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Category Archives: Lawsuits

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2 weeks ago Lawsuits

As COVID-19 Lawsuits Are On The Rise, Can The Senate Protect Employers?

COVID-19 has changed the way all businesses operate as the country attempts to reopen following the varying quarantine orders experienced coast to coast. As the nation moves to open and uplift a hurting economy, concerns over liability have been at the forefront of discussions for the Senate Judiciary Committee. The hearing itself was conducted while social distancing, with some members calling in through video conference.

Some on the committee are calling for broad immunity for businesses, which would limit their liability in the event that customers or employees contracted the Coronavirus while on their property or at work. Involved in the debate are all walks of business from convenience store owners to higher education representatives. A decision of legal immunity would impact the entire country and has become a lively debate among the political parties.

There is a Republican push for legal immunity, even if only for a limited time, to protect people and business owners while they do their best to follow guidelines and mitigate risk. An argument against this form of legal immunity was raised by some Democrats, such as Sen. Amy Klobuchar, citing worry that consumers and workers would be left unprotected without scientific guidance from the White House and the CDC about how to open and operate safely. She says that without these guidelines, people need the ability to go to court. Members for both parties did agree that creating a set of clear operating guidelines for reopening is a way businesses can potentially have protection from getting sued.

Chairman Lindsey Graham, a Republican from South Carolina, argues that if business owners are putting in the time and resources to follow said guidelines, they should not also face the added risk of being sued in the likely event that someone contracts the virus. Attorney Christopher Nicolaysen of the Springs Law Group LLC says, “The debate for legal immunity for medical workers fighting on the frontline occurred during the height of the pandemic response. Now, as we try to reopen, it is time to have that same discussion for business owners trying to operate and stay afloat while not putting consumers at risk.”

Business owners spoke out at the Senate Committee hearing as well, worrying about their current financial status and how a lawsuit could affect that. There is a worry that those who are already struggling financially due to the economic downturn will not survive a COVID-19 lawsuit. The idea is that a limited form of legal immunity would give business owners the time to get back on their feet while doing the best they can to create a safe environment.

Senator Richard Durbin of Illinois said that currently, only 27 of Coronavirus related lawsuits were personal injury cases and nine were medical malpractice cases. This suggests that after several months of a pandemic, lawsuits have remained in low numbers.

Georgetown Law Professor, David Vladeck raises the concern that limiting lawsuits to only pursuing cases of “gross negligence” could end up including what he called “bad actors.” Meaning, if only cases of gross negligence are allowed to be filed, those acting irresponsibly but still actively spreading the virus wouldn’t face legal repercussions. It adds to the worry of some that this type of immunity will excuse people from being held responsible for the safety of their patrons. He also adds that given what we know about how the virus acts, it would be very hard to actually directly point to a specific business being responsible for someone getting sick.

The President of the United Food and Commercial Workers International Union (UFCW), Marc Perone shared an opinion that falls in line with Vladeck in that immunity would possibly do more harm than good. UFCW represents workers in the meatpacking industry, a field that has been very strongly affected by the pandemic. According to Perone, 25,000 of his members worldwide contracted the Coronavirus and 162 of them have died. He states that he does not believe granting broad immunity to employers will help make them responsible. He believes that legal immunity like what is being proposed will cause problems with what he refers to as “outlaw businesses.”

A major consideration in the reopening debate is the availability of testing. Widespread testing would provide more information for businesses about employees and customers so that they can make more informed choices about operating.

Higher education is also part of the discussion as they wait for guidance on how to move forward. Leroy Tyner spoke on behalf of the American Council of Education stating that the spread of the virus when universities reopen is possibly inevitable. This is yet another concern as the debate for whether or not legal immunity will be given temporarily to those doing their best to operate while mitigating risk. The debate is as strong as it was for legal immunity for medical workers. The coming weeks of reopening will show what the country is truly up against.

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2 weeks ago Loans , Lawsuits

What Is a Lawsuit Loan? Here Is What You Need to Know

Matters to do with court, are rarely cheap, especially if you’re filing a lawsuit. Fortunately, plaintiffs have the option of borrowing against their expected awards or claims to finance the legal proceedings. This funding is what is known as a lawsuit loan.

While most would argue that taking a lawsuit loan isn’t a very wise move, others swear by lawsuit loans. However, if you’re financially constrained, you really don’t have much of an option.

These loans are common with personal injury claims because the plaintiffs need money to cover medical expenses while the proceedings continue.

What is a lawsuit loan? In this piece, we’ll be highlighting everything you need to know about lawsuit loans. Starting with what it is, its pros, cons, and alternatives to lawsuit loans.

What Is a Lawsuit Loan?

As mentioned earlier, a lawsuit loan is a kind of cash advance plaintiff’s request from a lending company. You receive this cash advance against the settlement claim or an award from the court.

You can take a lawsuit loan for medical malpractice, workplace injury, wrongful death, and other lawsuits.

These loans are only available for a few types of cases, and it’s also a relatively new type of financing for plaintiffs. Lawsuit loans really come in handy for people that need legal intervention but are in the financial doldrums.

How Do Lawsuit Loans Work?

The main stakeholders of a lawsuit loan are the plaintiff and the lending company. The lending company agrees to buy a portion of the plaintiff’s award or settlement claim. In doing so, the company lessens the plaintiff’s financial burden during the legal proceedings.

First, you must apply to the lending company for a lawsuit loan. The company then analyzes your application to deem whether it’s a viable case. It also estimates the award you could get from the case should the court rule in your favor.

After the lender works everything out, the company agrees to give you some amount of money. You will have to repay the money with interest after your case hearing. Some lending companies may charge a special “funding fee” or “service fee.”

You don’t have to pay anything if the court doesn’t rule in your favor. You can also borrow lawsuit loans for special types of out-of-court settlements.

Advantages of Lawsuit Loans

Sometimes financial constraints may put legal proceedings to a halt. This works to the detriment of the plaintiff while it lets the defendant off the hook. When you need extra cash to keep the case going, then a lawsuit loan is a viable option.

Here are a few advantages of lawsuit loans

Covers for You Financially

We all know how expensive life can get, and throwing legal fees into the mix can make it unsustainable. Lawsuits loans are one way to tide you over financially and take care of the legal fees. That way, you can focus on your mortgage payment, car loans, and medical bills.

A lawsuit loan can give you breathing space financially to juggle between upkeep and legal fees. That way, you can devote most of your attention to the case at hand, because all financial matters are in order.

Gives You Time Allowance

You need adequate time to consider settlement offers before choosing a course of action. You won’t have much time if you depend on the settlement to offset pending bills like your medical bills or upkeep. A lawsuit loan takes care of your pending financial needs so you can weigh out all your options and choose the right settlement for your case.

A lawsuit loan might also give you the financial leeway to pursue a trial if you don’t receive a fair settlement. However, before you do that, consult with your attorney to make sure that doing so is a wise move.

Cons of Lawsuit Loans

Taking a lawsuit loan is not without its downsides. Here are a few disadvantages of lawsuit loans.

Limited Cases

Not all cases can qualify for a lawsuit loan, and it may not be a solid alternative for most cases. Remember, the lending company stands to lose a lot if you don’t win the case. As such, the company only agrees to cases with a high winning chance.

Remember, you won’t have to pay anything if you lose the case. That’s why lenders are very picky about the cases they choose to fund. So there’s a likelihood that the lending company might reject your application.

It’s Hard to Find a Good Lender

Looking for the best pre settlement funding company is easier said than done. Lawsuit loans are largely unregulated because it’s a relatively new and eccentric type of financing. As such, you should expect a few fraudulent and gypsy lending companies. So before you land a reputable lender, you really have to do some serious digging.

It’s Expensive

There’s no other way around; lawsuits loans are very costly. Thankfully, you won’t have to dig into your own pockets for most of the payment. Lenders typically charge a percentage of your claims or award.

They also charge a funding fee or an interest, besides you paying back the amount you borrowed. The longer it takes for the court to settle the case, the higher the interest fee you end up paying.

Choose the Right Lender

Hopefully, we’ve answered the million-dollar question, “What is a lawsuit loan?” If you’re considering a lawsuit loan, make sure you find a reputable lender for your loan. Some unscrupulous lenders will charge unreasonably high rates for the service.

For more insightful reads, be sure to check out other pieces on the site.

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What the Discovery Process of an Auto Accident Lawsuit Looks Like

Did you know that there are over 6 million car accidents in America every year? And, many of those car accidents lead to long lawsuits. If you’re going through this process, you might keep hearing the word “discovery” being thrown around. But what does that mean?

We’ve put together this guide to help walk you through the discovery process and show you what happens next.

Let’s get started below

What Is the Discovery Process?

After you file a car accident lawsuit and hire a lawyer, you will enter the pre-trial process. This is when the discovery phase happens.

During discovery, your Polito & Harrington attorney (and the defendant’s attorney) will gather information about your case. This will allow them to find and put together evidence that’ll support your side of the story.

This process can include several steps. Here are a few of the most common.

Interrogatories

This is the first step in the discovery phase.

The attornies on both sides of the case will put together and send interrogatories, or a serious of written questions. You and the defendant then have to answer these questions honestly and under oath.

In most cases, you, as the plaintiff will be able to send the interrogatories first. This will allow you to see what the defendant is claiming happened during the accident.

If there are any questions that are unclear, your attorney can help you object to them.

Request for Production of Documents

After both sides you and the defendant answer the interrogatories, both attornies will make requests for production of documents.

For example, the defense attorney may ask for all your medical records, treatment bills, vehicle repair receipts, proof of income, etc. Your attorney will do the same for the defendant.

Subpoenas

There may be a business or organization that has relevant information to your case, but they themselves aren’t involved in your lawsuit. If this is the case, your attorney will issue a subpoena that orders the business to provide any necessary documents.

This might include getting your wage loss report from your work or your medical records from your doctor.

However, your attorney may not need to go through this step. So if you don’t hear your attorney talking about subpoenas, that’s normal.

Depositions

Depositions give the attornies on both sides a chance to question anyone involved in the accident. Like interrogatories, you will be under oath when you answer these questions, but you will be talking to the defense attorney face to face instead of writing your answers on paper.

Both attornies can also question any witnesses, medical professionals, or other people involved in the accident/recovery.

Independent Medical Exam

Even if you’ve already had a medical exam, the defense will likely want to schedule their own exam.

Make sure you show up to this exam will all your medical records and the results of your previous exams. Remember, the medical examiner the defense hires will work for them, and they may try to make your injuries look less serious than they are.

Request for Admissions

This is less common than the other steps on this list.

Your attorney, for example, may request the defense remove certain details, such as the time of the accident or other information that shouldn’t be contested. If the defense refuses to remove these details, they’ll have to prove them to be true, which can cost time and money.

A request for admissions ensures all the details on both sides of the case are correct.

What Happens After Discovery?

After you finish the discovery phase, a couple of different things can happen next. Here’s what you need to know.

Settlement

The discovery may uncover evidence that will be hard for the defendant to work around. If this is the case, they may decide to offer you a settlement instead.

Your attorney may negotiate with the defense attorney if the settlement is too low. After this, the defense may choose to raise the settlement and put an end to the case.

Trial

If you can’t come to an agreement about the settlement size (or if the defendant refuses to offer one), you have a decision to make.

The next step in the lawsuit process involves going to trial.

Spend some time thinking about your case before making a final decision.

Do you have a strong case? Talk to your attorney about whether or not they think you can win in court. In most cases, you’ll already have a strong case if you make it this far.

That said, you shouldn’t go to trial if you don’t think you can win. You’ll also want to make sure your attorney is willing to fight for your case.

If you have a strong case and a good lawyer, it’s probably worth it to move ahead with the trial.

Understanding the Steps in the Discovery Process

The discovery process might seem overwhelming, but it is an important part of your lawsuit. It gives your attorney the chance to gather evidence that supports your case.

If you’re unsure about what the process will look like exactly, spend some time talking to your attorney. They will help you understand the steps and keep you up to date with what they’re doing and when.

Were you recently involved in a car accident? Do you have other questions?

Make sure you take a look at the rest of our blog to learn more information that can help you win your case.

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3 months ago Lawsuits

How to Prevent Lawsuits as a Small Business

Lawsuits are every business’s nightmare, be it a small family shop or an international conglomerate.

And while there may come a time when you are embroiled in a lawsuit with no real fault of your own, there are certain things you can do to prevent them as well as to ensure that if one does come your way, you are standing firmly on the right side of the law.

Here is what you can do

Get the right insurance

True, insurance will not prevent a lawsuit, but it can help you go through the ordeal easier. Depending on the kind of insurance you get and the line of work you’re in, your insurance company could help you cover some of the legal fees or even some of the liabilities, if they do arise.

Make sure you do some in-depth research on the types of liability and other insurance policies that are available to you before you make your choice. Talk to several brokers before you make any decisions and make sure they understand your specific situation.

Make sure your contracts are clear

Whenever you enter into business with someone, hire someone, buy something for the business – make sure the contract that supports that action is clear and that you understand all of its provisions.

If you need to, have a lawyer on hand to examine any contracts before you use them (you can later just adjust the data for each individual client or contactor), and have your accountant look them over too.

This may seem like an unnecessary expense, but spending some money on legal advice now will be a much more prudent investment than spending it on legal representation later if you were to find yourself in court.

Needless to say, also make sure that once the contract is signed, you adhere to it completely.

Do what you can for yourself

If you and your staff are working with heavy machinery (or any kind of machinery for that matter), or need to be physically well to be able to do your jobs well, make sure you focus on the power of rest and recovery.

Even if you don’t need to be all that physical and present, try to work out shifts and responsibilities so that no one has to stay up too late or work back-to-back days and even weekends.

Sleep is a very underrated factor of our overall health, and if you are sleep deprived, all of your abilities suffer. You can cause an accident, make a mistake, or antagonize someone for no other reason than not having slept enough.

A good mattress is essential for proper rest, so invest in one for yourself, and if your budget allows it, you can even buy your team one as a Christmas present. Memorial Day is coming up and it’s actually a very good time to shop, as there are some good deals to be found.

Keep good records

When a dispute arises, it can often be difficult to determine who is right if neither side can back up their claims. This is where immaculate record-keeping can come to the rescue.

No matter how pointless, time-consuming or space-wasting you think having a great archive may be, make it company policy to keep a record of everything that you need to. What this is will mostly depend on your company and line of work. Even insignificant things, like ‘so and so lost their temper with this customer a bit, we have apologized and given them a discount’ can be a great thing to note down.

You can store your records virtually (backed up to at least two other locations as well), and you should have no problem with finding enough space for it.

Honesty is the best policy

All of us will make mistakes once in a while – and it’s perfectly natural and nothing to be ashamed of.

When this happens, the most important thing will be your reaction and how you deal with the situation. Don’t try to cover up a mistake or blame it on the customer. Admit your fault, and try to make it up to them if you can. This will not only make you a more approachable and relatable business, but it is also a great way to protect yourself from a lawsuit. Sometimes, all people need is an apology to make them more than happy to let the matter drop.

Make sure your staff implements the same practice. If they do something wrong or slip up, let them be free to admit to the fact, so that you can be aware of anything that might await you in the future.

Wrap up

Lawsuits can more often than not be prevented with some careful action on a day-to-day basis. Keep these points in mind, and your small business should be as safe from a trip to the courtroom as it can be.

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4 months ago Lawsuits

How to file a lawsuit against a company?

There are many times when you’re stuck in a business argument and you’re unable to find a resolution or justice for something that happened to you or your company. There are times when you, as an individual, have something against a company that owes you either money or did you do something wrong that you want justice for. In all these times, the one thing that you wonder is how can I make this right? At this time, the one thing that you require is a lawyer. However, before you make that decision, there are a few things you might want to consider.

Right to file a lawsuit:

The first and foremost thing you need to do is that you need to find out whether or not you have the right to file a particular lawsuit. To file in a lawsuit, you need to make sure you are someone who is being affected by a legal dispute under legal laws. In the legal language, this thing is called having “Standing” to file a lawsuit.

To understand this in a better way, let’s take an example of an accident. If you were around an accident, you are not eligible to file a lawsuit against the person who was involved in an accident, however, if you were damaged because of that accident, you have every right to file a lawsuit against the person.

Similarly, if you’re going against a company, you need to make sure what you’re suing a company for is completely legal and you have the right to sue them for that particular thing.

Understanding Civil Lawsuits:

Civil lawsuits are when one party files a lawsuit against another party for a wrongful act. Here, both the parties are actively involved and unlike criminal lawsuits, in this one, you have the right to compensate instead of throwing the opposing company under the bus. Civil lawsuits are the ones that are used when it comes to business disputes because here you’re not looking to completely shut down the company, you’re usually looking for a fair amount for the wrong they’ve done to you.

There are different types of civil lawsuits as well, they’re mentioned below:

  1. Contract-based: These include the lawsuits against another company that broke a rule or didn’t follow the rules and regulations on a particular contract that was signed before or at joining.
  2. Copyright: If another company stole your content, or used it without your consent or without paying for it, you have every right to sue that company
  3. Bad reviews: If your competitor company gave you a bad review, you have the right to sue them at that as well.

Who are you suing?

The next step for suing a company is to make sure you know who you’re suing. this sounds a little odd because if you’re suing someone, obviously you would think you know them but here’s the catch. You should be sure if you want to go after the entire company or one person because that would determine the amount you would get from that lawsuit. Other than this, If you know the person/company you’re going after, you can also measure whether or not it would be worth your time and effort.

The point that needs to be understood here is that you need to make sure that where your efforts are being put, whether or not, it would give you back more than you’re willing to spend on it. Know your nemesis.

Know the amount you’ll get:

If you’re suing someone, you’re going to expect them to settle down with you with a good bunch of money but how much is enough? When you’re filing a lawsuit against a company, you need to make sure they’re not just throwing you a bone. Get what they owe you and more. If you’re well aware of how much the company you’re suing makes in a year, you ask for double the price of that because you know what they’ve done and you know that if they want to save themselves, they would have to pay you a lot more than they make.

Find the right Jurisdiction:

Another important step while trying to sue a company would be to find the right jurisdiction. Make sure you have the court figured out completely, where your lawsuit must be tried. Now, it’s possible that the Jurisdiction depends on where the plaintiff lives or the defendant or the event took place. Jurisdiction can also be based on both types of cases or the type of crime.

Demand letter:

Here’s the thing, if you’re an individual looking to sue a company for a wrong, they did to you, a demand letter is going to be your best friend. You can not go up to a court yourself and expect to get paid what the defendant owes you. You’re going to need a proper, detailed explanation. If you’re with a company, they would handle it themselves but as an individual, with a lawyer, this is something you’re going to have to do yourself.

A demand letter includes the amount the company owes you for the wrong they did you. It should be detailed and should have enough evidence for the court to approve.

Injunction is important:

When you file a case against someone, it is pretty natural that they react to harm you. Or they would want to harm you in some way. To prevent that from happening, you need to make sure to get an injunction. To get a better understanding of this, let’s take an example of a trademark case. Let’s say you need to stop someone from using your company’s trademark, here you can get an injunction. It is basically a court order that does not and will not allow the defendant to harm you or your company in any way. For this to be created, you would need your attorney’s help.

Get a date and file a lawsuit:

The final step is to get a court date and get out there. Fight for your company’s justice or yourself with support of Tribeca Lawsuit Loans. Get the amount they owe you and win the case!

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4 months ago Lawsuits

Medical News: Things You Need To Know About The Zantac Cancer Lawsuit

Zantac or ranitidine hydrochloride is an over-the-counter medication used to treat stomach acidity (by blocking histamine receptors in the stomach), heartburn, as well as gastric and duodenal ulcers. It has been in the market since the 1980s, with doses that range from 75 to 150 mg per tablet.

In September of 2019, however, a Connecticut-based pharmacy named Valisure, alerted the U.S. Food and Drug Administration that it had found NDMA, a cancer-causing chemical, in samples of Zantac and ranitidine. The FDA then confirmed that they were able to discover carcinogenic contaminants in Zantac on September 13, 2019. Their examination revealed that the popular heartburn medication had an NDMA concentration of up to 300 times higher than the daily recommended limit level by the FDA. The exposé would later result in the Zantac cancer lawsuit, with the affected persons filing cases in court for compensation.

Zantac Recall

After the FDA revealed Zantac’s potential to cause cancer, many global retailers took the medication off their shelves. Sanofi, a Zantac manufacturer, recalled the medication in the United States, Canada, and the U.K. On the other hand, Teva Pharmaceuticals and GlaxoSmithKline or GSK, which are some of the biggest drugmakers in the world, also recalled ranitidine. Since then, several countries have either sanctioned or halted the sale of ranitidine. Other countries have even issued warnings and launched their independent investigations following the initial recall of Zantac. Some of the types of cancer that are associated with  Zantac use include:

  •  Bladder cancer
  • Colorectal cancer (colon and rectal cancer)
  •  Intestinal cancer
  • Esophageal cancer
  • Kidney cancer
  • Liver cancer
  • Lung cancer (non-smokers)
  • Ovarian cancer

Zantac Cancer Lawsuit

Numerous people who had contracted cancer after taking Zantac later turned to courts to file a Zantac cancer lawsuit, which holds Zantac brand companies, like Sanofi and Boehringer Ingelheim, responsible for completely disregarding human health in their quest to gain profits.

The primary claim of the lawsuit is that Sanofi, Boehringer, and other defendants failed to warn people about the side effects of the drug. The lawsuit further argues that ranitidine was unstable, and could easily form NDMA when it gets in contact with stomach conditions or nitrate elements that are commonly found in grilled meat and preserved food, such as hotdogs and bacon. The Zantac lawsuit demanded compensation for those who have ended up developing cancer as a result of the use of this drug.

Recently, the United States Judicial Panel on Multidistrict Litigation has merged lawsuits under U.S. District Judge Robin Rosenberg in the southern district of Florida. The panel is said to have indicated that the antacid drug case has the potential to be extensive litigation, with over 140 lawsuits already filed pending determination in the newly formed MDL No. 2924.

Joining the Zantac Lawsuit

Due to the Zantac medical malpractice, attorneys have been accepting claims. But for you to be able to  join in the Zantac lawsuit it is a requirement that you meet the following conditions:

  • You have proof that you have taken Zantac – as a claimant you have to prove that you used Zantac or any ranitidine medication. This can be shown through medical records, receipts and doctor’s notes.
  • Confirm a cancer-related diagnosis – any potential claimant must confirm that they have been diagnosed with a cancer-related diagnosis that is linked to NDMA such as colorectal, bladder or esophageal cancer

It is important to note that only lawyers will be able to effectively evaluate a claim through gathered medical records and other pieces of evidence.

Types of Zantac Lawsuits

  •  Zantac Class actions Lawsuit:

Lawyers have been filing several Zantac Class actions on behalf of the residents of Florida, Connecticut, Massachusetts, New Jersey, and California. The class-action allows anyone who happened to have bought the antacid to get refunds for their spending. The argument is based on the fact that the manufacturer was ignorant of their failure to warn the public about the risks of NDMA cancer.

  • Zantac Lawsuit

In the Zantac lawsuit, we have Zantac’s personal injury and Zantac’s wrongful death lawsuits. Both should be filed in the court by persons who developed cancer after taking the drug. The Zantac lawsuit enables affected individuals and families to gain necessary compensation for their injuries. Despite the variation in law from state to state, it is essential to know that the law will still allow you to receive compensation for medical bills, lost wages, pain, and suffering as well as the loss of past and future earnings.

Conclusion

Since Zantac or ranitidine hydrochloride has been proven by the U.S. Food and Drug Administration to have cancer-causing chemicals, a number of countries and drug-making companies have recalled the product to prevent the public from further exposure to the cancer element.

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Mistakes Auto Accident Victims Make That Affect Success of a Lawsuit

Americans spend over 1 million days in the hospital each year from auto accident injuries. If you’ve recently suffered injuries from an auto accident, then you have a right to file an auto accident lawsuit.

But it doesn’t end there. You can unknowingly do something that will cause you to lose your case. Keep these tips in mind so that you don’t sabotage your lawsuit.

Failing to Document Your Injuries

If you suffer injuries in an auto accident, you need to document them. Take pictures immediately after the accident. If bruising develops over the next few days, take photos of them too.

You should also seek medical treatment immediately after and in the days after your accident.

Signing Your Rights Away

Never sign anything without your attorney looking at it first. The fine print can get hidden in the legal jargon that you may miss. This will cause you to unknowingly sign away your right to seek an injury claim later on.

Other releases may have you giving the insurance company access to your entire medical history. This violates your privacy.

Posting on Social Media

Don’t talk about your accident or your case on social media. The best thing to do is not to post at all.

Don’t think you’re safe because your profile is set to “private.” Investigators can find your posts, even if you have private settings engaged.

The insurance company and their lawyers will argue that you’re not really injured based on your social media posts. Remember, once you post something on the internet, it’s there forever.

Don’t Talk About Your Case

It’s tempting to talk about your case, but don’t do it. Defense lawyers, insurance companies, adjusters, and sometimes jurors will contact you to talk about the case. Do not engage with them.

The only thing you should do is direct them to your auto accident lawyer. Your attorney can answer any questions anyone may have.

Getting Caught During Surveillance

Once you file your claim, you need to be on your best behavior. Expect the insurance company to hire a private investigator to conduct surveillance on you. They will take photos and videos of you.

If you tried to do something questionable one day, admit to it. People will understand if you felt good one day and attempted to do more than your usual.

What people won’t understand is if you lie about what you’ve done. This makes you look untrustworthy and lack credibility. This will tarnish your reputation and make people question everything.

Missing Doctor’s Appointments

There is no excuse for missing your doctor’s appointments. This will be seen as not taking your claim seriously because you’re not that badly hurt. You need to show that you’re taking your recovery seriously and making every effort to heal.

Not Hiring Legal Representation

The legal process is a lengthy and complicated one. This becomes even more complicated when it’s an auto accident injury claim. You need experienced legal representation to ensure you ask for the entire amount possible.

Prepare for Your Auto Accident Lawsuit

If you’ve recently suffered injuries in an auto accident, then you may want to consider filing an auto accident lawsuit. The first step is to seek legal representation. From there, follow these tips to ensure you don’t sabotage your lawsuit.

Browse our other legal articles for more helpful information.

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4 months ago Lawsuits

How to Avoid OSHA Violations and Lawsuits

It isn’t enough to say “safety first” if you want to comply with government regulations regarding workplace safety. You need to take steps to protect your staff and ensure they’re putting safety first because you can’t afford to ignore potential issues.

OSHA fines have been rising steadily since 2016, and they have jumped from seven thousand to more than twelve thousand dollars. Fines of over 100,000 dollars are not unheard of either, especially for repeat offenders. Here are a few tips on how to avoid OSHA violations and lawsuits.

Pay Attention to Electrical Safety

Poorly installed electrical equipment and wiring don’t just blow out fuses and circuit breakers. They can spark costly electrical fires and injure people. In a worst-case scenario, problems with wiring or equipment can electrocute someone. That’s why it is one of OSHA’s top ten safety violations.

One solution is to ensure that people are using the right electrical equipment for the job. Don’t use indoor extension cords outdoors. Flexible cords and cables shouldn’t be used for permanent wiring. And no one should be working with electrical systems without proper training. Ensure that everyone can use lockout tagout locks so that items turned off while being worked on stay off until the work is done.

Be Prepared

We aren’t talking about fire drills and first aid training, though that should certainly be implemented by every company. We’re suggesting taking steps to prepare for potential OSHA inspections. Have a plan for handling OSHA instructions. Practice having the worksite inspected by OSHA down to employee interviews and presenting any requested records. Verify that your employees understand their rights and responsibilities and that they follow through.

Implement a Fall Protection Program

Fall protection equipment is commonplace, whether your team is climbing on roofs or working near excavated trenches. A relatively new requirement that went into place in 2017 requires companies to provide fall protection training to their employers. They should know the proper procedures to minimize the risk of falling as well as how to properly use fall protection equipment. Then you can enforce safety rules because you can’t afford for OSHA to fine you after someone fell when they weren’t wearing a harness.

Install Machine Guards

Machines without machine guards are a threat to worker safety. This is true whether it exposes someone to moving parts that could crush fingers or flying pieces that could blind them. Crushing, maiming, burns, and lacerations are just some of the hazards that people are exposed to without guards. Having machine guards installed is only the first step. The next is ensuring people know not to remove them so they can fix something and report damaged guards or malfunctioning machines to mechanics who can work on it safely.

Empower Employees

Allow people to speak up freely about safety hazards. They should be able to report issues without fear of retribution and in an anonymous way. Nor is it good enough to give them access to a suggestion box or tell them to inform a supervisor who may ignore the issue.

Have systems in place so that anonymous reports will be logged and hazards flagged and handled properly. Your organization will benefit when your team can make suggestions to improve workplace safety. Take it to the next level by making employees responsible for safety, conducting walkthroughs and stopping work if problems are discovered.

Beautiful safety manuals aren’t good enough to keep workers’ compensation, medical bills, and OSHA compliance costs down. You need to set up systems and maintain them to protect both your people and your company’s bottom line.

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5 months ago Lawsuits

3 Tips to Help You Win a Debt Lawsuit

You open up your mail, and there it is. You just got a notice saying that you’re getting sued over unpaid debts. It’s a terrifying prospect for thousands of people. About 15% of people who received a collections call are sued.

You may feel like you’re out of options, but that’s not true at all. There are ways that you can beat a debt lawsuit.

Read on to learn how to win a debt lawsuit.

The Rise of Debt Lawsuits

Why have so many debt collectors filed lawsuits over the past several years? ProPublica spent years analyzing data from debt lawsuits across the country.

They discovered a lot of interesting findings. The conclusion was that the rise in debt lawsuits was largely due to debt buyers.

When you stop paying a credit card bill, the credit card company will sell that debt to try to recover some of the costs. This debt gets sold for a few cents of every dollar of debt.

Debt buyers want to get their money back and make a profit, so they’ll do everything possible. That includes filing a debt lawsuit claim.

How to Win a Debt Lawsuit

A debt lawsuit notice isn’t the end of the world, though it may feel that way. There are steps you can take to protect yourself and win a debt lawsuit.

1. Know Your Rights

It’s essential that you know your rights as a consumer. Debt collections companies have a reputation to overstep boundaries and laws meant to protect you.

The main thing to know is that it’s up to the collections company to prove that they have a right to sue you. They have to prove that the debt is yours and for a certain amount.

2. Hire a Law Firm

You’ll want to hire a law firm to help you with a debt lawsuit. Once a lawsuit is filed against you, everything has to go through the courts. Your responses will need to be legal documents and sent to the court clerk.

A law firm will know what your options are and how to win your case.

3. Respond to the Notice

You may want to ignore the notice because the collection company is wrong. That’s the worst thing you can do because nonaction can be held against you in court.

A judge will likely rule in favor of the collections company. You have to respond within the given timeframe. That’s why it’s important to reach an attorney right away.

Protect Yourself in a Debt Lawsuit

A lawsuit over debt is scary. Yet, there are ways to defend yourself and have peace of mind.

Your best defense to win a debt lawsuit is to work with an attorney. They are aware of your legal rights and will protect them. An attorney will also advise you on the best course of action to win the lawsuit.

Visit this site often for more useful legal articles!

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6 months ago Lawsuits

Understanding Lawsuit Loans

If you expect a lawsuit judgment or settlement in your favour but need the money right now, you might want to consider looking into lawsuit loans. Also known as settlement loans, these lines of credit provide you with fast access to money that you know will be coming. The information provided below is intended to help people who want to know how lawsuit loans work. This will help you better understand the loan process and figure out whether these loans are the best option for your situation.

How Do Lawsuit Settlement Loans Work?

Lawsuit settlement loans work in much the same way as any line of credit: you need to apply for them, receive approval, and then pay back the money you borrow over a period of time. Lawsuit settlement loan companies view these loans as somewhat more secure than many other lines of credit because there is more of a certainty that funds will come in. You normally receive a lawsuit loan as a way to bridge the gap between when you receive a settlement in your favor and when the money actually comes in. That way, if you find yourself struggling with financial hardship as a result of an injury or another factor beyond your control, you can still make ends meet while waiting for your settlement.

When Do You Need a Lawsuit Settlement Loan?

People often consult lawsuit settlement loan companies about their options when going through a personal injury case or similar court procedure. An injury situation leaves you out of work and unable to bring in important income. While a personal injury settlement can help cover your expenses, the money might take time to come in. This is where a lawsuit loan comes in particularly helpful. You can get the money quickly, use it as needed, and then pay it back after receiving your settlement. Because the loan has an easier application process and a lower interest rate than most credit cards, this gives you the ability to handle your immediate expenses without racking up a lot of long-term debt.

How Do You Get a Lawsuit Loan?

You should begin your search for a lawsuit loan the same way you start any decision regarding personal credit: with an appropriate amount of research into the matter. You should find a settlement loan that provides you with an amount, interest rate, and terms of the agreement that you feel comfortable with. After that, most lawsuit settlement loan companies provide an easy online application that takes only a few minutes. Following the application, you should have your decision—and your money—within 24 hours or less. Ideally, it is best to find a loan that deposits the funds directly into a bank account. This allows you to access your money immediately.

If you are going through difficulty with a lawsuit or personal injury settlement and need money fast, a lawsuit loan is a good option for you. This allows you to avoid potential financial hardship with reasonable rates that allow for fast repayment of your debt.

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