Questions To Ask Your Disability Lawyers

Experiencing a traumatic accident can be life-changing so it is important that you understand what your rights are and how the disability process works. Disability lawyers are a critical part of helping you navigate the process of applying for and obtaining disability. For this reason, an important first step in processing and winning your claim is choosing the right legal team.

Here we review the ins and outs of disability lawyers and the questions you need to ask your team to help you move forward with the disability process.

How Disability Lawyers Can Help Your Hearing

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If you have a worker’s compensation or social security disability case, you may need a lawyer. Although lawyers are not required in all cases, there are some cases in which a disability lawyer may be needed or helpful. Cases involving pain not due to trauma may be more difficult to win so disability lawyers can play an essential role in helping you succeed. In particular, cases involving Complex Regional Pain Syndrome (CPRS), or other chronic conditions not related to trauma, may benefit from a legal team as disability lawyers will have experience in handling cases like these.

No one goes into a disability hearing planning to lose so the experience of disability lawyers can make a difference. Disability lawyers can help you prepare for your case, determine whether or not you need a witness, and even give you an idea of how long your case may take in court. The reality is that most people heading into a disability hearing are unfamiliar with the process, do not know what to expect, and may be unprepared for the sort of evidence they are expected to provide. Disability lawyers know the disability hearing process and they know the tricks to make sure your hearing turns out to be a success.

Of course, the work that disability lawyers do to help you requires some work on your part as well. You should make sure that the information you provide your lawyer is accurate and complete to the best of your knowledge. You should be forthcoming with any relevant information and keep your lawyer up to date on any changes in your condition or your case. The disability lawyer can only help you as much as you allow him or her to do so. Information that is incomplete or inaccurate will likely be revealed during the hearing so doing your part to help your disability lawyer places them in a position to be of most use to you.

Questions To Ask Before Choosing A Disability Lawyer

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There are some questions that you should ask a disability lawyer before you consider hiring him or her. This is not only to ensure that you can afford the services of the lawyer, but that the lawyer is qualified to handle your case. There is little point in hiring a lawyer who has meager experience in cases similar to your own, or who has little experience in disability hearings in general, so you want to make sure you come prepared for your meeting with your lawyer with some relevant questions. What follows are a few questions that you might want to ask your disability lawyer.

Is Disability Law An Area You Specialize In?

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Let’s face it. Not all lawyers are the same. A lawyer that you or a family member may have used for another case may not necessarily be the right lawyer to handle your disability claim. It is important that you determine whether a lawyer you are considering hiring for your case has experience in handling disability cases. Disability lawyers will have an understanding of the medical conditions and medical terminology commonly encountered in disability cases. They also will know the sort of evidence or witnesses that a claimant will be expected to provide.

Will I Be Charged Whether I Win Or Lose The Case?

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Lawyers charge a fee. If they did not, they would go out of business. Before you hire a disability lawyer, you need to get a sense of the sorts of fees and expenses you should expect from the lawyer handling your case. Lawyers may charge by the hour and they may expect to be reimbursed for travel expenses, document costs, and other expenses associated with the day-to-day operation of your case. Some disability lawyers only charge certain fees if you win the case, so make sure you understand from the very beginning what fees you should expect.

Do You Charge A Fee For The Initial Consultation?

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Some disability lawyers may charge a fee for the initial consultation, regardless of whether or not you decide to proceed with them for your disability case. When speaking with your attorney before meeting them, make sure you understand beforehand whether or not you will be expected to pay a fee for your consultation. Although a fee of this nature may seem exorbitant, disability lawyers see many clients. Their time is valuable, so charging a consultation fee is not unusual.

Understanding The Process And Working Together

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There are several reasons why hiring a disability lawyer is a good idea, but one of the more important ones is having someone on hand to help you navigate the process. A layperson would not be expected to know how disability hearings work and this is where a good lawyer can help. But an important part of this process is working together with your lawyer in order to achieve the outcome you want. As mentioned before, you have to be fully forthcoming and honest with your lawyer

Questions To Ask Your Disability Lawyer

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Aside from the questions you should ask before you hire your lawyer, there are a number of questions you should ask once you have a disability lawyer on your team. Asking these questions will ensure that you and your lawyer on the same page, helping to avoid any surprises in the future that result from misunderstandings. Disability lawyers are used to their clients asking questions. In fact, they expect it, so do not shy away from hashing out all the important details early on.

How Will We Prepare for My Hearing?

Do I Need Witnesses in My Case?

What Is an On-the-Record Request?

What If My Case Goes to Federal Court?

What Happens If My Case Is Denied?

How Long Do Cases Like Mine Typically Take?

What Do You Think My Chances of Winning Are?

Conclusion

No one wants to go through the process of getting disability, but if you have to you want to make sure you have the right legal team. Good disability lawyers will have experience in your area of disability and a winning track record. Asking the right questions is the first step to a successful disability claim.

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6 Things You Didn’t Know About Family Law

Family relationships are often complicated, even in the happiest of households. While it might not be the relationship between a husband and wife that’s complicated, it might be the relationship between parents and their children, siblings, and even nieces and nephews or grandparents. Family law encompasses many different aspects of the familial relationship, but many people mistakenly assume this type of law is reserved only for couples seeking help deciding on their child custody and divorces.

Family law does focus on divorce and child custody, but it’s also about other familial relationships. From adoption to child support to other issues surrounding families, this type of law is one of the most common reasons people look for an attorney. When you decide to have a family and cannot do it on your own the old-fashioned way, or when your vows are broken and your marriage is over, and when you’re deciding who gets to have the kids for what amount of time, a family law attorney is a person you want on your side. The law is complicated, and the situation you’re facing is stressful; having someone on your side who knows what’s going on and can face it without the same emotions as those directly involved is beyond helpful.

What Is Family Law

Family law is not just for those who want to divorce their spouse. You can hire a family attorney for many reasons, including the following:

  • Divorce
  • Alimony
  • Child support
  • Prenuptial agreements
  • Post-nuptial agreements
  • Child custody
  • Legal and physical custody of kids
  • Abuse/neglect proceedings
  • Adoptions
  • Surrogacy

There are legal issues in almost every relationship. You may not realize that you could or ever will face such a situation. For example, your marriage is wonderful, but you cannot have children of your own. A family lawyer will help you with the legal process of adopting a child or finding a surrogate and drafting the necessary paperwork to handle this working relationship. Your family law attorney can help you get custody of your kids if you divorce, but he or she can also help you seek custody of your nieces or nephews or grandchildren if their parents are unable to care for them on their own.

Reasons To Hire A Family Law Attorney

When do you need to hire a family law attorney? It’s a question many people ask, and there are no right or wrong answers. You don’t have to hire an attorney when you divorce if you want to handle it amicably and on your own, for example. However, there are times when hiring an attorney to help you with your family issues is the right choice.

Legal Protection

Peace of Mind

More Favorable Settlements

Efficiency

6 Things To Know About Family Law

Family law is complicated, and that’s why you should know a few things about it. These are things that will help you better navigate these unchartered waters.

1.

Mothers Typically Get The Kids

This is not always true, of course, but it’s generally the rule that most courts live by. This is especially true when a couple is going through their initial separation and their divorce and custody hearing is pending. Unless you can prove that you are the primary caregiver or that living with you as a father is in the best interest of the kids, you will find that they are probably given to their mother in the beginning. Mothers have almost always been favored, though times are changing a little at a time.

2.

You Do Not Always Get Half

One of the biggest misconceptions people have when they walk into a family law office looking to end their marriage is that they are entitled to half of all the marital assets. This is simply not the case in many states. Most judges look at a case and make an individual decision based on the evidence presented in the case. The need of each of the parties involved is the greatest factor in many of these decisions.

3.

Divorce Isn’t Always Fast

Even if you are in the middle of an amicable divorce and you both agree on everything you’ve decided, it can take a long time for a divorce to become final. This depends on where you live in most cases, and it might mean you have to wait a year or more. Some states require you file for legal separation for a set number of months before you can file for divorce. Other states have other requirements. Sometimes, it can take a year or more even if everything seems smooth and simple.

4.

Mediation Is A Must

It’s required in a court of law. You must try mediation to handle your private family matters before your case goes to court. Only if you cannot agree and there is no settlement reached in mediation, do you get to take your case to court and fight for what you want in front of a judge.

5.

You Are Not Entitled To Alimony

Alimony is called spousal support, and you are not automatically entitled to this. This depends on where you live, what you do for a living, how long you were married, and many other factors. Most states have their own laws regarding alimony, and you will need to see what your attorney has to say about this and the family laws in the place where you live. You may be entitled to it, but it typically depends on what the judge decides in your specific case.

6.

You Need A Family Law Attorney

You don’t have to hire one, but there are certain situations in which you need an attorney. This almost always includes an adoption or surrogacy case. You need an attorney so you can protect not only yourself but the baby you want to have.


You need to be sure all documents are as legally binding as possible so an adoptive parent cannot decide to sue you for custody down the road or so a surrogate cannot decide she’d like to have your baby when she realizes how hard it is to give that baby up after giving birth. You may not think you need an attorney, but these are the family law matters that require one the most.

Conclusion

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Family law doesn’t always involve a divorce and child custody, and not all cases are extreme. However, you may still want an attorney to navigate you through this process. Being involved in any family law issue can be overwhelming, whether you’re looking to legally adopt a child in your family, take over the parental rights of a child that belongs to your spouse and his or her ex, or even your siblings who can no longer care for their kids. Family laws are complicated, but you can hire an attorney who knows what it means to be involved in any type of case, and they can help you get through this situation even when it becomes difficult. 

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5 Questions to Ask Before Hiring a Criminal Lawyer

When someone is facing criminal charges, many things go through their mind. At the top of the head might be how they will defend themselves in front of a jury and a judge in court. A criminal lawyer would be an essential asset mainly because they understand the law and they can talk on your behalf.
A good criminal lawyer would advise you on what to do when faced with difficult options such as taking a plea deal. You may have a hard time deciding between different attorneys, but there are important factors that you should pay attention to so that you can find a good one.

What Does a Criminal Lawyer Do?

The primary role of a criminal lawyer is to act as the accused’s mouthpiece. He or she should defend the accused in any situation like an interrogation, out of court litigation and ultimately in a court in front of a judge. He or she looks out for the interest of the client. A lawyer can get assigned to the case by the justice system (public defenders), or can be contracted directly by the client.

Exonerates You

Communication and Updates

Represents Your Interests

Gets You the Best Deal

Using a Public Defender

Not every accused person can afford to hire a private lawyer. For this reason, courts can appoint a public defender that can represent the interest of the defendant.

Advantages of a Public Defender

  1. 1
    The client doesn’t have to pay the lawyer as he or she is court appointed. The government is responsible for paying public defenders.
  2. 2
    A public defender has experienced a variety of cases and usually has some insight on many criminal cases. The chances that a public defender has handled a case like yours are high, thus bringing experience to the table.
  3. 3
    Their constant work with prosecutors earns them good rapport thus making it easy to get plea deals for their clients.

Disadvantages of a Public Defender

  1. 1
    Being government employees, they are underpaid and overworked making them prone to mistakes or overlooking details in some cases. Many public defenders do not care about their clients and don’t take nearly enough times to study the case.
  2. 2
    A public defender may have hundreds of cases at a time reducing the contact they have with their clients. They don’t get enough time to meet with the clients as the caseload is usually overwhelming.
  3. 3
    There are cases of public defenders pleading guilty to reduce the caseload which is unfair to innocent defendants. This could happen because the higher the number of cases they handle, the higher the pay.
  4. 4
    There is no choice given to the defendant on who they would want as their lawyer. You may meet your public defender the same moment that you are required to take a plea. This denies you the chance to discuss the case and therefore you are left without a defense strategy.

Using a Private Criminal Lawyer

Advantages of a Private Lawyer

  1. 1
    Since a private criminal lawyer has limited clients, he or she has time to get to know the client and has enough time to mount a vigorous defense for their client.
  2. 2
    With the money that the client is paying, a private attorney would have enough resources to hire investigators, get private laboratories to test evidence or even find expert witnesses.
  3. 3
    There is ease of communication between the client and the lawyer. As a client, you have access to the lawyer and their team any time of the day in case of anything.
  4. 4
    Private criminal lawyers generally do an excellent job as their clients choose them. They are also dedicated as the client can fire them if they don’t perform.

Disadvantages of a Private Lawyer

The main drawback is that a private criminal lawyer is relatively expensive.

5 Questions to Ask Before Hiring a Criminal Lawyer

1

Is the Lawyer Qualified and Experienced?

This is the most important question as it helps eliminate quacks and unqualified people. A right answer would be 10-15 years as your freedom is on the line. It would be essential to know if the lawyer deals with other areas of legal practice other than criminal defense. If they can tell you how many jury cases they have been a part of, and how many they have won, that would help you narrow down your search. You can also talk to their clients to see what they say about the lawyer. You can learn a lot about a criminal lawyer about how they treat their past and present clients.
2

Does the Lawyer Share Your Goals?

You would ask if the criminal lawyer has ever handled a case like yours before and if in their experience they have ever taken such a case to trial. It would be important that he or she tells you the outcomes of some of the cases he or she has handled so that you can prepare accordingly. After talking to the lawyer, you should both have the same goals. Be it acquittal or a reduced sentence you should both be on the same page. A lawyer that specializes in criminal defense is better as they know the
3

How Much Do They Charge?

You should also ask what the lawyer charges for his or her services so that you can find one within your price range. It is also important to know if the additional charge fees if the case goes to trial or if the court requires a motion to be filed. Find out if they work on retainer rather than a fixed flat rate. You can also ask if he or she offers a free initial consultation — any additional fee that the lawyer charges should be disclosed beforehand to eliminate future confrontations.
4

Who Is in Charge of Your Case?

It is essential to ask the lawyer who will handle your case. Some law firms meet with clients and end up passing along the client to less experienced lawyers. You should also ask if he or she will be working alone or whether there will be more members added to the defense team so that you can meet them too.
5

Is the Lawyer Readily Available and Trustworthy?

Contact between the client and the criminal lawyer should be as essential to the attorney as it is to the defendant. The lawyer should allow the client to call when in doubt and they should meet regularly for updates and prepping sessions as the trial approaches. Neither the defendant nor the lawyer should hide relevant information from each other. Strategies used by the lawyer should also be known by the client to prevent ambushing and miscommunications.

Conclusion

When you find yourself on the wrong side of the law; your only saving grace can be a good criminal lawyer. A lawyer is an essential aspect of the legal process, and how you pick one will determine how the jurisprudence will be to you. It is advisable to do your research before you select a lawyer as this will be a significant relationship. A good lawyer can be the only thing that stands between you and huge fines or going to jail.

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How to Choose a Real Estate Lawyer

You never know in this day and age when you may need an attorney. However, a common experience that a great number of people go through is buying and selling real estate. For this process, you may benefit greatly by hiring a real estate lawyer to make sure the transaction is ironclad and all done above board.

In this article, we will take you through what a real estate lawyer actually does and why you may benefit from their services in your next real estate transaction.

What Is a Real Estate Lawyer?

A real estate lawyer is an individual who has the job of knowing the rules and regulations that are related to real estate transactions. Most clients turn to these experts to help them understand the contracts and other documents before making any purchase regarding real estate. In this piece, we have deeply explored the importance of getting in touch with an experienced real estate lawyer before buying a property.

The Duties Performed by Real Estate Lawyers

As mentioned above, these are the legal professionals who help their clients comprehend how the purchase of and contracts related to real estate work. A real estate expert has the legal knowledge that he/she uses to prepare and review the documents involved with real estate. These documents include mortgage documents, purchase agreements, transfer documents, and title documents. The real estate attorneys also, in many instances, deal with closings when a client or a company buys a piece of real estate from another person or company.

They always ensure that the transfer of ownership of the property and the money are legal and that both parties are satisfied in the process. 

Many are the instances when the real estate attorneys issue legal guidance for their clients who are looking to buy or sell landed properties. They always ensure that the transfer of ownership of the property and the money are legal and that both parties are satisfied in the process. Amid the purchase of the property, one of the duties of the real estate lawyer and the staff is to come up with all closing documents, complete title searches, write title insurance policies on the property, and also take care of the transfer of funds for the property that is being bought or sold. The lawyer or his/her team take part in the preparation of forms like the HUD-1 Form and other related transfer of funds documentation for the purchaser’s lender (in case it is a financed purchase).

In case there is a real estate dispute, like lot boundary problems, the chain of title, or other problems related to the parent contract, the duty of the attorney is to solve the problem.

In case there is a real estate dispute, like lot boundary problems, the chain of title, or other problems related to the parent contract, the duty of the attorney is to solve the problem. This can be done by the legal practitioner providing the legal documents for both parties in a courtroom setting. The real estate lawyer acquires the facts from both sides of the dispute and then tries to find a resolution that will work for both of them. This may force the hiring of a surveyor or even a title company to work through some details required to settle the issue in the court of law.

Why You Need a Real Estate Lawyer

There are some states where you can‘t buy or sell a landed property without the presence of a real estate lawyer. By having a licensed real estate lawyer witnessing a real estate transaction, you get to reduce the chances of breaking the law or doing things that could lead to a delay of your real estate closing. This is just one of the several reasons you will need a real estate lawyer while entering into a contract as a seller or buyer of the landed property.

Linking up and dealing with a real estate attorney is a great idea when you are going through ordeals such as short sale, foreclosure, or when you are trying to buy a landed property that is owned by a bank or other financial institutions. Your title company and the lender might require that you get an attorney to confirm that there is nothing wrong with the title of the property. Also, having an attorney can be essential if you want to sell or buy a commercial property since the rules and regulations regarding the tenant relationship and the tax filing status of the company might be quite complex to comprehend.

There are some states where you can‘t buy or sell a landed property without the presence of a real estate lawyer.

If by any chance you have had a judgment filed against you or that you have filed a bankruptcy, it is imperative to consult a landed property lawyer for further advice. A lawyer can also be a cardinal asset to a real estate team that deals with the property that is part of someone’s estate, is located in a location vulnerable to natural disaster, or a property that is having an issue with lead, termites, or other environmental contaminants.

In some instances, you will not need to find a lawyer to help you in acquiring or selling a property. Before having their licenses issued to them, the real estate agents are demanded to have a thorough understanding of the standard documents that sellers and buyers need to file before they are allowed to close on their homes. If you pick an agent with valid credentials and skills in handling matters about real estate in your location, you will not need an attorney at all.

How to Choose a Real Estate Lawyer

The real estate closing is one of the most undulating experiences for both the buyer and the seller. During the closing period, a lot of money is transferred and both parties have done a lot of work. Also, the real estate process tends to encompass numerous legal jargons that are too complex for an average individual to understand. If you have managed to pick the best real estate attorney to help you with the issue at hand, then everything will flow smoothly, and the closing will be done in the most convenient way. The duty of the attorney at this stage is to ensure that all the documents are prepared correctly and are ready to sign. But just what is the best way to look for and pick the right real estate attorney?

It is advisable to always begin the search process as early as possible. If possible, start looking for the best real estate lawyer as soon as you start looking for a new home. It normally takes quite some time to find the right person to help you with the legal procedures involved in buying a new home or other landed properties. If you try to do things at the last minute, you will have to pick one without any search, and that is one of the biggest mistakes you shouldn’t make.

It is advisable to always begin the search process as early as possible. Try to pick an attorney that at least you know certain things about.

Try to pick an attorney that at least you know certain things about. In case there is an attorney that you had used before, then you can invite them one more time to help you with the issue at hand. However, you should only do this if they worked well with you during the previous contract and provided a good record regarding performance. Since this is someone with whom you have worked before, you will have a clear understanding of how he/she does things and the level of skills and experience he has in this particular field. You will have an easy time agreeing with him compared to when you go for a newer expert.

Try to reach out to the bar association in your state or location so that they can provide you with a comprehensive list of attorneys that have experience in handling cases similar to yours. By using the state bar resource, you will gain an added advantage of making sure that the lawyer you choose is well licensed to exercise law in your state. You can either chose to visit the website of the bar association or give them a direct call to get the list of available attorneys.

Another great way to get the best real estate lawyer is by asking for direct recommendations from friends, workers, and close family members. This can be helpful, especially when any of them have used a real estate lawyer before. Also, they can choose to help you find a reliable expert without having to pay for their services. This technique is reliable and is mostly employed when you need to do things without wasting time. Also, you can choose to contact the people you know and have bought or sold real estate from before. They will tell you about the lawyers they hired and even issue you with their contacts so you can get in touch with them.

You should know the fee that each attorney charges. This will let you know the nature and level of expertise that your preferred attorney should have. Note that most attorneys who are experienced and highly skilled tend to charge higher fees. Only try to hire someone that offers the best services at affordable rates.

Conclusion

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The buying and selling of real estate is a legal dealing that should be handled with absolute transparency. However, unless your state demands it, one can always buy and sell a house without having to seek legal presentations. It is worth noting that failing to involve an attorney in the process might leave you vulnerable to numerous pitfalls and lawsuits. Having a deep discussion regarding your concern with an expert is highly advised so that you can decide on the best course of action. If you are struggling to find the best lawyer in your location, you can use the guide above to ease the tension. Also, there are numerous websites that you can always check to ensure that you are dealing with reputable experts.

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How to Become a Paralegal

Are you fascinated with a career in the legal field? Are you ready and willing to undergo the training and education required to succeed, but are not sure that becoming a lawyer is right for you? If so, you might find that a career working as a paralegal could be a perfect fit.

Paralegals perform many of the same tasks as lawyers, except for anything that might be considered the actual practice of law, such as arguing in court or setting case fees. The job also offers considerable opportunities for growth and impressive salary potential, depending on your educational credentials and experience. To learn all about the role of a paralegal, how to become a paralegal, and the benefits of choosing this field, keeping reading.

What Is a Paralegal?

 Overview

Typical Tasks 

How to Become a Paralegal

There are several steps and pre-requisites to becoming a paralegal.  Here is an overview of what is needed.

Education Requirements

The first step in learning how to become a paralegal is to receive the proper education. While there are some paralegal jobs available to individuals without relevant credentials and employment history, these are few and far between. Typically, you must have at least some education in the field to be a competitive candidate for paralegal positions. As with other industries, the more education, knowledge, and training you have, the better your job prospects will be.

Many community colleges offer associate’s programs in paralegal studies or legal studies, and an increasing number of universities and colleges are offering bachelor’s programs in the same courses of study. Some employers will hire a candidate who possesses only a two-year degree in paralegal studies or legal studies.

However, most of the time, employees prefer a four-year degree. A bachelor’s degree in paralegal studies or legal studies will give you more opportunities for better jobs and career advancement. When considering the educational institution to choose, it is best to select one with a paralegal program accredited by the American Bar Association.

Training 

On the journey to become a paralegal, be aware that many educational programs require you to intern at a law firm or similar setting to complete your degree program successfully. This is key as your internship will enable you to receive the necessary on-the-job experience. Sometimes, an internship blossoms into an offer of full-time employment following graduation.

Paralegals are employed in a variety of work environments, including law firms, trade organizations, insurance companies, banks, real estate firms, and as part of in-house legal departments at corporations. There are many paralegal jobs in the public sphere, including government agencies, consumer entities, prosecutors’ offices, public defenders’ offices, and legal aid organizations.

Certification Options

Another important element to remember when thinking about how to become a paralegal is the certification path. Only mandated in a few states, but advised for anyone planning a long-term career in the field, paralegal certifications can give you a competitive start above other candidates. Organizations like the National Association of Legal Assistants, The National Federation of Paralegals, and the American Alliance of Paralegals have certification programs to choose from.

Specializations

There are different areas to specialize in when becoming a paralegal.  Here are short descriptions of each.

Bankruptcy

Corporate

Criminal

Immigration, Litigation and Personal Injury

Why Becoming a Paralegal Is a Promising Career Choice

Key Considerations 

Career Outlook 

Salary

Conclusion

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Learning how to become a paralegal is a path that looks different for many professionals. Some earn their associate’s degree and begin work right away, while others opt for a bachelor’s degree and internship to kick-start their career. No matter which practice area you choose, the job is demanding and requires someone with an eye for detail, strong multitasking capabilities, extensive abilities in research and analysis, and adept oral and written communication skills.

Whether you work for a law firm or support an in-house attorney in a corporation’s legal department, expect a fast paced environment which will provide growth for you as never before. If you are interested in investigation and research, writing, client interaction, documentation preparation and production, filing documents with the courts, and supporting attorneys with any other case matters as required, a career as a paralegal might be just right for you.

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How to Become a Lawyer

Do you ever think about how to become a lawyer when watching your favorite legal drama or listening to a popular true crime podcast? The field of law has transformed over the years, and a small-town lawyer who handles all kinds of different cases has slowly given way to a more specialized attorney that represents most lawyers today. If you find yourself thinking about how to become a lawyer, you must first ask yourself if you have the strength, ambition, and perseverance to gain the knowledge, education, and experience.

Although many of us hear the word lawyer and think of the criminal law attorneys that we see in a variety of entertainment, there is actually a multitude of specializations in law and also a huge variety of industries in which one can work once you have become a lawyer. There are a number of skills that are of great importance when you are considering how to become a lawyer. Some of the following attributes are appropriate for being a lawyer:

  • Active listening
  • Problem-solving
  • Critical and logical thinking
  • Persuasive speaking
  • Excellent negotiating

When a person is pondering how to become a lawyer, they must be honest with themselves about whether they have good interpersonal skills as well as patience for both people and deadlines. Besides that, they must have exemplary business skills for billing clients and running a business if they are sole practitioners. In modern times, the technical savvy of your lawyer also has an enormous impact on how well they do with your case, as there are now a variety of resources online for citing case law and helping you win your case in court.

What Is a Lawyer and What Do They Do?

In the modern era, it has become necessary to hire an attorney in many situations. Whether you are faced with marital or custody issues, establishing a business, doing your taxes, or even getting bailed out of jail, attorneys are an integral part of modern society. This is evidenced by their presence in the fields of politics, media, technology, and civil rights issues, including hate crimes and voting rights.

It is an occupation that is suited to a large variety of personalities since there are so many options for areas of legal practice. The idealist can fulfill their need to be socially conscious and be a part of the forward movement of society and government while those who are more financially inclined can use the law as a springboard to making large amounts of money.

The Advantages and Disadvantages of Becoming a Lawyer

There are several pros and cons to be dealt with when you are thinking of whether and how to become a lawyer. The schooling involved is a long process, with classes for undergraduate degrees and law school classes taking seven years or more. This is not an inexpensive undertaking, and many law students spend years paying off their school loans. The good thing is that the hourly rates you can charge help offset these loans.

Additionally, the job has a way of becoming your life, and it is not uncommon to hear about many lawyers putting in up to 80 or more hours a week to win certain cases or judgments. Trials may be full of stress, and there will be a need to adapt immediately to changing circumstances, such as when a plea deal is made in criminal law.

There may be great, even monumental, successes achieved in areas of law that affect social justice, but there may also be setbacks in these cases. Anyone thinking about how to become a lawyer must be certain their skin is thick enough to weather the occupational hazards of potentially losing a case on which they have worked diligently.

Despite these negatives, there is still an overwhelming number of reasons to become a lawyer. The financial aspect is the main reason, but some people become lawyers for personal fulfillment. Law offices can often be exciting work environments that solve problems in multiple industries. This usually gives lawyers a greater understanding of the larger world and the prestige that accompanies their title.

How to Become a Lawyer

There are several things you must do when you are considering how to become a lawyer.

Although a liberal arts or humanities degree is entirely acceptable for those wanting to attend law school, there are more traditional majors that can provide you with a solid basis for many law school programs. A philosophy degree might help you understand some theoretical arguments presented in some law school classes. A degree in English may help you write legal briefs.

Bachelors’ Degrees in history or political science can give you a better understanding of the Constitution, historical precedents, or government processes. Economics or business majors would have a strong foundation for how to run a law office and bill clients appropriately.

Pass the Law School Admissions Test (LSAT)

Choose, Apply to, and Attend a Law School

Pass the Multi-State Professional Responsibility Examination (MPRE)

Pass the Bar Examination for Your State

Conclusion

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If you are considering how to become a lawyer, there is a long road facing you with many obstacles and rewards. The payoff is well worth it, whether it be the prestige conferred by winning a landmark case, the dynamic results of making sure an innocent man goes free in the criminal courts, or the paycheck received from sealing a particularly lucrative deal. This profession continues to grow and change with our society, and this always attracts hardworking personalities drawn to the ability to make a difference in the lives of others.

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How to Choose an Immigration Lawyer

Are you hunting for the right immigration lawyer to help you with your case? Have you been surveying your options, but are not sure where to even start?

Finding the right immigration lawyer for your particular legal situation is crucial to ensuring that your case receives the attention it deserves. If you are filing a petition for a green card or visa, working to stop your deportation, or are dealing with a similar immigration matter, you need to know what to look for in an immigration lawyer so you can choose one with your best interests in mind.

What Is Immigration Law?

In laymen’s terms, immigration law is the body of laws, statutes, and other regulatory measures determining who can and cannot enter and reside in the country. Immigration is not to be confused with naturalization. Immigration determines who can enter and leave a country while naturalization governs who can become a citizen. The two areas are connected to be sure, with most attorneys specializing in immigration law also handling cases related to naturalization.

Origin of Immigration Law 

In the U.S., for instance, immigration policies and laws are governed by the President and interpreted by the Federal Court System. International treatises also govern immigration procedures, such as those put forth by the United Nations International Covenant on Civil and Political Rights.

This body of laws has existed since 1976, allowing individuals who are citizens and live legally in a country to travel abroad without incident. This means they can travel and live outside of their home country if desired, and their country of origination must take these citizens back upon their return.

What Immigration Law Encompasses 

Lawyers practicing immigration law are experts on which rules individuals are required to follow if they want to enter and exit the U.S. legally. Immigration law covers customs inspections at points of entry like border security and airports. Immigration laws also dictate what documentation is needed to enter and exit the country, such as visas and passports.

This body of laws gives customs officials the authority to check any possessions you bring into the country. Customs officials even retain the right to hold you for questioning if they deem it necessary upon your arrival into the U.S. Choosing an immigration lawyer is of the utmost importance if you are trying to navigate these laws for your green card, visa, or any other immigration matter.

In fact, around 19 percent of immigrants in the entire world reside in the U.S. That is a staggering figure, particularly when you consider that the nearly 50 million immigrants who live in the country make up about 14 percent of the entire population of the U.S. in total. The country’s immigration laws are constantly developing and changing, so hiring a lawyer who is an expert in these areas is key to ensuring your case is handled appropriately.

Immigration Options 

If you are looking to immigrate to the U.S., there are a few different routes available to you. To be in the country legally, you need to receive official sanction to enter the U.S. The document that provides you official sanction is known as a visa. There are different visas based on the duration and purpose of your stay. Depending on your country of origin, if you are coming for a short visit unrelated to business, you may not require a visa at all. If you need a visa, the most common options to choose from are family and employment visas.

With a family visa, a U.S. citizen may submit a petition to allow other family members to immigrate to the country. There are some strict parameters, but a citizen can usually request to bring in their parents, siblings, spouse, and children. A permanent resident living in the U.S. legally may also petition for their spouse and children to come into the country.

There are many forms required to submit a petition for a family visa, which is why it is so important to make sure you receive guidance from a licensed immigration attorney. Employment visas can be divided into different subcategories, including those for skilled workers, priority workers, and investors. Again, navigating this complex maze of documentation and requirements is best done with legal counsel.

The Role of an Immigration Lawyer

An immigration lawyer aids clients in pinpointing the right visa for their situation that will allow them to enter the U.S. legally. Lawyers practicing in this area of law may also aid and advise regarding deportation proceedings, helping to make or break the client's case.

An immigration lawyer may work for private firms, in public interest settings, or on behalf of the government. For attorneys who work for private law firms, you must pay a fee for representation. There are non-profit organizations that assist individuals with immigration matters. Non-profits typically hire lawyers to assist clients with navigating the complex paperwork and process of immigration. Lawyers who practice immigration law for the government enforce these laws, such as analyzing applications, litigating in court, or helping to create new immigration statutes and procedures.

Role Analysis

If a client can potentially apply for different visas, it is the job of the immigration lawyer to help them select the best option. Some immigration attorneys work with employers who are trying to bring one of their foreign employees into the U.S.

After aiding their client in choosing the right visa, the lawyer will help the individual to process their visa application and give them insight into any factors that could cause their denial. If you are applying for a visa, the attorney may work with you to make sure you are adequately prepared for your visa interview and help you gather the documentation required to attest to your character and fitness recommendations.

If you are facing deportation, an immigration lawyer can serve as your defense and speak on your behalf in court to the immigration law judge presiding over the proceeding. Your entire case can depend upon you having a skilled, knowledgeable lawyer at your side adept at offering sound advice and engaging in litigation.

5 Tips to Hire a Good Immigration Lawyer

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1.  Consider the Costs 

2. Be Sure to Ask Questions 

3. Verify Credentials 

4. Avoid Unsavory Characters 

5. Weigh Your Options 

Conclusion

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Choosing an immigration lawyer who is qualified and knowledge to help you reach a successful conclusion to your case is a process. It takes time and careful consideration regarding your options.

Make sure you consider the costs involved, pose plenty of questions to any lawyers you meet with, verify their credentials, and stay away from anyone that shows a hint of unethical behavior. Finally, weigh your options and decide which immigration lawyer is the right fit for your case.

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How to Patent an Idea

Have an innovative mind that has come up with some decent business ideas? Perhaps you have already even developed a useful product that shows great potential for success. Whatever the reason you are here now reading this article, know that we have some useful knowledge on why and how to patent an idea that will hopefully get you closer to knowing if this is the right choice for you.

The Purpose of a Patent

The patent system was designed to promote the creation and innovation of ideas by allowing inventors ownership for their work and granting them an “exclusionary right.” The exact basis for the patent system can be found in Article 1, Section 8, Clause 8 of the U.S. Constitution. It is stated that this article grants Congress the power “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”

The patent system was designed to promote the creation and innovation of ideas by allowing inventors ownership for their work and granting them an “exclusionary right."

This gives inventors the legal right to prevent any other from using, making, selling or importing their invention. By definition, this specification is what determines the patent as a “negative right” as opposed to a “positive right”. A positive right would allow one to make, use, sell or offer something for sale This is also known as monopolistic right. A negative right, on the other hand, is a right that puts restrictions on using something in a type of way. Technical terminology aside, a patent protects future revenue stream, but this is only for a limited time.

Patent Expiration

You might be curious as to why a grant is only protected for a limited time. Due to the patent expiration process, this process was designed to allow the public access and information for using the once-patented product. After the time of patent expiration, the public will then be able to take advantage of this opportunity, essentially allowing them the potential to innovate a once-patented invention further.  By having the system setup this way, it sets the stage and encourages progress towards technological advances. This makes sense to do for positive intentions; many minds are greater than one, typically.

Patent Types

So, you're wondering how to patent an idea? Let's find out about the kinds of patents. There are 3 different types of patents that exist, as of now:  utility patents, design patents and plant patents. Utility patents give any individual the right to a patent that invents or discovers any useful, new process, machine, article of manufacture or composition of matter. Utility patents can also be given to those that discover any new or useful improvement to those categories of creations just mentioned.

 There are 3 different types of patents that exist, as of now:  utility patents, design patents and plant patents. 

Design patents have the ability to grant anyone who specifically invents an original ornamental design for an article of manufacture. And lastly, plant patents are allowed to those who discover or invent a plant that asexually reproduces any distinct and new variety of species.

Should You Patent Your Idea?

If you are undecided about getting a patent for your idea, here are some things to consider before committing. Understand that while there are many benefits to having a patent for a product, it isn’t the only way to find success in using your creation. Patents aren’t the cheapest of things to apply for especially if you are filing for a patent that is for a mechanical or electrical device. This could cost up to $2,500 to $3,000.

Also, not to bring down your hopes or discourage you in any way---only two to three percent of all patented products get approved for the market. Once again, we're not telling you that you should not try to patent your product. We’re just suggesting it doesn't have to be your first step or even a required one.

First Step

Patent Research

Product Prototype

Manufacturing Cost

Benefits of a Patent

LICENSING RIGHTS

How to Patent an Idea

At this point in finding out how to patent an idea, you may still see value in getting a patent for your product. If this is the case, then we are going to provide you with some steps which hopefully make this a smoother process for you.

Proof of Invention

Prepare Then File with the USPTO

Conclusion

All in all, there's much to consider when deciding whether to file a patent for your product. Realistically, it depends on exactly what type of product you have created and whether you think a patent is worth it. If money isn't an issue and you don't mind putting in the time and effort, file away; apply for a patent.

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How To Get Medical Power Of Attorney Over A Loved One

There are times in a person's life when it makes sense to research various options on a power of attorney, a written authorization empowering someone other than yourself to act on your behalf. A medical power of attorney (also known as a durable power of attorney) is an advanced medical directive using legal documents stating the person you've given authority to can decide for you in matters such as bank transactions, the signing of Social Security checks, and filling out an application for disability.

The person you give authority to is the principal, grantor, or donor (of the power). The person accepting authority to act is the agent, also known as the attorney-in-fact.

These days, a power of attorney does not have to be signed "under seal," meaning under the legal protection of secrecy. Some jurisdictions have laws honoring a power of attorney that has been notarized or witnessed, but other jurisdictions enforce a power of attorney providing it's signed by the grantor. As each state can vary in this acceptance of documents, check with an attorney to learn the legal requirements of your power of attorney.

What Is A Medical Power Of Attorney?

In cases where a person may become incapacitated, medical power of attorney is recommended. This allows a responsible party, authorized by you, to act on your behalf. When an individual becomes incapacitated due to illness or age, a durable (medical power of attorney) remains in effect after the incapacitation. These documents may be legally binding as soon as they are executed, or be dormant until after the mental incapacity of the person involved has occurred. According to AgingCare, medical power of attorney can be revoked at will, providing the individual is legally competent.

There are two types of power of attorney: one for health care and one for financial matters. As they must be established before any incapacitation occurs, most are drawn up before needing them. Also, since the agent is now in charge of handling the important responsibilities the position demands, they should be someone the principle can trust to handle their wishes about healthcare and their financial matters. However, it is unnecessary to name the same person as agent for both.

Advance Medical Directive

These days, when checking into the hospital for surgery or various procedures, you may be asked if you have an advance medical directive. This is a legal document serving as your living will. It is signed by a competent person and provides instructions regarding the patient's medical and health-care decisions in the event they die. The advance medical directive instructs the hospital regarding life support and organ donation should the patient become unable to make these types of decisions.

Capacity Law

The mental capacity of a person determines whether they can make binding amendments to their rights, duties, and obligations, such as:

  • Getting married
  • Merging
  • Entering into contracts
  • Making gifts
  • Writing a valid will

Any person creating a medical power of attorney can only do so providing they are mentally stable. In the event the grantor loses their capacity to permit the creation of the medical power of attorney from a condition such as Alzheimer's disease or sustains a critical head trauma in an accident, the power will most likely be null and void. If you, as the grantor want the document to remain legally binding should you become incapacitated, you will need a medical power of attorney. If a person is currently incapacitated, that person cannot execute a legally recognized power.

Getting Medical Power Of Attorney Over A Loved One: Options And Conditions

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If an individual does not have the mental capacity to execute a power of attorney nor have a durable power in place, usually the only way for another party to act on their behalf is to obtain a conservatorship or a guardianship from the court.

There are different types of power of attorney. They can be limited, general, temporary, or specific according to the state you reside in. A special power of attorney is defined as one that is limited to a specified act or type of act. A general power of attorney allows the agent to make all decisions whether personal or business. A temporary power of attorney has a limited time frame. If necessary, medical power of attorney can be edited or revoked providing the principal is still mentally stable.

The Lanterman Act

The Lanterman Developmental Disabilities Act (AB 846), also known as the Lanterman Act, is a California law, initially proposed by Assembly member Frank D. Lanterman in 1973 and passed in 1977, that gives people with developmental disabilities the right to services and supports that enable them to live a more independent and normal life. Check with your state's specific disability laws.

General Conservatorship

Conservatorship is a legal concept in the United States and refers to when a judge appoints a guardian or protector to manage the daily routine and the financial affairs of another adult person because of physical or mental restrictions or old age.

Limited Conservatorship

A limited conservatorship is determined following a court case where the judge authorizes a responsible person (called a “limited conservator”) with certain rights for caring for another adult who has a developmental disability.

When Is It Necessary?

A medical power of attorney becomes legal and can only be effective following a physician's determination that the patient can no longer make medical decisions for themselves and is limited to the duration of the incapacity. Therefore, an advance directive or a living will is so important. Should you become incapacitated, even temporarily, your loved ones avoid confusion by the provisions outlined in your documents. They won't have to agonize over whether to use a ventilator or donate your organs in the event you die. Advance directives are important for the living to have because when tragedy strikes, it often comes suddenly.

The Living Will

The living will states your preferences regarding specific kinds of life-sustaining treatments. For example, this document will notify your loved ones whether you want resuscitation interventions such as tube feeding, mechanical respiration, and coronary resuscitation.

The Power Of Attorney

This directive allows a specific person to act as your agent in the event you are not able to speak for yourself. You may opt for one person as your health care advocate and another person to conduct your financial business decisions. Separate financial and healthcare powers of attorney are available and legal.

The Healthcare Power Of Attorney

Certain jurisdictions may call the durable or medical power of attorney the "healthcare power of attorney."  This affidavit gives the attorney-in-fact (the person authorized to conduct business-related transactions on behalf of the principal) the legal right to make health-care decisions for the grantor, including discontinuing care and life support. However, the grantor can restrict the agent's powers regarding end-of-life decisions.

How To Create Your Medical Power Of Attorney

When seeking the medical power of attorney in the United States, always check the status of the state in question. Many jurisdictions honor a medical power of attorney that is oral-witnessed or not. It holds up in court just as if it were in writing. In some states, the law only honors those in writing. Institutions such as banks, hospitals, and the Internal Revenue Service, require a power of attorney to be in writing before they consider it a legal document. They typically keep a copy or duplicate original for their records. Nursing homes often operate the same way.

For a medical power of attorney to become legally enforceable, it must have the signature and date by the principal. Some jurisdictions may require that it be witnessed, notarized, or both. Having your medical power of attorney reviewed, signed, and stamped by a notary public will increase the validity of the document in the event there is a legal challenge.

Adults who want loved ones and healthcare professionals to honor their medical treatment preferences are urged to create legal documents stating how they want to receive care in the event of incapacitation by following the steps below:

  1. 1
    Create your living will: state how you want to be cared for in case you're incapacitated. This is also called an advance medical directive.
  2. 2
    Create a medical power of attorney form which designates someone to make medical decisions for you.
  3. 3
    File a Physician Orders for Life-Sustaining Treatment (POLST). This document tells medical personnel how treatments should be administered in certain situations.
  4. 4
    Research and familiarize yourself with the various powers of attorney.
  5. 5
    Be mindful of who you choose as your agent as they will make decisions you have not addressed in your living will.
  6. 6
    Meet with potential agents and show them your living will.
  7. 7
    Contact your state bar for an attorney referral.

Conclusion

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It is possible to create a “power of attorney” for almost any situation; however, medical power of attorney is one that gives you and your loved ones peace of mind for making life and death decisions. The authority you give your agent allows them to act on your behalf to access your medical information and honor your critical care instructions.

When you make a medical power of attorney, you are choosing someone you trust to oversee any medical care while sparing your family timely and confusing decisions. However, should your chosen agent be unavailable, have an alternative agent available, as there is always a chance your original agent or appointed organization may not be available or refuse to serve. Therefore, appointing a successor is often necessary.

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10 Questions To Ask A Malpractice Lawyer

Medical malpractice is the term used to describe a situation when a patient has suffered significant damage from an injury due to negligence by a medical professional or medical institution. Once this occurs, many will seek out a malpractice lawyer to see if they have grounds to sue the individual or organization for negligence.

The concept of medical malpractice is believed to be derived from ancient laws enacted by the Babylonian King, Hammurabi, who reigned from 1792 to 1750 B.C. Simply stated, the concept of medical malpractice means that medical professionals and facilities should be held accountable for deaths or injuries that could have reasonably been prevented.

rocket
justice scale

That is why it is so important to choose a lawyer not only for their skills and experience but also because you trust the lawyer, their paralegals, and their staff. 

To hold a medical professional or medical facility accountable for significant damages that should have been preventable, a medical malpractice lawyer needs to be hired to represent you. Together, you and your lawyer can decide if filing a lawsuit is reasonable. Medical malpractice lawsuits are labor intensive, extremely detailed and complex, and therefore, exorbitantly expensive. Large jury awards in medical malpractice lawsuits are newsworthy, but in reality, over 90% of medical malpractice lawsuits are settled before ever going to court.

What Is Medical Malpractice?

In the United States today, medical malpractice belongs to the body of law that deals with civil wrongs known as “tort” law in a category known as professional negligence. More specifically, medical malpractice is the term used to describe a situation when a patient has suffered significant damage from an injury caused by negligence on the part of a:

  • A medical facility such as a hospital, doctor’s office, surgical center, urgent care facility, nursing home.
  • Medical professionals such as a doctor, surgeon, physician’s assistant, nurse, nurse practitioner, physical therapist, pharmacist, paramedic 

Significant damage can include things such as:

  • Disability
  • Pain, disfigurement
  • Mental anguish
  • Suffering and hardship
  • Loss of wages/income
  • Lack of future earning potential
  • Substantial past, current, and future medical bills
  • Loss of companionship
  • Impaired or reduced quality of life
  • Death

What Is A Negligent Act?

The negligent act must be the cause of the injury. Some examples of situations that might be considered medical negligence include:

  • Disregarding or not taking appropriate patient history
  • Failure to order proper testing
  • Failure to recognize symptoms or failure to diagnose
  • Misdiagnosis or delayed diagnosis
  • Misreading or ignoring laboratory results
  • Misreading or ignoring imaging test results
  • Failure to obtain informed consent before treatment
  • Errors in the execution of treatment
  • Errors in anesthesia
  • Unnecessary surgery
  • Surgical errors or wrong site surgery
  • Medication mistakes such as improper medication or dosage
  • Failure to follow up after treatment or poor follow-up or aftercare
  • Early or premature discharge

There are many situations that might constitute negligence. Do not attempt to decide negligence by yourself. Take the time to consult with an experienced medical malpractice lawyer.

Hiring A Medical Malpractice Lawyer

If you or someone you know may have received a serious injury as a result of medical malpractice, you should strongly consider consulting a medical malpractice attorney. Medical malpractice lawsuits are labor intensive, extremely detailed, and complex, and therefore, expensive. You can significantly increase your chances of winning a medical malpractice lawsuit by hiring an experienced medical malpractice attorney.

You can find a medical malpractice lawyer in several ways. You can:

  • Ask family, friends, acquaintances, and coworkers for a recommendation
  • Use online lawyer directories such as law-finders.com or tools such as “Talk to a Personal Injury Lawyer” which can be found on Nolo.com
  • Ask other lawyers you may know for a referral to a personal injury lawyer
  • Call or email the American Bar Association
  • Call or email personal injury trial lawyers’ associations, such as the American Association of Trial Lawyers (ATLA)
  • Call or email your state’s personal injury or trial lawyers’ association
  • Call or email the ABPLA which stands for the American Board of Professional Liability Attorneys

The ABPLA Board Certified medical malpractice lawyers are “among the best medical malpractice attorneys in the country. Each Board Certified attorney must meet and exceed rigorous standards through Experience, Ethics, Education, Examination and Excellence in professional liability law.”

Requirements To Win A Medical Malpractice Lawsuit

To win a medical malpractice lawsuit, lawyers must address and prove the following four things:

  1. 1
    The medical professional or facility had a duty to provide the treatment or care for the person injured. For example, there was a clearly established doctor-patient relationship.
  2. 2
    The medical professional or facility behaved negligently in that the required standard of care was not provided.  The standard of care that should have been provided should have been the same as what any other doctor in the same geographic area, in a similar specialty, with a similar educational background would have provided. Or, in the case of a medical facility, the same standard of care that should have been provided by the facility should have been the same as any other facility in the same geographic area.
  3. 3
    The injury resulted from the negligence/departure from the standard of care provided by the medical professional or medical facility.
  4. 4
    The injury resulted in measurable damages.

When presenting information in a medical malpractice lawsuit, medical experts are almost always required to present evidence detailing the standard of care and how the medical professional or medical facility deviated from that standard.

General, Special, And Punitive Damages

There are three categories of damages that can be awarded in medical malpractice cases: general, special, and punitive.

General Damages

General damages include such things as loss or reduced quality life, physical and mental pain and suffering, and loss of future earning potential. It’s difficult to predict and determine the amount of general damages a victim may be entitled to because there are no clear rules for how to do so.

Special Damages

Special damages are easier to quantify because they typically include expenses such as medical bills and lost income.

Punitive Damages

Medical malpractice victims may be awarded punitive damages, depending on state laws. But in general, punitive damages are only awarded when your lawyer can prove the doctor knew they were behaving in a negligent manner.

Top Ten Questions To Ask A Medical Malpractice Lawyer

Consider talking to at least three medical malpractice law firms before making a final decision on which firm you want to have represent you. Before talking with each medical malpractice firm, be certain there will be no charge for the initial consultation. During the initial consultation, plan to ask the following ten questions:

Experience

  1. 1
    How much experience do you have dealing with medical malpractice claims, and what percentage of your firm’s cases is devoted to this area?
  2. 2
    How much experience do you have with medical malpractice claims similar to the negligence which resulted in my injury?
  3. 3
    What percent of your cases get settled out of court, go to arbitration, or go to trial?

Case Specifics

  1. 1
    Is there a statute of limitations or deadline by when I have to file a medical malpractice claim?
  2. 2
    Who are the members of your firm’s medical malpractice team that will be expected to work on my case, and how will I know whom to contact?
  3. 3
    Do you think this case will settle, go to arbitration, or go to trial?

Fees & Costs

  1. 1
    Do you work on a contingency fee basis?
  2. 2
    What upfront expenses does your firm cover?
  3. 3
    Are there any upfront expenses your firm will require me to pay?
  4. 4
    If we are successful and offered a settlement or an award, how does your firm determine how much of a percentage to deduct from the settlement/award?

In addition to asking these ten questions when considering which medical malpractice law firm to represent you, you should be prepared to discuss your desired goals and get the lawyer’s opinion. For example, are you looking to receive a specific amount of money with as few costs as possible, or are you looking to receive as much money as possible, no matter how much it costs and how long it takes?

Conclusion

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If you have been the victim of medical malpractice, chances are you have serious financial issues associated with ongoing medical treatment and medical care. The only way the legal system in the United States allows you to receive compensation is by filing a lawsuit against the negligent medical professional or facility. Once you’ve made the decision to go ahead with a medical malpractice lawsuit, you will need an experienced medical malpractice lawyer.

You can expect that an attorney practicing in this highly specialized field will charge you between 30-45% of the settlement or award amount. And, these charges are after the legal expenses have been deducted. These charges may seem high, but they are justified because if the lawsuit is unsuccessful, the medical malpractice lawyer will receive nothing after spending considerable personal and law firm time and expense.

That is why it is so important to choose a lawyer not only for their skills and experience but also because you trust the lawyer, their paralegals, and their staff. You need to know this team of people has a sincere interest in you and your case, and they will be easy to work with during what will undoubtedly be a lengthy process.

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