Archives for March 2020

Why is it Essential to Hire a Workplace Injury Lawyer?

Arizona residents are legally entitled to receive compensation if they sustain any temporary or permanent injuries at their workplace. They can make claims for the medical expenses they incur for treating their injuries as well as for the wages they lose out on while being unable to work. However, the process of filing the compensation claim is complicated, and there may be many legal issues to contend with. By hiring a workplace injury lawyer, Phoenix residents can make sure that they receive the full benefits and monetary compensation that they are eligible for.

Here’s why it is essential to hire a workplace injury lawyer Phoenix:

They will help you navigate through complex legal issues

After you have sustained a workplace injury, you must inform your employer about your accident as soon as possible. The state law requires all businesses in Arizona to have workers’ compensation insurance, and your employer is legally obliged to send you to a medical provider in their insurance network. They must also report workplace injuries to their insurance company and the Industrial Commission of Arizona (ICA).

If they fail to do so, you must go to a medical facility on your own and tell the doctor that you got injured at your workplace. You must also file a workplace injury compensation claim with the ICA within one year of your accident. The ICA will review your claim and determine if you can qualify for the benefits you require.

The filing process can be complicated, and if you are not aware of all the legalities, you might end up getting less than you deserve. With a workplace injury lawyer to navigate through the legal matters on your behalf and look out for your interests, however, you can concentrate on recovering from your injury.

They will communicate with the insurance company on your behalf

Most insurance companies will make an effort to save as much money as they can. Which means, getting compensation from them isn’t going to be a walk in the park. They will try to find anything they can on you—for instance, if you have a pre-existing condition—to avoid having to pay you or to pay you less than you deserve. They may also drag out the matter and be tardy about the payments.

It could be rough and stressful for you to deal with the insurance company on your own, especially if you have little or no understanding of how the legal system works. That’s why it helps to have an experienced workplace injury lawyer to communicate with them instead.

They will represent you in any claim-related litigation

If for some reason, the ICA rejects your claim, you will have to file an appeal within 90 days of the issuance of the claim denied notice. You will have to attend a hearing and present your case before the ICA. Unless you have legal experience, it is a good idea to let a skilled workplace injury lawyer represent you at the hearing.

They will protect your legal rights

The compensation and benefits you can get depend on whether you have sustained a temporary or permanent disability due to the workplace injury, how many days you were unable to work, and what your total medical expenses are. If a third-party was responsible for your accident, then you may also be able to file a compensation claim against them. The lawyer will handle these matters for you. They will also see to it that you receive compensation if the workplace injury exacerbated your pre-existing condition. 

If your employer does not have workers’ compensation insurance, the lawyer will make sure that you can still receive compensation. They will help you to file a claim that the Special Fund Division can then process for payment. The lawyer will also have your back if your employer fires you over the matter of filing the claim. They will take your case to the ICA’s Labor Department Division, and file for discrimination. You may be able to keep your job or receive compensation. As you see, by hiring a workplace injury lawyer, Phoenix residents can safeguard their rights and receive the full compensation and benefits available for their specific workplace injuries.

When to Hire a Child Custody Lawyer

Child custody cases are seldom resolved amicably outside the court. If you think your situation is getting complex and can benefit from legal counsel then you should definitely hire a child custody lawyer. If you are still undecided about the matter then consider the below-mentioned reasons to assess your situation and make a decision.

 Here the reasons to hire a child custody lawyer.

For Sound Legal Counsel and Representation

It is not easy to handle child custody cases. Parents can become emotional and may not be able to see the case objectively after a while into the case. Your child custody lawyer can offer sound counsel and help you make the right decisions in the best interest of your child.

Of course, you will need to hire expert and experienced lawyers to receive wise legal counsel. For instance, in Austin child custody lawyers may be aplenty. But you will need to hire only the most experienced and expert lawyers whenever possible in order to receive astute legal guidance.

If you have a child but you (or your ex-partner) wish to remarry or relocate then you may want to seek counsel with a child custody lawyer and discuss the matter with a legal framework in mind. If the court has ordered you or your partner to undergo counseling for anger management or something else then you may want to discuss with a child custody lawyer and understand the situation from a legal perspective. If your ex-partner has hired a child custody lawyer and sent you a notice then you may want to hire one for yourself too.

For Handling Complicated Child Custody Cases

Different types of complications can arise when it comes to child custody cases. Your ex-partner may move to another city or country, which can complicate matters due to jurisdiction issues. You may not know how to deal with this situation and may want to consult with a child custody lawyer.

Your ex-partner may refuse to accept custody decisions that you two agreed upon earlier. Your ex-partner may try to intimidate you and you may fear for the safety of your child. Oftentimes, unreasonable people may use child custody cases to hurt their ex-partners. It can endanger not only you but also your child. Things can even turn violent.

Your ex-partner may try to spread lies about you to derail the custody court case. Your ex-partner may make not follow the court orders and deny your custody visits.

There can be any number of reasons that can make child custody issues complicated. In such circumstances, it is essential that you hire a lawyer who is an expert in dealing with all sorts of child custody cases.

For Expert Negotiations

A lawyer who is an expert negotiator can make things easier for you. Expert negotiators can often mediate between parties and end the disputes without needing to go to the court. Once the case goes to court, it can drag for years.

Your ex-partner may simply refuse to budge from their stubborn standpoint or accept the court’s decision. He or she may continue to appeal the court’s decision. Expert negotiators can reduce the time spent arguing over the case.

For Courtroom Proficiencies

But even expert negotiations can fail if the ex-partner decides to play a rogue or act stubborn. Ex-partners may simply refuse to participate in mediation. In such cases, the expertise of a lawyer in the courtroom can be priceless.

Your expert child custody lawyer will try to stop the other party from bullying you. Your lawyer will object to their intimidating tactics or foul play attempts and protect you and your child. Your lawyer will try to turn the case in your favor.

For Protecting Your Child’s Future

Child custody battles are never easy on anyone especially the children in the middle of one. If you wish to protect your child’s future, you need to do what’s the best for him or her.

Simply giving in to the unreasonable demands of your ex-partner may not be in the best decision for your child. In such cases, it is best to hire a child custody lawyer and handle the situation from a legal standpoint.

The Benefits of Hiring a Labor Lawyer

Labor lawyers can represent both employees and employers in negotiations. Labor law is a sub-category of employment law. Labor lawyers work with employees who are part of unions. They also work with employers who hire union workers.

Here are the benefits of hiring a labor lawyer.

Help with Negotiations

Unions work with a set of rules. They have representatives who deal with employers on every member’s behalf. Union member agrees amongst themselves about certain matters and then their leaders or representatives take the matter forward to the employer. They work as a group and hence have some power over their employers. They can negotiate with their employers for better payment terms and working conditions.

Employers can have a tough time dealing with unions. It is not easy to bully a group of employees in a union like it is too silent for one employee. It can often be difficult to arrive at a solution that works for both parties.

In such cases, negotiations can sour and work can stall. Union members can threaten to strike. Employers can retaliate with threats.

Labor lawyers can help with such negotiations by dealing with the other party in a peaceful manner. They can arrive at a solution that is legal and also works for everyone involved.

Labor laws about unions can differ from state to state. So, labor lawyers can help union members by informing them about their rights and guide them about the way forward in terms of the negotiations.

Dealing with Errant Workers or Difficult Employers

It is difficult to deal with union members. But not all union members may be good employees. As an employer, you may want to deal with an errant union member without riling the entire union. In such a case, it is best to hire a labor lawyer to deal with the situation.

On the other hand, union members may be tired with dealing with a difficult boss. The employers may not continue with their promise of an hourly rate hike or refuse to even hear them out at all. When such situations are more than plenty, it is time to hire a labor lawyer to deal with the situation. Dealings with errant union members can derail the employers’ relationship with the entire union. So, it is best to work with a lawyer to keep the situation uncomplicated but also deal with it as per the law.

Handling Lawsuits

Union members or a member of the union may want to sue the employer for mistreatment, wage issues, or any other reason. If the work environment is hazardous, the union members may demand better working conditions. If the employer doesn’t give heed despite repeated requests, the union members may threaten to sue the employer.

Labor lawyers can help the union members to file the lawsuits. They can guide the union representatives about how to go about it and even fight the case in court if the matter isn’t resolved by discussions or negotiations.

In such cases, employers will also need to hire labor lawyers to help them deal with the situations. Lawsuits can be tricky. They can completely derail a solid business too. So, working with labor lawyers can be extremely helpful to deal with the situations properly and peacefully.

Tackling Issues of Wrongful Termination or Firing an Employee

It is not unheard of when a union member is wrongfully terminated. The reason can be anything but a just cause. Labor lawyers can help union members to file lawsuits or negotiate a severance package due to wrongful termination. You may even ask for compensation for the injustice done to you. As an employer, you may want to fire a union member who is underperforming. You may have dealt with the situation in the past by holding talks with the employer about improving their performance. But your efforts may not have worked. In such cases, it is best to hire a labor lawyer to deal with the situation. Firing a union member (even one with consistently poor performance) can backfire for businesses. So, the services of a labor lawyer can greatly help. It is best to tread lightly when dealing with unions. The negotiation power of labor lawyers can be very beneficial in this regard.

What Are Personal Injury Attorneys Responsibilities?

A personal injury attorney fights on behalf of victims who have been injured due to the fault of another. Accidents of any kind can be devastating for victims. It can bring about not only physical trauma but also impact the victims’ finances and cause a lot of emotional distress. If you are the victim of an accident, a personal injury attorney can help you a great deal.

About Personal Injury Attorneys

A personal injury attorney works for the victims of accidents caused by the negligence of a person or entity.  They are civil litigators who fight for the victims of personal injuries. Such injuries and accidents can be auto accidents (bus, truck car), bicycle accidents, slips, and falls, or wrongful death. There are various other types of injuries practiced by personal injury attorneys. Not every personal injury lawyer will specialize in every type of accident case. The nature of injuries or trauma can be physical, mental, or psychological.

Personal Injury Attorneys – Roles and Responsibilities

Personal injury attorneys fulfill many responsibilities in the course of handling cases for their clients. They specialize in tort law. It covers personal injuries among other things.

Case evaluation –

Personal injury attorneys will evaluate each of their cases thoroughly before accepting it. They will let their prospective clients know if their case has any merit. There are times your injury may not be due to the fault of another. In that case, lawyers will make you aware of the legal steps you can or cannot take.

In case they see any merit to the case, they will ensure that they gather the evidence they need before it is lost or destroyed. They will consult with your doctors to understand the extent of your injuries and the possible treatment costs. They may also hire other experts to further gain insight into your case.

Professional advice –

Once they accept a case, personal injury lawyers will provide their clients with sound legal advice. It can be confusing for the layperson to understand complicated legal terms, jargon, and processes. Lawyers will help their clients understand the legal processes and advice them about not dealing with negotiators without legal representation. They will help you understand how the insurance and medical bills factor in your case.

Negotiations –

Negotiations are a big part of a personal injury lawyer’s responsibilities. They will negotiate with the negligent party’s representatives to get you the compensation you deserve.

Your lawyer will calculate the compensation amount by considering factors such as the nature of your injury and its treatment,  your current, and future medical bills, whether you have a permanent or temporary disability, your loss of income, emotional distress, etc.

The job of the representatives of the other party is to not pay the victims any compensation. They will try to bully the victims into accepting the lowest compensation amount if they are willing to pay at all. Victims already struggle with their injuries and financial stress of rising medical bills. They are often tempted to accept any money and be done with the case. But your personal injury lawyer will ensure that the negotiations go in your favor. They know how to deal with insurers and other lawyers.

Representation in court –

If negotiations fail, your personal injury attorney will help you appeal the case in court. Your lawyer will prepare arguments to put your case forward in court. Your lawyer may call experts for their testimony in court. Prior to preparation for the case, your lawyer may conduct depositions of witnesses.  

There is also the option to appeal the court’s decision if you are not happy with the compensation. Your lawyer can guide you about the next course of legal action in such cases.

Guidance –

The support of a lawyer by your side can be extremely valuable when it comes to fighting a hostile party for compensation. Nothing can compensate for the physical and emotional stress victims and their families go through after the accident. But the compensation can take care of the medical bills, loss of income, and expenses the victims’ families might need. Your personal injury attorney can be by your side and offer you the right guidance every step of the way.

The Importance of a Brain Injury Attorney

Brain injuries can be extremely traumatic and debilitating for the victims as well as their families. If your brain injury is due to the negligence of another then you are entitled to receive compensation for it.

The compensation amount can be based on factors such as the nature of the injury, current and future medical expenses, loss of income, permanent or temporary disability, and others. There are other considerations too when it comes to handling brain injury cases. For these reasons, it is extremely significant to have a brain injury lawyer fighting your case.

The Best Possible Chance for Compensation

The importance of a brain injury lawyer cannot be undermined when it comes to getting the victims the compensation they deserve. You cannot also undermine the significance of the experience of an attorney in handling brain injury cases within the same jurisdiction.

So, the first thing brain injury victims (or their families) need to do is consult with an attorney with experience in handling similar cases. Use keywords pertaining to your location to find names of leading brain injury lawyers in your area. For instance, use Dallas brain injury attorney if you need a lawyer in Dallas.

An experienced brain injury lawyer can assess the case from all angles to determine its validity for compensation. During the free consultation, the lawyer will ask you questions related to your injury and other matters about the case. During the consultations, you will be better able to understand how the attorney plans to fight your case.

Your brain injury lawyer will consult with your doctors as well as other medical experts to gather evidence to solidify your case. Your lawyer will secure testimonies of doctors and other experts if needed for your case.

Based on your injury and consequential damages, your lawyer will calculate the compensation amount for you. There are a ton of factors to consider other than the nature of the injury when it comes to arriving at a compensation figure. If you may require speech or physical therapy for a few months post your surgery, your lawyer will factor this expense into the compensation. You may need to hire someone to do the chores at your house or use transport services for your commute if you are unable to drive any longer due to your injury. Your lawyer will also include such costs in the compensation.

Your lawyer will consider every aspect of your injury and associated expenses for your compensation. It is not possible for laypersons to handle all these calculations by themselves. Only someone with sound legal training, knowledge, and experience can competently handle the tasks related to the compensation.

The Tough Negotiations

Personal injury cases involve really tough negotiations between lawyers of both parties and insurers as well. Without legal representation, insurers can bully victims into accepting low compensation amount or even none at all. It is the job of the insurance agents to get the victims to agree to minimal compensation possible. It is their job to save the bucks for their employer. Even the negligent party’s lawyers can make the life of victims difficult.

But brain injury victims and their families need not fear insurers and other party’s lawyers if they have legal representation of their own.

Some personal injury lawyers in Dallas also have extensive trial experience. The trial experience of these attorneys proves to be extremely valuable when it comes to dealing with the negligent party’s agents.

The Legal Ally by your Side

It can get overwhelming to handle the pressure of the case along with tending to your brain injury treatment. But in all this chaos, your lawyer can act as your ally and guide. A good lawyer will explain to you all aspects of the case. A good lawyer will also inform you about the case’s viability truthfully. Your lawyer will make you aware of the legal steps to take and how he or she plans to go about it. Your lawyer will take the case to trial if all negotiations fail. Your lawyer will argue the case on your behalf and try to foil the other party’s attempts to get away without paying you the compensation you deserve.