How to Find the Right Personal Injury Attorneys

How to Find the Right Personal Injury Attorneys

Make no mistake about it, if you're just looking to find a personal injury attorney, you can find one. In fact, in many states there are so many attorneys out there that you won't have a tough time finding an attorney. Especially in this economy, the supply is definitely there. In fact, the supply is more than enough to take care of the demand for legal services. The problem is not that there is a shortage of trained attorneys that passed the bar. The problem is finding the right one.

If you have a personal injury claim and you want to find the very best personal injury attorneys for your claim, keep the following in mind. They will, at the very, least help you identify the right providers and possibly guide you away from attorneys that might not be able to help you all that much.

Ask former clients

Your first focus should be to ask for a list of former clients. When you're considering a particular lawyer, ask that person for a list of clients that he or she has handled in the past. Call these people, be random about the people that you call. Try to get a great snapshot of how it's like to work with the particular attorney you are considering.

Look for a specialist

Technically speaking, attorneys can handle all sorts of cases, from drunk driving, to divorce, to wills and trusts to personal injury or criminal defense. If you're looking for a higher likelihood of success, you need somebody who is specialized and focuses on one particular type of case or a limited range of case types. You might want to steer clear of 'jacks of all trades.' Why? The more specialized the person is, the better. The logic behind this is that if this person always deals with specific type of cases, this person would have developed the kind of competency and proficiency needed to win such cases or get really great settlements.

Look for a wide variety of personal injury cases

When you have identified an attorney that has handled lots of personal injury cases in the past, take a look at the kinds of cases that he or she has handled. It's a good idea to work with somebody that has handled a wide variety of personal injury cases. At the very least, this would tell you that this person has worked with many different kinds of insurance companies. This person probably has dealt with all sorts of litigation conditions. While this person is still a specialist, the person's focus on a wide range of the specialized body of law's sub-types will let you know that this person has all the creativity, legal skills and legal training needed to take these cases to their optimal conclusion. The sad reality of legal services is that it's not like going to a store and picking up a product off a shelf. There are just so many different human factors you need to consider but you still need to this because the outcome of your personal injury claim lies in the balance.

Don’t Let Your Social Security Claim Fall Flat

Don’t Let Your Social Security Claim Fall Flat

If you are filing a social security claim in the United States, you have to remember that this federal claims system can be quite convoluted and confusing. There's definitely a lot of special processes that you need to go through, and any kind of administrative claim can be time consuming. You really need the experienced help of an attorney that knows how the process works. You need somebody that is very familiar with the system so that your social security claim can get the best resolution possible. You don't want to deal with somebody that is basically just going to file your claim for you and simply go through the motions. That's not excellent legal representation. You need a champion, somebody who will truly advocate your social security claim.

You need an experienced champion

When it comes to looking for lawyers, doctors, accountants it really all boils down to experience. Anybody could come up with the 'book learning' needed to do certain things. At the end of the day, it's the small nuisances, contingencies and the things that pop out of nowhere that really separates the great practitioners from the not so great practitioners. This is especially true with something that can be potentially highly confusing like social security law. So it's very important that if you want your claim to have a higher chance of succeeding for you to go with an experienced champion. So you need to go with somebody who knows the ropes and who's been around the block several times.

You need someone who knows the process

The key thing about any kind of legal proceeding or claim involving governmental agencies is its process. In many cases, if a certain process is not followed or if certain signals are not sent, you stand the chance of not recovering the kind of recovery you deserve. It is really important to pay careful attention to an attorney's proficiency and experience with the claims process. This person should know how things normally go. If things go wrong, what kind of workarounds are available, so on and so forth. You can't get that out of a book. You can't get that from a law school seminar. You get that from experience.

You need a specialist

The interesting thing about the practice of law in the United States is that, except for specialized fields like income tax and intellectual property, lawyers can pretty much handle all sorts of cases. This can be a good thing, but it can also be a bad thing if you're dealing with a very specialized body of law like social security claims. If you want to increase the likelihood that your claim will succeed, you need to find a specialist. You need somebody who knows the ropes and the important personnel are. At the very least, you need somebody who has actually taken several cases all the way to an administrative hearing and come out on top. The more specialized a lawyer is, the higher the likelihood that you would get the outcome that you are shooting for.

Great Personal Injury Attorneys Can Come from Any Law School

Great Personal Injury Attorneys Can Come from Any Law School

One of the most common myths surrounding personal injury lawyers is that the better lawyers come from the best law schools. Well, I don't mean to burst your bubble, but you don't need a lawyer with a Harvard law degree to get a great recovery from an insurance company. In fact, the law school that a lawyer comes from doesn't really matter as much as the following factors.

If you focus too much on law school or other superficial factors, you might lose sight of the forest from the trees. You might place the wrong emphasis on the wrong factors and end up paying too much for a recovery that is too little. In many cases, you might be better off working with somebody that didn't really come from a distinguished law school, but who knows how to get the job done properly. Instead of focusing on the law school where your lawyer graduated from, keep the following factors in mind.

Negotiation skills

If there is any skill that really predominates the whole personal injury litigation process, it's negotiation. In many cases, the defendants and insurance companies don't really want to go all the way to the jury because they know that depending on the circumstances of your case, the chances of you recovering a lot more money than a settlement is quite high. It's really important for you to pick an attorney that knows to negotiate well. Negotiation is all about reading signals the other side is sending and coming up with your own signals so that the outcome of the negotiation process is closer to the dollar amount that you are shooting for. This obviously can't be taught in a book or cultivated in class. Negotiation skills are something that is developed through sheer practice and experience.

Familiarity with claims systems

Depending on the insurance company the defendant has, the claims process for personal injury cases can be quite convoluted. There can be a lot of bureaucracy and red tape involved. In many cases, certain layers of the claims adjustment process can involve a lot of resistance and also lots of egos. It can be so confusing that in the hands of an unskilled lawyer or a lawyer that doesn't really care. It's just too easy to just take the lowest offer and just be done with it. This is precisely the kind of outcome you don't want. And this is why you need to take your case to an attorney that knows how the claim system works and know the kind of games people play and can roam with punches. You don't want somebody that will basically just throw in the towel at the first signal of resistance. That's not the kind of legal representation you should be looking for. The familiarity with the claims systems and how to deal with them is again not taught in any law school. It's something that is only gained through experience.

Experience is the key

Having great grades in law school is great. Graduating from a big name law school is wonderful. But all that goes away when it comes to personal injury cases because at the end of the day it's all about experience. So make sure that you look for information that would give you peace of mind regarding the appropriate level of the experience of the lawyer that you're dealing with. Otherwise, you might be paying too much money for too little results.

Not All Personal Injury Attorneys are Created Equal

Not All Personal Injury Attorneys are Created Equal

It's very tempting when you're looking for a provider of any kind of personal service, like a new doctor, hairstylist, or even legal services, to think that they are basically the same since the outcome that you are looking for is identifiable and often standard. You think that it's just really a matter of finding somebody that knows what they are doing. Well, if this is how you look at and approach the whole process of finding personal injury attorneys, you might find out the hard way that this is not the case.

Just like with anything else that involves personal skill and competence, you really cannot just reduce your choice to the lowest fees, rates or cost. You can't just assume that the outcome will be the same. You can't assume that because somebody knows what they're doing that you will get the best value for your money. This is especially true for something as crucial as legal services. After all, if you've been injured you need to get the best settlement or the best judgment that you are entitled to. And this all boils down to three key factors that separate the great personal injury attorneys from not so great personal injury law practitioners.

They vary based on creativity

If you'd think of the practice of law as some sort of mechanical process, it is easy you take a set of facts, measure them against the most relevant legal principle, and automatically some sort of judgment comes out of that situation. Sadly, the law doesn't work that way. In fact, really creative lawyers are able to make the best out of a situation whereas a purely draw-by-the-numbers type of legal practitioner might not get optimum results. It all boils down to creativity and ability to look at the whole picture and to see if there are any aspects that have not been fully explored. This truly plays out when it comes to having a demand letter drafted as well as conceptualizing your personal injury case. You might actually have a bigger case than you originally assumed.

Tenacity

Make no mistake about it, the main reason why plaintiffs go to a lawyer in the first place when it comes to personal injury is that they don't want to hassle with dealing with a faceless corporation. If you dealt with red tape before or bureaucracy, wait until you deal with an insurance company. It can drive you bonkers. When you approach a personal injury specialist, they know how the game works. However, they have different levels of tenacity. Some have very high thresholds of pain that they can really deal with all the red tape, bureaucracy, and internal wrangling. As a result, they end up with a higher recovery than somebody who's just willing to take the first offer that comes along.

Hard negotiation skills

When it comes to lawyers going against defense attorneys or claims adjusters, it all boils down to negotiation. You don't want your case handled by somebody that will fold at the slightest resistance. You want somebody who is hard hitting, you want somebody who knows how to read the signals the other side is sending and work it to your maximum advantage. That's what separates a great personal injury lawyer from a rookie or somebody that doesn't care. If you want your personal injury case to get the recovery that it deserves, you need to go to the right legal practitioner.

Why Would an Employer Dispute a Workers’ Comp Claim?

Why Would an Employer Dispute a Workers’ Comp Claim?

If you have been injured while you are working, you have certain rights in many states that are provided by workers’ compensation insurance. The injury may be directly related to the work or may be a cumulative trauma such as carpel tunnel syndrome or a disease caused by the occupation such as asbestosis. However, in many cases workers’ comp claims are denied. If you have filed for a workers compensation claim and it is denied you will get a letter that states the reasons that your claim was denied.

There are several common reasons that an employer will dispute or deny a claim for workers compensation. Time is one of the more common reasons that a claim is denied. Many people do not realize that the claim has to be filed immediately, typically within a matter of a few days. The employer must report this claim to their workers’ compensation insurance immediately as well.

Employers will sometimes dispute a claim. One of the reasons that an employer may dispute the claim is that they deny that the accident happened at work. The employer may also dispute that the injury or illness was not caused by the accident. If your employer denies your claim you will need to gather evidence in order to support the claim. This may be in the form of witness accounts, doctor’s statements, or other documentation of how the accident/injury occurred.

Employers will typically look for reasons to deny a claim because of money. Each time a workers’ compensation claim is made, the employer will see a rise in their insurance premiums. Denying claims is a way that they can help decrease the amount that they have to pay for insurance and liability.

Social Security Disability and Legal Help

Social Security Disability and Legal Help

If you are unable to work because of a disability, filing for social security benefits can be stressful. There are many documents that you must fill out in order to be approved and getting approval can take a lot of time. If you are refused disability, getting legal help is the best option. An experienced disability lawyer will be able to look over your claim and help you through the process of being approved for this benefit.

You should never wait to file a disability claim. As soon as you realize that you are not going to be able to work you should file the claim immediately. The reason for this is because these claims can take a very long time to process. Many people will experience financial hardship because they did not realize how long the process can take. Additionally, you do not want your benefits to expire, which can happen if you wait too long to make your claim.

If you feel like you need help with the application process, get it. Many people that file for disability benefits or file for an appeal after being denied benefits do not fill out the paperwork correctly. Some people do not submit the paperwork on time. Missing deadlines or turning in paperwork that is not complete will result in the claim being denied. A representative from the Social Security office, a friend or family member, or a disability lawyer will be able to help you fill out the forms to ensure they are correct the first time around.

If you are in need of social security disability, hiring a lawyer might be the best option. These lawyers have experience in the area and know exactly what is needed in order to get you approved for these benefits in a reasonable amount of time.

Can Your Employer Retaliate on a Workers Compensation Claim?

Can Your Employer Retaliate on a Workers Compensation Claim?

When it comes to workers’ compensation claims, there are many laws in place that help protect both the employer and the employee. Each state will handle reports of discrimination or retaliation after a workers’ comp claim differently. In most states it will be the Labor Department for the state that will manage any type of retaliation claim that is being made against an employer.

Retaliation or discrimination from an employer after a workers’ compensation claim has been made is illegal in most states. There are different ways that an employer may discriminate against someone who has made a claim. Often times this retaliation comes in the form of a demotion of some sort.

If you feel you have been discriminated against or feel your employer may be retaliating against you because of a claim that you have made, you should contact your state’s Labor Department in order to get the appropriate forms to fill out for your claim. You may also want to contact a lawyer to discuss the case against your employer.

In most states, if it is found that retaliation or discrimination did occur, the company will have to pay a fine. The state will typically not award any money to the claimant. If you wish to receive any type of compensation for the discrimination you are going to need to take personal legal action against your company through a lawsuit.

If you truly feel that you have been terminated wrongly or retaliated against in anyway because of a workers’ compensation claim, discussing what has happened with a local attorney is typically the best option. A discrimination lawyer will be able to determine whether or not you can obtain compensation from your claim as they are experienced in this area of the law.

Suing Your Employer for an Injury with the Help of an Attorney

Suing Your Employer for an Injury with the Help of an Attorney

A no fault system was set up as a way to protect both the employer and the employee in regards to accidents related to the workplace. Workers’ compensation programs have been set up in every state. This program was designed to help pay for injuries and illnesses that may occur to an employee while working.

In most cases, the only money that a person will receive from a workplace injury will come from the workers’ compensation insurance. However, there are some cases where you may be able to sue your employer for additional damages. Some reasons that you may be allowed to sue include:

  • If the injury occurred because a product was defective. You could sue using a products liability lawsuit against the company that made the product in some cases.
  • If the injury was caused by a toxic substance you could be able eligible for a toxic tort action against the maker of the substance that was toxic
  • If the injury occurred because of egregious or intentional conduct by the employer a personal injury lawsuit may be in order.
  • If an employer does not have workers’ compensation insurance you may be able to sue in a civil court or be eligible to collect money from a state fund.
  • If the injury was caused by a third party you could be able to sue for personal injury against the 3rd party.
  • Workers’ compensation was designed to provide you with benefits and money if you were injured while working. However, temporary and permanent disability payments are usually low and will not compensate for suffering or pain. Additionally, workers’ comp does not punish the employer for dangerous conditions.

    If you have been injured on the job it is a good idea to contact a lawyer so that you are aware of your rights.

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