What is Arbitration?
Arbitration is the process that is sometimes used to settle disputes, without having to wait for a court ruling. Arbitration can be performed by people or companies, or even a person and a company. It is a process that is often used when the two parties are eager to resolve the dispute amicably but are not able to simply come to an agreement through talking to a mediator.
Arbitration is a common tool used in the event of personal injury, since most injured parties do not want the stress of a full court case – but an arbitrator can help to ensure that the injured party gets fair treatment, and both parties save the cost, time and hassle of having to present their evidence in court.
When is Arbitration Used?
It is sometimes used for other civil and corporate disputes, and it can be beneficial because cases that are seen through arbitration don’t usually attract the kind of attention from the media that a full court case would. There is an incentive for the party that the claim is against to work fairly towards a settlement.
Contact an Arbitration Lawyer
If you have suffered an injury or feel that you have been unfairly treated by a company, and want to go to arbitration, then you should seek advice immediately and document everything that has happened. Be careful about engaging in discussions with the party you are claiming against until you have had advice, because they may try to get you to agree to a settlement that is lower than what you would be entitled to. Remember that you do have rights and that the legal system exists in order to protect your interests, especially in situations where your health or safety was put at risk. Use arbitration if needed, to get what you are entitled to.
The Miami Injury Lawyers are skilled in the art of arbitration and negotiation. Contact our office to schedule a free consultation.
What You Should Do After A Car Accident
Every year, there are millions of car accidents and this is why you need to know what you should do if you are involved in one. There are a number of steps that you have to take to ensure that everything goes smoothly after the accident. These steps will also ensure that you are able to claim against your insurance correctly or file a lawsuit if needed.
Stop And Protect
The first step is to stop after an accident. You should never drive away from the scene of the accident. If you are unable to stop immediately, you need to stop as soon as you possibly can.
After stopping, you need to protect the scene. You can prevent any further accidents occurring by setting up flares or hazard markers to warn oncoming traffic. If it is dark and your vehicle’s lights are not working, you should use a flashlight for safety and you need to wait in your car for the emergency services.
Call The Police
After stopping, you need to call the police and if anyone is injured an ambulance. You need to call the police even when there are no injuries to ensure that there is a police report of the accident. This can help you claim against your insurance. The vehicles which are involved in the accident should be left where they are unless they are causing problems with the traffic.
Make An Accurate Record
Once the police arrive, you need to ensure that the investigating officer is told exactly what happened. You should not speculate if you are unsure and only state the actual facts of the case. If you are asked whether you are injured and are not sure, you should state this instead of saying that you are not. Pain from accident injuries generally become apparent hours after the actual accident.
Contact a Car Accident Attorney
The Miami Injury Lawyers are we versed in Florida car accident law. Contact an experienced car accident lawyer today to see if you are entitled to compensation.
What Is Mesothelioma And What Type Of Prognosis Should You Expect?
Most people think of mesothelioma as a type of lung cancer, but it can also start in or spread to the heart and the abdomen. Some people incorrectly associate mesothelioma with smokers, but is caused by asbestos exposure. While mesothelioma has been widely talked about in recent years, the fact remains that it is a rare form of cancer. If diagnosed, however, the prognosis is not good.
One of the reasons that the prognosis is so grim is that there is currently no cure for mesothelioma. Another reason is due to the fact that this rare cancer is very aggressive. After the diagnosis, there are three major factors that determine individual prognosis or life expectancy. What stage the cancer is in overall is certainly one of the main factors that are considered. The number of tumors present as well as their size and location is also important. Cell type is the third factor.
Is Mesothelioma Fatal?
If you or a loved one has recently been diagnosed with this rare form of cancer, you need to be aware of the life expectancy. On average, life expectancy for mesothelioma patients is anywhere between 12 and 21 months. Less than half of all people diagnosed with this disease make it past that year mark; however, there are those patients, approximately 9 percent of them in fact, who make it to 5 years.
One of the other difficult aspects of a mesothelioma diagnosis is that it usually occurs once the cancer is in a later stage. Symptoms aren’t typically detected until then, and so this affects both treatment and prognosis. It should be understood that there are different types of malignant mesothelioma, peritoneal and pleural. Treatment options have improved over the years, and it is the hope of everyone that there will one day be a cure for this rare and deadly form of cancer.
Contact a Mesothelioma Attorney Today
Mesothelioma is a form of personal injury. If you or a loved one has been diagnosed with mesothelioma, you should contact an experienced attorney right away. The Miami Injury Lawyers have handled dozens of these types of cases and are right for the job.
Settlement Vs. Verdict
Legal cases can end up throwing many terms in your direction.
Two terms that tend to get confused with each other are settlement and verdict. It’s important to realize what the difference is between these two and what they stand for.
A settlement is an agreement between the two parties on meeting halfway.
In most cases, one party is going to assume it doesn’t have a strong case and will push for a settlement. This will end the case and ensure there isn’t an official verdict on the matter in court. This is a good way to stop things from going on record.
The settlement is based on what both parties deem to be fair and has to be signed off by both.
If it isn’t signed, the court will move forward with its proceedings and aim for a verdict.
Let’s assume a settlement isn’t an option and the court has to carry on.
This is when a verdict is an option and often the only one.
A verdict is a final declaration or decision made by the judge/jury. It is based on the facts in the court of law and what the judge deems to be a fair outcome. This verdict determines what happens to the defendant along with what is said in the official records.
All verdicts are officially recorded and have to be submitted by the court’s officials.
This is the difference between these terms, and it’s important to recognize what each one has to offer. For some, a settlement might be the right way to go while others would prefer to have a final verdict on the matter.
This is dependent on the case, its facts, and how things are trending in the courtroom. Both parties may feel a verdict is the way to go.
The Different Ways To Pay A Lawyer
If you’ve never hired a lawyer before, you may have questions regarding payment. Most attorneys ask to be paid in one of three ways. Read on to learn more about the most common payment options:
Contingency: Many lawyers are willing to work on contingency. This means that the attorney will only be paid if their client wins their case. Most lawyers will only take on these types of cases if the client is likely to receive a settlement. Some lawyers may ask for a percentage of the settlement rather a flat fee.
Paying By The Hour: A number of lawyers bill by the hour. If a lawyer charges an hourly rate, you will be billed for each hour of time that an attorney spends working on your case. This is the most common payment method for attorneys.
Many lawyers that charge an hourly rate will also ask clients for a retainer. A retainer is essentially a down payment on a lawyer’s services. In most cases, any unused portion of the retainer will be non-refundable.
Paying A Flat Fee: Some lawyers will be willing to quote their client a flat fee. The client will only have to pay a single, onetime charge. They won’t receive any additional bills from the lawyer.
Attorneys are usually only willing to charge flat fees for certain types of jobs. For example, it’s not unusual for lawyers to charge a flat fee if they are preparing a will or reading over a contract for a client.
There are many different ways to pay a lawyer. If you are meeting with an attorney, you should ask them what they charge and how they would like to be paid. You should have a clear picture of what your legal expenses will be.
The Miami Injury Lawyers work on a contingency basis and offer free consultations to potential clients. Contact our office today with your story. We want to help you get the maximum compensation possible.
Choosing The Right Personal Injury Lawyer
Personal injury cases are problematic because you have to go with proper legal representation. If not, you are not going to win!
This is why it is time to take a glance at what you need as you start looking for the right personal injury lawyer for your legal needs.
1) Assess Credentials: You need to take a look at their credentials to see whether or not they are the real deal. Going with those who aren’t the real deal isn’t an option and should be the last thing on your mind. Only go with those who have appropriate expertise on the matter.
2) Find Specialized Lawyer Only: Some lawyers tend to work in a variety of specializations, and that can be a risk. You want to go with someone that only does personal injury cases because he/she will know what to do the right way and isn’t going to cut corners.
3) Meet In Person: Always ask to meet them in person before you sign off on anything. You want to go with someone who is courteous, compassionate, and knows what to do. This is only going to be determined when you meet him/her in person to sit down and talk.
4) Understand Needs: Too many people end up going with lawyers who aren’t understanding their needs and that can be an issue. However, an additional problem has to do with you not realizing what has to be done and what you are paying for. Always keep this in mind!
Take the time to sit down and see what you are hoping to receive from the services of a personal injury lawyer before looking around.
These are the tips for choosing the right personal injury lawyer and winning in the court of law with proper legal representation.
The Miami Injury Lawyers
If you are looking for a personal injury lawyer, look no further. The Miami Injury Lawyers are prepared to handle any case that comes at them. Contact us today for a free consultation.
The Most Common Workplace Injuries
Workplace injuries are more common than you might imagine. There are certain workplace injuries that are more common than others. It is important to know what these injuries are and how they can occur.
The most common of all workplace injuries is overexertion injuries. These are injuries that are related to pushing, carrying, lifting, pulling and throwing activities at work. These injuries are not only the most common, they are also the most expensive. There are a number of steps that can be taken to prevent these injuries such as correct practices for moving products in the workplace and breaks to prevent repetitive strain injuries.
Slipping And Tripping Injuries
The second most common workplace injury are those related to slipping and tripping. These injuries are generally caused by employees falling on wet floors or tripping over something that has been left lying around. To prevent these injuries, safety protocols need to be adhered to and employee awareness should also be emphasized. Ensuring that the workplace is clean will also decrease the chances of these injuries.
Reaction injuries are caused when someone slips or tips but does not actually fall. These situations will generally cause trauma to the muscles and other medical issues. The problem with these injuries is that they are hard to prevent as no falls actually take place. Employees can also have reaction injuries from tripping over something that is not actually there. The best way to try and prevent these injuries is to ensure that your employees pay attention to their environment.
Falling Object Injuries
Objects falling from shelves or dropped by other people can cause serious injuries and are one of the most common causes of workplace injuries. The most common result of falling objects is head injuries. The only way to prevent these injuries is to ensure that proper protective gear is worn and that the work environment is free from hazards.
Contact a Workplace Injury Attorney
If you are a resident of Flordia and have been injured in a workplace accident, you may be entitled to compensation. Contact The Miami Injury Lawyers for a free consultation today!
Can Personal Injury Cases Be Retried And If So For What Reasons?
Most personal injury cases settle out of court, but there are definitely those that end up going to trial. When these cases do go to trial, litigants aren’t always happy with the outcome. For that matter, defendants aren’t always happy with the outcome either. Appeals can be filed, but they are certainly expensive. Mistrials can occur, too, and retrials can happen as well.
Let’s say that a plaintiff sues, is offered a settlement but goes to trial. Let’s say that the plaintiff is awarded a substantial amount upon a verdict being rendered, but the defendant files an appeal. This is not common, but it does happen. Let’s take the situation a step further and say the appellate court overturns the verdict, meaning a settlement is no longer due to the plaintiff.
In that case, there can be a retrial; however, let’s look at another reason why there most likely wouldn’t be one. Not only do most personal injury cases never make it to trial, but both parties face the possibility of losing more if an appeal is pursued by the defendant. What does that mean? It means that even if the litigant wishes to pursue an appeal, a smaller settlement is usually offered instead. This would stop the appeals process, close the case and of course prevent a possible retrial post appeal.
If a mistrial were to occur, a retrial would be necessary of course, yet it could be by that time that both parties reach a settlement, out of frustration if nothing else. Mistrials are also rare, and again, it is rare for a personal injury case to be taken to trial in the first place. If your case does go to trial, you don’t want Mr. Flashy Pants who makes a living from procuring settlements for his clients ahead of a possible trial. You want an experienced attorney who has spent quite a lot of time in the courtroom in front of a judge and jury.
Key Characteristics Of A Good Attorney
Choosing a reasonable attorney is going to take time when it involves personal injury cases.
You want to pay attention to your options, but also know what characteristics matter in the long-run. Here are some of the key attributes of an excellent personal injury attorney.
1) Experienced: Their experience is going to matter a lot when you are figuring out who to go with and the value they will bring into your life.
The wrong attorney is someone who doesn’t have experience or the requisite knowledge to help you out in the long-term.
2) Passionate: Always go with a person that is passionate because it is the only way you are going to see real results in the long-term. Otherwise, you are not going to be happy with how things are going or the results you are seeing in general.
3) Courteous: When you meet with the attorney in person, take the time to see how he/she behaves with you as a client. You want to go with someone that is compassionate and ready to listen to what you have to say. No one should go with an attorney that is rough or not willing to listen.
4) Organized: You should never go with an attorney that is rushed or doesn’t look like he/she is organized. This is when you are going to run the risk of hiring someone who is below par or won’t take your needs seriously.
These are the things you have to wish for when it comes to a personal injury attorney. If you are not thinking about these details and assuming you are going to find someone professional without trying, then the results will be average at best. You need to take the time to look for these details in a personal injury attorney.
Should A Personal Injury Lawyer Be Paid Up Front Or Is That Taboo?
If you have to pay your personal injury lawyer upfront, something is wrong. There is absolutely no reason for you to need to do that. If there is a personal injury attorney out there who asks for money ahead of a settlement or verdict, his or her head is in the clouds. Personal injury attorneys work on a contingency basis. That norm combined with the vast number of choices for lawyers means that you should never have to worry about paying for legal representation upfront.
Show me a personal injury lawyer who demands to be paid upfront, and I will show you one broke attorney. Victims of personal injury cases are often saddled with huge unpaid medical bills, and many of them are out of work. They have no means to defend themselves except through the legal system, and they need help in order to get the proper compensation. Have you found yourself in this type of situation?
The fee that personal injury attorneys charge is taken out of the settlement amount or the amount awarded upon judge or jury rendering a verdict. Lawyers and their legal teams can take on huge caseloads, especially because of the way the attorneys’ fees are handled in personal injury cases. Therefore, it behooves you to reach out to a lawyer that can give your case the personal attention it deserves.
Just because an attorney works a case on a contingency basis doesn’t mean that his or her fee won’t be extremely high. You are taking your case to court to get a bigger settlement, and you need to know that you aren’t just going to line the pockets of your attorney. You need money to pay your bills and move forward, and that means you need an attorney that is going to get to work.