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.
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.
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.
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.
Being arrested and charged with a crime could be a life changing occurrence. Those that are charged with a crime could be facing significant financial penalties, losses of certain rights, and even imprisonment. Since being charged with a crime is so serious, those that live in the Toronto area should definitely consider hiring a criminal lawyer. A criminal lawyer will be able to provide you with a number of different services, which could prove to be very beneficial.
The first service that a criminal lawyer will be able to provide you is consultation. A criminal lawyer will be able to review your case to determine what exactly you are being charged with, what the potential penalty could be, and what the likelihood will be as to whether or not you will be found guilty. The lawyer will then be able to articulate their findings to you, which will allow you to better understand your case. Based on the information you receive, you will be able to make a better decision as to whether you will want to plead guilty or innocent.
The second service that the criminal lawyer will be able to help you with is the negotiations phase of the trial process. Prior to any trial starting, you will have the opportunity to negotiate your case with the plaintiffs and prosecutors. In many cases, this part of the process will involve negotiating for a lower penalty, which will come with a lesser punishment. In this case, you will also be able to negotiate your actual punishment, which can provide you with more control over your ultimate fate.
If you decide to take the case to the trial court, the criminal lawyer will be able to provide you with a wide range of different services. This part of the process will involve researching the case more in depth, finding and presenting evidence, and building a case. During the trial process, the lawyer will also be able to present your case in front the court, handle any deliberations, and see the case through the end. If the result is not what you were hoping for, then the attorney could also help you by appealing the judgment.