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

Published on: 21 February 2019 Last Updated on: 08 August 2019

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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Things To Consider Before Hiring A Divorce Lawyer

Going through a divorce is already traumatic. Hiring a divorce lawyer shouldn’t be. You already have so much to think about. If you have children and combined assets, the process of divorce would become even more tangled. If your lawyer is good, you can avoid a long tussle and solve things fast so you can put the disturbing past behind you and move on. Hiring a lawyer is a very important task. Your future is at stake here. Your emotional and financial health is in your lawyer’s hands. The longer you have been in the marriage the more tangled the case becomes. If you have debts, dividing these could be tricky. There would be a lot of clauses that need to be looked into to divide these debts and assets. If you’re going through the divorce with a lawyer, chances are that your partner has a lawyer too. Since law proceedings can go any way, it is extremely important that you choose a lawyer that can help you get your fair share of the years and life that you built together with your partner. We can understand that the entire situation must be really overwhelming for you so we’ve put together a list of the top factors that you need to consider while hiring a lawyer. Things To Consider Before Hiring A Divorce Lawyer: Attorney’s experience: It goes without saying that your attorney must have experience with divorce proceedings. Law is a tricky boat to steer and unless your lawyer has some experience he would not be aware of the obstacles he needs to steer past. Now even while looking for a lawyer, check their credentials and certifications. You could personally check up with these some of the people they’ve worked with in the past. It would give you a fair idea of how the lawyer works. The biggest thing that you’d find out is their credibility. It is important that you go through many of their previous clients to make an informed decision. Fred Coover of Coover Law advises considering the experience and local reputation of a divorce lawyer before hiring them. Any big decision needs groundwork. Put in some time and effort to browse through the lawyer directory in your area and sift through their cases. Everything is available online, so you could do this any time. Lawyers generally have multiple cases in different branches that they work in their careers. Choose a lawyer that has experience in specifically divorce cases. This would tell you that they know their way around divorce proceedings. Background check: After checking their experience, check up on the lawyer’s background and how credible they are. If they have a reputation of unscrupulous methods of filing and fighting cases, you may want to steer clear. You don’t want to be stuck with a lawyer who doesn’t do things ethically because this could put your case in jeopardy as well. Divorce proceedings should be a one-time thing. You don’t want to go through the mental trauma again. If your lawyer employs unscrupulous methods, the case could be open again and you may have to compensate more than you received in the divorce hearing. Contact the local bar council and find out about the lawyer you’re thinking of hiring. They would be in the best position to advise you and give you information about the lawyer you’re seeking. Communication: Since filing cases is all about communication, when you meet the lawyer, you must be able to communicate with them effectively. Everyone’s way of communication is different and you must find one for yourself with whom you can communicate. If you feel like the lawyer isn’t true to what they say, move on to the next. Most lawyers who have been in practice for a long time have a fixed way of working and you shouldn’t have problems. In case you do, move on to find another attorney. They must be available for you via calls, emails or be open to meeting in person in their work hours. This shows that the lawyer is committed to your case. As Jim Parke from leading Melbourne law firm tells us, “Divorce is a very emotional and stressful time for the parties involved. It’s important to hire a lawyer who is sympathetic and understanding but also acts swiftly so things can be done in a timely manner”. The last thing you want is a drawn-out process which makes the event even harder to deal with. His legal practice ensures divorce proceedings are taken care of quickly. Fees of the attorney: While hiring a lawyer, inquire about their fees. Some lawyers charge by the hour and some for consultation. The normal rate that most experienced divorce lawyers charge is anywhere between $100 to $200 for consultation. Clear the paperwork and discuss the mode of payment clearly with them. Are the payments properly invoiced? Will any fees be refunded if you don’t employ their services. Lawyers charge a retainer fee which is an upfront fee. Check with the lawyer if this fees will be refunded in case you decide to terminate the contract midway. Ensure that the contract mentions all these terms clearly before signing. Read Also: How To Get A Cheap Divorce In Texas What Are The Grounds For Divorce In Illinois? How Long Does It Take To Get A Divorce In The UK? 3 Reasons Why You Might Need A Family Lawyer Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases 6 Ways To Heal After Divorce From An Emotionally Abusive Marriage Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage

What Is the Typical Workman’s Comp Claim Process?

When employees get injured while working, they are entitled to compensation. If an employer doesn't want to incur compensation costs, they can get insurance coverage for such cases. Workers' compensation insurance covers all the damages caused by work-related injuries. It covers medical expenses and even lost wages. If you are an employee looking to get compensation for work-related injuries, you might want to know the process. This guide discusses a typical compensation claim process for employees. Read on to learn more! How Does Workmans Comp Claim Process Work? Before getting into the workman's comp claim process steps, knowing how the process works is vital. If you get injured while working, you have limited time to report the incident and file a claim. Your workman's compensation claim will be allowed if you meet these requirements. This could see you incur all the medical expenses and other costs from your pocket. Employers are required to train an employee to report all work-related injuries on time to avoid setbacks. As an employer, you must ensure that your employees are well-informed about compensation and the need to do things on time. Besides, it is the employer's responsibility to submit a workers' compensation claim to the insurer. Before doing that, you must gather all the details about the injury. The workman's comp claim process starts when the employer gets to the insurer and presents an employee's claim. It is crucial to understand the subsequent steps, especially if you want to get compensated on time. Employees must present details about the incident and ensure everything checks out. Steps Involved In Workman's Comp Claim Process Knowing how the process works, it is time to understand the steps involved in the workman's comp claim process. These steps determine whether or not you get compensated for work-related injuries. The steps are as follows; 1. Reporting The Injury To The Employer The first step is the employee reporting a work-related injury to the employer. As mentioned earlier, employers must inform employees about the importance of reporting work-related injuries or illnesses. Employees must know that if they become injured or ill at work, the management must know immediately. An injured employee must typically provide a written notice about the injury. Most states have deadlines on when work-related injuries should be reported. In New York, for example, you must notify your employer within 30 days of the injury. In some states, employees have up to a year to report work-related injuries. 2. Getting The Necessary Paperwork From The Employer After you report a work-related injury, your employee will give you details about your rights and benefits as an injured worker. You will know about the business's workers' compensation insurance policy and the next steps you should take. Besides, the employer will tell you about the return-to-work policies after recovery. In most cases, the employer will issue you a workman's comp claim form to fill out and then return to them. The form aims to collect details about the incident, such as the nature of the injury and where and how it happened. In some cases, you may be issued with a first report of injury form that the employer submits to the state's workers' compensation board. 3. The Employer Reports The Injury And Files The Claim Form Once you have provided details in the worker's comp claim form, the employer will report and file it. Typically, the employer sends the claim form and all the necessary documents to the workman's comp insurance carrier. However, the employer's doctor sometimes provides a detailed medical report. The employer should report the incident to the worker's comp board or the state's division of workers' compensation. 4. The Insurer Approves or Denies the Claim Lastly, the insurer will approve or deny your workman's comp claim. If the claim is approved, the insurer will inform your employer to contact you with payment details. If the claim is denied, you will be asked to consider other options or reapply. Kickstart Your Workman’s Comp Claim Process No matter your work environment, there is always a risk of injuries. Therefore, businesses should get workman's compensation insurance that helps cover their employees. As an employee, if you are injured at work and are looking for compensation, the steps highlighted here will give you an idea of what to expect. Additional: Injured At Work? Claim Your Compensation! Staking Claim To Receive Suitable Compensation Pros & Cons Of Hiring A Worker’s Compensation Lawyer

Can an Employee Claim for a Personal Injury When Working From Home?

The modern digital workforce has changed the way employees work or rather from where. The recent COVID-19 Pandemic has shown that working from a remote location isn't a luxury anymore. However, even when employees are based in a home office, it doesn't mean that accidents can't happen. So what happens if your staff member is on the clock and gets injured while working? Company Legal Responsibility The question is if one of your workers gets injured during work hours, is your company liable? According to law experts at flcrimedefense.com, the short answer is yes. When working from home, employees are entitled to the same worker's comp benefits as their office-bound colleagues. As an employer, the fact that you have no control over your employee's remote workspace conditions is irrelevant. Any injuries must be reported to your insurer. A licensed adjuster will determine the coverage and benefit eligibility. As a business owner, you're responsible for providing a safe work environment. It's regardless if it's at your premises or a remote location. Criteria for Work-Related Claims Of course, no one expects you to take the employee's claims at face value. Some questions will help determine whether a home sustained injury was work-related. The three main things that workman's comp will want to know is: Were you as the employer benefiting from the employee's actions when they got hurt? Did the company require the individual to engage in the injury-causing activity? Did you give your permission for the off-site work in advance? If, for example, an employee is injured in the company's cafeteria while having lunch on-site, the workmen's compensation will cover those injuries because it benefits the employer. Having the individual on-site saves the organization time and keeps the person accessible should they be needed when on break. This analysis works the same for telecommuting employees. If a worker can reasonably explain how an injury is work-related, chances are they'll get the benefit of the doubt. Protecting Your Business You can protect your business by creating practices that may limit liability for home-based employees. Some recommended actions include: Creating a policy that outlines the company's expectations for remote staff. Develop a set of guidelines for a home office, which includes having a designated work area. Providing training related to setting up the correct safety measures with a focus on ergonomics. Establishing operational hours, meal times, and rest periods for remote workers. Having this in place will help determine whether a claimed injury occurred within the course of employment. Ensuring that you've got workers comp insurance that'll protect your business against lawsuits resulting from accidents. Final Thoughts Figuring out if an employee is entitled to compensation for an injury when working from home is difficult. As a business, you're responsible for providing your remote workers the same benefits as office-bound staff. If you want to establish if an injury was work-related, there are a series of questions that you can ask your employee. Ensure that you have the right policies and insurance coverage. It will protect your company from any lawsuits resulting from workplace accidents. Read More: Top 5 Colorado Springs Personal Injury Attorneys The Benefits of Hiring A Personal Injury Lawyer Reasons For Hiring a Long Island Personal Injury Attorney Reasons for hiring any Personal Injury Attorney is Important 5 Things To Look For In A Personal Injury Lawyer

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