily see that there was a person working, or if a reasonable person would have moved, you may not have grounds for suing the individual, since you are partly to blame. 3. The Plaintiff Has To Have Injuries Say that there was an accident where you can prove that the defendant had a duty to the plaintiff and that the plaintiff was not at fault, the plaintiff still needs to have injuries. In order to file a lawsuit, there has to be damages. This means that there needs to be some sort of monetary way to determine how much emotional, and physical suffering was inflicted because of the accident. If there were no injuries, then there is no reason to file a lawsuit. These are just three things that you need to file a personal injury lawsuit.  For professional legal help, contact an office such as Law Office Of John J...

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Four Wrong Reasons For Changing Visitation Rights

Posted by on Jul 14, 2015 in Uncategorized | Comments Off on Four Wrong Reasons For Changing Visitation Rights

Few things are as complicated as child custody and visitation schedules. You need to balance the requirements of the courts, your personal plans, and also consider the best interests of the child. Thus, it’s not wise to change the schedule when you already have a working formula or has gotten used to the court order. You should only make a change if it necessary and furthers the interests of the child. Some of the wrong reasons for changing a schedule include: 1. You Have Different Parenting Styles Suppose you are a laid back dad or mom who isn’t too concerned about whether your children finish their art project before they can go outside to play. Suppose that the other parent is a strict overachiever who has a timetable for everything – from play time to nap time. Does this mean that you can change the custody or visitation schedule so that the children can benefit from your “superior parenting style?” The emphatic answer here is no because different parenting styles exist; and it’s not east to definitively confirm that yours is the best that everybody should follow. You used to make it work while you were together; you should also do your best to make it work now that you are separated. As long as the child is safe, then you shouldn’t worry too much. Only get concerned when his or her well-being is concerned, for example if the other parent abuses him or her in the name of discipline. 2. Your Child is Fed Up with the Other Parent So you want to change the visitation schedules because your son or daughter says she would rather spend the weekends with you? That would not be a wise move to make; the child isn’t in charge of the visitation. Sure, your child’s views are important because they help you understand what is going on in his or her life, but they don’t get to choose what to do and what to avoid. If the child wants a change, talk to him or her about his or her reasons. After that, sit down with the other aren’t and come up with the best solution. In fact, you shouldn’t get caught in your child’s generalized complaints about the other parent. Only get involved if the problem is real and serious, for example, if he or she left the child (who is young) alone at home. 3. Your Relatives Want the Child Just because the child’s grandparents want to live with the child doesn’t mean that you have to reduce your former spouse’s visitation schedule. Sure, your well-meaning parents may the sort of people who believe that you can’t raise a child while living apart from your husband or wife, but the decision isn’t theirs to make. If you change the rules of the game, your former partner has the right to sue you for violation of court orders. Since your state’s laws may accommodate the grandparents’ (or other relatives, for that matter) wishes, you should stick to the schedule stipulated in the visitation schedule. To learn more, contact a law firm like Metropolitan Lawyer Referral Service...

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Examples Of Technicalities DUI Lawyers Can Use

Posted by on Jun 25, 2015 in Uncategorized | Comments Off on Examples Of Technicalities DUI Lawyers Can Use

A person who has been charged with driving under the influence of alcohol for the first time may decide to accept the consequences instead of fighting the charge. The situation is more serious for someone who has multiple DUI offenses or who has caused an accident after drinking. Sometimes a criminal defense attorney can plea bargain with the prosecution for a lesser sentence or reduced charges, but that’s not always possible. In fact, in some states, it’s prohibited by law. That means a lawyer starts looking for technicalities that could result in the charges being dropped or the case dismissed. Examples of Technicalities Blood Test Reliability. A lawyer may question the reliability of the breath and blood tests used to determine the driver’s blood alcohol content (BAC). The lawyer may want to learn: how frequently the testing equipment is inspected, maintained and calibrated the occupation of the worker who drew the blood, because a medical assistant or police officer may be viewed as less qualified than a certified phlebotomist or a registered nurse whether any of the client’s blood was stored so an independent test can be performed whether an alcohol-based swab was used before the blood draw, as this can interfere with results Law Enforcement Actions. Police officers must have a specific reason to pull somebody over; they can’t simply suspect that the person is intoxicated. If you were not pulled over for a traffic violation or erratic driving, or you were not stopped at a sobriety checkpoint, your lawyer can use that in your defense.  In addition, if there was no search warrant requiring a blood draw and you did not consent, that may be another point of contention. The U.S. Supreme Court ruled in 2013 that citizens generally are protected from forced blood draws because of privacy issues. However, police officers are allowed to order a blood test without a warrant if they cannot get that warrant quickly enough for the BAC reading to be accurate. For instance, a small jurisdiction may not be fully staffed during certain hours or days of the week, and obtaining a warrant promptly may be difficult. The officers would have to show the court they did not have enough time.  Prosecutors Not Responding to Requests for Evidence. Known as discovery requests, requests for evidence must be provided by the prosecution. If the prosecution doesn’t fully respond without a certain time frame, a judge may dismiss the case.  Contact an Attorney Contact an attorney who handles DUI cases at Law Office of Michael Marinaro & Associates and explain your situation. If you decide to hire this lawyer, he or she will begin providing aggressive legal representation to help you maintain your...

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What You Need To Know About Your Personal Injury Deposition

Posted by on Jun 11, 2015 in Uncategorized | Comments Off on What You Need To Know About Your Personal Injury Deposition

If you have been injured in an accident that was not your fault, you may be considering seeking compensation for your injuries. Personal injury attorneys are experts in getting you the settlement that you deserve, and making contact with an attorney should be accomplished as soon as possible after your accident. Once you decide to proceed with a personal injury claim, your case will be scheduled for trial and you and your attorney will begin to prepare to go to court. Before going to trial however, there must be a deposition.  A deposition is a part of your case referred to as “discovery.” Read on for 7 important facts you need to know about depositions. 1.  A deposition allows both sides to question you and the witnesses to the accident. Oftentimes, a settlement offer is made as a result of the information gathered at the deposition, which means that there will be no need for a trial. 2.  You must be completely honest at the deposition, since you will be under oath when questioned and can be charged with perjury for lying under oath. 3.  Spend some time before the deposition preparing by refreshing your memory of events and looking over police reports and your medical records. If you have been using a journal, re-read the entries from the beginning. 4.  Depositions are not as formally structured as court, and lawyers can generally ask whatever they want with no need for a judge’s permission. As in court, an attorney may voice an objection to certain questions, and the objection is noted in the record. 5.  Be forthright with your attorney about the accident and any information about your past, especially any legal issues. Don’t allow your attorney to be caught off-guard at the deposition. 6.  Depositions can be a trial-run of a court proceeding, so a careful evaluation of your experience will be valuable for you and your personal injury lawyer as you prepare for trial. 7.  You may need to force some witnesses to appear at the deposition by using a subpoena. Just as in court, a subpoena is a legal instrument to compel someone’s appearance at a legal proceeding. While not exactly the same as court, depositions are extremely important and the testimony you and others give while deposed will become part of your case. Preparation for the disposition is vital, and your attorney will be by your side helping you to prepare as you testify and move toward a successful personal injury...

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Car Accidents And Lawsuits: 3 Surprising Things That You Must Do To Increase Your Chances Of Winning

Posted by on May 28, 2015 in Uncategorized | Comments Off on Car Accidents And Lawsuits: 3 Surprising Things That You Must Do To Increase Your Chances Of Winning

A car accident is a terrifying and mind-rattling experience. For this reason, it’s not uncommon for people to be unable to think clearly after an accident, which may cause them to make mistakes or forget things that can help them with their case later on. If you’ve been injured in an accident and want to seek damages for your injuries, there are several things you must do immediately following an accident to increase your chances of winning.  Write Down and Document Everything You might not remember key details several days after an accident, so it’s important to write down everything you can think of right after the accident. Things to document include: Location of the accident Time of the accident List of drivers and passengers involved How the accident played out Weather conditions Names of ambulance company and fire departments on scene There are several reasons why this information is important. The defense will research and obtain documentation directly in an effort to find gaps and inaccuracies in your story. So you have to be sure that you remember things correctly. Also, you must be able to spot inaccuracies on police reports so you can dispute them.  See a Doctor Immediately for Evaluation While it’s true that many injuries don’t show up for hours or days after an accident, you still have the right to be compensated for them. However, if you don’t go to the hospital initially after the accident and make an appointment several days later after pain manifests, the defense might use this to show that you weren’t severely injured at the time of the accident. Therefore, it’s always a good idea to see a doctor immediately, even if you’re not in pain.  Call Your Attorney before Calling Your Insurance Company Your insurance company is on your side, but you shouldn’t talk to them before talking to your attorney. During the course of the conversation with your insurance company, you will be asked a sequence of questions and your answers might hurt your case later on. For example, if they ask about previous back injuries and you tell them that you have back problems, you might be unable to collect on any back injuries sustained in the accident.  The defense has one goal in mind and that is to win the case and/or limit the amount of damages they have to pay. They are always on the lookout for information that might put a kink in your case. Don’t give them the opportunity. Make sure you do everything you possibly can after an accident to win your case. Contact a local attorney, like Monohan & Blankenship, with any...

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Your Online Rant Or Verbal Venting Can Lead To Criminal Charges If You Make A Threat

Posted by on May 12, 2015 in Uncategorized | Comments Off on Your Online Rant Or Verbal Venting Can Lead To Criminal Charges If You Make A Threat

There’s a line between “expressing your anger and frustration” and making a criminal threat. Make the threat big enough and you could even be charged with terrorism. In the wake of 9/11, school shootings, and riots against the police, it’s more important than ever to learn where your right to free speech ends and your ability to get into serious trouble begins. The First Amendment Doesn’t Give You A Free Pass To Say Anything That You Want The First Amendment protects your right to express your opinions – even if they’re angry, unpleasant, or outright ugly. However, if you start making threats – or you encourage other people to commit acts of violence – your speech is no longer protected.  If you say something threatening that’s obviously a joke or hyperbole, it’s still considered free speech. Only something that could be considered a “true threat” falls outside of the realm of protected speech and becomes criminal in nature.  The Rules About What’s Considered A “True Threat” Aren’t Really All That Clear There’s still an unclear standard by which the courts have to judge whether or not a threat is considered a true threat. Currently, the courts have used what is considered to be an objective standard, which asks whether or not a reasonable person would perceive the threat to be genuine. In other words, “Does it sound like a real threat?” For example, if you joke on your social media page that anybody who disturbs you before your first cup of coffee is risking life and limb, nobody is likely to take you seriously – hopefully. However, you can’t necessarily count on the reasonableness of everyone who reads your page, even if you add a “lol” or “jk” – internet slang for “laughing out loud” and “just kidding” after your post.  The Supreme Court has recently heard arguments that in order for something to be a true threat it would have to also meet a subjective standard, as well as the objective standard, would have to be met. The court would have to prove not only that the threat sounded real but that it was intended to be real. However, the court hasn’t made it’s ruling yet, which means that courts are still free to use the objective standard only. Your state laws can affect exactly what determines a terroristic threat and what doesn’t. Generally speaking, if you’re about to make a statement – online or off – that includes a threat to commit violence and the threat could possibly be taken seriously by any specific person, you might want to rethink it. If it’s too late and you’ve already spoken or posted something online that’s being taken seriously, contact an attorney right away for assistance. To learn more, contact a website like...

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4 Personal Injury Cases That Need A Lawyer

Posted by on Apr 21, 2015 in Uncategorized | 0 comments

In general, you should hire a lawyer any time you have a personal injury lawsuit on your hands. However, there are some situations that make it even more imperative to have legal counsel. If any of these apply to you, make sure you have a good personal injury attorney. Medical Malpractice If you are ever facing a medical malpractice suit, you should get a lawyer that specializes in this area of personal injury. Medical malpractice claims and lawsuits are complicated, regardless of the situation. You need to gather certain evidence and will need to have a good deal of knowledge about who might be at fault and who should be involved in the lawsuit. It is much easier if you let an attorney handle it. Severe or Long-Term Injuries While not all injuries necessarily need the help from a personal injury attorney, injuries that are permanent, disabling, long-term or severe require legal assistance. Long-term injuries and those that disable you permanently can have a dramatic effect on your life. In order to reduce the risk of losing the lawsuit and still having to deal with the consequences of the injury, hire a lawyer instead. The same goes for any severe injury that was caused by someone or something else, whether it was a car accident or the result of negligence. Not only will it be difficult proving who is at fault for your injury, but it can help pay your medical expenses. Exposure to Toxic Chemicals If you believe you received your illness or injury due to exposure to toxic chemicals, make sure you get help from an attorney as soon as possible. Toxic chemicals can be in products, food, the air, the soil, or even the water you drink or cook with. Because of this, it can be hard finding the evidence you need. Attorneys that specialize in this area of personal injury already know what to look for and have scientific resources in order to provide the proof you need to help win your case. Insurance Benefit Refusal Have you been denied benefits for an injury from your insurance company? If so, don’t try to file the claim or appeal on your own. As soon as you receive that refusal letter, contact a personal injury attorney. They will go through your previous claim that was filed and the refusal letter, and help to work it out with you. The attorney is also able to contact the insurance company for you so you don’t have...

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Understanding Your Rights When Dealing With Law Enforcement

Posted by on Apr 13, 2015 in Uncategorized | 0 comments

Dealing with law enforcement is usually a minor inconvenience for most people, often the result of being in a hurry or failing to observe traffic signs. However, when things stop being minor and start sounding more serious, it’s important that you have a firm understanding of your rights during any official interaction with police. Procedural police dramas might be popular television, but they very rarely get everything right. Remember, It’s Their Job For the vast majority of law enforcement officers, it’s nothing personal. They’re tasked with enforcing the law, preserving public safety, and investigating in the event that they have probable cause to suspect a crime. As a result, the less personally you take it, the smoother the entire interaction will go. That means be as polite, courteous and respectful as you possibly can be, even if you’re being charged with something more serious than a traffic ticket. What this doesn’t mean is that you should simply hand over free control of your person or your property. If you are under investigation you have certain rights, such as the right to legal representation and to be informed of what you’re being investigated for. These rights are immediately enforceable as soon as law enforcement informs you that you’re no longer free to go. If that status change occurs, your right to an attorney can’t be infringed upon. Your Attorney’s Role and Your Obligation While most official interactions with law enforcement won’t require an attorney, if charges are mentioned or things become serious, confusing, intimidating or frightening, don’t hesitate to make the request. Your attorney’s role at this point is to ensure that your rights as a free citizen aren’t in jeopardy. If things escalate, their role is to ensure that procedures are followed, due process is observed and your rights are represented. During any police interaction you do have certain obligations, such as identifying yourself when asked or providing proof that you are legally operating a motor vehicle. Alternately, you’re not obligated to provide any further information or respond to any other questions, though doing so can have both positive and negative results. Once again, it’s all about being respectful. In the event that you end up needing a criminal attorney like Mark Battaglia, P.C., regardless of how serious the charges, make your request early and be firm about it. The sooner your lawyer can be present the more they can do to protect you and improve your...

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Workers Compensation Lawyers: Repetitive Stress Injuries & 3 Ways They Can Help

Posted by on Mar 31, 2015 in Uncategorized | 0 comments

When most people think of workers compensation claims, they envision a construction worker who injured his back lifting a heavy object, or a warehouse employee who slipped on an improperly marked surface. But some of the most severe and debilitating injuries are those that happen incrementally, over time. These types of injuries are referred to as repetitive stress injuries, or RSIs, and include everything from the development of carpel tunnel syndrome to osteoarthritis. If you fear you might be suffering from a RSI, you need to contact an attorney before you visit your doctor or report it to your employer. The following illustrates three ways a workers compensation attorney can help those who have suffered a repetitive strain injury at work: Making The Most Of Your Physician’s Examination One of the reasons it is important to consult a qualified workers compensation attorney when dealing with repetitive strain injuries is to ensure a productive visit to the doctor’s office. Although most physicians are well aware of what to look for when assessing the degree of your injury, a workers compensation attorney can provide a detailed list of what you need to give you the best chance of success in your claim. Some of the procedures you want to make sure your doctor performs include Phalen’s maneuver and Tinel’s sign. Both are simple tests that involve positioning one’s hands in various configurations and assessing the level of discomfort or tingling that each produces. These are established medical diagnostic tests that are extremely important in the process of filing a workers compensation claim. More Advanced Testing You might also want your physician to assess your condition using nerve conduction velocity testing, electromyography, or an MRI. These procedures are more complex and involve expensive diagnostic equipment, and the costs represent expenses that not all insurance providers will cover. Electromyography tests and MRIs detect nerve damage, and can be very persuasive when filing a workers compensation claim. Still, you want to contact your health insurance provider before requesting these kinds of tests. If they fail to show significant trauma, you may be stuck with a large medical bill and nothing to show for it. Accurately Explaining The Injury Physicians cannot read their patients’ minds, so it is important to provide them with a detailed description of the extent of your injury. Simply stating that your hands hurt doesn’t give a doctor a whole lot to work with, which is why it’s important to describe your pain and discomfort in details. You need to relay to your doctor the precise movements and bodily positions that produce pain. For instance, if your hands only hurt when your wrists are higher than your elbow, or lower, you need to say so. Details like these can go a long way towards ensuring your workers compensation claim is approved as it demonstrates a specific and reproducible symptom. Without them, the review board may conclude that your injury is the result of some extraneous activity. Without a workers compensation lawyer to ensure that visits to the physician are productive, that specific tests are performed during those visits, and that your injury is described in entail, you may have difficulty in securing workers compensation benefits. To learn more, contact a company like Malone & Atchison with any questions or concerns you...

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