Wednesday, September 28, 2005

Don’t Rush When Signing Written Fee Agreements

Searching for a lawyer to represent your case is one of the hardest endeavors to embark upon since your only bases for lawyer’s competence are testimonials of previous clients whom you do not know personally. Then after you have searched and chosen your lawyer comes the legal fees. The legal fees require for written a fee agreement containing the terms and conditions of the lawyer’s would-be services as well as the fees for the whole duration of your case.

The written fee agreement is very important since this will serve as your reference for any future violations that your lawyer may commit. However, make sure also that you understand everything that is written in your fee agreement. Tell your lawyer to craft the agreement in the form that you can truly understand and if possible ask your lawyer to use not so technical terms that most of the time only lawyers understand. Remember that the agreement you are to sign will bind you and your lawyer so be sure that you double check every miniscule detail of the agreement. You are doing this not because you distrust your lawyer but more of doing this to protect your rights as client.

The fees will depends on what you and your lawyer agreed on. There are hourly fees, fixed fees and contingency fees. The hourly fees as the word implies would require you to pay your lawyer in an hourly rate. Most law firms have their own hourly rate fee schedule so as a client you ought to ask from your lawyer a copy. The hourly rate must also be stated in the written fee agreement likewise other possible expenses should also be included.

Most lawyers who are paid hourly rates usually request for a retainer fee that functions more of like a deposit. Clients are to deposit the retainer fee in the attorney’s trust fund. The retainer fee is paid in order to make sure that your lawyer will always be available for court hearings however you should always make sure that you don’t signed up for a non-refundable retaining fee agreement likewise ensure that any withdrawal from the trust fund would require an approval from you to also protect your interest.

A fixed fee or flat fee would depend on your lawyer, how much will he charge you for his services. The flat fee will only pay for the legal functions of the lawyer like representing you in court and then during the litigation process however other charges incidental to the case will be shouldered by you, the client.

Contingency fees are usually paid at the conclusion of the case. Most of the lawyers that accept contingency fees are high caliber lawyers that have reputable track records of winning cases. The contingency fees are to be based on the recovered amount out from the case filed. Usually between 33% and 40% is the lawyer’s percentage but then again this is not always followed. The type of your case is another determining factor as to the percentage of contingency fee your lawyer may recover from you.

Lastly, be very careful when signing fee agreements, always make use of sound judgment and then determine whether you have ample trust in your chosen lawyer. Likewise, ask yourself whether you and your lawyer have the same understanding with regards to the inclusions in the fee agreement. Because if you have different views and explanations that is a sign that you have to think twice before signing the agreement or more hiring the lawyer.


This blog article is created by Los Angeles Attorney Legal Services to provide additional information on the subject of contingency fees. The firm upholds professionalism in their service that is why it is important for them that their clients are well informed with regards to agreements that would be signed by them.

Monday, September 12, 2005

HOW TO PRICE PERSONAL INJURIES?

Lawsuits are filed not only to gain justice but also to recover a just amount for the injuries suffered by a victim. The question now is, how does one evaluates damages and injuries and then converts it in monetary terms? The first thing to consider is the degree of responsibility of the offender to the person whom she or he has injured. There should be a negligent action on the part of the offender and the same negligent action must be the immediate cause of the injury. Likewise, there should be no other factor that intervenes during the event or the accident.

And after the elements of tort are established which are the duty, breach and the causation, then commence the process of determining the rightful amount of the damages suffered by the victim. The determined amount will now be the basis for the compensation that must be paid to the injured party.

The common damages that are usually experienced by injured individuals are as follows: costly medical expenses, rehabilitation therapy, lost wages, pain and suffering and punitive damages. The medical expenses include doctor’s fee as well as the other hospitalization expenses while the rehabilitation therapy pertains to the cost of hiring other people to assist a victim in returning to the same physical condition which was damage during the negligent act or omission. The lost wages refers to the earnings that should have been earned if only the victim is well and working. The pain and suffering refers to the hurt that the injured party is experiencing as a result of the negligence of the offending party. In terms of the punitive damages, this type of damage is assessed based on the reckless behavior or the irresponsible behavior of the offending party.

Lastly the expertise of a Personal Injury Lawyer is required in order to ensure that you win the case and then get the rightful amount of compensation for your personal injury case.

THE IMPORTANCE OF INFORMATION ON EMPLOYEMNT APPLICATIONS


Most employers give little importance on the employment applications submitted to them. On the contrary, employment applications are very important in the sense that it serves as a prerequisite to the employment relationship between the employer and his employee. The employment application also is an important document when it comes to employment related lawsuits.

The employment application may be use by the employee as his or her basis for filing a wrongful discharge lawsuit against his or her employee on the other hand the employer may likewise use the employment application as his or her defense for discharging an employee. The employment application should be from time to time reviewed to ensure that the queries it contained are correct and must be created in such a way that it does not only protect the rights of the employee but also the rights of the employer.

There are three important considerations that an employer must never forget to include in the employment application such as whether the question has a disproportionate effect especially when it comes to screening minorities and females and if ever the information will be helpful in judging the competence of an employee in performing a specific job. Another consideration pertains to other options that are non-discriminatory that will help secure relevant information regarding the employee.

And lastly for employment related lawsuits there are Employment Attorney Services that are comprised of caliber lawyers who will make sure that you have a winning court representation.

WHEN TO HIRE A PERSONAL INJURY ATTORNEY?



Personal injury covers a wide range of injuries caused by various types of accidents like auto accidents, aquatic and/or water accidents, birth injuries, boating injuries, bus and train accidents, construction injuries, defective products, drug and toxic chemicals, libel and slander, medical malpractice, mesothelioma/asbestos injury, motorcycle injury, neck injury, whiplash, pain, suffering, lost wages, brain injury, wrongful death as well as work related injuries.

One of the personal injuries that I am to discuss is about Mesothelioma. What is Mesothelioma accident? Mesothelioma is a type of cancer that is brought about by the exposure to asbestos. An exposure to asbestos would result to incurable illness such as cancer. In the past there has been too much litigation against asbestos manufacturers and distributors. Most of the mesothelioma lawsuits are similar in the sense that all of them require for the representation of a personal injury attorney. Likewise, all of them requires for tedious court proceedings. The reason for the long court proceedings is that most of the mesothelioma cases involve 30-50 years of asbestos exposure and therefore requires for lengthy research since proofs must be provided without a single drop of doubt that the victim(s) has truly been exposed at a certain date, at a certain time, to asbestos with correct reference of course to the company(s) as well as to the product or else the lawsuit will have to count for another number of years.

But in the case of work related asbestos exposure the company will be deem responsible for negligently as well as allowing their employees to be exposed to asbestos in spite of the foreseen danger of it. Nevertheless, mere exposure to asbestos is not an acceptable ground for filing for a lawsuit. There should be proofs that should support the lawsuit. Most of the asbestos lawsuits are filed during the year 1950s to 1970s. During those years most of the asbestos companies are not that aware of the danger brought about by their product thus increasing the difficulty on the part of the attorney to gather evidences especially when the case happen couple of years ago. Nevertheless, the expertise of a personal injury attorney is required for a much greater chance of winning the case.

Wednesday, September 07, 2005

HOW MUCH COMPENSATION TO ASK AFTER A CAR ACCIDENT?

Car accidents are no longer news in fact it has become a mainstay in every news channel. However, no matter how horrifying reports of car accidents are shown in the television still there are so many drivers who seem not to be affected by it. I guess the no concern attitude for others is one basic reason why car accidents happen coupled with total recklessness. Most car accidents often ends up in court since it doesn’t only involve damages to properties but more consideration is given to the injuries suffered by the parties involved in the accident.

People involved in car accidents requires medical attention and often times also need rehabilitation which entails a great amount of money. And not only that, there is also the lost of income since there is the need for recovery and a continuous treatment. There is also the damaged sustained on your car and therefore requires repairs and since it is under repair you have to rent a car which is an additional expense for you.

Then there is the non-ability to perform various activities that you need to do as part of your normal everyday living. There is also the pain and suffering as a result of the accident. But don’t dismay because the law allows you to seek compensation resulting from the accident to help you in your recovery. The rationale behind the law is to ensure that you as the aggrieve party should be properly compensated in a manner in which the law deem is best for you. The law further permits you to claim for recovery the same benefits as you were receiving before the accident. The normal compensatory damages are designed to make someone whole again however in extreme cases punitive damages are filed if the injury was the result of someone else’s recklessness or irresponsible behavior.

And of course you need to have a competent counsel to represent your case in the court. If the accident happens in the state of California there will always be a California Vehicle Accident Lawyer to help you in getting that compensation you rightfully deserve. The California Vehicle Accident Lawyer especially one that is competent can provide you a quality representation in the court. And with a California Vehicle Accident Lawyer to handle your lawsuit, you can be sure of a high chance of winning your case.