If you’ve just been in an accident, or been injured by someone, you might be wondering whether or not you should hire a lawyer.  If your injuries are very minor, such as a bruise or a little embarrassment, you might not need a lawyer, but it doesn’t hurt to contact one just in case you have a bigger legal claim than you think! 

If you’ve suffered moderate to severe injuries, you should definitely consult an attorney for assistance.  Did you know that in most cases a good attorney can help you get compensation for your injuries without even having to go to court? Most personal injury lawsuits are based on good fact-finding and steadfast negotiation more so than on black-and-white laws. Attorneys know these rules and the tricks other lawyers use to try to get around them.  For instance, do you know which questions the other side can, and can’t, ask you?  Probably not…  But lawyers are trained on these matters and can raise appropriate objections when necessary to prevent you from having to respond when you don’t need to.  While this sounds simple enough, many a case has been won or lost on simple facts.  

Also, when it comes to negotiating a settlement on your own, you will almost always fare worse than if you had a lawyer’s help.  Experienced attorneys know the average settlement range for similar injuries in the courts in your area.  Also, they know how the laws would be treated in your particular case and how such circumstances would either entitle you to more or less than the average award. 

Finally – let the pros handle the process.  Lawyers know the legal process like the backs of their hands.  Usually, you don’t.   So going it alone would be like going from your neighborhood kickboxing class to the boxing championships…    While there certainly isn’t anything wrong with being an amateur, when your legal rights are at stake your odds of prevailing are best protected if you go heavyweight-t0-heavyweight. 

At the end of the day, talk to an attorney in the beginning to figure out how best to protect your legal rights. So schedule an initial consultation – most times they’re free. 

Learn more about accidents and injuries in LawInfo’s Free Legal Resource Center.

If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

Just about every injured person is very concerned about the potential damages that could be won in a lawsuit.  The question is even more difficult when contemplating taking an out-of-court settlement or taking the case all the way to trial.  Attorneys are skilled at advising clients about the possible outcomes and perhaps even estimating a damages award.  However, no attorney has a crystal ball and taking a case to trial can certainly be less than predictable.  Lucky for us the U.S. Department of Justice, Bureau of Justice Statistics (BJS), conducted a study of over 27,000 lawsuits in 2005 to determine the trends in civil court lawsuits and awards.

The BJS study is the first nationally representative report about general civil lawsuits before a judge or a jury in state courts.  The report discusses the types of civil cases that usually end up going to trial, the differences between cases tried before judges or juries, the trending in plaintiffs’ win rates, and the median amount of damages awarded.  “Median” is the middle value in the total number of items analyzed.  Thus, half of the lawsuits returned higher awards than the median and half of the lawsuits returned lower awards than the median.  At any rate, it is a useful resource showing the trends in lawsuit verdicts and awards. 

The report shows that plaintiffs won more than 50% of the time in state court civil trials and took home a median damages award $28,000. Less than 5% of all plaintiff winners won an award of $1,000,000 or more.  The median damages award in federal court was reported at over $200,000.  The cases with the highest estimated median damage awards included medical malpractice ($600,000) and product liability ($350,000) cases. Product liability cases and medical malpractice cases have seen the highest increases in jury awards.  The findings were recently published in a BJS press release.  A summary of the findings can be found here.

If you’ve been injured in an automobile accident or by a defective product, if you think you might be the victim of medical malpractice, if you have a real property dispute, or if you have another litigation matter, contact an attorney in your area for more information about your legal options.  The amount of damages you could recover will depend greatly on the specifics of your case.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

So you have been injured and are looking to pursue legal action. Hiring the right personal injury attorney for the job is critical and can literally make or break your case. When meeting with an attorney for the first time, there are a lot of questions that need to be asked to decipher if an attorney is a viable fit for your case, and for you personally.

The following are the top ten questions that should be discussed in your first meeting with a personal injury lawyer:

1. How many years have you practiced law, specifically personal injury?

Your prospective personal injury attorney should not be a newbie, but a trained, seasoned professional. Younger attorneys, although they may be used to perform some of the work on your case, should not be given full case-management authority until they have a little more experience under their belt.

2. Have you taken cases like mine to trial or settlement, and if so, how many?

An experienced personal injury attorney will have taken several cases like yours to trial and/or settlement. This answer is an indicator of the prospective attorney’s skill and success rate.

3. How much of your practice focuses on personal injury cases like mine?

A personal injury attorney should focus at least 75% of his or her time on the subject matter involved in your case.

4. Will you use other attorneys or paralegals on my case?

Other attorneys and paralegals are often used to perform important tasks, but should play a limited role. It is important that you ask to meet them and use your own personal judgment to evaluate them. Even though the subject matter and law governing your case might be unfamiliar to you, you should not discount your ability to size-up potential legal staff.

5. What is your policy regarding returning my phone calls?

The most frequent complaint of clients is unreturned phone calls. Your attorney should have a 24-hour turnaround on client phone calls, taking into consideration unforeseeable circumstances. It’s a good idea to have this policy written into your retainer agreement with your attorney to ensure compliance.

6. Will you explain to me all of the court procedures, legal concepts, fee arrangements, billing practices, retainer agreements, and payments of costs?

These questions are often time-consuming, but very important. Your attorney should explain to you, in detail, all of the above matters thoroughly.

7. What is your method or strategy for handling cases like mine?

An experienced personal injury attorney should have a streamlined process for “working-up” cases like yours. The level of detail contained in the attorney’s process will demonstrate his or her organization skills and familiarity with the subject matter and law of your case.

8. What is the likelihood of a quick settlement or trial?

Taken from legal horror stories of the past, beware of the attorney who promises a quick settlement or trial! However, your attorney should be able to provide a well-reasoned estimate of the time necessary to reach disposition of your case.

9. Do I even have a case? And if so, what do you think my chances are for receiving a settlement?

An experienced attorney should be able to inform you if your case is worth pursuing and/or if there exists a possibility of recovery. Sometimes people are hurt, injured, or suffer injustice and there is no legal remedy. A good attorney will provide you with his or her strategy for your case, explaining the steps they will take and the likelihood of your success at trial or settlement.

10. Do you have a policy of professional liability insurance?

Like doctors, all attorneys, personal injury or otherwise, should maintain a malpractice insurance policy in the event that mistakes occur on your case.

For more information about personal injury attorneys, or to discuss your personal injury case, click here.

Frontier Airlines last week filed for Chapter 11 bankruptcy .  The reason was because the company that processes Frontier’s customer’s credit card transactions, First Data, raised the amount of ticket-purchase proceeds that it temporarily withholds from the company. First Data was withholding up to 45% of the transaction until the passenger’s flight took off, now, First Data wants to withhold up to 100%.  This sudden change evidently so severely impinges Frontier’s ability to make money that the company had to file for bankruptcy protection.

When a company files for bankruptcy an automatic hold is placed on any actions by creditors to collect on debts owed by the person who filed.  In Frontier’s case this includes First Data’s attempt to withhold a higher percentage of credit card transactions.  First Data has said their action to implement the higher withholding is included in the contract and that their contract with Frontier is standard across the airline industry.

If the passenger ends up flying Frontier will get its money.  So, you may ask, what is the problem with when Frontier gets its money?  The problem arises because of what Frontier can do with the money.  If First Data withholds 100%, Frontier cannot do anything with the money.

If a customer in April buys a ticket for a flight in June Frontier immediately receives 55% of the ticket price, under the new terms Frontier will not see a penny until June.  Simple math shows that First Data holds onto a sizeable amount of money from Frontier customers over a short period of time, and wants to increase that amount.  Because First Data has possession of the money they also have the ability to invest it, and earn a profit on it, before turning it over to Frontier.  Even if First Data only puts the money into a savings account, how much interest do you think a few million dollars will make over one or two weeks?  Frontier can do the same thing, unless First Data withholds it all.

As we have seen with the housing bust, poor judgment is not confined to airlines.  Many home buyers bought homes they could not afford or entered into loan agreements they did not understand.  Many of these homeowners are now in Bankruptcy court and Congress is now working on a plan to allow Bankruptcy judges the power to rewrite some mortgages, thus allowing homeowners to escape from mortgages they should not have signed in the first place.

As we have seen over the past decade the airline industry is a mess and many airlines are failing.  Frontier is not the first one to file bankruptcy; they join three other airlines who filed for bankruptcy this month.  Families being summarily kicked out of their homes made enough bad PR images that Congress took the drastic step of allowing judges to rewrite mortgage contracts.  If the airlines lobby enough maybe Congress will grant judges the same ability to rewrite the airlines’ bad labor, fuel and credit processing contracts.

Buying a plane ticket is not like purchasing a coat off of the rack at your local department store.  The coat is there for you to immediately put on.  An airplane flight is a future occurrence, which may or may not happen.  Because of that uncertainty, whether you realize it or not, airlines do not guarantee their schedules.  Because flights are not guaranteed passengers whose flights are canceled are not automatically offered a refund.

An airline is only required to immediately refund a passenger who is bumped from a flight because of overbooking or who requests a refund if the only available option is a flight on another day, or a flight that has an unanticipated layover.  Other than those events the only policy an airline must follow is its own refund policy if you are offered a spot on a flight that leaves that day, whether you want to take it or not.
 
Over this past week passengers on American Airlines have suffered through numerous canceled flights.  American has responded by offering refunds through its website and reimbursing passengers who had to book overnight hotel rooms.  The lost revenue and payments to stranded travelers is costing the airline “tens of millions of dollars” according to its CEO, Gerard Arpey.

If a passenger has to be somewhere, does reimbursing them for the cost of the ticket make up for canceling a flight because of lax or an intentional oversight?  The American planes were canceled because wiring on the plane’s wings failed an FAA spot check.  American, and every other airline, knew about the rule yet allowed its planes, either intentionally or negligently, to fall below the standard.  This is not about a crack that suddenly develops or a mechanical problem that no one knew of before.

Like the hundreds of passengers left stranded on airplanes stuck on runways because of bad weather, American’s passengers are at the mercy of the airline.  Airlines are heavily regulated, but mainly in the area of safety and the routes the planes fly.  Passengers have very little rights in the terminal and once on board all decisions about what to do reside with the Captain.

The growing frustration of airline customers probably has more to do with a lack of information and empowerment than actual frustration with why their plane is on the ground rather than in the sky.  The laws should be changed to force the airlines to disclose more information to their customers, allow customers more freedom to make changes to their flights and setup a system to punish airlines that make foolish decisions that cause a plane to turn into a prison on an icy runway.

“Our firm is one of a few well established practitioners in the field of aviation law, having represented victims of aviation accidents for over forty years. Our attorneys deal directly with our clients, not through paralegals and assistants. We provide caring, compassionate, personal attention to our clients, many of whom have suffered through great personal tragedy.”

-Krutch Lindell

Washington aviation lawyers, Krutch Lindell serves Seattle, Bellevue, Everett, Tacoma, Olympia, Bainbridge Island, and throughout the State of Washington. For more information call 866-435-1794 or visit the website.

Significant Aviation Accident Cases

The Firm has been involved in the representation of personal injury victims and the survivors of those killed in more than 25 major air disasters and in more than 175 general aviation and military aircraft crashes, including:

• Aeroferinco, LET 410 UVP-E (crash), Chichen Itza, Mexico
• Birgenair, Boeing 757 (crash) – Puerto Plata, Dominican Republic
• American Airlines, Flight 102, DC-10 (runway crash) – Honolulu to Dallas
• Alaska Airlines, Flight 261, MD-83 (crash) – near Ventura, California
• El Al Airlines, Boeing 747-200 (crash) – Amsterdam, The Netherlands
• Pan American Airlines/KLM Airlines, Boeing 747 – Canary Islands
• Icelandic Airlines, DC-8 (hard landing)
• Lufthansa Airlines, Boeing 747 (crash) – Nairobi
• Pan American Airlines, DC-8 (crash) – Pago Pago
• United Airlines, Boeing 747 (door loss) – Hawaii to New Zealand
• Lauda Airlines, Boeing 767 – 300 (crash) – Thailand
• Alaska Airlines, Boeing 727 (crash) – Juneau, Alaska
• United Airlines, Boeing 737-200 (crash) – Chicago
• Hughes Airlines, DC-9 (crash) – Wemme, Oregon
• Mexicana Airlines, Boeing 727 (in-flight fire and crash) – Mexico
• Eastern Airlines, DC-9 (crash) – Denver, Colorado
• Alaska Airlines, MD-82 (runway crash) – PV Mexico to Sea-Tac (1997)
• Air Portugal, Boeing 727 (runway crash) – Portugal
• American Airlines, Lockheed Electra (prop accident) – Washington
• Capital International Airlines, DC-8 (crash) – Newfoundland
• Alaska Airlines, Boeing 727 (decompression) – Los Angeles to Portland
• Japan Airlines, Boeing 747 (crash) – Tokyo to Osaka
• USAF C5A (military air crash) – Saigon
• Turkish Airlines, DC-10 (crash) – Paris, France

More than half of the cases handled by Krutch Lindell involve the victims of aviation accidents, but they also have impressive credentials in the prosecution of cases involving:

• Wrongful Death
• Motor vehicle Accidents
• Traumatic Brain Injury

For more information call Washington aviation lawyers, Krutch Lindell today at 866-435-1794 or visit the website.

]]> http://blog.lawinfo.com/2007/05/17/washington-aviation-lawyers-krutch-lindell-has-established-its-well-deserved-reputation/feed/ 0 http://blog.lawinfo.com/2007/03/23/san-diego-car-accident-attorneys-brown-simowitz-devotes-their-full-attention-to-your-case/ http://blog.lawinfo.com/2007/03/23/san-diego-car-accident-attorneys-brown-simowitz-devotes-their-full-attention-to-your-case/#comments Fri, 23 Mar 2007 16:27:06 +0000 Director Of Internet Marketing http://blog.lawinfo.com/2007/03/23/san-diego-car-accident-attorneys-brown-simowitz-devotes-their-full-attention-to-your-case/ Dedicated to serious personal injury claims and represent clients throughout California including San Diego, La Jolla, Del Mar, Carlsbad, Encinitas, El Cajon, La Mesa, Chula Vista, Bonita, National City, Solana Beach, Dana Point, Newport, Orange County, Santa Ana, Bonsall and Palm Springs

Call Today 888-667-4465

San Diego car accident attorneys – Brown & Simowitz have handled many significant cases and consistently strive to fight injustice and expand the rights of serious injury victims. They believe that hard work, compassion, attention to detail and developing relationships with their clients are the foundation to every successful settlement or verdict they achieve, and this theory can best be realized by their litigation results:

• $6,750,000.00 TRIAL VERDICT:
  OBAZEE V THE REGENTS OF THE UNVERSITY OF CALIFORNIA:Medical Malpractice- Anesthesia overdose resulting in permanent brain damage to
  minor child.

• $3,750.00.00 COURT APPROVED/ ORDERED RESOLUTION:
  STONE V AGUILAR: Trucking accident causing paralysis. Brown & Simowitz, Attorneys at Law, prevailed on theory of non-delegable duty to establish liability against non-present parties, including the state of California.

• $2,750,000.00 CONFIDENTIAL BENCH TRIAL VERDICT:
  DOE V DOE: Auto accident resulting in permanent brain injury.

• $1,070,000.00 TRIAL VERDICT:
  KISH V KISH: real estate fraud resulting from trustee breach of fiduciary duties.

• $225,000.00 SETTLEMENT:
  GEISLER V HERTZ CORPORATION: Auto Accident: Lumbar Surgery.

• $100,000 VERDICT:
  AUTO V AUTO Minimal property damage, $9,000 in medical bills
  with pre – existing injuries.

• $89,200. 99 VERDICT:
  RUSS V LARSEN Auto vs Pedestrian $6,000.00 medical bills

• $100,000 VERDICT:
  Auto vs Auto Minimal property damage, $9,000 in medical bills with pre-existing injuries.

“All serious injury cases are handled exclusively by the two attorneys of our Firm. We handle a limited amount of select cases so we can devote our full attention to each case. We enjoy developing relationships with our clients and intend on being your ‘Attorneys for life.‘”

- San Diego car accident attorneys – Brown & Simowitz

San Diego car accident attorneys, Brown & Simowitz are dedicated to the following personal injury cases:

• Wrongful Death
• Vehicle Accidents
  • Automobile Accidents
  • Motorcycle Accidents
  • Semi Tractor Trailer/18 Wheeler Accidents
  • Truck Accidents
  • Drunk Driving Accidents
  • Hit & Run Accidents
• Medical Malpractice
• Nursing Home Abuse and Neglect
• Dog Bites
• Slip and Fall/Premise Liability
• Birth Injuries
• Defective Products
• Defamation (Libel & Slander)

Please contact the San Diego car accident attorneys of Brown & Simowitz today, for your free initial consultation at (888) 667-4465

]]> http://blog.lawinfo.com/2007/03/23/san-diego-car-accident-attorneys-brown-simowitz-devotes-their-full-attention-to-your-case/feed/ 0 http://blog.lawinfo.com/2007/03/07/ohio-injury-attorney-william-posey-makes-your-personal-injury-case-his-priority/ http://blog.lawinfo.com/2007/03/07/ohio-injury-attorney-william-posey-makes-your-personal-injury-case-his-priority/#comments Wed, 07 Mar 2007 17:39:51 +0000 Director Of Internet Marketing http://blog.lawinfo.com/2007/03/07/ohio-injury-attorney-william-posey-makes-your-personal-injury-case-his-priority/

Ohio Injury Attorney William Posey
It’s not what we do at Keating Muething & Klekamp that makes us unique,
it’s how we do it.
Make an appointment today. Call 888-886-0798
For more information, visit: our website

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William Posey is committed to helping people obtain compensation from insurance companies and giant corporations. When he accepts your personal injury case, there is no fee unless he is successful for you. As a skilled Ohio injury attorney, he understands the hardship an injury can cause and knows he has an important role in making life easier in difficult times. Mr. Posey is available to meet with clients at their homes if more convenient for the injured party.

Mr. Posey’s practice involves all aspects of litigation with particular emphasis in representing both plaintiffs and defendants in personal injury and product liability litigation; insurance coverage, complex and multi-district litigation; and, being a pilot, aviation law, including aircraft accident litigation and representation of clients before the Federal Aviation Administration and National Transportation Safety Board.

Mr. Posey’s practice involves all aspects of litigation with particular emphasis in representing both plaintiffs and defendants in personal injury and product liability litigation; insurance coverage, complex and multi-district litigation; and, being a pilot, aviation law, including aircraft accident litigation and representation of clients before the Federal Aviation Administration and National Transportation Safety Board

His colleagues and he are proud to make these commitments to clients:

• A sense of urgency: We recognize that we are in a service business and that our clients expect and deserve timeliness and responsiveness. We have adopted a sense of urgency in addressing client matters which is imbedded into the Firm’s culture.
• We represent clients in a skillful and honest manner, taking ownership of every action in our dealings with clients and others with unyielding integrity.
• Strong work ethic: We stay ahead of the curve. We are energized to know where the economy is headed and the latest developments within the legal profession. To us, providing the best service means being confident about what we do and accurately delivering timely service with the client’s goals in mind.

Ohio injury attorney, William Posey concentrates on the following areas of personal injury law:

PRACTICE AREAS

• Mass Tort
• Products Liability
• Insurance Coverage
• Aviation Litigation
• Personal Injury/Wrongful Death
• Arbitration and Mediation
• False Claims Act and Qui Tam Litigation

KMK Background
Founded in 1954, Keating Muething & Klekamp is a full-service Cincinnati law firm that represents clients of all sizes, from small start-up companies to Fortune 500 corporations. Our mission is to provide high quality legal counsel to clients by developing appropriate solutions to meet their specific needs. Our vision is to excel as a law firm by recruiting and retaining quality attorneys and personnel with diverse social, ethnic and political backgrounds.

If you or someone you know anywhere in Ohio or Kentucky needs the assistance of an experienced Ohio injury attorney, call William A. Posey today at 888-886-0798

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