For the majority of people who have not necessarily gone to law school or become experts in the field of personal injury law, understanding a claim is difficult at best. People typically don’t know the full extent to what is involved in their accident claim, especially in situations where they are involved in an accident that was not their fault.

And so, in not understanding the complexity of these types of cases, too many people try resolving their disputes themselves and end up putting their cases in jeopardy in the process. By moving forward with a claim that you are not entirely sure about, you could easily be putting yourself at an extreme disadvantage.

At the same time, you have insurance companies that are trying to do one thing—and that thing is settle a claim for as little as possible without paying what they are obligated and required to pay.

You have to understand, insurance companies are in business to do one thing, and that is to make money. The way they make money is by collecting as much as possible from premiums and paying out as little as possible to their customers when they have a claim. It’s simple economics. Their only incentive, then, when someone makes a claim, is to pay out as little as possible on that claim.

The bottom line comes down to this: The only way you can have any leverage in the whole process is by having an attorney who knows how insurance companies work and who knows what each person is entitled to in the specific case on your side. In order to equalize the field, or level the playing field, you need to have someone representing you who knows how to obtain fair and equitable compensation in personal injury cases.

Many times, insurance companies will play the good guy role, pretending that they’re on your side to get you to give them a recorded statement. In other scenarios, they might be trying to talk you into turning over valuable documents or evidence to them. The reason they do this is because they know that when a person is not represented by an attorney, he is more likely to immediately hand over any requested documentation or evidence to the insurance company than when they are represented. The only reason an insurance company will play the “good guy” role is to get evidence to hurt the claimant’s case and lessen the amount that they end up paying out.

Without that insider knowledge—along with the experience and training that comes with years of experience as a personal injury attorney—individual consumers who are left to their own devices against the massive insurance companies will always lose. It is that simple, really.

Insurance companies have no incentive to pay the full value of a claim when you are not represented by an attorney because they know that you have no leverage in the case. And without the knowledge, training and experience to back you up, there is little you can do to dispute the verdict that an insurance company hands out.

That in itself is why it is important that individuals hire an attorney when they have been involved in any type of accident. It is not about putting yourself at some type of advantage, it is just about putting yourself on a level playing field with the insurance companies and getting the award settlement that you deserve.

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As criminal defense lawyer Henry Wade of The Wade Law Firm in Texas explains, it is possible to get a previous charge expunged from your public record. Following an expungement, all public records or references of your charge must be destroyed.

Expunging your record

The only way to get a charge expunged from your record in Texas is if you were found not guilty of the crime, warns Wade. If that’s the case, then you can file a petition with the courts to get the charge permanently erased. If your petition is granted, then from that point on you can rightfully deny ever having been arrested for a crime when it comes up on employment applications.

If your original court case was dismissed due to lack of evidence or for any other reason, then you will have to wait for the statue of limitations to run out before you can apply.

Order of non disclosure

If you were not acquitted of the charges in your case, then there is still an alternate route for you referred to as an Order of Non-Disclosure. As Mr. Wade explains, there are two possible scenarios in which this would apply to you:

• If you were placed on probation for the crime instead of being found guilty, then you can have your record sealed.
• If you received a deferred adjudication then you are also eligible for an order of non disclosure. A deferred adjudication is a plea bargain. It means that during the proceedings of your case, you deferred the finding of guilt and were ordered to complete a task for the court as opposed to jail time, like community service.

What’s the difference?

It may seem that expunging and obtaining an Order of Non-Disclosure are the same, but they do differ, assures Wade. If you qualify for getting a charge expunged, then it is completely erased from your record and cannot be held against you in future prosecutions. With an Order of Non-Disclosure however, your record is just sealed, not destroyed. So it is possible for law enforcement to reopen the record and present it against you in any future cases you are involved in.

Do I need a lawyer for this to take place?

Hiring a lawyer in either case is always beneficial to you for a number of reasons.

1. Your lawyer will be able to obtain a copy of your record, review it with you and determine whether you are eligible for either expungement or an Order of Non-Disclosure.
2. They will be able to make sure that everything is filed correctly so that request does not got dismissed due to small errors on the paperwork.
3. A qualified lawyer will be able to handle questions from the district attorney on your behalf, and if need be, he can also argue your case in court.

What will it cost?

The process of getting your record sealed is not too costly and includes any lawyer fees and a court filing fee of around $300.

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Specific experience
Many attorneys like to boast experience in an array of legal matters, but in reality, no attorney can claim to be an expert on each and every legal issue. Choose someone with a proven track record in dealing with the specific issue you’re facing. If you were recently caught driving under the influence of alcohol, then you’ll want to hire an attorney who has experience with that particular area of the law. Don’t be afraid to ask an attorney to prove that he is experienced in your issue, and don’t shy from asking for a summary of his track record. It is an attorney’s job to demonstrate that he has the ability to serve you well, and any attorney who can’t back up his claims with facts might not be worth your money.

Free consultations
A good attorney will offer free consultations to clients who are unsure as to whether or not his services will benefit them. The purpose of an initial consultation is to allow the attorney to establish his credentials, review the basic facts relating to the legal matter in question, outline a strategy, and provide you with an estimated cost of services so that you can make an informed decision as to whether or not you wish to proceed. To charge you for such information would really be to take advantage of the situation at hand. If an attorney refuses to provide a free consultation, take it as a sign of things to come as far as the rest of his service fees go.

Reasonable fees
While different legal matters demand varying degrees of compensation, a good attorney will keep his fees relatively in line with those of comparable lawyers in the same local area. As a client, you shouldn’t be afraid to do some research in order to ensure that you’re getting a good deal. The more basic the service, the less disparity there should be between competing attorneys in the same market. If you happen to stumble upon the one attorney who believes in service fee markups, then you might be better off taking your business elsewhere.

Flexible hours
Many legal matters are expensive enough on their own without putting you in the position of having to take time off from your job just to deal with them. A good attorney will understand the financial and logistic difficulties involved in missing work, and will therefore offer evening and weekend hours so that a legal issue doesn’t have to interfere with your job performance.

Attention to detail – and to you
A good attorney will make you feel like you’re getting the attention you deserve throughout the process of dealing with the matter in question. This includes promptly returning phone calls and taking the time to get all of the facts before proceeding on any given issue.

By knowing what to look for in an attorney, you’ll be better equipped to choose the one who will best serve your needs and your budget. Remember that as a client you have the right to a good attorney, and you shouldn’t have to settle for anything less.

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How do I know if I have a strong personal injury claim? Personal injuries can include physical harm, mental distress, invasion of privacy or intent to harm, whether purposefully or through negligence. Negligence is roughly defined as conduct that does not adequately protect persons from foreseeable harm, or personal injury. At issue here is whether not only the defendant, but also the plaintiff, acted in a “reasonable manner,” a term which is admittedly open to a lot of interpretation.

For instance, if you slip on a banana peel in a supermarket, the owner may claim you were being negligent in not watching where you were going. But there are also fair arguments you could make for negligence on the part of the defendant in the same case. For example, supermarkets spend a lot to get you to look everywhere but down, so how can they blame you for not noticing the banana peel? Now let’s say instead of a banana peel, you slipped on some water instead. If this water spill was on the floor for an extended period of time, you could prove negligence by poor maintenance.

Should I take on my personal injury lawsuit on my own or hire a lawyer? It is possible to represent yourself in a personal injury lawsuit and get a desirable outcome if you do your homework and fight for the compensation you deserve, but the outcome is positive in only a small number of cases. This is partly because of the experience a lawyer brings to the table—an attorney will be familiar with the personal injury lawsuit process and will be able to help you get damages you might not even know you’re entitled to—but also because simply having an attorney represent you and pose the risk of going to trial typically generates more generous settlement offers. A good lawyer should know when to settle, but never take the possibility of going to trial off the table—lawyers who tend to settle personal injury cases embolden insurance companies.

What should I do immediately after suffering a personal injury? If you have suffered a personal injury, seek medical attention. Don’t listen to anyone who tells you not to call an ambulance or the police if you require medical assistance. And if you are able, take a written and photographic record of the scene of the injury and all relevant details, and from as many angles as possible. If there are witnesses, be sure to get statements. As soon as you are able, contact an attorney (many offer free consultations), and do not by any means agree to any settlement or agreement without first speaking to a lawyer.

What’s the deadline for filing a personal injury lawsuit? The deadline, or statute of limitations, differs from state to state. In some states, you will lose your right to sue after a year, in others you will have up to six years. In either case, there is no reason to put off speaking with an attorney and taking immediate action to secure any damages you deserve. And, again, make sure you don’t put off getting medical attention. Not doing so can hurt your case. And if you see a doctor, be sure to follow all his recommendations, not only for your health, but also to help you build a case no insurance company will be able to poke holes in.

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Regardless of whether you are representing yourself in a personal injury case or have professional legal aid, it’s important for you to understand as much as you can about the process to help you understand all your options and successfully fight for the damages you deserve. The problem is that terminology in legalese can be hard to understand, and sometimes it purposely complicated by insurance companies to confuse claimants and deter people from even filing personal injury claims in the first place. If you’re filing a personal injury claim or lawsuit, arm yourself with an understanding of some of the more common terms and phrases you’re likely to encounter in the process.

Assumption of risk:
Assumption of risk is a defense used in personal injury cases where the plaintiff was involved in and aware of their involvement in a risky activity. In cases where there is a reasonable assumption of risk on the part of the plaintiff, the defense cannot be held liable for that harm should it occur. The assumption of risk defense is most commonly used when people get injured while participating in extreme or dangerous sports such as skydiving, scuba diving and bungee jumping.

Damages:
As it concerns personal injury law, damages are the award or remedy received by the plaintiff as compensation for injury, pain, suffering or other losses.

Deposition:
After you file a personal injury lawsuit, the defendant has a right to ask you about all the circumstances revolving around your injury. This testimony will be usable in court, and the process of obtaining said testimony is the deposition. It’s important to be accurate about every detail and go over this process with an attorney to help you avoid the stumbling blocks you are likely to encounter. To use an exaggerated example to illustrate how your deposition can be used against you, take a case where a plaintiff says, “I fell off loose scaffolding at my job as a construction worker. Sure, it was nice to get a break after my injury, but I would have never dreamed of injuring myself to sue for damages.” Guess what part of that testimony the defense will play in court? That’s right: “It was nice to get a break after my injury.” This is just one more instance where having an experienced lawyer on your side can help you level the playing field when going against an insurance company.

Negligence:
In the simplest terms, negligence is when one party fails to exercise proper caution. When negligence leads to an injury, there is a foundation for a personal injury claim. Since the term negligence is open to broad interpretation according to this definition, the plaintiff has to establish negligence by proving that the defendant was required to take cautionary action to prevent a certain injury. For instance, many personal injury lawsuits stem from slip and fall accidents when property owners negligently overlook snow or ice-covered sidewalks or other public property.

Strict Liability:
Did you know that it’s not always necessary to prove negligence in order to win a personal injury case? In certain instances, the defendant can be held strictly liable for any harm caused to the plaintiff, even when he or she has taken reasonable precautions to prevent accidents and injuries. This is true with defective or harmful products and with companies that work with explosives, wild animals or other dangers that pose undue risk. The idea behind strict negligence is that some business practices should not be encouraged but also not prohibited. In these cases, it falls upon the business to assume strict liability for any practices that may cause unnecessary harm.

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• A common myth about personal injury law is that it is always better to settle out of court than to risk losing in trial. While it is true that risks are involved with taking a personal injury case to court, but the fact that an insurance company is offering a settlement alone is a sign that they consider going to trial a risky proposition. Furthermore, if you choose a lawyer who never goes to trial and typically settles personal injury cases, you can bet that any settlement offer you might receive would be lower than if your lawyer posed the risk of taking the case to trial and winning. However, every case is different. Sometimes it is indeed in the client’s best interest to accept a settlement offer, especially when it is fair or when a client has other reasons for wishing to avoid going to trial.
• In most cases, you need to prove negligence on the part of the defendant in personal injury cases. However, there are certain exceptions that concern the matter of strict liability. Strict liability means that a party can be liable for a personal injury regardless of negligence in certain cases, for instance, if the party is involved in a product malfunction or is conducting dangerous business practices, such as storing explosives or training wild animals.
• According to the National Center for Injury Protection and Control, approximately 25% of American children are injured every year, and car accidents are the biggest cause of personal injury and death in child passengers. To protect your children, correctly installing a quality child safety seat in your car, teach your child to look both ways before crossing the street and keep dangerous substances such as medicine and chemicals locked away. But perhaps most importantly, make sure not to leave young children unattended and always know where your older ones are (well, as much as possible).
• The largest settlement ever awarded for an injury was $15,350,000. The damages were awarded to a mother and son from Aurora, Illinois, in a birth-injury settlement following a malpractice lawsuit against a doctor who allegedly endangered the son’s life during childbirth with an incorrect delivery procedure. According to the plaintiff, the son developed cerebral palsy as a result. The settlement also includes damages for suffering and is being used to fund the boy’s medical care. Now before some of you think this mother and child hit the jackpot, ask yourself what price you would put on your mental health.

  The information in the article is not intended to substitute for the medical expertise and advice of your healthcare provider. We encourage you to discuss any decisions about treatment or care with an appropriate healthcare provider.

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According to the Occupational Safety & Health Administration, over 5,000 workers die on the job and over 4 million employees suffer occupational injuries and illnesses yearly.

That’s where workers compensation comes in: Workers Compensation is designed to benefit both the employer and employee by providing the employer with an assurance that he won’t be sued and by providing the employee with damages, a legal term for compensation in a personal injury case.

The particulars of Workers Compensation Law differ from state to state—for instance, employers in Florida who have workers compensation insurance are immune from workplace injury lawsuit. But as long as your injury arose out of an accident at work or work-related activity you will be able to seek compensation.

If your employer has Workers Compensation insurance, he will be protected from legal action—in most cases. The exception is when an employer purposely attempts to hurt an employee.

If you have suffered a workplace injury, you may be entitled to Workers Compensation or other forms of remuneration. In order to protect your right to compensation, take the following steps as soon as possible after the injury:

1. Get medical help. Depending on the injury, this can range from getting a first aid kit to calling the police or an ambulance. Not seeking medical attention will make it seem that your injury was not dire.
2. Talk to witnesses. Write down the contact information of relevant witnesses, and in the case of a car accident, also write down all license plate numbers and the Vehicle Identification Number (VIN).
3. Take photos. Photographs don’t lie, which is why they can be the strongest part of a claim. Take pictures of the injury, the scene of the injury (from all angles), the cause of the injury and any property damage.
4. Cooperate with first responders. If a police officer or EMT arrives at the scene, answer all their questions. This will serve as an additional record of your injury.
5. Call your attorney. Insurance companies are notorious for finding loopholes to refuse claims. As an example, a McDonald’s employee, Nigel Haskett, who was shot on the job, was denied his Workers Compensation claim, leaving him with $300,000 in medical expenses. Nigel was shot in the process of pushing a man out of the store who was attacking a customer. So why was his claim denied? According to McDonald’s Workers Compensation plan, “Mr. Haskett’s injuries did not arise out of or within the course and scope of his employment.” The point of this story is: Don’t expect your Workers Compensation insurer to be compassionate. Call an attorney immediately and level the playing field. Don’t skip this step. Workers Compensation Law is highly complex, making it hard to represent yourself. While it is entirely possible that you are able to effectively represent yourself, the intricacies of Workers Compensation Law are beyond most people’s expertise.
6. Notify your employer about the injury and file a claim. Failure to let your supervisor know about an injury within 30 days of its occurrence can cause you to lose the right to file a compensation claim. If the injury is a disease, the statute of limitations is 2 years. You can file your claim by filling out the appropriate form—these differ from state to state—at a Workers Compensation Board (an advocacy group) in your area.
7. Make sure you don’t apologize for anything to anyone or discuss fault—this can be used against you when you file a claim—and don’t agree to a settlement without first speaking to an attorney.

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A lot of myths are floating around regarding personal cases, settlements and the parties involved. Sometimes these misconceptions cause people to have unrealistic expectations for what to expect from a personal injury claim, and sometimes they have the opposite effect and cause people to hesitate to file a just claim or rush to accept a settlement. You might not be surprised to learn that many of these myths are perpetrated by insurance companies, since they have the most to gain from discouraging people with legitimate costs and losses from pursuing compensation for a personal injury. The following are some of the more common myths about personal injury law.

Myth #1: Punitive damage awards serve no purpose other than to line the pockets of plaintiffs.
Fact: Some people’s immediate reaction to hearing about cases that pay out in the millions is that the injured party can’t possibly deserve that much money. But punitive damages are only awarded in cases where there was intentionally egregious conduct on the defendant’s part. So the purpose of punitive damages is to punish and deter such behavior more than to reward the plaintiff. The occasional windfall a plaintiff may receive from punitive damages, and these windfalls are indeed rare, is actually promoting safe consumerism.

Myth #2: Getting injured is like winning the lottery.
Fact: Insurance companies and others in favor of caps on damages like to make it seem like juries are anxious to give away money to plaintiffs. But the fact is that juries can be quite resistant to awarding large sums of money. And in many cases, members of the jury will believe a plaintiff is trying to “game the system,” regardless of the severity of the injury. It’s important to remember that many people actually do suffer real and sometimes disabling or life-threatening personal injuries, and that’s a losing proposition for any plaintiff regardless of payout.

Myth #3: If your personal injury case is legitimate, you can count on fair treatment from the insurance company.
Fact: Insurance companies are just like any other companies, profit driven, except when insurance companies lower their costs they’re affecting lives. Some people assume that insurance adjusters will do the right thing, but this is all too often not the case. In fact, it is the insurance adjuster’s job to pay out as little as possible, and this is the number one reason you need an attorney that will level the playing field on your side.

Myth #4: If you’re offered a settlement, it’s OK to proceed without legal aid.
Fact: Personal injury is a complex area of law that’s beyond the scope of most laypeople. And while you are not legally required to have legal representation for a personal injury lawsuit, an attorney will be able to ensure that your rights are protected in court, that you are aware of what kind of settlement you expect, and deter insurance companies from taking advantage of you in other ways.

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An uncontested divorce is also called a simple divorce, for good reason. It happens when the two parties involved are able to agree on a variety of issues, and it can make the whole divorce process smoother and easier.

It occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support); and (b) your spouse either agrees to the divorce, or fails to appear in the divorce action.

Agreements

If you are going to enter into an agreement, it is important to have it writing. The following is a list of agreements that my firm can prepare for you to ensure that your best interests are protected:

• Prenuptial Agreements
• Leases for Residential and Commercial Property
• Buying and Selling Goods
• Borrowing and Lending Money
• Contract Clauses and Notices
• Releases
• Promissory Notes
• Wills/Living Wills
• Power of Attorney

Alimony or Pension Plan

The help of an attorney is also needed when one partner is asking either for alimony or a share of the partner’s pension plan. This can be a complicated process, and in some cases, it will turn out that the divorce is no longer uncontested.

If you cannot find your spouse, procedures are in place to make the divorce possible. Often this occurs when the two parties have been separated for long periods of time, and one party does not know where the other is residing. When this happens, consultation with a divorce lawyer is also recommended.

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Hiring a qualified lawyer is one of the best things you can do if you have been arrested for allegedly driving under the influence. Many people don’t realize it, simply because they don’t understand how DUI cases work, but a DUI arrest is just like every other crime—it is a criminal proceeding that must be proven beyond a reasonable doubt in court. What that means is that the State has to prove its case against the person who was allegedly driving under the influence beyond any reasonable doubt, using evidence to prove its case.

Unfortunately, because many people do not realize this, what they end up doing is going into the court and pleading guilty right off the bat. A lot of people will tell the court, “Okay, I was drinking,” or “I did this, or this, or that.” But because DUIs are like other crimes and other court proceedings, people have to be careful about what they say. So essentially, what this is like is whether you did something or you did not do something—the prosecution still has the obligation to prove it in the court of law.

Of course, there are a lot of times when maybe you did not, in fact, do anything illegal. After all, the officers may have pulled you over while driving for an illegal reason—possibly they did not have probable cause to pull you over in the first place, or maybe the field sobriety test was administered incorrectly or the breathalyzer test that was used was calibrated incorrectly. Or, even after your arrest has been made, they may have done something during the DUI investigation that was illegal or extensively damaged the legality of their case against you. If this is the case, and something like that has happened, then that piece of specific evidence needs to be thrown out of a client’s case immediately.

When things like this happen, it can become difficult or impossible for the prosecution to convict a client without any evidence showing that any wrongdoing actually happened. But of course, without a qualified attorney representing you, you may have never known that any of that was going on behind the scenes.

So, what I tell people, is that hiring a lawyer is always the best way to up your chances of success in a case that involves driving under the influence, since only a qualified lawyer would know how to spot irregularities that are in fact illegal on the part of the officers or the prosecution. These are things that a typical lay person would have no way of knowing, and they are the exact reasons why I do not advise people to attempt to represent themselves in DUI cases.

While lawyers generally run anywhere from $3,500 to $7,500 in DUI cases—and all the way up to $10,000 in some cases—what I have found is that people are willing to pay what they need to for such important matters. Whether they are paying with cash or on a credit card, people find a way to pay when it comes to hiring an attorney who can help them with their DUI defense.

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