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Don't Sign Any Releases Unless You Are Sure As to What You Are Signing 
Friday, July 10, 2009, 01:44 PM - Personal Injury
Posted by Administrator
You should never sign a release without having it reviewed by your attorney. Once you sign a release for your car accident case it is over. You can not open up again ever. If you are signing a release early on in your case that is for the damage to your car make sure it states for property damage only, but it is best to have your attorney look at it before you sign it. Let me give you an example of the devastating affect the signing of a release early on in your accident case can have.

Marie came in to my office several years ago. She had just been to an orthopedic surgeon who had told her that she was in need of back surgery. She was going to need to have a surgical fusion performed on two discs in her neck to relieve pain in that area and her shoulders that had become unbearable. After we discussed her medical condition and recommended procedures we had a discussion as to what had caused her pain. Marie told me that she had been in an auto accident a year and a half prior. She was rear ended while she was stopped at a traffic light. There was less than a thousand dollars of property damage to Marie's car. She did not feel any pain immediately following the accident. She woke up the next morning and her neck was a little stiff, but she didn't think much about it. She figured it was one of those things that would go away.

When the insurance company came out to take a look at the damage to Marie's car the adjuster took a look at the damage and gave her a check for $833.00 on the spot. The adjuster also asked Marie if she was hurt. She told him that her neck hurt a little but she thought it would go away. The insurance adjuster then offered Marie $1,000.00 for her pain and suffering. Marie needed the money and agreed. She signed some papers and got a check. Now she was in my office wanting to sue the driver that hit her and asking me what we could do about her neck surgery.

Unfortunately, there was nothing I could do for Marie. The papers she had signed were a release. It said for $1,000.00 she was releasing the driver and the insurance company from any responsibility for the accident. Once this was done Marie could never get another dime from them. Her case could not be opened up ever again. Marie did not get a fair and just settlement.

Copyright (c) 2009 Michael Schafer

By: Michael Schafer
Michael A. Schafer is an attorney who concentrates his law practice in personal injury litigation in Louisville, Kentucky. He is the author of "7 Potholes That Can Wreck Your Kentucky Accident Case and "What You Don't Know About Buying Car Insurance Can Hurt You".
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Personal Injury Attorneys and the Types of Cases They Handle 
Tuesday, October 14, 2008, 03:40 AM - Personal Injury
Posted by Administrator
A personal injury attorney can handle many different types of cases where someone has been injured or even killed. Some of them work with several different kinds of injuries while others focus on a specific injury. To find a lawyer that best meets your needs and will be able to handle your case, look for a lawyer knowledgeable about your particular area of tort law. Here are just four types of legal experts you may need:

Product Liability Lawyer
Laws, rules, and regulations are set in place to ensure that all products are safe for the consumer or labeled in such a way that the customer is aware of a product's dangers. If a company fails to take the necessary steps to ensure this and someone gets hurt, a personal injury attorney concentrating on product liability will have the expertise to lead you in righting this wrong. This may include damages, but it may also involve corporate repercussions such as product recalls or fines.

Brain Injury Legal Expert
A legal expert in brain injuries is knowledgeable in the area of head trauma as well as its causes and results. These experts will better understand the needs of the victim as well as the circumstances surrounding the case. This type of lawyer likely has a team of experts he or she is familiar with to help a judge or jury understand the circumstances surrounding the injury so that you have the best representation possible.

Mesothelioma Lawyer
Regardless of how little asbestos you are exposed to or whether it was caused by accident or through negligence, mesothelioma cancer is devastating and often fatal. This disease can take between 15-40 years to appear. These types of cases can often be difficult to deal with. What is worse is that it was not banned until the late 1980s and these cases will continue to crop up until well after 2030. Depending on the circumstances of your exposure, it may also involve class action suits and will require a series of experts in order to prove your case.

Accident Attorney
If you are hurt in a commercial or personal auto accident, an accident attorney will be needed. He or she will be able to let you know what your options are and what you have in terms of rights. This type of personal injury attorney is used to working with insurance companies and other organizations you will be contacting. They understand how car and truck accidents work and will be able to help you through courts if you need to take things that far.

A focused legal expert will understand what kinds of professionals he or she will need to call in to get you the results you deserve. This may include financial compensation to offset the costs incurred by the injury, but it also may cause laws, regulations, and other changes that will prevent others from suffering the same fate. Even if your case doesn't go to court, a personal injury attorney will be able to tell you about your options and help you to decide which steps are best to take next.

By: Christine Harrell
Author is a freelance copywriter. For more information on a personal injury attorney in GA, visit http://www.MarkThomasLaw.com
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Accident Lawyers Play A Pivotal Roll In Our Legal System. 
Friday, June 15, 2007, 11:14 PM - Personal Injury
We have all seen the commercials on television. The attorney appears on the screen and asks if you have been injured in a car accident, or a slip-and-fall accident, or in countless other scenarios where your injury could be worthy of financial compensation. To many, this tactic appears uncouth, and its widespread use is one of the reasons that accident lawyers often suffer from an unsavory reputation. However, if you are among the unfortunate individuals who have been injured due to the negligence of another party, accident lawyers can be your only ally when seeking compensation for your damages or injuries.

Accident lawyers – also known as personal injury attorneys, plaintiff lawyers, and trial lawyers – provide legal representation to parties who have been – or claim to have been – physically or psychologically injured due to the negligence or wrongdoing of another party. Accident lawyers specialize in tort law, which is a form of civil law that deals with relationships between individuals and/or organizations. In contrast, criminal law involves individuals and/or organizations and the State. When one party has injured another party, accident lawyers are there to help the injured party receive appropriate compensation for their ordeal.

When accident lawyers are hired to represent their clients they assume several responsibilities on their behalf. While adhering to a strict code of ethics, accident lawyers must carefully examine the potential case and weigh its merits before filing a lawsuit. If the case has merit, then the accident lawyers will file complaints, make arguments in court, draft legal paperwork, and research their client’s case so that they can best represent their interests.

Accident lawyers are compensated in several different ways, although a contingency fee is the most common. A contingency fee is an agreement where the client has no financial obligation to the attorney until the case is successfully resolved. Upon settlement, the attorney will then keep a portion of the money as compensation. Other less common forms of compensation for accident lawyers are flat fees – a set amount regardless of the outcome, retainers – money paid before representation takes place, and hourly rates – where the client is billed for each hour that is dedicated to their case.

In today’s society, accident lawyers are an oft maligned group. They are blamed for frivolous lawsuits and escalating health care costs, among other things. While those charges have merit in some instances, one should not conclude that accident lawyers are not an important component of our legal system. Accident lawyers are the individual’s last line of defense from further damage as a result of an accident or negligence. Sadly, we need accident lawyers after we have already been wronged, but with their competent representation we can not only receive just compensation, but the damages collected from negligent parties act as a deterrent from continuing to act in an irresponsible way in the future. In short; accident lawyers help prevent accidents as well.

By: Michelle Bery
For easy to understand, in depth information about accident lawyers visit our ezGuide 2 Lawyer.

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Maritime and Jones Act- If You've Been Injured - the Five Things You Must Know to Protect Your Rights 
Sunday, April 15, 2007, 09:21 PM - Personal Injury
The three Maritime Laws that protect employees are "The Jones Act," the "Death on the High Seas Act," and the "Longshoreman and Harbor Worker's Compensation Act.

The Maritime Jones Act was created to protect sailors, seamen (or women) or employees of an American ship or other vessel - such as an oil rig - who are injured at sea or while performing their duties.

The "Death on the High Seas Act" provides recourse for people who lost a family member on the seas, and the law includes anyone who was killed in a plane crash in open waters.

The Longshoreman and Harbor Workers Compensation Act is similar to the Maritime and Jones Act, but it also includes workers who are "land based" support personnel who are injured on the job.

Under the Jones Act, you have the right to be treated fairly, receive independent medical care and advice, be given enough time to fully recover from your injuries before going back to work, and receive appropriate payments during the time you're recovering to help you pay your bills.

If you have been injured and you believe that you fall under the protection of the Maritime Jones Act, the first thing you should do is to seek the advice of an experienced "Maritime Attorney." Get his or her advice before signing anything, making a statement or talking to your employer's insurance company representatives. Most employers are honest and trustworthy, and their main concern is to see that you are all right, however, there are a few things that you should be aware of, to protect yourself until you find an experienced maritime act attorney:

1. Reporting the Injury: As soon as you've been injured, you need to report it to your supervisors. Do NOT give a recorded statement until you've talked to your Maritime Act attorney, and he or she is present. If your employer, his attorney or insurance representative asks you to give a recorded statement, simply tell them you'll be happy to do so, once your attorney is present. Anything you say now could hurt you later on - especially if the person asking you questions is doing it in such a way that will protect your employer, not you.

2. Signing anything to get medical benefits or maintenance payments: Other than signing a release at the hospital or doctor's office - that says you agree to allow them to take the steps they deem necessary to provide you with proper medical care, you are NOT required to sign any statements prepared by your employer or his representatives. Before signing anything else, talk to your own maritime act attorney to make sure that under all the "legal-eese" you're not signing away any of your rights under the Jones Act.

3. Getting medical care: You are NOT required to only see or be under the care of "company" doctors. You have the right - and always should - pick doctors that you are comfortable with, who are competent to treat your injuries and that you're comfortable with. Sadly, many "company affiliated" medical providers are under pressure to force you into going back to work before you're ready, and there have been cases where necessary tests are not done (to avoid revealing the true extent of injuries), or where the providers' statements and observations are written in such a way to support the employer's case, not you and your injuries.

4. Receiving Medical Benefits and Maintenance Payments: Called "maintenance and cure" you are entitled to receive medical care and appropriate support payments to help you cover your living expenses until you are fully recovered for your injuries. The only exception to this is if you were injured while you were "off the job" or if you intentionally injured yourself. However, if you are told by your employer or his or her advisors that they are refusing to provide you with the benefits you're entitled to because they have determined that you are at fault, or that your employer is not at fault, you are strongly advised to talk to an experienced "maritime act attorney" and get legal advice as soon as possible.

5. Receiving further damages for pain and suffering: Under the law, you are entitled to receive medical benefits and maintenance support as previously mentioned. However, depending on the extent of your injuries and if it is proven that your employer was negligent or the vessel you were working was unseaworthy, then you may be entitled to receive further medical care beyond maximum medical "improvement", a settlement to recover your lost wages - and even against future wages - and "pain and suffering and mental anguish" damages. Again, this is why you need to consult with an experienced "maritime act attorney" who can give you competent legal advice about your rights.

In conclusion: If you are a sailor, a seaman or an employee who is injured on the job, you have the right to receive medical care, maintenance payments to help you pay your bills, and time to recover from your injuries. Don't let anyone try to tell you otherwise. Never sign any legal documents given to you by a representative of your employer until you've had your own attorney go over them first.

It's in your best interests to find an attorney who is experienced with maritime law and who you feel is competent and will have your best interests at heart. Most attorneys will give you a free consultation with no strings attached, so use that first interview to ask questions about his or her background, experience and working procedures. Make sure that you receive all the help and protection that you're allowed under the Maritime and Jones Act laws.

By: Cheryl Antier
Protect Yourself and Your Future. Click Here to Learn More about Your Rights Under the Maritime and Jones Act.

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