Hire a Trial Attorney for Your Personal Injury Case

A personal injury attorney, also known as a trial attorney, focuses his or her practice on helping clients injured because of the negligent or reckless conduct of others. These litigators investigate injury claims and determine the parties responsible for their clients’ injuries. A personal injury attorney is paid a percentage of the final settlement or verdict.

Insurance companies like to deal with injured people not represented by an attorney. Since most people only deal with a personal injury claim once or twice in their lifetimes, insurance adjusters possess a lot of leverage against these victims. Insurance adjusters will typically make an offer to make a case go away, but an unrepresented claimant will never get a top dollar offer from the adjuster.

How a Personal lnjury Attorney Can Help You

Claimants might wonder what a personal injury attorney can do to strengthen their bargaining position. Although each case is different, a trial attorney will typically take the following actions when accepting a new client.

1. Investigate the Facts

A personal injury attorney has tools and resources unknown to the general public. The lawyer may hire an investigator to track down witnesses or obtain asset checks on the defendants. An attorney can easily obtain a copy of the police report and will feel comfortable speaking with the investigating officer about any liability issues. An experienced trial attorney will immediately focus on available insurance and will send a letter to the negligent party or the insurer for the negligent party to verify insurance coverage.

2. Determine the Client’s Injuries

Most clients may not even truly understand their injuries. They will understand the pain and suffering. They will understand how their injuries affect their ability to work or just perform activities of daily living. However, they may not understand what treatment is needed to alleviate the pain. An experienced personal injury attorney will speak with the client’s medical providers to determine how long the client may need to treat and when the client’s injuries will fully heal.

3. Attempt to Settle the Claim

Litigation is expensive. Even filing a lawsuit requires a court filing fee and a fee to serve the opposing party with the civil complaint. An experienced trial attorney seeking to save his client time and money will make a good faith effort to settle her client’s claim without a lawsuit. Typically the lawyer will send a demand letter outlining the liability issues and the client’s injuries, making a demand for a specific amount of money. The insurance company will respond after reviewing the materials and make an offer. Back and forth negotiations can take weeks, months or even years, depending on the applicable statute of limitations.

4. File Suit

If a case cannot be resolved, the trial attorney will file a lawsuit on behalf of his client. The complaint will outline the various claims and describe the injuries sustained in the accident. The claimant is now called the plaintiff, and the party accused of negligently or recklessly injuring the plaintiff is called the defendant.

5. Litigation

Rules of civil procedure vary between the federal rules and the rules of different states, but typically the attorneys involved in a civil lawsuit will draft written questions called interrogatories and requests for production of documents. Each side will answer the opposing side’s interrogatories and requests, and then the attorneys typically schedule depositions. During depositions, the parties are questioned under oath about their claims, injuries and defenses.

6. Mediation

Most civil cases are settled during the litigation process. Only two percent of federal cases ultimately go to trial. Some cases are settled with a series of phone calls, emails or letters, but a large percentage of cases are settled at mediation. Mediation is a formal settlement conference involving a neutral third person, called a mediator, who brings the sides together and tries to help them resolve the case.

7. Prepare for Trial

Although few cases go to trial, a competent personal injury attorney will anticipate the possibility from the start of the case. By fully investigating the accident, understanding the client’s injuries, and thoroughly using the discovery process to obtain information from the opposing side, the attorney will be ready to protect his client’s rights at trial.

Hiring A Bankruptcy Attorney To File Under Illinois Bankruptcy Laws

Filing liquidation under the Illinois bankruptcy laws is not an easy thing to do in a sense that you need to be aware of the complicated set of specific laws related to impoverishment that is applicable only in the state. This is because of the complications involved in the various bankruptcy laws in Illinois that we always suggest debtors to hire a highly qualified and experienced attorney to handle your liquidation case. When it comes to filing bankruptcy under the state laws, there are several things that you need to take into your careful consideration.

License Of The Bankruptcy Attorney

The first thing that you have to make sure is that the attorney has a valid license to handle impoverishment cases in the state. Some people have the misconception that all the bankruptcy lawyers are authorized to handle cases in all the states, which is not true. The attorney gets the license to handle such cases in a specific state only. In some places, where the boundaries of the states meet, the attorney may get the license to handle liquidation cases in more than one state. So, it is prudent to check all these things before hiring the attorney.

Attorney Fee

The bankruptcy attorney will charge you a fee, which is usually a substantial amount. Therefore, while choosing the right attorney to file insolvency on your behalf under the state laws, the first of the few things that you must ask the attorney is the amount they will charge. You must try to get into the details because sometimes, there are hidden charges that you come to know only when it is too late.

Interview The Attorney

You are planning to hire a liquidation attorney because you want someone that could defend your claim successfully in the courts. Therefore, do not hesitate in asking questions. It is important to ensure that the attorney you have chosen is the best one for your case. The attorney must be able to make things easier for you, keeping in mind that the Illinois bankruptcy laws are complicated ones and it is not possible for a common person to be aware of everything. The attorneys are the specialized persons and they know how to use the various clauses of the bankruptcy code in favor of the debtor. If you are filing bankruptcy under state liquidation laws, you will require filing out a number of free forms. You have to be very careful while filing out these forms because if the court finds some manipulation with the facts, you may end up paying out some penalties. Your attorney must help you in filing out these forms.

Types of Attorneys in the United States

An attorney is a professional person authorized to practice law, conduct lawsuits or give legal advice. In the United States, the basic distinction of law is into two sectors, criminal and civil. These two divisions are further subdivided into various other fields in which one can practice. Some of the common types of attorneys in the United States are:

  • Criminal defense attorneys: A criminal defense attorney will represent a person who has been reportedly accused of breaking the law. Right from murder, to cyber crimes, to traffic violation, each of these cases is handled by the same. Whatever be the severity of the crime, a criminal defense attorney has to be involved for the case.
  • Family law attorneys: These are those who deal with all the laws relating to family matters. A family law attorney must have the complete details of the family’s history that he is representing. Cases relating to divorce, adoption and guardianship, custody rights are dealt with by such a person.
  • Estate attorneys: Estate planning attorneys are those who advise their clients on wills and transfer of wealth and property from the previous generation the next. Charities and donations are also taken care of by estate attorneys. They help their clients to plan for their families as per their requirements and benefits.
  • Personal injury attorneys: When a particular person gets injured on account of negligence by any other party, it is known as a personal injury. Personal injury attorneys deal with cases of car accidents, workers compensation, airplane crashes and so on.
  • Bankruptcy attorneys: Bankruptcy is a situation when any individual or firm files to relieve itself of its debts. Bankruptcy attorneys assist their clients in filing for bankruptcy. They advise their clients about the kind of bankruptcy they should file. The two types of bankruptcy are chapter 7 and chapter 13.
  • Business attorneys: If a business is sued, then the services of a business attorney are called for. They will help their clients in drafting all their legal documents and advise them on all the steps they ought to take in the given situation. They have to make sure that their clients are not in any legal trouble
  • Civil rights attorney: Such an attorney has to defend the written rights granted to all the citizens of the United States. Some of these rights are the freedom to speech, freedom of the press, freedom to vote, freedom of assembly, freedom form slavery, etc.
  • Immigration attorney: An immigration attorney is one who provides his services to such people who would like to be citizens of the United States. Many regulations and legal formalities have to be followed before one can become a citizen. Such a person takes care of the same.
  • Intellectual property attorneys: These are also known as entertainment or patent attorneys and trademark lawyers. They specialize in many different areas like entertainment laws of transaction, or technological information of the United States.

So if you are planning to take up this profession seriously, check the field you would like, do your research and then decide which field would suit you the best. All the best!

Earnest Money Deposit Explained

An earnest money deposit is paid in the form of a check to the seller and is accompanied by the offer to purchase a piece of property. Its purpose is to demonstrate good faith that the buyer is willing to make an immediate investment, which is often referred to as, good faith. Often, the agent will deliver a copy of the check to the seller and hold onto the original until the seller agrees to the terms of the agreement offered. Then the check is released to escrow.

The earnest money deposit is often used as part of the down payment. For example: Let’s say that you are buying a house for $100,000 and you have an FHA loan. Your deposit will most likely be $1,000, which is 1% of the purchase price of the property and it will go toward your total FHA loan, which is 3.5%, or $3,500. So you can take the required $3,500 down payment and subtract the deposit you’ve already given when you submitted the offer and now only owe $2,500, which is the difference.

Whenever you meet up with a real estate agent, it’s always a wise idea to bring at least one check with you. Even though checks are starting to become an obsolete way of transferring funds, they are still widely used in real estate for proof of the initial deposit. If you do not have checks, you may be able to obtain some by contacting your bank in a short period of time. The sooner you do so, the better.

The earnest money deposit, for the most part, seems to hold a more symbolic gesture of good faith than the actual necessity of the payment. However, should you open up an escrow and then back out without a justifiable excuse, your earnest money deposit will be lost. Before you go into escrow on a house, or even put in an offer for that matter, be sure that you will be happy with that particular home before you open escrow and realize you may have made a mistake.

Consult A Bankruptcy Attorney When Considering Chapter 7 Or Chapter 13

Nowadays, all you have to do is turn on the news and hear the bad economic news, with unemployment continuing to rise. Even though the government threw $1 trillion at the economy there has been no positive response. It’s no surprise that over 1.5 million people filed for bankruptcy in 2010 and those expected to file in 2011 will continue to rise. With all the alternatives to debt elimination being advertised, still the most popular to get rid of crushing debt, is to file Chapter 7 bankruptcy. Constant phone calls from creditors all hours of the day and night along with threatening letters, it’s easy to see why people choose bankruptcy to stop this madness.

For the individual that has had an unexpected financial catastrophe, like a job loss, illness or divorce, filing bankruptcy can help relieve some of the stress that the creditors are putting on them. Being in this situation is not fun and perhaps the day has come that you need to pick up the phone and call a bankruptcy attorney for a free consultation and see if you qualify for Chapter 7 or Chapter 13 bankruptcy.

It’s important to get all of your bankruptcy questions answered before filing, and that’s why individuals should get legal counsel. When consulting with a bankruptcy attorney, always be upfront when explaining your situation to make sure that the attorney understands the whole financial picture. When deciding on a bankruptcy attorney to hire, remember to find someone who has good references and extensive experience in bankruptcy law. With the downturn of the economy, there have been many lawyers who see the opportunity to make some money.

Usually, these attorneys have very little experience in bankruptcy law and your results may suffer. If you think this is an attorney that you might want to hire, go over the fee schedules and ask questions if there will be additional fees for preparing extra documents or amendments. It’s best to find out the total cost that you might incur by hiring this particular bankruptcy attorney. If you’re going to have to pay someone a couple of thousand dollars, don’t be afraid to take the time to make your decision, and even interview multiple attorneys if necessary.

After making the decision selecting your bankruptcy attorney, you will be responsible to gather a gaggle of information and take it to the attorney’s office. Many people that are filing for bankruptcy feel unnecessarily intimidated when they are required to go into the attorney’s office. People need to remember that they are the client and that the attorney works for them. Being afraid to ask all the questions you have might come back and haunt you after the bankruptcy is discharged. Leaving something out because you feel it’s unimportant or you don’t want to waste the attorney’s time, might be something that can change the direction of your case.

That’s why it’s important to select a personable bankruptcy attorney that is easily accessible and willing to answer all of your questions. One should also be comfortable with the attorney’s staff, as much of the time the individual will be dealing with attorney’s paralegal. Filing for bankruptcy can be a stressful time in your life, but finding the right legal help can make the process fairly quick and pain-free.