Do I Need a Lawyer for a Car Accident that wasn’t my Fault?

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21 February 2019

Legal

Car Accident

Experiencing a car accident can be a traumatic and highly emotional experience no matter who has caused the collision. Even if an accident is clearly not your fault it is always a good idea to hire an attorney if you experience any personal damages. An attorney will be familiar with the particulars of state laws and will know how to read a police report with an eye for detail. Insurance companies have teams of lawyers who want to make sure they pay as little as possible. A good attorney will get you the money that you deserve.

Self-Representation vs Professional Representation:

Laws regarding personal injury are extremely complete. California is a tort state and insurance companies will fight to keep every penny that the law will allow. They will hire private investigators to watch your every move to insure that you cannot do the activities that you say you cannot perform. They employ actuaries and legal teams who are devoted to cheating you out of your damages. Chances are, you do not have the legal know-how to combat such sophisticated opponents. Even an attorney who is not specifically trained in personal injury lawyers would have a hard time with the research required to build a solid case. It is best to get an attorney who specializes in personal injury law.

Tort Reform in California:

Although it has a reputation for its liberal politics, California does adhere to The Medical Injury Compensation Reform Act, which has been around since 1975. It has been modified slightly over the years, but most of it held up even when challenged by the Supreme Court. It was designed to reduce the cost of insurance, but studies have shown that the law does not work and only cheats people out of the damages they are owed.

DUI Laws in California:

California ranks squarely in the middle of the country in terms of the harshness of its DUI laws. The punishment for drivers in criminal court includes fines, classes and license suspension. If you are the victim of an accident, you deserve more than the paltry restitution a criminal court judge or jury will award; you deserve a tort which covers all expenses related to your case.

What to look for in a Personal Injury Lawyer in Fresno:

There are a lot of attorneys in California and picking a personal injury attorney in Fresno can be challenging. Make sure to pick one who will be dedicated to your case. There are a few characteristics of any good attorney.

Courtroom Experience:

Although Personal injury attorneys rarely go to court, it doesn’t hurt to have a lawyer who has a quick wit when arguing and has no problem speaking in front of people.

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I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

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Become a Successful Lawyer

Keys to Become a Successful Lawyer

One of the most renowned professions in the world is that of being an attorney. There’s a pretty wide stereotype when it comes to those in the legal world. Most people carry a preconceived notion that these are essentially high-quality professionals with a lot of knowledge, shark-like instincts, and high-class life. What it all boils down to, however, is the job itself: defend and protect their clients to the best of their abilities. A boss lawyers hold several keys to unlock success. Communication: One of the main traits of any lawyer worth their salt is being able to communicate. This goes for every aspect of the job—clients, opposing counsel, even staff. It is unavoidable to enter debates or even heavy discussions, such as when there is a division of properties amongst heirs or attempts at settlement during a divorce. Being a good communicator is crucial in handling one’s practice and one’s cases. Always Learning: Times change, and there are usually exceptions to every rule. Being able to do research and find factual information that can prove helpful to a present case is essential. Cases outside of one’s preferred field can always fall into one’s lap, and being open to learning more will not just benefit that case but future cases as well. On top of that, while anyone can do research, developing that as a skill will also be of great assistance in the courtroom. Lawyers that want to experience real-life training and education should opt for trial lawyers college. This will help them work with the best legal minds in the business and understand the inner workings and intricacies of the profession. How good you are as a lawyer depends a lot on the kind of courtroom experience that you are able to gather. By being a part of reputed institutions, you can expect those kinds of experiences even when you are completing your college education as a lawyer. Organization: A mess is equivalent to stress in most cases, but even more for lawyers. Don’t jump to a conclusion that this means there is a need for “Marie Kondo”-level tidiness. There is, however, a serious need to be organized to the point of being able to work with a clear mind and find what one needs in an instant. The neater a file cabinet is, the better. This also applies to digital spaces—not having a cluttered desktop and knowing where to find a certain PDF can make a huge difference. Focus: It's one thing to be aware of what one wants. It’s an entirely different thing to keep an eye on the prize no matter what happens. Staying focused is vital to achieving a vital end goal such as winning a case. Keeping a level head and being able to stay set on a specific objective allows for a clear mind and the ability to make the right decisions. The most dedicated of lawyers can be inundated with multiple factors throughout several trials, yet remain unfazed. This is a big advantage and a definite necessity to reach success. Patience: While the ideal is usually for cases not to drag on very long and for deals to close right away, patience is actually incredibly helpful. This is a skill learned and practiced during law school, which takes years to complete. Patient lawyers usually get better deals for their clients and allow for the proper questioning and cross-examination of witnesses. Rushing through things can lead to missing out on key pieces of evidence or a change of heart amongst parties that could greatly affect the case. As the old saying goes, “slow and steady wins the race”. Reputation: In this day and age, reputation is still quite important. The law profession is no stranger to this, especially since clients will always consider what other people have to say about the lawyer’s body of work—and how he or she was to work with. It’s also no secret that mudslinging, while a very low and unethical blow, is a tactic that some people will resort to in order to force an outcome. Having a good reputation will not only attract more clients, but it will also serve as a defense for any unpleasant situations that may arise. Networking: While this may seem to be a purely professional trait, it actually works both ways. Having a good personal network is just as important in the law profession as having a good professional network. This doesn’t just mean knowing the right people or having connections in the right places—it also means developing a good reputation for being personable. Calling in favors or asking for help is made several levels easier when there’s a reliable network to pull from. Fighting Spirit: The first step towards any action is the intention and feeling behind it. This applies to all things, but even more so to lawyers. Having a sense of fight over flight every time is absolutely helpful in the law profession. All the other keys—focus, organization, networking, patience, communication—all boil down to putting up a fight. This doesn’t mean physical brawling, of course. It refers more to a keen sense of aggression in terms of going straight for what the end goal is: winning the case at hand. Read Also: How To Choose A Personal Injury Lawyer How To Choose A Practice Management Software For Your Law Firm How Legal Services Outsourcing Aids Law Firms And Legal Departments

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Personal Injury Laws

Personal Injury Laws And Statutory Rules In Utah

Have you had an accident? Are you injured badly? Did the accident make you lose your wages? And, are all these the result of someone else’s fault? If Yes, you can file a personal injury claim and ask the at-fault party to compensate the damages. For different states, the personal injury law and case filling vary. It means you need to know the rules and regulations of the particular state you are living in. In case you are in Utah, you will have the usual understanding of the basic personal injury rules and regulations in Utah. Here in this article, we will offer you the necessary information about Utah personal injury rules. So, let’s get started now.   Filing Utah Personal Injury Lawsuit: Deadline Just like all the other states, when it comes to filing the claim or case in court after any kind of injury or accident, you have a particular limit of time. This specific rule of filing the claim within the time period is known as the statute of limitations. As per the statute of limitations, you will have 4 years of time for bringing a personal injury case to court. In case you fail to file your personal injury case within these 4 years, the time period from the day of the injury or accident, the Utah court might refuse to hear your case at all. It is extremely crucial that you keep track of the statute of limitations. At any cost, you have to ensure that you are filing your Utah personal injury case in court within the particular time period. To know more detailed information on personal injury claims in Utah and the Utah personal injury Statute of Limitations, you can contact Swenson & Shelley; they will guide you with all legalities. Shared Fault In Utah Injury Cases After filing your personal injury lawsuit or insurance claim in Utah, you get to know that the entity or person against whom you are filing your case also insists that you are partly at fault for your injuries. In case you find out that you are sharing some of the liability for your particular injury, the comparative fault rule of Utah might reduce the number of damages which you might recover from the other party that is at fault. And, in case you are found to be 50% at fault or more than that, you might be restricted from getting any type of damages at all. Let’s understand this concept with a simple example. Suppose you met with an accident at the grocery store due to a broken tile. You didn’t see the broken tile and tripped because you were busy scrolling through your Facebook feed. Now, when your personal injury case was represented in court, you were found to be 20% at fault for the particular accident, and the rest of 80% at fault is applicable to the grocery store.  Now, after calculating the damages, you will not get compensation for the complete damage, or just a part of it, because you were also at fault for that accident. As per Utah’s comparative fault, you will not get compensation for the percentage of your damages that is equal to your at-fault percentage. So, in case your total damage is $20,000, you will get $16,000 because you were 20% at fault and the other party is 80% at fault for your injury. Now, in case you are found 50% or more at fault, your compensation will automatically get reduced to “0.” Whenever an injured person is found that be or is sharing fault in a court-based injury case, the comparative fault rule is applicable as per Utah State law. Caps On Injury Damages In Utah Like a lot of other states, Utah also caps or limits some particular types of damages in personal injury cases. This is so true specifically for non-economic or pain and suffering in medical malpractice cases. You will find all the details regarding this on the Utah Courts website. There you will also get the process of determining the cap for different cases. Here, you also have to keep in mind that the cap does not at all apply to all types of injury cases. It is applicable only to those coming from any kind of medical malpractice. The Utah Government Involved Injury Cases Now, come to the Utah government-involved cases. If your injury is the result of any government agency or employee’s negligence, a whole different set of rules and regulations will be applied to your personal injury claim. In this case, you will get only 1 year to file your personal injury claim or case that involves the Utah state government. So, you have 1 year time to file your personal injury case that involves the Utah state government, and in case your initial claim is denied, you will also have 1 year to file an appeal. This one year is calculated from the date of injury or the accident. A number of injury claims where the Utah government is involved are governed by the Utah Governmental Immunity Act. Utah Is A No-Fault Car Insurance State Now let’s talk about the car accident cases. In Utah, a no-fault system is followed. It means that after any car accident injury or damage, the insurance company of the injured person will offer coverage for all medical expenses along with lost income. Here, it doesn’t simply matter which party is actually at fault. The injured person’s own insurance company is bound to pay for the damages. Unless your case meets a “serious injury” threshold, you can not hold the other driver liable for your injury after a car accident. Therefore, most minor accidents fall under the no-fault rules. However, if you can demonstrate that your accident case involves “serious injuries,” you might be able to come outside of the no-fault system and also can file a liability claim against the at-fault driver. To Conclude Now, you get a basic understanding of Utah personal injury rules and regulations. We know it is a lot to keep in mind. Also, when you are already suffering from injury, it becomes tough to keep track of everything and file a claim. Here, a personal injury lawyer will be able to help you. Additionals: What Personal Injury Law in California Involves Top 10 Colorado Springs Personal Injury Attorneys Hagen Rosskopf Explain What to Look for in a Personal Injury Attorney Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

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Personal Injury Lawsuit

What Are The Effective Ways To Communicate With A Personal Injury Lawyer

Did you know that many people do not contact a personal injury lawyer because they are unsure about how to do so? While this might not be the only reason why people don’t hire a personal injury lawyer, it is certainly one of them. Not knowing what to say to a lawyer makes them think their case is out of their hands and simply sit, hoping for the best. Or even people do find the courage to call a lawyer; they call the very first number they get from their friends and family members and will stick with that. Personal injury lawyers are expensive but become even more expensive when you don’t choose the right one for your case. In addition, if you do not have the right representative in the courtroom, you may never be able to collect the compensation you want to recover. Hence, it is important that you hire the right personal injury lawyer. And for that, you need to communicate with the lawyer effectively. Effective Ways To Communicate With A Personal Injury Lawyer The goal here is not only to hire the right personal injury lawyer for your case but also the one that understands your case to the core. This can only be achieved with effective communication between you and the lawyer. That being said, we have listed down the most effective ways to communicate with a personal injury lawyer. 1. Prepare A List Of Questions You will never feel comfortable, whether this is your first time or you have already experienced filing a personal injury lawsuit. Every case is different and comes with different complexities. Hence, you probably want to know - What are the responsibilities?What can be the best-case scenario.?What can be the worst-case scenario?How long can it take to solve the case?How much will the lawyer charge?How often does the lawyer update you about the case?What are your rights? There are just too many things that you need to be aware of. The best thing is to prepare a list of questions like the above and ask them one by one. While it’s true that some personal injury lawyers might not seem approachable, you must avoid them. Instead, choose some like a Personal Injury Lawyer in Pasadena. Every member is friendly and will never make you feel you are talking to a lawyer. 2. Share Every Piece Of Information If you keep certain information to yourself and do not tell your lawyer, you might risk your case. Most people are afraid that they are at fault and fear the consequences of coming out if they tell everything to the lawyer. Guess what, it probably will. It will cause more problems for you if your lawyers are unaware of certain information where they cannot defend you. On the other hand, you must know that your lawyer is a professional and probably has a number of ways to pull you out of a difficult situation. What you think might be devastating for your case - but as a lawyer, they are dealing with it every day. If the case is so clean, why do you need a lawyer then? So, instead of hiding any information from your lawyers, tell them everything you know about the case. 3. Communicate Your Desired Result Sometimes it's hard to come up with the desired result. You want to fight the case, but at the same time, you want the desired result. This mostly happens when the other party is someone you know. If that is the case, it is possible that the case will not even reach the courtroom and will be solved during the mediation phase. If you want to return to work, tell your lawyer. There might be some provision of the laws that affect your choice. The better you keep our lawyers informed, the better positions they will be in to help you out. Be Honest With Your Personal Injury Lawyer When you file a personal injury lawsuit, you need to provide extensive information to the lawyer so that they can build the case effectively. The document also helps them to prepare arguments made by the insurance company. The information that you are asked to submit is as follows. Financial Situation: Yes, discussing your past or current financial situation might not help your personal injury lawyer, but it will certainly help them give you better advice. For instance, if you are suffering from any financial hardship, your lawyers can ensure that the settlement is structured in such a way that it protects you from creditors. Medical History: It is important that you be transparent about your medical history. An accurate medical history will help your personal injury lawyer build the perfect case for you. You must know that a preexisting condition doesn’t prohibit you from seeking compensation. If your lawyer is aware of the past injuries, he can accurately evaluate the compensation. Criminal History: If you have any past criminal history, disclose it. This will help your personal injury lawyer build the case on the past data as well. In addition, you will even have an idea of what the outcome of the case will be. Potential fault: There can be multiple parties at fault, depending on the circumstances. However, the court evaluates the severity of the fault by Comparative Negligence Law and then looks at the compensation claim. That means, even if you are partly at fault, if it is less than the other party, you recover the compensation claim. Ask Questions! While talking with a personal injury lawyer, you might stand among legal terms you don’t understand. Instead of just nodding your head that you understand, ask your lawyer about the meaning and how they are used. Letting your personal injury lawyer know will help them get a better idea of your understanding of the case. Remember your aim is to understand the legal framework around the personal injury lawsuit. Asking questions to your personal lawyer is the best way to communicate. You will eventually find yourself having a valuable conversation related to your case. Additional Resource: Top 10 Colorado Springs Personal Injury AttorneysWhat Personal Injury Law in California InvolvesFiling a Personal Injury Claim in Chicago5 CRITICAL THINGS TO LEARN ABOUT PERSONAL INJURY CLAIMS IN ANN ARBOR

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