Why Hire a Disability Lawyer San Antonio 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 Disability Lawyer San Antonio 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 Disability Lawyer San Antonio 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.
Arizona Employment Law - How Long Does an Employer Have to Pay a Discharged Employee?
Road accidents happen in an instant, yet the aftermath can drag on for months and even years. A lot depends on how you act immediately after the accident, right there on the scene. Assuming you aren't too injured to be somewhat active at the site, you can begin your own protection and defense immediately by following a few Do's and Don'ts:
At the accident scene:
· Obtain the contact information of the other driver, including insurance information, and the vehicles' license plate number.
· Obtain contact information from any witnesses who saw what happened.
· Take photos (carry a disposable camera in your glove box at all times!). Take photos of vehicle damage, from varying distances; of any tire marks on the road; of the weather and lighting at the time; of the relative positions of vehicles; of any nearby elements which may be involved, such as fences, signposts or traffic lights.
You may be entitled to recover medical costs, lost wages both present and future, property damage, pain and suffering, any disability or disfigurement, and your out-of-pocket costs. But there's a statute of limitations setting the time you have in which to file any claim. So delay is not a good idea, even if you feel ill and in pain. Perhaps family and friends can help you find a good attorney, and then the attorney will help you with everything else.
Will Disputes LawyersBreaching of contract occurs when certain terms and conditions in a formal written agreement of two or more persons are failed to follow. It happens when one party in an agreement is not able to stick to what has been agreed upon.In a contract, when one side of the party refuse to perform completely what has been agreed on the exact date stated, it would be considered an actual breach. But inability to perform what has been stated in the bargain is announced in advance, this will be termed as anticipatory breach and the affected party can claim for the damages inflicted on their side by filing a case. A minor breach happens when the innocent party in a contract is only allowed to collect for the actual amount of the damages incurred to them. Material breach is when there is failure of performing one part of the written agreement permitting the affected party to demand for the damages.Fundamental breach of contract results when one party commits a serious breaching of term in the contract or even fails to perform what is stated in the agreement totally thus enabling the innocent party to decide whether or not to end the contract.The usual remedy when a contract is breached is through payment for the monetary damages by the guilty party based on the same amount the innocent party would have been in had the contract been successfully performed.The affected party must prove that there is an actual loss so that they can demand for the recovery of the damages incurred. There should be proper identification of the specific term in the contract that was breached. Having a contract put in to writing may not be necessarily done in every agreement, but it is still considered the best way to prevent those fraudulent claims to exist. With all the terms and conditions clearly stated in a contract, a person's best interest will be protected. Fraud is a form of dishonesty committed by a person for his personal advantage. Before signing a contract and agreeing to the terms and conditions written on it, be sure to read everything clearly. See to it that every term is understood and if in case there are terms you disagree with, inform the other party so that proper revisions may be made where both parties will approve.
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Federal Laws Regarding Worker's Compensation
The majority of "white collar" crimes are committed by salaried professionals using deception, as opposed to violence or force, to perpetrate theft or fraud. These crimes can be either misdemeanor or felony infractions of the law, and these types of crimes can be prosecuted in state court, federal court, or both.
There are many types of these offenses and most involved theft by deception or fraud. Such crimes include offenses such as:
o Bank Fraud
o Credit Card Fraud
o Tax Evasion
Individuals convicted of committing a white collar crime can face punishments such as fines, restitution, forfeiture, or imprisonment. Additionally, individuals accused or convicted of a white collar crime may be subject to additional consequences such as loss of employment and loss of pension. Situations such as these can threaten the financial stability and future of both the accused and their family.
In many cases, individuals under investigation for these crimes are aware that they are under investigation. Suspected individuals may be the focus of internal investigations or private investigations. White collar crimes do not represent an immediate threat to society; therefore, white collar crimes are often investigated by federal authorities for a year or more before charges are filed against an individual suspected of committing these types of crimes. Individuals who believe they are under investigation for a white collar crime should contact an attorney for assistance.
If you are currently under investigation, have been contacted by law enforcement for questioning, or have received a subpoena for records or testimony, you should contact a lawyer immediately. Individuals should never agree to speak with law enforcement officials in regard to white collar crime investigations until they have discussed the matter with their attorney. You want to be sure that information provided to law enforcement officers cannot not be used against you in court. For that reason, it is imperative to consult an attorney as soon as you learn you are under investigation.
Automobile Accident Attorneys
When you sustain an injury at work, you are entitled to worker's compensation as per your state's requirements. However, some there are several federal acts that work to protect your rights if you have been injured at particular jobs. These include the Black Lung Benefit Act, the Federal Employees' Compensation Act, the Federal Employer's Liability Act, the Federal Jones Act, and the Longshore and Harbor Worker Compensation Act. This article provides an overview of these acts, and a brief explanation of when injuries may deserve more than just workers' comp.
Black Lung Benefit Act (BLBA). Because of the terrible damages accrued by coal miners in their chosen field, the worker's compensation is federally regulated. Breathing coal dust causes things like pneumoconiosis, or black lung disease. This horrid illness can completely disable a person. For those who are wholly unable to work due to black lung disease, BLBA gives monthly monetary assistance to the victim and the victim's family, as well as providing medical benefits. Because black lung is so deadly, BLBA can also offer payments to the survivors of a miner who died of pneumoconiosis.
Longshore and Harbor Worker Compensation Act (LHWCA). Basically an extension of the Jones Act, the LHWCA provides benefits to workers that are not covered by the Jones Act. This includes compensation for both injury and disease that occur as a result of working on navigable waters.
Usually, a person can obtain financial help if they are injured on a job. However, sometimes injuries are beyond regular, expected occurrences. If someone acts negligently and causes you to sustain an injury, this can count as personal injury where you can sue for more monetary assistance.
For more information on personal injury law, check out the Phoenix personal injury law experts at the law firm of Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. today.
Commercial Law - Breach of Contract - Repudiatory Breach - Non-Performance
The overwhelming majority of healthcare professionals aim to do the best job they can, for our health, all of the time and for the most part are successful in their work. However, it is unavoidable that occasionally human error will arise and mistakes will be made, particularly when staff are subjected to substantial pressures due to factors such as targets and time restraints. When mistakes occur this is defined as medical negligence and if a patient suffers either injury or loss as a result of the negligence they may be entitled to compensation.
Medical negligence cases can arise from errors made by any healthcare professional, including doctors, nurses, surgeons and dentists, whether they work within the National Health Service or the private sector.
By definition each case is different with its own unique set of circumstances however there are a few common areas in which things can go wrong. Issues can arise from a delay in diagnosing a serious ailment, particularly an ailment such as cancer where the most effective treatments occur if the disease is caught in its earliest stages. Failure to diagnose a condition when there is sufficient evidence to do so can not only allow a condition to worsen unnecessarily but also mean that the required treatment, if and when the condition is finally diagnosed, may carry greater risk and consequently is more likely to lead to injury.
In the case of surgery - whether it be medical or cosmetic surgery, neurosurgery or testicular surgery - expertise and risk management are the principle areas of potential negligence with the need for healthcare professionals to reduce the likelihood of infections, complications and side effects. When mistakes occur surgeons, anaesthetists etc, may have either failed to treat the relevant problem sufficiently or caused harm to otherwise healthy parts of the body. Negligence may also be encountered if the post-operative care is not carried out properly.
Whether you have suffered financial loss, physical or mental harm, or in the worse cases when negligence has led to the death of loved one, it is vital that you seek out the best advice you can find to ensure that your Medical Negligence Solicitors get you the compensation you deserve and ensure that the chances of mistakes being made in the future are minimised.
All You Need To Know About a Personal Injury Lawyer
A civil litigator who gives legal representation to applicant declaring a psychological or physical injury is known as a personal injury lawyer or trial lawyer or plaintiffs. This can be the result of a careless act of another organization, person or entity.
What Are Personal Injury Cases?
Cases involving injury to the body or mind are considered as personal injury cases. Here are few examples of such cases:
• Boating Accidents
• Defective Products
• Construction Accidents
• Motorcycle Accidents
• Medical Malpractice
• Wrongful death
Duties of the Lawyer
Personal accident cases are handled from the beginning through applications by the personal injury lawyer. The lawyer carries out work same as that of the litigators.
Employment outlook of the lawyer is excellent. Reasons like a stricter economy, uncertain economy, company growth have led to the increase in litigation in the recent litigation trend survey. Thus, the tort reform suggested changes in the common law civil justice system shall decrease tort lawsuits and the cap damage awards may potentially decrease the amount of claims filed and the number of damages recovered.
A personal injury lawyer declares an injury as a result of a careless act. There are many cases that come under injury of an individual, they are boating accidents, medical malpractice, etc. A personal injury lawyer earns a good amount of money as salary and they have several employment opportunities.
Child Custody - Who Should Have Custody of Your Kids?
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".