If you’ve been thinking about immigrating to Canada, then you’ll want to make sure you understand what needs to be done. Immigration laws are actually quite complicated and most people are going to be a bit confused about the requirements. Take a look at the following five important things that you need to know about Canadian immigration laws. It just might help you to understand why hiring an immigration lawyer is such a good idea.
1. Being Married to a Canadian Doesn’t Automatically Get You in
One thing that people wind up being confused about is whether or not having a spouse that lives in Canada can get you into the country. The immigration laws simply don’t work that way in Canada. If your spouse lives in Canada, then you’ll still need to apply for spousal sponsorship to immigrate to the country. This process takes time and it isn’t going to be a guarantee.
Due to the fact that the immigration laws in Canada are different from those in America, people tend to get confused by this. It’s actually not overly difficult to understand, but it might still be beneficial to enlist the help of an immigration lawyer. They can help things to go smoothly and guide you through the process. Lawyers explain what is required of you and they do a lot of the work themselves.
2. The Difference Between Outland Sponsorship and Inland Sponsorship
There are two different types of sponsorship that you can make use of when you have a spouse in Canada. These sponsorships are known as outland sponsorship and inland sponsorship. The difference between the two can be hard to grasp at first glance. It isn’t too complicated when you dig into the details, though.
An inland sponsorship can grant someone an open work permit. This is going to allow them to live in Canada and they’ll also be able to work. An outland sponsorship is usually going to be the faster option, but it doesn’t come with that convenient open work permit. Consider which option is best for your situation before moving forward.
3. A Job Offer Isn’t Necessary to Immigrate to Canada
You should also remember that you don’t necessarily need to have a job offer to immigrate to Canada. It can help the process, but immigrating to the country isn’t contingent on whether you have a job offer. There are other factors to consider and the majority of immigration applicants don’t have a job offer when they finally do get their Canadian Permanent Residence. Immigration lawyers can help you immigrate from one country to another without any issues.
4. You Usually Need a Job Offer to Obtain a Canadian Work Permit
Getting a Canadian work permit isn’t as simple as you might like it to be. This is one of the reasons why people enlist the help of lawyers so that they can be helped through the process. Typically, you’re going to need a job offer to get a Canadian work permit. There are exceptions, but you’ll definitely want to have a solid job offer to make things easy.
5. Job Offers Need to Be Validated
If you do get a job offer from a Canadian business, then things will need to be validated. Only serious job offers will really help you to get into Canada faster. This assessment process is known as a labour market impact assessment. Things will be assessed and then you’ll be able to see if it helped your chances or not.
The Canadian immigration process might feel a bit daunting at first. Even so, you’ll be able to get things in order by contacting a lawyer. You shouldn’t hesitate to reach out to a legal professional if you want things to go smoothly. They’ll be able to consult with you and they can handle a lot of things on your behalf.
The men and women of our armed services put their lives on the line to protect our country. They put themselves in harm’s way to protect the rest of us, and they deserve the best equipment and gear to help protect them.
Unfortunately, many of our soldiers didn’t get adequate hearing protection during training and combat. This has lead to hearing damage and loss for thousands. The manufacturers of these earplugs, 3M, are being sued for providing these earplugs to the military. This is because they were aware of their defects and inadequate performance.
While the details of the 3M earplug lawsuit are complicated, it is important that soldiers and their families understand this lawsuit and how it may apply to them.
3M Earplug Lawsuit: The Basics
To understand this lawsuit, you need to understand the facts of the case and the story behind it. In 2003, Aearo Technologies received an exclusive government contract to provide the military with their dual-sided Combat Arms earplugs. In 2008, 3M bought Aearo Technologies and took over their contract to supply earplugs to the military.
These earplugs were supplied to the military starting in 2003 and were used by the military until 2015. This means that anyone who served between 2003 and 2015 may have been affected by these defective earplugs.
The dual-sided earplugs were designed with a yellow-colored side and an olive-colored side, each with their own function. The olive-colored side was designed to provide complete hearing protection, blocking out all the noise of the battlefield. The yellow-colored side was designed to provide hearing protection that allowed soldiers to hear spoken orders and enemies moving around near them.
These earplugs were standard issue across many branches of the military, including the Army and the Marines. Their defective nature caused hearing difficulties and loss for thousands of soldiers and put even more at risk for hearing loss.
3M knew about the defective nature of these earplugs through testing. They supplied the military with them anyway, using misleading and inaccurate test results to secure the sale.
Moldex-Metric, Inc. filed the lawsuit against 3M and Aearo Technologies under the whistleblower provisions that are part of the False Claims Act. The act allows people or private parties to sue a company on behalf of the government if the company made false claims to get government funding. The act also allows the plaintiff to share in the settlement.
While 3M has admitted to doing nothing wrong, they have agreed to pay $9.1 million to settle the lawsuit. Luckily, a favorable judge was recently chosen to hear more cases against 3M in Florida, which you can learn about here.
The injury claims in the case exclusively deal with injuries related to hearing loss and damage. While most of the claims have to do with things like tinnitus, some of the plaintiffs also suffer from balance issues from the damage caused to their inner ear.
Tinnitus is a condition that causes a ringing in the ear, which can be deafening and constant. This is the result of serious hearing damage and can result in further hearing loss. Hearing loss is considered to be a significant disability for soldiers because it reduces their operational effectiveness, readiness, and impacts their quality of life.
Each branch of the military conducts hearing tests on their service members and keeps the results for comparison to other tests. This means that plaintiffs in this court case will likely have evidence of hearing loss from their time in the service.
Design Flaws and Fraudulent Test Results
The basis of this lawsuit rests on two different facts: that 3M knew about the design flaws of their product and falsified test results to disguise the defect.
Design Flaw of Combat Arms Earplugs
The design flaw of the dual-sided Combat Arms earplugs relates to the length of the earplugs. The length of the stem of the earplugs wasn’t long enough. This meant that soldiers couldn’t get the plugs deep enough in the ear canal to get a good fit. As the soldiers wore the earplugs they would come loose without the knowledge of the soldier or others.
This meant that the ear canal was not completely sealed off and led to inadequate hearing protection. Unfortunately, Aearo Technologies was aware of this defect as early at 2000, over three years before they received the government contract.
They did not report the defect of the earplugs to the military. They knowingly provided these earplugs to the military with the defect. This led to lifelong injuries for many of the soldiers who used these earplugs during training and combat.
Fraudulent Testing Results
3M and Aearo Technologies got the government contract based on the test results they provided. 3M and Aearo didn’t commission an independent lab to test the earplugs and verify their results. This was in direct violation of federal law and the military’s approval process.
The first step in their testing process was to test the olive-colored side of the earplugs. During tests, they found that the olive-colored side only produced a noise reduction rating (NRR) of 10.9, which was well below the requirements. When they tested the yellow-colored side of the earplugs, they got an NRR of -2. With a rating of -2, the earplugs actually amplified sound rather than reducing it.
During these tests, 3M realized that they got better results by changing the use of the earplugs. By folding up the flanges on the opposite side, the user could get a better fit in their ear. When they folded up the flanges, they got an NRR of 22 with olive-colored side and an NRR of 0 on the yellow-colored side.
They used the second set of results as their official results. They also put these results on their marketing materials. They did not instruct the military to use the earplugs this way and did not inform them of the actual results.
File Your Claim Today
Now that you know more about the 3M earplug lawsuit, you can take steps to find out if you have a claim. Make sure to do more research online about this case and speak to a lawyer if you believe you have a claim.
If you have any more questions about this lawsuit or need help finding a lawyer, please check out the rest of our blog.
Try to imagine your law firm operating without a cohesive computer network. Can you picture it? Most people today probably can’t. The computer network you use is the powerhouse of your firm, taking in information, delivering information, scheduling, keeping records and more. If it isn’t working well and predictably, your firm will suffer.
Why Do We Need IT?
Sometimes, the biggest IT challenge faced by a law firm is the period before it gets IT services. During that time, some firms will operate with no IT at all. They will call in a consultant or repair person if they believe there is a problem. And, have you ever heard that a guy is coming in to fix the system because he’s the brother of a friend and “knows a lot about computers?” There are plenty of small businesses that operate that way for a while until the demands of the computer network get too big for the current solution. That’s when firms realize that with IT services, they can keep the network running smoothly and keep it safe from hackers. Businesses of every size and description need IT personnel to monitor their computers systems and identify any problems quickly.
Attorney-Client Privilege and IT
You know how attorney-client privilege works, and you know how important it is to keep your clients’ information private. It’s part of your reputation and your livelihood. Hackers try harder than ever to steal data because it can be lucrative for the thieves. Today, hackers are targeting law firms in particular because they are known to keep so much private information about their clients. Getting malware into your system can get the names, social security numbers and even banking information that they can use to drain your clients dry. One of your biggest obstacles in the hackers’ path is your IT service. It monitors for any hacks, for malware and for unauthorized use of your system to act quickly before data is lost.
We’ve all heard about viruses that can infect computers and ruin the data being held there. However, there are many more types of malware used y today’s hackers. One of the most popular of these is ransomware. All it takes is clicking a bad link, and your system may be closed down and held hostage until you pay the ransom to get it back. Because this type of attack is so lucrative, it’s gaining steam like never before. This year, a business will be hacked by ransomware every 14 seconds in the U.S. There are also keystroke trackers that can easily steal passwords and get into all of the websites you use, including financial accounts. Billions are spent every year to pay ransoms, and that doesn’t include the cost of fixing hacked computers, getting rid of viruses and losing clients after a hack.
Privacy and Security
So, you want to have IT services to help keep your system running and to protect it from hackers. How do you know the IT personnel will understand privileged information? This is why it’s so important to choose an IT provider who has experience with doing IT for law firms. This experience makes them fully aware of how sensitive some of the information on your network is and how important it is to keep it from any prying eyes. By using high-level encryption, regular maintenance and fixes when needed, your IT personnel can add many layers of security over your data so that it isn’t an easy target for thieves.
One of the worst things that can happen to your firm is having a long list of clients that you have to contact to tell them that their data has been stolen from your computer network. It’s bad for your reputation, it’s bad for overall morale, and it can cost the firm dearly when it has to make restitution to all of the victims. If you never want to make those calls, make sure you have IT services in place to prevent thieves from coming and taking whatever they want.
Most of the personal injuries in the United States are due to car crashes. If you, god forbid, suffer from personal injuries, you deserve fair compensation.
But no one is willing to pay the right compensation. It is an unfortunate reality that defense lawyers and insurance adjusters always search for mistakes. And, in case they find one, the immediately pounce on that to take advantage of settling for less.
This blog lists 13 mistakes that people usually make in personal injury lawsuits. Dig deep into the page for details.
1. Not Choosing the Right Attorney
The first thing is that you must hire someone who is licensed to practice in the locality. If you are in Los Angeles, you should only consult someone with a proven track record, such as WestCoastTrialLawyers about personal injury law.
Choose a Los Angeles trial attorney with long exposure in this specialized field of law. Also, make inquiries about their track record and how busy they are. This is because an extremely overloaded lawyer may not be the ideal selection. Read here for more.
2. Suppressing the Facts
Personal injury lawsuits have good and bad points. Never hide anything from your attorney. You must tell your attorney every detail; repeat every detail, about the case.
Your attorney represents you and works to win the case. So, never suppress anything, however trivial you think that to be. Also, do not give any false or fabricated information. This can entail disastrous results.
3. Talking About the Lawsuit
Many people may contact you to talk about the case and settlement. They could be anyone from insurance adjusters, risk managers, and defense lawyers.
But you should never talk with the people hired by the driver at fault. The most prudent advice is not to talk to anyone except your personal injury lawyer. Ask them to approach your attorney. This will keep you safe.
4. Discussing the Case on Social Media
People have a very strong presence on social media now. They have a habit of sharing everything on Facebook, Instagram, Twitter, and other social platforms.
Remember, that the other side is looking for facts against you. For this, they are likely to access your social media accounts. They play this dirty game to shake off their responsibility or at least to settle for less.
So never discuss the case or post anything concerning the accident in the social media. They may go against you.
5. Not Keeping the Key Evidence
Most of the people never treat the spot of the accident as a murder scene. But you must do so without fail. If possible, take many photos and videos using your Smartphone. Otherwise, get a professional photographer. For car accidents, take photos of the cars immediately after the crash.
Note down every detail of the spot. This must include if the street lights are on and if there is anything obscuring the view, and like that. Also, note down the direction of the sun. Moreover, speak to the eyewitnesses because they are not likely to help you after a lapse of a few months.
6. Signing Documents Without Consultation
Never, never, and never sign any document without consulting your personal injury lawyer. Forms related to personal injury case may have questions that trap you into giving contradictory information.
Moreover, a simple looking form may also contain declarations on waiving rights in fine prints. So, you must check with your attorney before signing any document related to the personal injury case.
7. Settling the Claim Too Early
The ideal scenario is to settle the claim after full physical and mental recovery. Make sure that medical diagnosis and the expected recovery time is final. Because chances are that you may have to continue treatment beyond this period. Remember, once you settle, you cannot ask for more.
In case this happens due to bad professional advice you may file a professional negligence case for recovery.
8. Not Telling the Pre-existing Injuries and Medical Conditions
Doctors inquire about the medical history for treatment. Disclose if you have a pre-existing injury and medical condition to the doctor. While these will not kill your lawsuit, acting otherwise will do.
Tracking your medical history is easy through social security numbers and insurance database. Disclosing these will make your case favorable.
9. No Regular Communication With the Attorney
Don’t think that your personal injury lawyer has your lawsuit in mind. This is practically impossible as he handles many lawsuits together. So, you must interact with him regularly. Often, speaking to the lawyer over the phone resolves many issues.
10. Not Asking Questions
When you involve in personal injury claim proceedings, many questions are likely to rise in the mind. Don’t think that it will be stupid to ask these to your attorney. After all, it is your claim and you have a right to know. Who knows that it will not open a new point in favor of the claim!
11. Missing Medical Appointments
Never miss a medical appointment. You should also follow their instructions. Failing to go on the day of appointment may raise questions about your injury. But attending the appointment means that you are working hard to recover. Inform the attorney if you are referred to another doctor.
12. Applying Too Late
Every state has its own personal injury law statute that gives a deadline. You can settle the claim or file a lawsuit within this specific period. As such, you should consult a personal injury attorney as early as possible after the injury to avoid delay.
13. Mistakes in No-fault Forms
Submission of these forms is necessary to get reimbursement for the service provided. You must fill this up very carefully. A simple and innocent mistake in the form can be critical and you may lose these benefits.
You must keep the above mistakes in mind. They have the power to throw your lawsuit out of the court. Some of these may seem to be unnecessary. Still, we suggest you be cautious about them. Mind, that remaining safe is always better than to be sorry afterwards.
As of 2019, there are over 1.35 million lawyers in the US. With so many available, it may be hard to choose one.
Just because they’ve passed the bar doesn’t mean they’re going to be good attorneys. Below are 6 signs of a bad lawyer so you know when to end their services.
1. They Don’t Communicate with You
Yes, lawyer’s offices do get busy, but their clients should always come first. It’s understandable that they can’t always answer your calls, but they should promptly return them.
If you feel like you’re always left in the dark and it seems like your attorney isn’t paying your case much attention, that’s a red flag.
2. They’re Unprofessional
As with any job in all industries, professionals are expected to show commitment and good conduct. There may be personal issues that arise, which may affect a person’s ability to work. But other times, it may be a lack of caring.
For instance, if your lawyer never shows up on time or returns your calls, plus files the wrong paperwork, it’s time to look for a more dedicated attorney.
3. They Lie to You
Your attorney has to be transparent with you. They shouldn’t tell you your case is going well if it isn’t. Also, they should inform you if they’ve missed an important deadline.
If they attempt to cover up any negative aspects of your case, your lawyer isn’t to be trusted. Look elsewhere for legal counsel.
4. They’re Not Compassionate
The most important thing is you have a lawyer who can handle your case competently. But another vital factor is how compassionate they are.
Depending on your legal issues, you may need an understanding attorney to lean on. Having someone abrasive and cold can make your suffering even worse.
5. They Don’t Understand Your Case Thoroughly
If you have something such as possession with intent to deliver penalty, it’s a serious and complex crime. You can get anywhere from 1 year to life in prison.
The attorney you have can literally mean the difference between freedom and life in prison. If it seems like your lawyer doesn’t really understand your case, you need to hire someone who can keep you out of prison confidently.
6. They’re Unethical
Have you received a bill and been surprised at some of the hidden expenses that have popped up? Or have they done something illegal while working on your case?
Should you have a bad feeling about your attorney’s behaviors, you should discontinue service with them. Chances are, they have unscrupulous behavior that could get both themselves and you in trouble for perjury with defense.
Don’t Ignore Signs of a Bad Lawyer
Any legal issue can be difficult to go through, so make sure it goes as smoothly as possible by knowing the signs of a bad lawyer. Once you recognize those signs, you can find a much better one that’s willing to fight hard for you.
If you’re looking for an excellent lawyer, use our search function now.
It worth noting that just most of the personal injury lawsuits in the United States rarely go to court with only 4% to 5% making it to trial. It is such cases that have drastic outcomes which could mean a significant settlement or nothing at all.
These top personal injury settlements are a clear indication that with the right legal representation in your lawsuit, you have higher chances of winning big.
Below are 5 of the most startling lawsuit settlements of all time.
1. The $206 Billion Tobacco
At the moment, it is clear that tobacco smoking is harmful to one’s health. Nevertheless, in the past, this knowledge was unknown because the top tobacco corporations hid such information from the public. This was done through misleading advertising practices.
In 1998, 46 states came together and formed a class action suit against RJ Reynolds, Phillip Morris, and two other tobacco companies. The lawsuit aimed at helping recover all medical expenses for smoke-related diseases.
This was a massive case that took the country by storm, and most people were on edge waiting for the final court verdict. The jury decided to punish the tobacco companies for its lousy business malpractices, and they were to pay $206 billion in 25 years. The money was used in the care of ill smokers, and part of it used in founding an anti-smoking foundation.
2. Robert Middleton, $150 billion
In 1998, the eight-year-old man was sexually assaulted and burned with gasoline by 13-Year-old Don Collins. Robert suffered 99% burns on his body, and in 2010 he eventually died from skin cancer.
Robert’s family, armed with a personal injury attorney argued that the burns caused their relative was responsible for his cancer and his untimely death. In the verdict, Don Collins was charged as an adult and sentenced to jail for the wrongful death of Robert and a sum of $150 billion was awarded to Robert Middleton’s family.
3. Anderson Family & General Motors, $4.9B
In 1993, six individuals (two adults and four kids) from the Anderson family were burnt when their car (a Chevy Malibu) got hit by a drunk driver causing a big explosion.
The family pursued a lawsuit against General Motors. The company vigorously fought back.
At first, the court settlement instructed General Motors to pay Anderson Family $4.9 billion. The sum of $107.6 million was awarded to the plaintiff as compensatory damages. The remaining 4.8 billion was for punitive damages.
However, General Motors appealed the case, and the settlement was reduced to $1.2 billion.
4. Central Park Five, $41M
Perhaps, you have heard about this personal injury case as it is one of the most publicized in recent times. This is because it is a typical case that highlights the plight of racial profiling and coercive interrogation.
Five men (four black and a Latino), were wrongfully imprisoned for pounding and raping a lady jogger in Central Park in 1989. In 2002, a serial rapist offender confessed to the crime while in jail.
As a result, the five men sued the authorities for not conducting a thorough investigation and were awarded a compensatory settlement of $41 million.
5. Gloria Aguilar, $27.5 million
This is a symbolic personal injury claim where the plaintiff, Gloria Aguilar, lost her leg after she was hit by a bus in 2005, just a few blocks from her apartment in New York.
Gloria sued the bus company for compensatory damages, and after four long and tormenting years on trial, the court decided to award the victim and her family a sum of $27.5 million.
Even though some of the lawsuit settlements explained above are rare, it is evident that having a skillful personal injury lawyer by your side is your best bet.
If you or someone you know has suffered an injury or died due negligence of another, contact us today for assistance.
Sports can bring people and communities together in ways nothing else can, people who have never met and have nothing in common but for the love of a game or, as is often the case, a team. It’s truly something powerful. Unfortunately, every now and then you’ll see the flip side, and somehow the pitch action is taken into court.
One of the most recent ones came from DC Comics, when they decided to sue Valencia CF, a Spanish soccer team, for unrightful use of the bat symbol, which is used in the club logo. However, it seems like the odds of this ending in favor of the American comic book publisher are not very reliable.
Valencia CF has had a bat in its logo since the club foundation, 100 years ago, in 1919. Meanwhile, the first Batman comic was published in…1940. DC itself was born in 1934, 15 years after the Spanish sports emblem. Still, the company decided to fill papers to the Office for the Harmonization of Internal Market, which is in charge of the European Union’s trademark registration process.
Thinking about this, we’re going to look at five of the most bizarre sporting lawsuits. Enjoy the rest but, please, hold your horses and do not get any ideas.
5. Tiger watches Woods in Golfing Action
It’s the 2010 TPC Boston and you’ve bagged yourself tickets to see your hero in the flesh. Exciting times. That’s the scenario Jason Goodwin found himself in as Tiger Woods came to town. People do strange things to stand out from the crowd – some create signs and hold them aloft, some run beyond boundaries for their five minutes of fame and others dress in enormous tiger costumes. Okay, just one person.
Unfortunately, for Goodwin, Woods’ golfing partner, Angel Cabrera, requested he was removed from the venue as his outfit was causing a distraction. An outraged Goodwin took a lawsuit to small claims court in search of damages to the tune of $7,000.
It’s not known if he won or not but it’s safe to say he was one Tigger that ended up feeling a little Pooh!
4. Courtside to Courtroom
In 2005 NBA star Kobe Bryant was seemingly making a last-ditch attempt to gather a loose ball when he ended up amongst the expensive courtside seats and more specifically in a collision with Memphis Grizzlies supporter Bill Geeslin.
Geeslin was adamant that Bryant made a deliberate attack on him, landing a forearm smash leaving Geeslin with a ‘bruised lung’. Sounds like a reason to get grizzly. Three years later Geeslin passed away – presumably of unrelated circumstance – but his family didn’t stop and pursued Bryant for $75,000.
Bryant settled out of court after becoming fed up of the ongoing saga.
3. Safeway? No way.
In 2009 sporting legend Michael Jordan was inducted into the NBA Hall of Fame. Jordan and Chicago Bulls go together like steak and chips and food store Safeway saw an opportunity to exploit Jordan’s success in the Windy City running a coupon that gave money off a steak. The chain chose to use Jordan’s name in their promotion – something he hadn’t given permission for.
Safeway offered Jordan over $120,000 but his legal team challenged and squeezed out a settlement of nearly $9 million. Now that’ll buy a quite good steak!
2. Comfort Eating
Oh dear, we are not painting Chicago in good light. Chicago Bull’s Derrick Rose suffered a serious knee injury and was out of action for a long time. Some fans were wishing him a speedy recovery, other were willing him back to help their team.
Not Matthew Thompson. Poor old Thompson, who was 25 at the time in 2013, suffered serious mental issues as a result of Rose’s absence and they drove him to start eating like a horse, which in turn made him obese.
He tried to sue Rose directly for not turning out on court immediately on recovery but was rightly awarded nothing. We all feel for you Thompson, genuinely we do.
1. Spitting Cobra
Five years ago, Chicago Blackhawks keeper Corey Crawford was accused of assaulting a LA Kings fan. Clark Wong suffered “serious irritation” to his eyes and the suffering only ended after seeking medical attention. So, what on earth did Crawford do? It must have been bad, right?
Wrong. Crawford is alleged to have squirted him with water from drinking bottle – imagine the pain. Wong’s claim was that it was in fact Crawford’s saliva in the water where he’d been drinking it that caused the reaction. Unfortunately, for Wong, other people managed to maintain their vision and saw him ejected later in the game for hurling abuse.
Still, if Crawford wants to take up wrestling or boxing one day, he has a name ready to go ‘Corey “The Cobra” Crawford; failing that, maybe the Avengers could do with another superhuman to help them out.
What would you do if an accident changed your life today? Most people never think that a rear car collision or a simple slip and fall can have a big effect on their lives. But when accidents happen, they can be devastating.
Accidental injuries have become the 3rd leading cause of death in the United States. And plenty that don’t die end up suffering severe consequences for simple mistakes.
Injury lawsuits have helped people get financial compensation for their injury and prevent others from experience the same pain they went through. But these lawsuits are never a sure thing.
You may have been harmed by no fault of your own, but you could still lose your lawsuit if you approach it the wrong way.
Read on to learn what you should avoid doing if you want to win your personal injury case.
Injury Lawsuits 101: 6 Mistakes to Avoid
It can be jarring to think that you could lose a suit you’re depending on, but it happens more often than you’d like to think.
Any personal injury lawyer can tell you a story about where a client didn’t get what they deserved because of a simple mistake.
We can’t guarantee that you’ll win every suit you file. But we do know if you follow these tips, your chances for winning will improve.
1. Forgetting to Preserve Evidence
In personal injury lawsuits, the evidence is everything. The jury’s verdict will depend on it, and so will your settlement. The more evidence you have, the better your chances of winning will be.
Photos can help preserve important parts of your case. Take pictures of an accident scene, snap a few photos of your injuries, and keep a journal of any and all medical symptoms you’re experiencing.
If there were any witnesses to the accident or injury, you’ll want their names and contact information for your case. If there was a police report filed, do your best to get your hands on it as soon as possible.
Don’t worry about having to personally contact witnesses. Your attorney can handle getting important information from them.
2. Neglecting Medical Care
You claim that the injury has turned your life upside. Your family has been affected, your job performance has suffered, and you’re starting to experience severe anxiety and depression.
But despite all these serious claims, you haven’t seen a doctor for treatment.
Going to the doctor once after an accident won’t prove much to anyone. It doesn’t show that the injury has had a significant impact on your life, and it won’t be enough to sway the judge and jury.
If you want to get a comprehensive injury settlement, you’re going to need doctors and other healthcare professionals to document your injury and needed treatments.
Documentation from medical professionals can be excellent evidence in your case. It shows how your life was impacted, and it can give people on both sides an accurate image of how medical costs have impacted your finances.
3. Waiting Too Long to File
A personal injury lawsuit may not be a criminal investigation, but there’s still a statute of limitations on how long you can wait to file.
Don’t make the mistake of waiting too long to file. The statute of limitations is only one reason why it’s best to file as soon as you can.
Once you file your case, you’re allowed to formally start gathering evidence. It’ll make it much easier to obtain police records and get official documentation from doctors.
Not waiting to file can also help with optics.
The quicker you file, the quicker the people involved in the case know that you’re serious about getting a fair settlement and moving through the court. It also shows the judge that you’re serious about your case.
4. Under-Estimating the Extent of Your Claim
You’re filing a personal injury lawsuit, so naturally, you focus on your medical bills and think only about recouping the medical side of the loss.
You may be filing a personal injury lawsuit, but that doesn’t mean that all of your injuries and damages are all physical.
Did you lose the ability to control or perform certain body functions? That can be extra damage that can be claimed in your lawsuit.
Are you feeling more depressed or anxious after your injury? Are your family members having a difficult time coping with everything? You may able to sue for emotional damages, too.
This is why it’s important to get proper legal representation when you’re filing a personal injury suit. You could be missing out on something important.
5. Taking the First Offer
Filing a personal injury suit can be a physically and emotionally exhausting ordeal. You can learn more about how long it can take for these cases to settle, but in some cases, people can fight for months or years on a single case.
When you hear that there’s an offer on the table you may feel compelled to jump on it but doing that could do more harm than good.
Personal injury lawsuits may not get resolved in one go and, in some cases, shouldn’t be.
Some people may put a very low offer on the table to begin with. There could be other evidence you can use that can make your case even stronger.
Remember, it’s okay to walk away from an offer if you don’t think it’s fair enough. You can go back a second or even third time to get something you think is fair.
6. Posting Too Much on Social Media
Social media has made it easy to see what friends and loved ones are doing. On the flip side, it has also made it easier for law enforcement and lawyers to keep tabs on people.
You claim that you’re in horrible pain, but then a lawyer sees you posting pictures of yourself out at a party smiling. You may have been posing for a photo and you may have left the party in pain, but that won’t matter to the judge.
Be careful about what you’re posting on social media and ask your friends to use their discretion too.
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Filing a lawsuit can help you get the personal injury compensation you need to get your life back on track. But you’ll need a good lawyer to help your case.
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Litigation lawyers or litigators are the ones who handle civil lawsuits before, during, and after the trial. They are also called trial lawyers, who may represent the plaintiffs as well as defendants. A skilled litigator will handle all phases of the lawsuit in the trial from the primary investigation, pleadings, discovery, pre-trial, trial, and settlement to the appeal process if needed. The job of a litigation lawyer may vary based on the nature of the legal dispute, the lawyer’s experience, and whether they are representing the defendant or the plaintiff.
Qualification of a litigation lawyer
Litigation lawyers may have completed their graduate degree from a recognised law school. They may have earned a three year or more duration of law school training to grab the credentials. The attorneys also may have passed the bar exam in order to enrol as an authorised litigator.
Tasks of a litigation lawyer
Case assessment and primary investigation
In the case of representing the plaintiff, litigation attorney will conduct a primary investigation to assess if there are enough evidence to file a lawsuit. In the case of the defendant, the lawyer will assess if there is enough evidence existing to defend the potential suit against his or her client. The investigation includes locating the witnesses, taking statements, gathering needed documents, client interviews, and investigating the facts.
Drafting the plea
There are various pleadings to be filed in the court on behalf of the defendant and plaintiff in a lawsuit. Plaintiff Lawyers Adelaide needs to file complaint and summons to initiate the case. Defence attorney usually drafts the answers and counterclaims in response to the complaint.
This is the phase of exchange of information between the plaintiff and defendants. This includes direct interrogation, answering written questions, and writing a penalty of perjury etc. Requests for documents, examining physical evidence, analysing information etc. comes as apart of discovery.
Immediately preceding the court trial, the lawyer needs to prepare ell by advising clients, retaining the expert witnesses, attending the pre-trial conferences, and also develop a strategic approach to the trial based on the available evidence and facts.
The litigators need to be fully engaged while the case is before the judge. The lawyers need to collaborate with other experts to craft an appropriate trial theme. They also should try to identify the potential strengths and weaknesses of the case and develop some persuasive arguments. Litigation lawyers may also conduct the post-trial interviews.
If needed, a lawyer also must appeal a case on behalf of the client if the trial ends up in adverse. The lawyer must present necessary evidence as to prove the incompetence of the trial court’s decision in order to get the appeal granted.Apart from these, the litigation lawyers also will take the initiative to draft the post-trial motions, preserve or identify the issues to go for appeal, develop the appellate strategies, and gather further evidence for appellate record etc. They also should take the initiative to research on the procedural issues, draft further documents, and again present the arguments in front of the appellate courts for a favourable sentence.
The Bouvier Affair refers to the battle between Yves Bouvier and Dmitry Rybolovlev. The two were longtime partners brokering art dealings around the world for over a decade. The relationship went sour when Bouvier allegedly committed fraud and purchased several paintings (Da Vinci’s Salvator Mundi among others) for himself when he was supposed to be buying it for Rybolovlev. After purchasing this painting Bouvier then “sold it” to Rybolovlev at an escalated price. More simply put, Bouvier pretended he brokered the deal (which was supposed to be his job) between Rybolovlev and the world-renowned British/American art dealer Sotheby’s. Rybolovlev sued Bouvier in a Singaporean Court and has been waiting for a verdict.
The lawsuit concerning The Bouvier Affair alleges fraud and a breach of fiduciary responsibilities on the part of Bouvier and Sothebys. The reason Rybololev was trying to sue in Singapore was because he felt the Swiss courts would not give him what he calls substantial justice. However, the Singaporean Court of Appeals decided the case is better heard in Switzerland. The Singapore judge decided in Bouvier’s favor after his lawyers argued that the transactions were contractually governed by Swiss law.
In 2015 the quarrel between Rybolovlev and Bouvier started after Rybolovlev felt he was cheated out of a total of $1 billion on a deal he paid $2 billion dollars to purchase 40 paintings crafted by artists such as Amadeo Modigliani, Pablo Picasso, and da Vinci.
Bouvier’s defense is that he was functioning as a sole proprietor and or his own art dealer. He states that he was free to buy and sell the paintings to anyone he wanted. Although Rybolovlev and Bouvier never officially signed a contract they did have a handshake agreement as is how many dealings in the big-time art world go. Rybolovlev claims Bouvier deliberately jacked up prices that he originally was quoted and purchased pieces from places like Sotheby’s and the turned around and sold the said paintings for nearly double the price to Rybolovlev.
Judge Sandaresh Menon ruled that there is “no reason to think that some law other than Swiss law applied to the relationship during the period.” Judge Menon also said it isn’t the practice of his court to meddle in affairs and laws of foreign countries.
Bouvier’s attorney said “the Court has been clear, Singapore is not the appropriate forum for this case. Now the Plaintiff’s have to decide whether to start again and initiate legal action outside of Singapore.
Rybolovlev is still seeking justice for The Bouvier Affair in Monaco. If things do not go in favor of him there then the case will have to be heard by the Swiss Court. That is Bouvier’s preference according to his legal team although they didn’t say exactly why.
One thing to note is that Rybolovlev recently sold the da Vinci painting Salvator Mundi for 400 million dollars. However, he is adamant in his stance that is about more than the money when it comes to The Bouvier Affair.