It’s Not Just Criminals Who Need Lawyers

It’s Not Just Criminals Who Need Lawyers

Image Link

By Sharon Jones

If you always find yourself on the right side of the law, you probably think that you’ll never need the services of a lawyer. You might not even be able to imagine yourself standing up in court with a lawyer by your side arguing your case. But don’t be so sure, because there are a number of reasons, outside of breaking the law, why you might need a lawyer. You might be suing someone else who has broken the law, claiming damages in an accident that wasn’t your fault or indeed just breaking a legal contract. Let’s look at some of the possibilities in turn and make sure that you are aware of how to handle each one and know when to call in the help of a lawyer.

Doctor You Did Something Wrong

Flickr Picture

The first reason why you might need a lawyer is because someone else has broken the law and it has negatively impacted your life. This is certainly true in the case of medical malpractice. Suing for medical malpractice means that you believe a medical professional’s actions have negatively impacted you, either mentally or physically. According to the Law Offices of Casey D. Shomo there are a number of reasons why a doctor might be sued for medical malpractice. For instance, they could have left something inside your body during surgery. This is more common than most people realise and it can have lasting consequences. If a doctor thinks that the foreign object will be passed naturally through your system, they may not even tell you that it occurred. This is why if you do experience pain or discomfort after a medical procedure, you should always get a second opinion and not just take the word of your doctor who will tell you that it is perfectly normal. It is quite possible that you have a case for medical malpractice.

The damages in cases like this can be substantial and will typically depend on how the incident has impacted your life. For instance, a mistake by a doctor may have affected your mobility, and in cases like this, you can be looking at a large payout if you have the right legal team at your side. Medical malpractice cases are notoriously difficult to win because the doctor has the advantage of being an expert and can typically explain away a number of issues that may have been relevant during the case.

Injured On My Property

Pic Link

Of course, it is quite possible that you need a lawyer to defend yourself in court, rather than to sue someone else. An example of this would certainly be a personal injury lawsuit. People often think that personal injury claims can only be brought against business owners, but this is not true. Anyone who owns property could be held accountable for an accident or injury that occurs on it. For instance, you might decide to invite a neighbor round through the winter months. If it’s icy and they slip and fall on your driveway, they could potentially sue you for damages. This is due to the fact that you are responsible for making sure that your property is safe. It would be a difficult lawsuit for your neighbor to win, though certainly not impossible particularly since you invited them round in the first place. This is different from the postman slipping trying to deliver a letter. However, it is the reason why you should always clean up spills if you have guests round to your home, even if they are friends or family.

A lawyer will help you defend yourself in this type of situation and make sure that you are not sued for all you are worth. Remember, in the case of premises liability, ignorance is not an excuse. You cannot simply claim that you were unaware that the driveway was icy.

Of course, this is a two-way street. So, if you are on someone else’s property, their floor is wet, and you slip, you are entitled to sue them for damages. Particularly if you have sustained an injury that is going to impact your life.

The Unlucky 50%

Pic Source

That’s roughly how many marriages end in divorce these days, and if you are one of the unlucky ones, you will certainly need a lawyer because divorces can get quite ugly. Particularly if there was no prenup written up before the marriage. In the cases where this is true, your partner could theoretically argue that they have a right to fifty percent of your financial assets, regardless of how much money they brought into the household.

A lawyer will be able to argue your case and make sure that you do not end up with nothing or indeed, less than you deserve. Be aware that the more financial assets you have, the more important a skilled lawyer becomes to protect them. Using a legal service, you also have the potential of keeping divorce proceedings amicable, rather than becoming a mess of arguments, complaints and accusations.

Petty Crimes

Pic Link

We suspect that you wouldn’t consider someone speeding on the highway a criminal. Nor would you consider someone who has downloaded a movie that they didn’t pay for online a thief. However, in the eyes of the law, that is exactly what these people are. If you break traffic law, you are still on the wrong side legally and downloading a movie can be seen in the same light as breaking into a home. If you don’t believe this, just research the fines and the sentences attached to this crime. As such, even if you unintentionally commit a crime, you will still need the support of a lawyer.

They will mount a full defence and make sure that you get the lowest fine possible. In fact, they could even make sure that you are found not guilty for a variety of reasons. For instance, an unsigned speeding ticket may mean that it is invalid and you can escape a fine completely.

As you can see then, there are a number of reasons why you might need legal assistance, even when you haven’t broken the law.

Pic Credit

What To Consider Legally If You’ve Been Hit By A Bike Rider As A Pedestrian

What To Consider Legally If You’ve Been Hit By A Bike Rider As A Pedestrian

By Irene Wall

Sometimes, people don’t necessarily need to be in vehicles when they’re travelling. As a pedestrian, there are certain perks and benefits of being able to walk to your destination. Not only does it count as a healthy option, but it’s also a good way to maintain fitness, and it can be a convenient way of traveling as it can save costs when your destinations are close. Unfortunately, paths you have to travel as a pedestrian are very close to where bikes are supposed to go, which means the odds of you being hit by a bike as a pedestrian aren’t impossibly low. It’s important then to consider what to do legally if you’ve been hit by a bike rider as a pedestrian.

Do remember however that because different areas have different traffic laws, it’s essential to understand that a basic idea of how traffic laws work in your area and the advice of a legal professional can blend together to give you a more thorough understanding of what to take note of when being hit by a bike as a pedestrian.

If you’ve been hit by a bike rider as a pedestrian, it’s important to remember a couple of things. According to Find Law, it’s relevant to be aware of how traffic law works in terms of riding bikes as injuries concerning them may follow different aspects of the law than what you might be used to. Car accidents and vehicular injuries are things of concern, but bikes also have their own category as there are different factors involved. Legal considerations when you’ve been hit by a bike rider as a pedestrian, however, tend to be similar.

Assess Safety, Surroundings

When you’re hit by a bike rider, check your safety first and assess the surroundings after you’ve been hit. Regardless of whether or not you’re injured, move to a safe space but don’t leave the scene of the accident.

  • This is important as your safety is your first and utmost priority. However, go to the hospital if you think you really are in need of immediate medical attention. If not, try to stay in the area to gather more information.

Assess Information, Documentation

If the driver is in the scene of the incident, ask him or her for their contact information. Get their name, contact number, and email address. If you’re unable to get this information, try asking someone else to do it for you. This is important as you need to be able to aware of all the information of the people involved in the incident.

  • In speaking of information, try to get contact details of witnesses in the area as well. Don’t be rude and aggressive, but instead try to be approachable. Get their names and contact details, as you may have to contact them in the future.
  • If there’s any way to capture the license plate of the bike, please do so. Take a photo of the bike, the scene of the place, and yourself if you’ve sustained injuries. This will help you build a stronger case when contacting your insurer, or should you have decided to file a case.
  • Try to get as many details of the incident as possible. Try to include what happened, conditions of the road and weather, and the specific time of the incident. Try to be as detailed as possible and keep a record of it on your person. You can send it to yourself in the phone, or as an email. If you feel anything after the incident such as pain in muscles or any parts of the body, record them as well.

Assess Communication, Support

There will be instances where the driver or biker may approach you and apologise for the incident. A lot of people unfortunately also tend to deny involvement in the matter. Don’t let the driver negotiate with you, and instead keep your part of the story factual and consistent with the things above.

  • Don’t immediately repair your bike, and don’t attempt to throw away any form of damaged equipment, or clean the clothes you’ve worn. Try to wait for the incident to be solved before you do anything else with the things on your person during the incident.
  • If the biker that hit you is in some way intoxicated, it might be a good idea to communicate with a lawyer such as those in this site in order to find a good course of action should you want to file a case for compensation.

Conclusion

It’s a bit perplexing as to how pedestrians can even be involved in accidents, especially when they’re hit by a bike and its rider. However, as these accidents do still happen, it’s important to understand just how it can affect you and what to consider legally if you’ve been hit by a bike rider as a pedestrian. Admittedly, it’s not going to be a walk in the park, and sometimes the tendency is to really panic, but trying to keep a cool head and approaching the issue with a bit of finesse can greatly help your situation.

 

Disclaimer: Please remember that this article shouldn’t be treated as any form of legal advice. It’s advised you speak with a lawyer or a legal counsel in order to learn about the specifics of the topic and how it can be applied to your situation.

 

Irene Wall

Irene Wall has been writing about law for more than a decade. She writes pieces on various law topics that she hopes could help the common reader with their concerns. She enjoys playing basketball with her sons during her free time

Legal Considerations If You’ve Had A Personal Injury In Public

Legal Considerations If You’ve Had A Personal Injury In Public

By Jean Clark

When it comes to injuries, there are factors outside the injury itself that have to be considered. How much will the treatment cost, what are the procedures, and how will it affect your life as a whole? As such, the massive implications of a personal injury to your life means there are particular legal implications that should be considered. These legal considerations are important factors to assess in order to know the kind of approach you may want to take should you experience a personal injury in public.

Do remember however that perhaps a legal professional such as ones here are persons to consult regarding your personal injury, as there might be special considerations to be seen in your particular circumstance. Having their opinion can give you the kind of insight you need in order to know what to do in the situation.

According to the American Bar Association, claims normally have two criterion, whether it’s because of strict liability (no need to prove negligence) or intentional wrongs (such as battery or assault). This means you have to ask whether or not the defendant is actually liable for the injury or damages you’ve actually sustained. If you think they are, what are the extent and nature of your damages? Proving these two should be able to convince the justice system to provide you with some form of compensation.

Identify all the possible plaintiffs you might include. When you file for litigation, try to consider if there should be a lot of plaintiffs since negligence that has caused lasting damage on your part can cause a chain reaction of events that can worsen your condition.

  • Where direct injury could be obvious, try to assess your body if there were any indirect injuries on your end. Assess the kind of damage you’ve experienced since the incident and try to check whether or not you should file the case depending on the results of the tests.

How much information are you willing to provide? You and your family or people involved should be willing to educate the proper authorities on the injuries you have sustained. If you get an attorney, your information will direct them to approach the right kind of people for your concerns. This is especially helpful when deciding on the direction you want your case to proceed in.

  • For instance, it’s important to get the information straight as the full extent of the injuries aren’t seen immediately. Trauma other forms of psychological conditions, or latent physical trauma, may manifest for years following the incident. If you don’t inform any of these possibilities to your attorney, the odds of lasting damage might increase.

Get the right attorney. This is perhaps one of the most important elements of what to do if you’ve suffered a personal injury in public. In deciding whether to initiate or settle a personal injury case, an attorney with experience in personal injury litigation can greatly help in your problem. Select someone who can help you be more knowledgeable and aware of what you need and what is best for you depending on your situation. Look for someone who:

  • Understands the scope of the injury you’ve experienced and how it has affected you since the injury.
  • Is willing to communicate with the proper people in order to have a full scope of your options and is able to adequately present them to you.
  • Is able to consider the kind of impact the settlement and the trial will have on you.

Consider the Benefits, Compensation

If you do get the kind of attorney you like, you have to talk about the kind of outcome you need. What sort of benefits or compensation do you need? Sometimes, settlements can work but only on conditions you and your lawyer think can work for your favor. Sometimes, compensation and benefits aren’t necessarily money, but can be insurance, and other forms of benefits, especially if you’ve sustained significant physical injuries since the incident.

  • Understanding legal considerations like the above is essential, especially if you go through them with an attorney, as they are the ones in the field who may be able to explain what you are getting into and how these legal options can be of use to you and to your family.

Conclusion

Having a personal injury is something to worry about all on its own, but having a personal injury in public has its own share of elements that you have to consider before being able to fully focus on healing and treatment. Due to the number of variables involved in personal injuries in public, legal considerations can inevitably enter the fray. This makes understanding how personal injury in public works all the more important for you to consider. Remember, being prepared matters and knowing what to do in certain situations can greatly aid you when you have to make decisions with your legal counsel.

Disclaimer: Please remember that this article shouldn’t be treated as any form of legal advice. It’s advised you speak with a lawyer or a legal counsel in order to learn about the specifics of your personal injury and how you should proceed.

 

Jean Clark

Jean Clark is a professional writer and loves anything to do with law in business or in the public. She is family oriented, and she loves spending her free time with her family.

 

Legal Malpractice: What You Should Do About It If You’ve Experienced It

Legal Malpractice: What You Should Do About It If You’ve Experienced It

By Timothy Gerret

Legal malpractice is something to avoid when it comes to interacting with legal professionals, but it’s not entirely something you can avoid all the time. As such, it’s important to know just what legal malpractice is, and what you should do about it if you’ve experienced it. It’s important to have a basic idea on how legal malpractice works and how it can affect you so you can have a good idea on how to approach the subject.

Do remember however that perhaps the best person to teach you about legal malpractice and the options for you if you’ve experienced it is a legal professional, as they have their own sets of rules and obligations to follow.

According to Nolo, should you plan to sue your lawyer due to legal malpractice, it’s important to remember that the process isn’t exactly a walk in the park. This is because malpractice means having to prove that the lawyer in question has failed to use the care and skill ordinarily used by other lawyers when tackling a problem or case that is similar to yours. This means you can’t exactly sue your lawyer just because they lost a particular case.

Things to Consider

In order to win a case on legal malpractice, there are four basic things to prove on your part:

  • You should prove that the attorney has not acted upon his/her duty accordingly.
  • You should be able to prove that there has been a breach in the terms of the duty they should’ve acted upon. This can be in the form of negligence, making mistakes, or not doing the agreed upon task.
  • You need to prove that the said conduct has given you financial hassle and you’ve suffered some financial losses as a result.

Proving Legal Malpractice

There should be a few considerations that you should make in terms of proving legal malpractice really did occur:

  • Was there an attorney-client relationship that was established? If you don’t have an attorney-client relationship, then the lawyer isn’t bound by duty to do something on your behalf.
  • Was there a standard of care established in terms of the lawyer legally representing you? For instance, if a lawyer has stolen money they are holding in trust for their client, then the attorney has breached their duty. However, it’s important to determine that a “standard of care” was established, and that this violation has occurred.
  • Has an injury been caused? It is important to demonstrate that the plaintiff has actually suffered injuries because of the negligence of the lawyer, as detailed above.
  • Lastly, the plaintiff should be able to establish that damages were actually suffered due to this negligence. The amount and the nature of said damages should be established clearly. This is important as if the damages caused weren’t elaborated upon properly, then the lawyer in question may be dismissed from the case.

Consult Now More Than Ever

When you do experience legal malpractice, don’t completely lose faith in lawyers. Do try to consult with one, as it’s now more than ever. For many, legal malpractice is in itself an entirely new thing to deal with, and having legal support on your side is helpful. It’s not something you can easily read up and comprehend, as there are multiple factors involved. If you feel as though an attorney has done any sort of misconduct that can be classified as legal malpractice, you may communicate with the local bar authority, or a lawyer you might know, in order to get basic advice.

  • It doesn’t necessarily have to be immediate consultation. Getting the right kind of nudge as to where to get a proper consultation would greatly help, as different areas may have different approaches to legal malpractice. Understanding how it works is the first step in knowing what to do about it, so you ought to find the right source first.
  • When you get pointed to the person you need to approach, this can be the appropriate time for you to share your sentiments and concerns. This can greatly be aided if you have documents you can share with them or pieces of correspondence that could help you explain your situation to them better, in order for them to have a better grasp of what you’ve experienced.
  • The above point can be explained better if you have an idea as to the case you think the lawyer in question has failed that proves the malpractice. If for instance the case had something to do with a car accident, you may confer with a lawyer here in order to get a more detailed background on the subject and compare their recommended actions to how the lawyer who had done the malpractice performed.

Conclusion

The unfortunate reality is that sometimes even those that you trust can be the ones who can do something bad to you, but that doesn’t mean you should simply let that happen. When professionals like lawyers commit error or fraud, or in this case legal malpractice, it’s easy to feel confused as you may not be familiar with legal malpractice and what you should do about it if you’ve experienced it. However, having a general grasp of your options in these situations can at least relieve you of some of the tension you’ve experienced, and these tips can help you focus on finding solutions to your current predicament.

Disclaimer: Please remember that this article doesn’t serve as official legal advice. It’s advised you speak with a lawyer in order to learn about the specifics of legal malpractice and what to do in your situation.

Timothy Garret 

Timothy is a budding law writer who enjoys all aspect of the law industry. He’s currently studying to become a lawyer and is applying his law knowledge into what he writes about. He spends time with his friends and swimming in his spare time.

Probate and Your Estate: What Does It Really Mean After Your Passing

Probate and Your Estate: What Does It Really Mean After Your Passing

By Kiren Manning

When things such as probate and your estate are being tackled, it’s not unlikely to ask what these things mean after your passing. After all, when it comes to properties and assets you own, understanding their full implications on you and those around you after you pass away aren’t easy things to consider. Having a good idea about how they work can give you a heads up on how to approach these particular subjects carefully in order to avoid complications in the future.

However, do remember that the tips and information given below aren’t the only sources of information you have to take note of in terms of probate and your estate. It’s important to understand that a legal professional such as one here is perhaps someone who would best explain probate and your estate especially if you have specific situations you want to clarify as well.

According to The Balance, anyone who wants to plan an estate should understand what probate is and how it can affect your estate as a whole.

Probate: The Basics

Probate is what the court calls the process through which it is decided how your assets and property will be distributed to your survivors after you pass away. Sometimes assets are given to heirs, or sometimes beneficiaries immediately get your assets and they bypass the entire process of having to go through the court.

  • When a probate process is in question, it’s important for the one who has the estate to appoint an administrator or executor of their will. If you’re filing the estate and plan to use any kind of probate, it’s important to collect and understand your assets, pay the appropriate bills, distribute property to your respective heirs, and then file the final account. Unfortunate, this is both a time consuming and costly process.

Probate and Non Probate Assets: The Difference

It’s perhaps important then to know the difference between probate and non probate assets. This will allow you to plan your estate more carefully and more properly. Understanding their differences can at least help you determine the kind of assets that can be divided based on how you think they should be distributed.

Probate, for instance, includes assets that the decedent is in sole ownership of.

  • A decedent will have ownership of real property if it’s titled in their name, or if they’re a tenant in common.
  • Automobiles, furniture, jewelry, and other personal property can be passed on to heirs.
  • A decedent with bank accounts in their name will get to keep the accounts.
  • A limited liability company, corporation, or partnership interests that the decedent owns will be theirs.
  • Brokerage accounts or life insurance policies that has the decedent as the beneficiary will be under their ownership as well.

Non probate assets, for instance, consist of the following kinds of property:

  • If a property is held by a tenant in its entirety, or if they’re holding as a joint tenancy, it can be a non probate asset.
  • Brokerage accounts that are either payable on death, transfer on death, or held in joint tenancy can be owned as non probate assets.
  • Property contained in a trust can also be considered a non probate asset.
  • Brokerage accounts or life insurance accounts that have beneficiaries other than the decedent can be owned by the latter.

This means your estate planning should include being able to take into account whether or not your property or asset is a probate or not. This is because a will doesn’t necessarily allow you to control the way your property is distributed, regardless of their type. This means you have thoroughly check who owns your properties and if they’re distributed in the way you want them to be. If not, then it might be wise to start to make adjustments with the assistance of a legal counsel or a financial professional.

It can be a bit hard for some to plan for their estate when there are a lot of things to consider, but with the proper assessment and guidance, someone planning for their estate could get their things properly sorted out without much hassle.

Conclusion

Probate and estate can be confusing in general, but they are not entirely impossible to learn. Having a good grasp on the basics can greatly help you decide on more specific matters, and the process could be easier with a legal professional in tow. Their assistance, as well as careful consultation with other professionals, and assessment of your assets, can greatly help you prepare for your passing, even if you see it happening many years in the future. Remember, being prepared doesn’t only mean preparing yourself, but also things you own that can have a profound impact on those around you.

Disclaimer: Please remember that this article shouldn’t be considered as a form of legal advice. It’s advised you speak with a lawyer or a legal counsel in order to learn about the specifics of probate and how it can be applied to your situation.

Kiren Manning

– Kiren is a estate law writer who enjoys writing about subject in relation to real estate and law. He has written for a few blogs in the past, and enjoys sharing his knowledge with those who enjoy reading. In his spare time he enjoys spending quality time with those he loves.

What To Consider Before Taking Out Health Insurance

What To Consider Before Taking Out Health Insurance

By Jessica Wilson

Insurance can be a very tricky subject, especially when there are factors like costs and resources to consider. One of these insurance options is taking out health insurance which, at first glance, can be a good investment on your end, but there’s no doubt that there’s a part of you that wants to make sure things about insurance are clarified properly before investing any time or money.

Things and what to consider before taking out health insurance are important things to consider when thinking of getting such an investment. Do consult a financial professional before taking out health insurance, as you have to be prepared not just for the benefits it can give, but the costs on your end as well.

Quality of Care

It’s important to remember that when you take out health insurance, there are a number of factors that will be totally out of your control.

For instance, according to The Balance, some health plans actually make you use the doctors under the employ of the company. This means if you have a physician you see often, try to check if your medical professional is within the health care plan network you’re considering. Should you have to check and choose a new doctor from their employ, try to consider the kind of credentials they have and if they are suited for the kind of care you need.

  • This applies with the specialists you may want see especially when it’s about certain conditions you have. They are ones to operate on you, which means considerations have to be extremely careful on your end.
  • Try to assess whether or not hospital and emergency room care is covered in your particular plan. What exactly for the insurance plan constitutes the term “emergency”? Try to make sure you are well aware of how they define these special terms.
  • Try to check how regular health screenings work and which parts of these services are actually covered. Assess how managed care plans get to affect these screenings, especially on your kind of periodic service. Interestingly, some insurance plans don’t even cover these aspects at all.
  • Try to check if they also cover prescription drug coverage. This is especially crucial if you need to use drugs or different kinds of medicines on a regular basis.
  • Health insurance also doesn’t necessarily mean insurance only for extreme injuries and accidents. There are some forms of insurance, such as those here, that also cover general health and wellness. It may be helpful to look into these before choosing the kind of insurance coverage you want.

External Aspects, Services

Aside from the quality of care, it’s important to also consider the kind of external services and aspects of the health care plan in itself. For instance, try to assess if there are preexisting conditions or waiting periods that you should consider. A lot of people tend to forget to confirm how preexisting conditions or waiting periods factor into their new health insurance coverage.

  • Try to assess the kind of services that are covered with the health plans you want to consider. What other plans do they have? Do they offer programs related to mental health care, home health care, hospice, nursing home care, drug and alcohol rehabilitation, alternative treatments, experimental treatments, and even chiropractic care?

 

Costs, Assessment Matters

Perhaps the last thing to consider is to make sure the cost of the health insurance is something you can tackle in the first place. While there are a lot of good prospects in terms of coverage you can get, it’s always helpful to make sure you try to keep yourself within the confines of something you can actually commit to pay for. Remember, the benefits of health insurance can only be reaped if they are consistently paid. Don’t overwork yourself into making sure you meet those standards, as your overworking can lead to health problems that could be a waste of your hard-earned insurance.

 

  • Make sure you do things in moderation – the same thing works when it comes to health insurance. If you’re looking into plans for yourself and your family, make sure the one you’re getting is something you can fit into your budget. If there are adjustments to be made with lifestyle choices and your savings, make sure it’s something you can commit to in the long-term, as health insurance really works best as a form of security.
  • Before taking out an insurance policy, make sure you make proper assessment not just of the costs, but its potential effects on your life as well. Do consult a financial, legal, and medical professional on the kinds of impacts a health insurance could have on other aspects of your life outside the insurance in itself. Understanding the full extents of  coverage can greatly help you decide properly.

 

Conclusion

Taking out health insurance can be a good way to make sure your bases are covered when it comes to health concerns, but sometimes it can be hard to decide which one is right for you. This is especially true if you look at all the kinds of insurance options out there. However, all these options generally mean one thing: there are many ways for you to look after your health, and deciding which one works for you can take a lot of time and deliberation. Knowing what to consider, at least on a basic level, could give you a headstart when it comes to deliberating on which of these options you have to consider first.

Jessica Wilson

Jessica is a professional health expert who works for some major health industry giants. She currently writes for Membersown and is dedicated to helping people learn more about health related topics along the journey. When she’s not a health advocate, she enjoys some down time traveling or talking with family. “

 

Pin It on Pinterest