Act quickly to protect evidence and find witnesses who can help you prove your case to an insurance company.
The first few days immediately following an accident are often the most important for finding and preserving evidence of what happened -- and documenting your injuries. You should take the following steps as soon as you are able.
Return to the Scene
If an accident occurred somewhere other than in your home, return to the scene as soon as possible to locate any evidence and photograph any conditions you believe may have caused or contributed to the accident. You may be amazed to find something you were not aware of when the accident occurred but which may help explain what happened: a worn or torn spot on which you fell, a traffic light that isn't working. And while looking around, you may also find someone who saw what happened, or who knows of other accidents which have happened in the same spot.
Take photographs of the accident scene from a number of different angles -- particularly your view of things right before the accident -- to keep a good picture of it in your mind and to give to the insurance company later on to indicate how well prepared you are to get the settlement you deserve. Photograph the scene at the same time of day as your accident occurred, and for vehicle accidents, the same day of the week, to show the appropriate amount of traffic.
Protect Physical Evidence
Who was at fault for an accident is sometimes shown by a piece of "physical" evidence -- something you can see or touch, as opposed to a description of what happened. Examples include a broken stair that caused a fall, the dent in a car showing where it was hit or an overhanging branch that blocked visibility on a bike path. Also, physical evidence can help prove the extent of an injury: Damage to the car can demonstrate how hard a collision was, and torn or bloodied clothing can show your physical injuries very dramatically. Try to preserve any physical evidence exactly as it was at the accident. If you can't preserve the actual object, take photographs of it. You can later show your evidence to an insurance company as proof of what happened.
Taking Good Photographs
If you do not have a piece of physical evidence, or for any reason cannot preserve it, the next best option is to photograph it. Regular photos are better than Polaroids. They usually show greater detail and more accurate light conditions. Take a number of photos from different angles so that you can later pick out the ones that show most clearly whatever it is you want to highlight to the insurance company.
Take the photos as soon as possible so that they will accurately represent the condition of the evidence immediately after the accident. To establish the date the photos were taken, ask a friend to both watch you take the pictures and to write a short note stating that he or she observed you taking the pictures on that date. Also, get the film developed immediately and make sure the photo shop indicates the date on the back of the prints, or at least on your receipt.
Locate Witnesses
A witness to an accident can be immensely valuable to you in making your case to an insurance company. Witnesses may be able to describe things about an accident that confirm what you believe happened, backing up your story. And they may provide you with information you were not aware of but which shows how the other person was at fault. Even a witness who did not actually see the accident may have seen you soon after you were injured and can confirm that you were in pain or discomfort. Or, a witness may have heard a statement made by another person involved in the accident indicating that someone other than you was at fault.
However, time is of the essence. If witnesses are not contacted and their information confirmed fairly soon after the accident, what they have to say may be lost. People's memories fade quickly, and soon their recollections may become so fuzzy that they are no longer useful. Also, a witness might no longer be around if you wait too long; people move frequently.
Document Your Injuries
In addition to taking the notes mentioned above, the best ways to preserve evidence of your injuries are by promptly reporting all of them to a doctor or other medical provider, and by photographing any visible marks, cuts, bruises or swelling, including any casts, splints, bandages or other devices. Without an early medical record of all your injuries, and photos if possible, it will be more difficult to later convince an insurance company that you were injured in the ways and to the degree you claim you were. Visible injuries heal and will not look as serious later, and failing to seek immediate treatment can lead an insurance company to believe that your injuries were not so serious, or even that you invented or exaggerated them after the accident.
http://www.flaxmanandlopez.com/lawyer-attorney-A91ED912-D240-4BED-9C05E4DF0D1B9365.html
Saturday, May 19, 2007
Proving Fault for Defective Product Injuries
If you've been injured by a dangerous consumer product, you may have an easier time recovering compensation for your injuries than those who are injured in other ways. Here's why.
A lot of people have heard tell of exploding car tires or soda bottles, and while most product defects do not make their appearance quite so dramatically, defective or dangerous products are the cause of many thousands of injuries every year. "Product liability" -- the legal rules concerning who is responsible for defective or dangerous products -- is different from ordinary injury liability law, and this set of rules sometimes makes it easier for an injured person to recover damages.
Strict Liability Defined
Ordinarily, to hold someone liable for your injuries, you must show that they were careless -- that is, negligent -- and that their carelessness led to the accident. With products sold to the general public, however, it would be extremely difficult and prohibitively expensive for one individual to have to show how and when a manufacturer was careless in making a particular product. Neither can the consumer be expected to prove whether the seller or renter of the product had a proper system for checking for manufacturer's defects, or whether the seller was the cause of the defect after receiving the product from the maker. Nor, finally, can a consumer be expected to check each product before using it to see if it is defective or dangerous.
For all these reasons, the law has developed a set of rules known as "strict liability" that allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product - without showing that the manufacturer or seller was actually negligent.
Here's how strict liability works: If you have been injured by a consumer product, you are entitled to compensation from the manufacturer or from the business that sold or rented the product directly to you. Strict liability operates against a non-manufacturer who sold or rented a product only if it is in the business of regularly selling or renting those particular kinds of products. In other words, if you bought something at a flea market stall, garage sale or thrift store that sells all kinds of things but not any one type of item on a regular basis, strict liability may not apply.
Rules of Strict Liability
Regardless of what steps a manufacturer or seller says it takes in making and handling a consumer product, you can make a strict liability claim -- without showing any carelessness on the part of the manufacturer or seller -- if all three of the following conditions exist:
1. The product had an "unreasonably dangerous" defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling or shipment.
2. The defect caused an injury while the product was being used in a way that it was intended to be used.
3. The product had not been substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.
States With a Slightly Different Rule
To recover compensation for your injuries in Delaware, Massachusetts, Michigan, North Carolina or Virginia, you are theoretically required to show that the manufacturer or seller was negligent in making or selling a defective or dangerous product.
However, these states have an additional rule that has the same practical effect as strict liability and makes the injury claim process proceed in virtually the same way. This rule is called by the Latin name "res ipsa loquitur" which means "the thing speaks for itself." It holds that if a product that has a dangerous defect is sold or rented, the defect speaks for itself that someone in the manufacturing , selling or renting process must have been negligent - or else the defect would not be there.
In these states, as in all others, you must show that a defect existed and that it caused an accident. If you can do so, you are entitled to compensation for your injuries.
If You Were Aware of the Defect
Manufacturers and sellers have a defense to claims of strict liability that may be particularly important if you have owned the product for a while. That is, you may not be able to claim strict liability if you knew about the defect but continued to use the product. If it appears -- either from the condition of the product (which the manufacturer's or seller's insurance company will have a right to examine) or from your description of your use of the product -- that you were aware of the defect before the accident but used the product anyway, you may have given up your right to claim injury damages.
Watch the Time
Most states have laws limiting how long after a product has been sold to the public the manufacturer or seller can be held liable under strict liability rules. The limits are usually from six to 12 years after the manufacturer initially sold the product. So, in a strict liability claim, you might need to determine how old the product is that injured you.
http://www.flaxmanandlopez.com/lawyer-attorney-6C19A614-5610-4275-A8BFB69531FB4071.html
A lot of people have heard tell of exploding car tires or soda bottles, and while most product defects do not make their appearance quite so dramatically, defective or dangerous products are the cause of many thousands of injuries every year. "Product liability" -- the legal rules concerning who is responsible for defective or dangerous products -- is different from ordinary injury liability law, and this set of rules sometimes makes it easier for an injured person to recover damages.
Strict Liability Defined
Ordinarily, to hold someone liable for your injuries, you must show that they were careless -- that is, negligent -- and that their carelessness led to the accident. With products sold to the general public, however, it would be extremely difficult and prohibitively expensive for one individual to have to show how and when a manufacturer was careless in making a particular product. Neither can the consumer be expected to prove whether the seller or renter of the product had a proper system for checking for manufacturer's defects, or whether the seller was the cause of the defect after receiving the product from the maker. Nor, finally, can a consumer be expected to check each product before using it to see if it is defective or dangerous.
For all these reasons, the law has developed a set of rules known as "strict liability" that allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product - without showing that the manufacturer or seller was actually negligent.
Here's how strict liability works: If you have been injured by a consumer product, you are entitled to compensation from the manufacturer or from the business that sold or rented the product directly to you. Strict liability operates against a non-manufacturer who sold or rented a product only if it is in the business of regularly selling or renting those particular kinds of products. In other words, if you bought something at a flea market stall, garage sale or thrift store that sells all kinds of things but not any one type of item on a regular basis, strict liability may not apply.
Rules of Strict Liability
Regardless of what steps a manufacturer or seller says it takes in making and handling a consumer product, you can make a strict liability claim -- without showing any carelessness on the part of the manufacturer or seller -- if all three of the following conditions exist:
1. The product had an "unreasonably dangerous" defect that injured you as a user or consumer of the product. The defect can come into existence either in the design of the product, during manufacture, or during handling or shipment.
2. The defect caused an injury while the product was being used in a way that it was intended to be used.
3. The product had not been substantially changed from the condition in which it was originally sold. "Substantially" means in a way that affects how the product performs.
States With a Slightly Different Rule
To recover compensation for your injuries in Delaware, Massachusetts, Michigan, North Carolina or Virginia, you are theoretically required to show that the manufacturer or seller was negligent in making or selling a defective or dangerous product.
However, these states have an additional rule that has the same practical effect as strict liability and makes the injury claim process proceed in virtually the same way. This rule is called by the Latin name "res ipsa loquitur" which means "the thing speaks for itself." It holds that if a product that has a dangerous defect is sold or rented, the defect speaks for itself that someone in the manufacturing , selling or renting process must have been negligent - or else the defect would not be there.
In these states, as in all others, you must show that a defect existed and that it caused an accident. If you can do so, you are entitled to compensation for your injuries.
If You Were Aware of the Defect
Manufacturers and sellers have a defense to claims of strict liability that may be particularly important if you have owned the product for a while. That is, you may not be able to claim strict liability if you knew about the defect but continued to use the product. If it appears -- either from the condition of the product (which the manufacturer's or seller's insurance company will have a right to examine) or from your description of your use of the product -- that you were aware of the defect before the accident but used the product anyway, you may have given up your right to claim injury damages.
Watch the Time
Most states have laws limiting how long after a product has been sold to the public the manufacturer or seller can be held liable under strict liability rules. The limits are usually from six to 12 years after the manufacturer initially sold the product. So, in a strict liability claim, you might need to determine how old the product is that injured you.
http://www.flaxmanandlopez.com/lawyer-attorney-6C19A614-5610-4275-A8BFB69531FB4071.html
10 Ways to Keep Legal Fees Affordable
Hiring a lawyer is step one when you need legal advice or help. Step two is the most crucial as you need to have a clear idea what the lawyer is going to cost. Most lawyers charge by the hour and rates may vary from USD 60-USD 300 per hour. It depends on the lawyer, the extent of your case, and where the case is to be fought.
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
About the Author
Aaron Brooks is a freelance writer for Attorney , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. He also freelances for the premier REVENUE SHARING discussion Forum for Legal Advice site.
In cases of personal injury or worker’s compensation often lawyers agree to a contingent fee agreement. In this case they do not charge by the hour but take one-third of the compensation awarded. However you will still need to bear costs like court filing fees and costs of deposing witnesses and so on.
While most lawyers do not negotiate on fees you could think about:
1. Discussing your case and personal finances openly with the lawyer. Ask whether he will consider a consolidated fee instead of an hourly rate.
2. Explain how your case will benefit him and his firm. Sometimes even big firms and lawyers take on cases for less than their standard rates if it will benefit them in some way.
3. Think about using a lawyer attached to a smaller firm than a large one. New firms and smaller firms may quote a rate lower than an established lawyer.
4. Ask whether they offer better terms if you undertake to do a considerable amount of foot work for the case.
5. If you need legal representation for your business or family on a sustained basis many firms do offer a better rate based on the volume of work you will bring them.
6. Indicate that you will not waste too many hours of the lawyer by ensuring that you jot down facts of the case clearly, bring witnesses to meet the lawyer, and keep handy all documents necessary for the case.
7. Save money by not wasting the lawyer’s time on phone calls. Remember he will bill you even if you are just having a friendly chat or are weeping on his shoulder. Prepare to be short and precise when you speak to him. As far as possible put things down on paper and send it to his office. E-mails work better than phone calls.
8. You know your case better than anyone else so make detailed notes and prepare a file for the lawyer with details such as names, addresses, what happen when and so on. This way you will not waster time meeting with the lawyer unless unavoidable.
9. Request for regular billing and keep track of the time, costs and so on. If you study the bills carefully and recognize
Always put things down in writing, especially the fee agreement. The agreement should include the rate, services covered, and what expenses are not covered by the agreed on fees and are to be paid at actual. In fact by law any legal fees over USD 1000 must be agreed upon in writing.
About the Author
Aaron Brooks is a freelance writer for Attorney , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. He also freelances for the premier REVENUE SHARING discussion Forum for Legal Advice site.
What If You Have Problems With Your Attorney
As soon as you feel dissatisfied with the way your lawyer handles your case, you need to act upon it right away. Don't wait for it to affect your case. Remember though, your lawyer may not know about your dissatisfaction. So, try not to be hostile, but call up a meeting with your lawyer and discuss your dissatisfaction. Tell the lawyer exactly what is bothering you and give him or her a chance to fix the problem. If you don't understand what your attorney is doing, ask for an explanation. Do not be afraid to ask "Why?" If the problem happens to be the result of a misunderstanding, perhaps the lawyer-client relationship can be preserved.
But, if you're having serious problems with how your attorney handles your case, and your discussion about it doesn't resolve the problems, think seriously about changing your attorney. Or, you can file a complaint with your bar association. (There's a complete list of information on where to file a complaint against a lawyer at http://lawyer.bestinfo4you.com/file-a-complaint-against-a-lawyer.html). However, you may want to wait acting against your lawyer until your case is completed or until you find another attorney. If your lawyer knows that you're trying to ditch him or her, or go against him or her with a disciplinary commission, your case may be jeopardized. It's simply a human nature.
Just so you know that you do have the right to fire your attorney. Whether to do so or not, or whether to wait for it or not depends on a number of things.
Changing Lawyers In The Middle Of Your Case
It is you who is responsible for the consequences of your case and not your lawyer. So, if you are not happy with your lawyer's work, you need to change your lawyer. Than again, there are a few things that you need to consider when doing so.
If an important court date is coming up soon, such as a trial or a pretrial conference, changing lawyers at that stage will be very risky and difficult. As a practical matter you may not be able to change your attorney. Also, if your case is pending in court, the lawyer will need court permission to withdraw from your case. The judge handling your case may or may not permit your lawyer to withdraw from your case. But, if the judge does give you a permission to change your lawyer, that could leave you without a lawyer if you cannot find one willing to come into the case at the last minute. That's why it is very important that you act upon your dissatisfaction with your attorney right away before it has a significant affect on your case.
If you choose to have another attorney handle your case, your current attorney will have to withdraw, which he or she will upon your request. However, you still need to pay your first attorney the fees for his or her legal work. If you don't, he or she can file a collection action to recover costs and fees rendered for his or her services. And, you will also have to pay the new attorney for his or her time to review your case and if accepted for the time needed to get up to speed. If your attorney abandons or neglects your case for no good reason, your attorney may lose the right to compensation. Though, only the court can decided whether this is the case. But, if you do get another attorney, the first attorney must return the file to you, cooperate with your new attorney, and minimize possible harm to your case.
Attempt an Early Understanding With Your Attorney
What is it that you need to do to have a successful lawyer-client team and not get into any unneeded disputes that may result in you changing your lawyer in the middle of your case?
The answer to this is simple and straightforward. Both you and your lawyer need to have the same goal. If you're expecting one thing from your legal matter and your lawyer defines a goal to get something else that may not be as desirable by you, you can for sure expect discrepancies. That's why it is very important that you clearly communicate to your lawyer your desired outcome from your legal issue. Your lawyer will then assess the strengths and weaknesses of your case and tell you how realistic your wish is, and maybe map out another just as desirable goal. But the goal for the final outcome of your legal matter needs to be mutually agreed upon for a successful lawyer-client relationship. Through an affective communication practiced by both you and your lawyer, you'll be able to overcome every obstacle along the way.
In short, be prepared to send your lawyer into action, and arm him or her well with every detail you can gather. Understand how he or she operates and charges. Then sit back, be ready to respond to your lawyer's requests, and let your lawyer do his or her job.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
About the Author
This article was produced by Attorney Resources and Information website. Please visit find a lawyer if you need to find a lawyer or if you need more information to help you with your attorney.
But, if you're having serious problems with how your attorney handles your case, and your discussion about it doesn't resolve the problems, think seriously about changing your attorney. Or, you can file a complaint with your bar association. (There's a complete list of information on where to file a complaint against a lawyer at http://lawyer.bestinfo4you.com/file-a-complaint-against-a-lawyer.html). However, you may want to wait acting against your lawyer until your case is completed or until you find another attorney. If your lawyer knows that you're trying to ditch him or her, or go against him or her with a disciplinary commission, your case may be jeopardized. It's simply a human nature.
Just so you know that you do have the right to fire your attorney. Whether to do so or not, or whether to wait for it or not depends on a number of things.
Changing Lawyers In The Middle Of Your Case
It is you who is responsible for the consequences of your case and not your lawyer. So, if you are not happy with your lawyer's work, you need to change your lawyer. Than again, there are a few things that you need to consider when doing so.
If an important court date is coming up soon, such as a trial or a pretrial conference, changing lawyers at that stage will be very risky and difficult. As a practical matter you may not be able to change your attorney. Also, if your case is pending in court, the lawyer will need court permission to withdraw from your case. The judge handling your case may or may not permit your lawyer to withdraw from your case. But, if the judge does give you a permission to change your lawyer, that could leave you without a lawyer if you cannot find one willing to come into the case at the last minute. That's why it is very important that you act upon your dissatisfaction with your attorney right away before it has a significant affect on your case.
If you choose to have another attorney handle your case, your current attorney will have to withdraw, which he or she will upon your request. However, you still need to pay your first attorney the fees for his or her legal work. If you don't, he or she can file a collection action to recover costs and fees rendered for his or her services. And, you will also have to pay the new attorney for his or her time to review your case and if accepted for the time needed to get up to speed. If your attorney abandons or neglects your case for no good reason, your attorney may lose the right to compensation. Though, only the court can decided whether this is the case. But, if you do get another attorney, the first attorney must return the file to you, cooperate with your new attorney, and minimize possible harm to your case.
Attempt an Early Understanding With Your Attorney
What is it that you need to do to have a successful lawyer-client team and not get into any unneeded disputes that may result in you changing your lawyer in the middle of your case?
The answer to this is simple and straightforward. Both you and your lawyer need to have the same goal. If you're expecting one thing from your legal matter and your lawyer defines a goal to get something else that may not be as desirable by you, you can for sure expect discrepancies. That's why it is very important that you clearly communicate to your lawyer your desired outcome from your legal issue. Your lawyer will then assess the strengths and weaknesses of your case and tell you how realistic your wish is, and maybe map out another just as desirable goal. But the goal for the final outcome of your legal matter needs to be mutually agreed upon for a successful lawyer-client relationship. Through an affective communication practiced by both you and your lawyer, you'll be able to overcome every obstacle along the way.
In short, be prepared to send your lawyer into action, and arm him or her well with every detail you can gather. Understand how he or she operates and charges. Then sit back, be ready to respond to your lawyer's requests, and let your lawyer do his or her job.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
About the Author
This article was produced by Attorney Resources and Information website. Please visit find a lawyer if you need to find a lawyer or if you need more information to help you with your attorney.
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