A recent Nolo/Lawyers.com survey revealed that having a lawyer on your side can indeed make a big difference: 74 percent of respondents who had a car accident lawyer on their side received at least some amount of compensation in their car accident claim, while only 54 percent of those handling their own claim saw a payout.
The "settle or sue" question usually boils down to money—more specifically, the delicate balance between what the insurance company is offering and what you (and your lawyer) believe when it comes to what your car accident case is worth. If your lawyer believes your case is worth significantly more than what the insurer is offering, and that it's unlikely the insurer will …
Your lawyer should: acknowledge that you are in charge tell you what to expect explain when things should happen tell you what's important in your case estimate what things will cost help you analyze the cost-effectiveness of various strategies explain delays or date changes explain what your case is worth
Apr 11, 2017 · There are three main benefits to a No Contest plea on a traffic offense: (i) It does not assess points against your Georgia Driver’s License, (ii) it is not an admission of liability that can (and will) be used against you in the event that you are sued due to your involvement in a traffic accident and (iii) in some situations, pleading Nolo will save your license from …
The lawyer can walk you through the process, alert you to potential pitfalls, and give you an honest appraisal of whether you can handle the case on your own. When to Hire a Lawyer. The moment any complexity arises in your case is the moment you should hire an attorney. Here are some examples of situations that call for a lawyer's intervention ...
As a general rule, you may be able to get by without an attorney if all of the following statements are true: 1. You suffered a minor workplace inj...
In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence ne...
The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostl...
When you hire a lawyer, it's important that your fee agreement is in writing and that you understand it. It's a simple way to avoid a common cause of contention with clients—the legal bills.
You should: follow through on what you agree to do. prepare a written summary and chronology of events. tell your lawyer everything. understand that your lawyer has a duty to keep whatever you say confidential. inform your lawyer of new developments. respect your lawyer's time and schedule.
Bar associations tasked with monitoring attorneys go after lawyers who steal or violate specific ethical rules—not lawyers who just aren't very good. Part of the reason is that what constitutes a "good job" is somewhat relative. For instance, a client might expect an acquittal in a criminal case.
When you initially retain counsel, your lawyer should: explain the options available in your legal matter. discuss strategy.
Communication problems create problems in all types of relationships—including between an attorney and client. If you don't know what's going on in your lawsuit, you might assume you have a bad lawyer. To the contrary, your attorney could be doing a great job. Either way, a lawyer who doesn't communicate case progress is invariably increasing, not decreasing, your stress.
For instance, it's common to hear less frequently from a lawyer who is in trial. But someone in the office should be able to explain when you'll hear from your attorney and assure you that the office is handling your case appropriately. Find out how to hire the right attorney.
For instance, a client might expect an acquittal in a criminal case. However, other private criminal attorneys might consider a reduction from a felony to a misdemeanor charge a job well done.
You may plead No Contest once every five years and it is within the Judge’s discretion as to whether to accept a No Contest plea in your case. So, it is important to ensure that using your Nolo plea has a tangible benefit for your traffic citation.
There are three main benefits to a No Contest plea on a traffic offense: (i) It does not assess points against your Georgia Driver’s License, (ii) it is not an admission of liability that can (and will) be used against you in the event that you are sued due to your involvement in a traffic accident and (iii) in some situations, pleading Nolo will save your license from suspension.
This is where people most frequently misuse use a Nolo Plea. In theory, you do not get points on your license if you plead no contest to a traffic offense. However, your goal isn’t to avoid the points. You want to ensure that your insurance rate is not increased due to your citation.
Here are some examples of situations that call for a lawyer's intervention: Your employer denies your claim or doesn't pay your benefits promptly. Employer s and workers' comp insurers routinely reject bona fide workers' comp claims, confident that many workers will fail to appeal. Unfortunately, they're usually correct.
A knowledgeable workers' comp attorney is essential in cases involving permanent injuries or illness. You receive or plan to apply for Social Security disability benefits.
If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers' comp claim, contact a workers' comp attorney immediately to protect your legal rights. You were injured because of a third party's actions or your employer's serious misconduct conduct.
If you can't agree on a good settlement, an attorney can prepare for and represent you at the hearing or trial. Learn more about what a good workers' comp lawyer should do and what to look for in a workers' comp attorney.
Although workers' comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it's not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.
Hiring a workers' comp attorney costs nothing up front (more on that later), and it gives you the best chance to receive a fair settlement or award for your injuries. Your employer's settlement offer doesn't cover all your lost wages or medical bills.
When You Can Probably Represent Yourself. As a general rule, you may be able to get by without an attorney if all of the following statements are true: You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches. Your employer admits that the injury happened at work.
The officer can: provide or call for emergency medical care (of course, if there are serious car accident injuries, someone should call 911 as soon as possible, before calling the police) investigate and document the potential cause of the accident.
In most states, when a car accident results in injuries, and/or causes vehicle damage over a certain dollar amount, law enforcement must be notified. In any case, a trained law enforcement officer (from the local police or sheriff's department) can be an invaluable source of help and information in such a confusing situation. The officer can:
If you are suspicious about the information you are getting, call the other driver's insurance company from the scene of the accident to verify for yourself that the other driver has given you accurate information. But only verify coverage. Don't give accident details to the other driver's insurance company. Not yet.
Sometimes, people -- such as drivers who don't have car insurance -- will give false information if you don't verify what they are telling you. If they won't verify their information, call the police and insist that the driver stay until the police arrive.
Even after a minor accident, a police officer can help you sort things out, and document what happened in case that becomes important in the future. However, in many metropolitan areas, the police probably won't come to the scene of your minor fender-bender.
A lawyer can also advise you about your potential eligibility for other benefits, including vocational rehabilitation assistance, wage reimbursement, long-term disability insurance benefits , state short-term disability , and Social Security disability.
At the hearing, your lawyer will present a "theory of the case" ( why you should get benefits) to the judge, make opening and closing arguments, examine witnesses, and raise objections when the insurance company does something improper. If you're not satisfied by the result of your hearing, your attorney can help you appeal the decision.
If you're unable to reach a settlement, your case proceeds to an administrative hearing or trial before a workers' comp judge. During the " discovery " (or investigation) process, your attorney may take depositions of witnesses, request your medical records, perform legal research, write your " pleadings " (petitions, motions, and responses to the insurance company), and make sure that everything is submitted on time. At the hearing, your lawyer will present a "theory of the case" (why you should get benefits) to the judge, make opening and closing arguments, examine witnesses, and raise objections when the insurance company does something improper.
When it's time to negotiate with your employer's insurance company to reach a settlement, a workers' comp attorney has the advantage of being able to estimate how much your case is worth—that is , the amount of benefits you should receive, based on a number of factors, including:
Many states strictly limit the amount workers' comp lawyers can charge, with fees often capped at 10 to 20 percent of your benefits.
Insufficient medical evidence is probably the most common reason workers' comp claims are denied. Even if your claim is approved, you're more likely to receive all of the medical treatment you need—and all of the other benefits you deserve—if you have strong medical evidence that supports your case.
During the " discovery " (or investigation) process, your attorney may take depositions of witnesses, request your medical records, perform legal research, write your " pleadings " (petitions, motions, and responses to the insurance company), and make sure that everything is submitted on time.
A lawyer can help you make difficult decisions about your employees. Firing. Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior.
A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers , such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court.
If a current or former employee sues you, speak to a lawyer right away. Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -- and to preserve evidence that might be used in court.
The time limits for taking action are very short -- many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as your receive notice of a lawsuit against you, begin looking for a lawyer. Claims and complaints.
After all, lawyers don't come cheap. If you run to a lawyer every time you have to make an employment-related decision, you will quickly go broke. The trick is to figure out which situations require some expert help and which you can handle on your own.
Even the most conscientious employer occasionally needs help from a lawyer. Although you can handle many employment matters on your own, some issues are particularly tricky and will require some legal expertise. Employment law can change rapidly.
You can also ask a lawyer to give your employee handbook or personnel policies a thorough legal review. First and foremost, a lawyer can make sure that your policies don't violate laws regarding overtime pay, family leave, final paychecks, or occupational safety and health, to name a few.
Perhaps the most important way an attorney can help you with your car accident case is by being your advocate. This means that your attorney acts on your behalf and for your benefit throughout the entire claims process (negotiating with the automobile insurance company) and even in court if a lawsuit becomes necessary. He or she will be your champion before the judge, jury and other attorneys, making sure that your side of the story is heard and that you are compensated for all of your losses.
Hiring a personal injury attorney to represent you after a car accident means you will have a professional working for you -- one who is extremely knowledgeable about the relevant laws and procedural rules that may affect your case.
For instance, in many states you must file your lawsuit within two years of your car accident or be forever prohibited from filing your lawsuit. An attorney will also be able to inform you about any special exceptions to the statute of limitations -- for minors, for example.
Your attorney can file a lawsuit on your behalf and will know how best to mitigate any possible defenses raised by the other side. In addition, once your case gets under way, your lawyer will play an invaluable role in preparing your case for trial -- and even going to trial if your case doesn't settle.
Usually, car accidents in volving serious or long-term injuries require an attorney to get the most desirable outcome.
After you have been in a car accident, taking on this time-consuming work may be the last thing you want to do, assuming you're able. An attorney can do it all for you.
If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.
If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.
The biggest benefit to you is that an experienced attorney quickly recognizes any potential hiccup that could arise during your case and will plan accordingly. Here's a sampling of the value a qualified consumer bankruptcy attorney will bring to the table.
Your attorney will know what you must disclose, how to value your assets, what constitutes income, which of your expenses are "reasonable and necessary," which tax returns to supply, and a host of other issues. Guide you through the bankruptcy case.
Some creditors just don't know when to quit collecting. If a creditor violates the automatic stay (the injunctive order that prohibits collection activity after the filing of the case), your attorney can demand compliance or ask the court to hold the creditor in contempt. Negotiate with your creditors.
Bankruptcy Preparation: Apply the means test. The means test calculation indicates whether you qualify for a Chapter 7 bankruptcy or whether you can afford to make payments in a Chapter 13 case. An attorney will understand how to use any special circumstances you present. Value your property.
Bankruptcy might not be the only way to achieve financial peace. If bankruptcy is not the best choice, your attorney will suggest an appropriate bankruptcy alternative. Decide which type of bankruptcy to file. Chapter 7 and Chapter 13 accomplish different goals and serve different purposes.
Even so, sometimes things occur afterward that need attention (although this is rare). Your attorney can help resolve post-bankruptcy discharge violations if a creditor attempts to collect a debt that was wiped out by the bankruptcy. Also, many attorneys provide guidance on rebuilding credit.