Why do lawyers work on contingency? Why does this help clients?

Posted by on Nov 12, 2018 in Personal Injury | 0 comments

I’ve always wondered how some lawyers can say that they don’t get paid unless their clients get money for their case. That’s known as a contingency fee, and it turns out that personal injury lawyers work on contingency fees almost exclusively. I was reading about how these contingency fees work on the Law Offices of Seaton & Bates, PLLC website. They work on contingency in a number of different practice areas, including car wrecks, slip and falls, and medical malpractice. But these are all civil cases. That means no criminal charges are being pursued. The parties are merely trying to recoup money from damages done. Lawyers don’t work on contingency when they do criminal cases because there will not be a money settlement to deal with. In those cases, the lawyers will charge by the hour. If you find yourself in a civil case, there are a lot of benefits to hiring a lawyer on contingency.

When lawyers work on contingency, they are unable to charge clients more money based on the time it takes to complete the case. So, if a case becomes very complicated and ends up dragging out for several months, you won’t be affected by this at all. In a criminal case, a more complicated case means you’re paying for more hours that your attorney puts in. In a civil, contingency-based case, your attorney will still collect the agreed upon portion of the settlement.

Another great benefit of contingency fees is that clients cannot lose money. Attorneys never charge money out of pocket, as their payment is going to be a percentage of the settlement that they produce. If your attorney ends up not being able to get a settlement, then he’s lost out on the time he put into it. If your lawyer ends up getting a settlement that is very small and doesn’t cover court fees, you won’t have to pay for money lost.

 

 

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The Basics of Child Support

Posted by on Jun 3, 2018 in Child Support | 0 comments

We all know someone that has in some way been affected by divorce. Going through a divorce can be one of the most emotional experiences in an individual’s life. When children are involved, the emotional stakes are even higher.

Because of my interests in family dynamics, including the separation of families, I decided to do a little research on child support agreements. My research was extensive and thorough, and Alexander & Associates wrote the best article I came across. The article gave an easy-to-understand explanation of these complicated agreements.

According to the article, the goal of a child support agreement is to find what is in the best interest of the child and to make sure the child is receiving proper care. The problem is that the spouses may have different ideas about what is in their child’s best interest. This leads to emotionally charged disputes that can cause severe stress to all parties involved.

The idea behind child support is to ensure that parents are fulfilling their parental duties to their child or children. These duties include the provision of financial, emotional, educational, and medical support. The periodic payments of child support are designed to ensure that the child receives proper care. Even after child support agreements are reached, down the road, the arrangements can be modified or enforced.

In Texas, child support agreements are enforced by the Attorney General Child Support Division. The mission statement of the Division reads as follows:

“The Attorney General’s Child Support Division has a responsibility to assist parents in obtaining the financial support necessary for children to grow up and succeed in life. To encourage parental responsibility, the Attorney General establishes paternity of children, establishes court orders for financial and medical support and vigorously enforces support orders. The Attorney General promotes the emotional involvement of both parents in the life of the child by working with community groups, schools, and hospitals. Attorney General employees will efficiently perform their duties to minimize taxpayer expense and in a friendly fashion to maximize customer satisfaction.”

Basically, through this mission statement, the Attorney General Child Support Division will handle most issues that come with a child support agreement. Parents can rest assured that their information given to the Division will be kept confidential and that they will obtain proper and professional service.

The Division’s primary responsibilities include: locating absentee parents, establishing paternity, establishing, enforcing and modifying child and medical support orders and, collecting and distributing child support monies. Though child support agreements are often complicated and emotional charged, it is important to keep in mind that everything will be okay and that help is there. If you are going through a divorce and dealing with child support, keep these words in mind. If you know someone going through a tough divorce, pass these words their way. With the right child support lawyer and a mindset of always looking forward and never backward, anyone can get through these rough times.

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Louisville fire-truck collision leaves one dead and five injured

Posted by on Sep 22, 2017 in Car Accident | 0 comments

One man was killed and five others were transported to the hospital with injuries following a collision with a car and a Louisville Fire & Rescue truck on Thursday. The collision was reported around 8:45 a.m. on the Algonquin Parkway (near McCloskey Ave.). Authorities and news station WDRB report that the fire truck was responding to an emergency call and had its lights and sirens on at the time of the collision. The truck collided with the vehicle, a Mercury, driven by 61-year old Larry Carter, who was unfortunately killed in the crash. Authorities

Local authorities, including Metro Police spokesperson Dwight Mitchell said that there was a stop sign at the scene, and the fire truck had the right-of-way, especially since it was an emergency situation.  After colliding with the car, the fire truck ran off the roadway (leaving noticeable skid-marks on the road, hours after the crash) and hit a brick sign and a tree before coming to rest.

A female passenger in the car was taken to the hospital with non-life-threatening injuries, and all four crew members on the fire truck were also taken to the hospital for evaluation for minor injuries caused in the crash. It is always devastating for family members of injured or deceased individuals to have to deal with the loss of a loved one, and is even more troubling when the accident occurs with an emergency vehicle.

While the spokespeople for the department believe that the fire truck had the right-of-way and the collision may have been the fault of the driver of the car, there are still legal issues that inevitably must be settled following any serious accident. Does the family need to hire a lawyer in Louisville? Does the accident need to be investigated further to determine who is at fault?

In some cases, people may say the answer to these questions is yes. The family may be entitled to pursue a personal injury lawsuit against the city for the crash that killed their loved one. They may be entitled to compensation for the loss of companionship, funeral expenses, and other losses caused by the tragic collision.

Ultimately, it is the family’s decision of how they want to handle the aftermath of the accident and whether they want to pursue legal action against the city for the death of their loved one, or whether they wish to simply let the issue go. Only the family can decide what action (if any) they wish to take, and they will ultimately have to deal with the issues that follow a tragic accident like this one.

 

 

 

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Symptoms of Sleep Apnea

Posted by on Jun 10, 2017 in Health & Beauty, Medical Condition | 0 comments

Sleep apnea is a sleeping disorder wherein a person continuously pauses in breathing during sleep. This happens because of two things. One, there is something wrong with the respiratory path, like when the throat muscles are overly relaxed during sleep. Two, the brain doesn’t properly send signals to the body parts that control breathing.

Having breathing problems in sleep may make the person wake up from time to time, which means that he or she may experience sleep deprivation and its associated effects, such as anxiety, increased irritability, and poor mental functions. But according to the website of Silent Night Therapy, untreated sleep apnea can also lead to certain medical complications, such as diabetes, high blood pressure, and cardiovascular problems.

But how does a person know if he or she has sleep apnea? The follow symptoms may surface:

  • Abruptly waking up because of shortness of breath
  • Episodes of breathing hardships during sleep, especially upon the witness of another person
  • Overly loud snores, especially those that are loud enough to potentially disturb sleep
  • Sleepiness during daytime, which can be excessive enough to make the person fall asleep anytime anywhere
  • Waking up with a dry mouth or sore throat

However, take note that some of these symptoms do not necessarily translate into sleep apnea. For example, excessive sleepiness during the day may just mean that the person lacks sleep in the prior night, or that he or she has a different sleeping disorder, such as narcolepsy.

What clearly defines sleep apnea is the breathing problem during sleep, especially if the problem wakes the person up from time to time or disturbs the sleep of another person near the patient that has sleep apnea, like his or her spouse that has been sleeping beside him or her.

Still, the best way to know if a person has sleep apnea is consulting a medical professional. After all, this sleeping disorder is serious enough to warrant a visit to the doctor, because of the possible consequences it has for its sufferers.

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The Dangers of Reckless Driving

Posted by on Mar 21, 2017 in Reckless Driving | 0 comments

The Dangers of Reckless Driving

When you look at the news, it is not uncommon to see wrecked vehicles because of drunk, speeding, or reckless drivers. These accidents often result into serious injury or even death. The worst part of these accidents is the fact that most of the drivers involved did the reckless behaviors intentionally.

They drive drunk because there was nobody else available to drive. They speed because they want to save time. They become reckless on the road just for the thrill of it. But it is a different story if another motorist has been hurt because of their behaviors. But according to the website of this Fort Worth injury attorney, those who have been hurt in such accidents may get compensation.

But why are these behaviors dangerous, exactly? Drunk driving is dangerous because alcohol can have negative effects on the driver, both physically and mentally. Physically, the driver may feel sleepy, fatigued, and not be able to control the vehicle properly. Mentally, he or she may not properly comprehend road lights and signs and judge the positioning of other motorists.

In the case of speeding, drivers will have limited visibility because of how fast they are going. They may miss traffic lights, warning signs, and even pedestrians that are crossing the street. Since they are traveling too fast, they will also have very limited time to react when something unexpected occurs. Even if they react on time, they will not be sure if the vehicle will cooperate, because a speeding vehicle is much harder to control.

The issues with reckless driving behaviors such as tailgating and weaving involve reaction time and positioning. If drivers are tailgating or if they are anywhere too near other vehicles, they are giving themselves limited time to react when those vehicles suddenly stop, brake, or turn. Weaving drivers may also get involved in accidents, particularly head-on collisions, rear-end collisions, and sideswipes, due to their constant changing of position.

It is a good thing that most of these behaviors are against the law, because jurisdictions clearly know the dangers they may bring, not just to the reckless drivers, but also to the others around them.

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Road Defects and Car Crashes

Posted by on Jan 7, 2017 in Car Accident | 0 comments

Mechanical malfunctions, recklessness and negligence of drivers, and driver error are some of the common causes of traffic accidents. But what if the manufacturers and sellers already provide adequate safety measures and the drivers are already diligent? Is it possible that a traffic accident can still occur? Yes. Defects in the road itself can be a cause of a car crash, and your first line of defense is knowledge of what kind of defects a road can have that can potentially trigger an accident.

Construction issues

Roads that are proven to go against the approved construction plans can be considered defective, especially if they cause certain inconveniences. An example of which is the use of substandard materials, which can shorten the effectiveness of the roads even though they are being maintained.

Design issues

If a road has unnecessarily dangerous curves, slopes, and dips, it may be said that it has a defective design. Defective design can also include limited visibility because of obstructions and hazards, improper drainage that may cause ponding in the road, and inadequate skid resistance in the pavement.

Maintenance issues

Cities, counties, and state governments have the responsibility of road maintenance to make sure that the roads are in their top condition. This helps prevent accidents. If the responsible party fails to maintain its roads, it may be held liable.

Signs of poor maintenance include the presence of potholes, cracks, cave-ins, and paint marks that look eroded or have low visibility.
Road defects do not just concern the road itself. There are other factors around the road that complete the effectiveness of the roads. If these factors are defective or missing, an accident can occur. Some of these factors include the following:

  • Clearly marked intersections and crosswalks
  • Installed barriers and guardrails
  • Safe conditions around road construction zones
  • Visible road signs and warning signs
  • Working traffic control devices

Preventing car accidents is not just about driving safely, because after all, there are also external factors that may trigger accidents. They may be other drivers who are reckless, manufacturers and sellers who are neglectful, and roads that have construction, design, or maintenance issues. In order to prevent them, the least you can do is to read about them.

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The Common Causes of Wrongful Death Cases

Posted by on Oct 20, 2016 in Wrongful Death | 0 comments

Without a doubt, losing a loved one is among the most difficult experiences any person could go through. The pain of going through a loved one’s death can only be magnified for wrongful death cases. Families that lose their loved ones in accidents caused by another person’s negligent actions go through an arduous grieving process. Knowing that a loved one’s death could have been prevented can make closure feel like an elusive and foreign concept—something that couldn’t possibly happen in the near future.

Thankfully, the law provides families in these situations several options to pursue. Among these options include filing a personal injury lawsuit against the negligent parties involved in the wrongful death case. Wrongful death lawsuits can be made against any party or individual whose negligent behavior caused the fatal accident to occur. According to Tuscon personal injury lawyers at Russo, Russo, and Slania, the most common causes of wrongful death include car and truck accidents, motorcycle accidents, premises and product liability, medical malpractice, and nursing home negligence. Wrongful death can also occur due to workplace accidents caused by harsh operational conditions and the lack of proper safety protocols.

When filing a personal injury lawsuit involving wrongful death cases, the law is clear on how long legal action can be pursued and who the suit will benefit once it is resolved. Wrongful death claims can only be made by those referred to as the “real parties in interest.” While the definition of the term might differ slightly from state to state, it generally refers to the immediate family of the victim. This includes the victim’s financial dependents, spouse or life partner, and, in some cases, the parents. For the parties in interest, the law provides a timeline which determines how long a lawsuit can be pursued. This is called the statute of limitations, and wrongful death lawsuits should be filed within this limited window of opportunity.

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Preventing Common Accidents In Construction Sites

Posted by on Jul 7, 2016 in Uncategorized | 0 comments

Accidents are quite common in construction sites. From slip and fall, electrocution, falling debris, serious accidents happen regularly in these places. According to the website of Karlin, Fleisher & Falkenberg, such risks can be prevented with proper safety regulations. When working in construction sites, utmost vigilance is a necessity for your own good. Here are some of the most common construction site accidents and their prevention.

Scaffolding Injuries or Deaths

Working hundreds of meters above the ground is already a risk in itself. Scaffolding falls account for over 30 percent of injuries and fatalities in construction sites. Thus, these structures should be properly maintained and checked for its structural design. The number of personnel using the equipment should also be limited. There should also be safety nets in case someone falls from the elevator from the upper level.

Electrocution

Exposed electrical wires are also a common sight in construction areas putting workers and passersby at risk of getting electrocuted. To avoid electrocution, ensure that all wires are properly labeled and moved away from high traffic areas. In addition, construction workers should also be aware of where the power lines are.

Elevator Shafts

Elevator shafts move construction workers from one floor to another. The risk it poses is that workers could fall down the shafts and there is also the danger of the shaft collapsing. To remedy possible falls, elevator shafts should be properly maintained and elevator operation training must be conducted.

Falling Debris

This is where construction hard hats will come in handy. Debris are likely to fall or tools accidentally kicked and fall on the head of workers below exposing them to fatal head injuries or serious head trauma. Those working on upper levels should secure equipment during and after use.

Equipment Accidents

Lives and limbs can be easily lost from improper operation of heavy duty machinery and equipment. Crane operators need to undergo intensive training and extreme focus. The same is true with those working on high speed and sharp motorized equipment.

Fatigue/Human Factors

Working with an empty stomach, tired, exhausted, and other human factors can also contribute to injuries and casualties in the construction site. So ensure that you have enough rest and sleep before working.
Safety in the construction site can help reduce the number of injuries and casualties among workers.

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Independent Living Communities

Posted by on Mar 9, 2016 in Senior Care | 0 comments

Many people, as they age, consider the possibility of revising their living arrangements due to many different possible reasons. Some, after retiring, would want to relive their independence or spend a more active life with people their age, while others want to shed all concerns associated with owning a full-sized house for a life that is much simpler and less worrisome. Whether it is independence or an active social life that they want, they can have both worlds in an Independent Living Community. According to the U.S. Census Bureau, there were 44.7 million people 65 and older in the US as of July 1, 2013, accounting for 14.1% of the population.

Independent living communities, also known as Retirement communities, Retirement homes, Senior housing, Congregate care, 55+ or 62+ communities, Active adult communities, Senior apartments or senior housing, or Continuing Care Retirement Community, are designed for adults, aged 55 or above, who need very little assistance with activities of daily living, who prefer a place that does not require too much maintenance and upkeep, and who would like to spend more time socializing with peers while having a lot of other options for outdoor activity nearby at the same time.

Since the residents have very little to no medical needs at all, this makes independent living communities the least expensive among all types senior housing. However, if a senior resident begins to require help with activities of daily living, then he or she can easily transfer his or her type of residency from independent living to an assisted living or even move to a skilled nursing facility, which is usually available on the same site.

Independent living communities provide residents with their own apartment, cottage or villa; there are also others who prefer a small house. Whatever type of shelter this is, it is surely more adult-friendly as it is easier to navigate and does not have stairs that the resident will have to keep on ascending and descending. Some apartments in the community are larger than others since these are built with two bedrooms, a living room space, a dining room, a kitchen, and more.

Some communities also feature recreational centers, clubhouses, swimming pools, exercise rooms, salons, barbershops, and access to golf courses and tennis courts, in addition to community dining rooms and social activities which will help foster friendship among seniors who consider these places home.

Many online sites offer a list of Assisted Living communities which, at the same time, also offer other types of senior living facilities and long-term senior care. The communities included in the list provide seniors and their families all the information they will need regarding each type of community, including location, facilities, services offered and cost.

With regard to cost of independent living, Medicare does not have coverage for this type of senior housing; thus, payment will have to come from residents’ savings, pension, or from the sale of their home and/or other assets.

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How to Handle When Someone Injures You

Posted by on Oct 23, 2015 in Personal Injury | 0 comments

Being injured in an incident that some other person’s neglect or carelessness justifies you the privilege to file a personal injury suit contrary to the one accountable for your own injuries. Traumas from such injuries don’t just cause physical and mental discomfort, they are also able to be tough on the wallets, making with costly medical expenses as well as additional obligations, you overlook a significant variety of days from work. Personal injury attorneys are able to help you win a settlement that is necessary to get back to your own life.

According to the website of the Hankey Law Office, there are some things to avoid when filing a personal injury lawsuit. First, be aware of your state’s statute of restrictions. The more time you put your situation off, the less opportunity you’ll have it forced to have your settlement given. Something else to prevent isn’t employing personal injury attorneys, even just one, to aid you. They’re very significant in guiding you through the full process, giving alternatives, crucial guidance and computations out on the quantity of compensation and also how much the harm are worth you’ve the to. In addition, they are the people who know more about personal injuries law and fight for the cause. Last but not least, after the claims have been settled, don’t try to record the same situation against the same people again. This really is illegal, and can set you in a poor light.

Filing for a personal injury claim does not absolutely mean going to court: you along with the man accountable for the harms may get into a resolution. The main edge of negotiating your personal injury case is the lower cost which you will pay for the complete path and the attorneys. There will be other court fees that must be paid and no experience costs. Another advantage is having faster solutions – without waiting for tribunals to start, you can settle your claims quicker. Negotiating also gives you the control you need in how much you really want for compensation. You always have the choice on the outcome of the claims.

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