Lawyers for Dog Bites: How to Know if You Should Hire One
With around 4 million people experiencing dog bites each year, this is not a small problem. You may be wondering if you should look into lawyers for dog bites or if you should just “let it go.”
The thing to think about is that if you just “let it go,” who could be hurt by this dog again? Left unchecked, this dog could be allowed to continue hurting people because of the negligence of its owner.
Continue reading this article to learn whether you should hire a dog bite lawyer or not.
Check to Make Sure You’re Within the Statute of Limitations
Before you hire an attorney, you should check to make sure you aren’t over the statute of limitations. You’ll need to check your specific state to find out the laws that govern your case. There are some instances when the time may pause and you’ll technically be able to make a claim longer than the stated time in the statute of limitations.
Check If the Owner is Liable
Different states have different laws for dog owner liability. Some state’s laws only state that the owner is liable when the dog bites someone. In other cases, the owners are liable even if the dog causes an enjoy from knocking someone over or something similar.
Feeling Confused & Overwhelmed?
If you’re feeling confused and overwhelmed, it might be a good time to speak with an attorney that can help you with your dog bite case. Being attacked by an animal is a traumatic experience and you might be due compensation.
If you aren’t aware of the state laws that are in place to protect you, you might not know how to best plead your case. When you work with a dog bite attorney that practices in your local area, they know the laws and they know how to bring the case before the court properly. In some instances, you may not even need to take the case to court because people will settle outside of court.
How to Choose a Good Dog Bite Lawyer
Once you know you need legal help and want to hire a lawyer, you shouldn’t put your case in the hands of just anyone. Making sure you work with someone that can help you get the compensation due to you is key vs. just trying to find an attorney that is the least expensive.
Here are some ways to make sure you find a lawyer that can help you with your case.
1. Experience With Dog Bite Cases in Your Locale
Working with an attorney that has experience negotiating and arguing cases in your locale is an important part of getting the compensation due to you. A general practice attorney may not have much more experience or knowledge on dog bite law than you, so make sure to do your homework.
2. Positive Ratings Online
Before scheduling a meeting with a lawyer, look at their ratings online. While the information on their site might be helpful, you want to see what independent ratings people are giving them. Look at their Google My Business page, Yelp, and other sites to see what people are saying.
You can also find forums online that are meant to specifically help people searching for reviews on attorneys. You can post your questions there and see if anyone knows about the attorney you’re considering.
3. Ability to Answer Questions
If you do find someone that is a good candidate to help you with your case, bring a list of questions. If they aren’t able to help you with the questions, it’s unlikely they are the right lawyer for you.
Keep in mind that you shouldn’t ask attorneys to provide you their services for free. Keep your questions to questions about their qualifications and how they see themselves being able to help you with your case.
4. Availability
Making sure you find an attorney that is available to work your case is a must. If you notice that the attorney isn’t able to return your calls in a timely manner, they likely don’t have time to work on your case.
You don’t want to draw your case out any longer than you have to. Having an attorney that is too busy to negotiate or argue your case properly could hurt your chances of getting a fair settlement from your personal injury.
Check to see if the attorney is going to be the one that is working your case or if they are going to hand your case off to a junior attorney. They may also have a paralegal do most of the work.
While it’s not a bad thing if these people handle your case, you should understand how they are going to do it. If you don’t feel comfortable with the way they’re dealing with things, find another attorney to work with.
5. Lawyers for Dog Bites Affordability
While you don’t want to choose an attorney purely off of price, you do want to find someone that is within your budget. You may be able to find an attorney that has all of the qualifications you need that offers a payment plan. Don’t be afraid to ask how they can work with you if you’re tight on funds.
Increase Your Legal Savvy
Now that you know more about lawyers for dog bites and whether you should hire one, why not continue your learning journey? We have many articles that will help you increase your legal savvy.
Navigate through our site, find your favorite section, drop a bookmark and come back soon for more great reads.
How to Help Your Juvenile Delinquent: The Top Things to Know and Do
It’s heartbreaking when your son or daughter gets in legal trouble. As a parent, you have done your best, but children often make bad decisions that are far beyond your control. You love your child and want the best for him or her, but some choose on their own to go down a dark and negative path.
If your son or daughter has been labeled a juvenile delinquent, you may be beginning to lose hope. Your child likely is, too; words used to describe an individual can have deep meaning and can influence who that person becomes in the future.
Don’t give up. There are a number of things that you can do to help your son or daughter, and that can help him or her to move forward in life, to move beyond past missteps, and to become a law-abiding, successful and productive adult.
Juvenile Court
Chances are, if you are reading this, you are already somewhat familiar with the juvenile court system. When someone under the age of eighteen breaks a law, he or she is tried, convicted and punished by a court specifically for their age group. In some states and for some offenses, someone under eighteen may be tried as an adult.
Juveniles who face court can be tried for criminal acts, but in juvenile courts, the proceedings are civil rather than criminal. The offender is charged with a delinquent act rather than a criminal offense.
A small percentage of cases in juvenile court are the result of status offenses rather than crimes. Status offenses are offenses that apply only to individuals below a certain age, such as truancy, possession of tobacco or alcohol or curfew violations.
Fortunately, in either situation, most juvenile delinquent conviction records are sealed or expunged when the child reaches adulthood, as long as the individual has met certain conditions. Since over 2.1 million juveniles are arrested in the United States each year, this is a good thing; it gives many a chance to turn their lives around and can offer them hope for a better future.
Helping Your Juvenile Delinquent Child
There are a number of things you can do to help your child when he or she is arrested, and there are many things you can do to keep an arrest from happening again.
Know That Everyone Makes Mistakes
Children and teens are growing and learning. Although your first reaction to an arrest may be anger, consider your overall feelings before reacting. Understand that everyone makes missteps in life, and your son or daughter is no exception to that rule.
Find the Root of the Problem
There are many risk factors that can lead to delinquent acts. Individual issues such as depression or anxiety can be one cause. Family issues can be another. Peer groups can be a major influence on a child’s decision-making.
Determine what lead to the offense, and work to fix it. Consider seeking counseling such as MRT counseling. MRT counseling, or Moral Reconation Therapy, is designed specifically to help juvenile and adult criminal offenders to determine the reasons they committed crimes and the ways they can work towards not doing so again in the future.
Seek Legal Counsel
If your child is accused of a crime or a status offense, you will need to obtain an attorney to help guide you both through the legal process. Unfortunately, although juveniles have a constitutional right to legal counsel, just like adults do, in most states, families must eventually pay for even court-appointed attorneys, even if they cannot really afford to do so.
Set Boundaries
It’s crucial that parents make rules and stick to them, and that when they break rules, there are consequences. Setting curfews and requiring that they complete chores before fun activities begin will help to prepare your son or daughter for adulthood. Further, it will help him or her to understand that everyone of all ages has responsibilities and must follow rules.
Encourage Involvement in Activities
The best way to stay out of trouble is to get deeply involved in something positive. Sports, lessons, hobbies, volunteering, and activism are all good things that can help to teach your child skills and values that he or she will use for the rest of his or her life.
Be a Support System
Most of all, be there for your child. Have an open-door policy and encourage honesty and openness on both sides. Make your home a safe and happy place, and instill the value of family relationships. This type of support can go a long way.
Good Luck and Stay Positive
If your son or daughter is a juvenile delinquent, don’t lose hope. There is still time to turn things around and to ensure a happy, healthy, trouble-free future for him or her. Many children and teens can and do bounce back from a youth of legal trouble and go on to be successful adults. Yours can too.
If you want to read more about the legal system in our country, or are searching for a lawyer for your child or any other reason, please check out the rest of our site.
Marriage License Laws in Arizona
People often get very caught up in the romantic part of marriage, and they forget about the legal aspect of marriage. When you get married, you are forming a legal union with another person. Because marriage is a legal matter, it is important to be informed about marriage license laws. Each state has different marriage license laws. The purpose of this article is to inform and educate people about the marriage license laws in Arizona. If you plan on getting married in Arizona anytime soon, read this article carefully because the information is very important to you.
Marriage License Laws in Arizona
Cost
Everyone knows that the actual wedding itself can be expensive, but not everyone may know that there is a fee to get a marriage license. If you are purchasing a marriage license in Arizona the fee is $83.00. If you are buying the marriage license at a Justice Court, then you can only pay with a money order. If you are purchasing your marriage license anywhere else, then you can pay with cash, debit/credit card, or a money order.
Process
Both people must be at the appointment to get the marriage license. If both people are not there in person, then you cannot get a marriage license and there goes your healthy marriage. Both people must have a valid government issued ID to show proof of identity and age. Both people must also provide their social security number. The marriage license must be issued 30 days before the wedding day ceremony, signed after the ceremony is finished, and then returned no later than 30 days after the ceremony. You have one year to complete the marriage ceremony after you were initially issued your license. Most couples hire a wedding day coordinator to help keep the checklist in order, which includes marriage license and other important things like the wedding DJ, flower arrangements and catering.
Age
Each state has different laws regarding ages that people can get married at. In the state of Arizona, no one can get married under the age of 16. This law is relatively new as it was issued in 2018. If you are 18 or older you are allowed to get married and can be issued a marriage license fairly easily. If you are between 16 and 18 there are a few things that must be done before you can get married. You must have either an official emancipation order or a notarized parental consent form. You must also either have your legal parents or guardians be present or have copies of the front and back of the parent/legal guardian’s ID. You must provide both your birth certificate and a valid government issued ID. In the state of Arizona it is a law that neither party may be more than 3 years older than the other when one of the people is under the age of 18.
If you want to obtain a covenant marriage license, the cost is the same as a regular marriage license. The difference with a covenant marriage license is that you must have a notarized statement from a clergy or counselor that states that both people are aware of the details regarding what a covenant marriage is.
In Conclusion
Getting married in Arizona is a simple process, as long as you are prepared and informed about the marriage license laws in Arizona. Be sure to have the proper documentation required, and bring the proper amount to purchase the marriage license with. Don’t forget to turn in your marriage license too, so it can be legally official.
Everything You Should Know About Truck Driver Accident Law
In 2017, over 4,000 people passed away in large truck accidents. If you’ve been involved in a truck driver accident, you need to realize that this isn’t your typical car accident.
There are a few things that are unique to these types of accidents. Understanding these features will help you seek the compensation you deserve for your damages.
Read this guide to understand truck accident law.
How Truck and Car Accidents Differ
When two vehicles collide, they’re generally in the same range as far as weight and size are concerned. However, when a truck and passenger vehicle collide, the truck is significantly larger.
The size difference results in more damages and a higher rate of injuries. What would be a fender bender between two passenger vehicles could be disastrous between a truck and a car.
Common Causes of a Truck Accident
There are certain situations that commonly cause truck accidents. Because of this, courts tend to give drivers a bit more leeway in these situations. They’re important to know when preparing your case.
Wide-Angle Turning
Large trucks have different turning capacities that make driving on more narrow roads tough. You’ve probably noticed them taking up several lanes to accomplish a turn.
Jackknifing
This happens when the trailer and the cab of the truck end up in a bent, doubled-up position. This is common in an accident situation when the truck driver is forced to brake hard unexpectedly.
Braking
Drivers forget that trucks need a lot more time and distance to come to a complete stop. Because they’re so large and heavy, physics takes over, and accidents happen because other drivers don’t give the truck enough space on the road.
Seek Compensation From Multiple Parties
There are more parties than just the driver that can be held liable. Depending on the employment status of the driver, you may be able to recover from the company the driver works for and their insurance company, plus:
- Contractor
- Truck driver’s employer
- Manufacturer or shipper of the cargo
Typically, you won’t be able to bring the shipper into this sort of claim. However, if the cargo was toxic, flammable, or dangerous, then it may have aggravated the situation. This can make the shipper liable for part of the damages.
This is why speaking with an attorney is so important. Your legal counsel will be able to advise you on all of the parties you can and should name in your recovery lawsuit.
You Need a Special Lawyer
If you’re involved in a truck accident, you shouldn’t hire just any auto accident attorney. You need to hire a truck accident lawyer who has experience with the unique intricacies of these accidents.
They also have experience dealing with the insurance companies that back trucking companies. These companies have a large number of resources and are prepared to fight. You need an attorney who knows how to get you compensation for your damages.
Seek Recovery for Your Truck Driver Accident
If you or a loved one has been injured in a truck driver accident, then you need to seek medical care and talk to an attorney. This will ensure that you receive the care that you need and the compensation you deserve.
Browse our legal categories for more advice on a variety of legal topics.
How to Junk a Car With No Title: Everything You Should Know
The problem with scrapping a car if you don’t have a title is that people don’t have proof you’re the owner. While you may be trustworthy and have zero criminal convictions on your record, the person you’re selling to doesn’t know that you haven’t stolen the vehicle.
Luckily, there are several ways to work around the issue. If you need some ideas for how to get rid of your junk car, read on. Here’s how to junk a car with no title.
Apply for a New Title
Each state has requirements for proving ownership. In some cases, you can bring in an old proof of registration to the BMV when applying for a new title, along with your state ID or driver’s license.
If the vehicle isn’t yours, but you have the owner’s permission to apply for the title, you’ll need to have a power of attorney form to give you the authority to run the errand. Once you have the title, you can ask the scrapyard to pick up the car, saving you a trip.
Donate It
Give your old car to the charity of your choice. If it’s in good enough shape they can use it for deliveries or other transportation needs. If not, they may be able to sell it or scrap it.
Make sure it’s an IRS-recognized charity if you want the tax deduction. If you don’t have the title, let them know ahead of time. Some charities won’t accept cars without the title. Check out this site for more information about tax writeoffs.
Scrap It
Sell your junk car to a scrap yard if they will take it. Certain states have requirements about proving ownership, so make sure that you know why the title is missing and can prove that you’re the owner. Without a title, the salvage yard will pay less because they’ll pay the fee to transfer ownership.
In Florida, you’ll need to sign a document attesting that you’re the owner. It also has to be worth less than $1000 and more than 10 years old. In some parts of California, you can’t scrap a car at all without the title.
Since the laws vary by state, you’ll want to check with the salvage yards in your area to see what specific requirements they have. They’re careful to follow the laws to make sure they can stay in business, so they’ll be able to help you with the process.
Scrap It Yourself
If you’re handy, take the car apart yourself and scrap the parts individually. Saving some of the working parts and selling them one at a time may be the best way to get the most money from the car.
You can also cut up the metal from the car and scrap it, as well as selling the tires to a re-treader. While this is still legal if you own the car, some scrap yards won’t take it if it still looks like it came from a car if you can’t prove ownership. If necessary, you may have to cut up the metal so it doesn’t resemble a vehicle.
The Legal Way to Turn Junk A Car With No Title
If you’ve lost your car’s title or inherited a vehicle you can’t find the title for, you have options. The options above can help you junk a car with no title, despite the missing paperwork.
Did you find this article helpful? Check out the rest of our website for more information!
Questions You Need to Ask Any Contractor
Let’s say that something big breaks in your home. It’s a pain when you have to deal with an unforeseen expense. Sometimes, it seems like a better idea to just hire a local handyman to get the job done rather pay a premium amount for a real contractor. It’s not that big of a deal, right?
Wrong.
There are some things you should know about unlicensed contractors so you’re not on the hook if things go wrong. For example, as the homeowner you’ll assume financial responsibility and liability if the handyman gets injured on the job, the job becomes problematic, or the finished product doesn’t meet code.
If you want to protect yourself from accidentally doing work with an unlicensed contractor, keep reading below for a comprehensive list of questions to ask next time you’re hiring. That way, you’ve done your due diligence to ensure a protected job well-done.
1. Are you licensed?
This might seem like a silly question. However, don’t be ashamed to ask! Any real licensed contractor will be able to fulfill the full set of requirements for contractors. If they’re not able to present the documents to you, you can easily check online for their status. If you start your questioning here, you’ll be able to weed out a lot of candidates that don’t measure up to the standard you hold. Doing business with someone unlicensed isn’t always bad news, but it does greatly increase your risks and holds liability over your head.
2. Can I have the contact information for your insurance agent?
You don’t want to do business with someone who isn’t insured to get the work done. While it might seem easier to just take a look at their insurance policy, there’s no way to guarantee it’s still valid. The only way to get full confirmation is by calling the agent yourself. While you’re at it, ask them to add you to the policy as “additional insured” so you know you’re protected.
3. Can you provide me all the lien releases?
A lien release is an important document that will protect you from having any liens placed on your home due to unpaid subcontractors or vendors. Don’t take their word for it, ask to actually see it. Anyone who’s worth their stuff will gladly provide them before getting to work.
4. Will you pull all necessary permits?
Make sure you don’t go pulling the permits for the job yourself. Legally that makes you the general contractor of the job. Instead, keep liability on them by having them pull all permits on your behalf. Only a true licensed contractor will be able to do this.
5. Will you provide me with a written contract before the work begins?
A good contract is one of the most important aspects that makes a good contractor. These legal documents will determine what your rights are and how the contractor must remedy any issues that arise. While it would be great to be able to fully trust your contractor’s word, don’t simply shake on it. In the end, that means it’s only their word against yours. Should anything go wrong, it creates a lot of mess. With a contract, anything that could arise will be covered so that you know the proper course of action.
Final thought
It’s smart to always vet your contractors online. Check out their website, look for positive reviews, and check their rating on the Better Business Bureau. Its always better to be safe than sorry when trusting someone else with you project or property. Do your research to avoid scams and ensure the company you hire is legitimate.
What Services Do Employment Lawyers Offer?
We live in a time where—more than ever—both workers and employers enjoy the protection of their rights under the law. On the other hand, there are still plenty of situations where you may have to do more to have that protection or to get what is due to you. This is where employment lawyers come in.
In Western Australia, employment lawyers typically offer a number of important services to both employees and businesses alike. The types of services they offer typically include—but are not limited to—the ones below:
1.) Termination of employment
The period before and after an employee termination can be extremely critical. Businesses and employees involved in these situations are strongly advised to find lawyers specialising in labour and employment laws as soon as a termination is imminent to ensure that their legal rights are properly protected.
2.) Employee contract reviews and entitlements
Many employee contracts place unreasonable burdens, and some employers may offer unfair entitlements. Employees and those about to sign employee contracts are highly encouraged to have their contracts reviewed by qualified lawyers. Businesses are also advised to have legal professionals draft their contracts to ensure that all relevant labour and employment laws are complied with.
3.) Discrimination, harassment, and bullying cases
These cases are very difficult for the victims. Taking the services of lawyers can go a long way into ensuring that they can enjoy the protection given to them by both the Federal Government’s Fair Work Act as well as the other laws where the Australian Human Rights Commission could take action. If you are based in Western Australia, employment lawyers should be able to help you pursue protection under relevant state laws as well.
4.) Legal counsel for businesses
Businesses need lawyers not just for labour and harassment cases, but also for myriad other legal issues as well, including those covering safety and assistance during organisational restructuring, among many others.
5.) Legal counsel for contractors
Contractors are by far some of the least protected workers in Australia today. Contractors should seriously consider taking the services of lawyers to not only better protect their rights, but also to further increase the legitimacy of their practice. Specialised legal professionals can not only advise contractors of their rights, but they can also help improve their current business practices. This can all help contractors achieve a better, more stable income.
6.) Performance appraisal and management
Performance appraisals are a common cause of contention between management and employees. Employees must seek the advice of lawyers if they feel that they have been given unfair treatment during an appraisal. Likewise, businesses should hire legal professionals to ensure that their performance and appraisal processes are all transparent and in compliance with existing laws.
These are just some of the situations where the services of experienced employment lawyers can be useful. If you’re in Western Australia and find that you need the services mentioned, be sure to call the employment lawyers Perth residents and businesses trust.
FIGHT FOR JUSTICE: THE TRUVADA VICTIMS
In 1981, the world was exposed to one of the worst pandemics in recorded history. This was the beginning of the dreaded virus called HIV (Human immunodeficiency virus) or worse still, Acquired immune deficiency syndrome (AIDS).
This killer virus, according to the world health organization (WHO), has claimed the lives of over 32 million people worldwide over time. Which was why when the development of a new medicine that was proclaimed to allow people with HIV to live longer and less painful lives……
It was embraced and celebrated by all because it was an answered prayer. Finally, people living with AIDS needn’t die of this horrible epidemic.
But little did people know that this so-called miracle drug did more harm than good. What’s that popular expression?—“A wolf in sheep’s clothing!” It is no other drug than the popular Truvada which is majorly a composition of tenofovir disoproxil and emtricitabine.
This drug ended up causing more harm than good, which invariably has led to onder law firm and many more law firms that helps unsuspecting victims that have suffered immense mishap as a result of making use of such drugs to get some form of retribution.
These HIV drugs were sold under different names like Complera, Truvada, Atripla, Stribild, and Viread. One of the major underlying components, Tenovfovir, like we stated earlier, was actually manufactured, distributed, and sold by one of the financially powerful giants within the health sector.
In fact, there has been some lawsuit against this company over the years, because they were allegedly accused of knowing the side effects of the drugs and still kept it in circulation because of their financial gain.
But before we go into details, and begin to unravel the behind the scenes of what brought about this lawsuit, let’s take a look at some brief history—and then maybe I can wrap your head around understanding how HIV victims have been victimized—if you will be willing to follow me till the end
Brief history
Gilead Sciences, Inc. is a big pharmaceutical company based in California. They acquired the rights to a unique drug in the mid-1990s called Tenofovir. Not only that, but they also went ahead to secure the exclusive license to synthesize any Tenofovir based compound.
Gilead started the manufacturing and sales of a prodrug form of Tenofovir called TDF which they knew was very toxic to the kidneys and bones in the human body in early 2001.
Perhaps the most shocking and utterly unspeakable thing that was alleged they did, was the fact that, they developed another drug called TAF which they knew was less harmful, much safer and more effective in treating HIV, but decided to keep it from the general public in order to maximize the profit from the already monopolized TDF patency.
Lawsuit
Following a recent five-count lawsuit
{Negligence
Strict product Liability
Breach of express warranties
Breach of implied warranties
Fraud and concealment}
that was filed recently by some patients that have suffered humongous deterioration to their kidneys, bones, and teeth in April 2019 in the county of San Francisco, California against Gilead Inc.
It is evident that this is not just a story being made up. It is real, and real people have been affected, and even in some cases, death as a result of alleged corporate greed.
The plaintiffs argued that after Gilead sciences secured the license to the drug “tenofovir” and the exclusive rights to produce, synthesize and create Tenofovir based compounds, beginning in 2001, they manufactured and sold prodrug forms of Tenofovir called TDF.
Within that same time, they had developed another prodrug, which was another form of Tenofovir that was called Tenofovir Alafenamide Fumarate (TAF), which the company knew was less toxic to the kidney and bones.
Furthermore, data submitted by the company in a patent application before TDF was even approved, exposed the fact that Gilead knew TAF was substantially less toxic than TAF, yet Gilead decided to shelf the TAF project in 2004.
It was alleged that this was done to maximize returns on the existing TDF patent. Gilead entered the marketplace to the exclusion of all others, leaving patients with no option in an already desperate situation.
And under these circumstances, the plaintiffs allege that Gilead held-out on the safest possible drug. But ten years later in 2014 as the TDF patent came to a close, that was when Gilead strategically applied for FDA approval of TAF. And in November 2015, it brought it to the market for the very first time.
So when Gilead introduced TAF to doctors in 2015, it peached TAF as a new and novel prodrug formulation that was much safer for patients, but of course, there was nothing new about it.
It was basically the same drug that was kept hidden from the general public since at least 2000. And as a result, it’s alleged that hundreds of thousands of HIV infected patients, including people who took or administered the drug as a preventive measure—in order words—healthy people who took the drugs to mitigate contacting the virus but ended up causing more harm than good to themselves as a result of the use of TDF.
HIV community
These plaintiffs and many more have suffered both physical and psychological deterioration over time, starting from the earliest appearance of this deadly virus.
The AIDS community has been through hell—they have been marginalized, neglected, stigmatized and discriminated against, ever since the disease first made its appearance in the public lexicon in 1981.
Back then, it was mockingly called the gay-related immune deficiency, gay-mans pneumonia, and gay cancer.
Still on the social humiliation suffered by HIV victims. Even though in 1982 that the center for disease and control had estimated that tens of thousands of people were already affected by the disease—and anywhere from 854 to 2304 deaths in the year 1982 to1983, had been associated to AIDS.
The initial efforts to allocate and source funding for AIDS research were ridiculed by the highest levels of government. So much so, that the then press secretary of the White House under President Ronald Reagan’s administration (Larry Melvin Speakes) went as far as calling the epidemic the gay plague.
The solution
You might be wondering why the history lesson? Well, the essence and message is for people to realize first that people with aids are real and so is there suffering and secondly (most importantly), that if there is anyone out there going through the same predicament, they should bear in mind that;
- They are not alone
- They can always take action by employing the services of special law firms that litigate specifically for people that have been exploited for one reason or the other.
In conclusion, It is our civic responsibility to help others that are going through one form of terminal disease or another, for they need all the love, care, and compassion they can get—-just my tiny winy bit.
How Does Mediation Work?
If you are in dispute with another individual, whether it be a family dispute or consumer-related issue, litigation should always be avoided where possible. Taking a dispute to court can be a very expensive and stressful process and can take an unnecessary amount of time. Alternatives to taking a dispute to court is negotiating a settlement, and one of the most effective alternatives is mediation.
So, What is Mediation?
Mediation is the most common form of dispute resolution and alternative to litigation. It is a process where an independent non-biased mediator is appointed to help two disputing parties come to a mutually binding agreement. If you are currently going through a divorce or separation then you will need a family mediator that specialises in divorce mediation as alternative dispute resolution.
However, mediation doesn’t guarantee a settlement or resolution. It is up to the disputing parties whether they will decide to enter an agreement or not. Both parties must agree to take part in mediation in order for it to happen. One party cannot force the other into the process.
Who is The Mediator?
If two disputing parties agree to enter the mediation process, then they will need to appoint an independent mediator. When choosing a mediator, their experience, track record and professional background must be considered as they will need to understand the issue that is being disputed. After an independent mediator has been appointed, the two disputing parties will be asked to enter a mediation contract. At this point, it is usually requested that the mediator keeps all the information throughout the process confidential. If the mediator is a practicing solicitor, then they must comply with Solicitors’ Code of Conduct. This is a set of standards of the regulations of conduct expected of professional mediators in Wales and England. Appointing a mediator who is also a solicitor is generally the best option as they will have the best understanding of any legal issues that are involved in a dispute.
Before the mediation process begins, a mediator will carry out a Mediation Information Assessment Meeting (MIAM). This is so the parties can find out more about what the process entails and if they deem it the right solution to reach an agreement.
What is Involved During The Mediation Process?
At the beginning of the mediation process, the disputing parties should agree on a structure that mediation should follow. A suitable location will also be chosen for the process to take place. It will normally be a venue that has multiple rooms when both parties can discuss their issues in private with the mediator. Each party may also be required to prepare some documentation for the mediator before the process can begin.
A plenary session usually starts the mediation process and typically begins with the mediator introducing the nature of the dispute making objectives more very clear. During the plenary session, the mediator will also deal with any issues or legal matters that may affect the objectives of the process.
Following the plenary session, each party will present their side of the dispute to mediator where they will not be interrupted by the other party. However, the mediator may allow for questions to be asked after each party’s presentation. But, this normally depends on the nature of the dispute. Throughout the process, there is usually a breakout sessions where the individual parties are moved to separate rooms where they can speak to the mediator about how the proceedings are going. The mediator may try to narrow down the issues involved in the dispute to help facilitate negotiations between both parties.
What Are The Outcomes of Mediation?
The outcome of mediation will typically depend on what the dispute is about and what it entails, but in most cases, a full or partial settlement is agreed. If the mediation is unsuccessful or if one of the parties terminates the process, then both parties can go to court for a dispute resolution. If a full settlement has been reached, an agreement will be written. These agreements are normally drawn up by a solicitor. A settlement can only be enforced if both parties enter a legally binding agreement. If either party do not follow what is in this agreement, then they will be at breach of contract.
A Guide on When and How to Hire an Attorney After a Car Accident
About 4.5 million people were seriously injured in car accidents last year. If you happen to be a part of this statistic this year, you may want to consider hiring an attorney.
Knowing when and how to hire an attorney can protect you. Your attorney will ensure that you ask for total compensation, negotiate with the insurance company, and look out for your best interests.
Keep reading to learn how to know you need an attorney.
The Insurance Company Is Not Your Friend
You’re entitled to compensation for the damages you incur. This includes both your vehicle and medical costs. We all like to think that insurance companies are there to protect us with our best interest in mind.
However, this is not the case. The insurance company’s priority is their own business and budget.
Look for an insurance claims attorney who has experience negotiating with insurance companies.
Know What You’re Entitled to
Do you know all of the damages that you have a right to ask for? You can recover medical expenses, property damage, and even lost wages. Then in some states, you can also ask for damages for pain and suffering.
Hire an attorney to ensure that you ask for all of the damages that you’re entitled to.
The Accident Is Complicated
If you experience severe injuries or there are multiple parties, then you’ll need an attorney. Cases that involve these characteristics tend to be more complicated and take longer to resolve.
An attorney will ensure that you file against the correct party. They will also fight for your right to compensation for all of your damages.
Proving Liability
To collect, you need to prove liability. An attorney will know and understand the different elements of the law and how to provide acceptable proof for each.
Hiring an attorney will greatly increase your chances of successfully proving the different elements to establish liability.
Don’t Risk Financial Loss
If you don’t file your claim in time, you may miss the window for the statute of limitations. This means you lose your right to recover because you can’t file a claim.
Some states also have restrictions on when you need to seek medical treatment after the accident. For example, in Florida, you need to seek treatment within 10 days of the accident. Fail to seek treatment, and you will be barred from recovery.
Your attorney will ensure that you meet all of the deadlines. That way, you don’t accidentally end up costing yourself money by missing a key deadline.
Know How to Hire an Attorney
If you’ve just been injured in an accident, you need to know how to hire an attorney. That way, you have someone who is on your side looking out for your best interests.
Your attorney will walk you through the lawsuit process. They’ll help you determine what damages you can ask for compensation for. Then they’ll help you review the insurance company’s settlement offer and negotiate for the best possible outcome.
Search our inventory of lawyers to find the right one for your needs.
