Do you need a personal injury lawyer to get compensation

This article is by Steve Raiser – a New York personal injury lawyer. You can visit his website by clicking here.

Being compensated for a personal injury is not a simple process. Many claims that are not filed by an attorney are routinely denied by respondent insurance companies in an effort to discourage the claimant from pursuing any damages at all. Other times, when the insurance adjuster realizes the claim is valid they will make a small offer that may sound reasonable at the time, but be clearly inadequate after the settlement is finalized. And, quite often, the settlement will include a full release of future medical responsibility for the injury by the insurance company. Insurance adjusters either want to retire a claim quickly for a small amount or attempt dragging the claim out by micro evaluating the case in an effort to stall the claimant out for a lesser settlement. This potential problem is exactly why it is always very important to retain an experienced personal injury attorney to handle your claim because the negotiation process can be difficult and technical. Having an effective and aggressive legal team ensuring you receive maximum financial recovery allows you to focus on physical recovery.
Proving the Respondent is Responsible

The first step in winning a personal injury damage award is proving that the respondent owed a reasonable duty of care to the injured plaintiff regarding personal safety. After establishing this fact, usually through testimony and documentation, your personal injury attorney must prove that the respondent was negligent in that duty of care, resulting in the injury. Both of these legal processes can be challenging and often defended vigorously. The amount of compensation that may be available could also easily be affected by the information entered in the process, especially regarding comparative fault percentages when the case is finalized. Building a strong case that will yield a fair and equitable settlement will always require the legal negotiation expertise of personal injury attorney for proper compensation.

Comparative Negligence

Comparative negligence is the notion that many accidents are caused by multiple actors, and often times that includes the injured plaintiff. This can have a major impact on winning a case and is exactly where insurance companies will attempt to lessen the value of a claim or dismiss it outright. All personal injury attorneys can recognize when an insurance provider is acting in bad faith by overstating the level of personal negligence displayed by the injured plaintiff and move quickly to counter any claim in this regard. The final determination of comparative negligence percentage is usually applied in a case at trial, and many times the comparative negligence argument is why the case has gone to a complete trial.

Trials

Trials can be an option for either party in a personal injury suit. Many times the defense will take a case to a full trial when they think they can reduce the claim payout or win an acquittal. But, plaintiff attorneys can opt to try a case as well when they think they can win punitive damages for gross negligence or significantly reduce the comparative negligence percentage of their client. Trials are also common when there are multiple negligent parties being pursued for a legal ruling for maximum financial recovery award. Even when punitive damages are not applied, the outcome can be much better for the injured plaintiff.

If you are truly focused on being properly compensated for a personal injury it is vital to hire an effective and aggressive attorney who knows how to build a solid case for maximum settlement. Many times cases are settled long before any trial phase, and the attorney you choose can make a major difference. Do not let an insurance adjuster convince you that you do not need an attorney. That is a sure sign that you have a valuable case. Call a personal injury attorney immediately.

hiring a criminal lawyer vs public defender

Here’s a great article from Jorge Riviera, about hiring a criminal attorney or a public defender. Jorge practices personal injury and criminal defnese law. You can visit his website at personalinjurylawyerslosangeles.com

The Difference Between A Private Criminal Attorney And A Public Defender

When a person is arrested and facing criminal charges, they need to make important decisions that will impact the rest of their lives. They will need to decide if they will plead guilty or not guilty. They may need to decide if it is better to take the punishment offered by a prosecutor or risk going to trial. They must also decide what type of lawyer they want to help them through this process. Should they hire a private attorney or should they be satisfied with a public defender? There are advantages and disadvantages to both.

Public Defender

ADVANTAGES
A public defender is appointed to represent individuals who are not able to afford to pay for a private lawyer. They also represent defendants who specifically request to be represented by a public defender. There is no cost for this legal representation. A public defender is very familiar with the criminal court system and criminal cases. They will have a wealth of knowledge and experience when it comes to handling criminal cases. A public defender will have an established working relationship with prosecutors and judges. This will enable them to get their motions as well as plea agreements and other legal requests through the system faster.

DISADVANTAGES
It’s important to keep in mind that public defenders work for the government. They make substantially less money than an attorney working in private practice. Many people can’t afford to pay the price associated with hiring a private lawyer. Most public defenders have very large workloads and are underpaid for their work. This can create situations where public defenders often make mistakes because they may not have enough time to spend working each of their cases.

Private Lawyer

ADVANTAGES
A private lawyer will not be working as many cases as a public defender. This enables them the opportunity to spend more time discussing a case with their clients. During these discussions, a private lawyer can get to know the defendant. They are able to ask important questions that could provide valuable information that will help a client’s case. In some situations, this information can help a lawyer get their client’s sentence reduced or even dismissed.

When a person is able to pay for legal services, and the costs associated with their defense, they will have more resources available to them. It may be possible to hire an expert witness to explain certain aspects of the case. Evidence may be able to be tested at private laboratories. A private investigator may be able to discover key evidence and witnesses. A private lawyer will have more support staff available to them.

DISADVANTAGES
Hiring a private attorney can be expensive. They will be charging a client based on their legal reputation. The cases the take are limited. A private attorney will not work on a case that doesn’t provide sufficient payment. No matter how much money is paid to a private attorney, they can’t guarantee the outcome of any case.

Service
Because of their huge caseloads, a Public Defender must deal with their clients as quickly as possible. Most Public Defenders are as frustrated by their inability to spend time with their clients as are the clients. It’s common for Public Defenders to be passionate when advocating for their clients. It is also common for a Public Defender to be overwhelmed by their case load and unable to provide the level of legal work they would like to provide. A private attorney will be able to maintain a high level of communications with their client. They will keep them informed of how their case is progressing. They have a responsibility to make certain their client’s money is being spent wisely to produce the best possible legal results.

Making Deals
A public defender will have enough experience to anticipate the standard offers their client will be given by the court. They will know how a prosecutor or judge will react to specific legal motions such as to dismiss the case, have a bench trial and more. A private attorney will be able to gather evidence for a case. This often puts them in a better position to negotiate a deal for their client.

Court
Public Defenders are usually involved in a large number of trials. A private attorney will be not be involved in as many trials because they are unlikely to take a marginal case. A trial is expensive. This only happens with a private attorney when their client is motivated to prove their innocence. A private attorney is very motivated to protect their reputation in the legal world. An experienced private attorney will carefully review all of the potential risks and benefits for their client of going to trial. They will try to not set their client’s expectations too high.

Conditions
A judge will assign a Public Defender if a person is facing possible incarceration. The judge must also find the defendant unable to pay for a private attorney on their own before being assigned a Public Defender.

The Difference Between A Private Criminal Attorney And A Public Defender

When a person is arrested and facing criminal charges, they need to make important decisions that will impact the rest of their lives. They will need to decide if they will plead guilty or not guilty. They may need to decide if it is better to take the punishment offered by a prosecutor or risk going to trial. They must also decide what type of lawyer they want to help them through this process. Should they hire a private attorney or should they be satisfied with a public defender? There are advantages and disadvantages to both.

Public Defender

ADVANTAGES
A public defender is appointed to represent individuals who are not able to afford to pay for a private lawyer. They also represent defendants who specifically request to be represented by a public defender. There is no cost for this legal representation. A public defender is very familiar with the criminal court system and criminal cases. They will have a wealth of knowledge and experience when it comes to handling criminal cases. A public defender will have an established working relationship with prosecutors and judges. This will enable them to get their motions as well as plea agreements and other legal requests through the system faster.

DISADVANTAGES
It’s important to keep in mind that public defenders work for the government. They make substantially less money than an attorney working in private practice. Many people can’t afford to pay the price associated with hiring a private lawyer. Most public defenders have very large workloads and are underpaid for their work. This can create situations where public defenders often make mistakes because they may not have enough time to spend working each of their cases.

Private Lawyer

ADVANTAGES
A private lawyer will not be working as many cases as a public defender. This enables them the opportunity to spend more time discussing a case with their clients. During these discussions, a private lawyer can get to know the defendant. They are able to ask important questions that could provide valuable information that will help a client’s case. In some situations, this information can help a lawyer get their client’s sentence reduced or even dismissed.

When a person is able to pay for legal services, and the costs associated with their defense, they will have more resources available to them. It may be possible to hire an expert witness to explain certain aspects of the case. Evidence may be able to be tested at private laboratories. A private investigator may be able to discover key evidence and witnesses. A private lawyer will have more support staff available to them.

DISADVANTAGES
Hiring a private attorney can be expensive. They will be charging a client based on their legal reputation. The cases the take are limited. A private attorney will not work on a case that doesn’t provide sufficient payment. No matter how much money is paid to a private attorney, they can’t guarantee the outcome of any case.

Service
Because of their huge caseloads, a Public Defender must deal with their clients as quickly as possible. Most Public Defenders are as frustrated by their inability to spend time with their clients as are the clients. It’s common for Public Defenders to be passionate when advocating for their clients. It is also common for a Public Defender to be overwhelmed by their case load and unable to provide the level of legal work they would like to provide. A private attorney will be able to maintain a high level of communications with their client. They will keep them informed of how their case is progressing. They have a responsibility to make certain their client’s money is being spent wisely to produce the best possible legal results.

Making Deals
A public defender will have enough experience to anticipate the standard offers their client will be given by the court. They will know how a prosecutor or judge will react to specific legal motions such as to dismiss the case, have a bench trial and more. A private attorney will be able to gather evidence for a case. This often puts them in a better position to negotiate a deal for their client.

Court
Public Defenders are usually involved in a large number of trials. A private attorney will be not be involved in as many trials because they are unlikely to take a marginal case. A trial is expensive. This only happens with a private attorney when their client is motivated to prove their innocence. A private attorney is very motivated to protect their reputation in the legal world. An experienced private attorney will carefully review all of the potential risks and benefits for their client of going to trial. They will try to not set their client’s expectations too high.

Conditions
A judge will assign a Public Defender if a person is facing possible incarceration. The judge must also find the defendant unable to pay for a private attorney on their own before being assigned a Public Defender.

This article is by Michael Kotik, a premier Philadelphia criminal attorney.

How do divorce lawyers charge?

This blog post is from Raiser & Kenniff PC, an elite team of matrimonial attorneys in NYC.  Typically, divorce attorneys charge in one of two ways

  1. Charge Flat Retainer

If the divorce attorney feels the amount of work is limited, or is highly predictable – then the attorney will be comfortable charging a flat fee. With a flat fee, the attorney cannot charge more money than quoted. So it limits his/her ability to make money, and it also limits your overall costs. Many attorneys will refuse this method of billing if they foresee potential issues, such as court, etc

2. Charge Hourly

In most circumstances, a divorce attorney will charge an hourly fee of $200-$500.