Children whose doctors mishandle them during birth are affected from permanent, debilitating injuries. Typically, such things happen when their doctors have a problem with the delivery. This could mean that there were complications during the birth or how the doctor simply mishandled the newborn throughout the delivery or shortly after birth.Some of the most common injuries involve babies’ lungs and brains. Many babies have trouble breathing directly after birth. This may be because of a birth defect or because a doctor fails to monitor a baby’s breathing, allowing him or her struggle to breathe for a few minutes. This, in turn, may affect other parts in the body.
Additionally, since babies have soft skulls, their brains are in danger of suffering trauma. A brain injury is more likely to occur when a doctor misuses forceps during delivery or forces the child through the birth canal. Brain injuries usually affect either cognitive or motor skills, however in some cases they might actually affect both.
Many of the conditions that could arise from these injuries are facial paralysis, cerebral palsy, Erb’s palsy, shaken baby syndrome, and brain and spinal damage. Some of these conditions are treatable with surgery and rehabilitation. Others may be permanent. Still others may be deadly, depending on severity of the injuries.
Parents of children who have suffered birth injuries may be entitled to financial compensation to help cover the medical expenses associated with their children’s conditions as well as for the pain and suffering these particular injuries put the affected families through.
Before pursuing compensation, individuals should seek experienced lawyer for assistance with building and fighting their cases.
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Although most people believe that it is always necessary to get any agreement in writing, there are cases where a verbal agreement is legal and valid. However, since there are just as many instances where a written agreement is necessary or, at the very least helpful, it is a good idea to know which situations call for which types of agreements.
The general rule of thumb for deciding if a contract needs to be in writing is determined by the nature of the contract. For example, any agreement that is related to your business, large personal assets such as your home and contract work that will take over a year to complete should be written down in a contract and made binding. However, an agreement that involves a low amount of financial risk, is between family members or is not necessary as part of your daily business can be verbally contracted.
The disadvantage to any verbal agreement, however, is the fact that they can be hard to enforce. For example, if you loan your brother fifty dollars and he verbally agrees to pay you back in three weeks but three weeks come and go without repayment, it could be difficult to get your money back. Without a signed, written agreement, your brother could claim that the said he would repay you in four weeks, or worse, he could claim the money wasn’t a loan but rather a gift. In this type of situation, aside from stopping all communication with your brother, there are really no legal actions you could take. You could attempt to sue your brother, but the lawsuit could end up costing you more than your original fifty dollars, or you could win the lawsuit only to have the judgment dismissed because he cannot afford to pay you back.
Another drawback to a verbal agreement is that many times they do not encompass all of the details necessary to a contract. For example, you may make and agree to sell woodcarvings from your home part-time to a friend. Without a written agreement you may end up facing problems down the road. For instance, he may decide that the items are not selling and refuse to pay you for the items you have already made. On the other hand, you may agree verbally on a price and then find out after delivery that your friend expects to pay a lesser amount. In either case, having a written contract that spells out every conceivable option for the agreement will protect both party’s rights and interests.
Just as some agreements do not call for a written contract, some agreements must be written down to be legally binding and to fully protect you and you assets from harm. These types of agreements usually involve the sell of real estate or other expensive material possessions, the loaning of substantial amounts of money any agreement that outlines the delivery of services.
While individuals can generally write up most contracts it is usually best to hire an attorney to draft any contracts that are related to your business or that concern large money amounts or contracted services. Although you may wish to write the contract up yourself to avoid any legal fees, paying an attorney now could save you hundreds of dollars later. If another party draws up the contract it is best to hire an attorney to look the contract over before you sign it. When searching for a lawyer, it is recommended that you contact one that has experience in business contracts or that specializes in legal business issues.
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Accidents and personal injuries can never be prevented. It can happen anytime and anywhere without even knowing it. You are unaware with the things that are going to happen with your surroundings. Since this is unstoppable, there are certain rules to compensate with your losses and injuries. In doing so, consulting a lawyer will ease the burden and you can fight for your rights just the way it should be.
Some people and victims decline to consult a lawyer with the thought that seeking one will only make them spend a lot of money without winning anything and make it even worse. Sometimes they fear of making their case get too complicated so they remain silent and still. Everyone has the right to be defended and reserves to fight for their rights.
It is true that cases and hearings are too stressful and nerve-racking but if you caught a good lawyer to handle your case, it is never a problem at all. You just leave it to your lawyer and you will be left worry-free.
If by chance you get involved in a personal injury case, you should claim for your compensation with no second thoughts. It will never be difficult in dealing with it as long as you find the right lawyer to guide you with the proceedings. Filing a case will never be a hassle if you have a lawyer because they all do the steps for you and all you have to do is state your claims.
This is never a problem anymore because there are so many lawyers to consult. One good thing is you will never think that your lawyers will not exert their efforts because they will be paid if your case gets successfully resolved. So you will never have to pay for nothing and waste a big amount of money. Plus, you get fully compensated with all your claims and make sure you are left with nothing.
Your compensation will cover repairs, medical treatment, doctor fee, damages on your vehicle and other evident physical injuries. So if you experienced all these, it is very necessary for you to consult a lawyer. They are designed to keep your case on the right track. So when you feel that your rights are violated, do not have doubts to consult a lawyer before you miss it all!
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If you have been in an accident, whether at work, in an automobile or under some other circumstances, you may be wondering if you need to seek the advice and counsel of an attorney. On one hand there are the advertisements by lawyers on television that insist that you need their help to protect your rights. On the other hand, the insurance company that is handling your claim may insist that they are doing everything necessary for your interest and health. Who should you believe?
In most cases it is advisable to seek the counsel of an attorney. Even if you do not end up hiring him or her to represent you, it is a good idea to at least consult with them to make sure that you understand all of the legal repercussions of your injury. Many times, certain laws or rights maybe unknown to you, or worse, the insurance company may not willingly inform you of all of your rights.
In order to get what you deserve and need from any accident settlement, it is important to follow a few standard guidelines. First, as soon as possible after the accident, even if you think it might have been your fault, you need to at least seek an initial consultation with an attorney. Although you may feel as though you cannot afford legal help, it can be more costly to ignore your case or try to process it alone. Through an initial consultation a lawyer can help you determine whether you even have a case, who is at fault if you do, what actions can be taken and advise you about any time limits you face before your case would be invalid. It is also a good idea to speak with a lawyer before speaking to anyone else about the case. This includes any one at your place of employment, the other party’s insurance companies and their lawyers.
By deciding not to retain a lawyer, you could also be losing out on money that you will need in the future. For example, if the other party’s insurance company states that they will pay your medical bills, you may feel as though that is fair. But what happens if any of the symptoms come back after your initial treatment? Since you have already settled with the insurance they are not likely to come back and pick up the tab for further medical or hospital bills. Another disadvantage to settling with an insurance company without first speaking to a lawyer is that in some cases you may not notice or feel the consequences of your injuries until months after the accident. In these cases, lawyers are experienced enough to know what the long-term effects of certain injuries can be and they can help to protect you from future financial problems due to medical issues or setbacks.
In the case of an automobile accident, it is always a good idea to retain the services of an attorney, even if you where the only party injured in the accident or if you feel that the accident was definitely your fault. Many times what victims of an accident say at the time of the incident will change once they have had a chance to talk their attorney, insurance company or even friends. In order to protect yourself from further fault, you should hire an attorney to defend you against any false claims.
In the case of a work related accident you should always seek legal advice. Most workmen’s compensation cases are very complex and the outcome of any trial could greatly affect your future workload and financial security.
Any other type of accident that does not fall under these guidelines should also be taken to a lawyer, at least for an initial review. Only an attorney can tell you for sure if legal representation is necessary in your case.
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If you suffer an injury resulting in significant damages you will need to hire a personal injury lawyer. But in any given city, there are probably over 20 pages of personal injury attorney listings in the phone book. How do you pick the right one? What do you look for? What questions should you ask?
Here are 7 things you should know before hiring your injury lawyer…
1) The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you’re not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.
2) Hire a personal injury lawyer that specializes in your specific type of injuries. Do your homework before signing the retainer agreement. Visit the firm’s website and read up on it’s history and each lawyer’s biographical information. Ask the lawyer for some referrences and ask how much experience they have in handling cases with similar injuries. What settlement awards did they get in those cases?
3) Have a face-to-face meeting with your prospective lawyer. Your personal injury lawyer is going to be your closest advisor during this difficult time. You must feel comfortable and trust your lawyer. The only way you’ll get a feel for the lawyer is by having a sit-down to discuss your case. Any good personal injury lawyer will give you an initial consultation free of charge.
4) Hire a lawyer that will take your case on a contingency fee basis. This means that your lawyer won’t get paid unless you get paid. He will take his fee out of the money you receive for your injuries. You can expect your lawyer to take about 33% of your final settlement – that’s after expenses are taken off the top. Make sure you clearly understand the payment structure before you sign the retainer agreement.
5) Beware of ambulance chasers. The goal of these lawyers is to get lots of minor personal injury cases and settle them quickly – they make their profit from high turnover. So naturally they won’t put as much time and effort into each case as they should. (If you’re looking for a quick settlement be prepared to accept less than what your case is really worth.)
6) Hire a lawyer with a good Martindale-Hubbell rating. This service evaluates lawyers in the U.S. and Canada based on peer review. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.
7) Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.
NEVER give a recorded statement to a representative from any insurance company until you’ve consulted a lawyer. When the rep. asks for one simply say, “I’m not prepared to give a statement at this time.” A recorded statement can be used as evidence and if you’re not prepared you might overlook important details. Anything you miss (or misrepresent) can be used against you in settlement negotiations and in the trial.
Bankruptcy discharge is a legal document that permanently eliminates your entire debt obligation. After obtaining Bankruptcy discharge you become no longer liable to your creditor. While Chapter 7 Bankruptcy gives you immediate discharge by liquidating your asset, Chapter 13 Bankruptcy helps you to discharge your debt by restructuring the original loan term. It has to be remembered that we cannot discharge all of our debts like alimony, child support or debt arising out of fraud act and criminal act or debt pending on court imposed fines. However, unlike debt settlement services, bankruptcy can legally protect you from any type of creditor harassment in future.
Bankruptcy discharge procedure may work in different ways, depending on whether you are a first time, second time or a third time bankrupt.
If you are first time filing bankruptcy and have no additional income, you can obtain automatic discharge within nine months of completing your duties. But, if you have some surplus income, you will get bankruptcy discharge after 12 months.
For a second time bankrupt person with no surplus income, bankruptcy discharge can be obtainable after 24 moths. And for one who has surplus income, bankruptcy discharge can be achieved after 36 months.
Third time bankruptcy filer will not be able to discharge his debt in the direct manner. He has to appeal to the trustee and then the trustee will file bankruptcy petition to the bankruptcy court. Depending on various criteria, the judge will decide whether you will be granted bankruptcy discharge or not.
However, a bankruptcy discharge can be opposed on various grounds such as criminal investigation, breach of contract or negligence of duties as specified in Bankruptcy and Insolvency Act.
After filing bankruptcy your creditor cannot legally contact you and force you to pay back your unpaid debt. Even, once you file it, an immediate stay order is put in place, enforcing your creditors to halt in your collection effort.
A creditor may hold a trustee deed on the principal property of the debtor. But he cannot move on with foreclosure proceedings if the debtor files Chapter 13 Bankruptcy. If the debtor files Chapter 7 Bankruptcy, then the creditor can contact with the debtor’s attorney to understand how the collateral will be used to pay off his credit.