Lawyer Marketing Link Exchange

It has been awhile since I’ve posted my last article to legalcatch. I’ve had some positive feedback from previous lawyer marketing posts and I’m happy to hear some of you are putting these ideas into place. I’ve gotten some feedback from both industry experts but more importantly through several of my clients. I’ve put into place several months ago a ramp up on one technique that seems to be working very well. I am talking about link exchange and not the same type of link exchange you are probably thinking about. I’m talking deep link exchange and not just from one site to another, I mean deep link exchange from different pages within your website.

Lets consider the following: You have a website address called www.yoursitewhateveritis.com

This is the page I call the “Parent” aka your homepage and every single page on your website should have a link going back to the parent. The link from the other pages on your site should link on a keyword. For instance Law Information may be the keyword term that legalcatch.wordpress is trying to capture. I use the hyperlink with the title in the hyper link aka law information going directly to this sites homepage. For some attorneys that practice personal injury law in New York, their keyword may be New York Personal injury lawyers.

To find out what people are searching for use this tool: https://adwords.google.com/select/KeywordToolExternal

This is google adwords tool and you can find out what people are searching for by putting your keywords into the keyword selector.

Your “children pages” should be your key five or six pages listed on your site aka, about us, contact, practice areas etc. Each of these pages should have links going to other pages aka deep links as well as to the parent.

Your grandchildren pages should be those pages linking down from your about us, contact and practice area.

Now lets put it together.

Home Page (every page should link to your home page with 1 to 2 different keyword phrases)

Child Page (these are the pages that describe your firm and services. These pages may include your about page, practice areas, firm overview and practice areas)

Grandchildren (these are the pages that should have your practice areas such as car accidents, slip and falls, mold cases etc if your a personal injury lawyer. For criminal lawyers it would be assault and battery, dwi, dui etc.)

Great grandchildren (these pages should describe terms related to your grandchildren pages such as for a personal injury lawyer - contingency fee, compensation, expenses)

The link exchange should start from the bottom up and you can link from the top to the bottom. When you link from your parent to great grandchildren pages we call this deep linking. If you can capture the terms for each page through your hyperlinks you will get good seo. google loves deep link exchange and if you can take the time to get good link exchange within your site you will crush the competition I promise. google has changed their algorithms and I’m almost certain that deep linking within a website is something they are weighing heavy on today and in the near future.

I have one other technique that works with this link exchange I will explain in my next post. Try this technique and do a lot of link exchange within your site. I promise you will see your site take a leap in the search engines.

Political Law

I do understand that there are many people that are in the legal industry that read and make comments to this blog. I have a quick question about political law if it even exists. Over the last 6 months or so I have been observing the deterioration of the Democratic Party. I have never in my life been so turned off to the left.

I could point out the inconsistencies of both Obama and Clinton but I haven’t got the time. As for McCain, while far from perfect I will admit he probably is about the only candidate on this trail that is telling some truth. Political law can be summed up as campaign finance, lobbying, elections and ethics but what about those candidates that lie to the American people, I mean completely lie to the American people? Shouldn’t they be held accountable for the lies, deceit and the embellishment of truth and shouldn’t it fall under Political Law? What type of standards should we hold each candidate to when we find out that they have wrongfully portrayed their campaign and have lied to the American people in order to get to the highest office in the World?

When we found out about Clinton and Monica Lewinsky’s affair we were trying to impeach the President of the United States. What about the lies from the Obama campaign about Rev. Wright? Shouldn’t we have the right as a people to IMPEACH him from the Candidacy? What is the difference? If a candidate is not telling the truth about his or her past and is found guilty not by association but by his or her merit, I think the American people deserve more than an explanation that oftentimes is embellished; perhaps we hold the right of getting that person dismissed from the presidential race. I do understand that this wouldn’t happen or couldn’t happen because at the end of the day, no candidate both Democratic or Republican would be left standing.

Political Law to me should be the law against one candidate making up vicious rumors or telling lies during his or her campaign. In law we would call this defamation or slander, in politics we call this “fair game.” When we begin looking more in-depth at each candidate as it comes closer to the General Election we should ask ourselves, what candidate do we really believe will take us in the right direction. This candidate should share the values and morality that this Country was founded upon. While this Country may not be perfect, we are certainly the greatest country in the world. For those people that are living here and disagree, LEAVE! Our Country will be much better off without you here.

Political Law to me should be the law that protects us the American people!

In closing I ask myself, what did the Democratic Party accomplish today? The answer is clear; They have accomplished abandonment of the core values of the Democratic Party! They’ve accomplished bringing Regan Democratic’s and Independents to the right while dismissing their own supporters core beliefs and values. The only thing that they’ve not accomplished yet is how they are going to make this country better.

Content provided BY T.B.

****These are not necessarily the views of legalcatch.wordpress.

What is Arbitration and Mediation?

Arbitration and mediation are two types of Alternative Dispute Resolution (ADR), which is a way to resolve conflicts outside of traditional lawsuits and courtrooms. Sometimes attorneys are involved and sometimes not.

ADR may be used in:
Divorce or child custody/visitation disputes; Personal injury or accident cases; Consumer complaints (such as car sales); Business and commercial disagreements; Complaints against financial and brokerage companies; Landlord-tenant fights; Minor criminal matters.

Mediation is conducted by a “mediator,” arbitration by an “arbitrator” (or in special cases, more than one arbitrator acting together, called a “panel”). Arbitrators and mediators are neutral and have no interest in the outcome of the proceeding, they are usually retired judges or lawyers being paid by the hour by the parties involved.

To proceed to arbitration or mediation the parties generally use a private ADR company. The ADR session typically is held in a private office, rather than a courthouse. An agreement is signed, committing to follow that company’s arbitration or mediation rules.

New York’s Civil Practice Law and Rules provides at Section 7501:

Effect of arbitration agreement A written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. In determining any matter arising under this article, the court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute.

A written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. In determining any matter arising under this article, the court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute.

The difference between arbitration and mediation is that arbitration is binding and final and mediation is not ‘ if the parties mediating can not be made to agree, nothing is resolved.

Mediation can be helpful in bringing two (or more) sides together. Mediation procedures vary, but the parties usually meet first with the mediator to explain their positions. The mediator may then meet with each party separately, going back and forth to reach a resolution. Most disputes are settled, and often the parties are asked to sign a written “settlement agreement,” which is binding and final.

Arbitration is more like going to court; it’s a “mini-trial.” An arbitrator hears evidence and listens to witnesses and makes a decision, acting as a private judge and jury. The arbitrator makes a decision, called an “award.” The arbitrator’s award is final, may not be appealed, and may be enforced like a court judgment under Article 75 of New York’s Civil Practice Law and Rules.

Why ADR? Because: it’s inexpensive and fast. Stress tends to be reduced because the result is quick and final. The case is over and done with.

To resolve New York personal injury and accident cases, either mediation or arbitration may be used.

In mediation the plaintiff or claimant will send an attorney who may or may not have the client attend. The defense will either produce an insurance company representative or an attorney who can telephone in to the insurance company for settlement authorization as the parties near agreement. Either side may submit hospital reports, medical reports, photographs, or other materials to assist the mediator in understanding the nature of the case.

In arbitration, the parties present witnesses or evidence, although the neither side need have doctors or other expert witnesses appear and testify, instead submitting their reports. This can result in tremendous cost savings.

A device often used in New York accident arbitrations is the high/low agreement. This means that the parties will agree, in advance, that the arbitration award will not exceed a certain amount, and not go below a different amount. For example, if the parties agree to a $50,000/$100,000 high/low (more accurately it could be called a low/high), than if the arbitrator awards an amount below $50,000, the plaintiff would still get $50,000. If the arbitrator awards more than $100,000, the plaintiff would only get $100,000. If the arbitrator awards an amount between $50,000 and $100,000, the plaintiff would get that exact amount. The existence of a high/low agreement is generally not disclosed to the arbitrator. The smart plaintiff’s attorney will have the client sign off on arbitration and the high/low agreement, because the client is limiting his or her potential monetary recovery, and giving up both the right to a trial in court and the right to appeal an unsatisfactory award.

Advantages of a high/low agreement: The insurance carrier for the defendant can ensure that an award will not exceed its available insurance company. The plaintiff can ensure that he or she gets something, and will not walk away empty-handed.

FREE books and reports! For more information about New York car accidents and personal injury request attorney & author Gary Rosenberg’s FREE book: Warning! Things That Can Destroy Your Car Accident Case (And the Insurance Companies Already Know These Things), at www.GreatLegalBooks.com . For more information and FREE reports, visit the website, www.GaryRosenberg-Law.com .

Offshore Company Formation: Avantages & Disadvantages

Forming a company offshore has been considered a smart business move among a lot of social circles. Just remember that starting your own business is a huge ordeal to begin with, so when you consider an option like this one, you need to make sure it is not only the right decision for you to make, but also, is it the smartest decision? Will it be wise to form an offshore company under the jurisdiction of say Belize, Panama, or Switzerland?

Unfortunately, the concept of offshore incorporation carries with it a negative mindset. So many individuals have been led to believe that this type of entity is formed to hide shady business deals or to dodge paying one’s taxes. Never has this been farther from the truth, when in reality, many legitimate businesses are using offshore location as a leveraging tool that would not be possible were it not for their location.

Why should I form a company offshore? There are three major reasons ahead of all the others and they are definite advantages where this concept is concerned.

Advantage #1 Legal protection

This should be the first reason for considering an offshore operation. Typical business operations tie the assets of the business to a name, usually the owner’s. This is not the case with an offshore entity. The benefit to this is that your assets are now immune to lawsuits and other legal judgments.

Advantage #2 Privacy

Most businesses do not enjoy the level of privacy that is provided by an offshore business. It’s difficult enough to try and determine a company’s assets, much less keep them anonymous. The offshore concept provides the anonymity that is oftentimes desired.

Advantage #3 Tax Benefits

The potential tax savings are huge, not to mention enticing, and depending on whose jurisdiction you form your business in, these savings could be of significant proportions. In a few cases, there is no tax at all. You will need to put in some time performing due diligence and research on this benefit, as the benefits vary widely from on jurisdiction to the next.

What are the disadvantages of forming a company offshore? Again, there are three major issues to consider when looking at setting up a company in an offshore setting, but then again, you can’t have the advantages without some disadvantages.

Disadvantage #1 Appraisals and Financing

The offshore concept provides you with privacy, but the major drawback to this benefit is that it also makes it difficult for the potential financial partners or investors to determine what your business is actually worth. In addition to this, lenders are more likely to be hesitant in approving or granting financial assistance to a business that is out of their “reach”.

Disadvantage #2 Limitations

Some offshore companies may be limited in their activities due to restrictions that are placed on them by the United States as well as other jurisdictions. Trade benefits that are designed to help US companies may not be available to you due to your offshore registration. Again, research this issue as it can be a drawback depending on your industry.

Disadvantage #3 Perception

As was mentioned above, the offshore concept is not always held in the highest regard due to the media only reporting bad cases so incorporate with care and privacy.

For more information about offshore company formation or to open an offshore business in Panama please visit the author’s website.

The Americans with Disabilities Act Protects Qualified Individuals

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Employers may not ask job applicants about the existence, nature, or severity of a disability.

To understand several important ADA definitions, including who is protected by the law and what constitutes illegal discrimination, the following are some helpful explanations of key definitions to assist in determining classifications:

Individual with a Disability

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities. In 1999, the Supreme Court ruled that the determination of whether a person has an ADA “disability” includes consideration of whether the person is substantially limited in performing a major life activity when using a mitigating measure. This means that if a person has little or no difficulty performing any major life activity because they use a mitigating measure, then that person will not meet the ADA’s first definition of “disability”. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning and working. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.

Qualified Individual with a Disability

A qualified employee or applicant with a disability is someone who satisfies skill, experience, education and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

Reasonable Accommodation

Reasonable accommodation may include, but is not limited to: making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.

Prohibited Inquiries and Examinations

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be contingent on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

Undue Hardship

This is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation.

Under the ADA, performing essential functions are defined as the basic job duties that an employee must be able to perform, with or without reasonable accommodation. An employer needs to examine each job to determine which functions or tasks are essential to performance prior to taking any employment action such as recruiting, advertising, hiring, promoting or firing.

In determining if a function is essential en employer needs to consider whether the reason the position exists is to perform that function, the number of other employees available to perform the function or among whom the performance of the function could be distributed, and the degree of expertise or skill required to perform the function. An employer’s determination as to which functions are essential include the actual work, the experience of present or past employees in the job, the time spent performing a function and the consequences of not requiring that an employee perform a function. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.

It is unlawful to retaliate against an individual for opposing employment practices that discriminate based on any disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA. In 2004, the EEOC received 15,376 charges of disability discrimination. The EEOC resolved 16,949 disability discrimination charges 2004 and recovered $47.7 million in monetary benefits for charging parties and other aggrieved individuals. Of that $47.7 million, approximately 13% was for mental health discrimination cases. This does not include monetary benefits obtained through litigation.

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Make Sure That Your Business is Protected

It can be very rewarding and exciting to run your own business in the growing city of Coeur d’Alene. The area is beautiful and it is always more fun to work for yourself than for someone else. Unfortunately, along with the greater freedom and profits you gain by being your own boss, comes greater responsibility as well.

For example, as the owner you can be held liable for any accidents or mishaps that the business experiences or causes. These might include employee injuries, accounting errors and any number of customer complaints. You will also need a business license to operate, proper insurance and separate bank accounts for the business to make sure that it remains a separate entity from your personal assets.

As a business owner, you will also need to make sure that the contracts you use are sound because they are supposed to protect your business and stand up in court if needed. And sometimes, you may also need to enlist collection agencies or lawyers to help collect outstanding customer debts.

Whether you are just trying to start your own business or are looking for some help with an existing business, a court d’Alene business lawyer can give you the knowledge and tools you need to protect your interests.

One of the first steps in starting a business is getting a business license. However, before you even apply for a business license, you need to determine what kind of business you are creating. You can choose between forming a corporation, limited and general partnerships, limited liability corporations (LLC), limited liability partnerships (LLP), or tax exempt organizations. Each type of business entity has unique advantages that are suited for different kinds of business types. As you discuss the goals and plans you have for your business with a Coeur d’Alene business lawyer, they will be able to recommend the best kind of business entity for your needs.

A good business lawyer can also draw up all your contracts, defend you in a court of law and write letters on your behalf if you have a few customers who are not paying their bills. Both my brother-in-law and my husband have used business lawyers to get their businesses running because they want to be confident that such a precious investment is legal and secure. If you are the owner, you are in charge and you are the one who has to deal with any operating troubles. Help yourself sleep easy by hiring a Coeur d’Alene lawyer to watch out for your business.

Beck and Poorman, LLC (http://www.beck-poorman.com/business_law.html) can provide you with an experienced Coeur d’Alene business lawyer. Whether you need some advice on how to get going or you need legal advice on other business issues, they can help. The author, Art Gib, is a freelance writer.

What Questions Should be Asked before Hiring a Personal Injury Lawyer?

Seeking a personal injury lawyer is a very important decision when you feel that you deserve compensation as the result of an injury that is of no fault of your own. Once the initial shock of the injury is over, it is time to figure out what the next move needs to be. You certainly don’t want to stand idly by while the person responsible for your injury gets away with it.

So there are some questions that you may want to ask yourself before hiring a personal injury attorney:

- Ask yourself if you have been injured due to the negligence of another person or by a company and if that negligence was intentional.

- As yourself if you suffered physical or mental distress, lost wages, or high medical bills as a result of the accident.

- Ask yourself if you have evidence that the injury was not your fault and what consequences there were as a result of the accident.

- Have you by any chance talked to the attorney of the defendant or talked to the defendant’s insurance company? This is something you don’t want to do because it could compromise the chances of receiving a settlement.

Once you have asked yourself these questions and written down your responses, it may be a good idea to search for a personal injury attorney. Great places to look are through the Martindale-Hubbell Network of Legal Professionals and the American Association of Trial Lawyers. They may be able to provide you with names of great attorneys in your area.

Good questions to ask an injury attorney in a face-to-face meeting before hiring them are:

- Whether they are payable via contingency in your case.

- What their contingency rate is. An ideal contingency rate is around 25% to 30% of the compensation rewarded.

- You want to make sure there are no conflicts of interest.

- Ask for promotional brochures and ask around about the firm to see what others have to say.

- Ask what their success rate is and how much experience they have.

Last but not least, you want to figure out how much time your case is going to take. The reason why you want to do this is because this is time that is going to be taken away from your job and time that is going to be spent going through the stress of a trial. This is very important when taking into consideration how much compensation needs to be received because it can cover such things as loss of wages and emotional distress.

These are reasons why it is very important to take on a personal injury lawyer who will get the job done and do it right and will not require they be paid until the trial is over. These are cases in which the attorney is only paid when the client wins. If the client loses, then the attorney doesn’t get paid. This explains why personal injury lawyers tend to be selective in the cases they take. That is why you want to ask yourself the questions listed above because these are the same questions the attorney is going to ask when deciding whether or not to take the case. If they determine that there is not enough evidence that someone else was at fault, then they may say they can’t take the case.

Don’t let that discourage you, though. Each attorney differs from the next, so it is in your best interest to try another one. When they are paid via contingency, you are not out of any lawyer fees, but you do have the stress of the trial on your hands. Other than that, it is promising if a lawyer thinks they can win the case because they do not get paid unless you do.

We are a personal injury law firm that handles injury claims and injury settlements since 1972, with a focus on slip and fall cases.

Ride With A Drunk Driver And You May Be Legally Responsible For Your Own Injuries Or Death

A case decided last October by the Washington Court of Appeals affirmed a jury’s decision to hold a passenger 35% responsible for her own injuries after accepting a ride from a driver she knew to have consumed alcohol earlier in the evening.

With the holidays approaching soon, I expect that there will be many more opportunities for people to drive after consuming alcohol. Of course, most people know that a drunk driver who causes injury or death can be sued for this unlawful conduct. But, did you know that a passenger who knowingly rides with an intoxicated person can be held responsible for the passenger’s own injuries or death arising from a drunk driving accident?

Yes, it’s true. A case decided last October by the Washington Court of Appeals affirmed a jury’s decision to hold a passenger 35% responsible for her own injuries after accepting a ride from a driver she knew to have consumed alcohol earlier in the evening.

In the case of Hickly v. Bare, 135 Wn. App. 676 (October 2006), the driver admitted to consuming at least 6 beers earlier that evening. The passenger (Hickly) admitted to consuming 3 drinks before the accident but testified at trial that she was not intoxicated when she got into the vehicle. Another passenger (the drunk driver’s brother) testified that the driver appeared too intoxicated to drive, but he decided to get into the vehicle anyway. All 3 occupants had been at a tavern earlier in the evening where they consumed alcohol. The testimony established that all three were at the tavern for more than four (4) hours.

Shortly before they left the bar, Hickly spoke with the driver about whether he was able to drive. According to Hickly, the driver appeared fine to drive. She testified that he “walked fine, was able to handle his keys and functions of the vehicle, and did not slur his speech.” The driver’s brother however, disagreed with Hickly’s observations of the driver. He testified that his brother was too drunk to drive. Shortly after Hickly got into the car, the driver lost control of the vehicle and nearly hit a telephone pole. He went off the roadway where the car flipped at least 3 or 4 times. A passerby who stopped to render aid testified that the driver appeared intoxicated. Hickly filed suit against the driver and alleged that she suffered permanent neck and back injuries due to the accident.

The driver admitted that he was intoxicated and that he caused the accident. But he also claimed that Hickly had also negligently caused or contributed to her own injuries by agreeing to ride with a driver that was intoxicated. Thus, the only issue before the jury was apportionment of fault and damages.

At trial the jury was instructed by the judge that Hickly could be held negligent for causing her own injuries if they found that she rode in a vehicle operated by a person known to be intoxicated. Apparently the jury agreed with the drunk driver’s attorney by holding Hickly 35% responsible for her injuries when she accepted a ride from a person she knew, or should have known was intoxicated. Hickly’s damages were then reduced by 35% to account for her own negligence.

The appeals court also said that if the jury had found that Hickly was intoxicated when she was injured, then her intoxication might have operated as a COMPLETE DEFENSE precluding recovery of damages altogether. But only if the drunk driver had established that (1) Hickly’s intoxication proximately caused her own injuries; and (2) Hickly was more than 50 percent comparatively at fault in causing her injuries. Hickly was fortunate in this case because the jury did not believe that she was intoxicated even though she had consumed alcohol earlier in the evening.

The lesson from this case should be clear. Even if you don’t consume alcohol, if you knowlingly get into a vehicle with a person whom you knew, or should have known, was intoxicated you could be held responsible for causing your own injuries if there is an accident. You can bet the insurance company will defend such a case vigorously by arguing this new case. Don’t ever knowingly accept a ride from someone who has consumed alcohol.

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com. Copyright 2007 Christopher M. Davis.

A Basic Understanding Of Car Accident Cases

Although insurance companies and many lawyers consider auto accident claims routine, that just isn’t true. Every car accident and every individual injured in an auto accident is unique.

There were nearly 6,420,000 auto accidents in the United States in 2005. The financial cost of these crashes is more than 230 Billion dollars. 2.9 million people were injured and 42,636 people killed. About 115 people die every day in vehicle crashes in the United States—one death every 13 minutes.

* There is a death caused by a motor vehicle crash every 12 minutes; there is a disabling injury every 14 seconds.

* Motor vehicle crashes are the leading cause of death for people ages 1 to 33.

* The age groups most affected by motor vehicle crashes are 15-24 and 75+.

Although insurance companies and many lawyers consider auto accident claims routine, that just isn’t true. Every car accident and every individual injured in an auto accident is unique. Auto accidents may be caused by the negligence on the part of another driver, someone hauling a trailer, a trucking company, a motorcycle, or the design and condition of the road.I know that a wide variety of injuries can result from an car accident.

Insurance companies want you to believe that handling auto accident claims is a simple matter that does not require the assistance of a personal injury attorney that specializes in car accidents. But you should know that insurance adjusters are trained to reduce the amount that you are paid. The only way to make sure that you get a fair settlement or award is to have an auto accident attorney who understands the insurance system, is well prepared and experienced in trying these cases in court, and of course, will do everything possible to fight for your rights.

The insurance companies will do everything they can to deny or delay paying your claim. They can and will:

* Take a recorded statement of an unrepresented person so that they can obtain information that can be used against that person.

* Down-play any damage done to the vehicles in the accident and claim that it would be impossible for someone to sustain a personal injury in such a “minimal” impact auto accident.

* Fail to divulge all sources of insurance coverage or policy benefits that would serve to increase your total recovery or settlement.

* Insist that you sign a broad medical release so they can go fishing into your past medical history looking for anything to minimize your claim.

* Hire expert witnesses to testify that a person was not severely injured in an auto accident.

* Assert weak or unsupported liability claims or defenses to support extremely low settlement offers.

* Blame other potentially negligent parties to minimize the amount of pay out in settlement.

* Blame you for partially causing the accident and thereby lowering your settlement offer by 10, 20 or even 50%.

* Tell you that some or most of your medical treatment was “excessive” or “unreasonable” while having no medical training to support such a claim.

* Discourage you from working with a car accident personal injury attorney or law firm.

If you have been injured in a car accident take the time to research your case, find out about similar cases in your state, and research personal injury attorneys in your area before you accept an offer from the other party’s insurance company.

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com. Copyright 2007 Christopher M. Davis.

Dog Bite Injuries: Frequently Asked Questions

Frequently asked question about dog bite cases

Question.

How many people die every year as a result of dog bites?

Answer.

Ten to 20 people die every year as a result of dog bites in the U.S. By far, the majority of the victims are children. In a three-year period between 1999 and 2001, 33 people died after being bitten by a dog. A vast majority of these victims (24 of 33) were under 12 years of age.

Question.

Why do some dogs bite?

Answer.

There are many reasons why a dog bites. Dogs bite out of fear or to protect their territory or to establish their dominance over the person bitten. Some owners mistakenly teach their dogs that biting is an acceptable form of play behavior. And every year a number of newborn infants die when they are bitten by dogs who see them as “prey.” Because dog bites occur for a variety of reasons, many components of responsible dog ownership—including proper socialization, supervision, humane training, sterilization, and safe confinement—are necessary to prevent biting.

Question.

Which dogs most commonly bite? Are some breeds more likely to bite than others?

Answer.

The breeds most commonly involved in both bite injuries and fatalities changes from year to year and from one area of the country to another, depending on the popularity of the breed. Although genetics do play some part in determining whether a dog will bite, other factors such as whether the animal is spayed or neutered, properly socialized, supervised, humanely trained, and safely confined play significantly greater roles. Responsible dog ownership of all breeds is the key to dog bite prevention.

Question.

How can local laws prevent dog bites?

Answer.

The most effective dangerous dog laws are those that place the legal responsibility for a dog’s actions on the owner rather than on the dog. The best laws hold the owner accountable for the bite victim’s pain and suffering, and mandate certain corrective actions such as spay/neuter and proper confinement of the dog. For more information on legislation that will effectively reduce dog bites in your community, contact The HSUS. For guidance on developing a dog bite prevention plan in your community, read the American Veterinary Medical Association’s A Community Approach to Dog Bite Prevention.

Question.

What should I do if I am bitten by a dog?

Answer.

If you are bitten or attacked by a dog, try not to panic.

► Immediately wash the wound thoroughly with soap and warm water.

► Contact your physician for additional care and advice.

► Report the bite to your local animal care and control agency. Tell the animal control official everything you know about the dog, including his owner’s name and the address where he lives. If the dog is a stray, tell the animal control official what the dog looks like, where you saw him, whether you’ve seen him before, and in which direction he went.

Question.

Can children be taught to avoid being bitten by a dog?

Answer.

Yes, just as we teach our children to practice safety in other situations, we can teach them to be safe around dogs. The most important lessons for children to learn are not to chase or tease dogs they know and to avoid dogs they don’t know.

Question.

Is there any way I can “bite-proof” my dog?

Answer.

There is no way to guarantee that your dog will never bite someone. But you can significantly reduce the risk. Here’s how:

► Spay or neuter your dog. This important procedure will reduce your dog’s desire to roam and fight with other dogs, making safe confinement an easier task. Spayed or neutered dogs are three times less likely to bite.

► Socialize your dog. Introduce your dog to many different types of people and situations so that he or she is not nervous or frightened under normal social circumstances.

► Train your dog. Accompanying your dog to a training class is an excellent way to socialize him and to learn proper training techniques. Training your dog is a family matter. Every member of your household should learn the training techniques and participate in your dog’s education.

► Never send your dog away to be trained; only you can teach your dog how to behave in your home.

► Teach your dog appropriate behavior. Don’t play aggressive games with your dog such as wrestling, tug-of-war, or “siccing” your dog on another person. Set appropriate limits for your dog’s behavior. Don’t wait for an accident. The first time he exhibits dangerous behavior toward any person, particularly toward children, seek professional help from your veterinarian, an animal behaviorist, or a qualified dog trainer. Your community animal care and control agency or humane society may also offer helpful services. Dangerous behavior toward other animals may eventually lead to dangerous behavior toward people, and is also a reason to seek professional help.

► Be a responsible dog owner. License your dog as required by law, and provide regular veterinary care, including rabies vaccinations. For everyone’s safety, don’t allow your dog to roam. Make your dog a member of your family: Dogs who spend a great deal of time alone in the backyard or tied on a chain often become dangerous. Dogs who are well-socialized and supervised rarely bite.

► Err on the safe side. If you don’t know how your dog will react to a new situation, be cautious. If your dog may panic in crowds, leave him at home. If your dog overreacts to visitors or delivery or service personnel, keep him in another room. Work with professionals to help your dog become accustomed to these and other situations. Until you are confident of his behavior, however, avoid stressful settings.

Question.

What should I do if my dog bites someone?

Answer.

If your dog bites someone, act responsibly by taking these steps:

► Confine your dog immediately and check on the victim’s condition. If necessary, seek medical help.

► Provide the victim with important information, such as the date of your dog’s last rabies vaccination.

► Cooperate with the animal control official responsible for acquiring information about your dog. If your dog must be quarantined for any length of time, ask whether he may be confined within your home or at your veterinarian’s hospital. Strictly follow quarantine requirements for your dog.

► Seek professional help to prevent your dog from biting again. Consult with your veterinarian, who may refer you to an animal behaviorist or a dog trainer. Your community animal care and control agency or humane society may also offer helpful services.

► If your dog’s dangerous behavior cannot be controlled, do not give him to someone else without carefully evaluating that person’s ability to protect him and prevent him from biting. a Because you know your dog is dangerous, you may be held liable for any damage he does even when he is given to someone else.

► Don’t give your dog to someone who wants a dangerous dog. “Mean” dogs are often forced to live miserable, isolated lives, and become even more likely to attack someone in the future. If you must give up your dog due to dangerous behavior, consult with your veterinarian and with your local animal care and control agency or humane society about your options.

Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at http://www.InjuryTrialLawyer.com or http://www.seattleaccidentnews.com. Copyright 2007 Christopher M. Davis.