Why Hire a Personal Injury Lawyer El Paso with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Personal Injury Lawyer El Paso appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Personal Injury Lawyer El Paso law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
Appealing Your Conviction - How the Appellate Court Works
The very phrase "tax attorney" conjures up images of highly qualified legal professionals who spout terminologies you could never understand. Yes, tax laws are very complex and not easily followed by the general public. It does therefore pay to be armed with at least the basics before you file a tax related suit or hire the services of a tax attorney in Fort Worth. Fort Worth is home to a number of tax attorneys. Fort Worth has its own set of laws when it comes to taxes and its related aspects. It is therefore important, that your attorney is specialized not only in taxes, but also in laws related to Fort Worth in particular.
With the kind of information available on the Internet related to taxes, almost every citizen is aware of something about taxes. Online resources are also useful when you are trying to locate a tax attorney. Fort Worth is fortunate to have a number of reputed legal firms and tax attorneys. Most of them find mention in online resources.
How to Cure Ankle Injuries
By their nature amusement parks are risky locales. While the risk and thrill of park rides can be exciting, it can also be devastating if something goes wrong. Ride accidents can happen at high speeds or heights which can cause serious injury and even death.
Amusement park accidents are no joke. If you or someone you know has been involved in a park accident, consulting with an amusement park injury attorney immediately could help you get the compensation to which you may be entitled.
Causes of Park Accidents
According to the Consumer Protection Safety Commission, the occurrence of theme park accidents is most commonly due to one or more of the following:
Why You Need a Lawyer
If you or someone you know has been involved in an theme park ride accident, you may be entitled to compensation for injuries and damages due to someone else's negligence. For more information on amusement park personal injury claims, visit the website of Waukesha, Wisconsin personal injury attorneys Habush, Habush, & Rottier, S.C. here..
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Business Insurance is Required
In order to fully understand the relationship between asbestosis and mesothelioma, and clearly distinguish between these diseases, we must first learn about the cause, then set about defining each condition in a clear, yet non-technical manner.
What is Asbestos?
The name Asbestos was first given to this toxic mineral by the Ancient Greeks, and the word "Asbestos" literally means inextinguishable. Throughout much of the twentieth century asbestos was widely used in industry because of it's resistance to heat and flame, resistance to electricity and excellent insulation and sound proofing qualities. It is estimated that there are approximately 3,000 different commercial products which include the use of asbestos in the manufacture process.
Asbestos is made up of tiny microscopic fibers which are invisible to the naked eye, and these fibres will often become airborne when the material is damaged or disturbed. Once carried by air, the fibres may be inhaled into the lungs or even swallowed into he digestive system where they will almost certainly cause long term, significant health problems. Inhaled asbestos fibers will remain in the body and never be expelled, and because of this, the fibers penetrate body tissues and will often deposit themselves in airways and lung tissue.
There are six minerals which are defined as "asbestos" types. These are chrysotile, crocidolite, amosite, actinolite, tremolite and anthophyllite. The three most commonly used asbestos types are classed as white, brown, and blue, and it is the brown and blue asbestos types which are most often associated with being the cause of mesothelioma. Millions of people all over the world have been affected by the inhalation of asbestos fibers, putting them at risk of contracting asbestosis, mesothelioma, lung cancer, or other deadly diseases directly caused by these toxic levels of asbestos.
There are also major differences in the treatments of asbestosis and mesothelioma. Whilst treatment for asbestosis centers around preventing the condition from deteriorating and easing the symptoms, treatment for mesothelioma will depend on how far the cancer has developed. If diagnosed early enough, there is a good possibility that the cancerous tumors can be removed or abnormal cells killed using radiation or chemotherapy. Later stages of mesothelioma cancer can be treated, but treatment becomes more difficult if the cancer has spread to other parts of the body. Regardless of the type of treatment, both asbestosis and mesothelioma have a very poor prognosis.
Ways How You Can Ensure the Future of Your Property
A common myth about contract disputes is that all contracts have to be in writing and signed. Unwritten contracts are commonly referred to as "oral contracts" or "oral agreements." Oral agreements are quite common and usually fairly innocuous. For instance, if you go to a Tex-Mex restaurant, order a delicious dinner of enchiladas gorda off the menu, and you accept the food from the waiter, then you have a binding oral contract.
In my practice, I often handle litigation that involves both written and oral contract disputes. They are usually quite serious and range from disagreements over construction projects to employment termination to partnership dissolutions. These problems frequently arise because different individuals perceive things differently. For instance, suppose two people are looking at the clouds. One person might see the letter "S" and another might see a snake. Other times, one party was simply trying to take advantage of the other's good or trusting nature. Below are three of the most common lawsuit claims that arise from oral contracts:
Oral Contract Dispute #1: Quantum Meruit
 For instance, the Texas Statute of Frauds is in the Texas Business & Commerce Code, Chapter 26. It states that certain types of contracts must be in writing and signed. This applies to certain promises by executors or administrators, the debts of others, marital agreements, real estate sales, real estate leases of over a year, agreements which are not to be performed with one year of the agreement, certain commissions and sales, and certain types of physician or health care provider agreements.
To learn more about contract disputes, see http://www.rainminnslaw.com/contract_dispute.html
Common Defenses to Florida Breach of Contract Claims
Criminal court cases go through methodical steps to reach a verdict:
1) the case is assigned to a federal or state court based on the type of crime
2) the defendant obtains a lawyer
3) an arraignment or bail hearing takes place where the charges are read and defendant enters a plea of guilty/not-guilty or no-contest
4) preparation for the trial takes place where the defense and prosecution gather evidence
5) the trial takes place where, in the end, a verdict is delivered and
6) an appeal may be pursued if there is a guilty verdict.
There are countless millions of criminal court cases that take place in America every year; and here are three types of criminal court cases that are, unfortunately, far too pervasive.
Domestic Violence Crimes
Domestic violence can include violent acts or violent threats and can escalate very quickly. Domestic violence prevails in every city in every state in America. Women are usually the victims associated with domestic violence, so much so that the Bureau of Justice Statistics states that 1 out of every 4 women in the United States will experience domestic violence in her lifetime. Another disturbing statistic reveals that in 2 out of 3 female homicide cases, women are killed by a family member or intimate partner. Men cannot be discounted, however, since there are nearly 3 million physical assaults on men, every year, who are involved in domestic violence scenarios. Whether a case might involve people who are blood-related, married, cohabitating or have children together, domestic crimes carry immense consequences monetarily, physically, psychologically and even socially when one considers that at least 1/3 of families that are a part of New York City's family shelter system are homeless due to domestic violence.
Burglary and Home-Invasion Crimes
A Home invasion is categorized as a type of burglary and is usually punished more severely than other types of burglaries. Burglaries can be treated as felonies though, in some cases, they are relegated as misdemeanors, depending on the offense. Depending on the potential for damage, the legal punishment for a particular burglary is dispersed, correspondingly. For example, if the crime resulted in someone becoming injured or if the intruder used a lethal weapon, the seriousness of the crime would be elevated.
Penalties for a home invasion burglary and trespass will vary by state; but in most cases where burglary is considered a felony, the act can be punishable by more than a year in prison in addition to a fine. It is not uncommon for states to impose terms of life-in-prison for armed home invasions!
Regardless of the type of burglary accusation one might be facing, hiring a good criminal defense attorney is a defendant's only hope of obtaining the best possible (or least severe) outcome in a court of law.
General Information About Pneumoconiosis - An Occupational Lung Disease
When an amputation occurs as a result of an accident - either during the accident itself or through surgery as a result of injuries from the accident - the injured party may be able to sue the people or organization responsible. Amputation involves the removal of all or part of a limb - an arm, hand, finger, leg, foot, or toe.
There are currently nearly two million Americans who have had a limb amputated. Of course, some of these amputations occurred due to illness or military combat. Only when the amputation is the result of an accident or medical malpractice is a lawsuit possible. In some cases, however, a responsible party cannot be pinpointed, such as if an amputation happened due to a natural disaster like a tornado, earthquake, or hurricane.
Some people involved in the bombings during the Boston Marathon lost their legs as a result. Unfortunately, the surviving bomber hardly has the funds to take care of the medical expenses of the injured. Attorneys are still scrambling to determine other possible responsible parties for lawsuits, but it isn't that easy. Luckily, for those people who were injured, donations have been collected to at least help with their medical costs.
Most amputation-related lawsuits are due to injuries incurred in car accidents and construction accidents. If an accident involves the severing of a limb, surgery is still required to cauterize the wounds, remove any remaining dead tissue, and to attempt to save as much tissue as possible. Sometimes, if a limb is recovered, it can be reattached. Beyond the costs of surgery and the post-surgical hospital stay (which is two weeks on average), there are the costs of prosthetics/artificial limbs. Those limbs must be installed after the initial wounds have healed. In some instances, amputations require a number of surgeries.
Responsibility is not always cut and dry. For this reason, these cases may end up in court rather than settled out of court with the defendant's insurance company. For example, when a young man's finger was severed at a party, he sued the parents of the teens who held the party, claiming that the parents did not properly supervise the event.
In a product liability case in which responsibility is clearer, a woman lost both of her legs when a car accident occurred allegedly as a result of a faulty ignition switch. The lawsuit was filed against General Motors, which recalled cars containing the defective switch only after the woman's accident occurred.
A medical malpractice case example involved a man suing his podiatrist after his toe had to be amputated following the podiatrist's care for cellulitis. When the man went to the emergency room, he was diagnosed with gangrene and had to lose his toe. He sought $100,000 in medical bills from the malpractice insurance of the podiatrist.
What is a Corporation?
The process for mediation will be dependent upon how mediation is triggered. Mediation can be triggered by:
a court or tribunal
an agreement to mediate.
A contract can state that when a dispute occurs to do with the contract or any matter of contractual import or bearing the parties must go to mediation. A well crafted mediation clause will provide that the parties must agree upon a mediator or in the absence of agreement the contract should provide that the matter must be referred to a nomination body to nominate a mediator.
The contact will provide that the mediator will be free to conduct the mediation as he or she sees fit, but the contract will also provide that if the mediation breaks down then the parties are at liberty to abort the mediation. Conversely the contract will provide that if resolution of the dispute through mediation is effected then the terms of settlement that underpin that accord must be in writing, must be co signed by the parties and the mediator and the accord will then be binding.
An example of a contract induced mediation clause is below
The Parties must mediate disputes.
The parties to the contract must use the mediation procedure to resolve a dispute before commencing legal proceedings.
The mediation procedure is:
The party who wishes to resolve a dispute must give a notice of dispute to the other party, and to the selected mediator, or, if that mediator is not available, to a mediator appointed by the president of the Law Institute.
The notice of dispute must state that a dispute had arisen, and state the matters in dispute.
The parties must cooperate with the mediator in an effort to give an opinion to technical matters. Each party must pay a half share of the cost of the opinion.
If the dispute is settled, the parties must sign a copy of the terms of settlement.
If the dispute is not resolved in 14 days after the mediator had been given notice, or within any extended time that the parties agreed to in writing, the mediation must cease.
Each party must pay a half share of the costs of the mediator to the mediator.
The terms of the settlement are binding on the parties and override the terms of the contract if there is any conflict.
Either party may commence legal proceedings when mediation ceases.
The terms of settlement may be tendered in evidence in any mediation or legal proceedings.
The parties agree that written statements given to the mediator or to one another and any discussions between the parties or between the parties and the mediator during the mediation period are not admissible by the recipient in any legal proceedings.
Court or Tribunal Ordered Mediation
Most courts require litigated matters to be referred to mediation before the case goes to hearing. The courts normally have a published list of mediators that the parties can choose from and each party has to pay the costs of the mediator.
If the mediation facilitates a settlement then the matter is concluded and the legal proceedings will be aborted by consent. If the mediation is unsuccessful then the matter will in all likelihood proceed to trial.
In some jurisdictions like the VCAT (Victorian Civil and Administrative Tribunal) the parties do not have to pay for the mediator and this is a significant cost saving and benefit that flows from such benevolence.
Agreement Based Mediation
Any party to any dispute, be it civil, commercial or planning can at any time agree to mediate. All the parties need to do is to find a mediator and then in good faith attempt to settle the matter.
There still however needs to be a rigour, there is little point in settling a dispute unless the settlement is agreed in writing, is witnessed and is evidenced by an instrument that states that the parties have agreed to resolve all of their disputes and differences to do with the subject matter.
Any mediated settlement agreement has to be comprehensive, well drafted and must embrace all matters that gave rise to the dispute. Poorly drafted settlement agreements are open to challenge and are frequently challenged when one of the parties in hindsight thinks that result could have been better.
If matters can be mediated at the gestation of a dispute, a mediated outcome has considerable merit. There is little doubt that the fastest and cheapest way to resolve a dispute if negotiations breakdown is through mediation. In any partnership agreement that I have entered into with fellow practitioners or businessman I have insisted on the inclusion of a mediation clause. Resort to court, is last resort.
One of the ostensible benefits of mediation is confidentiality. If a matter is resolved by mediation the disputants can keep their issues of discontent "in house". If there is any "dirty linen" it is "washed" in-house, never in public. For people in high office this is most important, reputations particularly in this day of age where communications via the internet are immediate and widespread mean that anything odorous can be seized upon and published very quickly. Furthermore once the odium is out there it can never be archived or placed in a vault that is dedicated to the scurrilous. Information that is published on the web remains there in perpetuity for all and sundry. The need for confidential resolution of disputes is therefore greater than ever and mediation is a useful although not necessarily perfect way of achieving this.
Not everyone however is convinced that a benefit of mediation is confidentiality.
"It could be said that the reality of confidentiality in mediation is in large part reliant on the goodwill of the parties. If good will breaks down, then somewhat ironically, whether confidentiality will be upheld or not depends on relatively insecure legal protections"
(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 7).
"From an ethical marketing perspective it is less than desirous to use the concept of confidentiality to promote mediation; certainly not without providing full information about the qualified nature of the concept in practice. Indeed, the accuracy and legitimacy of some of the assertions made about confidentiality in mediation can be brought into serious question"
(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 16).
As one of the perceived benefits of mediation is confidentiality, yet in actual practise as the said co-authors contend this may be an assumption in some instances rather than a fact, settlement condition "belts and braces" should be brought to bear to secure confidentiality. Where settlement via mediation is engineered the settlement agreement should have a confidentiality clause, any breach of which is actionable in a court of law. If part of the consideration in the settling of a dispute is confidentially it should be expressed as such, then a breach of confidentiality is a breach of that confidentiality provision and actionable.
A greater problem is if settlement is not effected by mediation. How confidential is information conveyed during negotiations in these circumstances? Field, Rachael and Wood have said the notion of whether information remains confidential or not may be reliant upon the good will of the parties. All well and good but of little comfort to disputants at loggerheads with one another, particularly if the mediation proves fruitless and as it can on occasion, counterproductive and a tension exacerbater.
(Michael Moffitt "Suing Mediators" Boston University Law Review, Vol. 83:147 at page 150)
The difficulty in suing mediators is probably because it is a new addition to the dispute resolution repertoire, somewhat of a dark and evolving art. As canvassed previously mediators are not supposed to make decisions and although a mediator never makes a decision, the errant mediator in making a recommendation or proffering an opinion that affects a settlement is influencing the decision to settle. If the decision is settled and compromised on the basis of a misconceived mediator`s expressed inclination, the conduct of the mediator should be actionable at law.
Yet actionable on what basis? The duty of the mediator in not codified or regulated rather it is ill-defined and speculative As some mediators are not remunerated by the parties does their duty to the party differ to circumstances where the mediator is remunerated by the parties, (presumably on a fifty- fifty basis)?
Unlike lawyers who are required to enter into cost agreements with their clients that are regulated by solicitor conduct acts, mediators do not explicitly contract with clients to dispense impartiality, ethical reverence or detachment. So in the absence of any contractual obligation for one to sue a mediator, one would have to imply certain duties, duties that are to reiterate ill-defined and opaque.
For the above reasons it is not surprising that mediators apparently have not been sued to date. Although a party in the absence of any mediator immunity would be at liberty to sue a mediator, success could prove elusive. There would have to be compelling evidence that the mediator, very forcefully recommended a course of action, based upon flawed rationale or pretext, resulting in a settlement that materially prejudiced a party`s interests.
Furthermore if the aggrieved was represented by lawyers it would be even more difficult to sue the mediator, because the question would be asked "Why did your lawyer not advise you to refuse to accede to the mediator's recommendation?"
The disquieting consideration for lawyers, is that the lawyer must be ever vigilant and bold if need be, in ensuring that a bad deal that is put to the client is described as such in no uncertain terms, least the lawyer be implicated in a questionable outcome. The last thing the lawyer would want to become is a client "safety net" for a compromised settlement in circumstances where a forceful or vociferous mediator extolled the virtues of settlement and the lawyer meekly acquiesced or endorsed in that facilitation. For to do so could mean that the lawyer would be sued for a failure to emphatically reject the mediator`s recommended course of action.
As an aside the author can attest to his disappointment with respect to some of his experiences at mediation, albeit a minority of experiences. One case concerned a multimillion dollar dispute where the author was retained by an insurance company and the author's client flew an insurance instructor from one jurisdiction to the jurisdiction where the mediation occurred. The mediator was a fairly relaxed sort of character but the amount that he charged being $6,000 per day certainly did not relax the disputants. It was observed on a number of occasions that when there were "breakout" caucuses, the mediator used his downtime to read the newspapers in the public reception area that someone very kindly left in the reception of the office.
In another matter, again an insurance dispute, one team flew from one jurisdiction to another, at great cost. The mediation was getting traction but because the mediator and some other members of one of the adversary fraternity had to attend a religious festival, the mediation was cut short. The author, a religious man himself, considered that it would have been a far better idea for the mediator to arrange a date that did not conflict with either his or one of the other party's religious commitments. Particularity when the mediator was charging in excess of $5,000 per day and the combined legal spend for the day would have been $12,000. Needless to say that the team lacking the same religious affiliation was in a word; disappointed.
One of the greatest risks with mediations is that successful mediations in the author`s experience often go well into the night. In these circumstances many mediators instead of adjourning over to the following day put pressure on the parties to expedite the "wrapping up" of a settlement. In such circumstances mistakes can be made particularly in regards to the drafting of terms of settlement. This makes one hark back to Michael Moffitt's observation that the lack of formal structuring can compromise the quality of mediation services.
Mediation is relatively cheap and in tribunals such as the VCAT and the NZ WHT it is free. Court nominated mediators however are not free and when the courts, compel the parties to mediate the parties have to engage and pay for recognized and reputable mediators. This can cost anywhere between $1,500 and $10,000 a day but is money well spent if the matter is resolved quickly by mediation.
The most cost effective deployment of a mediator is at the outset of the dispute, at a time that precedes the initiation of legal proceedings.
An actual mediation rarely takes more than a day or so. The critical thing is to ensure that the mediation occurs close to the beginning of the dispute rather than on the eve of trial.
On point, the author was engaged by the Law Reform Commission and the Law Institute of Victoria in the early 90's to co-author a plain English building contract with Jude Wallace (Jude worked with the Victorian Law Reform Commission). We decided to make mediation the first "port of call" in the dispute resolution process whereby it was a term of contract that no party could issue proceedings in any jurisdiction unless they had at first instance attended mediation. The contract also provided that the parties remunerated the mediator on a 50/50 basis, regardless of outcome.
It is critical, for fear of labouring the point that mediation occurs at the outset. Ideally, a mediator should be engaged before a matter goes to court, arbitration or a tribunal but this requires a contractual condition that binds the parties to this course of action.
A mediated outcome at the earliest possible time can indeed arrest the deterioration of a commercial relationship. Mediated outcomes can also be positive, they can turn the tide from discord to accord and where this occurs the relationship can be strengthened.
Adversaries can also learn more about one another, a constructive mediation can enable both parties to better understand the other party's point of view. As Sir Laurence Street, the prominent Australian mediator and a past NSW Supreme Court Chief Justice likes to say. "If you look at a coin, the coin has a head and a tail. In any given dispute one party sees the tail, the other can only see the head, yet they are both looking at the same coin".