Filing a Suit After a Roof Collapse in a Rental

Find Social Security Success: Five Ways An Attorney Can Help

Posted by on Nov 17, 2015 in Uncategorized | Comments Off on Find Social Security Success: Five Ways An Attorney Can Help

If you are too sick to work at your job because of a serious illness or injury, you may be getting ready to file for Social Security disability or to appeal a denial. The claims process can be lengthy, time-consuming and confusing, especially for those who are not in the best of health. You may not think that you need an attorney to help you with your claim, but before you make that decision read below for the top five ways that having professional legal representation can help lead the way to a successful claim approval. 1.  Deadlines The time line for filing appeals to denials is relatively tight; you only have 60 days to file that appeal. If this important deadline is missed, you may need to start the entire application process from the beginning. There are exceptions made for those who are hospitalized or have other major issues with getting the documents filed in time. 2.  Medical Records The most important piece of evidence about your illness is your medical records, and without up-to-date and complete records your claim doesn’t stand a chance. Procuring those records from multiple medical facilities in a timely manner can be huge challenge, however. Social Security attorneys are skilled and experienced in dealing with medical facilities to get you the proof you need to get your claim approved. 3.  Local Knowledge Appearing in a formal setting for a Social Security hearing can be an intimidating experience, but having a local attorney who has experience dealing with a particular judge and is comfortable and familiar with local customs can prove an invaluable asset. You want the judge to be able to focus on your medical evidence and not be distracted by your minor missteps or the appearance of disrespect that a less knowledgeable claimant might exhibit. 4.  Be Prepared A local attorney will know what the judge needs and wants to hear from you, and can prepare you to deliver the information to the judge in a complete and accurate manner. Your attorney will likely hold question and answer practice sessions so that you will appear more comfortable in front of the hearing officer or judge. It’s absolutely vital that you are able to properly communicate the ways in which your medical condition has impacted your ability to do your job. 5.  Beat the Odds Simply having an attorney represent you at an appeal hearing can increase your chances of getting your claim approved by 63.3%. If you go it alone, your chances of success drop to a woeful 40.1%. Getting your claim approved or not is a major quality of life issue, so the decision to hire professional legal help at this difficult time should not be taken lightly. Consult with a Social Security attorney and learn more about how having an attorney on your side during this process could help you to get the help you need and deserve. To learn more, contact a law firm like Waycaster &...

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Could Social Media Hurt Your Personal Injury Case?

Posted by on Nov 5, 2015 in Uncategorized | Comments Off on Could Social Media Hurt Your Personal Injury Case?

There are many advantages to using social media including, celebrating achievements, sharing photos, and even connecting with family and friends. For many people, sharing the details of their life on social media is just a daily task. When you suffer a personal injury and run to social media to discuss it, you could be harming your case. Lawyers are considering this a whole new concern when it comes to winning personal injury cases. Insurance companies and legal representatives have a right to come through your social media accounts. Should you provide details on your social media site that does not match up to what your claims are, you could find yourself in big trouble.  Posting Details Even if your social media profiles are set to private, it doesn’t mean that information you post can’t get in the hands of the wrong person. Your profile pictures can even provide details that you wouldn’t expect to hurt your case. Once the defense suspects that you are not being honest, they could gain access to your complete profile. Even if you post an old picture showing that you are capable of physical activity, yet you claim a recent injury has limited your physical movements, this could be harmful to your case. Even if you haven’t posted anything to your site, comments from other people could be used against you. During your personal injury case, it is important to refrain from social media altogether.  Privacy Settings Should you decide to keep your social media sites during your case, you should go into each site and check your settings. You want to keep your personal information as private as possible. Make sure your settings are set to the highest privacy level so that only your friends and family can see what you post.  More than Just Words It is not just your comments that will be scrutinized on your social media sites. Your check-ins, photos, and comments from others can be used against you. This is why you should suspend your account until the case has been finalized. You don’t want to risk losing because of somewhere you went or something someone posted on your site.  No Deleting Allowed When you choose to post something harmful on your social media site, you don’t have the luxury of deleting it. The law sees this as destruction of evidence and you could find yourself in serious trouble. Not only are you to blame, but your lawyer could also get in trouble should you choose to delete evidence off your social media site.  Stay Within Your Circle When you are sent new friend requests, you want to be very wary of them. Insurance companies and defense teams can disguise themselves as someone else in an effort to tap into your social media sites. You must be careful about who is allowed to see your posts, pictures, and personal information.  For more information, talk to a lawyer like Story Law...

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What Type Of Lawyer Do You Need If Your Child Gets Injured On A Neighbor’s Trampoline?

Posted by on Oct 22, 2015 in Uncategorized | Comments Off on What Type Of Lawyer Do You Need If Your Child Gets Injured On A Neighbor’s Trampoline?

Nobody ever expects their neighbor or loved one to get hurt on their own property, but accidents happen all the time. You can get hurt by tripping over a neighbor’s garden hose or slipping on their porch. Unfortunately, your children can get hurt at your neighbors’ houses as well, especially if they go to a nearby house to play. One of the biggest accident-causing items on a person’s property is a trampoline. If your child gets hurt on a neighbor’s trampoline and they need medical care, you may need a lawyer to get the funds and restitution you need for their injury. Knowing which type of lawyer to get for your situation can help you best win your case. Personal injury attorney A personal injury attorney is an attorney who represents clients who have been injured by someone due to negligence. For example, if your child was given permission by your neighbors to use their trampoline and then was left unattended on the toy, this may be considered negligence. Negligence also may pertain to the condition of the trampoline, such as missing springs or a lack of a safety net which may have contributed to your child’s injury. A personal injury attorney may be the type of lawyer you need if you feel your child’s injury could have (and should have) been prevented by the owners of the property. Premise liability lawyer A premise liability lawyer is similar to a personal injury attorney, only they work exclusively on cases in which a person gets injured using or being on someone’s property. A homeowner has the legal responsibility to keep their property sound so that guests (and even trespassers) can feel reasonably safe. You may need a premise liability lawyer if your child was injured on your neighbor’s trampoline and the accident could have been prevented by your neighbors placing a fence around their trampoline or by them placing it lower to the ground to prevent high falls. In other words, if your child’s accident was not related to obvious neglect or disrepair of the trampoline, you may have to file a case against your neighbor based on their property not being reasonably safe for your child to be on. If you feel you need a lawyer to help you get the funds you need to take care of your child’s medical needs after they are injured on a neighbor’s trampoline, a personal injury attorney or a premise liability lawyer should be able to help you. A consultation with either type of lawyer will help you decide which one will work best for your...

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Were You Injured Under The Knife By Your Gynaecological Surgeon? Get Help

Posted by on Oct 13, 2015 in Uncategorized | Comments Off on Were You Injured Under The Knife By Your Gynaecological Surgeon? Get Help

If you were under the knife for a gynaecological procedure and your bladder was damaged on accident by your surgeon, you need to call a lawyer right away. Over 210,000 people die annually in hospitals, and many more are injured. You may have a case for a medical malpractice suit which, though it won’t fix the damage that was done, can compensate you for your injuries. If you are going to have a permanent problem because of what happened during the surgery, and you’ll need future surgeries and other medical treatments, you need to meet with a lawyer from a firm like R.J. Marzella & Associates, P.C. fast. Provide the following during your first appointment with your lawyer. Statement of the Mistake Get a statement from the medical professional, nursing staff, or the hospital that goes into detail about what went wrong. Your lawyer is going to use this as evidence in the case, and they’ll see if the hospital is trying to cover something up. You’ll want a statement to show the diagnosis of your new problem as well. Projected Medical Work Needed Have a medical professional write a statement that says what you will need to have done to correct the problem, or to help you deal with your new medical problem. If you need to have another surgery or if you need to have the bladder repaired, your lawyer wants to see the proof and know what doctor is going to do it for you. Expense Details Bring all of the medical bills from the surgery where your bladder got injured, and then bring a list of all of the medical expenses you’ve now had because of the injury. You should keep the expenses in separate folders but bring everything that you have to date. If you had to miss out on a paycheck because you were away from work and you dealt with other expenses because of the surgery, bring that information too. The lawyer isn’t just going to go for compensation because of the financial losses you’ve suffered, but also for the past and future grief. Dealing with this problem for a lifetime isn’t going to be alright because you have a large sum of money, but the sum of money may make things easier for you. If your bladder was injured because the doctor made a mistake while they were operating on your body and you now will never be the same, the lawyer is going to fight to make sure that you get everything you deserve to...

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Can You File A Personal Injury Suit Due To Police Misconduct?

Posted by on Sep 30, 2015 in Uncategorized | Comments Off on Can You File A Personal Injury Suit Due To Police Misconduct?

Have you been a victim of police misconduct? If so, you may find it much easier than it once was to find an attorney willing to represent you in a personal injury suit against the police. Here’s what you should know. More people are coming forward than ever to report police misconduct. In recent years, thanks to the advent of smartphones that can easily capture video, police misconduct has been documented in more cases than ever. That’s created a seismic shift in the willingness of people to come forward and press their cases against the police. Police misconduct lawsuits were often just the word of the officer involved — who represented a uniformed, respected member of the very group of people charged with protecting the public — against the word of a mostly anonymous member of public who was probably charged with a crime anyhow. The benefit of the doubt was often given to the officer, which has historically made attorneys reluctant to take the cases on as personal injury cases. It was a matter of simple economics for the attorneys involved: personal injury cases are usually handled on a contingency fee basis, so an attorney could end up investing a great deal of time and energy into a case that was likely to be lost due to an inherent bias in favor of the police. However, recent events like the fatal police shooting of unarmed teen Michael Brown in Ferguson, Missouri and the shooting deaths of Timothy Russell and Malissa Williams in Cleveland, Ohio, have created an atmosphere that has eroded public trust in the police. Things like the video of a police officer violently throwing tennis star James Blake to the ground while he’s just standing in front of his hotel in New York continue to darken the public mood. Police misconduct involves more than just shootings. There’s very little available in the way of accurate statistics involving police misconduct because there is no nationwide method of tracking incidents. However, different organizations and media sources have begun independent investigations into police misconduct and have begun to gather evidence of widespread problems. It’s important to note that police misconduct is a blanket term that involves many different things: excessive force, with or without a gun, which is likely the most common misconduct sexual assault, including rape allowing police dogs to attack targets who are already on the ground using civil forfeiture laws to take money and valuables from people during traffic stops without ever charging them with a crime harassment, including things like ticketing a woman who told an officer she had HIV threatening behavior and retaliation in the form of unlawful arrest and malicious prosecution for things like legally recording the police while they are performing their duties in public If you’ve been the victim of police misconduct, it’s nice to think that you could report the problem to their superior officers and resolve the issue, but it may not be the practical route. Agencies like Amnesty International have released disturbing studies that show an amazing lack of accountability nationwide for officer misconduct. In fact, over 50% of officers admit that it isn’t unusual for one officer to overlook the improper conduct of another. Consider contacting an attorney to handle your case and file a civil suit to...

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My Disability Claim Was Denied for Insufficient Evidence . . . Now What?

Posted by on Sep 18, 2015 in Uncategorized | Comments Off on My Disability Claim Was Denied for Insufficient Evidence . . . Now What?

Many social security disability claims are, unfortunately, denied, and insufficient evidence is one of the more common reasons that an application comes back with a rejection letter. If you’ve just received a rejection for your social security claim, you don’t have to stop there; you can build a stronger case by following the steps below. Check the Reapplication Period The first thing to do is to check your rejection carefully and find out whether you’re eligible to reapply for disability and when. The best time to reapply can vary based on whether you’re going after short-term or long-term disability and how many times you have applied before, so check with a lawyer to get timely advice. Hire a Lawyer So, your claim was denied for insufficient evidence? An attorney’s job revolves around collecting and documenting evidence to support their claims. A social security disability attorney is your best bet, since they should have specialized knowledge in filing long- and short-term disability claims. They have probably also seen many successful and unsuccessful applications before, so they can take an honest look at your rejected application and help you find ways to improve it.  Collect Your Evidence During this stage, sit down and make a list of all medical information that’s missing or incomplete. Your lawyer can help you recover medical reports from insurers or health care professionals if you were unable to request them on your own. You may also need to use continuing care to provide evidence for your injuries. You’ll need to be able to show the severity of your initial injuries, the care steps you’ve taken with documented dates and expenses, and reports from your doctor showing that you are not able to work or perform specific tasks. Follow Up Quickly on Requests for Information If your claim is being reviewed and your reviewer needs more information to make a decision, you may only have a short window to respond. Make sure to provide adequate contact information, including your attorney’s information, so that someone can field these requests quickly and make sure that the right evidence is provided.  Applying for disability is sometimes a frustrating process in which you need to file successively better applications until your claims are approved. A good social security disability attorney can help you to put your best foot forward on your second application so that your claims will have the best chance for acceptance. Speak with a representative from a firm like Cohen & Siegel LLP for further legal...

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Don’t Be Bullied By An Insurance Company, Hire A Car Accident Attorney

Posted by on Aug 11, 2015 in Uncategorized | Comments Off on Don’t Be Bullied By An Insurance Company, Hire A Car Accident Attorney

Just because you were not at fault in a car accident does not mean that the insurance company of the other driver is going to automatically pay for all your injuries and damages. In fact, since you are not their customer, and they do not receive any money from you, they will try to find excuses for not paying you everything you deserve. An experienced car accident lawyer has heard all the excuses they will tell you to get you to sign a settlement agreement. Here are just a few things that may come up during the course of your case.     The Injuries You Claim Were Pre-existing If the insurance company can find any evidence of a previous injury or complaint, they will say the accident was not the cause for your pain and suffering. They will tell you that the accident merely exacerbated the condition. However, an attorney will pull all your old medical records. While it could be true you did suffer from a similar injury, if it has healed and you have not recent complaints, the car accident is at fault. Statute of Limitations If you have not been able to reach a settlement with the insurance company, and there have been no court proceedings for a period of time, the insurance company will try to “close your file.” However, there are laws regarding the period for filing a claim and resolving it. Each state has its own regulations regarding this and even then, there may be circumstances of the accident that extend this. Not only will an experienced attorney know what the statute of limitations are for  your accident, he or she will be sure to have all claims and documents filed long before the time is up. You Told the Responding Police Officer You Were Not Hurt Just because you did not feel any pain immediately after the accident does not mean you were not injured. It is common to not notice a problem for a day, or even longer, after an accident. Your lawyer will work with medical personnel to establish how the injury occurred and why you may not have noticed it for a few days. When you talk with an insurance adjuster who is a professional in the field of damage and injuries, you may feel overwhelmed. You may not have an answer to his or her question or know how to respond to an allegation. Car accident lawyers are not only used to dealing with insurance adjusters, they are professionals in the field too. When it comes to talking to insurance companies, the best stand to take is to have everything go through your attorney. This will reduce your stress over the situation, allowing you to heal quicker, and will ensure you get the settlement you...

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Negotiating Tips for Auto Accident Settlements

Posted by on Jul 6, 2015 in Uncategorized | Comments Off on Negotiating Tips for Auto Accident Settlements

If you have been injured in an auto accident that was not your fault, you may be entitled to compensation for your injuries. At some point in the process you might need to take action and trigger a settlement offer from the at-fault party’s insurance company. A demand letter and negotiations are your next steps toward a successful resolution. Here is how to proceed with these two important actions. The Demand Letter This letter details the reasons and facts behind your claim and asks for a settlement amount. You can find a sample demand letter here. Your demand letter should be factual, polite, and to-the-point, and include these points: Why the other party is at fault. How the accident has affected you: physically and emotionally, and the effects it’s had your family. What medical treatments were required as a result of your injuries and the costs. How much income loss you have suffered. What evidence you have: police reports, medical records, photographs, videos, etc. How much you are asking for. Make this figure a little higher than needed to allow for negotiations. Tips on Negotiating Be prepared to negotiate over the phone by having your paperwork in front of you. Don’t leap at the first offer. It will likely be a low-ball amount just to test your desperation. The insurance adjuster will likely offer you a figure below what you asked for in your demand letter; counter that offer with a figure higher than the first offer and slightly less than your demand letter figure. Show him that you are reasonable, but be firm and have a bottom-line amount that you are unwilling to go below. If the adjuster seems unwilling to go any higher, have him explain his reasoning. You may consider his reasons and adjust your bottom-line figure if needed. Be prepared to nudge the adjuster in your favor by reminding the adjuster of the emotional impact the accident has had on you and your family. For example, mention how your child has suffered because of you not being able to care for her properly as a result of your injuries. Don’t be afraid to end the call if negotiations stall; you can always arrange for another session later. Make sure that any offer you agree to is followed-up with a letter or email, from you, confirming the exact figures. If the insurance company is not cooperating with you, you may need the assistance of a personal injury attorney like Marquard & Associates. Many times, having legal representation alone will trigger a fair settlement offer. The sooner you have an attorney on your side, the sooner you will be able to put this incident behind you and move...

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Take Charge Of Your Criminal Defense Case With These Simple Actions

Posted by on Jun 19, 2015 in Uncategorized | Comments Off on Take Charge Of Your Criminal Defense Case With These Simple Actions

While it’s never suggested that those being charged with a criminal offense represent themselves, working with an attorney doesn’t mean sitting idly by. There are a number of ways that you can help to strengthen your case and take charge of your defense. Below are three of the simplest things you can do to further your defense. Be Respectful and Cooperative It’s important to remember that everyone you’re interacting with during the course of your case—from the arresting officers to the judge to the prosecutor—are simply doing their jobs. Your cooperation with the investigation can go a long way in showing you’re a moral person, but it’s important to remember that cooperation doesn’t mean confessing. You have every right to have your attorney present during all interviews and shouldn’t feel as if asking for your attorney is admitting guilt. Be Honest Openness with your attorney is key because it can help them to develop a defense strategy that will be the most effective. As soon as possible after the alleged crime or arrest, write down all of the details you can remember. Who was present? This can give your attorney possible witness statements. To the best of your knowledge, what occurred? If you weren’t present for the crime you’re being charged with, provide your attorney with possible reasons you may be suspected of it. This can help them to find holes in the prosecutor’s case against you, or even prove bias on the part of the accuser or arresting officer. Be Prepared Your attorney will handle the legal side of your case—your job is to simply show up and do as your attorney asks. Preparation on your part usually involves disclosing all information to your attorney, showing up to your consultations with them, and showing up to court on time and ready to prove your innocence. Preparation for cross examinations may mean going over your initial statements and finding potential gaps in it—your attorney will help you to know what prosecution will likely ask, and how you can best answer.   While your criminal defense attorney will do all of the legal legwork on your behalf, you have a huge part to play in your own defense. To best present your innocence, be respectful and cooperative with all authorities involved, be forthcoming with your attorney, and be prepared. To learn more about how you can help with your case, speak with your attorney (or go to...

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Important Information To Have Ready For Personal Injury Lawyers

Posted by on Jun 10, 2015 in Uncategorized | Comments Off on Important Information To Have Ready For Personal Injury Lawyers

If you have been injured in an accident that was not your fault, seeking restitution is something that you might be interested in. However, before you consult with a personal injury lawyer such as Burke Schultz Harman & Jenkinson Attorneys at Law, you want to make sure that you have everything in order. Time is of the essence, so here are things all lawyers are going to require to consider your case properly. Information on the Accident Obviously the most important information you can provide a lawyer is your notes that cover everything possible on the accident. In your notes, you want to make sure you go beyond when the accident happened, where it took place, and what happened. You also need to make sure you document what the weather was like, what you were doing before the accident occurred, any witnesses who were present, and any conversations that took place. If possible, take pictures of your surroundings and your injuries. Finally, while you are still in the moment, write down what you are feeling immediately following the accident, as well as a few hours after the accident took place. Incident Report Regardless of how severe you feel the accident was, you should have an incident report filed. If you are on the job, it is often required by your employer. However, if you are on someone else’s property, you will need to ask for a copy of the report. If you are unable to get the report, let the lawyer know when you go to the consultation, so they can obtain the incident report. Finally, if police were called, getting the full report will offer more information on the incident and help with the pieces you are unable to recall. Proof of Money Lost In addition to any medical records that show what your injuries were and costs, you need to make sure you have proof of any other money you have lost. This includes bringing in proof of income so the lawyer can assess how much of your wages you will be out due to the injuries and recovery time. Finally, bring in estimates to have any property damage repaired. Pictures As mentioned above, pictures will help your lawyer settle the case. Attempt to take a panoramic shot of the accident area, giving your lawyer the ability to visualize where everything was and how it happened. This can be vital if your case goes to court and will rely on a judge to decide. Insurance Cards Finally, you want to make sure that you bring your health and auto insurance cards to your consultation. Your lawyer will double-check the amount of care your insurance will cover, but also how much you will have to pay out of pocket to have that care covered. The more prepared you are for the consultation, the better your lawyer can assess your case. This will allow you to receive a better idea of how much you can expect with a settlement, but also if you are  able to seek...

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