Proving Negligence in Your Car Accident

Serious car accidents happen every year, and they result in severe injuries, life-threatening medical states and even death. Sadly, many people who deserve compensation for their injuries or a wrongful loss of a loved one never receive these damages.

This is often because they don’t understand that they deserve compensation in the first place. But if you look at the results from a serious accident that causes severe injuries or death, the consequential results are staggering. Many people who end up in accidents like these have life-threatening injuries that stop them from living a normal, happy life. They may end up being unable to walk or needing a limb amputated. They might also end up without feeling in their extremities because of a spinal cord injury. Furthermore, this takes away these individuals’ ability to work and earn money.

All of these terrible situations can be at least slightly bettered by receiving compensation from the party who was at fault for the accident. But in order to receive this compensation, you not only need to talk with a personal injury lawyer at a personal injury law firm, but you also need to prove negligence.

Acting Quickly After the Accident

In order to prove negligence in the other party who was at fault for the car accident that were in, you must act quickly after the accident. Naturally, you’ll need to take care of your own health and the safety and health of others on the scene directly after the accident.

Calling for medical services right away after an accident should be your first action. But as soon as you can, call a personal injury lawyer or have a loved one call one. This legal representative will be able to tell you or your loved one what they need to collect from the scene to help prove negligence in your accident. That’s because proving negligence is how you prove someone was at fault for a serious car accident.

Proving Negligence in the At-Fault Party

Parties to at fault for serious cardiac events are often driving negligently and carelessly. Reckless driving may also warrant a form of negligence. In order to proceed with your claim, you’ll need to have eyewitness accounts from the accident and photographs if possible. Medical experts may be called in as well to look over your injuries plus photographs and medical records of your injuries.

Your lawyer will help you organize all of these pieces of evidence to form a personal injury claim that can get you the damages or settlement you deserve. Call a personal injury law firm in your area today to get more information on the claim process and to see what information they’ll need from you. You may be interested in the Preszler Law website if you would like more information.

How You Can Deal With Online Copyright Infringment

Copyright infringement is a common thing in business, especially for those who operate online. The most common form of copyright infringements happening on the internet is content duplication. This is followed by duplicating and reselling digital products. Before you call a franchise lawyer, there are some actions you can take to deal with a copyright infringement suspect.

Collect information

The first step you should take is to collect data from the infringing company. The information should include the name of the company, its hosting service provider, and the payment details. You can visit the infringer’s website to see if there are any contact details you can use to reach them. You can also take the website’s URL and run a search to check it’s Whois information. The results should bring the infringer’s name, address, country, phone number, time zone, domain books and IP address. This information will help you to establish a course of action in order to protect your trademark Canada.

Find the hosting company linked to the infringer’s website

There are a lot of websites out there that allow you to find the infringer’s hosting company. You might not be able to see the full details of the company if it is using a Content Delivery Network. In this case, you will only get the IP address and the CDN’s name. However, you can always request the CDN to give you the details of the company.

Find the details of the payment gateways

Get to know the payment processor the infringer is using to sell his products and services. Note down the contact details used on their website. The Canadian business law requires payment companies to provide their details to the relevant government agencies in case of a dispute. You can make a formal request to such agencies so that they can allow you to see the details of the company. You can also get the information of the fringing company by purchasing one of its products. This will take you to the infringer’s payment gateway platform, from where you can get their contacts.

Send an infringement notice

You must send an email to the infringer’s website telling them to cease and desist from violating your Canadian franchise copyright. If the infringement is serious, you can tell the company to immediately shut down its online services within 24 hours. In case the infringer refuses to respond after a given timeline, contact Google, Yahoo or Bing, especially if the website uses one of their services. Another option is to contact the hosting company and ask them to suspend the infringer immediately. You can also contact ISP services providers, payment processors and the advertising agencies used by the website. If all these fail, consider taking a legal action. The resources at Hoffer Adler are helpful and can provide you with more information.

How to Make a Weak Personal Injury Case Stronger

There may be several times over the course of an average person’s life when they are negatively impacted by the actions of another person or entity, and if you have been negatively impacted recently, you may be thinking about turning to a personal injury lawyer for help with your case. Through a personal injury case, you can seek financial compensation from the other party. A personal injury lawyer will be able to tell you during an initial consultation if your case is strong enough to pursue. You can learn more about what a jury may look for in your case by consulting with your attorney.

The Burden of Proof in a Personal Injury Case
In a criminal case, the accused is innocent until proven guilty, and this is no different in a civil lawsuit. With a personal injury claim, the burden of proof is on the injured party. More specifically, the injured party needs to prove that they were injured or harmed in some way and that there was a tangible financial impact on them as a result. Typically, the injured party needs to prove this in a number of ways, such as by providing medical records or testimony of the police officers who responded to the incident.

Making Your Case Stronger
In many cases, a personal injury lawyer will jump at the chance to represent you, but there may be instances when you cannot find a lawyer who will take your case because it is weak. In other instances, a lawyer may take your case with the suggestion that you take steps to strengthen in. Several recommendations may be provided to make the case stronger. For example, the suggestion may be made to find eyewitnesses who are willing to testify, to take photographs or video of the scene of the accident to prove certain circumstances surrounding the event, to provide proof of work missed and more. Keep in mind that you must first prove that the event happened, and then you must prove that it impacted you in a financial way. The stronger your case is, the more likely you are to benefit from a solid financial return from the case.

The first step to take if you have a personal injury claim is to consult with an attorney. Your personal injury attorney will be able to tell you how strong your case is and how to make it even stronger. The more evidence and documentation you can provide, the stronger your case is and the more likely you will be to win a huge cash settlement. Work with your personal injury attorney and follow all recommendations for the best overall results. If you want to learn more, Preszler Law Firm is a helpful blog with lots of information and resources.

Were You Terrified Your Child Had West Nile or Zika Because of Negligence? What to Do

Does your child have a bug bite infection that you feel could have been avoided if the person that was responsible for watching them would have been more attentive? Do you have medical bills because you had to seek immediate treatment for the bite, to make sure the child didn’t have Zika Virus or West Nile? You want to meet with a personal injury lawyer to start forming your claim, and so you don’t have to deal with the medical bills that you’ll have from the incident.

Not only are there medical bills, but your child was put through tests and scared because of what happened, and as a parent you also were stressed and suffered. Here are a few things you’ll be able to use in the case.

Medical Bills

If you had emergency medical transportation because of the bite, or you had to seek emergency medical treatment, these are bills that will be higher than going to a regular doctor’s appointment in the office. If your child was rushed to get labs and bloodwork, they had to undergo a series of tests to see if they had any virus in their body, and they were put on medications, you will have a great deal of medical bills from the incident. You don’t want to pay for these bills, and your lawyer will make sure your settlement does more than cover the financial aspect of the problem.

Mental Anguish

Not only were you terrified as a parent that your child had a life-threatening infection because of the bug bite, but your child also felt the fear. Your child was probably quarantined away from other people, making them feel different, alone, and like they were going to possibly die. You shouldn’t have had to go through all that strife because someone neglected to prevent a bug bite on your child.

Obvious Neglect

With the local bug bite concerns your child should have been dressed in long sleeves and pants to prevent bites, and they should have been sprayed with a bug repellant. If none of these things happened because the caretaker was too busy or because they forgot, they are responsible for all of this happening to you and your child.

If your child was in the care of another person while they were outdoors, and the person was negligent to protect your child from bugs, you want to take action. If you feared your child had Zika or West Nile and they had to suffer through medical testing and being quarantined, you want to take legal action. If you would like more information, Futerman Partners LLP has additional resources available.

The Stages of Personal Injury Claims

Those moments right after you have been injured during an accident or slip and fall incident that way, by no means, your fault tend to be some of the most confusing and stressful for the average individual. Most don’t know how to handle such an occurrence and tend to fall into disrepair mentally. First, and the most important step, is to care for yourself and keep track of your health. That is the single most important thing you can do following a personal injury. After that, though, you should begin thinking about a claim for your injuries. Medical costs these days are exorbitant, and receiving a damages award could make things much easier. This is where personal injury lawyers come in.

First Steps

You’ve been injured in an incident that was not your fault. This usually happens while at work with dangerous machinery, walking through a shopping mall, or perhaps due medical malpractice. These are some of the most common incidents. As mentioned previously, you should keep track of your health, first and foremost. Next, however, you need to take a few steps to ensure your claim is headed in the correct direction.

  • Collect any evidence you can regarding the accident, the damage caused, and obtain any photographs you can find of the incident in question.
  • Write down everything that has happened after the accident. This will include all medical bills, hospital visits, and the wages you have lost due to being unable to work.
  • Obtain all the names and contact information of anyone who witnessed the accident.
  • Take notes of any conversation you have with witnesses.
  • Tell those at fault that you intend to file a suit for your injuries and damages.

Meeting An Attorney

Your next step should be to meet with a personal injury attorney as soon as possible. Learn what will happen when you meet with said attorney, including any information they may wish to know. All of the documents obtained during your first steps after the accident should be organized and ready to be shown to the lawyer. This will help them do their job in the most effective manner.

Your attorney can explain every single step that will occur within the litigation. This will include Complaints, Answers, and any motions involved with the beginning of the lawsuit.

Next, your lawyer may want to explore exactly what happened with their own team of trained investigators. Any information they turn up can help or hinder your case, depending on their findings.

A personal injury lawyer is one of the most beneficial investments you can make following a personal injury. Most won’t charge unless you win, so there really is nothing to lose.

Going Through A Divorce? Here’s 5 Things To Keep In Mind

divorce

A divorce is a long, involved and often painful process. While a good family lawyer Toronto can assist greatly in this process, there is just no avoiding the pain that comes with the dissolution of such a key and important relationship. If you are in the process of getting a divorce, here are 5 key things to keep in mind.

1) Know the difference between a family lawyer and a divorce lawyer

When two people decide to get a divorce, it becomes infinitely more complicated when there are children involved. For that reason, there are attorneys who specialize in family law that can help you navigate the complexities of visitation rights, child support, trusts, inheritances and other legal and financial matters involving children and even grown offspring. Even if you do not have children, but your spouse does, it may still be a good idea to work with a family lawyer rather than a divorce lawyer.

2) Divorces are often two steps forward, one step back

Divorces are rarely a straight shot from start to finish. Many divorces involve long pauses and hiatuses where divorce proceedings can be put on a shelf indefinitely. This is not a bad thing. Sometimes when couples start to see the realities of the complications of divorce they decide it’s actually less effort to work out their problems than get a divorce. Other times, couples think working out their issues is the better solution only to discover their differences really are irreconcilable and divorce really is the only solution. Don’t be afraid to take the time you need to make sure that when and if you do have a final divorce, it really is the right and best thing for you.

3) Let your attorney do his job

Divorces are, by nature, highly emotional proceedings. That’s what you have an attorney for. Let them do their job and set yourself free to start the process of healing.

4) As much as possible, keep your children out of the process

Remember that you chose your spouse, your children didn’t. Do your best to shoulder the pain of dissolving your relationship with your spouse on your own. Get a therapist, build a close network of friends or talk to other adult family members, but as much as possible, do not “unload” on your children.

5) Give yourself the freedom and space to grieve

A divorce is essentially the death of a relationship and as with other forms of death, it is quite natural to grieve. It would be inhuman, in fact, to not grieve. Give yourself the time, space and grace to do that. Don’t allow even the most well-meaning of people to pressure you into “getting back up on the horse” until you are good and ready.

There is no way around the fact that getting a divorce is painful, but there are certainly more healthy and less healthy ways of going through it. Having a good divorce or family lawyer by your side can definitely help ease at least a portion of that pain.

Debt Collection and Commercial Litigation Lawyers: The True Workers

Commercial Litigation
Statistics show that most debt collectors will settle, but having an advocate at the table will ensure that a fair settlement is reached. This is where a debt collection lawyer is essential to success for both sides. The same can be said for commercial litigation lawyers. While these attorneys fight for the rights and an outcome that suffices for all parties involved, the work they put forth is not always seen, much less recognized.

Yes, they are being paid by either a company or an individual to comes to shared terms, but they are also putting forth full effort in doing so. They are filing the paperwork, making the phone calls, and deciphering the path of least resistance.

Debt Collection Lawyers
These professionals are not the enemy. They work tirelessly to retain their clients’ debt through the best means for everyone party involved. The debt collection lawyer not only takes on the responsibility to garner their clients’ owed money, but they are also responsible for urging the debtor to come to a compromise. Settlements are rarely clean cut and straight forward. The economy has heightened the load on their backs. Whether working for an individual to consolidate years of debt and quiet their phones or representing a company to regenerate income, it is the lawyer’s responsibility. It is on their shoulders to do their best and fairest for all.

Commercial Litigation Lawyers
Commercial litigation lawyers not only deal with individuals that owe a company debt but they also deal with business disputes about money. Settlements are always the preferred outcome and lawyers make every attempt. It is their responsibility to handle both sides in reaching that compromise. These professionals handle real estate issues,breaches of contract,employment disputes, etc.  Visit plus120days.com for more information.

Going at it Alone
Why would you wish to? The mere paperwork involved is enough to drive a person mad. Then the constant phone calls, threats, and frustrations. Whether debtor or debtee, there is no reason to face litigation alone. These men and women were trained to assist people and retain their sanity.

While both debt collection lawyers and commercial litigation lawyers are meant to take care of ‘business’, but they are also there to relieve the stress, energy, and money leakage from their clients by taking it upon themselves. The word lawyer is often used negatively, however, they are the who takes on the over-sized load of litigation and settlements. They are who must sleep at night knowing they put forth the effort they were paid to put forth.

How To Prepare For A Medical Malpractice Lawsuit

Medical Malpractice Lawsuit

According to the American Medical Association, 42% of doctors or physicians have faced a medical malpractice lawsuit in the course of their careers. Doctors are held to a very high degree of standard in their practice. Many cases of medical malpractice involve a serious or crippling injury or death. This means that juror sympathy in these lawsuits is high. Medical malpractice experts who defend these cases are often faced with a myriad of challenges. In light of this, they need to be well prepared and here are some key pointers.

Prepare for any Eventuality

Statistics reveal that many of the medical malpractice cases are settled out of court. Despite this, one of the keys to defending such cases is to assume that the case will be tried in court. This way the defense team will not be caught unaware or blindsided when the case goes to trial. Preparation to go to trial should commence once a petition is sent by the insurance company. If a lawsuit has been filled against you, you want to enlist the services of an attorney who has trial experience.

Early case Investigation

Many of the medical malpractice cases can go on for up to 5 years. However, if the defense team does its work properly, then this time frame can be shortened. It is very unsettling for a doctor to practice effectively with a case over his head. The positive is that studies has shown a direct correlation with care quality and odds of a settlement being dropped. Doctors who provide consistently good care will win more cases. Early case investigation can go a long way in reducing this time frame. Some medical malpractice lawsuits are filed a few months after the incident happened. In such cases, the defense team will rely heavily on treatment notes and medical records. This is because the doctor may not remember much. It is very important for a defense team to engage the services of medical malpractice experts. These professionals will provide insight in the case and this can be very instrumental during trial. Early case investigation should come up with a complete medical chronology of the case, preliminary literature research and medical records. The defense team can use a nurse paralegal to get this information.

Medical Expert Witness

The medical expert witness testimony helps to add credibility to the case. The defense team must therefore pick an expert who is above board. If the case goes to trial, the expert’s qualifications and history may come up. The defense team will have to look into the expert’s record and ascertain that he does not have any biases. To prepare the expert witness, the defense lawyer should cross examine the witness so that he or she is well prepared in court. The defense team must be well prepared for any contingencies and they should try to mitigate such risks before the trial proceedings begin.

What to Expect After Being Arrested for Impaired Driving

Criminal Lawyer - Impaired Driving

Any encounter with law enforcement has the potential to deprive you of your liberty; this is particularly so if your encounter doesn’t end with a mere citation or warning but you instead find yourself arrested for impaired driving and wondering whether you need to hire a criminal lawyer to advocate for your interests. For the majority of first-time offenders you are likely to expect a release from detention under one of the following conditions: promise to appear, recognizance, or with condition (e.g.: you must stay in a particular city, you may have to surrender your passport, or report periodically to authorities). In a few circumstances you may not be released under one of the preceding conditions and the courts hold what is called a bail hearing to determine whether you may be released or held in detention until the case has been completed.

The stakes are high at a bail hearing because you run the risk of detention until your charge is resolved. This hearing must be held within 24 hours of your arrest, but because of what is at stake thorough preparation is necessary and may result in you choosing an adjournment so that you or your criminal lawyer if you hire one, can fully prepare the best arguments for the court (Learn more here). An adjournment can’t exceed three days, so even though you will still remain in custody you could have a better chance of a positive outcome at the hearing.

Why You May be Denied Release

There are multiple reasons the court will decline release and require the accused to remain in custody for the duration and the court will exercise this option if it is determined that detention is necessary to ensure the accused appearance in court, if detention is necessary to protect the public, or to maintain confidence in the judicial system.

Generally the Crown has the burden of showing cause to hold an accused for the duration of the proceedings, but in rare circumstances this burden is shifted and the accused must show reason for release instead. This may happen when the accused has been re-arrested while on release from another pending charge, if the accused doesn’t ordinarily reside in Canada, if the charge is for failure to comply with prior court order, or for certain drug trafficking and possession charges.

Should you find yourself facing a bail hearing it’s important to keep in mind that you have a right to reasonable bail in an amount within the financial capability of either you or your surety. Learn more in how to prepare for a bail hearing here. In any instance, a good criminal lawyer can be the difference between negotiating release and remaining in detention until your case is fully resolved.

Why You Should Get A Personal Injury Lawyer ASAP

Personal Injury Law
If you happen to be hurt at work, on the road, or elsewhere, you must be prepared for interactions with insurance providers. Almost every defendant that you might sue will have an insurance company backing them. That company will pay for the legal fees of the defendant. The company will pay, as well, for any judgment that you might win, as long as the judgment does not exceed the amount of coverage the defendant has. With this in mind, insurance companies will play a major role in the process, even pushing for a settlement before you are ready in some cases. Getting a personal injury lawyer on your side early will help you understand the process.

Personal injury lawyers and knowing the value of your case

One of the things that personal injury attorneys can help with is showing you just how much money your case is actually worth. What happens if you are injured because a large Canadian company was negligent in creating a product or in not warning the public of some known danger? Are you looking at a million dollar payout? Do you have a hundred thousand dollar claim? If you’ve never been hurt, and you’ve never made it through law training, then you likely have no idea how much the claim is worth. Insurance companies know this about you. Defendants will often try to low-ball you, throwing out a number that seems large, but is actually well below what you should receive. Good disability lawyers know how to evaluate cases. They can give you a good sense of how much you might win if you can convince a jury to side with you.

Generating public and media attention to improve your settlement

You see it across Canada and the United States as well. When people are injured by police negligence, by a company, or in some other way, there is an effort to create media buzz and public awareness. Good lawyers can craft a media plan that can help to give you the biggest possible payout. There are times when having the public and media on your side will make the defendant pay a bit more. It should be your job to do whatever you can to enhance your prospects in this way. Good personal injury lawyers have the connections necessary to generate positive attention for your case. An added benefit is that your story will help to hold a dangerous defendant publicly responsible. Though it is important to know that there are limitations to this strategy and media attention should be used on a case by case basis.

Ultimately personal injury lawyers can play a critical role in helping you. Whether you’ve been the victim of general negligence, you’ve been hurt in an auto accident, or you’ve been disabled at work, a solid lawyer will fight insurance companies and generate media attention to move your case forward in a productive way.