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Federal Judge Upholds Suit Against HUD

2005-05-03T16:03:00.000-07:00

A Baltimore federal judge upheld former residents of the low-income Uplands Apartments against the U.S. Department of Housing and Urban Development (HUD).

February 15, 2005 – A Baltimore federal judge upheld former residents of the low-income Uplands Apartments against the U.S. Department of Housing and Urban Development (HUD).

The ruling made by U.S. District Court Judge Catherine C. Blake orders the HUD to reassess the terms it chose to dispose of the of the property, saying that the agency did not consider the factors required by Congress when it developed the plan.

According to Legal Aid Director of Advocacy Hannah E.M. Lieberman, Judge Blake's ruling provide for significant impact in the lives of the low-income people, particularly the fight for equal rights for affordable housing. "We expect HUD's consideration of the statutory factors--- including the impact of the plan on the racial composition of neighborhoods, its effect on the low-income, primarily African-American former residents, and the need for affordable housing for very low-income residents--- will result in changes that will give our clients a realistic chance to return to their community."

In addition, Lieberman added that with the recent ruling, the HUD would definitely be able to share in the success of a redeveloped Uplands that includes housing for everyone.

The suit was a result of HUD's move to sell the sprawling 970-unit West Baltimore development to the city in a foreclosure sale. After two and a half years, HUD took over and operated the mostly vacant property after the private owner defaulted on the federally backed mortgage.

Since then, Legal Aid had sought to block the sale and prevent the forced relocation of residents to a motel. This resulted to HUD's action of providing several concessions that made preliminary relief less urgent to the court.

In a recent bid for re-development, the city unveiled a masterplan for the soon-to-be-demolished apartments that would create 546 units of new, moderate- to high-priced housing. Afterwhich, a plan is also on its way to build another 150 units on bordering commercial property the city plans to buy. This is the largest new housing development so far in more than 10 years.

In her ruling, Judge Blake put much significance on HUD's need to substantiate its selection of its "affordability criteria" and examine further the effect of its plan on the people and residents of the Uplands area, as well as the other neighborhoods.
On the other hand, the judge left for later deliberation the other claims of the residents that the plan permits redevelopment of the property on the premise of unfair housing. The residents claim that redevelopment promotes unfair housing because it prevents low-income, African-American residents from returning and leaves many to settle on historically segregated neighborhoods.

Overall, Lieberman is glad to note that the decision will provide an opportunity for both parties to unite and agree on a plan that will enable the redevelopment to meet the needs of the city, as well as its residents.

She further points out that the with the new redevelopment plan extending beyond the Uplands property, it will provide the city with a strong tax base, while providing affordable housing to the poor, working class that, according to her, "we all rely but who are finding housing increasingly beyond their grasp."

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Baltimore Apartment Sued For Subhuman Treatment

2005-05-03T16:01:00.000-07:00

A multi-family complex in northwest Baltimore was recently sued by eight low-income, disabled residents for alleged discriminatory practices and subhuman treatment.

February 15, 2005 – A multi-family complex in northwest Baltimore was recently sued by eight low-income, disabled residents for alleged discriminatory practices and subhuman treatment.

The complaint made by the eight residents was filed with the Maryland Commission of Human Rights. Included in the complaint filed is a suit against the complex' owner violating Maryland's Fair Housing Law, as well as a court order to end discriminatory practices and fair housing and disability training of employees.

According to reports compiled by the residents, Foxwell Memorial Apartments allegedly committed abusive discriminatory practices that resulted to the terror experienced by the disabled residents daily. The attorney representing the residents said that the subhuman treatment was provided by the "people who are supposed to help them."

The attorney further stated, "The behavior is outrageous and the residents are routinely humiliated. In my 10 years of practice, I've never seen anything like it."

Examples of pervasively hostile and exploitative living situations include a 20-year tenant with cerebral palsy who found her wheelchair had been tossed in the dumpster after she left it in the lobby to go to church. When she inquired about her wheelchair after coming back from the church, employees of the apartment denied having seen the wheelchair. The next morning, the tenant got the wheelchair back from the employees and was told that they'd throw it back in the dumpster if they ever see it again in the lobby. The tenant was so afraid that she now leaves her wheelchair in her apartment.

Security personnel and management staff were also verbally abusive to the residents. According to tenants, they constantly get yelled and cursed at by the apartment employees. They even refuse to let the residents use the restrooms on the ground floor.

Another six-year resident, Andre Thomas, recalled how his car was towed from a handicapped parking area in front of the building after he was told to move it. "My apartment is on the second floor overlooking the lot and I called down to the tow truck driver that I was coming," he said. Thomas, who has multiple sclerosis and carpal tunnel syndrome, was completely ignored although the tow truck driver knew of his condition. Adding insult to injury, Thomas had to pay $225 to get his car back and was not reimbursed.

Another resident complained of routinely receiving written notices while the management knows that she is blind. According to her, she offered to fix the problem many times, and even offered to provide free ways to type letters in Braille. Like many of the other tenants, she never got a response.

Thomas observed that because the complex was run more like a jail or mental institution, most of the residents leave early in the morning and come back after five in the afternoon to avoid the abusive staff. Still others are afraid to leave their apartments.

Other tenants complained that they are subjected to retaliation if they complain. These include random and surprise inspections of their units; guests were turned away at
the main entrance; harassment; letters of eviction; as well as being denied the use of the community room in the complex.

"It's a big fear being part of the suit. They may put me out," one of the resident said. "But something has to be done."

About XXXXXXservicesetc.com
XXXXXXXXXservicesetc.com is an online web site that offers full complement of legal support services and assistance. For more information, visit their site at
www.XXXXXXXservicesetc.com.
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Defective Products

2005-01-25T19:46:00.000-08:00

Defective Products
by: Nash Ville

Defective products harm millions of people each year. These products involve everything such as dangerous toys, automobile design, aviation products, farm machineries, seat belt failures, gas tank explosions, tractors and equipment, sports utility vehicle rollovers, industrial machineries and equipment, improperly-designed consumer and household products, and products causing explosions and fires.

If you have been injured by a product, make every effort to keep it even if it has been damaged in that instance. Also, it is important to contact a defective product lawyer as soon as possible who will be able to secure ownership records and prevent the evidence from being spoiled. With this, the Personal Injury Lawyers Inc is now ready to help clients understand the legal rights and options in relation to defective product cases.

With regards to defective product cases, there are three legal theories which can form the basis of a successful product liability case. The first theory is the manufacturing defect where the injury or damage is caused as a result of a defect or defects in manufacturing the product. Next is the design defect where the injury is caused by a poor design, although there may be no defect in the individual product itself. Finally, the last theory refers to the failure to warn or inadequate warning where injuries are caused as a result of a product known to be potentially dangerous but is still sold without a proper warning to the consumer.

Manufacturers of products can be sued for manufacturing defects, design defects, and improper safety devices. In addition, the sellers of the product such as wholesalers or distributors may also be held liable, even though they did not really cause the defect.

So, if you or a family member has been injured because of what you believe is a product defect, you should consult a lawyer who is adept with product liability or defective product cases at the soonest possible time to protect your right of recovery. With this, you can certainly count on the skilled and experienced defective product lawyers of the Personal Injury Lawyers Inc.

Indeed, having a competent counsel is the best way to protect your rights and interests if you have been injured as a result of a defective product. And, the Personal Injury Lawyers Inc. can assure you that we will perform a thorough search to locate and sue all the concerned parties if a lawsuit seems justified.

Boating Accident

2005-01-25T19:44:00.000-08:00

Boating Accident
by: Nash Ville

Boating has become an increasingly popular form of recreation and can be very enjoyable if carried out responsibly. Oftentimes, the negligence and carelessness of boat owners and operators and the defective design of the boat can ruin an otherwise exciting time and cause extensive property damages, serious personal injuries or even death. Boating accidents occur all too frequently especially during the summer months.

Many boating accidents involve capsizing, collisions, disappearance, falls overboard, fire and explosions, sinking or flooding, inexperienced operators, and boat malfunctions. The majority of boating accidents are caused by collisions with other watercrafts or docks, slip and falls on deck, and sinking. Many boat accidents involve recreational boats. But they can also involve cruise ships, navy vessels, and other watercraft such as jetskis. As with any motor vehicle, the driver has the obligation to employ the highest level of care while operating any watercraft.

An operator involved in a boating accident must stop their boat immediately at the scene of the accident and give assistance to anyone injured in the accident. Give their name, address and identifying number of their boat to the other boat’s operator and/or owner of damaged property. Boat operators involved in an accident must report the accident in the soonest possible time if the incident has resulted in a death or disappearance of a person, an injury causing any person to require medical attention beyond first aid, and damage to the boat and other property.

Not every personal injury lawyer has experience handling boating accident lawsuits. Fortunately, the Personal Injury Lawyers Inc. has established relationships with experienced boating accident lawyers. So, if you or someone you know has been injured in a boating accident, enjoy the best service that our skilled and experienced boating accident lawyers can provide you. We will definitely help you get the compensation you deserve.

Every year, hundreds of lives are lost, thousands of people are injured, and millions of properties are damaged due to avoidable recreational boating accidents on the waterways. Too often, pleasure outings turn into tragedies. And, people often underestimate the dangers involved with boats. So, if you or your loved ones have been injured in a boating accident, contact the boat accident lawyers of Personal Injury Lawyers Inc. who are experienced in the litigation of boating accidents and protecting the rights of safe and law abiding boaters.

Bus Accident

2005-01-25T19:42:00.000-08:00

Bus Accident
by: Nash Ville

Notice:The following is an article submitted to a personal injury lawyers site as part of the requirements of the job as content writer.

Bus accidents occur each day on roads in every town, city, county, and state which can result in large property damages and serious personal injuries. Most of these accidents are caused by negligent or reckless drivers. However, other factors may also be considered such as poorly-designed roads, improper traffic signals, or a defective vehicle or tire. Many injured victims of such accidents are overwhelmed by the avalanche of medical bills, accident reports, telephone calls, insurance forms, and general correspondence that is received instantly after the bus accident. These accident cases are usually defended by insurance companies. Further, the people who have been injured in such accidents may not be in the proper state of mind to deal with either written, verbal or recorded inquiries from insurance companies.

In many states, bus accident victims who have suffered personal injury may be entitled to recover damages for disability, wrongful death, dismemberment, pain and suffering, emotional distress, permanent disfigurement, loss of opportunity to enjoy life, interference with marital and/or parental relationships, and other types of general damages. Many states also allow for recovery of unusual damages such as past, present and future medical bills, wage loss, loss of earnings potential, and other out-of-the-pocket expenses. Some states also require that certain no-fault benefits including a portion of lost wages and medical bills shall be paid following a traffic accident.

In general, victims of bus accidents should appreciate that while they are still receiving initial medical treatment, the parties at fault have already notified their insurance company of the accident. Every insurance company has a team of adjusters, investigators and lawyers whose main responsibility is to limit the liability of the insurance company and minimize the amount of money to be paid to injured parties. In this case, you are assured that the lawyers at Personal Injury Lawyers Inc. use only the needed knowledge, expertise and experience to the advantage of our clients.

If it’s necessary, our bus accident lawyers also hire accident reconstructionists, engineers and medical professionals to fully analyze your case. Let our team of skilled and experienced lawyerss evaluate your case and help you get the compensation you are entitled to. Our bus accident lawyers can provide bus accident victims with information regarding the practical and legal aspects of personal injury law and bus accident claims.

Brain Injury

2005-01-25T19:40:00.000-08:00

Brain Injury
by: Nash Ville

A brain injury occurs when sudden physical damage to brain occurs caused by various factors. This injury can result when someone’s head forcefully hits an object or if an actual object pierces through the brain to cause damage. Oftentimes, this injury is sustained when an auto accident happens because of negligence and recklessness. In such cases, the law provides compensation to the people who suffer brain damage because of it. If you have suffered or still suffering from a brain injury, contact the Personal Injury Lawyers Inc. to understand your legal rights and options in brain injury cases.

Studies show that half of all brain injuries are results of motor vehicle accidents out of a negligent act or acts that can be compensated. Truly, a brain injury can completely change a person’s life forever. And, to have a lawyer that has experience in brain injury cases can allow for the financial burdens and any other loss of income that has resulted from the accident to be compensated.

Depending on what area of the brain has been damaged, our skilled and experienced brain injury lawyers will determine what brain functioning has been influenced. Traumatic brain injuries caused by a severe impact to the head are usually very serious injuries. They are often permanent and they can result to death. Brain injuries are often caused by car accidents, falls and medical malpractice. Damage to the brain may occur at the time of an accident or it may occur over time.

Most often, the brain injury patient will experience the greatest effects of the accident immediately because of often-temporary bruising and swelling. Physical, mental, or behavioral changes can be permanent but long-term damage is sometimes hard to assess until the initial brain injury swelling has subsided. The brain injury damage can result in large medical bills, disfigurement, pain and suffering, loss in salary, loss in life enjoyment, and other claims that can be recovered.

Indeed, brain injury accidents require an experienced brain injury lawyer. If you or a loved one has suffered a brain injury, the lawyers at Personal Injury Lawyers Inc. are always ready to help you to learn your legal rights and options. With us, you’re assured to get the compensation that you or your loved ones truly deserve.

Auto Accident

2005-01-25T19:36:00.000-08:00

Auto Accident
by: Nash Ville

When an auto accident occurs, personal injuries can range from minor to critical conditions. It can be a disturbing and confusing time especially when an injury has been suffered. It is important to know how to react in the event of an auto accident to best preserve your rights and to make sure that you don’t make any minor errors that can finish up costing you a lot. There are certain measures that should be taken following an auto accident to keep the situation in control emotionally and lawfully.

Oftentimes, the people injured from an auto accident don’t initially realize the extent of their injuries and should seek medical attention immediately to ensure that they are not overlooking any potentially incapacitating injuries. There are many costs that can be experienced as a result of a personal injury such as hospitalization, therapy, ongoing medical visits, and loss of income. These things can all be recovered through the assistance of the auto accident lawyers from Personal Injury Lawyers Inc.

When involved in an auto accident, never leave the scene of an auto accident because it’s against the law and you can certainly get into a large amount of legal trouble, not considering if who is liable for the accident. Make sure that any personal injury suffered is medically attended to right away. Call the police to report the incident and make an official report to help protect your legal rights in the future. Besides notifying the police, your attorney, and your insurance company, no other attempts to resolve the issue need to be made at that time.

In addition, write down the details of the auto accident including the names, addresses, license plate numbers, and telephone numbers of al those who are involved or was
witness to the accident. This is necessary because the incident is still fresh in your mind thus, preserving the accuracy of the events that unfolded. If it’s possible, it is also
advisable to take pictures of the auto accident scene prior to any vehicles being moved. Don’t discuss or make any statements regarding the auto accident to anyone other
than your auto accident lawyer because the latter is most fitted to advise you of your legal rights and options.
In the circumstance that the auto accident finds you partly liable and another driver partly liable, you may still be able to recover compensation for the personal injuries you have suffered. This will be determined by a case-by-case basis. There are no set guidelines for determining what type of compensation will be available but it will need to be negotiated and our auto accident lawyers can be extremely helpful in this case.

Truly, it is important to protect your legal rights by understanding anything you say or sign can be used against you. So, don’t attempt to handle the auto accident settlement without discussing it first with our auto accident lawyers. Therefore, when you have experienced a personal injury due to an auto accident, contact the Personal Injury Lawyers Inc. for assistance.

Wrongful Death

2005-01-25T19:32:00.000-08:00

Wrongful Death
by: Nash Ville

A wrongful death is a death caused by the fault of another. It is a destructive result of the misdemeanors of another person or company. It may have had from either an unintentional or irresponsible act of negligence. Examples of wrongful conduct that may lead to death include drinking and driving, manufacturing a defective product, constructing an unstable structure, and failing to diagnose a fatal disease.

Wrongful death cases arise in a number of different contexts such as car accidents, constructions site accidents, and medical malpractice. When a wrongful death has occurred, the survivors or beneficiaries of the wrongful death victim are entitled to receive compensation for their significant loss as well as the loss of income.

If you believe that the death of your family member was a wrongful death, contact the lawyers at Personal Injury Lawyers Inc. for assistance as soon as possible. We will be able to tell you if you have a wrongful death case and will then recover the largest amount of compensation for the survivors. However, there are many factors that surround a wrongful death case which will not automatically prove it to be an easy case of negligence. With us, our experienced wrongful death lawyers will definitely make the process much faster and smoother.

An investigation around the death will be executed to be able to show evidences that a wrongful death did happen. Our wrongful death lawyers have the necessary resources to acquire records and reports and thorough information for successful case results. Matters can take awhile to be settled but you should feel confident that our wrongful death lawyers are going to continue to assertively take legal action on your family’s behalf.

Laws have been enacted for wrongful deaths so that some type of justice is available for the victim’s survivors. Although the laws vary from state to state, the laws are pretty much the same with a wrongful death case. Compensation is available for the expenses associated with the death, the loss of earnings and benefits, pain and suffering, and other personal damages.

Indeed, our wrongful death lawyers bring a cause of action on behalf of the family or beneficiaries for compensatory damages. Remember that the Personal Injury Lawyers Inc., is always ready to help clients to understand their legal rights in relation to their wrongful death cases.

Personal Injury

2005-01-25T19:30:00.000-08:00

Personal Injury
by: Nash Ville

Notice:The following is an article submitted to a personal injury lawyers site as part of the requirements of the job as content writer.

A personal injury is an injury to an individual's mind, body, or emotions and not to property. In such cases, an individual or a company can be liable for the damage or suffering that the personal injury caused. This injury can either happen due to one’s negligence, an intentional infliction of harm, or the injuring of another person despite any type of negligence or intent. And, it varies widely in both the cause and result of the accident.

Personal injuries can happen at the workplace, in a road accident, due to a defective product, due to a medical malpractice, when you’re a victim of a crime, and when you fall on a wet floor or trip on a paving stone in the public. A personal injury may be psychological and physical. Therefore, you might be able to get compensation for the upset or pain after the accident as well as the physical injury.

The most common type of claim is the personal injury out of negligence. Common negligence personal injury cases are motor vehicle accidents, workplace accidents, slip and fall accidents, and medical malpractice. There are existing laws in order to avoid personal injuries from taking place but in some instances, an individual may be accountable for the personal injury that resulted from his failure to act, whether intentional or not. Any injury you endure may seem personal, but in legal terms, a personal injury is where a person, company or some other organizations is to be blamed for your injuries. They may have been negligent which means the person or organizations did not take proper care in the way something was done or made.

The personal injury law covers the physical harm the individual may have and the suffering they undergo. Suffering can include emotional mortification an individual may have felt because of the personal injury. A personal injury lawyer can help an individual to seek the proper compensation they deserve as a result of the personal injury. The more serious the personal injury was, the more impact and influence it probably had on the individual's life, thus making a higher compensation for him.

Indeed, personal injury cases can be very complex because of the conflicting circumstances that involve different legal and insurance matters. With this, the Personal Injury Lawyers Inc. is now ready to help clients to understand their legal rights in relation to personal injury cases. Always keep in mind that if someone is negligent, they may have to pay you compensation for your injuries. And, we will be of utmost service to you when you’re involved in such cases.

A Closer Look at Product Liability on Defective Products

2005-01-25T19:24:00.000-08:00

A Closer Look at Product Liability on Defective Products
by: Nash Ville

Notice:The following is an article submitted to a personal injury lawyers site as part of the requirements of the job as content writer.

Defective products injure millions of people every year worldwide. These products include everything such as dangerous toys, automobile design, sports utility vehicle rollovers, gas tank explosions, seat belt failures, improperly designed consumer and household products, industrial machineries and equipment, farm machineries, tractors and equipment, products causing explosion and burns, and aviation products.

Product liability is the set of legal rules that identifies the one responsible for defective or dangerous products. It is based on the principle that a person who manufactures or sells a product has a big responsibility, not only to the person who buys the product, but also to anyone else who might reasonably come into contact with it. If you have been injured by a dangerous consumer product, you’ll have an easier time to recover compensation for the damages it has brought you than those who are injured in other ways because of the product liability law. You also need the aid of an experienced defective product lawyer in pursuing your lawsuit.

If your case turns out to be successful, you are entitled to compensatory damages that include your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product. You are also entitled to damages for pain and suffering you experienced as a result of your injury. If you are married and the injury has affected your relationship with your spouse, you may be entitled to loss of consortium damages. Your spouse can also be able to recover these damages even if he or she was not directly harmed by the product.

Cases on product liability require originality, creativeness, fortitude and the resources to cover the high expenses involved. To represent the injured parties is often expensive for attorneys because they put up large sums of money on these complicated cases in order to hire experts, take depositions, gather evidences, and oppose the lawyers of large companies and insurance firms.

Indeed, to avail the service of a competent counsel is the best way to protect your interests if you have been injured by a defective product. So, if you or your loved ones have been injured because of what you believe is a product defect, you should consult a defective product lawyer at the earliest opportunity to protect your right of recovery. Through an attorney, you’re assured that a thorough search will be performed to locate and then sue all the proper parties if a lawsuit seems justified.

Brain Injuries Due to Auto Accidents: Examined

2005-01-25T19:21:00.000-08:00

Brain Injuries Due to Auto Accidents: Examined!
Its causes, symptoms and treatment options are presented
by: Nash Ville

A brain injury is an insult to the brain caused by an external physical force that can produce a lessened or an unclear state of consciousness and result to the impairment of cognitive abilities or physical functioning. Most often, this injury is sustained when an auto accident has occurred. Through auto accidents, the damage can be confined to one or more than one area of the brain. The brain injury damage can result in disfigurement, loss in salary, large medical bills, loss in life enjoyment, pain and suffering, and other claims that can be recovered. The law provides compensation to those who suffer damage because of auto accidents.

After an impact to the head, a person with a brain injury can experience a various symptoms such as vomiting; lethargy; headache; confusion; dizziness; slow pulse; vision changes; balance problems; respiratory failure; loss of consciousness; dilated or unequal size of pupils; difficulty with thinking skills; coma or semi-comatose state; inappropriate emotional responses; body numbness or tingling; spinal fluid coming out of the ears or nose; loss of bowel control or bladder control; paralysis, difficulty moving body parts, weakness, or poor coordination; slow breathing rate with an increase in blood pressure; ringing in the ears or changes in ability to hear; and difficulty in speaking, slurred speech, or difficulty in swallowing. However, brain injury patients don’t necessarily endure all of these symptoms.

The immediate treatment for brain injury patients involves surgery to control bleeding in and around the brain, monitoring and controlling intracranial pressure, ensuring adequate blood flow to the brain, and treating the body for other injuries and infections.

Indeed, a brain injury can completely change a person’s life forever. So, if you or your loved ones have suffered a brain injury, you’ll need an experienced brain injury lawyer to help you understand your legal rights and options in such cases. To have a lawyer that has experience in brain injury cases will allow for the financial burdens to be compensated as well as any other loss of income that has resulted from the incident.

Brain injury is unpredictable in its consequences. It definitely affects who you are and the way you think, act and feel. It can change everything about you in just a matter of seconds. Therefore, a person with a suspected brain injury should contact a physician immediately.

Seatbelts: a Life Saver or a Taker?

2005-01-25T19:16:00.000-08:00

Seatbelts: a Life Saver or a Taker?
by: Nash Ville

Seatbelts definitely save lives. Some of them have a locking feature which is truly amazing because you can pull it out all the way and let it pull back. You can also lock it and it’ll not slide out until it's been pulled back all the way again. When you’re on a spirited drive, it's good to have something to hold you into your seat as you take a tight turn at speed. Also, if you spend time cruising down the middle of the road, it’s better to have at least one seatbelt to comfort you.

When seatbelts were made mandatory, some people complained that its use increased the chances that you'd get hurt. As they said, when there would be a fire, you won't get out in time. Others claimed that wearing seatbelts increased pedestrian fatalities because it made overconfident drivers to go faster. They really hated to wear them and only did it when the fines were large and frequent enough. Aside from being fined, drivers and passengers caught without seatbelts could also lose out in court in accident scenarios.

Take into account the result of every investigation after an accident, especially the severe ones – we can see that the wearing of the seatbelt is always an issue. In fact, the accident investigators could tell whether a certain individual was wearing a seatbelt or not based from the blood scatters and impact marks inside the vehicle. At any reasonable speed, it's simply not possible to hold on and resist the force of the impact. It’s expected that the head makes a very distinctive pattern when it strikes the windshield.

After all, to wear seatbelts or not is still left for you to decide on. But, you must remember that there are consequences to those people who don’t want to wear them. Always keep in mind that a driver who wears a seat belt is held in place and can continue to control their vehicle after the initial impact. A belted passenger, on the other hand, will not be thrown into the path of otherwise uninvolved cars. With this, the chances of injury are relatively small when you’re using a seatbelt. That, combined with the privilege to operate a motor vehicle on a public road, makes it understandable for the government to require the use of safe and legally sound seatbelts.

Indeed, a seatbelt is such a small thing. And, it’s quite overwhelming because of the fact that it can definitely save your life in an accident. However, almost everyone agrees that seatbelts can save lives but still many people don't bother to use them, especially those in the back seat.

Where To Get Legal Representation For Your Injury Claim

2005-01-23T23:48:00.000-08:00

Where to Get Legal Representation for Your Injury Claim
By Granny's Mettle

Nowadays, getting legal assistance and representation are so costly that many are finding other ways to look for cheap and sometimes "free" legal advice. The Internet is filled with online sources and legal websites that offer supposedly free legal counsel.

Quite a few sites actually, offer detailed analysis of situations most often for free, or sometimes for a minimal fee. Many of them entertain legal queries. However, the legal advice that you may get from these sites are not reliable, and most of the sites even have a disclaimer on the advice provided.

Nothing beats advice coming from a reputable and knowledgeable lawyer. Here are some ways to help you find a good, experienced personal injury lawyer, whom you feel you can trust:

Innie Minnie Miny Moe… Who do you refer?

Getting referrals on experienced lawyers is easy. However, you need to meet with each of them to discuss your claim before you decide to hire someone. And be prepared to get rejected. Remember that lawyers are practicing their profession for their own gains. Many do not take cases if they fall below a certain potential recovery amount. In addition, there are also those who reject claims that are not crystal clear. So make sure you have everything in place and all the information when you meet with the potential lawyers.

You can get referrals from (1) friends and acquaintances, (2) other lawyers, and (3) referral services. Talk with friends or acquaintances who have been represented by a lawyer in their own cases. If they have nothing but good things to say about a lawyer, put him/her on the list. Discuss your case with that lawyer and decide if you feel that you will be comfortable working with him or her.

Other lawyers you know would also be able to make referrals of other lawyers. They usually confer cases with one another so most of them may know someone who can handle your case.

On the other hand, most bar associations have referral services where names of lawyers and their specialties are available.

Let's discuss the problem…

As with all referrals, discussing your case with each of the lawyers will help you determine the best representation that could handle your personal injury claim. Bring all pertinent documents from the police report, to medical bills and correspondences with the insurance company. Most lawyers do not charge at the initial consultation. Nevertheless, there still those who already want to charge for discussing whether or not he or she will take the case. When this happens, it's time for you to go look somewhere else.

His/Her General Experience…

You need to know a few basic things about your potential lawyer. These include: (1) How long has the lawyer been in practice; (2) What percentage of the practice involve personal injury claims; (3) Does the lawyer practice as a plaintiffs' or defendants' representative; and (4) Would he or she personally handle your case. If not, then find out who would be dealing with you directly, and ask to meet that lawyer. It's not uncommon for more than one lawyer in a firm to handle the same case. Often, less experienced attorneys handle routine tasks.

How much is it worth?...

After discussing the facts on your case, it's time to move on to how much he or she thinks your case is worth. In addition, ask your potential lawyer how difficult he or she thinks it may be to get the insurance company to pay the amount. This is the time to let your lawyer know what it is you want him or her to do for you.

In the end, getting your lawyer to represent you depends on your needs and wants. So don't confuse the information you get from the Internet with true legal advice. Obtaining advice and representation from a licensed, practicing lawyer is still the most reliable means when you're facing a particularly serious or complicated injury claim. As in any other regular hiring process, just remember to interview first before you decide. If you feel confident with a lawyer's experience and his ability to handle your case, chances are you found the best lawyer for you.

How Much Would It Cost To File Your Personal Injury Case

2005-01-23T23:34:00.000-08:00

How Much Would It Cost To File Your Personal Injury Case
By Granny's Mettle

Figuring out how much one could expect from an insurance company is mind boggling. You've been computing your damages over and over again, and when you thought you got the numbers down pat, lo and behold! The insurance company thrusts an amount that's different from your expectations. In fact, it may have been a little bit lower than your computations.

So after everything-- you got your claim, thanks to your lawyer-- now, you have to think about the costs that were incurred when you got your legal representation. And mind you, it's a known fact that legal fees are usually high and the rates are often outstanding. So how much does it cost to hire a lawyer?

Bill against work done.

Providing a retainer to the law firm is one option of getting your lawyer paid. This means that the client (you) provide the retainer fee which will be based on the work done on the file. Most often, this is the hourly rates of lawyers. The retainer is intended to cover both legal fees and expenses as the case progresses. However, whatever legal fees and disbursements outside of the case are not included in the retainer fee. This is aside from other basic fees or disbursements such as courier charges, court filing fees, and the cost of any medical legal reports which are not covered by the insurer. The size of the retainer and the cost of disbursements will vary depending on the circumstances, including the seriousness of the injury. It is best therefore to come in for a consultation to obtain information regarding this matter.

A percentage of the award.

This involves payment of a certain percentage of the award from the insurance company. The percentage will vary depending upon whether the matter has been settled before it reaches the Court. In addition, you are still required to provide your lawyer payments for disbursements actually incurred on the case. Again, your lawyer can advise you as to the amount involved.

One legal site gives this advice when hiring a lawyer: "It is highly recommended that at the outset of the file, the client enter into a signed retainer agreement with the lawyer covering the financial as well as other terms under which the lawyer is being hired… Such agreement will go a long way towards preventing disagreements later… when both the lawyer and the client may have a less than perfect recollection of the original agreement."

It's Not My Fault!

2005-01-19T23:45:00.000-08:00

It's Not My Fault!
by Granny's Mettle

Figuring out who is at fault during traffic accidents depends on who was careless or "negligent". In legal terms, a person is "negligent" when there is failure to use reasonable care. If a person fails to act carefully and sufficiently in a matter in which he or she has a moral responsibility, that person is considered "negligent". It is a departure from what an ordinary reasonable member of the society would do in the same community.

However, determining negligence is a gray area when it comes to deciding whose fault it is when accidents occur. In many cases, intuition usually tells when a driver, cyclist or pedestrian acted carelessly, but not what rule or regulations have been violated.

When trying to get support to your claims from an insurance company, a number of official support can help a great deal. It is easier to tell that you're not at fault when…

… the police report says so.
A written accident report from the police can serve a great deal of support in showing that the other person was at fault. When there is an injury during the accident, there is an increased probability that the police would be taking down notes and file the report later.

The statements in the report may range from the officer's opinion of who is at fault, or who violated a specific traffic law that caused that accident, or even that the officer issued a citation. Other times, the report may merely mention negligent behavior without plainly stating that the violation caused the accident.

Regardless, any mention in a police report of a traffic law violation or careless driving of a person other than yourself, can show that the other person is at fault, and serve the purpose of supporting your claims.

For a copy of that report, you may ask the traffic division of your police department.

… stating traffic laws.

Another great support for your argument would be in the state laws that govern driving. Each state has its rules of the road contained in its statutes. Usually known as the Vehicle Code, a simplified version is often available at a local Department of Motor Vehicles office. Aside from the Department of Motor Vehicles office, your public library and all law libraries has a complete version of the Code. In addition, you could also browse in the Internet for your state's Vehicle Code.

In the index, look for listings of rules that may apply to your accident. You could even ask the assistance of your local librarian to help you with your research. Just remember to copy not only the exact wording of the rule that may apply to you, as well as the statute number. You can refer to this easily when the time comes that you are negotiating your claim with the insurance company.

… there's "No-Doubt" about it.

There are certain kinds of accidents that provide a "No-Doubt" Liability when claiming insurance. When this kind of accident happened, 99% of the time, the other driver is considered at fault. The insurance companies hardly bother to argue about it. Such "No-Doubt" situations occur on:

Rear-End Collisions
It is never your fault, when someone hits you from behind, regardless of why you stopped. A basic rule of the road states that a vehicle should be able to stop safely if traffic is stopped ahead. If it cannot stop safely, the driver is not driving as safely as the person in front.

Another sure-fire evidence of the rear-end collision is when your rear end is damaged and the other driver's front end is also damaged. There can be no doubt on who struck whom. The driver of the car that hit you may claim against someone who caused you to stop suddenly, or against a third car that pushed his car into yours. No matter. That doesn’t change his or her responsibility for injuries to you and damage to your car.

However, there are still a few circumstances that your own carelessness may reduce your compensation. This is under the rule of "comparative negligence." This may apply in situations such as when one or both of your brakes or tail lights were out, especially at night.

Left-Turn Accidents
The rule says that a car making a left turn is almost always liable for a collision with a car coming straight in the other direction.

Still, there are exceptions to this rule, however rare and difficult to prove. The car making the left turn can be excused when (1) the car going straight was going well over the speed limit; (2) the car going straight went through a red light; and (3) the left-turning car began its turn when it was safe, but something unexpected made it to slow down or stop. The third exception is extremely difficult to use because of a basic rule: that the car making the left turn must wait until it can safely complete the turn before moving in front of oncoming traffic.

In addition, the location of the damage on the cars in rear-end collisions sometimes make it difficult for the driver to argue that the accident happened in some way other than during a left turn.

All in all, it is easy enough to say that the other person is at fault. Although it seems complicated at times, most often, it is simple common sense that makes the difference.