What to Do if a Loved One Suffers Severe Brain Injury

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It can be difficult to consider anything outside of a loved one’s health after they have suffered a traumatic brain injury, or TBI. However, in many TBI cases, there will come a time where important decisions must be made involving the loved ones medical and financial well-being. While it may seem a bit cold, keeping a mind on the practical considerations is a key way that someone with this kind of injury needs your support. Your search for information on the legal ramifications of a TBI should begin with an attorney who has experience in these sensitive matters. As every case is unique, it’s important to take advantage of the free consultations offered by law firms like the Law Office of David Heil so they can help you through the process of acting on behalf of your injured loved one. It should also provide a foundation of questions to ask when choosing the right attorney to work on your behalf, which is important when navigating these complex waters during a difficult time.

Guardianship

If the injury is serious enough, your loved one may be in an incapacitated state for a lengthy or indefinite amount of time. Often in this scenario, the injured party has financial responsibilities and assets that, if left unattended due to injury, can become costly. It’s important to go over available options with a support team of family members, doctors, and attorneys to formulate a plan that ensures the interests of the injured are protected. If they are unable to fully manage their estate, you’ll need to strongly consider a legal guardianship.

A guardianship, as it relates to an incapacitated adult, is somewhat similar to how it pertains to a minor. Like a minor, a guardianship in an injured adult is usually court appointed and allows the guardian to act on behalf of the other individual. However, unlike most minors, an adult is likely to have assets that need to be managed by another until such time when the injured party can resume duties. There is no over-arching federal law regarding guardianship, so the relevant legislation will vary from state to state. In addition to varying laws you can expect varying terminology from state to state as well. Some states will use the term “incapacitated” for someone after a TBI while other states may use the word “incompetent”. Regardless of the terminology, an attorney can assist you in obtaining legal guardianship so you’re able to take on essential functions until your loved one recovers.

injury

Guardian Functions

Protecting financial assets is just one the many responsibilities that fall under the role of a guardian. Of course, not everyone can serve as guardian for someone who has suffered a TBI. The responsibility typically falls on a spouse, parent, sibling, bank or money manager depending on the issue. It also isn’t uncommon to see co-guardianship granted to multiple parties in more complex estates. However, too often there can be disputes among parties on who should make important decisions that could hurt the interests and health of the injured party. You may also be dealing with additional outside pressures, which is why it’s best to engage a lawyer for guidance on how to go forward with the essential functions of a guardian. Some of these functions include:

  • Applying for benefits such as Social Security Disability, Supplemental Security Income, or state medical benefits
  • Retaining an attorney to investigate the cause of the accident and seek restitution in an injury case.
  • Institute legal actions to protect the incapacitated person’s rights against insurance companies or those who caused the accident
  • Legally advocate for the incapacitated person’s rights and best interest
  • Safeguard the incapacitated party’s finances
  • Keep records of financial transactions and open bank accounts and write checks for the injured party
  • Legally refuse or limit access to medical records in order to protect the individual’s rights to continued health care and insurance benefits
  • Give authorization for inspection of medical records
  • Release medical information to entities such as public assistance, workers’ compensation, and Medicare/Medicaid
  • Consult with doctors and make decisions regarding proper medical treatment

While this information is meant to be helpful, it is only a drop in the bucket when compared to the help most people need when faced with a difficult family situation. While it is hard to think about anything other than the health of your loved one, as an appointed guardian (or someone who is considering assuming that role) you need to be the anchor for your family and the injured party.  The health of your loved one should always come first, and for that you have a team of doctors. For every other interest, you’ll need a support team that wouldn’t be complete without an experiencing attorney to help you perform the essential functions of a guardian.

About the author:

Brian Levesque is a freelance writer who contributes on various topics of modern living, bringing his practical experience out through articles and advice columns.

 

5 Ways Your Business Attorney Can Help You

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If you’re in business and you don’t want to run the risk of running into legal complications, then you might want to hire a specialized business attorney to help you. Most people in business tend to shy away from lawyers because they feel they can’t afford an attorney’s services, but in many cases it’s just the opposite: you’d rather have a lawyer today to sort out your business than to pay fines, levies, or other penalties later. There are many different ways in which a business attorney can help you run your business, especially if you hire a specialized business attorney to give you personalized advice. Let’s take a look at five ways that a business attorney can help you establish and run your business.

Drafting Agreements between You and Your Clients

In many instances, business owners attempt to draft contracts and proposals themselves, only to be stuck in a quagmire of legalities later. To avoid the dangers of a faulty contract which favors your clients more than it does you, why not hire a specialized business attorney to draft out these documents or peruse through your contracts to ensure everything is above-board? The devil is in the details with contracts, so it’s better to get them reviewed and approved by an experienced legal advisor. Your attorney can also coach you on the type and context of language to use so you don’t get stuck having to deliver more than what you intended to promise. Your attorney can also advice you if they think you’re over-promising on milestones and value.

Business Attorney

Advice on Making Hiring and Firing Decisions the Legal Way

There are plenty of laws that need to be followed when it comes to hiring and firing people. If you need to hire additional staff or lay off someone, you need to do it the right way so that this decision does not come back to haunt you. Taking this into account, you need to learn how to comply with state laws and federal laws regarding human resources. When you hire a specialized business lawyer, they can help you ensure compliant as well as advice you on classification of employees. Complying with employment laws saves your business significant hassles in the long-term.

Defense Against Lawsuits

Another very important point to make when it comes to lawyers is that they help you in fighting lawsuits. You might have upset a client or an employee, which is where you need to have a good business attorney on your side. All business owners run into trouble at some point, since that’s the cost of doing business. An experienced business attorney can often resolve the situation before it ever makes it to the courtroom.

Looking into Lease and Purchase Agreements

Whether you’re looking to lease or buy a property for your business, you’re going to have to sign an agreement. Before you do so, have your lawyer vet the agreement and advise you on whether the contract is free of all loopholes. Your attorney may also be get you a better deal or more favorable terms, if you pay them to negotiate on your behalf.

Updating on Business Regulations Changes

Business regulations change quite a bit, from year to year and from state to state. Why not hire a specialized business attorney to take you through the changes annually so you can proactively prevent any mistakes from happening which could cost you later? Be it HR issues, franchising regulations or tax reviews, it’s always better to be safe than sorry.

So if you’re looking to protect yourself and your business, consider hiring a business attorney today. This is one investment you’ll never regret.


About the author: Tara Smith is an experienced paralegal, who works with business clients throughout the Pacific Northwest on a range of business issues.

Holding a Party? How to Protect Your Guests from Harm (and You from a Lawsuit)

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Even an experienced host or hostess can get caught in a legal bind after a party gone wrong. There are many things to consider before offering up your residence for the next holiday or office party. It’s important to learn what you are responsible for as a host/hostess to protect your guests from dangers and yourself from legal troubles. Following the advice below can minimize your risks and keep guests safe while in attendance and after they’re gone.

Before the Day of the Event

Be Selective in your Guest List – Keeping in mind how many guests your residence can accommodate, carve out a guest list that is appropriate for the size. Leaving a little extra space is a good idea as unexpected guests or “plus ones” are likely to push the number of attendees higher. Think about excluding anyone who may get aggressive or unruly in the presence of alcohol or another guest. A fight could lead to injuries and a lawsuit to follow.

floorSkip the Food Prep and go with a Caterer – Friends and family may be excited to try your delicious appetizer or famous cheesecake but hiring a caterer can limit your liability. Shopping for discount items to minimize costs can be more expensive in the end if a guest suffers a foodborne illness. With a caterer, if an illness or injury occurs as a result of food, the liability lies with the caterer and not with you. If the party isn’t expected to be large, simply ordering trays from a grocery store or restaurant can achieve some of the same result. Just be sure to follow the store’s recommended storage and prep guidelines.

Baby-Proof the House – Putting away any fragile items and locking all doors and cabinets harboring unsafe materials can keep hazards to a minimum and ensure guests go home in their cars rather than an ambulance. If you have a pool and it isn’t featured in the event (i.e. pool party) then be sure to cover it and have it locked or barred if possible. As a bonus, this will keep expensive or fragile items from breaking and avoiding an awkward situation if an item is damaged by a guest, or worse: the need to engage the services of David Heil.

During the Event

Park Responsibly – Having a detailed plan for parking guests’ vehicles is a good idea. If space is limited in your driveway, asking neighbors if you may park your personal cars in their driveway can free up space. If you have a good relationship with your neighbors, you can ask if guests may park there as well. Just be sure to note which houses are appropriate in the invite to avoid a nasty visit from local authorities. If street parking is available make sure you note that in the invitation as well and be specific about which side of the street is allowed.

Be Mindful of the Noise – Many communities have noise ordinances — a party that gets a little too loud is vulnerable to being shut down, and the host/hostess being issued a citation. Even if your area does not have a specific noise ordinance, a catch-all “peace and order” statute can be enforced by police for parties in response to loud parties.

Serve Responsibly – If alcohol is going to be present at your event be sure to monitor the situation constantly and closely. Over-served guests should not be allowed to drive for their own safety, as well as that of others on the road. Knowingly allowing an impaired guest to drive off from your party opens you up to liability if that person injures another on the road. Also, be sure never to serve alcohol to minors under any circumstances. It’s easy to conclude that older minors “aren’t leaving the house and a drink will be harmless.” If one thing is certain, is that it’s impossible to know what a teenager will do at any times. It is simply not worth the risk, even if the teen’s parents say it’s ok.

After the Event

Clean the Outside of Your Home Right Away – When the dust settles, your guests have left safely, and you’ve concluded a successful party, it is advised to get on the clean up right away. Feel free to get to the inside when you can but cleaning the outside right after an event can save you a lot of headaches the next day. Many subdivisions and municipalities have nuisance and sanitation ordinances, and fines for those who violate them. Cleaning up right away keeps your neighbors happy and will make it easier to host in the future.

About the author:

Brian Levesque provides advice for individuals and businesses, addressing practical concerns in a down-to-earth manner.  He also provides music for beach-related events, having been a Florida resident for some years.

How to Become a US Citizen Through Naturalization

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For decades, tens of millions of people from all across the globe have dreamed of traveling to the one country where they believed anything could happen – the United States. In decades past, it was quite easy to become a U.S. citizen, as merely showing up and passing through an immigration point of entry was the biggest hurdle for many impoverished citizens of other countries. Today, however, the U.S. citizenship process is a series of hurdles, obstacles and painstaking ordeals for those who don’t meet very specific criteria. In the following article, we will walk you through the process of becoming a U.S. citizen via naturalization.

US Citizen Through NaturalizationAssessing Eligibility

The first part of determining whether or not you qualify to become a citizen via naturalization is to ask yourself a couple of simple questions. The first is simple enough: are you already a U.S. citizen? If one or both of your parents are citizens and you were born abroad or if your parents become naturalized while you were a minor, then you may already be a citizen. If you do not fall into either of these categories, then you may qualify for naturalization if you are at least 18 years old and have been a permanent resident in the country for at least five years. You can shorten that five year period to three years if you are married to a U.S. citizen and meet other requirements. To learn more about those requirements, you will want to consult with an immigration lawyer in LA such as Nelson & Associates.

Prepare Naturalization Forms

The federal government requires that federal form N-400 be prepared and filed with the department of U.S. Citizenship and Immigration Services before naturalization can truly begin. You will need to submit the application, passport photographs, documents and fees along with the form itself. This all will be submitted via mail to one of several naturalization offices around the country. In addition to this, other forms – such as N-648 for medical certification of disability – may also need to be included, depending on your specific circumstances. Once submitted and processed, you will be asked to go to a biometrics appointment where fingerprints will be taken and a criminal background check will be processed. If you are 75 years of age or over, then you are exempt from the fingerprint requirements.

citizenshipThe Final Steps

You will be asked to go in for an interview once the naturalization process is proceeding as planned. You will be asked questions about your form N-400, asked to take English and civics tests and will ultimately be provided with the results of your interview and examination. USCIS provides self-testing in order to prepare for the citizenship tests. Your application will be placed in a continued status if you fail one of the civics or English tests, or if it is determined that you need to submit more evidence. A written notice will ultimately be provided to you that states whether or not your application for citizenship via naturalization was approved. If it was not approved, an appeals process is available. If approved, you will be given a notice to take the Oath of Allegiance and become a U.S. citizen.

Salaried Employees: Why You May Be Entitled To Overtime Pay

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Earning a salary is typically something that is sought after as opposed to an hourly paying job. The thought is that a salaried position comes with higher stability, benefits, and a steadier pay rate.

Unfortunately, salaried employees also relinquish their ability to earn overtime pay. If you are a salaried employee working 50 hours a week, this may actually be working against you. One common misconception among salaried employees is that all salaried employees are exempt from earning overtime pay.

However, this is not completely true. While the vast majority of salaried employees are exempt from overtime pay, there are some exceptions to the exemptions. There are two factors that determine these exceptions.

Salary Amount

The first factor in order for a salaried worker to qualify for overtime is the amount they earn per week. This is the more basic and very distinct of the two factors. If you are earning less than $455 per week, you can still qualify for overtime.

If you are a salaried employee earning $455 or more per week, you are not eligible for overtime. The other exemptions is a little less clear and has to do with job duties.

Job Duties

The other factor determining whether or not you are eligible for overtime or not is the duties performed by the employee. This is often considered the “duties test”.

This exemption from overtime relates primarily to employees who perform higher-level work which involves judgement or discretion. These exemptions are often referred to as “white-collar exemptions”. The purpose of this exemption is to restrict traditional white-collar employees for earning overtime without exempting traditional blue-collar jobs.

One key consideration for this exemption is based on the “primary duty” of the particular job. This means that in order for an employee to be exempt due to “white-collar exemptions”, it needs to be principal, main, major, or most important job duty the employee performs.

Luckily the Department of Labor had enough foresight to build into the exemption that the job title holds no basis in this determination. For example, an employer may want to make an employee exempt so they change that employee’s job title to “Managing Supervisor”. However, if there is no managing or supervisory capacity in that employee’s actual job duties, the exemption does not apply.

Typical Exempt Job Duties

Three typical categories of exempt job duties. These exemptions mean that the employee is not entitled to overtime pay. Those three categories are executive, administrative, and professional. Let’s take a look at how these three categories are actually categorized.

Executive

Executive job duties are considered exempt and are determined by a three part test. The first is that the employee has a primary duty of managing the enterprise, department, or subdivision of said enterprise. The second part of the executive determination is if the employee regularly directs the work of two or more full-time employees or their equivalent. Finally, to be deemed an executive, the employee must have the authority to hire or fire other employees, or at least influence the employment status decisions.

Administrative

One of the more challenging classifications to determine is the administrative exemption. In addition to the salary test, a two part test is used to determine if the duties performed by an employee can be deemed administrative.

The employee must satisfy both of the following requirements. First, the employee’s primary duty must be to perform office or nonmanual work that directly relates to the management or business operations of the employer and his or her customers. Secondly, the employee’s primary duties includes discretion and independent judgment in significant situations.

A common misconception is that all employees in a secretarial capacity would be exempt. However, most clerical work, while administrative, is actually not exempt.

Professional

The exempt category of “professionals” is often thought to be made up of doctors, lawyers, and teachers. However, this category includes other professions. Two types of professionals can be included in the exempt “professionals” category. Those two are learned professionals, and creative professionals.

A “learned professional” is determined by a three prong test. The employee’s primary duty consists of work requiring advanced knowledge. Advanced knowledge work means that the work is intellectual in nature which includes exercising judgement and discretion. Any routine mental, manual, mechanical, or physical work is not considered advanced knowledge.

The second prong of the test is that the advanced knowledge must be in a field of science or learning. This includes areas such as law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, chemical and biological sciences, pharmacy, and other professions that can be distinguished from mechanical or skilled trades.

Finally, the advanced knowledge must have been acquired through extended course or specialized instruction. Basically, this means the employees have obtained advanced knowledge through some combination of experience and intellectual instruction. It does not apply to professionals where the academic training is a standard prerequisite. For example, a carpenter may have been highly trained but does not fall under the professionally exempt.

How To Track Your Hourly Wages Properly

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Tracking your hourly wages is a surprisingly underutilized task in today’s world. With so much automation, it is highly unlikely to find an hourly worker that keeps track of their hourly wages personally.

However, despite all of our advances in automated tracking, it is incredibly important for employees to track their hourly wages. It will allow you to identify if there are any discrepancies on your paycheck. Those that refuse to track their hours are putting themselves at risk of not collecting 100 percent of wages.

Tracking your hours properly is incredibly important. In order to so, you need to figure out the way you are most likely to keep track of things on a daily basis. For example, some people prefer an old fashioned pen and paper while others prefer a computer spreadsheet. No matter which you choose, the output should be the same.

Keep It All In One Place

One of the first things you want to do to keep track of your hours worked, is figure out where you are going to keep everything tracked. Purchase a simple daily calendar that you can write on, start an Excel Spreadsheet, or start a Google Sheet that you can edit from almost any device.

This notebook, calendar, or digital spreadsheet will serve as your hub for all of your hourly tracking. It is important to not only record the hours that you are schedule to work, but more importantly, the hours that you actually did work.

So for example you may have two sections for each day worked; hours scheduled and hours worked. It is important to note these changes because it is very easy for a supervisor or manager to input into the system the hours you were scheduled to work, as opposed to the hours you actually worked.

Keep Track After Every Shift

One of the quickest ways to fail at keeping track of your hours worked, is to skip days while recording. Tracking your hours is something you should get in a habit of doing immediately after your shift is over.

If you don’t, there is a high likelihood that you will forget the hours you worked or you won’t remember to record them at all. Your best bet is to get in a habit of immediately recording your time worked prior to leaving your job.

Understanding Your Paycheck

Tracking your hourly wages properly involves understanding your paycheck to the fullest. You need to know where to look to match up the hours that you have recorded with the hours that are reported on your check.

However, before you start matching up figures, you must know your pay rate and pay period. Your pay rate is the rate at which your supervisor and you have agreed upon in terms of how much you will be paid per hour. The pay period, is the amount of time that each paycheck takes into account. The vast majority of companies use a two week pay period, however they can also use a weekly or monthly pay period.

Both of these should be identified on your paycheck. Your hourly rate will be under a column called “Rate” in the same row titled “Regular Rate” or something to that effect.

Also in this “Regular Rate” row will be the number of hours you worked within the pay period. This will be under a column called “Hours”. This figure is what you want to compare with the hours that you have been so diligently tracking.

Take all of the hours you’ve worked within the pay period and see if they match up to the number listed in the “Hours” column. Take that number and multiply it by the rate and you’ve got your gross pay! However, your take home pay is much different due to Federal and State taxes, along with social security, and medicare. That is a whole other story that we won’t get into in this article.

There’s An App For That

You’ve heard the saying a million times; there’s an app for that. Well, there just so happens to be an app for tracking your hours. The Department of Labor actually created one for individuals looking to track their hours worked. DOL-Timesheet helps you to record the amount of hours you worked and calculate how much your employer should owe you. It can even include overtime pay.

For Android users, you can try out Timesheet, an app that will let you track hours on projects worked. Just consider your job the “project” and you’ll be able to easily record your time worked.

Benefits of Hiring Personal Injury Lawyer Washington from Tario & Associates

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Accidents may happen in our life, and in many cases we are solely responsible for the mishap. While many times, we get into the accident without having real faults. The number of auto accidents in the USA is rising day by day which is a poor sign of the airiness of the people, as well as the sign which marks that people are not abiding by the traffic laws precisely. Running a car with rush of blood may affect you in many ways.

personal-injury-lawsuitAftermath of Accidents – Legal Hassles

We all know the consequences of the accidents; though do not take proper measures while driving. However, this is the precaution or safety part which has nothing to do with if you had been in an accident, without having real faults. In such condition, you are eligible for claiming compensations for your personal injuries that have taken place due to the impact of the accident. The party, who is guilty for the accident is solely responsible to provide you the compensation amount for your physical, mental, as well as financial damages. However, the guilt of the person has to be proved in order to receive compensation.

How the Legal Process Works?

In case of street accidents, it is very difficult to prove innocence of a party as street accidents are generally considered as the fault of both the involved parties. In such cases, one needs a good Personal Injury lawyer Bellingham to deal with the court affairs. Auto accidents are defined into different categories, depending upon the type of the car. The nature of damage completely depends upon the type of car involved in the accident. For example, a four wheeler car damage is greater than the damages done by a motorcycle or a two wheeler. On the other hand, giant four wheelers like trucks can do severe damages and thus, compensation amount becomes higher.

Personal Injury Compensation Claims

Generally, the guilty party has to bear all expenses for damages that have been done due to the accident to the other party or parties. If the losses are financial, then the alleged person has to compensate all those financial losses. If the losses are physical or mental and if the victim is under the supervision of the doctors, admitted in a hospital, then alleged person has to bear all expenses regarding the medical expenses of the person. In case of hit and run type accidents, if the victim dies, compensation should be made to the family of the victim.

Tario & Associates is a Washinton based organization, which renders legal support to the clients. The organization is working from 1979, and for a long period of time, it has successfully resolved many legal issues for its clients.

Using A Private Process Serving Firm

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Serving papers is usually a straightforward process that can be accomplished via messenger or through the post. But when the person wants to avoid being served, another approach has to be made. Legal process can be considerably delayed if you are unable to serve the documents. In times like these, it’s best to use a private detective.

Private process serving firms have experience and knowledge to successfully serve those individuals who are trying to avoid the action. While some people think this can be easy because they saw how it’s done on the TV, the reality is completely different. People who are looking to avoid being served will run, strike, be volatile and do a lot of other things to avoid being served. And this is exactly why you need a professional, someone who can quickly and efficiently complete the job and allow for the legal process to continue.
process servingBefore you decide to hire someone, you do a little bit of research. The same thing goes with finding the right process serving firm, you need to do your research and determine which firm could complete the task for you.

Your best option is to go for a private process serving firm that has been in this business for a while. They will have experienced private detectives who will be able to quickly track the person you seek and serve them your documents.

Another important detail is to find out what kind of confirmation the firm will provide. We can all agree that this is important as it will prove that the documents have been properly served. When you have the right confirmation, the recipient won’t be able to claim that he never received the documents and further delay the legal process.

Once you decide on the process serving firm, you will need to provide them with the information they need to locate the individual that you are looking to serve papers to. You will also have to set a timeframe within which the papers have to be delivered. And the rest is upon the private detectives. They will locate the person for you, even if they are abroad, and deliver the papers to them. Once they provide the confirmation, the court proceedings can continue.

What Questions To Expect From A Litigation Lawyer

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Every lawyer needs as much information as possible to handle the case correctly. But, before the lawyer actually accepts the case, he needs to have a talk with the client, which is called the first interview. There will be some specific questions the client will have to answer to so that the lawyer can determine if he is able and willing to take the case and represent the client.

If you are looking for a lawyer, you should be prepared to answer a lot of questions. The first one will be: why do you need legal services? By explaining your reasons, generally of course, you will provide enough information ofr the lawyer to determine if that’s the kind of case he could handle or if he should forward you to another, more appropriate lawyer.

The next question is about your previous lawyer, if you had any. It sometimes happens that clients terminate the services with one law firm and choose another. Also, it can happen that the client needs additional legal help and that the new lawyer will have to work with one, two or more other lawyers the client already hired. In any case, the current lawyer could get help from the previous lawyer in form of information, which would increase the change of winning and speed up the whole process.

Lawyer InterviewThe first meeting is important for both client and lawyer because this is the time when the biggest decisions will be made. In order to determine whether to represent you or not, the lawyer will ask you about your financial situation. While the first meeting may be free, the next one will not. This is why it is important for a lawyer to ask and determine if you are able to pay the future fees. In case you feel the rate is too high, you can ask for a recommendation, considering there are other lawyers who have lower rates.

You will be asked about your criminal record. Also, you will have to provide information about any people who can benefit your case and about those who can damage your case. If there are any witnesses involved, you will need to provide the list that the lawyer will use in order to figure out have you been telling the truth about your case or not. You may feel this is a bit too much, but this is how the lawyer protects himself from the clients who aren’t telling the truth.

You can expect more questions, besides the ones mentioned here. A smart lawyer will ask you about your current legal problems and your desire to fight for your legal rights. While you speak, he will note all the important points. Experienced lawyers will let their clients speak, they won’t interrupt them because they will get more useful information if they are not interrupting their clients. After you say everything you have about the matter, you can expect a couple more specific questions. These are necessary – your case will be stronger and you will have a better chance to win a case.

There are certainly more information you want to learn about when it comes to hiring a suitable lawyer. I won’t go into details about that subject on this post, but if you need a reliable and trustworthy legal representative, you should check out Allen Park lawyers. If you don’t know where to start and you have a lot of questions about your case, you should reach out and book an appointment.

Good luck with your case!

Understanding Your Rights To Claiming Compensation For Asbestos Related Diseases

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Each year, thousands are diagnosed with asbestos-related diseases, many of which are due to negligence on behalf of previous employers. Whilst the dangers of asbestos have been known for many years, it was only in late 1999 that this deadly material was once and for all banned and, unfortunately, prior to that, usage was widespread and many employers failed to take the correct measures and safety precautions to prevent employees from breathing in the fibres. Prolonged asbestos exposure over time can cause a number of different diseases including asbestosis, mesothelioma, pleural plaques and lung cancer and, in order to take a look at your rights to claiming compensation if you’ve been diagnosed with any of these diseases, we’ve teamed up with UK based asbestos solicitors, Asbestos Advice Helpline.
gI_86408_asbestosWho Can Make A Claim?

Anyone who has been diagnosed with asbestosis, mesothelioma, asbestos-related lung cancer or pleural thickening may be entitled to make a compensation claim if there are suspicions that the cause is due to negligence of a current or former employer. It is important to note that a claim must be started within three years of diagnosis. As such, it’s important to seek specialist legal advice as soon as you receive a diagnosis.

Upon enlisting the help of specialist solicitors, they will look to investigate whether your previous employer still exists and, if so, who their insurance company is. It is also possible to pursue a claim even if the employer is no longer trading. Your solicitor will handle all of this for you and arrange copies of any medical documents relating to your condition which will be needed to pursue a claim and to prove the potential value.

It is not uncommon for asbestos-related disease claims to settle for £200,000 or more in some instances where mesothelioma is the disease in question. Whilst asbestosis and pleural thickening claims rarely settle for as much as mesothelioma and lung cancer claims (which are rarely less than £50,000 however almost always less than mesothelioma claims) however can still settle for anything between £10,000 and £40,000 for pleural thickening and £10,000 and £80,000 for asbestosis.

If you’ve been diagnosed with an asbestos-related condition, compensation could provide a significant financial boost to you and your family to cover necessary expenses during this difficult time. We strongly recommend you speak with a specialist solicitor as soon as possible and discuss your case with them in more depth.