How to Know It’s Time to Find a New Lawyer

By on 12-12-2017 in Substituting Your Attorney

You don’t pursue a legal case to lose. That’s an obvious point, but it’s one that can be lost on some lawyers.

Every legal case presents its own challenges and complications. Although lawyers may handle numerous cases at once, each one requires individual attention and focus upon those distinct elements that make this case matter the most to someone.

But what do you do if your lawyer isn’t living up to your needs? Should you go through the hassle of replacing them or keep faith in their abilities?

There are many reasons to replace your lawyer. Here, briefly, are some of the major ones. If they apply to you, it’s probably time to consider substituting attorneys.

There’s a lack of communication between you and your lawyer

This is a common problem for lawyers who take on too many cases. Some lawyers are simply hungry to get to a settlement and keep as many cases coming in as possible. That attitude can be useful if you are just trying to get your case handled and moving, but it shows a lot of downsides when you get into the actual legal process.

Perhaps the most obvious downside is a lack of communication. While you may have been able to get an initial meeting and get your case going, you may struggle to get updates as often as you’d like. You may find your emails and calls unreturned. Legal cases can stretch for months, and if you aren’t getting as many updates and seeing as much progress as you’d like, it may be time to look elsewhere.

A difference in strategy

Some clients choose to simply trust their lawyer to know what’s best in their case. That may mean trusting your lawyer when it comes to settlements and other negotiations. If you aren’t a passive client, however, you may find you come to a serious disagreement with your lawyer when it comes to strategy. If you feel your lawyer isn’t taking your case in the right direction, look for one that will commit to the strategy you prefer.

A lack of interest or experience begins to show

Your lawyer needs to know the ins and outs of your case. That means not just the general timeline or all the pieces of evidence, but also the interests they are representing (i.e. your interests) and those they are combatting. A lawyer that is too busy may just lose interest and stop focusing on these crucial details.

Alternatively, the case may become too complicated for your lawyer. Since so many cases are simply settled these days, you may find that your lawyer has little or no trial experience, which would obviously be a major problem if your case happens to go to trial.

It is crucial that you trust your legal representation when it comes to your case. You should never feel like your case is just another case because, for you, it isn’t. If your lawyer isn’t communicating with you, has a difference of opinion and refuses to follow what you feel are your best interests, or simply lacks experience, it’s time to find someone who can represent you better.

Tell me about truckers

By on 10-25-2017 in Truck Accidents

I saw a truck that flipped outside of Memphis the other night, and it got me wondering about a few things.

First, how does that even happen? I’d love to know the specifics of how fast a truck like that has to be going and what kind of load it has to have in order for the thing to just flip like that, to completely lose control. It seems to me it can’t be easy. I know they’re big and cumbersome machines, but they are so heavy, it must take a lot of speed and a pretty sharp corner.

It was on an exit ramp, so I guess that makes sense. Dude must have been running pretty late.

Second, who pays for that? Who pays if a truck flips? I assume the trucker doesn’t. Do truckers own their trucks? I don’t think they usually do. I think the trucks belong to the trucking companies, and I assume they have insurance, so does the insurance cover the flipped truck, or does the insurance only cover accidents that the driver isn’t responsible for?

The more I started thinking about all this, the more curious I became. I’m still curious, mostly because I’m lazy. I’m just not willing to actually look up the facts, I guess, so I’m hoping someone around here will just post and explain it all.

Another question. I know that truckers can get sued by truck lawyers, or whatever you might call them. Like the guys I linked to just there. But, who pays when the trucker is sued? The driver? Surely not. They wouldn’t have the money. The company? Maybe. The insurance? But then we’re right back at the same problem. What does the insurance cover? Insurance is amazing like that to me. It’s both very fascinating and incredibly boring. Far too boring for me to even google. I’m telling you, I hope there’s an expert out there willing to write and explain it all. Otherwise, I’ll die curious in fifty years.

I suppose it all comes down to the natural fascination with trucks. You drive by them every day and don’t think about them at all, but once you do start thinking, it’s like you’re a kid again, playing with those Hot Wheels trucks and crashing them into things, dreaming about driving a big rig.

It’s one of those jobs, as well, that you see everywhere and yet don’t really know what it’s about. Like working in a factory. If you see it on TV, it’s always a stereotype of a blue collar guy that’s on the screen for five minutes and then gone. What is the life of a factory worker or a trucker really like?

I honestly don’t know. That’s something I would like to find out about.

But again, I’m too lazy, so I hope someone else will do the work for me.

Keeping an Eye on Stock Broker Misconduct

By on 9-26-2017 in Misconduct

Understanding all of the ins and outs of proper investing is a task that many people need not bother themselves with since they will never need to handle that much money or make decisions about where it should go. Even those that do have to use all of their time keeping their business running, so the task of moving money around is delegated to a specialized force of financial advisors called brokers. However, these advisors are subject to the same vices like everyone else, and there is a surprising lack of oversight to make sure they are not doing anything illegal.

According to this Reuters special report, the Financial Industry Regulatory Authority, or FIRNA, could be doing a lot more to prevent broker misconduct from occurring. FIRNA keeps data on brokerage firms and individual brokers that have had a history of misconduct, and individuals can look up firms on their website before they invest with them too if the firms have any dings on their record. If you suspect misconduct was occurring – like “churning,” where the firm makes many more trades than necessary (often against what the market would advise) and charges you exorbitant fees for doing so – then you can file a report with FIRNA, and they will investigate. If the firm is found to engaging in illegal activity, then the brokers responsible will be blacklisted and fired, but this does not guarantee that they will not be picked up by a smaller firm and put to work again. FIRNA claims that this detrimental hiring practice is not technically illegal, so there is not much they can do. However, because they do not have a proper database of brokers and firms, and only one search can be done at a time, it would take an investor an exorbitant amount of time to track what firms engage in hiring brokers they know to have bad records. Since FIRNA is not a government agency, they are under no obligation to provide such a database, and since they are funded by member firms, it is possible it would be against their best interest.

Considering how much damage can be done by brokers and firms that engage in misconduct, there should be a non-biased government agency that oversees them and ensures that all misconduct is severely punished and that other firms cannot hire brokers with bad records. Until one is created, broker misconduct lawyers can help fight against illegal activity. FIRNA can refer criminal cases to the SEC, but the lawyers will be needed to make sure justice is upheld.

A famous quote from the Great Gatsby claims that “the rich are different from you and me,” but in reality, they are humans like the rest of us and should have to follow the same rules. While a self-regulatory NGO is not inherently a bad thing since privately funded organizations free up government money for other pursuits, laws should be made that ensure these agencies are as transparent as possible.

How Does a Truck Accident Happen in the First Place?

By on 8-14-2017 in Truck Accidents

Everyone experiences the fear of driving alongside a large truck, worrying that you might be in their blind spot or that the truck-driver neglects to see your tiny vehicle on the road. Knowing the damage that trucks can cause on the road, many drivers fear these giant vehicles. If the unthinkable happens and you are injured in a truck accident, you can reach out to experienced lawyers to earn the deserved compensation. Truck and 18-wheeler accidents are often more involved than normal accidents because most truck drivers are backed by an entire corporation, meaning that the driver him or herself might not hold sole responsibility for the damages. In fact, many groups may find themselves involved in the injury, which could mean multiple sources of compensation for the injured individual.

In many cases involving a truck or 18-wheeler accident, the injured faces a huge team of lawyers associated with the truck-driving company. This makes the case immensely more difficult for the already suffering plaintiff. For a better chance of winning such a truck accident case, the plaintiff often requires the help of skilled and experienced truck accident attorneys. Without an attorney, the chance at compensation may be next to nothing.

Contrary to popular belief, passenger-vehicle drivers are often to blame for truck accidents because of many rules that must be followed by drivers to prevent truck collisions. Due to limited visibility of truck drivers, there are “no-zones” behind large trucks where other drivers should not drive. It is also not appropriate to drive between two large trucks, change lanes quickly while in front of a large truck, or commit unsafe passing procedures. There are also several reasons the truck driver could be at fault, however. Simply not following safe and proper driving procedures could make the driver liable. Large truck drivers might also feel too much stress from their company to rush their transportation, causing wrecks that could have been avoided with a more realistic time schedule. Many truck drivers are on a mission to drive certain distances within specific time periods and might find themselves neglecting proper driving etiquette and safety precautions. There are also many rules and regulations pertaining to the safe driving of semi-truck operators, such as regulations on the weight trucks are allowed to carry, length of driving time allowed per driver, and repair and maintenance requirements.

If infringements of these rules, regulations, or norms is to blame for the accident, the injured person may be liable to gain compensation for damages incurred by the accident. An example of such a case is the compensation of $1,850,000 by a semi’s insurance company to pay for the plaintiff’s damages that included multiple broken bones and surgeries after a head-on collision where the truck driver was at fault. Don’t suffer through the damages of a truck accident without fighting for the payment you deserve.

Dental Crowns

By on 7-05-2017 in Dental Care

Crown dentistry is an out-of-the mouth dental treatment. After the dentist makes a mold of your teeth, he will then make a crown after this replica. Dental hygiene, good oral health and tough material can make a crown last for 10 years or more; besides this, a crown can improve your set of teeth’s appearance, repair tooth damage and fit more comfortably than other treatment options.

A dental crown is a tooth-shaped cap that is placed over a tooth. It made from a tough substance, like porcelain. It keeps your tooth from further decay, damage, cracks and deterioration by capping it. It is usually performed following a root canal or other invasive treatment.

It is explained by the American Dental Association that a dental crown can help strengthen a tooth with a large filling when there isn’t enough tooth remaining to hold the filling. Crowns can also be used to attach bridges, protect a weak tooth from breaking or restore one that’s already broken. It may also be needed in order to:

  • Protect a weak tooth from breaking (usually due to decay) or to hold parts of a cracked tooth together;
  • Restore a broken tooth or a tooth that has been worn down;
  • Cover and support a tooth with a large filling;
  • Keep a dental bridge in place;
  • Cover severely discolored teeth or a dental implant; or,
  • Make a cosmetic modification.

Materials for permanent dental crowns include stainless steel, metal (such as alloys that have a high content of platinum or gold, or base-metal alloys, like cobalt- chromium and nickel-chromium), ceramic, resin, porcelain or a mixture of any of these materials. Porcelain crowns, though less durable, are typically the most natural-looking option.

According to the Passes Dental Care clinic, a dental treatment involving crowns takes about 2-3 visits over the course of 3-4 weeks. After the procedure is completed, it is required that you continue proper dental hygiene, daily brushing and daily flossing to help prevent bacteria, gum disease, and plaque to ensure that your crowns last a lifetime.

 

Insurance Companies have an Obligation to Act in Good Faith and Operate in the Best Interests of Their Policyholders

By on 5-26-2017 in Car Accidents

Carrying car liability insurance is just one of the ways drivers can show that they have the capability to compensate those who they may injure in accidents wherein they are at fault. In the states of New Hampshire and Virginia, drivers are allowed to choose any state-approved way of showing financial responsibility as an alternative to carrying auto insurance.

Carrying car liability insurance was first made compulsory in 1925, with Massachusetts and Connecticut as the first two states to impose it on drivers. Having auto insurance was made compulsory for three reasons:
First, because there were signs which said that cars will crash (probably due to mechanical defect or driver negligence);
Second, as cars crash, someone is more likely to get injured, besides properties getting damaged; and,
Third, which is also the most important reason, to enable at-fault drivers cover cost of damages to victims and never default on making compensatory payments.

Now called the Financial Responsibility law, this mandate is directed to anyone who wants to have driving privileges in the U.S.

Payment of compensation depends on the type of liability system recognized in the state where the accident occurred. In “tort” or “fault” states the victim is compensated by the at-fault driver’s insurance provider; in “no-fault” states, however, both drivers are compensated by their own insurance providers regardless of who was at fault in the accident.

It is but natural for a driver, who diligently pays his/her insurance premiums to expect financial protection from his/her insurance provider in the event of a car accident. According to an Ontario car accident lawyer, however, “most insurance companies operate like businesses, whose only concern is their profit. They will provide sub-par coverage, underpay your settlement, or unjustifiably deny a claim to protect their bottom line. These bad-faith insurance practices are infuriating, not to mention unethical, and deceive policyholders into false promises of coverage. When insurance companies abandon you at the moment you need them most, you are left to pay expensive out-of-pocket prices that cause substantial financial burden.

Insurance companies have an obligation to act in good faith and operate in the best interests of their policyholders. To help ensure that you can collect the total amount of benefit stipulated in you policy, insurance claims lawyers may be able to provide just the type of legal assistance that you need to confront companies that employ underhanded tactics to avoid paying out a claim. After an unanticipated accident or natural disaster, you deserve to obtain the coverage that will help you recover, including damages from medical bills, property damage, and ongoing rehabilitation.”

Traumatic Brain Injury: Signs and Effects

By on 1-27-2017 in Personal Injury

Traumatic Brain Injury: Signs and Effects

A traumatic brain injury (TBI), also called an intracranial injury, is a very serious injury that affects the human brain, the body’s major control network for all functions and abilities. Anything that causes a forceful blow to the head can result to TBI and affect the brain’s functions which, in turn, would also affect the way the whole body works.

According to Individuals with Disabilities Education Act (IDEA), TBI can cause temporary or total functional disability, psychosocial impairment or both, as well as damages in one or more areas of the brain, resulting to impairment in one’s mental abilities, including cognition, reasoning, information processing, memory, problem-solving, judgment, abstract thinking and language. TBI also makes a person more vulnerable to serious illnesses, such as Alzheimer’s disease, Parkinson’s disease, epilepsy and other health problems that can affect his/her respiratory, circulatory and digestive systems.

Some brain injuries can be mild, causing only a momentary dysfunction of the brain cells and short term headaches; most cases, however, are severe, resulting to bleeding, bruising, torn tissues, amnesia, coma, and/or other brain injuries that can lead to permanent disability or death. In its records, the Centers for Disease Control and Prevention (CDC) shows about 1.4 million cases of TBIs in the U.S. every year, putting it in the list of major causes of disabilities and death in the country.

The most common causes of TBI include: vehicular accidents; blasts or explosions, especially in war zones; sports accidents; falls; assault; child abuse; or, any other accident that causes a violent blow, or a sudden jolt, to the stories of wrongful death in emergency roomshead.

The symptoms of TBI are often not immediately obvious, usually becoming manifest only days or weeks after the accident or act of violence. This is why it is very important to always observe victims for possible signs of TBI, like persistent neck pain or headaches, sudden slowness in thinking, reading, speaking or acting, sudden loss of sense of taste and smell, unexplained changes in sleep pattern, moodiness, and dizziness. If repeated convulsions, vomiting, slur in speech, and numbness or weakness in the arms, hands, legs and feet, follow an accident or a blow to the head, however, then it is necessary to take the victim to a hospital for general evaluation.

Though most of the causes of TBI occur accidentally, the accidents are, nevertheless, consequences of other people’s negligence. Now, personal injury, which is based on the assumption of negligence, falls within the scope of tort law wherein victims have the legal right to seek justice, one way is by seeking compensation for whatever damages the injury would result to. When pursuing legal action, however, it is rather recommended that the victim is represented by a highly knowledgeable and experienced personal.

As pointed out by the Mokaram Law Firm in its website, “Unlike other physical injuries, TBIs are particularly worrisome because of the lingering possibility of cognitive damage that may affect memory, motor skills, and core personality traits. Furthermore, symptoms of traumatic brain injury commonly have a delayed onset, meaning a brain injury victim may not feel the extent of their injuries until weeks later. This can lead to additional medical complications, such as a misdiagnosis or shirked emergency room visit. While these injuries can arise out of unlucky circumstances, negligence from another party is the cause of brain injury all too often. Brain injuries caused by negligence are common in automobile collisions, motorcycle accidents, and instances of a defective product. Pursuing legal action against the liable party, with help form a seasoned personal injury lawyer may help the victim seek the compensation he /she may legally deserve.

The Most Common Types of Car Defects

By on 11-03-2016 in Car Accidents

When people buy cars, they always have the assumption that the vehicle was tested safe and free from defects. When purchasing cars on any vehicle for that matter, people expect seat belts to keep them safe, airbags to deploy when there is an accident, and the chassis to remain intact during an accident. Unfortunately, the last few years has seen a rise in the number of vehicle recalls due to defective components.

When accidents happen as a result of defective car components, the driver and their passengers suffer most from the negligence of the manufacturer as well as the dealer of the car. When the built in safety features of the car fails in securing the driver and passengers, there is a risk of serious accidents which could lead to injuries and worse death. While most car accidents are attributed to human negligence and bad driving habits, this does not mean that all crashes resulted from a negligent driver.

According to research, the following are the most common car defects which contribute to serious accidents:

Defective Steering Wheel & Brakes. Defects in the steering wheel and brake can cause a driver to lose control of their vehicle which could lead to single or multi-car accidents.

Faulty Accelerators. Defects in the accelerator can cause the car to speed up. Applying the brakes or using the emergency brake will not work in these types of defects.

Defective Tires. This is the most common type of car manufacturing defects. Cracks or defects in the tires can lead to blowouts resulting to accidents and serious injuries.

Airbag Problems. Airbag defects fall into two types: airbags that do not deploy with no cause and airbags that fail to deploy

Defective Seatbelts. Seatbelts are designed to keep drivers safe. If they fail to function properly, the resulting injury could be serious.

Philadelphia car accident lawyers will tell you that you have the right to seek compensation for any injuries that you incurred from the accident.

Harmful Pharmaceutical Products: The Fault of Drug Manufacturers

By on 8-18-2016 in Medical Issues, Pharmaceuticals

Over-the-counter medicines give us the immediate relief that we need from minor pains or illnesses, like headache, toothache or cough and colds; however, for heart ailment, or diabetes or other types of serious health complaints, we rely on whatever drug a doctor will prescribe.

A drug that is perfectly safe and effective can definitely work wonders. However, time and again, it has been proven that safe and effective, at least in relation to over-the-counter and prescription drugs, sometimes never go together. There have been many times when a drug has been proven effective, but not safe. Some prescription drugs have even linked to adverse effects, patient death or abuse, which likewise results to death. Thus, what may be safe for one, may serve as poison (or a cause of another type of illness) to another.

Pharmaceutical companies have the duty to make sure that their products are safe and effective. Even before applying for approval from the U.S. Food and Drug Administration (FDA) to have their drug made available in the market, this drug will have to be tested. All test results on the drug’s safety, effectiveness and, especially negative effects, will have to be reported to the FDA. Reporting of negative results, though, is usually not made by drug companies who, by the way, sponsor the tests conducted on their own drugs.

There are cases, on the other hand, when doctors commit the mistake of prescribing certain drugs for off-label use, that is for use not approved by the FDA. At other times, it could be a patient’s immune system not being strong enough to fight possible drug side-effects, or a patient having a medical health condition, or a patient taking another medication that counteracts with this new drug he or she is now taking.

Pharmaceutical companies also have the obligation to include in their drug’s prescription label the risk/s associated with using their medicine. Companies which negligently fail in their duty to inform consumers about the risks associated with using their medical product can be sought after by those harmed through the use of their drug to seek compensation from them for all the damages (present and future) resulting from use of such medicine.

The law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., explains in their website that when physicians prescribe a medication, their intention is to help their patients find relief from the symptoms of an illness or condition. While a physician may be spared from being liable in case a patient suffers injuries through use of a particular drug, this will definitely not spare the pharmaceutical firm that manufactured the harmful medicine.

What to Do in Case of Elder Abuse

By on 4-28-2016 in Elder Issues

If you believe you or your senior family member is a victim of elder abuse, there are steps to take in order to file a complaint. In the state of Massachusetts, complaints are to be filed at the Division of Health Care Facility Licensure and Certification which is the agency tasked to regulate and investigate any allegation regarding neglect, mistreatment, abuse, and misappropriation. They are also the ones who review any allegations regarding to inadequate quality care and ensure that resident or patients’ rights are upheld.

Unfortunately, they are only able to examine any complaints and issues that were submitted the past year. Any complaint should be filed through the Consumer/Resident/Patient Complaint Form, or if a written complaint is not possible, then there is the consumer complaint hotline that is open 24 hours to provide assistance. Emails are not accepted in order to safeguard the privacy of the resident/patient. Crowe & Mulvey, LLP says on its website that when a nursing home abuse complaint has been filed, facilities should have their own process in responding to the matter. Although it is not necessarily important to file a complaint with the nursing facility directly, it is still encouraged so that the facility would have the chance to review the claim and facts presented against them and determine whether they or any of their staff has violated the state and federal regulations.

There are many things that will happen after the complaint has been submitted, among them being the gathering of information to determine any form of non-compliance or abuse that might have occurred, then there is the legal process called Disposition, and many others.