October 24, 2021
What To Do After Experiencing a Concussion
In the United States, there are upward of 3 million concussions every year. While concussions can result in serious consequences, they are common enough that most doctors understand the appropriate treatment to deliver to patients with a concussion. If you were injured because of someone’s negligence, then your treatment options may be worth an award.
When it comes to recent concussions, here is what you need to do to avoid complications and to heal as quickly as possible.
Avoid All Triggers
There will be some triggers that can increase the symptoms of your concussion. Once you figure out what aggravates your symptoms, you need to avoid that activity. You must take care of yourself throughout the concussion. For example, if bright lights give you a headache, then you should try to keep the lights dim at all times. You may also want to wear sunglasses or have a brimmed hat.
Rest Your Body and Mind
Never overstimulate your brain when you have a concussion. You have to allow your brain to rest. You may want to avoid reading, studying or learning new material. After a concussion, it may be difficult to process new information. Do not push yourself to finish anything that requires a lot of processing or cognition.
In addition to your mind, you need to rest. Make sure that you do not increase your heart rate unless a doctor has cleared you. You may be able to walk slowly or take part in light exercise. Make sure that it does not make your symptoms worse. Try to get as much sleep as possible. Take naps when you are tired and do not distract yourself when it’s time to sleep.
Be Careful With Pain Relievers
You need to use caution with pain relief following an accident. If you have a concussion, then you should not use anti-inflammatory medication. The problem with these medications is that they could increase your risk of bleeding. However, another important thing to keep note of is that pain relievers can mask your symptoms. For example, if your headache grows or you miss out on the concussion symptoms, it could worsen without treatment.
After you suffer a concussion, it is important that you take care of yourself as much as possible. Try to get as much rest as possible and not try to take part in any strenuous activity. If someone else’s negligence caused your brain injury, consult with a brain injury lawyer or even a brain bleed lawyer, like the lawyers at Davis & Brusca, LLC, for help with your case.
October 14, 2021
Crucial Reasons for Hiring a Divorce Attorney
Hiring a Divorce Attorney
Getting a divorce is highly stressful. This emotional weight is compounded by the sudden expense that’s involved. You might conclude that you can get by without hiring an attorney. Many reasons make going without legal representation a poor decision. Here are a few things that divorcing individuals should keep in mind.
Hopefully, this is the first time you’ve gotten divorced. Even if it isn’t, it’s unlikely that you know more about divorce than someone devoted to the topic. When you have questions, it’s better to have someone you can speak with directly, rather than searching for the answer you need in a law library. A divorce attorney with years of experience can also help secure beneficial agreements regarding asset division, child custody, and financial support.
Divorce lawyers are adept at completing and submitting paperwork, which can be baffling for those unfamiliar with what’s necessary. Whether you have someone assisting you or not, completing records incorrectly can delay the process or create an outcome that isn’t in your favor. Divorce attorneys can help assure that everything is done correctly, thus eliminating certain unpleasant hiccups.
You’re already preoccupied with the emotional dimensions of your marriage ending. Why would you want to compound that struggle? Allowing a divorce attorney to take care of legal matters lets you process personal events and contemplate the future without being sidelined by legal minutiae.
When you’re in the thick of an unraveling relationship, you need to assess the situation with open eyes. This can be difficult if you’re wrapped up in the matter at hand. Friends and relatives may be willing to talk about the situation. Unfortunately, they often have personal feelings that cloud their opinions. A professional divorce attorney can objectively look at your circumstances in a way that others cannot. These opinions are often invaluable when deciding how to proceed.
Attorneys are not therapists, but having someone to talk to might be precisely what you need. Divorce attorneys understand the difficulties that separating individuals go through. Good ones will comprehend aspects of your divorce that have nothing to do with the law. Paying your attorney to hear you express yourself may be a more affordable alternative to seeking therapy.
When your marriage is dissolving, you might have the idea that hiring a divorce lawyer won’t provide any benefit. This couldn’t be more wrong. Always secure the services of a qualified divorce lawyer, like the attorneys at May Law, LLP, to help end your union smoothly.
October 9, 2021
Dealing with criminal indictments can be exceptionally scary. If you are a defendant in a criminal case, the result could be life-changing. Your first thought maybe, “am I going to prison?” or “how long am I going to prison?”. Not knowing the answer to these questions can be extremely daunting. Laws vary from one state to another; however, the law generally is the same regarding condemning an offender. Before a defendant goes to jail, there is a presentence hearing that is held. This is the deciding element between jail time, probation, or maybe fines. The reason for a presentence hearing is to assess who you are as a person and discuss your experiences prior to deciding your ramification for any serious crimes.
A probation officer will be in attendance to survey you and your criminal history. Your criminal history, regardless of the extent of the crime, will show what kind of individual you are and whether you are a habitual perpetrator. They may also need to see your work history. If you have a history of maintaining legal and steady work this will assist with demonstrating that you are capable of being a good part of society and carrying on in a way of life that isn’t unpredictable, criminal, or dangerous. Since the probation officer may not know you, character reference interviews can assist a great deal. It helps that those that realize you best have incredible things to say about you, your character, and your commitment to everyone around you and society. Character witnesses may show that you are a necessary member of your community. These statements may reference you as an incredible parent to children that need you around, they may show that what you were being accused of isn’t your usual behavior. These details matter in a presentence meeting, all the information you assemble can play a huge role in determining your future. The best way to prepare for these interviews is to prepare your loved ones for questioning, and to even take part in community activities; maybe even commit to some community service. Should you or anybody you know be accused of any criminal offense, a skilled criminal defense attorney in your area may be able to help prepare you for your presentence meeting by advising you on ways to potentially get the best outcome. It is best to look for legal representation, as the Criminal Defense Attorneys, at The Lynch Law Group at the earliest opportunity.
July 27, 2021
Car Accident Lawyer
Individuals injured in a car wreck may wonder whether suing makes sense. As a car accident lawyer from a firm like John K. Zaid & Associates can explain, the answer often depends on how much the litigating party stands to be awarded. That amount depends on multiple factors specific to each case. These are a few to consider before filing.
You cannot win unless you can prove that fault lies with the defendant. The type of negligence that’s shown impacts your final award. Whether the guilty party was grossly negligent, had a lapse of judgment, or was willfully malicious makes an enormous difference in the eyes of a judge and jury.
The level of medical treatment you must seek after a crash informs the court regarding how much you deserve. The price of consultations, medication, and surgeries can add up quickly. Medical bills directly related to the collision’s effects shouldn’t have to be shouldered by the innocent. Save every invoice that comes your way. If any paperwork gets lost during your recovery, a car accident attorney can help you through the process of requesting copies.
The injury you suffer extends beyond physical harm. Insurance might cover the cost of fixing or replacing your vehicle, but on the other hand, the amount you get may not be enough. Your lawyer can demand that the negligent driver make up the difference. Likewise, the cost of destroyed items that were inside your vehicle during the incident can be collected.
The harm you sustain could reduce or even eliminate your ability to work. When this happens, there is a reasonable argument that you deserve compensation for lost income. Tax returns play a vital role in proving how much theoretical cash you’re out.
Your injury might also be severe enough that you can no longer enjoy life in the manner you once did. A loss of mobility, for instance, might restrict you from indulging in favorite activities, such as gardening or dancing. Maybe driving has become too risky because of what might happen if another accident occurs. You can even seek a monetary reward for anxiety caused by the crash. These factors fall under the nebulous category known as pain and suffering. Car accident lawyers are adept at arguing why victims deserve higher compensation for these factors.
The amount you stand to gain from winning a lawsuit related to a car wreck depends on many variables. Consult an automobile accident attorney to figure out how much you might be able to demand in court.
July 27, 2021
When an individual, group or entity (business) might be legally responsible for causing loss of life, they could face a civil claim for wrongful death. In wrongful death lawsuits, family members or other loved ones of the deceased person can seek damages for lost income, medical expenses, and pain and suffering. The laws for wrongful death vary from state to state so it’s best to consult with a local civil attorney to find out how to proceed with a claim in your area. If you want to file a wrongful death claim, but you are not sure which family member should be the plaintiff, what should you do?
Name a Personal Representative
Some states need a “personal representative” to file a wrongful death lawsuit on behalf of a victim’s family and loved ones, as a wrongful death lawyer like one from David & Philpot P.L. can tell you. Usually, the personal representative is a person or company named as the executor of the decedent’s estate. So when they file the lawsuit, they are seeking damages for the victim and their survivors. The court can consider what compensation the victim could have received such as pain and suffering, medical expenses, and loss of income. After the decedent’s damages, the lawsuit addresses “loss of companionship” and loss of future income for family members and other loved ones.
Determine “Real Parties in Interest”
Due to the legal disparities among all 50 states, you should consult with a wrongful death lawyer to confirm the legal requirements for wrongful death lawsuits in your area. Generally, the individuals seeking damages as the decedent’s survivors are “real parties in interest”. Some states consider only “lineal descendants” the only family members entitled to wrongful death compensation. Lineal descendants are spouses, parents, children and grandchildren. In cases where the decedent doesn’t have any surviving close family, some states will then allow siblings, aunts, uncles, nieces and nephews to file claims.
There are states that allow “putative spouses” such as life partners, or anyone who had a long-term domestic relationship with the decedent as possible plaintiffs. Putative spouses who were financially dependent on their dead spouses are entitled to compensation.
In Maryland, any person who would have inherited money or property from the decedent is entitled to wrongful death compensation. There is no need for a blood relation or marriage to name a plaintiff.
Depending on where you live and your relationship with the victim, wrongful death laws in your state might be complex. Consult a local civil attorney with wrongful death representation experience so you can proceed in your fight for compensation.
July 18, 2021
Car Accident Attorney
When there’s a car accident, a claim of medical malpractice, or any kind of significant injury that results in lost income sometimes the truth isn’t completely clear and the lines are blurrier than the court would like it to be. The poses a problem because when a case finishes, it important that justice reigns in the end and this can only be accomplished if all the fact are revealed, acknowledged and considered. Hearsay will only get you so far if not anywhere at all so when the courts need a point of view to settle the score on the finer details and facts in a case, who do you call? The third parties.
And not just any third party, only special individuals that are in possession of an expert point of view or opinion will be considered with their testimony being a large influence in the ruling of the case. Here are a few below:
In a medical malpractice case, while you might be very convinced that your claim is well-founded, you’ll have a little trouble convincing the courts by yourself given that you yourself do not have any medical experience. So in order to argue your claim you’ll have to acquire an affidavit of merit: a sort of endorsement signed by a medical expert supporting the validity of your claim. Given their acumen and training, the courts will heed more so the words of another medical professional and getting their seal of approval will help your case.
In the event of a significant injury or untimely death, there is usually a loss of income to the family of the injured or deceased. Personal injury cases are conducted with the goal to recover the damages lost and this includes the income lost as well. Certain cases call and allow for the recovery of the income “expected” to be lost and for that, one needs the consultation of an economist or vocational rehabilitation specialist. They’re capable of calculating the income expected to be lost through numerous facets regarding employment, attendance, taxes, bills, and the like. Their testimony is especially useful in a trial where you’re seeking an amount beyond the opposing party’s insurance policy limit.
The king/queen of all third party influencers is the eyewitness. A person who has seen the accident in part or in full who is not directly related to nor has expressed affinity or allegiance to you, thus eliminating conflicts of interest and fostering a higher probability that an unbiased, accurate and trustworthy statement will be produced. Not that individuals with the above qualities can’t be called upon to testify, but the more distant the connection the better.
July 18, 2021
Defective Product Lawyer
A plaintiff who is injured by a defective product may bring a products liability lawsuit under a theory of strict liability or negligence. Under either theory of liability, a plaintiff will need to prove that the product was defective in at least one of three ways. The three types of defects are manufacturing defects, design defects, and marketing defects. Additionally, a plaintiff may be able to bring a lawsuit for a defective product under a breach of warranty theory. Regardless of the type of claim a plaintiff chooses, they will also be required to prove that the defect caused their injury.
A manufacturing defect is present when a product departs from its intended design due to a problem with the way the specific item was made. Thus, a manufacturing defect causes one product to differ from all of the other products in its line. This may occur because of a mistake on the assembly line or contamination at a processing facility. For instance, a worker might use an incorrect bolt to fasten the legs to a chair, making the chair defective due to its manufacturing, rather than its design.
Manufacturing defects differ from design and warning defects because they affect only one or a few of all of the products produced, while design and warning defects affect all of the products in a line. Manufacturing defects are therefore relatively rare. To prove a manufacturing defect, a plaintiff will have to show that the product was dangerous when used as intended and that the product would have been safe if it were manufactured according to its intended design.
A design defect is present when an entire line of products has an inherent flaw in their design that makes them unreasonably dangerous to consumers. Design defects occur even though no errors were made in the manufacturing process and no products deviate from their intended design. Design defects may result from a failure to take foreseeable risks into account when making the blueprint or specifications for the product.
Examples of design defects include SUVs that are prone to rolling over, medical devices that have a propensity to fragment inside patients’ bodies, and pesticides in which the main ingredient is carcinogenic. Often, a plaintiff will need to hire an expert to help establish that a product had a design defect. Proving a design defect typically involves showing that a safer alternative design was available at a reasonable cost.
Marketing Defect (Failure to Warn)
Marketing defects are also referred to as failures to warn. Marketing defects occur when a manufacturer fails to give adequate instructions about the product’s use or fails to warn consumers about a product’s inherent risks. Manufacturers are not required to warn about obvious risks but must warn about others that are unavoidable in using a product. Marketing defects often arise in pharmaceutical cases when drug manufactures do not list the side effects of a medication on the bottle.
To prevail under a marketing defect theory, a plaintiff must show that the manufacturer knew or should have known of the product’s risk, that the risk presented a danger to consumers even if the product was used as intended, that consumers likely wouldn’t discover the danger, and that the manufacturer failed to provide adequate warning of the danger. Further, the plaintiff must have been using the product for its intended use or misusing it in a predictable manner. If the plaintiff was using the product in a manner that was not reasonably foreseeable, the manufacturer will not be liable for failure to warn.
Breach of Warranty
A plaintiff may sue for breach of express or implied warranty. Breach of express warranty occurs when a product is sold with a written warranty and fails to comply with the terms of that warranty, thereby injuring the consumer. Express warranties are often contained in labels, packaging, manuals, or advertising for the product.
Breach of implied warranty usually concerns the implied warranty of merchantability, which warrants that a product is safe for its intended use. Breach of implied warranty might also arise from the implied warranty of fitness for a particular purpose if the seller knows that the consumer will be using its product for a specific purpose.
July 17, 2021
Over the past several decades, divorce has all but lost its stigma. This is due, in large part, to the fact that an individual’s opportunity to live happily and in healthy ways outside of an unhappy marriage have come to be valued more significantly by society as a whole than the urge to remain together at all costs. No matter your reason for divorce, it is essential that you know the proper steps to take when filing for a divorce. With these tips in mind, you can make informed decisions about your situation and can progress through this phase of life plagued by as little stress overall as is possible under the circumstances.
Hire a Family Lawyer
When you decide that you want a divorce (or learn that your spouse wants one), the first thing you should do is hire a family attorney. Choose someone who has specific experience in divorce law. This way, you can expect a better outcome for your case. Choose someone whose reputation and approach to client representation matches your unique needs, goals, and priorities for your divorce process.
Submit Necessary Documents
For a married couple to obtain a legal divorce, one or both parties must file certain documents with the court. Your attorney will help you file all necessary documents. One or both spouses will need to file a divorce petition. In the petition, the person must state the reason for divorce. There are fault and no-fault divorces, and the type you file for will depend on your specific situation. There are pros and cons of both types, so be sure to discuss the differences with your attorney.
Notify Your Spouse
After you file your divorce petition, you must serve the divorce papers to your spouse if they did not file with you. At this point, the party receiving the petition can contest the divorce. As an experienced divorce lawyer – including those who practice at The Law Office of Daniel Wright – can confirm, acting quickly to respond to a divorce petition is critical, as waiting too long may limit your opportunity to receive a fair divorce settlement.
Reach a Settlement
Once both parties have agreed to the divorce, negotiations can begin. (If the divorce is contested, it will need to be litigated.) Each party’s legal team can negotiate to reach a settlement with which everyone is satisfied. If this proves to be impossible, a judge will rule on the case in court. It is less expensive and less time-consuming to settle outside of court, but for better and for worse, that is not always possible.
Divorce can be an emotionally draining process, but it can be much easier with the right legal team on your side. If you are considering divorce and needing legal guidance, contact a family lawyer today to discuss your options.
July 14, 2021
Hiring a Car Accident Lawyer
Any accident that occurs to someone can be a tough thing to experience. When someone causes a car accident out of their own fault and negligent actions, this can lead a person into a difficult period of their life. Understanding who pays for doctor bills following an accident and whether or not your car will be paid for by insurance can be stressful. If you have just recently been in a car accident, then understanding how to proceed is especially crucial in these times. Legal counsel on your side can help shoulder the difficult situations that may arise following the accident. They can help with a variety of different aspects of car accident cases and can help people receive the compensation and damages they deserve when the accident was not their fault.
Main Reasons to Hire a Car Accident Lawyer
One of the main reasons that someone wants to hire a lawyer is so that their potential settlement in a case has the best chance of reaching the maximum. Some of the other key reasons include:
- Ensuring that your rights are not violated: A lawyer knows the different tactics that individuals and insurance companies take following accidents, which is why having their advice and service is crucial to ensure that rights are not being violated.
- Navigating state and local laws: The law can be tricky and contain numerous details that are hard to fully comprehend. That is why an experienced lawyer is so valuable to have to help explain these laws.
- Acting as firm and professional support: Having support from strong legal counsel is crucial to have the confidence of continuing a case and reaching the settlements you desire.
- Being your chief strategizer: None do it better than lawyers when it comes to building strong personal injury cases.
These are just a few of the main reasons why it’s beneficial to hire legal counsel to assist with a car accident case.
Navigating Your Car Accident Case
Car accidents are difficult to navigate alone based on the nuances and complexities that can come about. Consider contacting the services of an experienced and skilled car accident lawyer in your area, like one from MartinWren, P.C., to secure the compensation and damages you deserve for your injuries and property damage. Lawyers understand the different things that can come up in a case and know how to answer those challenges. That is why many people turn to legal counsel when they are involved with a car accident case and want to get what they deserve in that case. If someone else has led you to receive injuries and damage to your property then you should be entitled to receiving compensation for that.
July 12, 2021
You may think that if you and your soon-to-be ex spouse are on the same page with the divorce, that you do not need to hire a divorce lawyer to help you throughout the process. This is an enormous mistake many couples make when going through the divorce process, especially if they have children or a large amount of assets. Make sure to contact a divorce lawyer in Colorado, like a divorce lawyer from Zweig Law, PC Attorneys at Law, as soon as you and your spouse decide that you are getting a divorce. You do not want to agree to any terms without speaking with a legal expert on this matter.
Child Custody Can Be Complicated
If you have children, you absolutely need to have a good divorce lawyer on your side. You and your ex-spouse may agree on the terms of how the children will be cared for, but if anything becomes different and one of you decides you want to make a change, it can be very difficult to resolve any issues without having legal documentation written about how to care for your children. You have rights as a child’s parent. Make sure you protect these by retaining the assistance of an experienced divorce lawyer. You can discuss things like when you want to have your children at your home, who takes which responsibilities, and you can figure out whether or not your ex needs to pay child support. Things can quickly go south if you do not have an organized plan on how to coparent. Divorce lawyers know how to make things as civil as possible, and more important, smooth on the children.
Your Assets Need to Be Protected
You have rights after being married to someone. Splitting things like a home and other large assets can be complicated, which is why it is important to enlist the assistance of a good divorce lawyer. You need someone who will be on your side, especially if your soon-to-be ex spouse has a lawyer of their own. This will ensure that you are not left with nothing after the divorce. Every state has different ways of splitting up assets, and a lawyer who lives near you will know what you may be entitled to. Even if you signed a prenuptial agreement, it is still important to hire a divorce lawyer to see if anything can be done to have claim to some of the items you shared as a couple.
Contact a Divorce Lawyer Right Away
Do not hesitate to contact a divorce lawyer as soon as you realize you are going to be going down this road. It is not petty or will not cause trouble. It is a smart move that will protect everything that you have in your life. Your ex should understand, as he or she will likely want their own lawyer anyway. You should never try to share a lawyer with your soon-to-be ex. You each need your own to look out for your own interests.