Oct 22
by Litigating Devil

The statistics for auto accidents are amazing. It is thought that everyone will be in at least one car accident in their life. The trauma that will be a result of that accident no one knows.

Some of the injuries that occur during an auto accident are whiplash, paralysis, muscle injuries, head and brain injury, and joint and bone injuries. In some cases it is necessary to file a lawsuit if there has been personal injury or property loss involved. A personal injury lawyer can help you obtain the costs of medical treatment, loss of property, and a loss of wages.

Personal injury law covers a very big area. Most of the cases involved in personal injury law are accidental, only few are done on purpose. The main reason for personal injury lawsuits is caused by carelessness.

Many personal injury cases are caused by car accidents, or mishaps that are bus, train, or airplane related. Some are referred to as premises liabilities which are simply put, a slip and fall or something that happened as a building malfunction. Professional laxity is also covered by personal injury lawyers; this would include neglect by nurses, physicians, or other professionals.

Personal injury lawyers usually resolve claims either with the person who is at fault or their insurance company. Some of these cases never make the trial, but end up being settled by arbitration. If a large amount of money is involved, it is always preferable to hire a lawyer injury.

When you are engaged in personal injury law allows claims for medical expenses, lost wages, compensation for loss of work, pain and suffering, loss of quality of life and disfigurement. If a death is involved laws are generally governed by the state. The laws vary from state to state in regard to the requirements and restrictions.

The amount to be requested or granted will depend on the extent of any injuries. It is not possible for a person to know that their application is worth the exception of hiring a lawyer. The more experience that the lawyer has the more likely it is that you win your case.

Most of the time, insurance companies will advance and propose a settlement. It’s not always in your best regard to accept because they will usually offer you a lot less than you would have been awarded had you hired an attorney. Be careful. even if the offer sounds good.

Insurance people and policies seem to have a language of their own. This can be very confusing and very misleading. Without an attorney you very well may be taken advantage of.

If you have any doubt whatsoever then you need to hire a lawyer. If there is any dispute over who is at fault then hire a lawyer. If anyone is seriously injured then you need to hire a lawyer.

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written by Robert Eagle

Oct 21
by Stephen Trezza

The state of Arizona is what is called a “no fault” divorce state, meaning an individual is not required to show cause when getting a divorce. (With the exception of something called a “covenant marriage,” which this article will not cover.) In Arizona, one party from the marriage only has to allege that their marriage is irretrievably broken without prospects of repair. This is the threshold that needs to be shown in the initial Petition for Dissolution. The other party can contend that the marriage is not irretrievably broken and file a responsive pleading to deny this allegation. When this occurs, the case is then moved to the Conciliation Court, and here the couple must attend at least one counseling session about their marriage (sometimes more if both individuals agree to it). However, if the counseling effort proves insufficient and one individual still wishes to pursue the divorce, then the case is routed back to the Superior Court to continue.

A divorce starts with a Petition for Dissolution and some other documents. These documents are filed in Superior Court and served on the other party.

This process serving is typically done in any of four ways:

1) Delivered by a Certified Process Server;

2) Acceptance by the individual of Service of Process;

3) Certified Mail (using restricted delivery);

4) Publication

The other party will often sign the “Acceptance of Service of Process” in an uncontested divorce. In an uncontested divorce this document and many others can be taken care of by a licensed paralegal (also called a legal document preparer). Arizona is the nation’s first state to license its paralegals. To get a license, individuals must have obtained practical experience and need to have accomplished a high level of education. They will take an exam given by the Supreme Court of Arizona. If they pass the exam and display a high level of character and fitness, then they will receive their license. An adept, licensed paralegal can properly handle uncontested divorces in Arizona.

Contested divorces, on the other hand, often need a lawyer as well as a certified process server. (Process must be served within 120 days of the filing of the Petition of Dissolution.) Without an understanding of Arizona Rules of Family Law Procedure, trying to represent yourself in this process can be very difficult.

Once service of process is complete the path of the case is dependent upon whether it is a contested or uncontested case. Contested cases will go through a discovery process. The main purpose of the discovery process is so that each party can gather all the necessary information, both personal and financial, about the other party. There are multiple tools and procedures that may be used in the discovery process including depositions, interrogatories, request for admissions and subpoenas. After the discovery process is complete then a Motion to Set Trial is filed, and the Court will issue a scheduling minute entry setting the trial date, a settlement conference date and a deadline for the pre-trial statement to be filed. This process can be short-circuited at any time if the parties reach a settlement. In that case a Consent Decree can be drafted which both parties will sign and the case will be over.

The process is much simpler for an uncontested case. After service of process is complete all there is to do is file an Application for Default 21 days later and wait out the statutorily mandated 61-day waiting period and file a Decree of Dissolution. Your paralegal will keep track of the timelines and deadlines and guide you through the process.

Since attorney fees are much higher than paralegal fees, using a paralegal is an excellent option, especially for uncontested divorces. By licensing paralegals, the state of Arizona has helped its citizens tremendously through the divorce process.

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written by Stephen Trezza

Oct 13
by Shamus Gretskin

Workers compensation can be important if you’ve suffered and injury on the job. However, most of us don’t know much about it, such as when we make a claim, or whether we need a workers compensation lawyer when our cases are handled unfairly.

If you’re not sure how the claim process works, a little research might be the solution. It’ll tell you how workers compensation functions, and what the best way to deal with your claim will be.

When To Submit A Claim

One area you’ll need to be clear on is when it’s appropriate to submit a claim for an injury or accident. Not every incident needs a workers compensation claim. When you’re injured mildly and need no medical attention, submit the right report or form to your employer - you don’t need to make a workers comp claim.

If medical attention was needed, you should make a report, then lodge a worker’s compensation claim. Remember that there’s a space of only twelve months from the date of reporting the injury or accident in which a claim can be submitted.

What Kinds of Injuries Should I Make A Claim For?

If you just have a minor bruise, cut, or abrasion that’s not disabling, you might not need to file a claim. Serious cuts, broken bones, dislocations, or other injuries that can affect your daily functions require a workers compensation claim, however.

How To Make A Workers Compensation Claim

Step one is to submit the appropriate report to your employer, so that they will know the incident occurred. You will also need a Worker’s Compensation certificate from the doctor that initially treated you. These forms will help you get the claims process started.

Your employers is required to issue claims forms as soon as possible after an incident. That means that they might be issued to you in person, or they could be posted to your home. After you’ve received these forms, the law gives you twelve months to make a claim.

Once you’ve finished filling your forms out, it’s time to turn them into the correct authorities and get the claims process going. Once they’re received, your employer and their insurance company will have a specific amount of time to address the forms. Employers often have three days, and insurance companies seventeen days in which to determine liability and contact you with information about their decision.

What If Things Don’t Go As Planned?

While most employers behave honestly and process worker’s compensation claims as they’re supposed to, some make errors or deliberately attempt to obstruct your claim. Insurance companies and other bodies may do this as well. If you believe that you’re being treated unfairly, it might be time to consult with a workers compensation lawyer.

The workers compensation system can seem complicated if you don’t know what you’re doing, making hiring a workers compensation lawyer a smart choice. If you’re not sure what the time limits and laws are in relation to your claims, talk to someone who has the experience to help you get the right compensation. Your solicitor helps you by providing representation at hearings, explaining the details of your case, and getting you through the system to a fair result.

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written by Eran Malloch