Columbia Missouri Personal Injury Attorney
Indianapolis Personal Injury Lawyer
Archive for April, 2010
Friday, April 30th, 2010
If you watch Thursday night TV, then you might have seen Dr. McDreamy fix countless traumatic brain surgeries over the years. Unfortunately, when we see this beloved brain surgeon fix complex issues on tv, we don’t see the aftermaths. Yes, lives are saved. However, there is often a long road ahead for the family and injured victim. Much will change in the future as a result of the injury. And adjusting to these changes will be difficult.
Lots Of Brain Injuries
According to statistic, every year, over 1 million people suffer from brain injuries. They experience head problems due to accidents. These accidents cause the brain to bruise, bleed, tear, and swell. And, sadly, approximately 5 to 10 percent of these individuals will experience prolonged problems that will affect their lives. This means they might not be able to function as they normally used to. Therefore, suffering from a brain injury is traumatic not only initially, but also long term.
Personal Injury Cases
Most individuals that suffer from traumatic brain injuries will need to file personal injury cases to recoup the damages lost from their injuries. Hopefully, once a settlement is reached, you will be able to determine an amount that will pay for the future costs associated with your injury.
Attorneys Can Be Helpful
Given the severity of your injury, an attorney might be extremely useful to you. You will probably be focusing your time and attention on healing from your injury. Fighting your case will probably be something that falls short on your list of things to do. With the help of an attorney, you can get your case started and settled in no time. This means that you will have money to pay for medical fees and hopefully help you to live comfortably as you deal with your injury.
Thursday, April 29th, 2010
We live in a world that is dominated by products. Companies are constantly looking to create the next biggest product in hopes of making lots of profit. However, sometimes, their products do not function like they would have hoped. In fact, sometimes, their products actually put customers at risk. What happens when you come in contact with a defective product? Product liability laws govern the various liabilities of manufacturers, wholesalers, distributors, and vendors for damages they cause because of dangerous, unsafe, and defective products.
When lawyers are implementing product liability, they are usually working with retail items. However, this law can usually extend to anything that can be sold. The goal of these laws is to help protect consumers from dangerous products. The companies are held responsible for their acts.
Types Of Claims
In terms of product liability, there are several different types of claims. One common liability arises when there is a defect in the design. This liability usually makes it dangerous when the product is used as it was intended. In addition, there are also commonly manufacturing defects. Manufacturers become careless and problems arise with the product. Another possible defect is a marketing defect. This occurs when there are not appropriate warning labels or instructions on a product. When this occurs, the user does not know how to safely use the product and accidents can easily happen.
Winning The Case
In order to win the case, there are certain elements you can claim against the company to be successful. One common claim is that someone was negligent along the way. They did not meet the obligations they had to the consumer. Another common claim is that the company breached their warranty. Lastly, some people attempt to prove that the company has a strict liability. This usually occurs when they prove the product is defective.
Wednesday, April 28th, 2010
When the plaintiff settles a case for a large sum of money, the defendant’s attorney will sometimes offer what is called a structured settlement. The structured settlement will propose paying the settlement fee in installments, over time, instead of a large sum up front. Typically, annuities will be purchased to help guarantee future payments. If you are about to settle your case, it is hard to know whether or not this is the way to go. Many parties do choose to go with the structured settlement, however some opt for a lump sum. Here are some pros and cons.
Benefits Of A Structured Settlement
One of the main benefits of choosing the structured settlement plan is avoiding taxes. If you set up the fund right, you can reduce your tax obligations. In some cases, people end up receiving a tax-free settlement. In addition, a structure settlement is wise in terms of cash flow – especially if you are planning on using it to pay for medical fees for the future. Some people simply are not good with money. Their lump fund will disappear in no time. Minors really benefit from this type of plan, as do severely disabled patients.
Possible Disadvantages Of A Structured Settlement
Although structured settlements are a great option, some people feel trapped by the periodic payments. It’s like they are waiting on a paycheck again. If you want to purchase a new home or expensive items, you can’t. You cannot borrow against future payment. And some people do better accepting the lump sum and investing it themselves.
Evaluate Your Situation
Depending on your situation, choosing a structured settlement is not a bad choice. If you are not looking to invest in something expensive, then a structured settlement will provide you with consistent, tax-free income to help you.
Tuesday, April 27th, 2010
Have you been wronged recently? If so, you are most likely considering filing a lawsuit. However, lawsuits can be costly. Therefore, it is normal to be skeptical about entering into a lawsuit. Also, for many people, although a lawsuit makes sense, they have no money to pay for it. Fortunately, there are companies that can help you if this is your situation.
Lawsuit loans are very common today. Many people that cannot pay for their lawyer upfront apply for this specific type of loan. It is basically a cash advance. Many times it is referred to as a pre-settlement fund. You apply for the loan and pay it back with the money you make from your settlement. This way, you have money upfront to pay for the cost of the attorney and usually extra to help with living expenses and medical bills.
Does Credit Matter?
Most companies that offer these types of loans review your case before deciding how much money to loan you. Then, they offer you a pre-settlement loan based on how much money they expect you to win. They don’t factor your credit in this situation because they are basing it off of your case. The money they give you allows you to pay to hire a lawyer.
Research Various Companies
Many companies offer these types of loans, so if you are in need of funding it will not be difficult to find. However, before you take the first offer you get, do a little research. Be sure to get a loan with a company you trust. You do not want to end up in a sticky situation. You are already in the middle of a lawsuit or a potential lawsuit. The hope is that this funding will smooth the process so you can relax and avoid further stress.
Monday, April 26th, 2010
Tort law is full of complicating definitions and terms that you should seek to understand, especially if you are in the middle of a personal injury case. These cases commonly use tort law and your lawyer will probably ask you questions that involve these terms. Principles and agents and two key parts of tort liability.
The principal is the person or entity that has been given the right to control the agent. In liability cases, if the agent plaintiff alleges an agency relationship, then the defendant principal is bound by the acts of the agent under certain circumstances. The defendant could have place the agent in the situation. An ordinary person could be justified in assuming the agent had authority to act on behalf of the defendant. Also, in some cases the plaintiff might have assumed they had authority to act on behalf of the defendant. And there are also cases where the plaintiff was justified in assuming they had authority to act on behalf of the plaintiff. Regardless, depending on the situation, the defendant could be liable for the acts of the agent.
The agent is a person that is authorized to by someone else to act on their behalf. In terms of the law, the principal could be liable for the acts of an act whether or not they knew he or she was an authorized agent. Liability of the principle can be tricky. This is why companies often confirm identity on the phone first to avoid messy situations where they allowed an agent to act on behalf of the principal, however the principal did not authorize.
In tort liability, you could be liable for the acts of an agent even though you did not commit them as the principal. Talk to an attorney with questions. Many people need help with this complicated issue.
Sunday, April 25th, 2010
Sometimes in life the unexpected happens. Unfortunately, we are not always prepared for the unexpected. We try our best to prepare for life’s uncertainties, but we can only do so well. And sometimes when something unfortunate does occur there is little you can do to prepare for it. When larger problems like accidents occur, life can be overwhelming. All of the sudden you might find yourself in the middle of a lawsuit. How do you pay for something like that? You are already struggling to afford the unexpected medical fees. Fortunately, there is funding available. Many people take advantage of pre settlement lawsuit funding.
A Unique Loan
With a pre settlement lawsuit fund, we are not suggesting that you go to the bank and take out a second mortgage. On the contrary, this fund is unique. It is an entirely different loan. In fact, it is actually more of a cash advance that works to get legal customers the money they need to pay for their lawsuits.
Approval Based On Ability To Win
In addition to these loans being specifically geared towards legal customers, they also have an interesting approval method. Instead of checking your approval rating, they simply review the facts of your case. How likely are you to win? How much money to they foresee you winning? Approval is based on their analysis of your case. Once you win your case, you pay them back the money.
Reasons To Apply For A Legal Fund
There are a lot of reasons to apply for the fund. The most obvious is that you need the money. Fortunately, you don’t have to pay a high application fee to apply for the fund. And once you are approved you will typically receive your funding in approximately 24 hours. This process is very low risk and a great option to help you get your lawsuit in motion.
Saturday, April 24th, 2010
For those that are employers, have shops, or basically have a premise, listen up. If you are in possession of the land that people enter and walk, shop, talk, or work on, you are also responsible for certain injuries that are suffered by people on the premises. You may argue against this, however the premises liability law will hold you accountable.
Premises Liability Law Defined
The premises liability law is a body law. Sometimes this law is referred to as the “slip and fall” law. In some cases it may seem simple. However, there are certain cases today where laws seem to favor the owner of the land. Therefore, if you have a premises liability law case on your hands, you might want to talk to a lawyer.
Possession Of Premises
In premises liability, a person will possess the land or premises under certain contexts. One of the most common possession of the premises we see is when the person is in the premises with the intent to control it. Another common possession of the premises occurs when the individual not only has the intent to control the premises, but also no other person was occupying the area with the same intent at the same time. Lastly, some people feel that they are immediately entitled to occupation of the land, especially if no other person is in possession of the premises.
Cases of possession of the premises are seen in Missouri, especially with personal injury cases. If you need help determining your premises liability, it would be a wonderful idea to speak with an attorney to determine the specific laws in Missouri that will guide your case. Hopefully you can come up with a case that will help you to reach a good settlement. The sooner you start, the faster you will reach your settlement!
Friday, April 23rd, 2010
Regardless of how careful people are, often times carelessness occurs. There are occasions when individuals let their guards down. And sometimes accidents can occur because of the negligence of others. When this happens, the courts use negligence and tort law to rule on various issues.
By definition, negligence is failing to use ordinary care. This happens by an act or an omission. Either a person does not use the same amount of care that a reasonably careful person uses under typical circumstances, or a person choose to do something that a reasonably careful personal would not do under typical circumstances. In personal injury lawsuits, people often claim negligence. For example, they assume that the personal injury would not have occurred if it were not for the negligent act of the other person. And while the definition of negligence is relatively straightforward, the laws vary based on the jurisdiction.
Typically when wrong doings have occurred do to the negligence of another person tort law addresses them. For example, a person that has suffered damages uses tort law to seek compensation legally because of the damages they have suffered. It is common in tort law to have tort liabilities. If you have a case involving negligence, it would be the liability in the case. The reason it is commonly referred to as a liability is because the injured party has no proof that negligence was involved in the accident. Negligence is almost always a theory, legally. However, it does help explain why certain things happened and shift the fault from the victim to the accused.
If you are considering your own personal injury lawsuit, do not be surprised if negligence and tort law come up. These concepts are things that you should familiarize yourself with now. They will help you to be prepared.
Thursday, April 22nd, 2010
Are you in need of money for your possible lawsuit? You are not alone. Many people want to sue, but opt out of it because they do not have the money to hire a lawyer. The good news is, if you have a case you shouldn’t put off the suit. Instead, you should get creative. There are possible funding options that could help you afford the lawsuit and benefit from the settlement in the future. Here are some ideas.
Take Out A Loan
One option to consider is taking out a loan. There are specific loans available to help individuals that are entering into lawsuits. A lawsuit loan is simply a cash advance to help you pay for your legal fees before you receive the settlement check. Once, your check arrives you can easily pay off the loan and enjoy the rest of the settlement. Some lawsuit loans will advance individuals up to $100,000 depending on the case and the likelihood of winning. The more likely you are to win the case, the easier time you will have getting approved for a lawsuit loan.
No Win, No Fee
Another option is to work with an attorney that will not charge you unless you win. There are lots of attorneys out there that offer this service. However, not all of them are qualified. Therefore, before you rush to hand over you case to the first person willing to do it for free, make sure you read the fine print. Make sure that you will actually make money off the agreement as well.
In addition, if you don’t want to take out a loan, you might be able to work out an arrangement with your attorney. You can always try to negotiate some sort of payment plan to demonstrate your good faith.
Wednesday, April 21st, 2010
Have you recently been bitten by a dog? If so, you are not alone. In the United States, over 1 million people each year suffer from dog bites. Sadly, many people do nothing about it. However, if you take a little time to do some research, you would realize that you have rights. And there is law that can protect you and help you reap the benefits from the situation.
Negligence Of The Owner
When a dog has bitten you, it is unfortunate. And yes, accidents do happen. However, this accident could have been prevented if it weren’t for the negligence of the owner. If the owner would have taken better care of their dog, you might not have gotten bit.
In addition, when a dog bites you, injuries result. Most people visit their doctor for a check up. Sometimes they have to receive shots. This is a minor situation. In other instances, it could be worse. Also, you have to factor in the emotional damage that can come when a dog bites you. The fear and paranoia from this situation may become a permanent issue.
Many states actually have laws that deal with dogs and the victims of biting. These laws protect individuals when a dog is abusive and aggressive. And in some cases a court will overlook a minor “one bite” because an owner didn’t handle their dog properly, didn’t confine their dog, didn’t use a leash, or other reasons. Basically, there are many reasons why a court would rule in your favor if a dog bit you.
Talk To A Lawyer
The best solution to turn to for help is a lawyer. A good lawyer will understand the legal system and how to best navigate it to get you the compensation you deserve. Talk to one today.