The lemon law was originally created to protect consumers from big ticket items that had a problem, and these days is almost exclusively limited to vehicles like cars, trucks and SUVs. For example, a car is considered a lemon under the California Lemon Law if it has been repaired four times and the defect or problem has not been resolved or fixed within the period of 18 months or 18,000 miles, whichever comes first. Using the word lemon this way has most likely become increasingly popular due to the many companies and slightly south of honest car sales folks selling faulty products. Buying a car is not like buying a hair dryer, since you cannot return it to the store for a refund if you do not like it, or if it has a manufacturing defect.
Technically, your newly purchased car is only considered a lemon if you have given proper attention to all of its problems, if all efforts to fix these problems have been exhausted, and if the manufacturer has been given the opportunity to try and fix the problem but cannot. If it seems your car is in the repair shop time and time again for the same repair, you may be the owner of a real lemon. If that is the case, you have rights as well as some responsibilities to deploy those rights.
The descriptive term lemon applies equally to a defective or malfunctioning car as to a citrus fruit. Basically, the California Lemon Law holds the manufacturer of a car responsible for the proper and satisfactory functioning of the car while it is under its warranty period. This also assumes that the owner of the car exercised good judgment and care of everything that would logically be expected of the car owner.
Does the car warranty matter Of course. The repair is covered under the vehicle warranty or extended warranty, but it's always in the shop. In many states, arbitration is used to solve problems when a car still under warranty turns out to be a lemon. If the vehicle is new, it should come with a warranty that includes a money-back option. This may be something to note to yourself next time you are shopping for a new car, since shopping for the right warranty is just as important as the car and the price you negotiate.
You must report the defect within a reasonable timeframe, or before the warranty expires. Report it to the dealer and do it in writing, and make sure you save your copy. If it malfunctions while under warranty, the manufacturer is held liable for repairs. Basically, Californias Lemon Law, sometimes also known as Consumer Warranty Law, specifies that the manufacturer carry a high degree of responsibility for sold products.
Almost every state has passed a lemon law, a statute that exists to backup the manufacturer's written warranty that comes with the vehicle. The degree of liability and responsibility varies widely from state to state, so make sure you know what the lemon law is in your state.
The bottom line is that you as the purchaser of the vehicle have responsibilities for proper maintenance of the vehicle, which hopefully you would do anyway. But assuming you have done that and still have what is termed a chronic problem with the vehicle, you have rights, and it is to your benefit to know what those rights are.
http://www.articleco.com/Article/How-And-When-To-Use-Your-Lemon-Law-Rights/23405
Monday, September 3, 2007
Whiplash Claims
Whiplash injuries are one of the most common types of compensation claim, made by many thousands of people every year who are involved in car collisions/road accidents which are often no fault of their own. Where the injury has been caused by someone else, there are many firms out there willing to help you fight for the compensation you are entitled to. On top of a cash settlement, some insurance firms will pay out for the cost of private treatment, and physiotherapy sessions.
Many accident claims companies will offer free consultations, and the promise that none of any resulting payout will be eaten up by lawyers fees; in fact, when you win a compensation claim, the lawyers acting on your behalf actually get their fees from the other side, so it is a win-win situation for both parties.
Whiplash injuries used to be hard to diagnose, due to the fact that soft tissue could not be picked up by scans (MRI/CT) or x-rays, and as it is mainly tissue damage that occurs with whiplash injuries, rather than any bone defects, then it can be hard to determine the nature of the problem. Victims seeking compensation must make sure that they keep a record of all their appointments and visits to the hospital, as well as copies of their medical records where possible, to ensure that their claim cannot be questioned in court. Many insurers refuse to pay out due to the fact that whiplash injuries can be so difficult to prove, as it mainly depends on the doctors interpretation of the symptoms, accident conditions and of course the actual physical examination. Sufferers should also keep an up to date record of any problems which occur as a result of their injuries, such as missed days at work, and any psychological aspects, such as a fear of driving/getting into a car, caused by the accident. This will all help to determine not only the extent of the injury, but the compensation amount which should be attributed to the claimant.
As with most compensation claims, the individual who suffered the whiplash injury must be able to prove that another driver was at fault for the accident, whether that is the driver of the car they were travelling in, or another road user. This should not be left up to the lawyers in charge of your case, but rather the victim should help as much as possible themselves, in terms of gathering names, addresses and phone numbers of any witnesses, any relevant photographs - either of the injury or the scene of the accident. Obviously, any police involvement should be recorded as well.
The severity of the whiplash injury will determine the amount paid out to the victim, and this can be anything from 2000 and upwards. Some people recover quickly, whilst others can suffer whiplash symptoms for many months after the accident. Each claim is treated individually, so there is no way to guarantee how much, if anything will be recovered on your behalf.
http://www.articleco.com/Article/Whiplash-Claims/40569
Many accident claims companies will offer free consultations, and the promise that none of any resulting payout will be eaten up by lawyers fees; in fact, when you win a compensation claim, the lawyers acting on your behalf actually get their fees from the other side, so it is a win-win situation for both parties.
Whiplash injuries used to be hard to diagnose, due to the fact that soft tissue could not be picked up by scans (MRI/CT) or x-rays, and as it is mainly tissue damage that occurs with whiplash injuries, rather than any bone defects, then it can be hard to determine the nature of the problem. Victims seeking compensation must make sure that they keep a record of all their appointments and visits to the hospital, as well as copies of their medical records where possible, to ensure that their claim cannot be questioned in court. Many insurers refuse to pay out due to the fact that whiplash injuries can be so difficult to prove, as it mainly depends on the doctors interpretation of the symptoms, accident conditions and of course the actual physical examination. Sufferers should also keep an up to date record of any problems which occur as a result of their injuries, such as missed days at work, and any psychological aspects, such as a fear of driving/getting into a car, caused by the accident. This will all help to determine not only the extent of the injury, but the compensation amount which should be attributed to the claimant.
As with most compensation claims, the individual who suffered the whiplash injury must be able to prove that another driver was at fault for the accident, whether that is the driver of the car they were travelling in, or another road user. This should not be left up to the lawyers in charge of your case, but rather the victim should help as much as possible themselves, in terms of gathering names, addresses and phone numbers of any witnesses, any relevant photographs - either of the injury or the scene of the accident. Obviously, any police involvement should be recorded as well.
The severity of the whiplash injury will determine the amount paid out to the victim, and this can be anything from 2000 and upwards. Some people recover quickly, whilst others can suffer whiplash symptoms for many months after the accident. Each claim is treated individually, so there is no way to guarantee how much, if anything will be recovered on your behalf.
http://www.articleco.com/Article/Whiplash-Claims/40569
Preparing Your Motorcycle Accidents Claim
Claiming for compensation when you have been involved in a motorcycle accident has never been easier. There are a vast number of companies who are available to help, many of whom offer no win, no fee agreements. This means that whatever the outcome of the accident claim, you will not be liable to pay for the costs of your lawyer. Instead, they recoup that from the other party. If you have been involved in a motorcycle accident on the road which was not your fault, then you are legally entitled to claim compensation for your injury, and any damage to your bike.
To prepare a motorcycle accident claim, firstly it is imperative to seek medical attention immediately after the incident. The reasons for this are threefold; firstly, and most obviously, your injuries most likely need treatment, and even if this is not the case it is advisable to be checked over anyway. Secondly, any delay in seeking medical attention may raise questions and doubts surrounding your accident claim. Finally, medical reports can be key material when the amount of compensation being dished out is decided, and so any documentation should be copied and kept safely.
At the scene of the accident itself, if possible, all the details of any other parties involved in the collision should be collected, as well as phone numbers of any people who witnessed the event. This will help to give a true reflection of what happened, again so that the compensation payout is maximised. Similarly, pictures should be taken where possible, as this will help to strengthen the case. If there are any gaps in the story, or anything which doesnt quite seem to add up this will be jumped upon by the defence and you may end up with nothing.
Compensation claims involving motorcyclists are steadily on the increase, and more and more people being to realise that they are entitled to compensation for their injuries. Despite public opinion that motorcyclists are a nuisance, and drive too fast and recklessly, it is often other road users who are at fault for accidents. However experienced a biker, however many miles that have been clocked up since they began using their bikes and however skilled a biker thinks they are, there is nothing that can be done about the negligence of other motorists. Car drivers are sometimes caught unaware by passing motorcyclists, which can lead to devastating collisions and accidents. On top of this, there is the problem of the road surfaces themselves, which are a lot harder to contend with when on a motorcycle than in a car.
All in all, accidents involving motorcycles often end up with the rider being thrown large distances from the bike, and sometimes being crushed underneath them and dragged many feet. The end result is often hugely traumatic, and can cause serious injury as well as psychological impairments. Therefore, when another driver is at fault for the collision, it is highly likely that you will have a strong case to claim compensation, and it is worthwhile getting in contact with one of the many personal injury claims companies around.
http://www.articleco.com/Article/Preparing-Your-Motorcycle-Accidents-Claim/42677
To prepare a motorcycle accident claim, firstly it is imperative to seek medical attention immediately after the incident. The reasons for this are threefold; firstly, and most obviously, your injuries most likely need treatment, and even if this is not the case it is advisable to be checked over anyway. Secondly, any delay in seeking medical attention may raise questions and doubts surrounding your accident claim. Finally, medical reports can be key material when the amount of compensation being dished out is decided, and so any documentation should be copied and kept safely.
At the scene of the accident itself, if possible, all the details of any other parties involved in the collision should be collected, as well as phone numbers of any people who witnessed the event. This will help to give a true reflection of what happened, again so that the compensation payout is maximised. Similarly, pictures should be taken where possible, as this will help to strengthen the case. If there are any gaps in the story, or anything which doesnt quite seem to add up this will be jumped upon by the defence and you may end up with nothing.
Compensation claims involving motorcyclists are steadily on the increase, and more and more people being to realise that they are entitled to compensation for their injuries. Despite public opinion that motorcyclists are a nuisance, and drive too fast and recklessly, it is often other road users who are at fault for accidents. However experienced a biker, however many miles that have been clocked up since they began using their bikes and however skilled a biker thinks they are, there is nothing that can be done about the negligence of other motorists. Car drivers are sometimes caught unaware by passing motorcyclists, which can lead to devastating collisions and accidents. On top of this, there is the problem of the road surfaces themselves, which are a lot harder to contend with when on a motorcycle than in a car.
All in all, accidents involving motorcycles often end up with the rider being thrown large distances from the bike, and sometimes being crushed underneath them and dragged many feet. The end result is often hugely traumatic, and can cause serious injury as well as psychological impairments. Therefore, when another driver is at fault for the collision, it is highly likely that you will have a strong case to claim compensation, and it is worthwhile getting in contact with one of the many personal injury claims companies around.
http://www.articleco.com/Article/Preparing-Your-Motorcycle-Accidents-Claim/42677
Slip Trip or Fall Accident Claims
You are entitled to claim compensation for any accident or injury which is caused by negligence on the part of someone else or their property. Slips and trips can happen anywhere, and at any time - in supermarkets, at work, pathways, and restaurants, and there are many personal injury lawyers out there waiting to work with you towards the compensation you deserve.
There are laws in place to protect the public and impose charges/fines on the people responsible for maintain and running public places, to ensure the safety of anyone who uses them. The laws apply to employers as well as privately owned establishments/land, and of course to the local councils who are responsible for maintaining the roads and public pathways/pavement.
Slips, trips and falls are simple accidents which can have long lasting effects, such as time off work and physical impairments. If you slip over a faulty paving slab in a street, you could end up with a broken limb or sever bruising, or even concussion. This could mean up to several weeks off work, and if your company does not offer very much in the way of sick pay, you could find yourself in a worrying financial position. Compensation payouts not only award money for the initial pain and suffering caused by the accident, but they can include damages which can cover for loss of earnings, medical costs/treatment fees and repairs to any clothing/equipment you may have been wearing/using at the time.
If you have suffered a trip, slip or fall then there are a few steps you should take to help with your claim. Where possible, you should photograph the offending area, as this will best highlight the circumstances surrounding your injury. You should make sure you take down the contact details of any witnesses, who either saw your specific accident happen or who have seen the defective area in person. If anyone else has suffered a personal injury from the same source/situation the you should make sure you have their contact details, as they will be able to back up any evidence you provide. Finally you should make sure that you have reported the accident to the relevant personnel, whether at work to your manager or to the council if the injury happened in a public space.
It can be very easy to feel foolish or irresponsible when you have suffered a personal injury, and many incidents go unreported as a result. It is important to be aware that you are perfectly entitled to seek compensation, and in fact encouraged to, if only to highlight the problem to the relevant people to make sure no one else suffers the same fate.
Claiming is a simple process, and with just a small initial amount of effort you can get the ball rolling with your accident claim. Many companies offer a free initial consultation service with a view to embarking on a no win, no fee compensation claim. There really is nothing to lose, and everything to gain. If you are unfortunate enough to have suffered a personal injury due to negligence on the part of a private company, public organisation or governing body, you should seek advice from a personal injury specialist who will help you to recover the compensation you deserve.
http://www.articleco.com/Article/Slip-Trip-or-Fall-Accident-Claims/45297
There are laws in place to protect the public and impose charges/fines on the people responsible for maintain and running public places, to ensure the safety of anyone who uses them. The laws apply to employers as well as privately owned establishments/land, and of course to the local councils who are responsible for maintaining the roads and public pathways/pavement.
Slips, trips and falls are simple accidents which can have long lasting effects, such as time off work and physical impairments. If you slip over a faulty paving slab in a street, you could end up with a broken limb or sever bruising, or even concussion. This could mean up to several weeks off work, and if your company does not offer very much in the way of sick pay, you could find yourself in a worrying financial position. Compensation payouts not only award money for the initial pain and suffering caused by the accident, but they can include damages which can cover for loss of earnings, medical costs/treatment fees and repairs to any clothing/equipment you may have been wearing/using at the time.
If you have suffered a trip, slip or fall then there are a few steps you should take to help with your claim. Where possible, you should photograph the offending area, as this will best highlight the circumstances surrounding your injury. You should make sure you take down the contact details of any witnesses, who either saw your specific accident happen or who have seen the defective area in person. If anyone else has suffered a personal injury from the same source/situation the you should make sure you have their contact details, as they will be able to back up any evidence you provide. Finally you should make sure that you have reported the accident to the relevant personnel, whether at work to your manager or to the council if the injury happened in a public space.
It can be very easy to feel foolish or irresponsible when you have suffered a personal injury, and many incidents go unreported as a result. It is important to be aware that you are perfectly entitled to seek compensation, and in fact encouraged to, if only to highlight the problem to the relevant people to make sure no one else suffers the same fate.
Claiming is a simple process, and with just a small initial amount of effort you can get the ball rolling with your accident claim. Many companies offer a free initial consultation service with a view to embarking on a no win, no fee compensation claim. There really is nothing to lose, and everything to gain. If you are unfortunate enough to have suffered a personal injury due to negligence on the part of a private company, public organisation or governing body, you should seek advice from a personal injury specialist who will help you to recover the compensation you deserve.
http://www.articleco.com/Article/Slip-Trip-or-Fall-Accident-Claims/45297
Whiplash Injury Claim
Whiplash injuries are caused by hyperextension of the neck both forwards and backwards in quick succession; people commonly experience whiplash injuries in circumstances where a collision causes rapid acceleration or deceleration. Often this is as a result of a road traffic accident, but in some contact sports people are susceptible to whiplash injuries.
Whiplash injury symptoms include the following;
� Neck pain/stiffness
� Shoulder pain/stiffness
� Lower back pain/stiffness
� Headaches
� Tingling/numbness in arms/hands/fingers
� Dizziness
� Fatigue
� Blurred vision
� Insomnia
� Concentration problems/short term memory loss
Symptoms can be experienced for a number of weeks after the accident, but your GP should be consulted immediately, to rule out any serious damage. Diagnosis is difficult since doctors cannot use MRI scans, X rays or CAT scans to determine the extent of the injuries, instead having to make a judgement based on the patients description of their symptoms. Immediately after the injury victims should apply some form of ice pack, to help reduce the chance of swelling around the affected area. The best way to treat a whiplash injury is not to wear a neck brace; in fact patients are actively encouraged to follow their normal routines as much as possible, to prevent the neck muscles and surrounding area from stiffening up even further. Obviously, painkillers such as paracetamol and ibuprofen are often prescribed to relieve the pain of the symptoms, but otherwise treatment is very straightforward. Neck braces are nowadays only ever used in extreme circumstances, as they are considered restrictive to the recuperation process.
If you are unfortunate enough to have suffered a whiplash injury, either on the road or on the sports field, you may be entitled to a no win, no fee, compensation claim - provided it can be proved that someone else was at least partly to blame. You will also be able to take advantage of a free first consultation, where your case will be assessed on a no obligation basis, to make sure both parties are happy to take the case forward. A no win, no fee claim is advantageous to the client because it means that you get to keep every penny of the compensation you are awarded - your lawyer will collect their court fees and legal costs from the defending party.
It is very important to make sure you shop around for the best company, as there are many accident lawyers around who will all offer no win, no fee claims. The key is to work with one who also offers a wealth of experience, and can show you legitimate testimonies from people who have achieved success with them in the past. If you have been involved in an accident which you think you are entitled to claim on, then get in touch with the lawyers at Accident Consult, a trustworthy company who will handle your claim in an honest and efficient manner, which is why they are the first choice for thousands of accident victims every year.
http://www.articleco.com/Article/Whiplash-Injury-Claim/46261
Whiplash injury symptoms include the following;
� Neck pain/stiffness
� Shoulder pain/stiffness
� Lower back pain/stiffness
� Headaches
� Tingling/numbness in arms/hands/fingers
� Dizziness
� Fatigue
� Blurred vision
� Insomnia
� Concentration problems/short term memory loss
Symptoms can be experienced for a number of weeks after the accident, but your GP should be consulted immediately, to rule out any serious damage. Diagnosis is difficult since doctors cannot use MRI scans, X rays or CAT scans to determine the extent of the injuries, instead having to make a judgement based on the patients description of their symptoms. Immediately after the injury victims should apply some form of ice pack, to help reduce the chance of swelling around the affected area. The best way to treat a whiplash injury is not to wear a neck brace; in fact patients are actively encouraged to follow their normal routines as much as possible, to prevent the neck muscles and surrounding area from stiffening up even further. Obviously, painkillers such as paracetamol and ibuprofen are often prescribed to relieve the pain of the symptoms, but otherwise treatment is very straightforward. Neck braces are nowadays only ever used in extreme circumstances, as they are considered restrictive to the recuperation process.
If you are unfortunate enough to have suffered a whiplash injury, either on the road or on the sports field, you may be entitled to a no win, no fee, compensation claim - provided it can be proved that someone else was at least partly to blame. You will also be able to take advantage of a free first consultation, where your case will be assessed on a no obligation basis, to make sure both parties are happy to take the case forward. A no win, no fee claim is advantageous to the client because it means that you get to keep every penny of the compensation you are awarded - your lawyer will collect their court fees and legal costs from the defending party.
It is very important to make sure you shop around for the best company, as there are many accident lawyers around who will all offer no win, no fee claims. The key is to work with one who also offers a wealth of experience, and can show you legitimate testimonies from people who have achieved success with them in the past. If you have been involved in an accident which you think you are entitled to claim on, then get in touch with the lawyers at Accident Consult, a trustworthy company who will handle your claim in an honest and efficient manner, which is why they are the first choice for thousands of accident victims every year.
http://www.articleco.com/Article/Whiplash-Injury-Claim/46261
Understanding No Win No Fee for Road Traffic Accident Claims
With road traffic accident claims there is always a dispute about who is to blame. To ensure that you win your road traffic accident claim it is very important you can prove that the accident was not your own fault. This can only be calculated on how much evidence the claiming party is able to present. As soon as the accident happens you need to write down the names, addresses of all parties evolved and witnesses. As soon as you can you should write down the description of the accident with a diagram and keep this safe. You will be asked to produce this when you put in a compensation claim for the accident. Trying to remember finer details weeks after the event will be tricky, so you should take notes as soon as possible while the details are fresh in your mind.
Some accident claim cases can be resolved though mediation without the need to go to court, this is true of a case where a lot of evidence is strong enough and the party believes they stand no chance. Only 10% of cases go to court which is why you can use a solicitor from anywhere in the country to work for you. Some cases where the accident is very serious a claim for compensation is far better served going to courts as the award may be larger and you will stand a more of a chance of a better pay out.
It is possible to spend months or years trying to get the responsible party to compensate you. You may also be concerned about how to pay for the fees involved. Conditional fee agreements or better known as the no win no fee agreements were introduced in 1995 when legal aid was still available for personal injury case. The reason it was introduced was to give the people with incomes above legal aid eligibility limits the chance to fund personal injury litigation. People whose income was just about the limit were still finding it difficult to pay for a solicitor. This no win no fee agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. Contrary to popular belief there has not been a compensation boom, in fact the number of claims has dropped since this time.
With pure no win no fee arrangements; no winning compensation is paid to the winners lawyer. The winner leaves the case with their entire award intact. You should however before signing on the dotted line check that there are no hidden fees.
Claiming compensation for personal injury is not a lottery win. They should only be pursued when an accident occurs which caused pain and suffering. You will not be able to claim for near misses or for personal injuries that doesnt really affect your life. Also just because you have been injured does not necessarily mean you will definitely get accident compensations no matter how good your injury solicitor might be. For a compensation claim to be successful you will need evidence from an injury specialist such as a doctor for the claim to even begin the process.
http://www.articleco.com/Article/Understanding-No-Win-No-Fee-for-Road-Traffic-Accident-Claims/47995
Some accident claim cases can be resolved though mediation without the need to go to court, this is true of a case where a lot of evidence is strong enough and the party believes they stand no chance. Only 10% of cases go to court which is why you can use a solicitor from anywhere in the country to work for you. Some cases where the accident is very serious a claim for compensation is far better served going to courts as the award may be larger and you will stand a more of a chance of a better pay out.
It is possible to spend months or years trying to get the responsible party to compensate you. You may also be concerned about how to pay for the fees involved. Conditional fee agreements or better known as the no win no fee agreements were introduced in 1995 when legal aid was still available for personal injury case. The reason it was introduced was to give the people with incomes above legal aid eligibility limits the chance to fund personal injury litigation. People whose income was just about the limit were still finding it difficult to pay for a solicitor. This no win no fee agreement eventually became available to fund most civil cases and the consequence of this was that legal aid was abolished 2000. Contrary to popular belief there has not been a compensation boom, in fact the number of claims has dropped since this time.
With pure no win no fee arrangements; no winning compensation is paid to the winners lawyer. The winner leaves the case with their entire award intact. You should however before signing on the dotted line check that there are no hidden fees.
Claiming compensation for personal injury is not a lottery win. They should only be pursued when an accident occurs which caused pain and suffering. You will not be able to claim for near misses or for personal injuries that doesnt really affect your life. Also just because you have been injured does not necessarily mean you will definitely get accident compensations no matter how good your injury solicitor might be. For a compensation claim to be successful you will need evidence from an injury specialist such as a doctor for the claim to even begin the process.
http://www.articleco.com/Article/Understanding-No-Win-No-Fee-for-Road-Traffic-Accident-Claims/47995
Most Frequent Complaints About Other Lawyers
1. Wont return phone calls. Ive had this one leveled against me once. This happened after about two months of not getting a cost deposit and when I checked my records I found I had e-mailed the parties back at 10 P.M after receiving a message at about 8 P.M. This resulted in me asking them to get another attorney, everyone knows setting up conference calls is tricky.
What is a reasonable response rate for a Memphis lawyer. If you call in the morning 80% of the time you should be called back the next day, especially with solo practitioner who are frequently out of office, which is the reason you should never expect a solo to call you back the same day unless clearly an emergency and they would be justified in calling you at eight at night. Occasionally, it will take a few days to call you back. The rule is after three days call the lawyer again. Were lawyers not organizational geniuses.
2. Wont do what I say. This ones a nasty one. Youre okay with what the other side agrees to but the lawyer just wont take the offer. Keeps telling you you can do better. Then when you dont agree to the expensive rabbit hunt all of a sudden problem one occurs and you cant close the case out. The quick solution is to ask for the bar number and threaten to report the attorney. This one is absolutely inexcusable.
3. Not fast enough. Leveled against me before. Frequently heard and frequently incorrect. Virtually every lawyer has an internal clock. Your case is most important to you. It probably isnt to me. If you have a two month old debt collection with no statue of limitation issue Im going to push it in favor of a child custody that needs attention. The fees charged will reflect this too. Ill ask for a higher retainer on a non-urgent litigation then on a child custody I think will need the same amount of work.
Most major work product should be done within about a month of when I say Ill get it done. Sometimes weeks sooner too. Past a week call me to check on it. Those get prioritized. If I get the feeling you dont care about your case I wont care a lot either, but dont be nasty I pencil shave the bills of clients I like all the time and stay up until two in the morning if I have too. Its all about the magical random slack time. This is lighting fast in Memphis Lawyer time. I have opposing counsel months behind on all sorts of stuff.
4. Theyre an idiot! Maybe, maybe not. I encounter a lot of idiots. Frighteningly enough, it doesnt seem to harm a lot of reputations or sometimes effectiveness. Sometimes the lawyers dont listen. They should explain the law and how it applies to your situation. If think they are speaking in gibberish they might just be spouting vaguely remembered legal terms from law school. You might not be able to follow the reasoning but you should see analysis. Ask how if something was different how it would change the situation. Theres no cure besides a new lawyer if they really are an idiot though. Beware each change increases the difficulty and cost of getting a new lawyer.
If your case gets complicated at all the lawyer should do at least one brief memo. Ask about research. If a lawyer doesnt do it then watch out. They may have turned into an idiot.
5. Overbilling. I see a lot of this though never of an intentional type. Its always subtle. Remember everyone likes to have it a little easy and value themselves and I'd never take offense at taking a double look at a bill. Never be accusatory unless you plan on changing lawyers. Mainly bigger firms are guilty. Ive had clients show me intra-firm e-mails that consumed a 3k retainer on a simple matter and accomplished nothing except apparently a gab session. Beware of multiple attorney firms, also minimum charges of � an hour and paralegals. Ask not to get charged for messages to call you that you leave.
A lot of times the best lawyers work in firms though. So what to look for. One attorney should be responsible for your case. Associates should be bossed around or leading your case and asking pointed questions. I know that sounds bad, but its what you as a consumer want. Group think can literally triple your bill. Discrete tasks are okay and can allow people to share a talented lead attorney.
When solos tend to overbill they do so by dragging out litigation. Ive rarely heard of a solo with minimal staff who itemizes being criticized on the billing front.
http://www.articleco.com/Article/Most-Frequent-Complaints-About-Other-Lawyers/32062
What is a reasonable response rate for a Memphis lawyer. If you call in the morning 80% of the time you should be called back the next day, especially with solo practitioner who are frequently out of office, which is the reason you should never expect a solo to call you back the same day unless clearly an emergency and they would be justified in calling you at eight at night. Occasionally, it will take a few days to call you back. The rule is after three days call the lawyer again. Were lawyers not organizational geniuses.
2. Wont do what I say. This ones a nasty one. Youre okay with what the other side agrees to but the lawyer just wont take the offer. Keeps telling you you can do better. Then when you dont agree to the expensive rabbit hunt all of a sudden problem one occurs and you cant close the case out. The quick solution is to ask for the bar number and threaten to report the attorney. This one is absolutely inexcusable.
3. Not fast enough. Leveled against me before. Frequently heard and frequently incorrect. Virtually every lawyer has an internal clock. Your case is most important to you. It probably isnt to me. If you have a two month old debt collection with no statue of limitation issue Im going to push it in favor of a child custody that needs attention. The fees charged will reflect this too. Ill ask for a higher retainer on a non-urgent litigation then on a child custody I think will need the same amount of work.
Most major work product should be done within about a month of when I say Ill get it done. Sometimes weeks sooner too. Past a week call me to check on it. Those get prioritized. If I get the feeling you dont care about your case I wont care a lot either, but dont be nasty I pencil shave the bills of clients I like all the time and stay up until two in the morning if I have too. Its all about the magical random slack time. This is lighting fast in Memphis Lawyer time. I have opposing counsel months behind on all sorts of stuff.
4. Theyre an idiot! Maybe, maybe not. I encounter a lot of idiots. Frighteningly enough, it doesnt seem to harm a lot of reputations or sometimes effectiveness. Sometimes the lawyers dont listen. They should explain the law and how it applies to your situation. If think they are speaking in gibberish they might just be spouting vaguely remembered legal terms from law school. You might not be able to follow the reasoning but you should see analysis. Ask how if something was different how it would change the situation. Theres no cure besides a new lawyer if they really are an idiot though. Beware each change increases the difficulty and cost of getting a new lawyer.
If your case gets complicated at all the lawyer should do at least one brief memo. Ask about research. If a lawyer doesnt do it then watch out. They may have turned into an idiot.
5. Overbilling. I see a lot of this though never of an intentional type. Its always subtle. Remember everyone likes to have it a little easy and value themselves and I'd never take offense at taking a double look at a bill. Never be accusatory unless you plan on changing lawyers. Mainly bigger firms are guilty. Ive had clients show me intra-firm e-mails that consumed a 3k retainer on a simple matter and accomplished nothing except apparently a gab session. Beware of multiple attorney firms, also minimum charges of � an hour and paralegals. Ask not to get charged for messages to call you that you leave.
A lot of times the best lawyers work in firms though. So what to look for. One attorney should be responsible for your case. Associates should be bossed around or leading your case and asking pointed questions. I know that sounds bad, but its what you as a consumer want. Group think can literally triple your bill. Discrete tasks are okay and can allow people to share a talented lead attorney.
When solos tend to overbill they do so by dragging out litigation. Ive rarely heard of a solo with minimal staff who itemizes being criticized on the billing front.
http://www.articleco.com/Article/Most-Frequent-Complaints-About-Other-Lawyers/32062
Seeking Support from a Mesothelioma Lawyer
If you are reading this article, you probably are concerned about yourself, a loved one, or a friend who has been diagnosed (or died) with some form of mesothelioma. Many people who have just been diagnosed with an asbestos related mesothelioma cancer are in shock and have many different things to think about.
Some of the issues and concerns on your mind may include the prognosis for your recovery, the different types of treatments that are available to you, how your symptoms will progress, how sick will you become with the disease, and, maybe most on your mind is, how you and your family will be able to live if you are unable to work and earn a living let alone how you will be able to pay the medical bills.
One of the first things to take under consideration is how to determine what type of lawyer is the most capable in dealing with issues of mesothelioma. Picking the right attorney is the key to your success in this undertaking.
There was an article in the Wall Street Journal several years ago saying that the average settlement or award on a mesothelioma lawsuit is around $1,000,000. It is the general practice that the mesothelioma lawyer receives 40% of the settlement or award amount for their work. The article went on to say that many of the lawsuits settle out of court but if a case does go to court, the typical settlement in 2001 was $6,000,000.
Given these figures, it is not surprising that mesothelioma attorneys work diligently to recruit mesothelioma patients or families, so it is critical for you to be sure you take your time in your selection of a lawyer to represent your case and to only select one that feels right to you.
There are many mesothelioma attorneys to choose from so you do not have to select the first one in the phone book or that first one that comes up on a google internet search for mesothelioma lawyers.
You may be wondering why you have legal rights associated with the disease of mesothelioma when other forms of cancer do not have these protections. This is an excellent question and the answer is, f you have mesothelioma you may have fallen prey to the greed that overtook corporations who used asbestos products in their line of work.
Corporations knew 60 years ago about the risks associated with asbestos but many of them did nothing to inform their employees of the risk nor did they begin using alternative products. There have been cases of people acquiring mesothelioma from inhaling the fibers brought in on the clothes of a family member. Laws have been put into place to protect those who have been harmed and/or died from asbestos exposure.
If you feel you have been a victim of asbestos exposure, here are a few questions to think about as you decide which mesothelioma attorney or law firm to use.
Experience Questions
* When you meet with a mesothelioma attorney, inquire about what personal experience he has had in defending patients with mesotheluoma. You want the attorney to tell you exactly how many clients he has handled personally and how many his firm has handled.
* Ask how many cases were settled out of court and how many went to trial. Be sure to include a question about the outcome of each case
Case Management Questions
* Find out if the law firm, or attorney, handles the mesothelioma cases themselves or whether he refers clients to other law firms and receives a percentage of the final settlement fee in exchange for this referral.
What Happens During the Lawsuit Process and Attorney Fees
* It is important that you ask the attorney what the lawsuit process will look like, how long it will take, and how the attorney expects to be paid. Typically this process takes many months and sometimes even years.
* It is common that attorneys front the initial costs for the clients and make up their compensation when the settlement or trial if completed. It may happen in some cases, where a settlement or award is made, that the attorney earns no money for his time and effort.
A great deal is at stake if you actually do qualify for legal compensation so be sure to interview several attorneys and make a selection on their answers to your questions and on how you feel about them as your advocate.
http://www.articleco.com/Article/Seeking-Support-from-a-Mesothelioma-Lawyer/41900
Some of the issues and concerns on your mind may include the prognosis for your recovery, the different types of treatments that are available to you, how your symptoms will progress, how sick will you become with the disease, and, maybe most on your mind is, how you and your family will be able to live if you are unable to work and earn a living let alone how you will be able to pay the medical bills.
One of the first things to take under consideration is how to determine what type of lawyer is the most capable in dealing with issues of mesothelioma. Picking the right attorney is the key to your success in this undertaking.
There was an article in the Wall Street Journal several years ago saying that the average settlement or award on a mesothelioma lawsuit is around $1,000,000. It is the general practice that the mesothelioma lawyer receives 40% of the settlement or award amount for their work. The article went on to say that many of the lawsuits settle out of court but if a case does go to court, the typical settlement in 2001 was $6,000,000.
Given these figures, it is not surprising that mesothelioma attorneys work diligently to recruit mesothelioma patients or families, so it is critical for you to be sure you take your time in your selection of a lawyer to represent your case and to only select one that feels right to you.
There are many mesothelioma attorneys to choose from so you do not have to select the first one in the phone book or that first one that comes up on a google internet search for mesothelioma lawyers.
You may be wondering why you have legal rights associated with the disease of mesothelioma when other forms of cancer do not have these protections. This is an excellent question and the answer is, f you have mesothelioma you may have fallen prey to the greed that overtook corporations who used asbestos products in their line of work.
Corporations knew 60 years ago about the risks associated with asbestos but many of them did nothing to inform their employees of the risk nor did they begin using alternative products. There have been cases of people acquiring mesothelioma from inhaling the fibers brought in on the clothes of a family member. Laws have been put into place to protect those who have been harmed and/or died from asbestos exposure.
If you feel you have been a victim of asbestos exposure, here are a few questions to think about as you decide which mesothelioma attorney or law firm to use.
Experience Questions
* When you meet with a mesothelioma attorney, inquire about what personal experience he has had in defending patients with mesotheluoma. You want the attorney to tell you exactly how many clients he has handled personally and how many his firm has handled.
* Ask how many cases were settled out of court and how many went to trial. Be sure to include a question about the outcome of each case
Case Management Questions
* Find out if the law firm, or attorney, handles the mesothelioma cases themselves or whether he refers clients to other law firms and receives a percentage of the final settlement fee in exchange for this referral.
What Happens During the Lawsuit Process and Attorney Fees
* It is important that you ask the attorney what the lawsuit process will look like, how long it will take, and how the attorney expects to be paid. Typically this process takes many months and sometimes even years.
* It is common that attorneys front the initial costs for the clients and make up their compensation when the settlement or trial if completed. It may happen in some cases, where a settlement or award is made, that the attorney earns no money for his time and effort.
A great deal is at stake if you actually do qualify for legal compensation so be sure to interview several attorneys and make a selection on their answers to your questions and on how you feel about them as your advocate.
http://www.articleco.com/Article/Seeking-Support-from-a-Mesothelioma-Lawyer/41900
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