Tips on Hiring a Personal Injury Attorney

If you were involved in an accident you have the right to file an injury claim against the negligent party. Prior to filing a claim, you may consider hiring a personal injury attorney to help you through the process. The process can be complex and hiring the right attorney can be an important step in receiving full compensation for your claim.

A personal injury lawyer can provide the expertise in assuring you the full payout for your claim. One of the first steps when evaluating the right attorney is understanding that not all attorney’s practice personal injury law. Furthermore, a personal injury attorney may not specialize in a specific area of personal injury law.

If you are considering hiring a personal injury attorney consider the following tips:

One of the best ways of finding a reputable attorney is asking for a referral from a friend, colleague or family member.  You may find that someone you know has gone through the same process. They may be able to provide you valuable information on the process and their success with their attorney.

When a person can’t obtain a referral they should consider the internet as a viable source. There are list serves, forums and organizations that rate attorneys based upon their track record. These forums and organizations can provide you with a list of attorneys that have received awards from past successes.
Another source is visiting websites of local attorneys. When a person begins searching online for attorney in their area they can do a search by location and practice area. If you have been involved in a car accident you can easily search for a car accident attorney in your state or town.

When you begin looking through different websites try locating the experience of each lawyer. There are many attorneys’ that provide their experience on their website. You may find this information on the about us page. Attorneys may also provide information on the different practice areas. There are some attorneys that practice specific areas with personal injury law. A firm may be dedicated solely to motor vehicle accidents or wrongful death cases.  Another way of evaluating attorneys is locating their past settlements and verdicts. Some law firms will list past clients on their website and provide information on settlement reached and verdicts won.

When you have located a few different attorneys contact them and set up a phone conversation or meeting. Most attorneys will provide a free consultation that can be done in the office or by phone. When you contact a lawyer you should have a list of questions. These questions should be used to evaluate and make an informed decision whether you are working with the right attorney or not.

Some of these questions may include:

How many cases do you handle each year? Make sure the cases they handle are specific to your accident (wrongful death, slip and fall, auto accident etc.)

If a settlement can’t be reached with the insurance company, ask the attorney if they are experienced in going into litigation. This means if a settlement can’t be reached through negotiation, will the attorney file a personal injury lawsuit and be prepared to go to trial. There are some attorneys that may refer the case out if a settlement can’t be reached.

If you are filing a personal injury claim against an insurance company, ask the attorney if he or she has ever been involved in settlement negotiations and lawsuits with the company. If the attorney has successfully represented clients against the said insurance company, you may consider hiring the attorney.

Most personal injury attorneys will work on a contingency fee basis. They will provide their services to clients on a percentage of the proceeds. If the attorney successfully get a settlement or wins a verdict, they will receive a percentage of the cash award. If you are going to sign an agreement with the attorney, make sure the fees are spelled out on the agreement.

No matter who you hire, you should always feel comfortable with the attorney. A comfort level of experience and personality is always recommended.

Plaintiff Funding

Plaintiff funding content is provided by LawLeaf – For additional information on plaintiff funding, visit them on the web.

You may have heard the term plaintiff funding in the past. It’s most commonly referred to as legal funding or lawsuit cash advance. The term describes a form of borrowing and lending that is contingent upon a lawsuit. Plaintiff funding comes in varies forms. A person if qualified, may borrow against a lawsuit that has not yet settled. This is most commonly referred to as pre settlement funding. If a person is qualified to borrow money against a case that has already settled, it is most commonly referred to as post settlement funding.

Preliminary Qualifications:

First and foremost the only way you can borrow money against a lawsuit is to be the plaintiff in the case. This means you are the one that is seeking compensation from a personal injury or a commercial litigation suit. A plaintiff must also be represented by a licensed attorney. If you are not the defendant in the suit or representing yourself (pro se), a lender will not allow you to borrow money against your case.

Approving an applicant:

The approval process may be different for each company. A company that lends money against pending or settled claims employ or hire underwriters to evaluate each case. The evaluation process begins with an application. Once a company receives an application they will request documentation from your lawyer. The documentation is key in the underwriting process because it allows the representative to fully evaluate the validity and the strength of the case. If during the evaluation process the lender believes you will win your case, they will advance a sum of money that is determined based upon the size and the strength of your case.

Who provides plaintiff funding?

There are a variety of different sources that provide plaintiff funding. The different sources that originate this type of lending include, hedge funds, private investors, investment firms, institutional funds, and in some cases banks. Usually banks are the source of cash for such groups.

How long does it take?

The amount it takes to receive an approval is case by case. Personal injury lawsuits tend to take less time. These cases are easier to underwrite. Personal injury cases are also the most popular type of plaintiff funding available. Commercial litigation claims tend to take longer because the request amounts tend to be larger. There are also very few companies that will underwrite commercial litigation cases. The average amount of time is between 1-3 days from the time the applicant applies for plaintiff funding to the time an applicant receives a check.

Is plaintiff funding right for me?

Plaintiff funding should always be used as a last resort. Because of the risk factor, rates tend to be higher than a normal bank loan. If a plaintiff has no other options and can’t afford to wait the case out, plaintiff funding may be right for you.

Don’t Settle for a Bad Settlement

Content provided by LawLeaf. LawLeaf is an online legal funding company.

Over the course of any lawsuit a victim has an interest of reaching a quick settlement. When you reach a settlement the plaintiff in the case will agree to accept an offer and give up the right to legal recourse at a later date. This means once an offer is agreed upon, the plaintiff will not have the right to receive additional compensation at a later date. When you do eventually settle don’t settle on a bad settlement offer!

Millions of people each day struggle to pay their bills and provide for their families. When you have been involved in an accident and it resulted in injury, the struggle may get harder. Personal injuries can be catastrophic and in many cases the victim is forced to take time off of work. If you are living pay check to pay check and you don’t have short or long term disability coverage, it can become very challenging. If you lose a job and incapable of returning back to your profession, it can become financially devastating to the victim.

When you read about personal injury cases oftentimes you think compensation is only available for medical bills, pain and suffering and property damage. While these are a few of the expenses that should be included in a compensation package, loss of job and loss of wages should be a high priority on the list. The average household income from state to state ranges from around $36,000-$69,000 with the average personal income lower. If you own a home, car, renting an apartment and your the breadwinner of a family, cutting out your income can be very problematic.

Insurance companies have the reputation of forgetting to include loss of income into the total compensation package. They may include a few days but what about time lost for follow-up visits to a doctor, hospital, physical therapist. If you are involved in an accident it may require additional visits for x-rays, MRI’s and medical evaluations. These costs should certainly be included. Consider the costs for retraining yourself to enter into a new occupation because you are no longer able to go back to work.

If you are considering a settlement make sure you consider all the costs associated with an accident and not just the ones you have bills for.  So when you reach the settlement table be sure not to settle for a “bad settlement”.

Lawsuit Loans

Content Provide by LawLeaf, a lawsuit funding company.

A lawsuit loan is a non recourse cash advance against a pending lawsuit or a case that has recently reached a settlement. Lawsuit loans are provided to plaintiffs that want to borrow against future proceeds from a personal injury or commercial dispute. Unlike a standard bank loan, if the plaintiff loses their case, they don’t have to pay back the lender.

How can you qualify for a lawsuit loan?

There are several factors in qualifying for a lawsuit loan:

• A person must be represented by a lawyer.

• A person must be the plaintiff in the lawsuit. Companies will not provide advances do the defense.

• The representing attorney must submit paperwork to the lender on your behalf. This paperwork is known as case documentation.

• After reviewing the documentation, the lender must believe liability exists and the plaintiff will win the lawsuit.

Why do people apply for lawsuit loans?

There are many reasons why some plaintiffs secure lawsuit loans:

• The plaintiff in the case has lost their job or wages resulting from an accident.

• The insurance company is unwilling to offer a fair settlement on the case.

• The plaintiff is not interested in settling for less money and a lawsuit loan is the only way to hold out for a better offer.

• The case has recently been appealed by the defense and the plaintiff has run out of all other financial options.

• A person may need money for investment purposes or for a down payment on a home.

• A person may need to pay down medical expenses or need money for additional treatments.

• A person may need money to help pay for living expenses while waiting for a settlement.

How quickly does it take to get a lawsuit loan?

When a person applies for a lawsuit loan they must be aware that the process can take anywhere from 24 hours to several days. In order to get the process moving along the lender will need to immediately request the appropriate documentation from your attorney. Once the documentation is received, a lender should be able to underwrite the loan within a few hours. If the case is complex it could take several days, as some lenders may need to outsource the underwriting process to someone more specialized in the lawsuit.

For additional information on lawsuit loans, visit LawLeaf today.

Why You Want To Prevent Probate

Planning for the guardianship of your friends and family in the occurrence of your death is one of the most personal and imperative tasks you will take on during your life. Trying to avoid the subject will only worsen the situation for your family while they are managing their loss. The lack of a comprehensive estate plan could cause a tremendous amount of stress and financial hardship for those you love most. It is irresponsible to go through life without an estate plan in place, especially since one can be created for you at a low cost and with very minimal effort and time.

Ideally, an estate plan should allow you to control your property while you are alive and healthy but allow you to plan for your loved ones in the case that you become disabled or die. Should you die, your estate plan should carry out your wishes and give what you want, to whom you want, when you want, and in the manner of you are choosing. You can control your assets long after you are gone.

Some people will tell you that probate is not as bad as it sounds. Those people are probably probate attorneys. The fact is, if you have over $75,000 of total assets, you should avoid probate at all costs. Probate is the Court-supervised process of gathering up the assets of a deceased person (called the “decedent”), paying the decedent’s final bills, and then distributing the decedent’s remaining assets in accordance with the decedent’s will (if they had one).

Probate is necessary when the decedent has left assets titled in his or her sole name. These assets may include houses, cars, bank accounts, and even life insurance policies or retirement funds. Many people believe that having a will avoids probate. Probate will be required if the decedent has not left a will and some states provide a “will” for those who chose not to make one through the intestacy statutes.

Hire a probate attorney and make sure the firm is specialized in the will and probate process.

Content Provided By: http://www.bassilaw.com/aop/San-Francisco-probate/

What is Moral Panic and why does it occur?

According to Stanley Cohen, author of Folk Devils and Moral Panics (1972), a moral panic occurs when:

“[a] condition, episode, person or group of persons emerges to become defined as a threat to societal values and interests.”

Analyses of different quotes have a common contemporary theme of core components, which are; escalation of fear or misunderstanding; about an imminent deviant threat to societal norms; about a certain labelled entity, which is; propagating a stereotype through the mass media. This can be seen in the usual political propaganda squeezed out over an election. The Sydney Morning Herald ran the headline:

“Stop boat people getting on boats – Julia Gillard PM”

This simple headline shows the escalation of fear or misunderstanding of illegal immigrants. The word ‘stop’ is a call to action and implies that something needs to be done. ‘Boat people’ is the label which implies the threat of illegal immigration and it ran in a national newspaper, purportedly endorsed by the PM and used to bring to the attention of the voting public an issue which is considered to be of grave concern. In reality, a study conducted by UQ research group says there were only 1033 boat people out of 48,700 illegal immigrants in Australia.

It must be argued that moral panic could occur as a catalyst to sway the majority into backing an idea that contravenes our human rights or not opposing oppressive draconian statute. This is not meant to imply that any of the immoral or socially unacceptable actions are engineered, simply that a situation might be manipulated to better serve the manipulator. In this paper it must be argued that moral panic is fundamental in allowing legislature to demonise a sector of society, highlight a ‘problem’ and then provide us with an oppressive solution which we must accept.

Morality is a very complex issue with no definitive answers, however there is some consensus that morality is subjective, normative and relative. The fact is that a moral action is relative and can become immoral or vice versa and subsequently, an act that was not deviant suddenly becomes so and there is ebb and flow with regards to laws and legislation. It should be argued that everyone can see the relative nature of morality throughout their life time, within woman’s rights, civil rights, rights in the workplace and human rights.

What are human rights? It must be argued that human rights are inalienable; they are innate within us as a sovereign inhabitant of Planet Earth. Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human. The right to liberty, freedom of speech, freedom of expression and art are a few examples.

The result of moral panics which contravene our human rights include the censoring of classic books and art, legislature creating oppressive statutes regarding peoples’ private sexual practices, restrictions in adult entertainment, over sensitivity to perfectly normal practices like kissing your own children on the lips and taking photos of them at school. Also, there are those which border on the ridiculous, for example, Tinky Winky the Teletubby and Dumbledore from Harry Potter being gay and the banning or censorship of these materials.

By distorting statistics or omitting the whole truth politicians can play to whatever emotion or sense of moral righteousness they want. It must be argued that the concept of moral panic is one of the most important factors in the public acceptance of normally unacceptable behaviour. For example the continued detention of prisoners under the Dangerous Prisoners Act in Queensland allows for the indefinite lawful detention of prisoners after the completion of their sentence. This reduces rights by the deprivation of liberty but most importantly it contravenes the doctrine of the separation of powers, a fundamental principal of democracy.

Other oppressive practices such as the mandatory internet filter contravene our basic rights. It should be argued that the internet is an amazing instrument for free speech and freedom of expression and therefore net neutrality is a vital ‘even and level’ playing field. It is because of this equal playing field that enables access to some information of a questionable nature. The moral panic over online sexual predators can be seen in a Perth Now headline saying:

“POLICE have issued a warning to all parents after identifying disturbing new tactics being used by sexual deviants to entrap children”

And then in their next breath make the claim that;

“Police have not yet arrested or charged anyone for directly grooming children through X-Box 360, PlayStation 3 and Wii consoles”

It is understandable that the most vulnerable members in our society need protection from a very small minority and the topic of sex offender rights is never going to be popular, however the draconian measures given by our politicians and the unabashed trampling underfoot of the most precious and fundamental human rights, need to be seriously questioned. It was William Blackstone who wrote:

“[t]he law holds that it is better that ten guilty persons escape, than that one innocent suffer”

So what is the process?
The press create a “Folk Devil” or something which is instantly identifiable as a problem, for example Islamic people as terrorists, Dennis Ferguson as the face of a child predator or the baby face of Jon Venables as the poster boy of moral decay in society. At the height of the moral panic, after a scapegoat has been demonised, the press or politicians introduce an otherwise unpopular solution that will save us from this again in the future. Because of the panic created, the fear, the twisted statistics, omissions and sometimes bare faced lies, the public willingly give away something that should not be so easily given. It was Benjamin Franklin who said:

“They, who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”

What have we given away? As well as the examples mentioned already, there are hundreds of examples of human rights erosion, for example in terrorism legislation. The Australian Human Rights Commission states that:

“Counter-terrorism laws can have a profound impact on fundamental human rights and freedoms, including: the right to a fair trial, the right not to be subjected to arbitrary detention, freedom from torture and cruel, inhuman or degrading treatment or punishment, the right to freedom of expression, the right to freedom of movement, the right to privacy, the right to non-discrimination, the right to an effective remedy for a breach of human rights.”

Would we have been so keen to hand all of these rights over if not for the scare of 9/11, 7/7 or the Bali bombing when in reality, since 9/11 not a single Australian has been killed on Australian soil from terrorism?

It must be concluded that the moral panic surrounding terrorism, the demonization of Islam and the fear drummed up in the press was an integral part of the process. The same must be argued for refugees arriving by boat that are essentially locked up in prisons while they are being processed, and sex offenders being tortured in jail by inmates with the possibility they may not be released and many other examples.

A question must be raised when addressing these issues, which is, why are the government and legislature throwing away fundamental human rights? The answer is something which cannot be answered here; however, a concise suggestion might be that in an attempt to establish a social order within a landscape of an ever changing society and the instant gratification of the masses that get their information about the world from TV and the tabloid press, measures are enforced quickly rather than thoughtfully.

It must also be concluded that without moral panic and the trial by media, we would not be so quick to give away our basic human rights, rights that our forefathers fought for and rights that we should be protecting for our children.

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DePuy Hip Replacement Lawsuits

Content Provided By: http://depuylawsuits.org

DePuy Orthopaedics, a division of the well-known Johnson & Johnson Company, has issued a recall of its ASR hip replacement and implant systems. The ASR Hip Resurfacing System and ASR XL Acetabular Hip System are both part of this hip replacement recall. These two DePuy products have been available since July of 2003, so anyone who has had implant surgery before that date is not affected by the hip recall.

In general, hip implants should last for over a decade. In the case of the ASR hip replacement systems, many people have experienced problems within the first five years of receiving the implant. Over 90,000 people have received one of the DePuy implants, and roughly 12,000 of those recipients may have to undergo a second surgery because of a breakdown of the implant. DePuy representatives have stated that approximately 12-13% of the patients who received each of the ASR implants experienced negative symptoms and required a revision surgery. Because of these numbers, the depuy recall was put into effect.

The ASR hip replacement system uses metal devices that touch other metal parts. The two metal parts then rub together. This creates small metal pieces that can enter the recipient’s bloodstream. This type of metal toxicity can cause serious complications to anyone who has received an ASR implant.

The DePuy company has stated that any individual who underwent hip surgery after July 2003 should determine what type of implant was used. DePuy representatives have indicated that additional testing may be required to determine if the hip implant is working properly. Individuals with the ASR implants will need to be monitored for metal toxicity regardless of whether or not any negative symptoms have been experienced. Symptoms may include severe pain, swelling, and problems with mobility.

Many people who have been affected by the HIP Replacement Recall may need painful and costly surgeries. Although the DePuy company claims that it will cover any reasonable expenses related to the recall, there are some conditions that many people may not wish to agree to. These conditions include having to submit all medical records to DePuy and relinquishing the faulty implant back to the company. Many people feel these are unsatisfactory and unfair terms. This has caused a number of people to initiate a DePuy HIP Replacement Lawsuit.

A DePuy lawsuit can ensure that those affected by the implant recall can receive the necessary compensation. Many people believe that the manufacturers of these hip replacement systems failed to give ample and timely warnings about the defects. This lack of information has caused numerous people to initiate Depuy Lawsuits.

The ASR hip replacement recall has caused complications for a growing number of people. The company has recently become the subject of countless lawsuits. Anyone who has received a faulty ASR hip implant may be compensated for any out of pocket expenses related to the recall. A DePuy lawsuit lawyer can assist individuals who do not know where to begin and who want to successfully resolve their issues.

The DePuy Recall

Content Provided By: http://depuylawsuits.org

DePuy Orthopaedics, a division of the well-known Johnson & Johnson Company, has issued a recall of its ASR hip replacement and implant systems. The ASR Hip Resurfacing System and ASR XL Acetabular Hip System are both part of this hip replacement recall. These two DePuy products have been available since July of 2003, so anyone who has had implant surgery before that date is not affected by the hip recall.

In general, hip implants should last for over a decade. In the case of the ASR hip replacement systems, many people have experienced problems within the first five years of receiving the implant. Over 90,000 people have received one of the DePuy implants, and roughly 12,000 of those recipients may have to undergo a second surgery because of a breakdown of the implant. DePuy representatives have stated that approximately 12-13% of the patients who received each of the ASR implants experienced negative symptoms and required a revision surgery. Because of these numbers, the DePuy recall was put into effect.

The ASR hip replacement system uses metal devices that touch other metal parts. The two metal parts then rub together. This creates small metal pieces that can enter the recipient’s bloodstream. This type of metal toxicity can cause serious complications to anyone who has received an ASR implant.

The DePuy company has stated that any individual who underwent hip surgery after July 2003 should determine what type of implant was used. DePuy representatives have indicated that additional testing may be required to determine if the hip implant is working properly. Individuals with the ASR implants will need to be monitored for metal toxicity regardless of whether or not any negative symptoms have been experienced. Symptoms may include severe pain, swelling, and problems with mobility.

Many people who have been affected by the HIP Replacement Recall may need painful and costly surgeries. Although the DePuy company claims that it will cover any reasonable expenses related to the recall, there are some conditions that many people may not wish to agree to. These conditions include having to submit all medical records to DePuy and relinquishing the faulty implant back to the company. Many people feel these are unsatisfactory and unfair terms. This has caused a number of people to initiate a DePuy HIP Replacement Lawsuit.

A DePuy lawsuit can ensure that those affected by the implant recall can receive the necessary compensation. Many people believe that the manufacturers of these hip replacement systems failed to give ample and timely warnings about the defects. This lack of information has caused numerous people to initiate depuy lawsuit.

The ASR hip replacement recall has caused complications for a growing number of people. The company has recently become the subject of countless lawsuits. Anyone who has received a faulty ASR hip implant may be compensated for any out of pocket expenses related to the recall. A DePuy lawsuit lawyer can assist individuals who do not know where to begin and who want to successfully resolve their issues.

Settlement Funding

This content is unique and provided by LawLeaf, a lawsuit funding company.

Settlement funding has become very popular over the last several years due to a diminishing economy & a rising unemployment rate. To begin understanding lawsuit settlement funding we first need to understand how it works. Lawsuit settlement funding is a cash advance against a pending or already settled lawsuit. This means you can receive a lawsuit cash advance against a case that is going through the litigation process or has already been settled or awarded by a jury or judge.

Settlement funding should never be confused as a loan. While we may refer to settlement funding as a lawsuit loan it’s not exactly a loan. Lawsuit funding is provided as a non recourse advance / loan. This means if you happen to lose a case you will not have to repay the company that provided the advance. If you were involved in a motor vehicle accident and received settlement funding, you will only be obligated to pay back the advance if you win compensation. If you end up losing the case, you owe nothing.

Settlement funding is used by plaintiffs and attorneys. We often refer to it as litigation financing when money is provided to the attorney. Settlement funding is provided through various funding sources. The most common funding source is usually a hedge fund. A hedge fund for litigation financing is created by the fund manager and set-up to loan money on a non recourse basis to attorneys and plaintiffs; typically for personal injury and commercial litigation claims. A fund will typically specialize in an area of law which their underwriters are most comfortable underwriting. It is very common that a fund will provide only one or the other.

The money typically comes from investors and approvals typically come from the underwriter of the file. An underwriter will review the claim and determine whether its fundable through the documents presented by the attorney. If the case is good a funder may be willing to loan a percentage of the expected proceeds.

For more information on settlement funding, please visit LawLeaf online.

Chronic Heart Failure

Heart failure is represented by a condition in which an inability to supply sufficient blood flow throughout the body is brought about by a problem with the structure and/or function of the heart. This term is sometimes incorrectly associated with other heart-related conditions such as cardiac arrest and myocardial infarction (heart attack).

Heart failure can be caused by various forms of ischemic heart disease, valvular heart disease, hypertension and cardiomyopathy. Symptoms brought about by heart failure can include ankle swelling, shortness of breath (especially when lying down), coughing and easily brought about fatigue. Since there is no universally accepted definition of heart disease and challenges posed by no definitive diagnosis, heart failure is often undiagnosed. Treatment will usually consist of lifestyle adjustments (such as salt-free diets), medication and possibly surgery.

Heart failure can be a costly, disabling and potentially lethal condition. Approximately 2% of adults in developed countries suffer from heart failure. However, this number increases to 6-10% in those over the age of 65. The high cost factors are related to the expense of hospitalization and have been estimated at $35 billion in the United States, alone. The disease is also closely associated with a marked decrease in the quality of life. The condition may deteriorate over time (with the exception of those cases involving reversible conditions). The average annual mortality rate is 10%, though some patients will survive for many years.

Chronic heart failure can originate from causes that are difficult to identify, due to population differences and changing causes associated with aging. However, the U.S. National Health and Nutrition Examination Survey (in a 19 year study) indicated that the primary causes (by rank) are: ischemic heart disease (62%), cigarettes (16%), hypertension (10%), obesity (8%), diabetes (3%) and valvular heart disease (2% – although much more prevalent in older populations).

The more rare causes of chronic heart failure will include viral myocarditis (heart muscle infection), infiltrations of the heart muscle, cardiomyopathy caused by HIV, connective tissue disease, use of drugs and alcohol, certain pharmaceutical drugs and arrhythmias.

An independent cause of heart failure has been related to a combination of obesity, high blood pressure, diabetes and a sleep disorder known as obstructive sleep apnea.

Please note that this article is for informational purposes only and is not intended as legal advice.

For assistance with Social Security cases involving chronic heart failure, contact Attorney Gerard Lynch, servicing clients in San Antonio, and throughout Texas by clicking here.