Injury News

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Archive for March, 2009

Medical Malpractice Yields Large Settlements

Wednesday, March 11th, 2009

Medical malpractice has yielded some large settlements over the past few years. Attorneys are getting better and better at getting huge settlements for their clients. For starters, the largest malpractice settlement for lasik surgery is $2.1 million. The doctor had sixteen lawsuits pending and continued to do surgery, and then made a 47-year-old man legally blind. Another large settlement happened when an undetected infection in a woman lead to her death. That resulted in $9.5 million in compensation.

There are hundreds of settlements each year between $1 million and $10 million a year. Each year there are quite a few verdicts over the $10 million mark as well. One firm had a $14.5 million settlement, a $40 million settlement, and a $30 million settlement in a span of 5 years. The $40 million settlement was the largest I could find. During a delivery, a doctor had failed to do a certain procedure to the baby and it resulted in extreme brain damage.

Medical Malpractice Results in 98,000 Deaths Per Year

Wednesday, March 11th, 2009

Every year, up to 98,000 deaths are caused by medical error. That is, 98,000 preventable deaths occur every year. If medical error were classified in the same category as diseases or viruses, causing 98,000 deaths would make it a national epidemic. It is unbelievable how many preventable deaths occur every year. This is why medical malpractice is becoming such a popular field of law. The doctors and healthcare professionals who make these deadly mistakes need to be held responsible.

However, medical malpractice attorneys may be shooting Americans in the foot when it comes to healthcare. Healthcare costs are continually rising. One reason for this is the rising costs of malpractice insurance that doctors have to pay for, and they pass this cost along to their patients. Obviously is a huge error has occurred, the practicing physician needs to help responsible, but some things are not preventable and people sue doctors anyway. This results in legal fees, higher insurance premiums, and eventually higher health care costs.

The Decision: Litigation or Arbitration?

Wednesday, March 11th, 2009

Before you make it to the courtroom or file the lawsuit, you have a choice. Either you can go through with litigation and argue your case in front of a judge or jury, or you can try an alternative dispute resolution, usually arbitration. Litigation can be costly and time consuming. Sometimes cases take months to hear in a courtroom. Also, attorneys have to spend hours upon hours gathering evidence in for a litigation case, which makes the attorney fees you have to pay skyrocket.

Arbitration, where each party gives consent and power to an arbitrator, who has power to create a binding decision, is usually quicker and less expensive than litigation. Each party meets, and it is up to the arbitrator to be fair and listen to both sides of the story. Once each party has agreed on an arbitrator, their case can be heard immediately. Also, the clients do not have to spend as much money on attorney fees since attorneys do not have to spend as much time gathering formal evidence. However, there are some drawbacks. In litigation, if the case doesn’t go your way, you can appeal it, whereas you may not have that option if you choose arbitration. Everyone’s case is unique, and certain cases require litigation, whereas others could use arbitration.

Where to Find Solid Legal Information

Wednesday, March 11th, 2009

Finding legal information and doing research at a library is not the easiest method, but it is the most accurate. Whereas looking up facts online is easy, it can sometimes can be misleading or provide inaccurate data. Only a trained legal professional can legitimately provide you with legal answers. However, do-it-yourself people can find some basic legal information if they spend a little time doing research. Legal information is out there, but more often than not it is information bias, or slanted in one way or another to try and sell something or promote a point of view.

Therefore legal information is out there, but you have to do some sifting. First, anything you find that is from a sponsored link from a search engine is generally not going to provide you with correct answers. Next, anything you find online in discussion boards or threads is usually unbiased, but gravely inaccurate. Anything you search for that encourages you to contact a lawyer from a specific firm is usually pretty biased as well. The most accurate sites most likely are government owned sites, or sites that are simply there to provide information. Anything that ends in .gov is usually a great resource.

Where to Get Legal Documents Prepared

Wednesday, March 11th, 2009

Legal documents can be expensive and take months to prepare, and many consumers have turned to websites like legalzoom.com to get documents prepared. But, you need to be cautious when dealing with a website like legalzoom.com, because in reality, they provide no legal advice and simply repackage forms (that are already available online for free). Then they charge you extra fees on top of the government filing fees. However, this may be the option that works best for some people. If you like to do things yourself and can research the legal system enough to understand the basics, you can use legalzoom or similar websites confidently.

If you are looking for legal advice, you should not turn to online businesses. You most likely need to speak with a lawyer face to face. Only with the knowledge of an experienced lawyer will you be able to completely fill out a trademark request or set up a will. Legalzoom does have a place, but it is not necessarily accurately portrayed in their advertisements. Sure, it probably is easier and faster than working with a real attorney, but you may not be completely satisfied and could be hurting yourself in the future if there is a problem in your document.

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Law Facts: What Do Lawyers Earn?

Wednesday, March 11th, 2009

Every so often a huge settlement comes across the news wire, reading something like “Man sues tobacco company, wins $400 million!” Of this ridiculous settlement, about how much do the lawyers take home? First, most lawyers make money from their time. They charge on an hourly basis, charging their client for consultation and for the time it takes to do research. In defense law, this is where most of the very wealthy lawyers make all of their money, since large firms will pay millions to have the best defense lawyers available.

Some lawyers, on the other hand, make money by working for a firm and winning cases. Usually, they do not receive an exact percent of the settlement, rather they are paid on a salary basis, and then they receive a bonus proportionate to how much money they brought into the firm. Lots of personal injury attorneys work this way, which is how they are able to provide a free consultation, since they know that the settlement will more then compensate them for their time. So when you read that a lawsuit was awarded in the amount of $400 million, the specific lawyer who fought the case does not receive a percent of that money. The percent goes to the firm and partners, and then the lawyer gets a huge bonus.

Lawyers and Their Interpretation of the Law

Wednesday, March 11th, 2009

Law is about interpreting a system of rules, the U.S. constitution in our case, and then creating cases and documents that take action based on the interpretation of the rules. Often, people begin to get a negative perception about lawyers, simply calling them ambulance chasers or vultures who look to get everything they can out of each case. Based on the general definition of law though, lawyers are critical to the operation of our government. Without lawyers, our legal system would be much less effective, although there is the occasional case where it seem as though lawyers are “blood sucking bats.”

These stereotypes look as if they mostly come from personal injury attorneys who help people who sue another person. For instance, the story from Liar, Liar where a thief is on top of a woman’s house, falls through and cuts his leg on a knife, and then sues the homeowner and wins a large settlement. Those kinds of cases seem to be rare. Most of the time, a lawyer is working in the best interest of society and their clients. A person who is wrongfully injured does deserve compensation, and lawyers are the key to that process. Overall, lawyers have a bad rep, but our government and legal system would fall apart without them.

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An Immigrant Must be of “Good Moral Character”

Wednesday, March 11th, 2009

Becoming a U.S. citizen can happen in multiple ways. In general, most people are born as citizens, either because their parents are citizens or because they are born in the United States. However, for people looking to immigrate and become full citizens, there are a few ways to accomplish your goal. First, in order to even apply you have to have lived in the U.S. for five years and have to be over 18 years old. If you are married to a U.S. citizen, but you are not, you only have to live in the U.S. for three years prior to applying. Also, the applicant could not have taken absences from the U.S. for a more than half of the requirement for residency.

Once you have fulfilled the residency requirement, there are a few more tests. First, you have to be of “good moral character.” This essentially means you have not broken any laws, abandoned any children, had an affair, or done something else negative to your family. Next, you have to be able to read and write in English, and pass a test that goes through the basic concepts of the U.S. government. In addition, the applicant cannot be a communist. If you pass those criteria, you most likely can become a citizen.

Immigration Facts: How to Apply for Citizenship

Wednesday, March 11th, 2009

In order to become a full citizen of the United States, an immigrant must pass a naturalization test. The test focuses on the basic concepts of American democracy. It includes the rights and responsibilities of U.S. citizens, and encourages new citizens to engage in patriotism and civic learning. Instead of simply being a history and policy test, the U.S. government redesigned the test so that it not only tests new citizens, but also motivates them to become active citizens.

On the uscis.gov, you can find complete study guides for the new questions, as well as vocab lists that ensure the test taker understands all of the questions. Hopefully, the test is pretty basic for Americans who have taken any sort of American history class. For instance, one question is “What do we call the first ten amendments to the Constitution,” with the answer being the Bill of Rights. The test has a civics portion and an English portion. The civics portion is available in multiple languages to accommodate people who have English as a second language.

Catching Identity Theft Early is Key

Wednesday, March 11th, 2009

Identity theft is a frustrating process. It can happen to anyone. The most frustrating aspect of identity theft may be the fact that you are not legally allowed to know who has stolen your identity. Often, someone you know steals your identity: a work associate, a housekeeper, a family friend, or a relative. The reason you are not allowed to know is because too many people would want to have a few “words” with the perpetrator. This would be bad news and would only hurt your case as you are trying to restore your credit.

Catching identity theft early is key to helping your case. You can do this be regularly checking your credit. Now, there is some confusion about credit reports and where to get free ones, because the only completely free site is annualcreditreport.com, not freecreditreport.com or anything else that has “free” in its name. There are a lot of websites that provide identity theft protection plans, and if you are worried you may want to enroll in this, whereas a normal person could probably suffice by checking their credit annually at annualcreditreport.com. Overall, identity theft is frustrating, but you can take steps to prevent it.

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