Hagen Rosskopf Explain What to Look for in a Personal Injury Attorney

by

04 May 2020

Legal

Hagen Rosskopf

If an accident had happened which was not your fault and has resulted in your injury, you may be interested in knowing about an interesting form of a lawsuit- Personal Injury. In order for your lawsuit to succeed, it may be necessary to have a qualified personal injury attorney on your side. Hagen Rosskopf explains the basic principles of personal injury law.

Most people do not contact personal injury lawyers until they have already been hurt, but it might not be a bad idea to secure the services of a lawyer before the accident occurs. This means you will not have to struggle to find someone in a chaotic time after your injury. This is especially important for workers in high-risk industries like construction.

You may feel that you have a low chance of needing a personal injury attorney, but in truth, injuries can happen at any time. Accidental injuries are the third leading cause of death in the United States. Many of these are car accidents, but other types of accidents can also lead to death or serious injury.

The Qualifications of a Personal Injury Attorney

Personal Injury

Personal injury attorneys need to have a standard amount of schooling and training before they can practice. They must attend college and law school. They must also pass their individual state bar exam. Some multi-state tests are also given. The American Bar Association certifies specialty practices.

Types of Cases Handled by Personal Injury Lawyers

The type of law practiced in personal injury circles is known as “tort law.” Tort law protects people when their person or their property is harmed due to someone else’s negligence. If the tort action is successful, the defendant or their insurance company will have to pay damages to the injured party.

Events covered by tort law include personal injury, medical malpractice, and product liability. Most personal injury lawsuits are filed as a result of a car accident, but there is a wide variety of other accidents that could occur. Slip and falls, workplace injuries, animal bites, and injuries that overlap with actions in the criminal court are included.

Often, personal injury lawyers focus exclusively on one type of case. Sometimes a lawyer will take on an unfamiliar area, and they will have to consult experts to serve their client well.

Insurance Companies and Personal Injury

People may feel that their own insurance coverage should be able to protect them in the event of a personal injury. Sadly, this is often not the case. Getting your own money back from the insurance companies can be hard, and they will try everything to avoid paying the claim.

This is disheartening, especially when you have been a customer of the insurance company for many years. A quality personal injury attorney will be able to fight the insurance company for you and get the compensation you need.

A Personal Injury Case Roadmap

Before your lawyer files the case, you will need to sit down with them and determine whether someone else was responsible for the accident. They will help you find a defendant who caused your injury.

Your attorney will go over your injury and talk with you about its severity and how it has affected your daily life. They will talk with you about your legal options when it comes to the case.

After consulting with you, the attorney will need to do a full investigation. The accident scene, witness testimony, photographs, police reports, records of medical diagnosis, and bills need to be examined in depth. The attorney needs to know how much money you make and how much you have lost as a result of the accident.

Medical and accident reconstruction experts may be secured. Experts are also needed to access the information in a vehicle’s “black box” which records speed and driver actions.

For the attorney, the next step is creating a demand package. The demand letter will give a complete picture of the financial, physical, and medical facts of the case. This will help to convince the defendant’s lawyer and the insurance company that you deserve financial help.

Demand letters are critical to resolving the case. Experienced attorneys write the best demand letters. These will make sure that you get everything you need.

Filing Your Lawsuit

If your settlement cannot happen out of court, your attorney will need to officially file the lawsuit. Most personal injury cases do not result in a trial, but it is a good idea to be prepared.

In the discovery phase of the trial, obtaining evidence is the most important activity. Personal injury attorneys are good at securing information from the other attorney and the defendant’s insurance company. This information can help to cement the case.

Judges may take cases under mediation. In this case, the defendant may settle ahead of the trial. If mediation does not work, it has to be decided via a trial. If your personal injury attorney is experienced in court, you will get the best results. Unfortunately, some cases may take years to resolve if the courts are involved.

Understanding Personal Injury Law

If you are injured in an accident that was not your fault, consult with a qualified attorney. Hagen Rosskopf encourages injured parties to find a quality lawyer in their local area to help them with their case.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Well-Settled Law Firm

Golden Rules To Establish A Well-Settled Law Firm

It is not easy to start a law firm because it involves a proper legal procedure. Many people make a mistake by getting a building for the law firm and doing the legal process. But once they begin with the business, it does not work well. Ever wondered why? Many reasons would fail the law firms because money is not everything. Mind mapping is a common technique used by professional businessmen widely. They think about everything from getting a building to getting a client for their well-settled law firm. When it comes to mind mapping for business the lawyer should focus on a niche. They should practice in one type of legal case. If a family lawyer has more experience in divorce cases than land disputes, he should open a well-settled law firm to resolve divorce cases only. Read Law Firms in Dubai and how to get a license to practice here. Here Are Golden Rules To Establish A Well-Settled Law Firm: 1. Modern Marketing Secondly, the law firms do not know the importance of marketing. Nowadays, word of mouth is an old technique of marketing. They should hire an advertising agency that can provide them with digital marketing to upgrade their presence on social media and websites. People say that communication is the key. It is true. Some clients do not even pay their bills on time, yet they are not reminded by the lawyers, even. For any business, the cash flow shall be constant. You need to communicate with clients not only for their legal cases, but also tell them to act professionally when it comes to payments. You should also keep them informed about the business expansion in terms of issuing newsletters, biweekly. Some clients love to hear from the businesses. However, last but not the least, it is important that you need work in a team to achieve the optimum level of your business. Therefore, if you do not know anything about marketing, you may hire a digital advertising agency. If you need help to decide your niche, you must consult with your legal professional friends. There is a solution to everything once you start focusing on business. 2. Labour and Employment Lawyers Labour and Employment Lawyers are an important part of any well-settled Law Firm. Business, employment, and profit opportunities are the three major deltas of a trade-in in any country. You need resources to start a business, you need a workforce to manage operations and you need opportunities to continue the operations. Let’s throw the light on Labour and Employment Lawyers here. 3. Consult the Labour and Employment Lawyers in the Beginning Many people are mistaken when it comes to opening up a business. They are of the view that finance is everything in the business. They ignore the legal aspects of the business. However, one cannot start a business professionally if he does not have a proper office space to begin. Only, the freelancers can begin to work from home and earn a handsome amount of money. To set up a business requires a lot of understanding at different levels. The best way to begin with a business is to consult labour and employment lawyers before investing money. The initial investment does not have to be too big. In fact, you can begin at a small scale even if the business lawyers are there to help you out. To keep up with the strong market value, you will need a good business lawyer for your company. When a business starts growing, the competitors try to make it fail by hook or crook. Therefore, the legal services should always be on board. You need to hire a lawyer who would know the corporate world and the laws regarding any business. Being a businessman, you should also know about the real estate property law, because at the end of the day, you have to buy the property. The legal consultants can only help you in choosing the best space that they can manage legally. Moreover, labor and employment lawyers have more responsibilities than contract specialists. They have to manage the disputes between management and the labor force. They also have to register the business for an audit. Hence, lawyers should be the utmost priority of any business. To find a good lawyer in your locality, you should visit a few law firms nearby. It is important to learn about their reputation and check their previous records. After shortlisting a few, it is important that you should meet those lawyers in person. Some of them have a good reputation with bad communication skills, but others have communication skills and a good reputation too. Find a lawyer who would understand your business requirement. Labour and Employment Lawyers in UAE, having the important more than in other countries. UAE is one of those countries where mostly the employees are expatriates, not the local residents. Therefore, a large workforce has to be managed. If you will not manage a large workforce using the law then it will create serious issues. Therefore the UAE Labour Law which is popular in the world is revised quite often to have better control and offer a favour to people working in UAE. This is not for the employees only. It is all about the Employers and Employees equally. Read Also: What Personal Injury Law in California Involves A Comprehensive Guide to Law Firm Finance in 2021 How To Choose A Practice Management Software For Your Law Firm

READ MOREDetails
Redundancy Solicitor

Do I Need A Redundancy Solicitor? Then What Is That?

Before we get to know why it might be necessary to hire a redundancy solicitor, it is much more important to know who is a redundancy solicitor and why you might need one.  When I say Redundancy, it is among the limited numbers that have the potential for fair reasons while dismissed from work. This happens when the employer is required to decrease the workforce and also close the business premises.  So now, if you get dismissed from work for a reason of redundancy, then you are entitled to a few statutory rights, including a redundancy payment. Now that you know what is a redundancy solicitor, let’s get into why you might need a solicitor and for what purpose.  Why Would I Need A Solicitor When Being Made Redundant?  There are certain situations when you might need a redundancy solicitor, so let’s get to know these situations.  You might suspect that you are not in a redundancy situation. You might suspect that your selection is unfair.  You might suspect that the procedure that your employer followed is incorrect.  It is possible that a settlement agreement has been offered to you.  You might have been as to become a volunteer for redundancy.  You might not be sure whether you are getting the full redundancy package.  These are a few instances where the need for redundancy solicitors might be of great assistance.  Related: How A Solicitor Can Help You To Set Up A Business What Are The Circumstances Of A Genuine Redundancy? A redundancy is to be considered if the following are maintained:  Suppose the whole business is closing temporarily or maybe permanently.  It is possible that a particular workplace you are working in is either closing or maybe moving to another location.  Suppose the job you have ceased to exist or has diminished, or maybe you are expecting your job to cease to exist or diminish in the future. This will happen if your employer is considering certain restructuring in the workplace.   The redundancy is not to be considered to be genuine if the following happens:  Suppose your employer is replacing you with someone else, maybe with someone with someone who is willing to work for less amount.  It is possible that the business is about to transfer its ownership, and maybe the new owner is going to employ you on totally different employment terms.  It is more likely that the latter will become a Transfer of Undertaking (TUPE) situation. Before you apply for this, it is better to get legal advice, or you might be in trouble since it is a grey area.   An Employer That Has Not Followed A Fair Procedure In an ideal world, the employer’s redundancy process should have a set employment contract or handbook in place. Now what your employer should do is look for redundancies that can be avoided quite easily. Certain ways you can avoid redundancies are:  Your employer can ask you to volunteer for a redundancy or even opt for an early retirement.  The employer can also choose to lay off the employees who are self-employed. The employer can choose to ban or reduce any overtime.  Your employer can offer you to get alternative work.  Now if your employer still wants to proceed toward redundancy, then they should really identify the certain employees who are to be made redundant. But the selection should be made in a fair way.  While selecting the employees, there are a few characteristics that should not be considered as the selecting factors, they are such as gender, ethnicity, or any such discriminating factor.  The selection criteria that are to be considered fair and impartial are: Aptitude  Skills Qualifications Performance Record/Discipline Attendance    Now depending on these selection factors, the employer has to consult with these candidates; if they don’t, then the redundancy will be considered to be unfair as well. At least one meeting with the employer is important to discuss every aspect of this situation. Well, suppose your employer has selected over 20 candidates for redundancy, in that case, a special rule is applied that the candidates need to follow through.  You should also be given a proper notice period to prepare yourself. The notice period should be like this:  1 week notice if you have been working in the organization for between one month and about two years. 1 week's notice for each of the years the employee has worked in the company ranging between 2 to twelve years.   Lastly, 12 weeks of total notice period; if the employer has been working in the company for over 12 years.   Which Is Better, Being Offered A Redundancy Package Or A Settlement?  Well, now, suppose you have been working in a company or organization for over two years; then, you are entitled to a statutory redundancy payment as well. For this, the specific calculation goes something like this.  About 5 week’s payment is given to employees who have worked a full year after their 41st birthday.  About a week’s worth of payment is given to employees who have worked a full year after their 22nd birthday.  About half a week’s worth of payment is given to employees who have worked a full year till their 22nd birthday.  The total length of your service is capped at 20 years. Then your weekly payment is averaged over what you earn per week over a 12-week period till your redundancy notice.  Read Also: Breaking Down The Complexities Of Surrogacy And Assisted Conception Laws In The UK Preparing For Your Initial Consultation With An Immigration Lawyer Choosing The Right Conveyancing Solicitors For You

READ MOREDetails
Business Law

Forms Of Contract In Business Law

In the event that you are a businessperson and deal with contracts, it is most likely that you have observed the various types of contracts. This post will provide you with an overview of the two principal forms of contract in business law, namely express and implied-in-law contracts. An express contract is, in effect, a document that contains the terms and conditions of the contract between two or more parties. This type of contract is very much like a legal agreement that the courts will recognize. However, it bears noting that an express contract does not necessarily mean that it has been put into a written format. It may be just an oral agreement that is binding on both parties as long as there are no other conflicting terms. The other kind of contract that is put into written format is an implied-in-law contract, it is a legal contract that is against the law, but it has not been placed in a written form. On the other hand, an implied-in-law contract does not need to be written and is more akin to a general understanding between the parties. It may have been readily apparent to both parties at the time of formation and without any further agreement or specific conduct by either party. Types And Classifications Of Business Law Contracts: An express contract is a valid and legally binding agreement between two or more parties who intend the agreement to be for the whole of the legal rights and obligations that arise from the contracts without resorting to any additional procedures of law. On the other hand, an implied-in-law contract is a contract that is implied in law based on some of the known facts and circumstances, which as a result, leads to a contract being created between two or more parties. The concept of an implied-in-law contract establishes that the law will imply all obligations that are deemed necessary based on the facts and circumstances between two parties. According to legal experts and the courts, both express and implied-in-law contracts are entirely valid. However, the main difference between these two types of contracts is that an express contract is created by both parties, and it must be a written agreement. On the other hand, an implied-in-law contract can be established on a number of grounds, one of which is that a party may have received some of the benefits from another party but not necessarily through a written agreement. Forming A Contract: Contracts are formed when one or more parties agree to some conditions and terms, which are known as offers. As a result, the other party who receives the offer is also bound by the contracts, and this happens in most cases when there is an acceptance of the offer by the other party. When this happens, the formed contract is known as a binding contract, and both parties tend to be bound by the terms and conditions contained in the contract. When a contract is formed, and both parties acknowledge that the contract has been formed, the agreement will be put into writing for them to read. However, it becomes legally binding as soon as it is created, and both parties are bound by the terms. This means that the main terms of the contract will be written down, and each party will be bound by these terms. The formation of contracts mainly involves two parties who can agree on certain terms and conditions, or there can be an oral agreement between the parties who form a contract based on certain conditions. Common Contract Types: There are various forms of contracts in business law, and the main types of contracts that are generally adopted by parties include sales contracts, agency contracts, loan agreements, and service contracts. All these types of contracts aim at achieving one main purpose, which is to facilitate vehicles and ways through which parties can enter into a contract. It is also worth noting that all these types of business law contracts have certain similarities with respect to the same objective. Alongside this, each contract has certain provisions that are unique to each type. The main purpose of this is to make sure that each contract has certain provisions which are required to be included in different contracts. The types of contracts include sales contracts, agency contracts, loan agreements, and service contracts. A sales contract is perhaps the most common type of business law contract. It involves the sale of goods or services between two industries as well as two or more parties. This type of business law contract can be used by both businesses and consumers because they allow for the purchase and sale of goods or services from one party to another. Conclusion: Business law is quite extensive. As such, it requires the assistance of a professional to be able to deal with all types of contracts within the business. Looking for a business lawyer is essential if you want to avoid falling foul of the law and ensure that your business is legally sound. When dealing with contracts, it is advisable that you verify the credentials and experience of a lawyer before hiring them. This will ensure that your interests are protected when dealing with contracts. Read Also: How To Choose The Best Legal Structure For Your Business Using Short-Term Loans to Help Rebuild Your Credit Score Why Do Businesses Need a Lawyer’s Advice?

READ MOREDetails