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June 2021

Lawyer

The First Steps to Take in a Medical Malpractice Case in New York

When we are sick, we trust that our doctors, hospitals, and other healthcare workers will help us get better. We don’t expect a doctor, nurse, or any healthcare professional will commit a wrongdoing or act negligently leading to injuries or death. Sadly, cases of medical negligence in New York cause traumatic injuries or death in patients who placed their trust in a doctor, hospital, or healthcare provider.

Yes, you know that your medical provider committed malpractice, but what do you do? Medical malpractice cases and claims are the most difficult to file and argue in court, therefore, never do it on your own. Below are the first steps to take in a medical malpractice case.

  1.   Hire a Medical Malpractice Lawyer

If you believe that your injuries were due to medical negligence, contact a competent law firm like Powers & Santola LLP for legal advice. Trying to file and argue the case by yourself will only be counterproductive.

For instance, the attorney will help you file a case before the statute of limitations is up. Further, they know the right court processes and documents to present before a judge and counter the arguments of opposing lawyers in the case.

Having a lawyer on your side is your best bet of getting the rightful compensation for your injuries.

  1.   Get Your Medical Records

The medical records or documentation are a necessity in proving your case. The content in these documents can make or break your case. And remember, these documents are held under doctor-patient confidentiality. Therefore, you should obtain them yourself or sign a privacy waiver allowing the attorney to get the records for you.

The medical records give your lawyer an in-depth understanding of your case. It also allows them to seek a second opinion from a competent doctor. If the medical experts find out that the treatment you got did not meet the standard level of care, is a plus for your case.

  1.   Contact The Insurance Company

Your attorney should contact the hospital and the insurance company of your intent to file a lawsuit for medical negligence. And yes, the case can be settled at this stage without the need to file a formal suit in court.

However, you should be careful of early settlement proposals. In most cases, the amount is below the compensation amount you deserve. Now you see why you need an attorney; they’ll ensure you don’t accept an offer less than what you deserve.

  1.   File an Official Complaint

An official complaint is a document that cites all the allegations you’re bringing against a doctor or hospital for negligence. The complaint is what triggers a lawsuit to start shortly afterward.

And yes, this process is difficult unless you know when and how to file this complaint. A competent attorney will easily handle this case better than you. Remember, filing complaints is their job, they went to school and got trained to do this.

Filing an official complaint is a critical step in your quest for compensation. As earlier stated, it triggers the lawsuit process, and hence the need to ensure it is done correctly as it directly impacts your case.

Conclusion

The last thing anyone wishes for is to suffer injuries due to medical negligence. If this happens, then the patient deserves fair compensation for the pain and losses. All this is dependent on the strength of your case in court. 

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Law

3 Things to Know about Family Law Mediation

Mediators Must Qualify Before They Can Mediate

In many cases, mediators must be certified by the state and comply with state statutes to qualify to be able to successfully and ethically help two conflicted parties come to a resolution. Several family law mediators have legal or judicial backgrounds and understand the need to save money during the family court processes. Working with a mediator can be cheaper overall for some resolution than stretching out a case over two or three hotly debated items.

Mediation Recommended for Certain Dispute Types

Good lawyers know the difference between true things two parties can fight in court over and which ones make more sense to try and formally resolve another way—knowing which saves the litigants time and emotional stress. In addition, experienced family law litigators like Cordell and Cordell will have vetted and trusted mediators at their disposal that handle different types of conflict. Being able to call upon them quickly helps to divorce spouses get to the other side of the process faster.

Mediators are Paid Separately from the Law Firm

In many cases, the mediator is paid separately from the law firm. In other words, the divorcing parties will pay the mediator out of pocket in advance before having a mediation session. The mediator fees will be in addition to any fees already paid by the divorcing couple to get divorced. All family law lawyers like Cordell and Cordell lawyers can walk a divorcing party through this process. Prices can be hefty but are still cheaper than letting a family law case go to trial.

You Don’t Have to Talk to the Other Spouse

Mediation proceedings you see on TV are just one of many options for how mediations can be handled. For example, each party and their attorneys can be in separate rooms, with the mediator going back and forth between both closed-off rooms. This arrangement gives each of the litigants space to think, breathe, and regroup if emotions are running high. It also reduces the chances of the parties becoming triggered by the other’s involuntary facial expressions or tone of voice during a proceeding.

Both Parties are Expected to Give

Mediators can often come up with creative solutions the litigants or attorneys may not have previously seen or considered. Mediators expect both parties to come to the agreed-upon meeting location ready and willing to give and be open to flexible or alternative arrangements. Both parties should be motivated as a successful mediation could mean the final resolution of their case matters and a release from the prior stressors.

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Law

How to become a bankruptcy lawyer in Woodland Hills?

Bankruptcy simply means that a business or individual has inadequate income or resources to clear their debts. It is a legal process that is done in a specialized federal court.

Bankruptcy lawyers help in navigating through the complex process of ordering for bankruptcy. We will learn more on how you can qualify to be a bankruptcy lawyer Woodland Hills.

How to become a bankruptcy lawyer

To be a successful bankruptcy lawyer, you need to have both accounting and legal expertise. They will basically be in tax and criminal law. It is also important to understand standards and business practices.

Corporate finance, legal doctrines, business accounting practices, governing collection and ownership are a must have in this field. Additionally, it is important to have sensitivity and psychological skills as a bankruptcy lawyer.

Job outlook and salary

The salary varies depending on whether you are working for the public or private sector. The standard salary is $113,000. Private sector pays more than the public.

The most famous employers of bankruptcy lawyers include; credit card companies, legal departments of banks, public interest organizations and the government.

The decline in economy has increased the cases for bankruptcy lawyers.

How to choose the correct bankruptcy lawyer

Hiring a wrong lawyer can be the biggest mistake you can ever make for any bankruptcy cases. Here are a few factors to consider when hiring one;

  1. Experience

Hire a lawyer who has done his or her due diligence well. Ask them the kind of bankruptcy related cases they have ever handled before. Hire someone who specializes in all types of bankruptcies.

  1. Aptitude

It is in order to work with a refined lawyer. Hiring the services who has not handled as many cases or a recent graduate is not a good idea after all. Errors found in bankruptcy cases are quite costly hence the need to hire an experienced professional.

Do your research from trusted family, friends or former clients and they will give you recommendations.

  1. Legal fees

Cost factor is important before making any agreement with a bankruptcy lawyer. Get to know their different packages for various types of bankruptcy cases. Take your time and research about all the cost implication.

  1. Lawyer’s availability

Time is a factor that cannot be ignored as it is very crucial. Get to find out where the lawyer you have hired will perform the task him or herself. Ask how long it will take to receive emails or phone calls from them. If the responses do not satisfy you, you can opt of services from another bankruptcy lawyer.

Wrapping up

Declaring bankruptcy is not an easy decision to make. It is important to have a lawyer that shows empathy during that tough journey. If you are looking for a career choice, you might consider bankruptcy lawyer.

This is because it is a very competitive field and the job opportunities are quite high. You can choose to be hired or start your own law firm.

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Lawyer

This is how Brexit has changed civil disputes according to an arbitrator firm in Hungary

Brexit has sown a great deal of unpredictability between the EU and the UK, and this uncertainty only becomes more blatant in transnational litigation. Companies on both sides face difficulties when it comes to enforcing the judgements made in civil disputes, but according to an international arbitrator in Hungary, arbitration may just be the solution they should be looking for.

Read on to find out why!

An international law firm in Hungary points out the legal issues and uncertainties that Brexit brought

Before Brexit took place, and the United Kingdom was still part of the European Union, companies in Britain could enjoy the full range of the transparency offered by the EU’s well-established civil conflict resolution structure, whenever they had to resolve their legal issues with other companies overseas. Among other things, the EU’s legal framework covered the recognition of judgements made by EU member state courts.

However, this transparency and predictability is now non-existent.

After a long period of uncertain negotiations, both governments finally concluded an agreement in the form of the TCA (Trade and Cooperation Agreement). Thanks to this, the EU and the UK managed to avoid the difficulties that would have arisen from a “hard Brexit”.

Still, not all issues were resolved, as the TCA makes no mention about the legal reciprocity of civil disputes between European and British companies.  The agreement made by the EU and the UK still covers judicial cooperation in criminal matters but does not touch upon the issue of civil disputes.

The TCA alone is not enough of a solution according to an international firm in Hungary

There is now much less certainty concerning the mutual recognition of judgements made in transnational litigation. For example, a German company would not have any guarantees about being able to enforce a cross-border judgement made in the UK, and vice-versa. As such, even if a party manages to prevail through a civil dispute with another foreign company, victory would still be far from assured.

This is further complicated by the fact that UK courts are now unable to apply European Union law, except in specific circumstances that are either determined by the TCA, or allowed by dome other domestic legislation.

Why does an international law firm in Hungary suggest arbitration as a solution for civil disputes?

The good news is that despite all the uncertainty surrounding civil disputes, there is a way around for both European and British companies. Specifically, the validity of arbitration clauses still remains untouched by Brexit. This is because the enforcement of civil disputes resolved through arbitration is governed by an international treaty that exists outside of the scope of the EU, and such, its legitimacy is not diminished in the slightest by Brexit.

This means that thanks to professional arbitration attorneys provided by international law firms in countries like Hungary, companies in the UK and EU can still have access to a flexible and reliable method to resolve their legal disputes!

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Attorney

Signs You Need a Wrongful Death Attorney

It is devastating when a loved one dies from natural causes like illness or old age. However, it’s even more heartbreaking when they are killed due to the negligence of another person. Luckily, when a person dies of unnatural death, there is a cause that people follow. If you suspect that your loved one died because of another person’s actions, it could be a good idea to take the legal steps of hiring a wrongful death lawyer. However, you need to know situations that can prove wrongful death out of negligence of another party. This article will give you several situations when you require hiring the legal professional.

  1.     If your Loved One was a Victim of Homicide

Surprisingly, some homicide cases can be termed as wrongful death. It is possible for another person to be negligent deliberately, causing the death of another. So, if your loved one was a homicide victim, it might be time to get an attorney. This is important regardless of whether the defendant was convicted or not.

  1.     If They Died When Getting Medical Care

When being under the care of a doctor, there are many things that can happen, leading to death. It could be a misdiagnosis, surgery error, error in treatment or the doctor fails to diagnose a certain illness that leads to the death of your dear one. In this case, the doctor has been unable to reach the required level of care and has gone against their oath. At this point, you need to get yourself a wrongful death attorney. The expert will evaluate your case and inform you about the validity of your case.

  1.     If it was a Car Accident

Many people think that car accidents are inevitable. Even though this may be partly true, some of the accidents that happen are due to the recklessness of the drivers. So, if you have a victim who dies from a car accident, it might be time to hire a wrongful death expert. The driver could have been drunk, neglected the road sign or just reckless. So, get the specialist to acquire justice for your deceased loved one.

  1.     If their Death Happened at the Workplace

If your child, parent, partner or sibling was killed while at their place of work, you have a ground to get an attorney. Some professions like construction, factories and others are naturally dangerous. However, some people die in such places from negligence. So, you will require proof that the superintendent or manager was negligent in order to build your case. Their death could have been a result of faulty equipment, negligence of safety measures or other causes. So, get a lawyer to evaluate the situation first.

  1.     If Death was Due to a Pharmaceutical Error

If a company producing drugs does not inform the consumers about the various side effects after using the certain drugs, this can be a platform of wrongful death. Your loved one may have died after using a drug that did not describe the side effect and at this point, you need to hire a lawyer for your wrongful death case. The attorney will help in suing the company due to negligence and allow you and your family to recover from the incident.

Conclusion

If you suspect that the death of your loved one was a result of negligence, it is best you hire a  wrongful death lawyer. The expert will give you non-obligation and unbiased advice when you give them the details of the circumstances surrounding the death of your relative. The lawyer will evaluate the case to determine its validity and help you find justice. 

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