Choosing A Personal Injury Attorney

    




    


Personal injury attorney advertising is rising rapidly. Every time you turn on your TV or radio there are more personal injury attorney advertisements. Ironically, most personal injury attorneys and, in my opinion, most of the better personal injury attorneys, did not want to advertise and resisted for a long time.
That is quickly changing. Many of the better personal injury attorneys are now advertising because like it or not, they realize that advertising is not going away. So how does a seriously injured person determine whether a given advertising attorney is one of the better attorneys?
First, the problem: anyone can advertise. Legal experience, skill or expertise in a particular legal specialty is not required to advertise. Attorneys with little or no experience, skill or expertise can advertise heavily in local phone books, billboards, television and radio advertising.
These attorneys can claim huge verdicts where you to live to entice you to call quickly. Unfortunately, such claims may be very misleading. There are too many examples of attorneys with limited or no experience trying cases locally or anywhere else advertising heavily and making such claims. Historically, some of the biggest advertisers did not try cases at all and simply farmed them out to other attorneys in exchange for generous referral fees.
So how do you get beyond the advertisements to find a highly experienced attorney with expertise in your type of case? Think about what you would do before hiring any professional to help you with a very serious matter affecting your life. You would not just respond to the first TV commercial or call the person with the most billboards. You would do some research.
Fortunately there are several easily accessible research tools. You can check the attorneys? credentials by visiting ?The Best Lawyers in America,? (www.bestlawyers.com), Martindale-Hubbell (www.martindale.com) and (www.abota.org).
?The Best Lawyers in America? is a national organization that lists by specialty the attorneys [and firms] in each geographical who other attorneys rate among the best in their specialty. As you would expect these attorneys are highly experienced in their fields. Look for firms who have several attorneys listed in the personal injury section ? attracting such attorneys says a lot about the quality of the firm.
The American Board of Trial Advocates is another excellent resource because it has rigorous admissions standards and only admits highly experienced trial attorneys. This is very important because the better personal injury attorneys are all highly experienced trial attorneys
In serious matters affecting your life you want to know if in addition to superior experience and legal skills, the attorneys and firms also practice at the highest ethical standards. ?Martindale-Hubbell? is a highly respected national publication that uses peer reviews to rate attorneys and firms on both the quality of their legal work and their ethical standards. Look for attorneys and firms that receive both an ?A,? their highest legal quality grade and a ?V? their highest ethical grade.
Additional potential sources are other attorneys or friends and family who are familiar with the legal community. This can be especially helpful if they have had a positive experience with the attorney or firm they are recommending.
After you narrow your search through such inquires and the web sites suggested above, go to the firm's website to learn more about their experience in the specialty that you need. Then meet with the attorney. Ask whether they have taught Continuing Legal Education (CLE) courses. Attorneys who teach these courses are teaching other attorneys and are usually the most experienced and highly respected in their field.
Also ask who will be in charge of your case and who will try it. While it is common for less experienced attorneys to work on your claim, a senior attorney should be involved from start to finish. Your relationship and comfort level with the attorney is important. Look for an attorney that is courteous and is considerate of your time and who is responsive to your calls and questions. Don?t ever feel pressured to make a decision on the spot.
Following the suggestions above should quickly and easily help you get beyond the advertisements and get to a highly experienced attorney with expertise in your type of case.

About The Author

Brian Zorn is a partner with the Faraci Lange law firm based in Rochester New York. The Faraci Lange firm is considered one of Western New York?s leading personal injury firms. Brian Zorn has represented catastrophically injured plaintiffs in all types of cases including auto, defective products and premises and medical malpractice. He has been listed in ?Best Lawyers of America? for over 10 years and has earned the AV? Rating in the Martindale-Hubbell Law Directory. He is also a member of the American Board of Trial Advocates, Association of Trial Lawyers of America and New York State Trial Lawyers Association. He can be contacted at bzorn@faraci.com or (585) 325-5150. You can also visit the firm?s web site at www.faraci.com.
bzorn@faraci.com

    

    

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Child Support Law Opinions

    




    
Child Support Laws

Child support in each state of America follows its own laws. Although, these laws are slightly different, they share one thing in common, that every non-custodial parent must provide financial support and health benefits for their child/children. Financial support helps in many ways. First, when the mother/father are struggling and unable to provide 100% for their young ones, the child support payments will provide them extra cash to help cover any expenses. Expenses such as food, utility bills, medica l, and clothes. Single parent raising children can be tough, that is why it is important to have child support paid by the non-custodial parent. Health coverage can also be very expensive, especially for children. Having good medial coverage can help offset those expenses. Many states in America have laws that make it mandatory for a non-custodial parent to provide medical support for their children.
Child Support Laws and Enforcement
Some parents who are ordered to pay child support often avoid their obligations. These parents are what we call dead beat parents. Most dead beat parents do not pay child support for reason just to spite the custodial parent. Some may be too lazy to get a job, others may be too selfish to dish out the money to pay for their responsibilities. Who know why some parent will not take the responsibilities of paying their child support dues? Fortunately, there are laws which prosecutes parents who avoid payin g child support. In most states in America you can find a child support enforcement office which will provide assistances in enforcing non-custodial parents to pay past due child support. Some methods of enforcing child support laws are garnishment of the wages, interception of tax refund checks, suspensions of drivers license, and jail time.
Establishing paternity
When a mother has a child and she is married, then the father is legally obligated to pay child support if they divorce. When a mother has a child outside of marriage in order for her to file for child support she must first establish paternity. Establishing paternity makes the non-custodial father legally obligated to the responsibilities of child support. If at anytime the alleged father doubts that the child is his, a genetic test would be performed to discover once and for all who the father is. Loc ating a missing parent can be difficult, especially if they live in another state. Sometimes tracking the social security number of the missing parent will help to pin point their location. Usually when the missing parent applies for a new job, their social security can be trace back to their location. In order to establish paternity, the custodial parent must first locate the father.
For more information on child support laws in your area, please click the link below.
http://www.child-support-laws-state-by-state.com
http://moneymakingsurveys.blogspot.com

About The Author

Holcy Thompson III
I am a father who pays child support on a regular basis. I research informaiton on child support laws in each state and I share that information with anyone interested.



    

    

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Child Pornography And The Internet

    




    

In our internet age, more and more often, charges of child pornography are filed stemming from internet downloads form websites and newsgroups. Many of these downloads are unintentional and come in bulk transfers. This often occurs with file share programs like Limewire, MP3 Rocket and other programs of that nature that are freely available for download. A person seeking to download only music files may find themselves with images or videos that they did not anticipate. For example, a search for the rock group "Sex Pistols" generally will recover results that include files of sex related photographs. With the shareware programs, those files cannot be viewed until downloaded. Once they are downloaded, they may be indellibly etched into your computer's hard drive. That is true even if they are erased. Such downloads, however, do not necessarily support an "intent" to possess child pornography. The same can be said of bulk downloads form newsgroup s such as those hosted by Google, MSN and Yahoo. Downloading bulk attachments or zipped files may yield the same result.
At trial, the prosecution will use as evidence temporary internet files which are unintentional saved on computers with names that the prosecution will argue depict underage people in sexual acts. Sites with titles such as "barely legal" or "lolita" will undoubtedly be used as evidence even though those sites may depict completely legal images. As a result, a person accused of such crimes will require a lawyer well versed in the intricacies of the internet and how such temporary files may be unintenti onally transferred to computer records.
Under Minnesota Statutes, it is a felony to possess any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct if all of the following apply:
The person knows that he or she possesses the material;
The person knows the character and content of the sexually explicit conduct in the material.
The person knows or reasonably should know that the child engaged in sexually explicit conduct has not attained the age of 18 years.
In the internet context, often the strongest defense is that the person accused did not have the requisite "intent." In other words, the person possessing the material did not know that he/she possessed it, did not know the character of the material possessed or did not know that the pornographic material involved minors. This is often the case where multiple images downloaded from web sites come bundled together or where information is automatically downloaded to a computer with computer software fro m newsgroups or other unscreened public areas.
A person convicted of child pornography or other "serious child sex offenses" may not subsequently engage in any occupation or participate in any volunteer position that requires him or her to work or interact primarily and directly with children under 16 years of age.
Defenses
Do Not Make Statements. Obviously, the best defense begins before a defendant is ever charged. Often, in a misguided attempt to help law enforcement, defendants make statements that are twisted and turned into prosecutorial evidence. It is important to remember not to allow yourself be interviewed government agencies without an attorney present.
Any interview will be sent to the police and the county attorney's office and can be used against you. An obvious corollary is do not let yourself be interviewed again by the police without your attorney present.
Computerized Evidence. Internet child pornography is a growing offense across the nation. Often files can be downloaded to a computer without the user knowing the content of the download. In such cases the electronic file will often include tell tale electronic evidence about the file, where it came from and its date of download. Using this evidence or challenging law enforcement's sloppy investigation and acquisition of potentially exculpatory information is the best way for a defense lawyer to prove actual innocence.
Examine Prosecution Expert's Background. An important part of every case is the ability to counter the reports and testimony of computer professionals, caseworkers and "experts" who examine pornographic evidence. To effectively counter a prosecution expert, the defense attorney must be well educated on the expert's education, work history, published works and testimony in prior cases.
Use a Polygraph. When it is advantageous to the defense against a sexual assault, defense attorneys should obtain a credible polygraph examination from a respected professionals.
Your Lawyers
Our attorneys defend against sexual assault allegations throughout Wisconsin and Minnesota. We have developed a unique understanding of the dynamics of these very serious cases. Our competent, aggressive and thorough representation have made Maury D. Beaulier a leading criminal defense attorney in dealing with sex and pornography related criminal charges.
Defending in these areas is a very specialized area of criminal defense. Unfortunately, the very accusations themselves are often treated as conclusive proof of criminal activity. If we are retained at an early stage in the investigation, we are sometimes able to avoid charges altogether. At a minimum we are often able to avoid the trauma and embarrassment of our client being arrested at home or at the workplace by contacting law enforcement and the court in order to make the necessary arrangements.

About The Author

Maury D. Beaulier is a criminal defense lawyer practicing in Wisconsin, Minnesota and all Federal Courts. He can be contacted on his web site at http://www.criminal-law.tv.


    


    

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Changes to Fire Safety Law Fire Safety Reform Approved

    




    



Legal reform aimed at simplifying the fire safety process, while at the same time placing a greater onus on businesses to carry out fire risk assessments, has been approved by the House of Lords.
A leading spokesperson, speaking for the Office of the Deputy Prime Minister, told the Lords recently that the Regulatory Reform (Fire Safety) Order 2005 amounted to the "biggest reform" of fire safety legislation in over 30 years.
"It will simplify the process for thousands of businesses," was said. "It is an enhancement of public safety and removes a substantial burden from business."
The Regulatory Reform Order, which will amend and consolidate around 79 pieces of legislation relating to fire safety, has now completed its parliamentary process.
However, the changes will not come into effect until Oct 2006, originally scheduled for April 2006 to allow time for the Government to produce considerable guidance for those affected by the Order, including businesses, fire and rescue services and local authorities.
One of the main features of the reforms will be for those responsible for mainly non-domestic premises to be required to undertake a "suitable and sufficient assessment of the risks".
Fire certificates will be abolished and have no legal status. Thus putting more onus on businesses to undertake Fire Risk Assessment.
The new, Fire risk-assessment based regime requires those persons responsible for premises used by the public (including the self-employed and employees) to take action to prevent fires, and protect against death and injury should a fire occur.
This is the same duty currently imposed on employers by the Fire Precautions (Workplace) Regulations 1997, but under the new Order the duty will be extended beyond workplaces to include the majority of premises to which people have access.
To support the Order, the Office of the Deputy Prime Minister (ODPM) will be publishing a suite of eleven guidance documents. They will give advice on most types of premises where the duty to undertake a fire safety risk assessment under the Order applies. Even guides will address the following categories of premises:
? Offices and shops
? Premises providing sleeping accommodation
? Residential care premises
? Small and medium places of assembly
? Large places of assembly
? Factories and warehouses
? Theatres and cinemas
? Educational premises
? Healthcare premises
? Transport interchanges
? Open air events.

About The Author

David Cant is Qualified DDA access auditor who owns his own consultancy practice Central Safety consultancy Service Limited operating throughtout the UK. if you have any questions regarding health and safety you can drop him an email if you so wish at david@centralsafetyconsultancy.co.uk.

    


    

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Certified Legal Nurse Consultants Pain and Suffering Analysis Spurs Record Settlement

    




    



When an attorney takes on a medical-related lawsuit, the attorney is confronted with enormous volumes of medical records crammed with esoteric terminology, inexplicable shorthand and indecipherable handwriting. Yet his client's (plaintiff or defense) future depends on the attorney understanding those records and using them to support the case effectively. That's why being a Certified Legal Nurse Consultant is the healthiest thing that will ever happe n to your attorney-client's practice.
On a sunny Virginia morning, meter maid Beverly Adams was severely burned over 50% of her body when her three-wheeled motorcycle turned over and caught fire. "She was making a slight turn on dry pavement," says her attorney, Rob Walker of Robert Walker and Associates, Richmond. "The vehicle was defectively designed with the driver sitting right on top of the gas tank." That arrangement almost proved lethal for Adams.
"Under Virginia law," continues Walker, "you can't sue an employer for an on-the-job injury that takes place in the course of employment. Instead, we took on the engineering firm and the foreign corporation that designed and distributed the vehicle."
According to Walker, his 42-year-old nonsmoking client sang in her church choir and was a 15-year veteran of the police force. Adams had a reputation for going by the book and writing more tickets than most of her peers. "She was the perfect plaintiff," he says.
The accident changed Adams' life completely and permanently. "In addition to her severe burns," says Walker, "she lost four fingers on one hand, lost her eyelids, ears, nose and most of her hair. She spent three months in the hospital, almost a year in rehab, and needed 32 reconstructive surgeries and other surgical procedures. For the rest of her life she'll have to use prosthetic devices and special creams for her damaged skin."
How does the attorney make sense of a year's worth of complicated medical records describing such devastating injuries? How does he even begin to grasp the pain and suffering Adams endured, much less make it real for a jury? Walker's answer is simple: He doesn't. He calls in an expert. His expert of choice was Sharon Scott, RN, CLNC.
The Certified Legal Nurse Consultant Is the Key to Understanding the Medical Issues
For the Adams case, Scott tapped both her 19 years of nursing experience and her extensive training as a Certified Legal Nurse Consultant. "I developed a detailed chronology of the case and explained all the medical procedures in lay terms," she says. "My services included indexing the records and explaining the difference between second and third degree burns. I also pulled out every recorded instance of Adam's pain and suffering and prepared a chart listing all the pain medications, sedatives, etc., s he took."
Walker explains the value of Scott's Certified Legal Nurse Consultant services. "I had no idea what was being done to the plaintiff because much of it was in medical shorthand. Sharon indexed the records so we could find what we were looking for. Then on a daily basis she summarized Adams' condition, treatments, surgeries, medications and outcome." This detailed summary made it easier for Walker to answer defense interrogatories and to decide which witnesses to call.
"We were most concerned about Adams' pain and suffering," he continues. "We needed a handle on that. Sharon put all the procedures and surgeries into words we could understand. For example, debridement is just a medical term to me. Sharon explained that meant scrubbing off the dead skin. When you see how often they did that, you understand how much my client suffered."
Scott's next step was to make the actual amount of painkiller Adams received real for people. Walker explains, "Sharon tallied all the dosages for the first six weeks of treatment, then concluded by saying my client had received enough medicine to relieve the pain of 850 heart attacks or 1,700-3,400 hours of labor. That vivid picture of what Adams went through gave us an advantage over the defense attorney when we started talking about damages."
Although the case was pending in federal court, local rules required Walker and the defense to attempt a good-faith settlement. "Both sides chose mediation," he says, "and we settled in about a day. Sharon's summary made the damages so evident, we never had to discuss them. This made for a cleaner conference focused on the liability issues."
The result was a $14,000,000 settlement, at that time (2000) one of the largest out-of-court settlements ever reached for a personal injury case in Virginia. "One reason we got this settlement," Walker acknowledges, "was the understanding of the medical records Sharon gave us." An indirect result of this case was that the vehicle in which Adams nearly died has been redesigned to move the gas tank and its opening to the back.
Certified Legal Nurse Consultants Save Attorneys Time and Money
I have a small office," Walker says. "I can't read 4,000 pages of medical records. Having the services of someone like Sharon allows me to take on complex cases that I could not handle otherwise."
Scott's status as an independent Certified Legal Nurse Consultant in private practice is an advantage for Walker. "I trust her judgment and her opinions more than I would a nurse working in my own office. An independent consultant doesn't have an ax to grind with you. If you get a case of questionable merit, Sharon will tell you not to pursue it."
Another benefit of working with a Certified Legal Nurse Consultant is cost savings. "You can lose a lot of money on cases with complex medical issues if you're not on firm ground," says Walker. "My out-of-pocket expenses on the Adams case were around $240,000. Sharon can quickly and economically identify whether you have a case, and she can cut down on your staff time going through medical records. If you're in a small or medium-sized firm and you need help indexing records or understanding complex medi cal issues, a Certified Legal Nurse Consultant is indispensable.?

About The Author

Vickie Milazzo RN, MSN, JD
Inc. Top 10 Entrepreneur Vickie L. Milazzo, RN, MSN, JD is the founder and president of Vickie Milazzo Institute (www.LegalNurse.com). She is credited by The New York Times with creating the legal nurse consulting profession in 1982. She is the recipient of the Nursing Excellence Award for Advancing the Profession and the Stevie Award as Mentor of the Year. Vickie has revolutionized the careers of thousands of RNs.
She is the author of Inside Every Woman: Using the 10 Strengths You Didn't Know You Had to Get the Career and Life You Want Now (www.InsideEveryWoman.com), coming March 2006 from John Wiley & Sons, Inc.
articles@legalnurse.com
    


    

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