The Role Of The Personal Injury Lawyer

whiplash injuries

A personal injury lawyer is a law professional who deals with personal injuries cases both in and out of the courts. Personal injuries according to the law include injury to the body, mind and emotions. The personal injury cases are classified and dealt with under the civil and tort laws. The tort laws under which the personal injuries fall are laws that deal with acts which cause harm but are not are necessarily criminal. A personal injury lawyer deals with case which involves but not limited to:

  • Personal injury resulting in serious injuries or death of a family member
  • Medical malpractice and harm
  • Assault and battery cases
  • Refusal by the insurance company to compensate injured party coverage is less than what was contracted
  • Slander
  • Defamation
  • Injury occurring in the property belonging to the accused

Responsibilities of A personal Injury Lawyer

A personal injury lawyer performs several responsibilities in issues or cases that involve tort laws. The personal injury lawyer files legal complaint from a client, gives any required legal advice and also prepares all the needed legal documents .In addition to the personal injury lawyer represents his or her client in the court of law. The main purpose of a personal injury lawyer is to see that justice is served to people who suffer any form of injury that is classified under the laws as personal injury. The lawyer therefore tries to reach an agreement between the person who suffers the injury and the party who causes the injury. In the circumstances that an agreement is not reached by the two parties, the lawyer goes to court and represent his or her client in the case. It is the court which is then supposed to help settle the matter. The personal injury lawyer may also have certain specific duties and responsibilities depending on the area of specialization. There are those who specialize in malpractice cases while others deal with issues relating to anesthesia negligence. All of them are however tasked with the responsibility of ensuring that the party who suffers a personal injury receives justice.

Whiplash Injury

Whiplash injury refers to a common kind of personal injury that results due to the abrupt back and forth flexion of the human neck. As a lawyer involved in this kind of case, you'll need a magnifying lamp permanently attached to your desk, as there's plenty of late night nights involved in preparing your case. This kind of injury is very common in motor accidents. Whiplash injury can be very painful and disruptive at the same times. Those who have been involved in motor accidents are advised to seek medical treatment for the condition immediately so as to avoid any further complications. Majority of conditions that result from minor or even major car accidents do not show symptoms immediately. However, the results of the condition may later be felt and can cause more harm to the sufferer. When you seek medical attention, the physician will check for signs of Whiplash that may not be easily recognized by a common person. The physician should then clearly document your case if you intend to make any claim. The medical expenses should also be well documented by the physician or doctor who attends to you.

Assistance with Legal Claims for Compensation

It is not usually a guarantee that you will get the whiplash compensation you laid claim to even from your insurer. This is where you will need the assistance of a personal injury lawyer. This is in addition to the fact that the person who caused the injury may not be having any insurance cover. The personal injury lawyer will first of all help in conducting the discussion to reach settlement. Your lawyer will write an actual claim letter to the defense. When this has been done, the defense attorney may respond to the letter depending on how the view and take the claims. Mediations may follow. Both parties are required to attend the mediation with the personal injury lawyer representing his or her client. The mediations can either be led by a private mediator or by a judge. If the mediations are successful, you will get your compensation as agreed. If the settlement is not reached through mediation, then your lawyer will file a case in the court and represent you through the litigation period. When the case is taken to court, it is the court who will settle it now.

What It Means To Be A Certified Paralegal

certified paralegal assistant

Paralegal, in broader perspective, it refers a professional who has attained the recommended education and necessary experience needed to perform substantive legal work for which a supervising attorney is in the end responsible. So, what is a certified paralegal? Professional certification in any working surroundings is a voluntary process in which an independent body or a non- government entity grants acknowledgment for having achieved the pre-set education requirements or necessary experience. This is a process which is honored and respected by both employers and professionals within the paralegal career discipline.

Certification process for paralegals is not a mandatory requirement. It is a voluntary process as both the registered and unregistered qualifies to assist those attorneys with huge legal tasks. For a certified paralegal to maintain his or her certification, he or she is required to fulfill continuing educational requirements to keep their certification modernized. In as much as this certification process is not a requirement by law, it enables the professionals in this field to be a notch higher than other paralegals in the job market who are not certified yet.

Paralegals are not only limited to the assistance of qualified lawyers, but they can also offer those services that are being provided by a lawyer and as a matter of facts, they can actually argue a case before a judge in the court of law. But their representation of a client in the courts is limited to some cases. There are cases of big magnitude that they are not supposed to represent or advice a client on. Nevertheless, a paralegal is not allowed to develop any type of attorney-client relationship or signing any paper work on behalf of a client. They are also not supposed to set or collect any legal charges.

Certifying Boards

A certifying board refers to an entity whose work is to determine the content and establish the standards for administration of the fully certified paralegal program. This board is mainly made up of well experienced paralegals and is also processing an advanced paralegal certification. Members of this board are legible to come up with the content and the subject mix for every section of the examination.

How to be a Certified Paralegal

There are various processes that one is required to fulfill before he or she becomes fully certified paralegal. Some of those procedures include; first, one is required to learn more about several credentialing bodies. Secondly, you should ensure you have met all the eligibility necessities to sit the certification exams. After you have completed these exams, you are therefore legible to be called a paralegal. And even possessing a bachelors’ degree can qualify you to be one.

If you have not completed your secondary education, you can seek for guidance from your career counselor on which accredited colleges that are providing paralegal training. Prepare a list of available colleges offering this program around your area and organize for the institutional visit. Strive to collect as much information as possible from only legitimate sources.

This profession needs professionals in the field to get a well rooted knowledge of things to do with the legal field. Finally, matters of law are complicated and therefore, individuals in this profession are supposed to be well-organized and detail oriented for them to be successful.

How A DUI Lawyer Defends Clients

Dangerous Driving Lawsuit

If you have to face DUI (driving under the influence) charges, you might think that your only option is to accept the charges leveled against you. However, a talented DUI lawyer understands that there are some mitigating situations and that any accused person is innocent until proven guilty. When you have to appear in court for driving under the influence, it is important to seek the assistance of a professional DUI lawyer. DUI lawyers represent clients who have been arrested for drunk driving. A DUI attorney will research, plan and argue your case in order to defend you from the charges.

As an uncategorized offense, an individual who is arrested for even their first DUI misdemeanor can face up to 6 months in jail, a 6-month license revocation, three years of probation and a huge fine, among other DUI related penalties. Since DUI offences are prosecuted so strictly, it is very important to ensure you have a talented defense lawyer on your side. Your life, freedom and money are so important that you cannot afford to hire just anyone.

How does a DUI lawyer help clients? Well, if you are found guilty and receive your punishment, your personal criminal record will stay forever in addition to the various penalties that you may be forced to pay. That’s why it is extremely important to work with a good lawyer, who understands that the charges against you can either be reduced or dropped altogether.

Early intervention is crucial. If you have been arrested, you should not answer any questions or provide the police with any information that might aid the case against you. Although it may look like they are trying to assist you, rest assured that whatever you say will be used to strengthen the case against you. By getting in touch with a professional DUI lawyer as soon as possible, investigations can be conducted, details scrutinized and evidence studied. Your lawyer will prepare a list of questions that need to be answered in order to offer the best defense possible in your case.

An aggressive DUI lawyer is bold enough to challenge any evidence and draw attention to any errors that might have been made by the police. Policepersons are human and they can make mistakes like all of us. If the law enforcement officers made one or two mistakes that make their investigations null, a skilled lawyer will be able to draw attention to that fact. After thorough analysis of the case details and a cautious negotiations with the judges, the defense lawyers can successful fight for your rights as their clients and help you avoid a possible criminal prosecution, tougher penalties and other forms of punishments associated with a DUI misdemeanor.

If you have been arrested for DUI misdemeanor and another party suffered injuries, it is important to contact a lawyer who is skilled and experienced as regards the DUI laws and their systems. No matter whether you were stopped and arrested for DUI or you were involved in a serious accident characterized by injuries, an experienced DUI lawyer can help fight for your freedom and rights.

Litigation Or Arbitration - What You Should Know

Arbitration

Are you are involved in litigation or arbitration matters pertaining to estates, guardianship, trusts and wills? If you are, you may find yourself in a difficult position especially where is there is dispute concerning these matters. Whenever you are faced with such a case, you will need a lawyer to help you out. If such an occasion arises you should know whether to solicit the services of a trial lawyer or a litigator.

These two lawyers are very different because whereas a trial lawyer handles a case to its completion a litigator can only conduct the preliminary sessions when out-of-court settlement is deemed necessary. A trial attorney must initially pass various exams to become the type of person that oversees the most critical part of case as he will prepare the case for trial, attend the trial sessions, examine and cross-examine witnesses and make the necessary arguments in your favor.

A litigation lawyer only acts as a mediators looking to settle the case before it goes on to trial. In instances where you think a court trial will consume a lot of time, money and still you will not a better offer, the litigator can advise for a pre-court settlement. Trial lawyers are generally superior to their counterparts mostly because they thrive in courtrooms while their litigators shy away from such engagements.

This is not to say that litigators are not useful. Litigators are good at gathering pin-point evidence. They are good thinkers and also brilliant at preparing briefs, discovery, motion practice and they have useful facts at their fingertips. One key factor distinguishes trial lawyers. They usually give judges the information they think will influence their judgment. Trial lawyers are deductive thinkers who look to impress the judges for the moment hoping that with such approach the final deliberation will go their way.

A trial lawyer and a litigator are therefore different. And as much as the same person can be both, litigation or arbitration matters require the services of either a litigator or trial lawyer respectively considering how each person is knowledgeable and at ease handling such cases.

A Quick Guide To The LSAT

Law School Admission Test

LSAT stands for Law School Admission Tests and should be taken by all candidates looking to get admitted into Law school. The tests show how well a candidate is suited for a career in law. It is offered four times a year and all candidates need to score high in order to increase chances of admission as some of the top law schools only accept high scoring candidates.

What areas are tested?

The LSAT seeks to tests a candidate’s competency in four mains sections:

Reading Comprehension

This section is meant to test your ability to read through complex passages, and gauge your understanding of different part passages, it also seeks to test how well you can comprehend the point an author is trying to put across. Typically, a lawyer has to read through long passages that seem impossible to understand. This tests asses your ability to read and understands all kinds of passages you encounter in the law profession.

Logical Reasoning (Arguments)

This section test you ability to read through arguments and come up with the proper logical assessment. Some of the arguments have deliberate flaws in them; you are then required to skilfully identify the flaws in the arguments. Some of the questions you come across will ask you to come up with a sound conclusion.

Analytical Reasoning

This section has a series of questions that asses your ability to understand a series of complex relationships and come up with valid conclusions. These will require you to draw up complex diagrams. This section is one of the most difficult sections of the LSAT; you are required to draw very complex diagrams under the heightened exam pressure. You should dedicate enough time to preparations for this section since its one of the sections that greatly affects overall score. Analytical reasoning can come in very handy for a career in patent or trademark protection. Bear that in mind as you progress!

Registration

LSAT exams are offered four times every year. The deadline for registration is usually a month before the test date.

The Patent Lawyer - Protecting Intellectual Property

patent

When someone comes up with an invention he/she is obligated to have a right over what he has created. These sets of exclusive rights granted to an inventor are what we term as patents. An inventor will need to have a patent lawyer who is always specialized in the area of protecting the property rights of the inventor and oversee that the inventor's patents are met. Sometimes applying for a patent, there is a long complicated procedure that involves the expertise of a well trained lawyer who interprets the rules and regulations of that specific patent process, file the document, provide legal representation to the inventor and negotiate contracts.

Besides being registered with the patent office, the employer (the inventor) will be looking for an excellent and academically rich lawyer. To become a good patent lawyer one must have the required qualifications to be registered as a patent lawyer. He or she should a good degree in the scientific, engineering or technical subjects and pass the Chartered Institute of Patent Attorneys qualifying examinations. It is also important that one has to have a previous work experience to make it easy to adjust. A good patent lawyer should be very excellent in both verbal and written communication skills because this is what is expected of him by his employer (inventor). Some of the key skills required of a patent lawyer involves; meticulous attention to details, independence, good IT skill, analytical skills and communication skills.

A patent lawyer is always involved in all aspects of law covering the intellectual property rights and the patents of the inventor. He or she conducts a research which will help him ensure that the invention is original and has never been previously presented in any public domain. All this determines whether the invention is worth seeking patent protection and if so, he will determine whether the invention gets a very broad protection or a narrow protection. Once the research is done and the lawyer has understood what it is all about, they seek to know what the inventor thinks is new or inventive about his or her idea.

The patent lawyer will ask the inventor about the other existing inventions, how the existing invention differs from this new invention and the problems intended to be addressed. The lawyer will also want to know how the inventor aims to exhaust the invention and how he hopes the patent protection will be of help in the invention. The lawyer then considers whether the invention brought on the table relates to the subject matter for which the patent protection can be sought. Then then after all this is done, they try to express this in form of a claim of ownership of the ideas which seeks to describe the essential features of the invention and how each aspect of it inter-relates.

The services of these unique lawyers are always required by some specific sectors apart from individual inventors. Some of these employers who may need the services of the patent lawyer include: private practices, government departments, legal firms and other major industrial organizations.

The Life Of A Toxic Tort Lawyer

Toxic Tort

What is a Tort?

A tort is a common term in the legal profession that is seldom heard and not widely understood by the general public. A tort is a wrongdoing, in which physical, emotional, or property damages has been inflicted on one person or party by another to the extent a basis for a claim for damages is justified. The injured party may seek monetary compensation, may seek a court injunction to prevent further damage from occurring, or both. A tort generally differs from a criminal charge in that the objective is usually one of seeking damages and not that of imprisoning the offender. Trespass is one example of a tort, negligence that results in damage is another, as are the infliction of emotional distress, defamation of character, general nuisance, and assault and battery.

What is a Toxic Tort?

A toxic tort is a wrongdoing, intentional or otherwise, involving a toxic chemical or substance. Toxic tort cases most often tend to involve the use of industrial chemicals, chemicals used for domestic purposes, damaging airborne particles such as coal dust or asbestos, and certain pharmaceuticals. Toxic tort cases can address anything from mold in the home or office due to faulty construction or maintenance, treatment of wood or other commonly used surfaces with harmful chemicals, toxins introduced into the air or drinking water, and product liability cases in which pharmaceuticals are involved. The latter example is often a cause of mass tort cases or class-action suits.

What Does a Toxic Tort Attorney Do?

A day in the life of a toxic tort attorney can therefore take on a wide variety of activities although the ultimate objective will be either seeking damages for a plaintiff or multiple plaintiffs or providing services to the defendant. Each case tends to be unique in that there are countless ways in which toxic damage can occur. A case in which the damage done is seen to be intentional will be far different in it is handled than one in which the damage was clearly unintentional. Cases involving negligence fall in somewhat of a gray area in between.

In addition to the time and effort involved in researching the alleged wrongdoing. The attorney obviously has to be well versed in tort law, which can vary from jurisdiction to jurisdiction. A lawyer for the plaintiff has to prove causation, while a lawyer for the defendant often has to go to great lengths to find fault in the plaintiff's case, or provide evidence to show the charges are without merit. One of the murkier areas toxic tort attorneys representing both sides of the issue have to deal with is intent.

A toxic tort attorney not only has to spend part of his or her day keeping abreast of laws and regulations but must also spend time becoming as knowledgeable as possible in the areas of chemistry and medicine. An attorney's life is a busy one, especially so when a class action suit is involved, which in the toxic tort world is more likely than not the case.

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