Accidents happen.  Sometimes an accident could have been prevented – and was caused by the carelessness of another.  When an accident is caused by someone else’s negligence, then the negligent party (the one who didn’t act carefully enough) can be held responsible when a person is injured as a result.    However, sometimes an accident is truly just an accident – it wasn’t reasonably preventable, everyone involved behaved pretty responsibly, etc.  While it might not seem like anyone could be held responsible for an accident that’s “just an accident,” you’d be surprised at how much liability could actually be involved…  Sometimes the owner of property is legally responsible for an accident that occured on his or her property simply because a dangerous condition existed.  Sometimes a product manufacturer is legally responsible for defects in a product that caused harm to someone simply because the product is considered dangerous.  There are many different ways a person may be held responsible for another’s injuries. 

Take a look at LawInfo’s Free Legal Resource Center for more information – we’ve recently updated our section devoted to the issue of “fault” when a person is injured.  Specifically, we’ve added a new video on the topic to help explain this sometimes complicated matter.  To learn more and watch the videos, click the following:

I was injured in an accident… now what?

Who is responsible when a person is injured?

What does the term “liable” mean?

What does the term “reasonable person” mean?

What is negligence?

What is strict liability?

How do you know if you have a personal injury claim?

What financial compensation can I get in a personal injury claim?

Hiring the right personal injury attorney

Wildfires again in the news…    Reminds me of a recent fire scare at a local business here in San Diego.  The company conducted evacuation procedures in accordance with its policies to protect employees from possible injury from a fire hazard.  With the recent fires in the news, I can’t help but wonder how many employers actually understand their legal obligations when it comes to fire safety. 

Under the law, employers are responsible for providing a safe and healthful workplace for their employees – one that is free from hazards likely to cause death or serious physical harm.  With regard to fire safety, OSHA regulations require employers to comply with hazard-specific safety and health standards as issued and enforced either by the Occupational Safety and Health Administration (OSHA) or by an OSHA-approved State Plan. Employers can be cited for violating these laws and regulations if there is a recognized hazard, and they do not take reasonable steps to prevent or abate the hazard.

The problem, though, is that many employers don’t know how to comply with OSHA regulations… or, worse, don’t even know there are rules they’re required to follow!  That’s where I can hopefully help!  OSHA publishes various manuals to help businesses understand their obligations with regard to workplace safety.  While not the official rules, the guides can help businesses in their compliance efforts.  I’ve provided OSHA’s manual regarding Fire Safety below for your reference.  It provides a general overview of OSHA’s fire safety standards and fire emergency protection guidelines.

This comprehensive overview manual from OSHA explains how fire service operations can be influenced by different building features and offers considerations for design professionals that can help facilitate these operations. The manual includes chapters and narratives on building and site design, sprinkler systems, standpipe systems, fire department connections, fire alarm and communications systems, as well as various firefighting systems.   To access the manual, click here.

Learn more about OSHA regulations in LawInfo’s Free Legal Resource Center.  For more information conact an OSHA attorney or a general employment attorney by visiting LawInfo’s attorney directory.

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.

The holidays are rapidly approaching, and while the economy remains troubled, families across the country are starting to make plans for family vacations. Whether Caribbean, Hawaiian, South American, or even fun-filled Disney cruises, winter cruises can make great cold-weather getaways for families, as they provide a convenient way to gather several family members or friends together in one spot for Christmas, Hanukkah or New Year’s Eve.

Spending a holiday at sea can be a memorable experience, but unfortunately accidents can happen aboard ship that can turn happy holiday memories into painful reminders of a vacation gone wrong. Cruise ship accidents can include food poisoning, assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries.

Cruise ship lines have a responsibility to make sure there are no hazardous conditions on board that can cause injury to its passengers. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence. Victims of cruise ship accidents may be entitled to damages for pain and suffering, medical bills and lost wages.

For more information on cruise ship liability, or other admiralty and maritime laws, contact an experienced personal injury lawyer in your area today. And if you are planning to take a family cruise this holiday season, get out there and have fun! Just remember that if you or a loved one does incur injuries due to shipboard negligence, you do have legal rights upon the sea.

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.

America’s most famous plumber Joe Wurzelbacher, who gained infamy during the final presidential debates as an American business-owner hopeful who was concerned about tax increases, said Thursday, October 16th that he doesn’t have a plumber’s license and doesn’t need one. Yikes. You might have gained some instant fame with your economic concerns, Joe. But you may have just killed your business.

Joe claims that he works for a small plumbing company that does residential work, and because he works for someone else, he doesn’t need a license. This is not true. Lucas County in Toledo, Ohio, the county Wurzelbacher and his employer live in, requires plumbers to have licenses. Neither Wurzelbacher nor his employer are licensed there, said Cheryl Schimming of Lucas County Building Regulations, which handles plumber licenses in parts of the county outside Toledo.

Further, an official at Local 50 of the plumber’s union based in Toledo, reports Joe has never served an apprenticeship, does not belong to that union, and has never belonged to local 189 in Columbus, which is what Joe claims on his Facebook page. Although Ohio does not have a formal statewide licensing system for plumbers, the city of Toledo and other municipalities do.

It is important to note that in states that require licensing, hiring an unlicensed contractor is illegal, and if you knowingly hire an unlicensed contractor, you could be arrested. Also, if an unlicensed contractor gets hurt on your property he or she could sue you, and win, as unlicensed contractors are unlikely to carry proper insurance.

Further, if an unlicensed contractor does shoddy work for you, you have little to no recourse, because there is no license that the state can yank to threaten his or her livelihood. And if you complain, he or she can just change the name they do business under.

With all of these adverse possibilities, it is critical to make sure that the contractor you hire, whether it be for plumbing, HVAC, electrical, flooring, etc., is licensed by your state (out-of-state doesn’t count) and that the license is in fact theirs, not their employers. To research this information, visit your state’s licensing board or contact an attorney in your area today.

And Joe, two words of advice to keep your business: get licensed.

If you’ve been injured, you’re probably wondering how much it would cost to hire a lawyer.  Some of us don’t even try to hire a lawyer because we’re sure we’d never be able to afford one.  This kind of thinking is especially common when an injured person has already lost money as a result of being injured – via lost time from work as well as upfront medical bills. 

However, don’t be so sure you can’t afford legal help when you need it.  In fact, pretty much anyone can afford to hire a lawyer when they’ve been injured.   Most personal injury lawyers work on a “contingency fee basis.”  With contingency fee arrangements, the lawyer will not charge legal fees upfront, but will take a percentage of whatever settlement or award is obtained for the client, which can range anywhere from 25% to 40% (or more) of the recovery, depending on the type of case, whether it goes to trial, and other factors.  If no recovery is obtained, then the attorney doesn’t get a fee. (Although, keep in mind costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out.)

If you’ve suffered an injury and think you might have a case, don’t wait any longer – contact a personal injury attorney and ask whether he or she takes contingency fee cases.