The decision to end your marriage is in no doubt an easy one. The first question you need to ask yourself is whether you need a divorce lawyer. The answer to this depends on the divorce laws in your state as well as the unique circumstances surrounding your split.
Divorces are lengthy and financially-draining. If you can do it outside of the court system, it will run more smoothly and you’re likely to solve your problems faster.
It’s no secret that court-led divorces can sometimes take years to settle. However, if you and your soon-to-be-ex can’t reach a mutual understanding, you’ll have no choice but to involve the courts to help you navigate the process. This is in a bid to ensure that no party feels shortchanged. It also means that you’ll need to retain the services of the best divorce lawyers in Houston.
But, do you need them? This guide will help you decide.
When You May Not Need a Houston Divorce Lawyer
The ideal situation when you decide to end your marriage is to work together with your spouse and iron out some of the issues that stem from the life you once shared. If you can get a neutral third-party mediator to help the process along, the better the results will be for both of you in the long run.
The major bone of contention when it comes to dissolving marriages has to do with spousal support, children, child support and/or sharing matrimonial assets like property. This is often where most couples fail to reach an amicable resolution and thus require the divorce court of Houston to decide what’s fair.
If you work together, you can avoid that whole situation to give you better control and a stronger say in what you want to get out of the divorce. If you have children, an out-of-court divorce makes the transition easier for them.
The ugly side of divorces is that they often leave kids scarred for life. If you can effectively shield them from that, they’ll have a much easier time adjusting to their new life.
Nonetheless, situations like these are few and far between. The very nature of divorces tends to evoke strong deep-rooted emotions that often make it quite difficult to reach a civil understanding without outside help.
When You Need the Best Divorce Lawyer Houston, TX
Choosing a divorce lawyer to represent your interests when dissolving your marriage is not a decision you should take lightly. You need to make sure that you hire the right one for your situation.
Ask as many questions as you can during the consultation to get a feel for what they would consider the best outcome for your specific circumstances. An example of a question you can ask is whether they would support a decision that seeks an out-of-court settlement. Validate their answer by checking for their track record for the number of divorce settlements they’ve been involved in.
If they are the type to zealously battle even the smallest issues in front of a judge you need to be clear that that’s the type of representation you’re looking for. But, bear in mind, this style of representation may cause your divorce to drag on for years before all the contentious issues are settled.
With that said, here are a few instances where you need to lawyer up in a divorce.
Joint Representation No Longer Works for You
Generally, a couple that is seeking to dissolve their marriage cannot use the same lawyer. This is in a bid to avoid the ethical issues that might arise as a result. But like most things, there are exceptions to the rule.
A joint representation can be allowed in the following instances:
Both you and your spouse agree on the major issues in the divorce.
You and your spouse are confident that you can adequately resolve the minor issues of the split.
You both understand that having a joint lawyer means that they can’t fully represent either one of you during the process.
You and your spouse have agreed to joint representation without any form of coercion by either party. This needs to be in writing.
You both agree that the lawyer will draw up all the requisite paperwork.
Sometimes, when the decision to divorce is mutual, the couple may opt for joint representation at the beginning of the process. More often than not, however, some issues crop up further down the line that the couple fundamentally disagrees on. When this situation arises, the joint attorney will often transfer one or clients to other counsel.
You Prefer Collaborative Practice
For most couples, the faster they can settle their divorce the better it is for everyone to close that chapter in their lives and look ahead. For this reason, many opt for a collaborative practice where their primary goal of the divorce process is not to litigate.
Instead, their objective is to try to settle at all costs. This agreement has to be signed by the spouses and their respective attorneys.
The agreement further includes a clause that if they are unable to settle and the divorce heads towards litigation, they must find new lawyers to represent them. This effectively eliminates any financial incentives for the attorneys to prolong discussions.
There’s a Threat of Violence
Sometimes, divorces can take an ugly turn and bring out the worst in people. It’s not uncommon for one spouse to threaten the other with physical harm.
If you fear that your soon-to-be-ex could potentially harm you or your children, move to a safer place and get a lawyer to help you take out a restraining order against them. Domestic violence is serious and will be treated as such by your attorney. Your lawyer also needs to file a claim for immediate spousal support for the entire duration of the divorce process.
Get Legal Advice
While you can get court-provided documents to file for divorce, filling in these forms isn’t as straightforward as it sounds. Representing yourself in court may also lead to significant delays in finalizing the process due to the challenges you’ll encounter when dealing with the paperwork. Get the top divorce lawyers in Houston to help the process flow smoothly.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
When in doubt, hire a lawyer. At least for personal injury claims, anyway. Personal injury cases are best handled by specialized injury attorneys that know the ins and outs of the law related to your specific case.
Suffering physical bodily harm is a traumatizing experience. It disrupts almost every aspect of your day-to-day life. In most cases, it takes a while to get back into the normal swing of things.
Add on the stress of mounting medical bills, lost wages and the emotional distress that goes with it, and you’re living a nightmare that you can’t wake up from. Most people are unaware of their rights in this situation and as a result, end up suffering in silence.
With the right team of personal injury attorneys on your side, they can alleviate the stress of a difficult situation to help you get back on your feet. Here’s what the best personal injury lawyer Chicago can do for you.
Free Consultations
The best things in life are free, right? Consulting with a top Chicago personal injury lawyer won’t cost you a dime. Most injury attorneys offer free consultations to prospective clients and use that opportunity to assess the claim to see if they’ll take it up.
They usually have a contingency fee agreement, which means that you won’t have to pay them an hourly rate for their services. They’ll simply collect a percentage of the final payout when they win the case.
That way, you can be certain that they have a vested interest in making sure you get a favorable outcome since their compensation depends on it. It helps to visit more than one firm and compare their track record of wins. Ask the right questions to know if they are the best fit for you.
First Party Coverages
The best Chicago accident lawyer should be able to handle your first-party coverages. These are those coverages on your personal policy that can be used to increase the amount you collect on your car accident claim.
Two of the most common ones are the uninsured/underinsured motorist coverage and medical payments coverage. The latter can be integrated with your health insurance policy to reduce the number of medical bills you have to foot out-of-pocket. They also work to take advantage of any service provider discounts that may be included in your policy plan.
Retaining the best Chicago car accident lawyer to handle your first-party coverages for you will potentially save you thousands of dollars in medical bills. If you were involved in an auto accident with a driver who didn’t have insurance coverage, or if it was too little to compensate the victims, the process of filing a claim in such instances involves numerous intricacies and complexities that only an experienced lawyer would be able to handle. It would be virtually impossible to pursue it on your own.
Subrogation Liens
Subrogation liens are also referred to as payback rights. If your health insurance provider foots your accident-related medical bills, then they will generally apply subrogation liens.
This essentially means that in certain situations, health insurance providers, hospitals and even the state can claim a stake in the personal injury settlement you receive. The rationale behind this is that the respective institutions seek to be repaid any monies they spent treating and caring for someone who was injured in an accident.
It would appear to be in bad taste but that’s just how it works. Sometimes, the amounts recovered in liens can be quite significant leaving you with only a fraction of your claim settlement. Retaining the services of best auto accident lawyer, for instance, can help you eliminate or, at the very least, substantially reduce the subrogation lien on your health insurance. This process is too lengthy and complex for you to even attempt to handle on your own.
Stress Relief
One of the most difficult parts about pursuing a personal injury claim is the sheer amount of stress involved. At this point, not only are you injured which causes you an immense amount of stress but getting the compensation you deserve for your injuries is likely causing you lots of sleepless nights too.
This amount of stress does little to help speed up the recovery process. Hiring the best motor vehicle accident lawyer in Chicago, for instance, will take the load off and act as a buffer between you and parties being sued. They are well-placed to represent your interests and fight tooth and nail to ensure that you get the settlement you deserve.
If, in addition to the bodily harm aspect of your claim, you’re also suing for property damage compensation, this needs to be clear to your attorney from the get-go. Property damage claims are tedious and time-consuming, something most lawyers tend to avoid.
If property damage is not included in your personal injury attorney’s contingency fee, then you are not getting the full benefit of the contingency fee they charge at the end of the process. The best Chicago personal injury lawyers will always include this in their services and is a crucial aspect of attorney representation.
Statute of Limitations
Many accident victims who attempt to file personal injury claims themselves often get locked out by statutes of limitations. A statute of limitations is a law that bars a claim when it isn’t filed within a specified period.
The applicable statutory period in Chicago, Illinois is two years. If you don’t file a claim within this cut-off period, you lose the right to sue the adverse party in third-party claims, and your insurance company in first-party claims.
Using a competent personal injury attorney to file your suit will gather all required documentation and prepare the paperwork before the statutory period runs out. It would be a shame to lose out on compensatory damages over a “technicality” like missing a deadline.
When in Doubt, Consult a Lawyer
The best personal injury lawyers in Chicago focus on one thing: Maximizing your results. Always consult an attorney before settling your claim against an insurance company, regardless of how attractive the settlement amount appears to be. If that’s the money they are offering to pay, chances are, a great attorney will be able to get you substantially more.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
Going through a divorce in Virginia is hard enough. The last thing you need is your attorney piling on to an already stressful situation. For this reason, you need to make sure that you’re working with the best divorce lawyers to get you the best results from an already messy situation.
So, choosing the right lawyer is crucial to the whole process. Different lawyers have their way of doing things. This is governed by their belief systems, philosophies and ideas that may or may not align with your own.
One lawyer’s strength, for instance, might be another’s weakness. One may excel at open court litigation but fail at collaborative divorces. Some believe that mediation is the way to go while others may rubbish it as complete hogwash.
So, you need to choose the best attorney for your unique set of circumstances. That being said, here are the top 3 tips the best divorce lawyers in Virginia give to their new clients when starting the divorce process.
1. Pick Your Preferred Divorce Method
If you’re wondering how to divorce in Virginia, it goes without saying that choosing the divorce route you want to take is the first and arguably the most important decision you have to make. There are different options available for you to choose from.
You want to find a lawyer who has a solid track record in dealing with a particular type of divorce method. Here are some of the routes you can think about.
Mediation
This is often one of the most popular methods used in negotiating divorce settlements. If one of the burning questions you have about the whole process is: How long does a divorce take in Virginia? Then, you should consider mediation. It’s the fastest option you have.
Remember, the pain-points of most divorces have to do with the sharing of matrimonial assets like properties and businesses, spousal support and child custody. In mediation, each spouse along with their respective divorce lawyers in Northern Virginia hires a neutral third party to serve as the mediator.
Their role here isn’t to make decisions for either party. Instead, they’re present to facilitate the process to help both parties figure out what’s best.
Collaborative Divorce
In this process, you and your spouse, as well as your respective attorneys, sign an agreement where the primary goal of the divorce process is to avoid litigation altogether. An agreeable settlement has to be reached by both parties.
The agreement usually has a clause indicating that if both parties have to go the litigation route, then they cannot use their existing attorneys as counsel. This removes the monetary incentive for the respective lawyers to prolong the discussions.
Litigation
This is by far the lengthiest method of divorce in comparison to its counterparts. It involves taking your spouse to court for the presiding judge to determine what is fair for both parties and enforcing your rights to (presumably) get justice.
Litigation doesn’t always guarantee that you’ll get everything you want in the divorce. This is especially the case if your sole purpose for going to court is to get a larger compensation for the pain and suffering your spouse has caused you.
2. Establish What Kind of Legal Services You Require
Consider the following scenario. You and your spouse were married for 20 years before they (or you) filed for a no-fault divorce in Virginia. “No-fault” means neither party is guilty of marital misconduct.
In the 20 years you were together, you acquired some prime real estate. You also own three companies, two of which have taken a massive financial hit in the last three years and one has only recently broken even. The two under-performing companies have accumulated debt to the tune of hundreds of thousands of dollars.
You live in a mortgaged home with your four kids aged 10, 13, 14 and 17. The oldest is set to leave for college in a year. You also sustained serious injuries from a slip and fall accident a couple of years ago which has greatly constrained your ability to get a job.
Handling this kind of divorce is requires divorce lawyers who are skilled in handling complicated divorces that have a lot of moving parts. You’ll probably have to pay top-dollar to the firm retained to handle it.
Now, consider this second scenario. You and your spouse had a short marriage lasting three years. During this time, you did not acquire any property together, you don’t jointly own any companies nor did you have any kids in the course of the marriage.
Handling this type of divorce is pretty straightforward. There wouldn’t be any reason to hire some big-shot law firm to handle your divorce for you. You could simply hire a good solo lawyer who’s competent in Virginia divorce laws to knock it out for you pretty fast.
3. Don’t Break the Bank
It’s not every day a person gets divorced. While you certainly don’t want to be spending thousands of dollars in legal fees just to dissolve your marriage, it also isn’t the time to be penny-pinching either. Cheaping-out could cost you a lot more than what you’re trying to save. You need to find the right balance of high-quality legal representation at a cost you can comfortably afford without breaking the bank.
If you earn a six-figure salary and have prime real estate to boot, then yes, you can afford to spend the big bucks to get the premium law firms falling over each other to represent you.
On the other hand, if you can’t afford all the pomp and circumstance that comes with a high-profile divorce, then you need to stick to your lane. You don’t want to end up in bankruptcy court right after your divorce settlement is finalized, do you?
Be honest with yourself and spend only what you can afford. There are plenty of great attorneys in Northern Virginia who won’t charge you an arm and a leg to give you good legal representation.
Make a Difficult Process Easier
Even with the best divorce lawyer on your side, it is still one of the most painful experiences you’ll go through in your life. It’s therefore important to choose an attorney who will be there for you through the highs and the lows.
They’ll hold your hand every step of the way to guide you through the Virginia divorce process. With the right one, you can make a difficult process much easier.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
You’ve consulted with numerous lawyers in town, and none of them seem eager at the prospect of taking up your case. You’re at a loss. You don’t understand why the best personal injury lawyer, Austin won’t take your case?
Well, just because they are the best doesn’t mean that they have to take every case they are presented with. If you’ve been to a couple of great lawyers, but none of them seem interested in handling your claim, don’t take it personally.
There are several reasons why even the best personal injury attorney, Austin won’t touch your case with a 10-foot pole. This article delves into some of the reasons why lawyers turn down certain personal injury cases.
1. Cause of the Accident
Before an Austin car accident lawyer can take on your case, they have to consider how the accident occurred. They need to be able to find someone whom they can hold responsible for causing the injury.
Just because an accident happened in someone’s premises or that the injuries they sustained were severe doesn’t mean they were in breach of a legal duty. For instance, imagine that you were riding your motorcycle and you got to a crossroad where you were supposed to yield the right of way.
Instead, you failed to do so, and as a result, an oncoming vehicle rammed into you. You sustained serious life-threatening injuries from the accident. Unfortunate as the incident was, there’s not much an Austin motorcycle lawyer can do for you in that instance.
For a claim to be successful, the injured party has to be able to prove beyond a shadow of a doubt that their contribution towards the accident was less than 51%. Any lawyer will likely turn down your case if they establish that you are the party at fault.
If a case has the potential to negatively impact the monetary compensation that would be awarded, they are likely to pass on it. What’s more, lawyers in Austin also wouldn’t take up personal injury cases against governmental bodies or school districts since these entities enjoy governmental immunity.
2. The Injury Isn’t Severe Enough
While the accident you suffered could have potentially been fatal, it doesn’t play a direct role in the amount you can be awarded in damages. The sad reality is the severity of your injuries matters a great deal in the success of your lawsuit.
If your injuries are minimal, you might have a hard time finding an attorney to represent you. What’s more, they also have to factor in the cost of developing a worthwhile testimony that would hold up in court.
This involves costing for depositions which can rack up their bill. So if the expected return is not worth the cost of testimony, then they’ll pass on your case.
Sure, you could have lost your life in a bicycle accident and that it is a matter of principle to hold someone accountable. This, however, doesn’t translate to cold hard cash in the eyes of a successful Austin bicycle accident lawyer.
3. It Looks like You’ve Been Around the Block
Before you settle on a personal injury attorney to represent you, you need to look around first. You have to be sure that the attorney who’ll represent you has the right set of skills to deliver a favorable outcome in your claim.
However, many lawyers turn down cases when it appears that the client is looking to make a decision based on the figure the attorney thinks they can receive in compensation. If the number in question doesn’t match the client’s expectation, they look for another attorney who can tell them what they want to hear.
An attorney, no matter how experienced, cannot give you a realistic value without all the facts of the case. These include the defendant’s insurance coverage. If you come across a lawyer who gives you a number after the initial consultation, you should run for the hills.
Additionally, when an attorney learns that you’ve been released from another law firm, they are less likely to take up your case. They might view you as having unreasonable expectations or that your case will be a liability to them.
4. The Case Doesn’t Make Economic Sense
Whether you’re dealing with an Austin truck accident lawyer or and Austin dog bite injury lawyer, all personal injury attorneys have one thing in common. They take cases based on a contingency fee.
This means that their fees are calculated as a percentage of what their clients are awarded in damages. Therefore, they have to be very careful about which cases they decide to take on.
During the litigation process, the lawyer has to foot all the expenses incurred out-of-pocket. So the time and effort they put into a case have to be worth it. The more experienced and well-established the attorney is, the higher their contingency fees will be.
To paint a clear picture, look at it this way. Attorneys are paid an hourly rate for the time they spend working on a case. They also require that the client pays all expenses associated with the case upfront.
Regardless of whether the attorney wins or loses the case, they still have to get paid. This financial arrangement is out of reach for most personal injury victims who, more often than not, are already spending a substantial portion of their income on medical expenses. It therefore only makes sense for the lawyer to charge their fees on a contingency basis.
It’s Not Personal – Just Business
You are entitled to get the best representation possible. If a particular lawyer isn’t willing to take up your case, it doesn’t mean that there isn’t another one who will.
But, you need to go into the process with an open mind. Consider what a realistic compensation amount looks like with regards to the injuries you sustained. At the end of the day, some money is better than no money.
If you sustain an injury that’s the result of someone else’s negligence, you’re entitled to receive compensation by filing a personal injury claim. However, the process isn’t as straightforward as it sounds.
Even in the best of circumstances recovering compensation can be a difficult undertaking. That’s why you need the best lawyers in Virginia and DC in your corner. This article takes an in-depth look at what they can do for you.
How Top Lawyers in Northern VA Prove Liability
For accident lawyers in VA to recover compensation on your behalf, they have to prove that the other party’s behavior was negligent. This is the cornerstone of every personal injury claim. It means that a Virginia personal injury lawyer would have to follow the quintessential four-step approach to prove liability.
Step 1: Duty of Care
You would have to establish that the wrongdoer had a duty of care towards you. For instance, if you were stuck in traffic, the drivers around you have a duty of care to stay alert at all times. That way, they avoid doing anything that might cause you harm or injury.
Step 2: Breach of Duty
The next step involves proving that someone was in breach of the said duty. In keeping with the example, suppose that the driver behind you rear-ended you because they were distracted.
You then find out that they were texting while driving and so didn’t notice that you had stopped when the traffic lights turned red. They were in breach of duty of care.
Step 3: Causation
This third step involves showing that the injuries you sustained were as a result of the breach. It poses the question: Were it not for the wrongdoer’s negligent actions, would the injury have occurred?
Suppose that the force of the impact caused you to fracture your kneecap when it hit the dashboard. Had the driver been paying attention, you wouldn’t have been injured.
Step 4: Damages
The final step involves showing that you suffered damages as a result of the breach. Imagine that you have to undergo emergency surgery to fix your fractured knee and take six months off work to recuperate.
Your employer can’t afford to pay you a full salary for the entire 6-month period that you are away from work. So, as per the terms of your contract, you would be entitled to receive only 50% of your monthly wages for the duration of your recovery.
A Virginia car accident lawyer would be able to prove that you suffered damages owing to the medical expenses you incurred for the surgery and the half-salary you received for the six-months you were away from work.
How the Top Lawyers in Northern Virginia File a Personal Injury Claim
It’s important to realize that your goals and that of your insurer are at direct odds. They work hard to see that they pay out as little as they can on a policy. So, they’ll be looking to poke holes at your proof of liability every step of the way.
For this reason, you’ll need to retain a personal injury lawyer in Northern Virginia to fight just as hard to see that you are compensated fairly. So, make use of a credible Virginia lawyer referral service to find one with the right mix of skills and experience to play hardball with insurance companies. Depending on where you live, you’ll be able to find highly competent:
A couple of things they’ll do before they file a suit include:
1. Gather Evidence
This is crucial to any personal injury claim. Your lawyer will need solid facts on how you sustained the injuries. Some of the common items they’ll seek out include police reports, video footage, eye-witness statements, cell phone records, and anything else they deem important to the case.
2. Negotiate with the Insurance Company
Insurance companies tend to make lowball offers to injury victims. They hardly ever pay out the full value of insurance policies even with an airtight claim.
The best personal injury lawyer in Fairfax, VA, will see to it that you get a settlement that takes into account all your losses. If they can’t agree on a fair amount, these attorneys are not afraid to take the matter to court.
Filing a Lawsuit
Virginia state laws give you a maximum of two years within which a lawsuit has to be filed. Claims also have to be settled within this period as well. It’s important to work with a personal injury lawyer in Fairfax, VA who can get you the compensation you deserve within the stipulated state deadlines.
How to Make a Good Impression in Court: Advice from Top Attorneys
Going to court is a nerve-wracking experience for anyone, more so if it’s your first time. Standing in front of a packed courtroom and having to give a testimony could leave you tongue-tied in front of a judge and jury.
Retaining a personal injury lawyer in Richmond, VA, Fairfax, Arlington or anywhere in the US to do the heavy lifting for you will go a long way in helping your case.
However, it’s still up to you to make a great first impression. Here’s some advice from top attorneys that can help you make a great impression in court.
1. Show Up
At the risk of stating the obvious, you need to show up to your court hearing on the appointed date. If you don’t make an appearance, the judge will make a summary judgment ruling against you.
If that happens, there’s no bag of tricks, even the best lawyers in the country have to turn it around. Arrive at least 30 minutes before the proceedings begin so that you can find your way to the correct courtroom.
2. The Internet Is a Great Resource
If you don’t have a legal background, it’s easy to get lost in all the jargon that will be tossed around during your court hearing. Use the internet for research to become familiar with common legal terms.
It also helps to watch a couple of trials beforehand. That way, you understand some of the intricacies of the process and prepare adequately.
3. Prepare to Face the Jury
If either party (plaintiff or defendant) requests for a jury to be present during the hearing, there’s no going around it. You will have to stand before them and testify.
This could work for or against you since juries tend to be swayed by emotions rather than by physical evidence. You also need to be aware of jury rules that you need to follow during the trial. Therefore, if you’re representing yourself, be prepared to:
Make a confident and moving opening statement
Be present during the jury selection process
Submit jury instructions
4. Observe the Rules
Every courtroom has a specific set of rules that must be followed. It helps to talk to the court clerk beforehand to get guidance on how you should conduct yourself. Find out what the presiding judge is like and what they require in terms of courtroom decorum and behavior.
For instance, do they prefer that you address the court while standing, or do they allow you to remain seated during the entire process? There’s nothing more effective in throwing you off your game than being reprimanded in open court for failing to abide by the judge’s rules.
5. Keep Your Cool
If you’re prone to emotional outbursts or temper tantrums, you’ll need to leave them at the door before you get into the courtroom. Losing your cool in the heat of proceedings won’t get you very far.
So be polite to both the defendant and the judge and quietly listen to your opponent’s version of events even if they’re giving a skewed account of what happened. You’ll have your chance to address the court in due time.
If all this sounds tedious and involving, you’re better off leaving it to the professionals to represent you. Top personal injury lawyers are well-versed in courtroom dynamics, so you won’t have to worry about all the fine details of the trial process.
Besides, if you get a good attorney to represent you, that’s already half the battle won. The judge and jury are likely to take them more seriously than if you represented yourself.
What Types of Cases Do Top Personal Injury Lawyers in DC Handle?
If you’re in Washington DC and have suffered an injury, a personal injury lawyer DC will see to it that you receive the compensation you deserve. Some of the claims top attorneys handle include:
Car Accident Injury
If you were involved in a car accident, following up compensation with your insurance can be a nightmare. This is because insurance companies make money by holding on to it for as long as they can.
Sometimes, they used underhanded tricks to get you to forfeit what they owe. A car accident lawyer in DC will make sure insurance companies don’t take advantage of you. They’ll also help you recover damages for medical expenses, lost wages, and emotional distress you incurred.
Brain Injury
If you suffered brain injuries as a result of someone else’s negligent behavior, lawyers in DC could help you hold the parties accountable for their actions. Traumatic brain injuries can be the result of:
Car accidents
Motorcycle accidents
Truck accidents
Pedestrian accidents
Bicycle accidents
Medical malpractice
Defective products
Attorneys will pursue damages on your behalf that include lost wages, medical bills, and reduced lifetime earning capacity. They’ll also for compensation due to emotional anguish, scarring, and disfigurement.
Wrongful Death
Did you lose someone close to you due to the negligent actions of another party? Wrongful death lawyers in Washington DC can help recover damages including emotional distress, loss of future income, medical and funeral expenses incurred, as well as, punitive damages.
The statute of limitations for wrongful death in Washington State is three years. If you feel like time is running out, a top DC lawyer will be able to file a suit immediately and beat any impending deadlines.
Dog Bite Injury
Surviving a dog attack is a traumatic experience that leaves victims with physical and emotional scars. The injuries sustained require extensive recovery, and that can take a toll on you financially.
Fortunately, a good DC injury lawyer can help you determine if you are eligible for compensation and go after damages from the party at fault. If an insurance agent gets in touch with you, only speak to them only after you have consulted with a lawyer.
While it might seem like the adjuster is trying to help you, the reality is that they are trying to garner as much information from you as they can to reconstruct the facts of the claim in a way that will save the insurance company money.
Some of the damages a top DC lawyer can help you get include cost of:
Different kinds of therapy
Surgical treatment
Psychological care
Pain management
Outpatient care
Future treatment
It is not uncommon for dog owners to deny ownership or use trespassing as a way to evade liability. Without a highly skilled dog bite lawyer on your side, things can go south for you pretty quickly. So, don’t attempt to handle these suits yourself.
You Deserve a Fair Settlement
Getting a fair settlement in personal injury claims is an uphill battle. Without the top personal injury lawyers in DC and Northern VA, you’ll find yourself on the losing side of that battle.
You only have one opportunity to pursue damages, so make it count. Get an experienced lawyer to represent you.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
Suffering an injury in an accident is in no doubt a traumatic experience more so if it harms your lifestyle and income-earning power. As a result, you need the best lawyers in America on your team to help you pursue a personal injury lawsuit.
They should have the right combination of skills, a thorough knowledge of the American judicial system, excellent lawyer ratings, and a track record of wins to help you obtain the compensation you deserve.
This article looks at how the best personal injury lawyers in America can help you pursue damages for your injuries and losses. Dive in.
Car Accident Lawyer
Of all the qualities that make up the best car accident lawyers, the one that’s most important to your case has to be their ability to play hardball with insurance companies. It’s no secret that insurers want to settle for as little as possible. So look for a lawyer with a reputation of pressing them hard to fork out better settlements.
Product Liability Lawyer
Product liability cases are often filed as class action suits against a corporation. You need a great personal injury lawyer to help you recover damages resulting from injuries caused by defective products. Here’s what you need them to go after:
Punitive damages resulting from the defendant’s egregious conduct
Compensatory damages to make up for economic loss resulting from the injury
Pain and suffering endured because of the injury
Loss of consortium from the negative effect the product had on your relationship with your significant other
Wrongful Death Lawyer
Wrongful death occurs when someone’s professional misconduct, negligence, or criminal behavior results in a fatality. If you are a beneficiary of the deceased, here’s how the best wrongful death lawyer can help:
They’ll be able to find evidence and witnesses to prove that the other party’s negligence was responsible for an otherwise avoidable death
They’ll prove that you have incurred financial losses as a result of the death
Pursue compensation aggressively and promptly to allow you to recover from the financial repercussions you have faced so far
Medical Malpractice Lawyer
The best medical malpractice lawyers generally fall into two categories:
Those who defend doctors who are facing medical malpractice suits
Those who defend patients who have suffered injury as a result of medical malpractice
Many experienced lawyers who have dealt with medical malpractice suits often turn down these types of cases. They do this when they know they’ll have a hard time establishing liability.
So be prepared to jump through a few hoops before you find the right one. Nonetheless, before you settle on a particular firm to represent you, find out the number of malpractice cases they’ve won in the past.
Semi-Truck Accident Lawyer
Semi-truck cases are governed by a different set of laws which makes the lawsuits that involve them incredibly complex. The reason for this is partly because they are regulated by federal law since they engage in interstate commerce.
The best semi-truck accident lawyer understands the special laws, rules, and regulations that apply to them. So, you need to find a firm that specializes in these specific cases if you hope to get fair compensation.
Work Injury Lawyer
If you’ve suffered a workplace injury, then you know how hard it is to collect your benefits. In some cases, your employer may deny your claim altogether.
Receiving workers’ compensation is your legal right, so you need to get the best work injury lawyer on your team to help you do just that. Choose a lawyer who prioritizes your health and well-being.
One who understands that your ability to earn future wages has been compromised. That way, winning becomes just as important to them as it is to you.
Oilfield Injury Lawyer
While the oil and gas industry are a source of steady, well-paying employment for many, the risks associated with working on these sites can cause serious injuries to workers. If you suffered an injury while working in an oilfield, you need good representation to help you collect the compensation you deserve.
The best oilfield injury lawyer can help you go after substantial damages that are enough to cover the cost of lost wages, medical expenses, and any other long term costs associated with your injury.
Motorcycle Accident Lawyer
According to data from the NHTSA (National Highway Traffic Safety Administration), the number of motorcycle accidents that occur every year amounts to about 92,000.
In most cases, the innocent parties were the motorcyclists whose only mistake was choosing to use a motorcycle as their mode of transportation on that fateful day.
Regardless of the circumstances surrounding the accident, you need to retain the best motorcycle accident lawyer to help guide you through making a personal injury claim. That way they can investigate your claim to see if you’re entitled to court-awarded damages and follow it up with your insurance company.
Mesothelioma Lawyer
While there are many mesothelioma law firms to choose from, choosing the right one is what ultimately determines the outcome of your lawsuit. Here’s what to look out for when choosing the best mesothelioma lawyer:
Experience – You want a firm that specializes in asbestos litigation and has a proven track record of wins
Contingency payment – Go with a firm that gets a percentage of the compensation awarded
Hands-free representation – You want a firm that is willing to do a lot of the footwork while you or your loved one is battling the disease
Brain Injury Lawyer
Choosing the best brain injury lawyer at the beginning of your post-injury journey to seek compensation is arguably one of the most difficult decisions you’ll make. The outcome of the suit will determine the quality of your life for the long-run. Here’s what you need to look out for:
Find a personal injury lawyer who sole specialty in representing people with traumatic brain injury (TBI)
They should be active contributors in the field of brain injury law through lecturing, publishing articles, and membership in local associations
Bike Accident Lawyer
Accidents that involve bicycles and motor vehicles can result in the cyclist sustaining severe and sometimes fatal injuries. Suing the parties at fault can take a huge financial toll.
Therefore, it is of the utmost importance that you choose the best bike accident lawyers who have adequate resources to take your case to trial. Expert witnesses, for instance, may charge upwards of $1,000 to testify on your behalf. So if a particular law firm can’t handle those costs, find one that can.
Birth Injury Lawyer
Birth injuries can be devastating to a family, especially if they were the result of medical negligence. If your child developed cerebral palsy; as a result, you need the best birth injury lawyer to hold the medical institution responsible for this accountable.
You want to find a lawyer who works closely with medical professionals who have worked in obstetrics and can detect even the most subtle types of medical malpractice as pertains to the birthing process.
Sexual Assault Lawyer
Thousands of sexual assault cases go unreported every year. For most people, the emotional effects of the experience last a lifetime. If you have been a victim of an offensive and unwanted sexual act you an experienced sex abuse lawyer can help you seek monetary compensation in the form of:
Punitive damages
Medical care
Emotional distress
Elder Abuse Lawyer
The elderly in society are more vulnerable to suffering abuse at the hands of family or caregivers. It is often hard for them to speak out since they are, more often than not, socially isolated, or suffer from some form of mental impairment.
If you or someone you love is a victim of this kind of abuse, the best elder abuse lawyer can help. That way, you’ll be able to remove the person from the situation and sue the perpetrator for damages.
Slip and Fall Lawyer
Unlike other personal injury cases, slip and fall claims are not as straightforward. The reason for this is that defendants’ fault is not always obvious and without legal representation, such cases usually fall through the cracks. You need to hire the best slip and fall lawyer to help you go after insurance benefits and prove liability to obtain damages.
Burn Injury Lawyer
When work injuries or product liabilities cause burn injuries to a person, an experienced burn injury lawyer can help you go after damages to hold the negligent parties responsible for their actions. You would be able to seek compensation for lost wages, medical bills, loss of consortium as well as pain and suffering.
Bus Accident Lawyer
According to the US Department of Transportation, a reported 300 fatal bus crashes occur every year. In those that don’t result in fatalities, the cost of severe injury and damage to property is high.
If you or a loved one has been injured in a bus crash, or worse you lost someone close to you as a result, then you need a competent bus accident lawyer to handle the legal part of your trauma for you. They would be able to hold all the parties that are at fault to account.
Maritime Injury Lawyer
A maritime accident can be devastating. Not just physically, but emotionally due to the stress of piling medical bills and anxiety over whether you’ll still be able to work.
Working with the best maritime injury lawyer can help you navigate the complexities that surround these types of accidents. They are well-versed in federal rules, regulations, and laws that revolve around maritime disasters.
Defamation Lawyers
Defamation cases are also categorized as personal injury cases. If someone makes false statements against you either by libel or slander, it harms your reputation. Libel is defamation through written/printed words, while slander is defamation through speech.
Suing for defamation can be challenging to litigate given the protection offered to defendants under the First Amendment. A good defamation lawyer is well-versed in these types of cases and can help you sue for the damages you are entitled to.
Mass Tort Lawyers
When a civil wrong is committed by a person or company, and it results in injury to many victims, they can sue the perpetrator for damages resulting from physical, emotional, financial or property injury. Some common mass tort claims include:
Pharmaceutical claims
Consumer product claims
Environmental torts
Construction Accident Lawyer
Construction work is not only demanding, but it exposes workers to untold dangerous as well. Accidents still occur despite them taking all the necessary precautions while on the job.
However, if you sustain an injury in unsafe working conditions, you deserve to receive some form of compensation from the construction company that employs you. A great construction accident lawyer can help ensure your legal rights, as well as that of your family, are protected.
Train Accident Lawyer
Train accidents can be catastrophic. Someone could:
Slip off a platform and get run over by a train
A passenger train could derail
There could be a toxic chemical spill that affects numerous people
Whatever the type of accident you’re involved in, you need the best train accident lawyer on your side to hold the negligent parties responsible. You need to retain a lawyer whose primary area of expertise lies in railroad litigation.
Airplane Accident Lawyer
Statistically, air travel is much safer than automotive transport. However, when airplane accidents do occur, more often than not, they lead to 100% fatalities.
Assigning liability becomes a complex legal battle only the best airplane accident lawyer can handle. Depending on the circumstances surrounding the crash, different parties, including various commanding agencies, airline personnel or even passengers can be held fully or partially responsible.
It’s Not About the Money
There are certain types of injuries that almost always require you to bring an attorney on board. Never pursue a personal injury claim on your own. Hiring an experienced attorney to represent your interests will be worth the lawyer fees you’ll pay them.
In most cases, the best personal injury lawyers will bill you on a contingency basis. If your injury doesn’t fall in any of the categories outlined here, it doesn’t hurt to consult with a licensed attorney in your state to explore your options.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
Knowing and understanding the laws of the land can be a daunting task, and statutes of limitations are no exception to this rule. A statute of limitations creates a time period in which a prosecutor may bring charges against someone. If the time period lapses, then the charges could no longer be brought to trial.
The statute of limitations was initially created to ensure that if a case went to trial, then the trial would be held fairly without evidence and testimony being distorted over time. Charges could be brought forth after a statute of limitation has lapsed but would likely be struck out from the court system due to period expiring.
Statute of Limitations by State
One important factor is the statute of limitations by state. Some states have tiers or levels for the type of crimes or incidents that dictate the statute of limitation. Other states do not place a statute of limitation on any charges. This would apply to charges brought on at the state level; however, this can be very different for charges brought on at a federal level.
Examining a few states, different statutes can help to understand how these are handled at the state level.
Using Texas as an example, you will find that many civil cases that include injury hold a two-year statute of limitation. The statute of limitations in Texas for civil cases carries a timeframe of two years for assault and battery, false imprisonment, personal injury, property damage, trespassing, and wrongful death, as well as many other charges. In comparison, South Carolina holds most of the mentioned cases to a three-year statute of limitation rather than Texas’s two-year statute of limitation.
Medical Malpractice Statute of Limitations
Statutes of limitations for medical malpractice equally vary from state to state, but nearly every state would grant you at least one year to file a claim from the date of an injury. Each state has variable time frames to which they find permissible, and some have different tiers based on the severity of the injury obtained.
Missouri, North Carolina and Virginia each honor a ten-year medical malpractice statute of limitation based on the most severe of cases. For less severe cases, the average medical malpractice statute of limitation is between two and three years. In some states, a “discovery rule” has been put into place due. The “discovery rule” was created for instances where the patient may not experience symptoms or pain caused by the medical activity until well after the medical procedure was completed.
Statute of Limitations on Rape and Sexual Assault
One difficult type of case to speak of is rape and sexual assault due to it being difficult for the victim to come forward and discuss the assault. Sometimes those victims do not seek to bring forth charges for years after the offense occurs. As there are 34 states that impose time limits on when a rape case can be filed, this can mean that waiting could allow the guilty party to “get away” without punishment. Of those 34 states, many have statutes ranging from three to thirty years depending upon the severity of the charges.
Looking at Texas again, the statute of limitations for sexual assault is ten years unless the victim is a minor or under the age of seventeen at the time of the assault to which there is no statute of limitation. While Texas has a ten-year statute for adults, South Carolina holds no statute of limitation for sexual assault.
Statute of Limitations on Murder
For serious crimes such as murder, the statutes of limitations are handled differently. Both federal and state-level cases would have no statute of limitations, meaning that years and even decades after the crime has been committed that charges can be brought up and taken to trial. This allows the opportunity for law enforcement and prosecution to gather evidence and prosecute old cases that may have existed from years ago.
Federal Statute of Limitations
Occasionally an offender could be charged on both a state and federal level for a crime or act. For most charges, the federal statute of limitations is set at five years; however, like state statutes of limitations, certain crimes may have a longer statute of limitations or may not apply at all. From time to time, both federal and state-level statutes can be extended to allow for proper time to procure evidence or properly put together the case for trial.
There are certain federal crimes which carry no statute of limitations. These federal crimes include:
Federal capital murder
Terrorism in which death or bodily harm was inflicted
Sexual crimes against children
Other federal crimes, such as white-collar crimes, carry a six-year statute of limitations. Federal crimes committed against the IRS, such as felony tax evasion or failure to file a tax return, must be filed within six years of the date of the offense. The statute of limitations for other major federal fraud is seven years from the date of the offense.
Federal immigration offenses can have a statute of limitations between 5 to 10 years, depending on the offense.
Federal banks and financial institutions carry a 10-year statute of limitations for committing fraud, theft, embezzlement, making false statements, or creating false documents and reports.
Conclusion
Statutes of limitations were created for the fairness of trials. These limitations were not put in place to protect criminals or guilty parties but rather to ensure that a trial would consist of evidence and facts that are accurate and reliable. While many specific instances carry a predefined statute of limitation, it is important to seek out legal expertise as there are cases where a court or judge may rule that a statute of limitation may not apply based on the severity of the offense. This is also the case when multiple charges may be brought against a party whether it be at the state level or federal level.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
Finding yourself in a situation that may require a lawyer is something many face each day. A lawyer will protect your interests during a potentially life-altering event. A lawyer can be used for both civil and criminal cases. Why you need a lawyer can be as simple as wanting extra peace of mind that you have hired an expert to assist in your legal matter. Whether your incident is civil or criminal, mild or severe, it is imperative to identify the incident and plan ahead.
Civil Matters
Instances that occur between you and another individual or entity involving money, debt, or property are known as civil. There are many civil matters where it would be highly useful to hire a lawyer with the most common being a divorce and execution of a will.
Divorce
While a divorce does not have to include lawyers, it is highly recommended that you hire a lawyer to navigate through the many terms, conditions, and agreements that come from a divorce decree. Divorce may include property ownership, custody of minors, healthcare, and spousal or child support. These aspects of life are significant.
Without proper negotiation through a lawyer, you could easily lose property, money, and time with your children. If your divorce includes assets, children, or other financial arrangements, you should hire a lawyer to sift through those fine details of the divorce.
Executor of Will or Estate
A will is also referred to as a person’s “last will and testament.” To put it simply, a will is a signed, witnessed document filed to the probate court that will fulfill your final wishes after your death. Preparing a will before your death will provide assurance that any property, money, or arrangements you request will be carried out.
Hiring a lawyer to ensure you have covered all the bases is recommended over attempting to write a will by yourself; especially if your will includes valuable assets, tax obligations, or property ownership.
If you have been named the executor of a will, you are legally responsible for ensuring the will of the deceased is fulfilled. A will can include a large number of family members, assets, money, and financial obligations. To protect your interests as much as the testator’s, having a lawyer alongside you will guarantee that the conditions of the will are identified and fulfilled. A lawyer will scrutinize every detail of the will to make sure no detail is overlooked.
If you are planning your own living will, or you have been appointed the executor of a person’s estate, you should consider hiring a lawyer to help simplify the process.
Criminal Matters
Involvement in the commitment of a crime within a jurisdiction is known as committing a criminal offense. Some criminal offenses can carry a severe punishment. A lawyer who understands criminal law can negotiate the terms of the indictment to keep the punishment sentence as minimal as possible.
Additionally, if you are facing a charge or charges of a crime in which you are not guilty, you should hire a lawyer to represent you. Whether you are pleading your guilt or you need help with negotiating potential jail time, you will need to hire a lawyer.
Should I Hire a Lawyer?
There are times when you should hire a lawyer and times when you should not.
Hire a Lawyer
Complex Divorce – You should hire a lawyer to assist you with a divorce that includes minors, assets, and property distribution.
Executing Detailed Will – If you are preparing a will that includes a large amount of money, property, assets, or other financial obligations, you should hire a lawyer to help you prepare your will.
Executor of Will or Estate – Being legally responsible for an individual’s will can warrant the use of a lawyer if the will is complex. Like the above, if the will includes finances, property, and money, it would be beneficial to hire a lawyer.
You are being Sued – If you find yourself on the receiving end of a lawsuit where your opponent has a lawyer, you should hire a lawyer as well.
Jail Time – Criminal charges can sometimes result in jail time. If you face a criminal charge where jail time is possible, hire a lawyer to help minimize or avoid jail time.
Do Not Hire a Lawyer
There are a few instances where it would not benefit you to hire a lawyer.
Minor Traffic Violations – Typically, traffic violations can be resolved without the need of a lawyer.
Straightforward Divorce – Reaching an agreement with your spouse regarding the distribution of property and custody of a child, if applicable, can take place without a lawyer.
Preparing Simple Will – If you are executing a relatively simple will with few components, you can prepare the will without the assistance of a lawyer.
Executor of Simple Will or Estate – Similar to the above, if you are the executor of a testator’s will or estate that is straightforward with no complexity, you can administer the will without the need of a lawyer.
How to Find a Lawyer
Knowing when to hire a lawyer is the first step of what to do when you are facing a civil or criminal matter. Now you need to find a lawyer. You first need to identify the area of law in which your matter is taking place and find a lawyer who practices in that area.
The most convenient way to find a lawyer is by searching online for local lawyers who practice in the civil or criminal area you need. Research the lawyers you find to determine the best fit for your matter. Personal references always carry more weight than online reviews; however, not everyone in your personal life may have used the lawyer you find.
If no personal reference or online reviews are available, request to schedule a consultation with the lawyer you find. A lawyer may offer a free or affordable consultation to review your case. This is a great opportunity to see if the lawyer would be a good fit for your case. If you are unsure if your legal matter will require full representation, you can ask your lawyer for legal advice by the hour.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
Car accidents are one of life’s most challenging events. The best-case scenario for a car accident is an accident with no injuries and minimal damage to your vehicle. But what about those accidents that are more severe? Car accidents that involve total vehicle loss, injuries, or fatalities can have lasting effects that require speedy resolution.
Finding yourself in the midst of a complex car accident does not have to leave you feeling alone. Hiring a car accident lawyer can help you navigate through one of the most challenging moments of your life.
When to Sue in a Car Accident
While it is possible to resolve your car accident personally through each party’s insurance company, hiring an auto accident attorney to review your case will bring you many benefits. If you plan to sue someone for a car accident, gathering some essential information will help expedite the process.
What Documentation Can You Gather from the Accident?
Make a record or a copy of everything from the accident: police reports, each party’s personal information and insurance information, and witness statements. If possible, take pictures of the accident scene, and the damage sustained to each party’s vehicle.
What Can You Sue for After a Car Accident?
Damages suffered from a car accident are not limited to just physical injuries. Damages can include medical bills, including chiropractic or physical therapy visits, missed time and wages from work, emotional distress, and the replacement of child car seats.
Who Do I Sue?
Find an auto accident attorney who specializes in cases like your own. Schedule a consultation or appointment and bring all documentation, estimations, and supporting information with you for your attorney to review. An attorney who is familiar with auto accidents like your own will give you a realistic expectation of what to expect from your case.
You have the option to sue the at-fault driver personally or their insurance company. Your lawyer can advise you which route to take based on the progress your case had made.
How to Sue a Company
When you are in a car accident with an insured, at-fault motorist, your insurance company will contact the at-fault motorist’s insurance company to begin negotiating to resolve the case. If the insurance company has refused denial of a request, such as medical bills or lost wages, you can personally sue the at-fault motorist. Most states do not allow the at-fault motorist’s insurance company to be sued. Instead, the at-fault driver is who should be sued.
How to Sue Someone
If the at-fault motorist does not have auto insurance, you can sue them personally. Unfortunately, suing a motorist who does not have insurance may also mean the person does not have assets to cover a lawsuit. While suing an uninsured motorist may rule in your favor, the lack of assets will leave you uncompensated.
If the uninsured motorist does not have the means to reimburse you for damages, your best option is to discuss the matter with your insurance company. Your insurance company should be able to offer you payment under the uninsured motorist policy.
Car Accident Injuries
Even a mild car accident can cause a range of injuries to the parties involved.
Some of the most common injuries sustained in a car accident are:
Neck and Back Injuries – as car accidents typically involve a moving car coming to a stop, the neck and back are the most commonly injured part of the body. Injuries may include whiplash, herniated discs, and spinal misalignment.
Muscle Injuries – if you have been in a car accident, you know how sore you can feel the next day. This is because muscles, as well as tendons and ligaments, can be strained and bruised during an accident.
Head, Brain, and Spinal Cord Injuries – the most severe and often fatal car accident injuries are head, brain, and spinal cord injuries. Severe spinal cord injuries can result in paralysis. Head and brain injuries may include swelling of the brain, skull fracture, or a concussion. Any injury to the head, brain, or spinal cord should be taken seriously.
If you have sustained any of these injuries due to an at-fault motorist, you should be compensated for damages. These damages may be on-going, such as missed time from work, physical therapy, or frequent chiropractor visits. These damages should be included in the total amount listed in the impending lawsuit.
Conclusion
If you have been in a car accident, you need to begin gathering all information and documentation pertaining to the incident. Provide pictures from the accident scene, as well as the police report, personal information, insurance information, and witness information. Gathering this essential information will help your lawyer prepare your case to file against the at-fault motorist.
Make a record of the damages that you have incurred. These damages can be medical bills and doctors’ visits, lost wages from missed work, emotional distress, and damaged property, such as child car seats.
Give your lawyer all documentation and records pertaining to your accident. Your lawyer will review the information and prepare legal documents to file.
When the lawsuit has been filed, your lawyer will begin taking depositions and gathering evidence to prepare for court. During this time, your lawyer and the at-fault party’s lawyer will exchange information about the evidence that will be presented at the hearing.
During this time, a settlement may be proposed by the defense in order to refrain from going to court. Your lawyer will advise you if you should accept the offer and settle out-of-court, or if you should proceed with litigation. Most civil cases are settled out-of-court; however, you can choose for a judge to hear your case in court.
If you go to court, your lawyer will present evidence and witness testimony during the hearing. Once all evidence from both sides has been presented, a judge will make the filing ruling. This ruling may or may not be in your favor, depending on the evidence presented. Additionally, the judgment awarded may be less than the requested amount.
To maximize your reimbursement, hire a reputable lawyer who is familiar with cases like your own. Through your lawyer’s advisement of the documentation you present, you will know how likely you are to win your case.
The Department of Veterans Affairs (VA) is notorious for long delays in resolving VA complaints and claims for various veterans’ benefits, including financial and medical support. From the initial filing of a claim, veterans have to wait on average 5 years and sometimes as long as 7 years for a final decision.
For financially strapped vets, some of whom need long stays in VA hospitals, extensive and expensive medical treatment, physical therapy, and other support; such long waits can be excruciating. Attempts to force the VA to reform its process through litigation have had limited effect because the courts handling veterans’ claims have considered them strictly on an individual basis.
They never considered class-action lawsuits against the VA. Court decisions had established precedents affecting other similar cases, to be sure, but this still resulted at best in only piecemeal change because the decisions had little impact on the VA’s processing system.
Until recently.
Key Case History
In 2018, the US Court of Appeals for Veterans Claims – the highest court of appeals for veterans’ cases – decided to allow class-action lawsuits against the VA. Here is the basic story:
The case was Monk v. Wilkie. Veteran Conley F. Monk, Jr. had sued the VA protesting what he felt to be an unreasonable delay in resolving his disability VA compensation claim. Since such delays were so common, Monk sought relief not only for himself but for “similarly situated persons facing financial and medical hardship.” He was filing suit, in other words, on behalf of a class of persons – a class action lawsuit.
A lower court denied Monk’s petition for class relief, holding that the Court lacked authority to decide class claims. That decision was reversed on appeal by a Federal Circuit Court. A plurality of the judges in the Court of Appeals for Veterans Claims ruled against Monk’s particular claim for class relief, but at the same time – and this is the point of lasting significance – held that the Court did, in fact, have authority to consider class action claims.
The door was now open for VA class action suits that might actually force a meaningful change in the way the VA does business. Judge Robert N. Davis, concurring with the main decision, actually outlined changes the VA should make to reduce backlog and delay.
The first successful class-action suit against the VA was decided a little less than a year after Monk in June of 2019, in Godsey v. Wilkie. The petitioners in Godsey (echoing a similar claim of Monk’s) argued that the 3-year delay involved just to get their claim status recognized, to get their VA complaints certified for consideration by the VA’s Board of Veterans’ Appeals constituted a violation of their constitutional right to due process. The reasoning is that, as Martin Luther King, Jr. put it, “Justice too long delayed is justice denied.”
Part of what’s “due” in “due process” is a timely completion of the process. If people are made to wait indefinitely to have their cases handled and relief supplied, they might as well not be having their cases handled at all. And the VA appeal process much too long delayed giving veterans their due.
The Court agreed. It ordered that all veterans who had been waiting 18 months or more prior to the Court’s decision be granted immediate certification for consideration by the Board and that the Secretary of the VA provides the Court with an update within 60 days. The case speaks directly only to certification, but it sets a precedent for assertive judicial intervention in the VA’s processing of claims whenever the court determines that delay in any part of the process violates veterans’ right to due process.
Significance for Veterans
The significance of these decisions for veterans is dramatic. First and foremost, they give vets in desperate need of financial and VA health care support a prospect of faster relief. Some veterans are dealing with Gulf War illnesses. A great many combat veterans from the wars in Iraq and Afghanistan suffer from PTSD (Post-Traumatic Stress Disorder) for which they need counseling and/or medication, which sadly they are often not able to get, and this is a leading cause of the high rate of suicide among recent vets.
Other vets have to deal with serious combat injuries such as loss of limbs requiring extensive therapy. Then there are older vets suffering from lingering aftereffects of Agent Orange (the harmful chemical to which many American soldiers were exposed during the Vietnam War). All of these problems are enormously expensive and sometimes prevent vets from working or from working fulltime. For all these vets in need, relief cannot come fast enough.
Second, the Monk and Godsey cases establish that timely resolution of veterans’ benefits and compensation claims is a constitutional right under the central right of due process, which greatly enhances the legal status of those claims and heightens the seriousness with which judges will examine relevant VA complaints.
It is common in modern times for courts to defer to bureaucratic rules and decision-making on the grounds that bureaucrats, who presumably have special expertise in matters under their jurisdiction, are better qualified to settle those matters than are judges. Elevating timely resolution of the status of a constitutional right means that judges will be less likely to defer to VA procedures and decisions in related cases.
Third, in authorizing class-action lawsuits against the VA, these cases give veterans seeking a major reform of the sclerotic VA bureaucracy a powerful means for compelling change. VA class action suits help veterans, by enabling them to join forces, to hold the bureaucrats processing their compensation claims and other benefits claims accountable for inefficiency and neglect and enable courts to intervene more forcefully to ensure the process is fair and bureaucrats are responsive.
Conclusion
In short, the Monk and Godsey cases are landmark decisions that lay the foundation for transformational change for the good in veterans’ affairs. As the above-mentioned Judge Davis said regarding the Monk case, “this is a watershed decision [that] will shape our jurisprudence for years to come and, I hope, bring about positive change for our Nation’s veterans and ensure that justice is done more efficiently and timely.”
The Godsey case cemented Monk’s legacy by demonstrating the Court’s willingness to take dramatic action in cases of VA process failures. We have a long way to go to ensure that America’s vets get all the support they need and deserve, but these cases are a very good start.
If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.
