Three Things to Look for When Hiring a Personal Injury Lawyer

If you have been seriously injured and are looking to hire a law firm or an individual lawyer to get you the compensation you desire then there are some very important things you need to consider. I will cover the three we feel are the most important.

Just Any Lawyer Won’t Due

Don’t just call any lawyer; you need one who specializes in personal injury cases. Personal injury is a very particular area of law and when the stakes are so high, you want an expert in that area to represent you!

These lawyers know how the insurance industry works and how to get results. There is a lot more involved here than just getting money. A good injury lawyer will know how and where to access the various community services that will be big part on your road back to health.

I know this sounds rather “tired” but you want to ask for referrals from people they have represented in the past. Ask them for client referrals. Check them out on Google; you may be surprised by what you might find. It’s always best to interview at least to different lawyers / law firms before you make a decision.

What is Their Track Record?

Are they successful in getting their clients the help and money they are entitled too? What you want to know is what have been the amounts they have gotten for others in a similar circumstance. Just because, in most cases, the law firm will get a percentage of the final settlement that does not always mean the get the maximum amount possible. Maybe they settled out of court quickly just to make a fast buck.

Most of these cases are settled out of court but you still need to educate yourself as to what is fair and what is not. Because the recovery can span months or even years or maybe not at all, don’t settle just because you are advised to. Do your homework.

Good Communication!

Communication is a very important part of the process. Ask how and how often you will be updated and from whom. In personal injury cases there is an “immediate need” for information because there is pain and suffering and time is of the essence. You don’t want to be sitting around not knowing what is going on with your file. There is tremendous emotional stress attached to the physical injury and good communication is essential to your mental health and you’re over all recovery.

What Happens in the Fiancee Interview

The fiancee’s visa interview at the United States embassy or consulate is the final hurdle prior to actual issuance of the K-1 fiancee visa. We don’t want a nervous fiancee to trip going over that hurdle and fall on their face. The primary purpose of the fiancee interview is to determine whether a boda fide relationship exists and this determination is discretionary. It is not uncommon for a K-1 petition to be denied at this stage. In taking the preparation course for my bar exam, the written review materials contained sample questions that we might expect to see a version of. One of those actual questions appeared on the exam. I was able to write a 10 point answer on that question with my eyes closed. As many fiancee’s are nervous and tongue tied at interview time, it also operates in their best interests to give them an accurate idea of what to expect in their interview so they can also give 10 point answers.

A bona fide relationship with a genuine intent to marry and a well documented file will operate to ease the anxiety over the interview because the weight of the evidence of these three elements is already under the interviewer’s nose. Questions about the fiancee’s work or profession and educational background will be asked along with what his or her living arrangements are. Inquiries may be made into family relationships, including names. Fiancee should know the petitioner’s date of birth and where petitioner was born, their address and whether petitioner lives in a home, apartment or condominium.

Expect to be asked how, when and where you two met, how you communicate and how often you communicate. What is the petitioner’s age? Was he or she previously married? If so did the marriage end in divorce or death and when? If they have children, what are their names and ages and who do they live with? When and where to you plan to get married? Do they drink coffee or tea and how do they like it? What is the petitioner’s favorite food or color? How long since you last saw each other. How many times has petitioner visited you in your home country? Did petitioner meet your family. Did you have an engagement party? Do you plan on working in the United States. Are you planning on a family? Have you met any members of your fiancee’s family?

There is nothing mystical about these questions. Any couple with a bona fide relationship, a genuine intent to marry and a well documented file should be able to answer these questions with their eyes closed too.

Finally, the really stupid questions come. Are you a terrorist? Have you been or are you a drug addict or drug trafficker? Are you or have you ever been involved in prostitution? Yes, they will be asked questions of this nature. And then comes the dumbest question: Why do you want to marry your fiancee? Answer: Because I love my fiancee and want to be with him or her for the rest of my life.

The fiancee with a bona fide relationship, genuine intent to marry and well documented file should also be able to give 10 point answers with their eyes closed. As I always tell my clients, just tell the truth. Its the easiest thing to remember.

What Is Negligence And How Does It Apply To Personal Injury Law?

In personal injury law, the term negligence is used to indicate that someone failed to exercise the proper care in a particular situation. When used as a legal term, the word negligence had a particular definition with specific elements. In order for an injured party to collect damages from the negligent party, they must establish proof of each element.

When determining negligence, the first element that must be established is a Duty of Care. The injured party must show that the other party had a legal duty to exercise a level of care under the circumstances. For instance, in car accident cases, all drivers are charged with the duty to obey traffic laws. In addition, they have a general duty to keep a proper lookout and not intentionally cause an accident. For instance, if a driver sees a potential hazard, they may not ignore the hazard just because the law indicates they have right of way. If a driver is on a highway approaching a green light, they have the duty to not plow into vehicle stalled in an intersection.

The second element of negligence is to determine whether there was a Breach of Duty. Once a legal duty of care has been established, a plaintiff must show that the defendant failed to honor that duty. Generally, this is proved by showing the defendant knew, or should have known, that their actions would have resulted in the consequences that followed. In car accident cases, a driver knows, or should know, that following another care too closely might result in a rear end collision. Thus, if that driver fails to keep a proper distance from the car they are following crashes into it, they have breached their duty to maintain a safe following distance.

An injured party must next establish that the breach of a legal duty of care was the Cause of their injuries. Keeping with the car accident example, a plaintiff would have to show their particular injury, e.g., whiplash, was caused because the defendant ran a red light and crashed into their car. In some instances, a particular injury or ailment may be attributable to several negligent acts. In a famous case in 1902, two campfires were left burning which led a forest fire and to the plaintiff’s house being burned down. The case decided that both defendants’ negligent actions equally caused the plaintiff’s losses.

Finally, the plaintiff must establish a real injury or Harm for which he is legally entitled to collect damages. Most cases involving physical injury or harm are actionable. Some cases where there is emotional harm only there is no right to compensation. A parent whose child is injured in a car accident cannot make a claim for emotional damage based on them having to cope with the horror of their child’s injury.

Once the plaintiff has met their burden of establishing negligence based on the four factors above, they may collect damages. Damages are generally classified as special, general or punitive. Special damages are those that are quantifiable, such as medical bills, loss of earnings, damaged property. General damages are those that are intangible such as pain and suffering, loss of quality of life, loss of consortium. Punitive damages are those meant to punish the plaintiff for their actions, for instance injuries resulting from a drunk driver.

The general definition is fairly standard in all jurisdictions; however, some areas apply it differently depending on the circumstances. Be sure to consult with a personal injury lawyer if you think you have been the victim of someone else’s negligence.

Step by Step Instruction on How to Find Divorce Records

Nowadays divorce records are no longer confidential, which makes it legal to search for any persons records. Obtaining these records is an easy process as all you need is time, a computer and internet access as well as your debit or credit card.

There are many different sites that offer their services and one really has to shop around in order to find a reputable agency. In order to check if the company is reputable or not just read the reviews and customer comments. Most of these agencies ask you to sign up and charge a small fee. Then there are also free websites which allow you to search at your own leisure.

Another method of finding divorce records is to go to governmentregistry.org, then once you are on the website go to civil records and click on the tab marriage and divorce. An application form will come up and you need to fill this form in with all the relevant information required such as the first and last name of the person you are looking for as well as the state where the person got divorced.

Once the application form has been completed then just click search. The website will then display all relevant searches, and all you need do is choose the one you are looking for. Once you choose the one you are looking choose that name and click next. You will then be asked to make a payment. Once you have made the payment you will then receive the divorce records. It’s as easy as that.

No matter what the reasons are for looking for a particular person’s records, you will have to put in some effort. If you find that you are unable to locate the information you requested, then you need to carry on searching and just keep trying one state at a time. It is important to get as much information on the person as possible such as full names, date of birth, date of marriage, date of divorce, which county did this take place and as much info as you can get.

After trying all the different avenues with no success you may have to sign up with a tracing agency and pay the stipulated fee required. On the other hand you can visit the county court or department of justice personally and fill in the necessary application forms requesting the divorce records.

Elder Fraud

Many seniors are likely to turn over their finances to another party as they age. They typically entrust this money to family or friends in order to relieve some stress and give them some power in the event they are unable to make their own, or clear, decisions. This may also prevent “elder fraud,” or taking advantage of seniors for financial gain.

Elder fraud is considered a white collar crime because it is typically committed by those in good financial standing who have access to an elder’s personal information. They know it may be easier to get away with an elder fraud crime because they may not closely follow their finances.

Many different people may try to take advantage of an elderly person’s financial situation. It can be people they know, even family members, or it could be someone who has access to their information or accounts, such as accountants.

Credit card and check fraud is commonly performed against the elderly. Stolen credit cards may cause significant damage, or newly opened credit card accounts may go unnoticed. Investment and security fraud can cause significant damage. Falsifying signatures on a will is a crime that comes with a harsh punishment.

Not all those accused of this crime are guilty. The circumstances are often misread. A common defense strategy is to show insufficient evidence. Especially for Internet-related fraud charges, it can be difficult to determine exactly who is at fault. The financial actions taken may also have not been intended for personal gain. Sentences may also be reduced through plea bargains or showing a lack of malicious intent.

Significance Of Conveyancing Solicitors

Conveyancing is known as the process of transferring the legal ownership of a property. Or in other words, the legal process of buying and selling of property is conveyancing. A conveyancing-solicitor is a lawyer who specialises in this area of law. In the British legal system, lawyers are divided into two categories: solicitors, and barristers.

Solicitors are those lawyers who handle all the out of the court matters, which includes documentation, meetings, and office work. Therefore, conveyancing-solicitors are lawyers who handle all the legal proceedings involved in transfer of property.

Conveyancing solicitors have much significance, and importance. Although the transfer of property may not be a very complicated matter, nonprofessionals are not aware of the legal regulations, and laws pertaining to this specific area. There may be many things, which need to be considered, unknown to non-professionals. Without the help of a conveyancing-solicitor, you may break some laws that you are not even aware of.

Many things need to be done before the ownership of a property can be fully transferred. A lot of information has to be cleared out, such as land search, land charges search, land registry, and stamp duty. If you hire a conveyancing-solicitor, then it will be very convenient for you because he/she will take care of all these issues. Most people are not aware of these fees, so your lawyer can easily take care of these, and you do not have to worry about them. Other tasks of a conveyancing-solicitor include the following:

Obtaining the mortgage deeds from the seller

• Completing a property information form

• Making a list of fixtures and fittings

• Setting of dates and meetings

• Drafting a contract

Out of all these, the most important task of a conveyancing solicitor is the drafting of a contract. A contract is an essential part of any legal agreement, as it includes all the terms and conditions of that agreement. It is something that can only be done by a lawyer, so it is necessary for you to hire a conveyancing solicitor for this purpose.

There are many ways to hire a conveyancing solicitor. You can ask you friends who recently sold, or purchased a property, as they can recommend their lawyers to you. You can also ask your real estate agent to recommend a conveyancing solicitor. If these do not work, you can contact the Royal Institution of Chartered Surveyors, which has thousands of conveyancing solicitors that you can choose. You can also search the internet for conveyancing solicitors who have a good record.

Another easier option is to go for online conveyancing. This is very convenient for people who do not have time to visit the offices and attend meetings. By hiring an online solicitor, you can communicate easily through the internet, and save precious time. In addition, online conveyancing solicitors often charge less than other solicitors do; so you can also save some money in this process.

Domain Name Cease & Desist Letters – What Do They Look Like?

You may have received an email or a letter demanding that you turn over your domain name to the person who wrote the letter. You may be wondering what it is and how you can find out how to handle it. Although the letter or email may not contain the words “cease and desist letter” or “demand letter,” the common term used to describe this type of letter is “cease and desist letter.” The letters are also occasionally referred to as “domain name demand letters.”

An example of a domain name cease and desist letter is provided below so that you will be able to recognize whether your letter is a domain name cease and desist letter. A brief explanation is also included. In order to maintain the confidentiality of the sender and the recipient, the company on whose behalf the letter is being sent is referred to as “ABC Company” and the domain name owner is referred to as “Domain Name Registrant.”

[Printed on Stationery Letterhead of Law Firm]

Dear Registrant:

Our law firm represents ABC Company and its direct and indirect subsidiaries. ABC Company offers a wide range of products and services, including ______, ______ and _____ all under the ABC name and mark. ABC is the U.S. trademark registration of the term ABC. ABC Company has been using the ABC name and mark since at least as early as _________. You are presumed to have knowledge of ABC Company’s registered marks and reputation because your domain name incorporates the ABC mark in its entirety and is virtually identical to ABC’s web site address, www. ABC.com. See PNC Fin. Servo Group Inc. V. Unasi Inc., FA058000535925 (NAF Sept. 20, 2005).

It has recently come to the attention of ABC Company that you are the registrant of the domain name ABC.net. When this domain name is entered into an Internet browser, the user is redirected to a web page that contains a variety of links, the majority of which relate to the goods and services that ABC Company provides. Such uses are a violation of state and federal trademark and unfair competition laws,including, without limitation, the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125( d). Moreover, such uses and registration are in violation of federal and state trademark and unfair competition laws, and Public Domain Registry’s “Domain Registrant Agreement.” widespread recognition of ABC Company and ABC marks across the United States. These marks are an invaluable asset of ABC, and cannot and will not permit them to be weakened or destroyed as an identifier of its products.

On behalf of ABC Company, we hereby demand that you immediately cease and desist all uses of the domain name, transfer the registration to ABC Company, and cease and desist all uses of ABC (and any term confusingly similar to ABC). In addition, ABC demands that you certify that you controls no other registrations that include the term ABC (or any term confusingly similar to ABC).

ABC looks forward to your cooperation in resolving this matter quickly. Please contact the undersigned no later than noon Eastern Time, on [date] to provide notice that you agree to comply immediately with the demands set forth in this letter. Please note that if we cannot promptly resolve this matter on an amicable basis, we will advise ABC Company to take all required actions against you that it deems necessary to protect ABC’s rights. You can find additional information about the risks of domain name infringement at the website http://www.wipo.int/amc/en/domains.

We are confident that ABC Company would prevail against you in any legal action. This letter is without any waiver of or prejudice to ABC Company s rights, claims, remedies, or demands, all of which are hereby expressly reserved.

Sincerely, Signature of Attorney

The foregoing is an example of a domain name cease and desist letter that was sent by a large law firm in an attempt to obtain the domain of the registrant. If you have received a letter similar to this type letter, you now know that you have received a domain name cease and desist letter.

The allegation made in these types of domain name cease and desist letters may be a bluff or it may actually have some legal basis. Because there may be a substantial risk if you do not give up the domain, it is advisable that you consult with an attorney for a thorough evaluation of the situation.

Domain name cease and desist letters are being sent out with increasing frequency as the Internet grows and as the number of available domains diminishes. The letters are often unfounded attempts to intimidate the registrant. Other letters do, in fact, have a legal basis and can be the precursor of a sizable legal dispute. If you have received a domain name cease and desist letter of this nature, your response (and the consequences of your response) should be carefully considered. A domain name law firm domain name law firm that has had extensive experience with domain name cease and desist letters is DomainNameLawyers.com

Common Personal Injury Cases

A personal injury is a physical, mental, psychological and emotional harm caused by the negligence or fault of another. A person may be allowed to recover compensation for the losses and injuries caused by another person or entity. This tort lawsuit may be very complex, and the claims vary from case to case depending on the circumstances, negligence on the part of the tortfeasor, and the contributory negligence on the part of the victim. The most common types of personal injury cases are listed below. It is essential for you to know that a competent and experienced Rhode Island personal injury lawyer may guide you in understanding your legal rights and options, and assist in establishing the key elements to prove your case.

Vehicle accidents

Accidents involving automobiles, trucks, motorcycles or bicycles are the most common types of personal injuries. These may cause minor injuries, deformities, permanent disability or death. Your claim may vary depending on who is legally at fault for the accident and the extent of damage caused to your health and property.

Medical malpractice

When you go to a doctor to seek medical or surgical attention, you entrust him or her with your life. These healthcare professionals and institutions are obligated to carry out their tasks with a greater standard of care and diligence. When their performance is proven to be negligent and has caused a medical error that imperils the life and safety of a patient, the victim or his relatives may be entitled to compensation for the minor injuries, major disfigurement, emotional losses and suffering, infections and wrongful death.

Premises Liability

When a person is injured in a building or while on the property that belongs to another person or entity, he or she may be entitled to compensation when the owner, manager or employee has failed to maintain the safety and good condition of the property and has not provided sufficient warning about the potential hazard. The most common types are slip and fall injuries suffered by the patrons, or workplace-related injuries sustained by the employees.

Product liability

Injuries are also often sustained when the manufacturer, distributor or retailer of a product has failed to provide sufficient information and warning regarding the use and components of a particular product or medication. If it can be proven that the manufacturer, retailer or distributor had actual or constructive knowledge regarding the defect of a certain product, and still sold it anyways, then the company may be held responsible.

When You Need A DUI Attorney

All states are strict on those who decide to take the risk of driving while intoxicated. Whether they are highly intoxicated or just a bit, their blood alcohol level is the ultimate determining factor in many situations. Most states have a limit of .08% and the consequences only become more detailed and build upon first time offenses. So, when you’re thinking about your offense and deciding if you need a DUI attorney, there are a few things you need to consider.

A Drunk Driver lawyer helps you determine the true situation at hand. DUI attorneys are extremely experienced in their field and completely understand your situation. While you may have some variations, they’ve been around long enough to assess a situation quickly and depending upon your charges, this will determine the end amount you will pay the lawyer. So, don’t get upset and think you’re going to be paying a ton of money upfront-plus does protecting your record and reputation really have a price tag? A DUI attorney can also explain the proper consequences that you could possibly face in court. Instead of asking around or hearing the wrong information, the DUI attorney is an experienced professional who can predict the outcome based on your common goals.

While you’re dealing with your everyday tasks of work and family, do you really have time to call several organizations, schedule meetings, and prepare for hearings? The Drunk Driver Lawyer will be managing the entire process. From dealing with the DMV, to figuring out what paperwork you’re supposed to be filling out, to making the calls to courts and scheduling for meetings, hearings and other imperative tasks. In essence, while your life is completely out of the ordinary after being accused of driving under the influence, a DUI attorney can attempt to help you stabilize by streamlining the process.

Last of all, the DUI attorney will represent you in court. By having this experienced professional by your side, you’re able to rest assured the DUI lawyer more than likely knows the people involved in the case, and will work directly with them to get the best outcome for you. This experienced professional also knows the arguments that work best with your specific situation.

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