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Can I Sue My Doctor for Misdiagnosis?

Legal Assistant August 13, 2019Personal Injury Law Leave a Comment

If your doctor is unable to make timely and accurate diagnoses of a dangerous medical condition, there’s a possibility that you can file a medical malpractice lawsuit to find a legal remedy. However, it’s always important to know that bad outcomes and mistakes don’t always equate to medical negligence, at least not to the law.

The main question that needs to be answered in these types of cases if whether your doctor failed to follow the appropriate “medical standard of care” in context. In simple terms, would another doctor with similar skill have identified it in a shorter amount of time or seen the health problem sooner? In this article, you’ll learn more about some common misdiagnoses and explain how a medical malpractice lawsuit would proceed.

Common Misdiagnoses

Many things can be misdiagnosed; however, this article is only going to touch on a few:

Asthma, which can be misdiagnosed as bronchitis
Cancer misdiagnosis, which can end with unnecessary, debilitating, and painful treatments such as radiation or chemotherapy
Stroke, which can be misdiagnosed as a migraine
MS misdiagnosis

These are just a few examples of things that can be easily misdiagnosed by doctors.

Lawsuits for Medical Malpractice

With medical malpractice lawsuits that deal with misdiagnosis, you usually have to follow the same steps for proof that you would in other medical malpractice cases. This typically means that you must show when your doctor failed to accurately diagnosis your harmful condition or disease, the doctor also failed to validate a level of ability that a doctor with similar experience would have under the same circumstances.

The details of treatment – what they should’ve done compared to what they did do – must also be explained, this is typically done by a qualified medical expert. You must show that the doctor’s provision of sub-standard care led to harm against you.

Can You Sue a Doctor for Misdiagnosis?

In the majority of cases, only doctors can be sued when it comes to a misdiagnosis. There are some rare cases when other healthcare professionals can be liable if it’s found that their negligence contributed to your harm – including specialists, lab techs, and nurses who have seen you.

The healthcare facility or hospital where your doctor practices usually cannot be sued for misdiagnosis. This is because doctors are not employees of the hospital, but independent contractors, therefore the facility can’t be held liable for the negligence of the doctor.

Proving Harm to Patient

You can’t just show that your doctor unsuccessful diagnosed you correctly. A medical malpractice lawsuit can only succeed if you show that having the misdiagnosis led to serious harm being done. Delayed diagnosis or misdiagnosis can be shown in several ways, including:

Exposing you to aggressive treatment that would have been required if the disease or condition had been diagnosed earlier
Exposing you to harmful treatments (i.e., chemotherapy) without having to do so
Performing surgical procedures that are later deemed unnecessary – especially if disfigurement or scarring resulted
Increased likelihood of harm and complications because of the misdiagnosis
Increased likelihood of death

These are just a few ways to prove that harm was done to you by a doctor because of a misdiagnosis. They can be because of treatments that you were put through, or things that you missed out on because of the delayed diagnosis.

Proving Negligence

You already know that a delayed diagnosis or a misdiagnosis isn’t enough evidence by itself. Doctors who practice reasonable care can still make mistakes when it comes to diagnosing a patient. The key to figuring out whether your doctor acted competently, this involves making an evaluation of what your doctor did or didn’t do to arrive at a diagnosis. This often means looking at the “differential diagnosis” method that doctors are to use when making treatment decisions.

Differential diagnosis refers to a systematic method that is used by doctors to figure out the condition or disease that a patient might have. Upon preliminary evaluations, a doctor should make a list of diagnosis in order of probability. The doctor then takes tests to determine the strength of each diagnosis by making further medical observations; this can be done by asking detailed questions about medical history and symptoms, ordering tests, or referring patients to specialists.

Ideally, with this approach, several potential conditions will be ruled out as this investigation continues, with only one left at the end. However, this isn’t always the case.

Sometimes, even after further investigations, a doctor will find out what new information leads to them adding a different diagnosis to the list.

In medical malpractice cases based on diagnostic error, the patient must be able to prove that another doctor who works in a similar specialty, under the same circumstances, wouldn’t have misdiagnosed the patient’s condition or illness. This means one of two things:

Your doctor didn’t include the right diagnosis on the differential diagnosis list, while another doctor under similar conditions would have
The doctor included the correct diagnosis on the list, but they failed to perform any of the appropriate tests or failed to seek opinions from specialists to be able to investigate the viability of the diagnosis

If you can prove these things, chances are you have a medical malpractice case on your hands.

Getting Help

Several complex rules go along with medical malpractice lawsuits, and they vary from state to state. It’s essential that you get representation or advice for a medical malpractice lawyer. Ask family and friends if they know of anybody, or you can do some research to find the best one near you.

Never try to pursue a medical malpractice lawsuit by yourself – the laws and rules surrounding these cases are far too complex to understand if you’re not specialized in that area. Medical malpractice lawyers have been trained and equipped with knowledge surrounding this field and will be able to help you figure out if the doctor was at fault for your delayed or misdiagnosed condition.

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.

How to File a Lawsuit

Legal Assistant August 13, 2019Business Law, Resources Leave a Comment

Filing a lawsuit can seem like a daunting task what with lawyers getting involved and having to appear in front of a judge. However, it doesn’t have to be a stressful situation if you know how to file a lawsuit – you might even be allowed to file a lawsuit online.

In this article, you’re going to learn how to file different lawsuits, so let’s get started.

How to File a Small Claims Lawsuit

Small claims courts resolve small monetary disputes, and in some states, evictions and property claims. Here is how you can go about filing a small claims lawsuit:

Try to resolve the issue outside of the court; if this doesn’t work, you should contact the county clerk in the small claims court that is closest to your business or residence.
Fill out a complaint form, also called a “Statement of Claim” and pay the filing fee. Once you’ve filled out this form, you should send the document to the defendant; you can do this personally or use a sheriff or private process server.
The person you are suing has 20 days to respond to the claims (thirty if they are out of the state).
Many states require you both to appear before the judge in a pretrial hearing to figure out what happens next. If the case goes to small claims, both you and the defendant will be able to tell their side of the story.
Once both sides have been heard, the judge issues a ruling.

How to File a Class Action Lawsuit

To file a class-action lawsuit, you have to go forth and make a class action complain. The initial complaint will consist of one to two people, maybe more, and then publicly announced to the prospective class members.

After this is all finished, you have to prove class certification. This means that you must work closely with an attorney to follow state guidelines and requirements to make sure that you’re able to file a class action. There are several sets go to through, and your attorney can help on every step.

How to File a Civil Lawsuit

Sometimes, you might want to file a lawsuit against someone because of an injury they caused or because of a disagreement. If you are looking to recover some money from someone, you should file a lawsuit in the civil courts.

The process for filing a civil lawsuit is very similar to filing in a small claims court.

How to File a Lawsuit Without a Lawyer

Legal procedures and laws can be complex, but that doesn’t mean that you don’t have the possibility of filing a lawsuit without a lawyer. There are some small claims courts that don’t even allow lawyers at all. You can even file a lawsuit by yourself at the state and federal court level; however, if your case becomes more complex, it’s always recommended to be in a licensed lawyer to help.

If you want to go ahead and file a lawsuit by yourself, here’s how it’s done:

Go through all remedies that you can think of outside of court to see if you can get the case settled.
If you can’t do this, make sure that you’re choosing the right court for your case (small claims, state, or federal).
Next, you’ll want to check the statute of limitations on your claims and familiarize yourself with the court’s rules and procedures before filing your case. You should then find and download the proper forms and instructions for your court filing.
You’ll then want to gather all of your evidence, witnesses, and fill out your complaint and documents. Once this is done, you’ll file it with the proper clerk.
You’ll then go to court and settle your case.

How to File a Federal Lawsuit

The first thing that you need to do before filing a federal lawsuit is figuring out whom you’re going to be suing. The business or person you might be suing must have caused you to harm or hold responsibility for another individual who was harmed.

Then you’ll need to figure out if some of your rights have been violated that come from the federal Constitution, or federal statutes and regulations. At this point, you’ll want to check to see if any of the statutes can even be tried – this is because they have a statute of limitations. This is the period under each law that you have to file a lawsuit. If this period has passed, you no longer have the right to a lawsuit.

Talk with a lawyer and see if you can get your lawsuit settled outside of court. If not, then you will have to take your case to court to get it settled – your lawyer can help you with all of this.

How to Sue a Company

If a business harms to you, you can do more than write a letter to the owner. Instead, you could start a lawsuit and get monetary compensation for your injuries. To start the process, you need to gather evidence that it’s the company’s fault that you were injured – whether they’re emotional, physical, or financial – and then find the correct court to sue in.

The next thing that you should do is consult your attorney. Some lawsuits are incredibly simple and can be handled by yourself. However, most cases are typically complex, and you need to hire a lawyer to get a good outcome.

After consulting a lawyer, you might be asked to write down what you can remember about the incident. Try to be as detailed as possible and write it down before you forget about it.

At this point, you should work with your lawyer to figure out what else needs to be done to resolve the issue and get your monetary benefit.

How Much Does It Cost to File a Lawsuit?

The cost of filing a lawsuit is depended on what court you’re taking your case to. However, there are a few items that you’ll almost always run into, which are the filing and attorney fees. These will vary depending on which state you’re in and the type of case you’re pursuing. You should talk to a lawyer to figure out the exact costs.

How Long Do You Have to File a Lawsuit?

You almost always have at least one year from the date of the harm to file a lawsuit. It doesn’t matter what type of claim you are filing for or which state you live in – the normal amount of time that you have to file a lawsuit is one ear. However, this is not true if you are filing against a government agency.

JUUL E-Cigarette Lawsuit

Legal Assistant August 13, 2019Mass Torts, Personal Injury Law Leave a Comment

In December 2018, the U.S. Surgeon General issued a warning to American consumers about the dangers involved with e-cigarettes. By issuing this warning, the Surgeon General has taken a strong stance against the rise of e-cigarettes because of the potential dangers associated.

This warning has turned into personal injury attorneys preparing a high-frequency e-cigarette lawsuit and JUUL lawsuits, which are expected to build over the next few years. These lawsuits will range from diacetyl related injuries, smoking-related injuries, to false advertisements, and failure to consumers.

Currently, there is an e-cigarette lawsuit case for individuals who developed e-cigarette popcorn lung, the more common name for bronchiolitis obliterans. Plus, there is also a vape explosion lawsuit.

What do you need to know about this lawsuit? There are several things that you should understand regarding this lawsuit, and this article is going to take you through it all.

What Is JUUL?

There is an e-cigarette product that is named JUUL; they are also called vapes. These “vapes” are battery-operated devices that warm liquid nicotine to create a spray that users inhale. They were originally designed to be a substitute to smoking traditional cigarettes.

With JUUL e-cigarettes, the liquid nicotine is kept in something called the JUUL pod. Users of the JUUL have to insert the pods into the cartridge, and then they inhale through the mouthpiece to get vaporized liquid nitrogen into their system.

Is JUUL Bad for You?

The sleek, concealable design and the array of JUUL flavors, including mango JUUL pods, make the JUUL a favorable choice for adults and teenagers. However, recent studies have shown that the JUUL e-cig and other e-cigarettes expose users to several dangerous health risks commonly associated with cigarettes.

E-Cigarette Dangers

The JUUL pods of liquid nitrogen deliver an extraordinarily potent dose of nicotine to the user. There are allegations that the pod dosages of nicotine are more than what is allowed in traditional cigarettes. There are other allegations regarding the efficiency at which the JUUL delivers nicotine to the bloodstream, which is said to increase addictiveness, and that JUUL is more additive than normal cigarettes, which poses serious health issues.

Nicotine is a carcinogen, meaning that it’s a toxic chemical that is associated with immunosuppressive, reproductive, and cardiovascular problems. Nicotine hurts the kidneys, lungs, reproductive system, eyes, and heart.

Researchers have also found links that aren’t commonly found with traditional cigarettes, such as e-cigarette popcorn lung. JUUL research is still in the early stages, but experts are warning personal injury law firms to be prepared for a massive influx of e-cigarette lawsuits.

Besides containing nicotine, e-cigarettes also contain harmful and potentially harmful chemicals, including:

Ultrafine particles that can be inhaled into the lungs
Flavor additives including diacetyl, which is linked to serious lung damage
Volatile organic compounds
Heavy metals, such as lead, tin, nickel

Diacetyl is a chemical additive that is mostly found in e-cigarettes. When this chemical is vaporized, it can lead to a medical condition called popcorn lung, or bronchiolitis obliterans, which is a degeneration of the lungs that can result in total respiratory failure and death.

These dangers of this harmful chemical were only recently discovered when researchers found out that foods that contain diacetyl posed threats to consumers. Diacetyl is mostly found in sweet and buttery flavors, including chocolate, peppermint, candy, and coffee.

Some of the other chemicals added into the JUUL e-cigs that were believed to be safe, including propylene glycol, can be accountable for respiratory inflammation and other pulmonary problems.

Almost all e-cigarettes use propylene glycol in addition to other potentially dangerous chemicals. Some flavor chemicals are used in e-liquids that contain aldehydes, which, when inhaled, can irritate mucosal tissue in the respiratory tract.

Researchers have discovered that even short-term use of e-cigarettes can cause significant inflammatory lung disease. However, this inflammation doesn’t pose a risk of e-cigarette cancer, but there are several health risks associated with the respiratory system.

JUUL Flavors

JUUL offers a variety of flavors, including cool cucumber, mango and more. These flavors make the JUUL taste better and help to alleviate some of the stigmas of smoking by getting rid of the smoking smell. There are Federal laws that prevent cigarette companies from producing and selling flavored tobacco because they believe that the flavors will appeal to young people and cause them to smoke.

However, JUUL and other e-cigarette companies can skirt around these laws as they aren’t technically flavoring the tobacco, but rather liquid nitrogen.

The Allegations

Plaintiffs of the cases against JUUL state that they knew that their e-cigarettes weren’t safe for non-smokers, also that they knew that their JUUL e-cigs posed a risk of increased nicotine addiction in people who were already are addicted to cigarettes.

They also allege that JUUL knew that their nicotine pods deliver more nicotine in the bloodstream than normal cigarettes do, and it does so more quickly too.

Instead of disclosing these facts, JUUL continued to disseminate deceitful, misleading, and false information on their website, on social media, advertisements, and in interviews.

Also, JUUL has created an online community and culture that is designed to encourage young people to use the JUUL. While JUUL claims that their e-cigarettes are designed for adults only, they appeal to the young people because JUULs can be easily charged on a laptop, have colorful decal designs and covers, and come in a variety of flavors.

If you or someone you know use JUUL e-cigarettes and want to join a class-action lawsuit, there are several places on the internet that you can go to sign up for the case.

Final Thoughts

JUUL e-cigarettes aren’t great for you; it’s been proven with scientific research. While they might appeal to consumers because of their portability, ease of use, and flavors, the side effects aren’t worth the hassle.

If you or someone you know has been harmed due to JUUL or another brand of e-cigarette, you should consider contacting a lawyer to see if you have a case.

If you have more legal questions, you can comment below or 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.

US Constitutional Laws Versus State Laws

Legal Assistant August 13, 2019Resources Leave a Comment

When constitutional law is brought up, people are talking about many types of laws that cover a variety of topics. The United States Constitution is the basis of our law system. The Constitution writes out how the government can operate and allow what laws can or cannot be enforced. This might sound pretty straightforward, but the provisions of the Constitution are often interpreted in a variety of ways. The majority of constitutional law deals with the interpretation of the Constitution.

To be more specific, constitutional law deals with the basic relationships between the entities of our society. These relationships are between the federal government and individuals; the state government and individuals, foreign nations and the federal government; the three branches of the federal government; the federal government and the states, and between the states.

The relationship that constitutional law focuses most on is the relationship between individuals and the federal government. Because of this, constitutional law involves interpreting the Constitution as it relates to freedoms and individual rights of United States citizens.

What Does the Constitution Do?

The Constitution created the three branches of our federal government and enumerated their powers (this means that the powers are specifically set out).

Article I of the Constitution creates the legislative branch, which is Congress. The Congress which consists of the Senate and the House of Representatives. The Constitution gives powers to each of these sectors of Congress – this power means that they can make all of our federal laws.

Article II creates the executive branch; this is the United States President. The President can suggest laws and can also veto any laws that they deem unnecessary or breaks the Bill of Rights.

Article III creates the United States Supreme Court. The Supreme Court has the power of judicial review, which means that they can interpret the Constitution and decide which laws are abiding by the laws. Therefore, the Supreme Court checks and balances the laws that are made by Congress.

Constitutional Law

Constitutional law has been made to implement and interpret the United States Constitution. The Constitution is the foundation of the United States, so constitutional law deals with fundamental relationships that arise in our society, including relationships among the rights of individuals, the three branches (judicial, legislative, and executive) of the federal government, the states and the federal government, and among the states.

There is another area called Judicial Review, which is an important topic in constitutional law. The Supreme Court has played an important role in interpreting the Constitution. Because of this, Constitutional Law deals heavily with Supreme Court rulings.

The area of constitutional law also deals with implementing and interpreting state constitutions – but without qualification, it’s usually understood as only referring to the Federal Constitution.

A Constitutional law example included the case of Marbury v. Madison in 1803. In this case, Chief Justice John Marshall states that ‘a law repugnant to the Constitution is void.’ This famous constitutional law case created the Supreme Court’s power to review the acts of the other government branches, and courts, so they can judge if a law or case is constitutional.

Bill of Rights

Article V in the Constitution allows for it to be amended: the Constitution has been amended 27 times, and over 10,000 amendments have been proposed. The most important amendments of the Constitution make of the Bill of Rights – these are the first ten amendments, and they all deal with some of the most fundamental rights for an individual.

For example, the 1^st Amendment rights protect the fundamental right of assembly, press, and free speech. There have been subsequent amendments that have broadened the protection afforded the rights of individuals, and the 2^nd Amendment allows for the ownership of guns.

Let’s take a quick look at some Constitutional law examples. If you were to make a rule that no one can express personal opinions in your home, you haven’t infringed on the 1st amendment: freedom of speech. However, let’s pretend that the State of Michigan creates a law that no one can express personal opinions while in the State – then Michigan has infringed on this right.

Constitutional rights, however, aren’t absolute. The Supreme Court can always decide when a right should be limited. There’s another famous case, Schenck v. the United States, when the Supreme Court held that the 1^st Amendment doesn’t protect all types of speech. If the government has a good justification for controlling speech, then the government can do so.

Through this case, the Court ruled that the 1^st Amendment doesn’t protect speech that presents a ‘clear and present danger’ to others. These types of cases take legal precedence over everything, meaning that they establish a rule or principle that is to be abided by.

The States and Constitutional Rights

Most of the cases that happened early in the life of the Constitution dealt with the infringement of individual rights. Later, the Supreme Court selectively applies constitutional rights to cases that involve state action.

An example included Mapp v. Ohio in 1961. The 4^th Amendment protects individuals from ‘unreasonable searches and seizures.’ At the time, this amendment only applied to the federal government. However, the federal government was not the one who prosecuted Mapp. Instead, it was Mapp’s local police force that entered her home and illegally seized items without a warrant, which led to Mapp’s arrest and state prosecution.

There is also something called the ‘Supremacy Clause’ that prohibits state governments from making laws that conflict with federal government laws.

The Supremacy Clause was created in 1824 during the case of Gibbons v. Ogden. An example is that if the federal government were to make it illegal for anyone to display red balloons, then the state of Georgia would not be able to enforce a law that requires homeowners to display red balloons.

Final Thoughts

The U.S. Constitution and state laws play a huge part in our lives daily. Learning more about constitutional law and how it plays a role in it makes a big difference when it comes to an understanding more about state and federal governments. Hopefully, this article helps you understand more about constitutional law and why it’s so important to have.

What is a Frivolous Lawsuit?

Legal Assistant August 13, 2019Business Law, Resources Leave a Comment

The frivolous lawsuit definition is any lawsuit that is filed with the intention of disturbing, annoying, or harassing the opposite party. It can also be defined as any lawsuit where the plaintiff understands that there is little to no chance of a successful lawsuit if pursued in a courtroom.

Every year, many frivolous lawsuits are filed under personal injury laws. All of these lawsuits tend to waste money and time for individuals and the courts. Frivolous lawsuits are also referred to as “frivolous litigation.”

Frivolous Lawsuit Examples

The most famous frivolous lawsuit is about Stella Liebeck in 1992. She ordered a coffee from McDonald’s, and while she was in her nephew’s car, which was pulled off to the side so Liebeck could put sugar in her coffee, she spilled her coffee – which burned her legs. She suffered third-degree burns over six percent of her body. She originally went after McDonald’s for $20,000 in damages, but McDonald’s wouldn’t settle in court.

McDonald’s made a big mistake by not settling in court. Liebeck was rewarded with $200,000 in compensatory damages, which was then lowered to $160,000 after the court found her to be at least 20 percent at fault. She was also rewarded $2.7 million in punitive damages.

Another example is of Gregory Roach and Gordon Falker in 1988. These two carpet layers were burned severely when a carpet adhesive, three-and-a-half-gallons worth, ignited when a water heater that was sitting next to turned on.

Both men both thought that the warning label included on the back of the product was insufficient. The words like “flammable” and “keep away from heat” didn’t warn them about the explosion. They filed a lawsuit against the manufacturers of the adhesive, Para-Chem. After the case was taken to court, the jury agreed that the warning label was insufficient and awarded the men $8 million for their troubles.

How to Stop a Frivolous Lawsuit

If you want to stop a frivolous lawsuit, you must get in contact with an experienced lawyer who can advise you on the best way to get through the lawsuit. Most times, the wisest option is to settle outside of the court by offering a small compensation or by apologizing to find a way to resolve the problem – even when you weren’t at fault.

However, if you feel that the case isn’t one that can be easily solved outside of court, then go ahead and start working with your lawyer to get the lawsuit figured out. Remember that the law may make the prevailing party pay your attorney fees if it’s found that they are suing in bad faith. If you’re being threatened with an illegal lawsuit, the right legal representation can help protect your rights.

Fighting Frivolous Cases

If you’re the target of a lawsuit that you feel is frivolous, you have to defend yourself effectively. You should never assume that a judge will discover the weaknesses of the defense or the case.

There are, however, several things that you can do to help fight against a frivolous lawsuit. These options depend on the nature of the case, your attorney fee budget, and the applicable law. Here are just a few things that you can do:

Ask the court to dismiss the case: At an appropriate time, you can request that the case be dismissed before it comes to trial. Lawyers refer to these requests as “motions for summary judgment.” When you do this, lawyers will take the time to organize the claims in the lawsuit and then compare them to applicable laws and facts. By doing this analysis, the motion can be explained to the court in writing why the case should be dismissed outright because it has no merit.
Seek to recover costs, where the law allows: Lawyers know which laws would allow for the taxation of costs. This is where the winning party can recover certain expenses and costs from the losing party. The money benefit might be small, but you would still have the satisfaction of imposing an added expense on the losing party.
Bring a claim for “abuse of process”: If you think that the lawsuit in question was brought against you for improper purposes, you might be able to claim “abuse of process” against the party that sued you. Your lawyer will talk more about this with you when the time comes.
Counter suing for a frivolous lawsuit: After the lawsuit has been defeated, you have the option of suing for “malicious prosecution.” This means that you’re bringing a countersuit for a frivolous lawsuit against the party that sued you originally. To bring forth a valid case of malicious prosecution, you usually have to show proof that the suit was brought against you with malice and had no probable cause. If you sue for a frivolous lawsuit, make sure that you are working closely with a lawyer that understands how the process works.

Frivolous Lawsuit Penalties

Some penalties come with filing a frivolous lawsuit, including monetary fines. How much you’ll pay in fines varies depending on the type of claim involved and your geographic location where you took the case.

Some judges can even issue a contempt order, which claims that the lawsuit is a waste of judicial resources.

There are some cases where criminal consequences can happen, especially if one of the parties is harassing the other by filing multiple lawsuits. However, the most common thing to have happened with frivolous lawsuits is that they will be dismissed shortly after entering the court without more examination of the matter.

Final Thoughts

Frivolous lawsuits can be incredibly annoying, especially when they’re brought about for malicious reasons.

Do you think that you have been accused of a frivolous lawsuit? If so, you might want to consider hiring a lawyer so that they can help you get the case dismissed. There are several things that they can do to help you win the case and get it dismissed from court.

How to Hire a Lawyer

Legal Assistant August 13, 2019Business Law, Resources Leave a Comment

Hiring a lawyer to represent you as you face legal action is a decision that should be made carefully. A lawyer can be chosen if you seek legal advice on a matter where you can represent yourself, whereas an attorney will fully represent you in the courtroom throughout the entire case.

For more simple cases, such as divorce, wills, or other civil matters, you may consider hiring a lawyer. A lawyer will offer you legal advice throughout your case without full representation in the courtroom.

An attorney who provides full representation is recommended for detailed court proceedings. You may need an attorney’s representation if your case involves a large sum of money, potential jail time, or other serious components. An attorney will know how to navigate the details of the case to help achieve the best outcome.

While an attorney’s obligation is to provide fair and competent representation, you should still practice due diligence when making your decision for representation. Personal referrals or positive reviews are helpful in determining which attorney to hire, but how do you make your decision if neither are available?

Identify the Arena: Civil or Criminal

The first step in hiring a lawyer is to find a lawyer who specializes in the area of law you need. If you are charged with committing a crime, you need to find an attorney who practices criminal law. If you are in the process of a divorce, hire a lawyer who specializes in divorce and other family matters. Identify the area of law in which you need a lawyer and then narrow the results down to the lawyer’s specialty, if possible.

Does the Lawyer Specialize in a Specific Area?

As both criminal and civil matters cover a broad range of laws, it is common for a lawyer to specialize in an area of the law they are practicing.

If an attorney practices civil law, he or she may focus primarily on family law, taxation, bankruptcy, or estate planning – a few of the many areas of civil law.

A defense attorney who practices criminal law may specialize in violent crimes, driving under the influence, drug crimes, or another one of the many criminal law areas.

To help determine the lawyer that would best understand your case, consider this example: If a defense attorney who practices criminal law specializes in motor vehicle incidents and you have been charged with driving under the influence, you would benefit from this attorney’s counsel rather than a lawyer who specializes in civil cases.

Finding a lawyer who specializes in the designated area you need will increase the probability of receiving the ruling you desire.

Perform a Search

Lawyers who have passed the bar exam may practice law and fully represent a client in court. You can search online on a state’s bar association directory to find a list of attorneys who practice law in the area in which you live.

For example, if you need to find a lawyer in Texas, you can use the State Bar of Texas website to search for lawyers who are currently practicing law in your area. You can advance the search to select the precise area of law in which your case resides to determine which lawyers in your area you should contact.

Schedule a Consultation or Meeting

After you have found a lawyer, you will need to schedule a meeting to discuss your case. Ask your lawyer if they offer a free consultation to hear your case. This consultation will allow you to explain the details of your case and determine if the lawyer is the right fit for you.

If possible, it is a good idea to talk with more than one lawyer about your case. This way, you can decide which lawyer is the best fit, the most affordable, and has the best probability to succeed.

Ask the Right Questions

Use the consultation or meeting to ask your lawyer some essential questions.

What is your pay rate?
How likely are you to succeed in this case?
How often do you provide updates?
Will you frequently request additional information?
Will you be the main point of contact, or will another partner in your firm be assisting in this case?

Knowing the right questions to ask will help you understand how to hire a lawyer who is the best fit. If you have discussed terms and conditions with your lawyer at this meeting, request to get a copy of the agreement in writing.

Do Your Part

It is a common misconception that once a lawyer is hired, your work is done. You will still play an active role throughout the process of the case. When the case has been finalized, and you have received the bill, you need to know what is being billed and why.

Be Available

If you have hired a lawyer who gives you legal advice and directs which path to take, you will need to be readily available when your lawyer contacts you. A lawyer may have reviewed a detail of your case that requires you to provide additional information. The more readily available you are to assist your lawyer, the closer you are to a resolution with your case.

Keep Records

It is highly probable that you will have to provide documents to your lawyer for your case. Lawyers typically require the original document, if possible. If giving your lawyer an original document, make a copy of the document for your records.

If your lawyer is contacting you through email, save the email conversations in case any issue were to arise throughout your case. While attorneys are morally obligated to provide fair representation, you can terminate your lawyer if you feel you have not received adequate counsel. Having evidence to show you have not been represented fairly or adequately will validate your request for termination.

Conclusion

Hiring the best lawyer or attorney to review your legal matter should be a thorough process that involves a high level of consideration and selection. You will need to identify the area of law that your case is classified, find a lawyer who specializes in that area, and schedule a meeting to discuss specifics.

Can You Sue for Emotional Distress?

Legal Assistant August 13, 2019Personal Injury Law Leave a Comment

Emotional pain can be as severe as physical pain. If someone causes physical bodily harm, they can be sued. Does this same principle apply if someone causes mental anguish, such as emotional distress?

What Is Mental Anguish?

Mental anguish is a legal definition that describes a high level of inflicted emotional distress, such as anxiety, fear, trauma, grief, or depression. Mental anguish can occur during the commission of a crime. For example, if an offender committed armed robbery by holding a gun to the victim, the victim could sue the offender in civil court for emotional distress.

Mental anguish can be difficult to prove as the injuries are not visible; however, that does not mean the injuries should go unnoticed. Mental anguish can be debilitating in a person’s everyday life. Damages from mental anguish can be evident, such as loss of work or medical bills. Other damages may be harder to prove, such as insomnia, depression, or PTSD.

Sometimes emotional distress can manifest into physical conditions, such as ulcers, hair loss, and high blood pressure. Keep a record of these physical impairments to help strengthen your case.

If you have suffered mental anguish, you can take your claims to civil court. You will need to find a personal injury lawyer who specializes in emotional distress.

Find a Personal Injury Lawyer

A personal injury lawyer will review your information and determine if you have a strong case against the defendant. In order for your lawyer to review your information, you will need to keep a record of your emotional distress, such as:

Medical records
Work records (time off, loss of wages)
A daily journal of mental, psychological health and feelings
Electronic health tracker to monitor heart rate, sleep habits

As mental anguish and emotional distress are harder to prove than physical injuries, keeping as many records as possible will help strengthen your claims. Keep these records to present to your lawyer to review. The more relevant information for your lawyer to review, the stronger your case will be.

Suing for Mental Anguish

After you have obtained a personal injury lawyer to review your case, your lawyer will prepare to move forward with legal action. A mental anguish lawsuit will be filed with the court and served to the defendant. Once the defense responds to the lawsuit, each party will exchange information that will be presented at the trial.

At this point, your lawyer will begin to prepare depositions and gather expert witness testimonies. After the information has been exchanged between the parties, it is not uncommon for a settlement offer to be presented. A settlement offer is an offer that can be accepted in order to keep the case from being heard in court.

A settlement offer can bring quicker resolution to a case, rather than having the case drag on throughout the court system. A settlement offer also shows you the exact amount you will be receiving if you approve the offer.

Your lawyer will advise whether or not you should accept the offer based on the evidence and strength of your case.

If you choose to continue taking your case to court, a judge will hear both party’s evidence and witness testimonies to make a ruling.

Two Types of Emotional Distress

Emotional distress is categorized in one of two types: negligent infliction of emotional distress and intentional infliction of emotional distress.

Negligent Intention of Emotional Distress – this is when a defendant accidentally or unintentionally inflicts emotional distress on a person. This typically happens during the commission of a crime. For example, if a defendant committed homicide during a home invasion by killing a family member who was witnessed by a member in the house, this may qualify as the negligent intention of emotional distress.
Intentional Infliction of Emotional Distress – this is when a defendant intentionally causes emotional distress on a person through outrageous, reckless conduct, words, or actions. The actions must be outrageous and reckless, such as intentionally telling someone that their spouse has suffered a heart attack and is currently at the hospital.

Whether the emotional distress was negligently or intentionally inflicted, you will have a strong case to sue someone for emotional distress if you have sufficient proof the distress was inflicted.

Should I Sue for Emotional Distress?

If you have little to no evidence to prove you have suffered emotional distress, pursuing a mental anguish lawsuit may not be in your best interest. Proving that you have suffered from emotional distress is difficult, as there may be no visible injuries associated with the distress.

If you have substantial evidence proving your emotional distress, such as medical records, health tracking monitoring, or loss of work records, you will have a better probability of being awarded reimbursement from damages.

Conclusion

If you have been a victim of intentional or negligent infliction of emotional distress, you can pursue legal action against the defendant. In order to prove you have suffered emotional distress, you will need to document and provide this documentation to your personal injury lawyer.

Your lawyer will review your documentation and determine the strength of your case. Your lawyer may request additional information before filing a mental anguish lawsuit.

Once the lawsuit has been filed, your lawyer will begin preparing evidence and expert witness testimonies to present at trial. Your lawyer will also exchange information with the defense team in order to determine what evidence will be presented at the trial.

At this time, the defense may offer a settlement. A settlement is a way to resolve the civil matter outside of court. A settlement can be beneficial because it offers resolution and keeps the case from being prolonged. A settlement also tells you the exact amount you will be awarded, rather than awaiting a ruling from a judge, if the judge rules in your favor. Your lawyer will advise you whether or not it is in your best interest to accept or refuse the offer.

If you are the victim of emotional-distress, contact a personal injury lawyer to review the evidence in your case.

Can You Sue an Insurance Company?

Legal Assistant August 13, 2019Business Law, Resources Leave a Comment

Insurance companies play an active role in our everyday lives. If you own a home or a car, chances are, you have an insurance company. Insurance companies have the right to refuse approval of your insurance claim; however, they have to provide proof for choosing to deny. If your insurance company has denied your claim, you have the option to sue the insurance company.

How to Sue an Insurance Company: First Things First

Before you research lawyers who sue insurance companies, you first need to obtain some preliminary information and exhaust all possible resources.

First, find a copy of the policy agreement you signed with your insurance company when the policy was written. Familiarize yourself with the policy to justify why the insurance company should approve your claim rather than deny.

Take pictures of any property or damage associated with the incident. Keep receipts of any purchases associated with the incident. These purchases can be recorded and pursued for reimbursement.

If the insurance company has denied your claim, you need to request a written explanation for the denial. A written request of the denial can be given to your lawyer for review. The denial can be compared with the policy to see if the denial is valid.

Finally, you should attempt to file an appeal with additional documentation with the insurance company. The appeal process will allow the appeal and supporting documentation to be reviewed. This also shows the insurance company, as well as the court, that all avenues have been exhausted to try to reach a resolution.

If the claim is still denied after the appeal has been reviewed, you should gather all information and consult a lawyer to discuss your options for how to sue the insurance company.

How Can I Sue my Insurance Company?

Once all resources have been exhausted, you have the option to hire a lawyer to sue your insurance company.

You will need to find a lawyer in your area who is familiar with civil law. A lawyer who specializes in laws regarding insurance claims will be the most beneficial. This lawyer will know the questions to ask, the documents to request, and the evidence to present.

Your lawyer will need a copy of the insurance policy, denial letter, and your appeal information. Your lawyer will review the information and prepare to file the lawsuit.

When the lawsuit is filed, your insurance company will respond, as well as hire a lawyer to represent them. Once the insurance company responds to the lawsuit, each party will exchange information about the evidence that will be presented at the hearing. Each side will be able to review the counterparty’s evidence.

Once the evidence has been reviewed, a settlement may be proposed. Depending on the amount you are requesting, the settlement may be too low. Based on the evidence in your case, your lawyer may advise you to accept or deny the settlement.

If a settlement is not reached, the lawsuit will go to court. Each side will present their evidence, which can include depositions and witness testimony. The judge will make the final ruling on the amount to be awarded, if any.

What Type of Expenses and Damages Can I Sue My Insurance Company?

If your incident has resulted in medical bills, lost wages due to missed time at work, property damage, attorney fees, and emotional distress, keep a record of these expenditures. This documentation will help your lawyer prepare the lawsuit to go to trial.

I have been Offered a Settlement – Should I Accept?

A settlement offers many benefits to all parties involved.

First, a settlement keeps the lawsuit from having to go to court. Settling out-of-court will allow for a quicker resolution.

Second, settling out-of-court allows you to know exactly what settlement amount you will receive, whereas going to trial may result in a judgment award lower than requested.

Finally, settling out-of-court will decrease the amount spent on lawyers, as going to court will cause you to continue paying for representation.

My Insurer has Denied my Claim – Should I Look for a New Insurer?

Depending on the reason for the denial, you may consider finding a new insurance company for your home or automobile coverage. Your insurance company may have a good reason for denying your claim. If you have had a good experience with your insurance company, other than the recent denial of your claim, you may consider continuing to make use of your insurer. However, if you have had issues with your insurer prior to the denial of your claim, you may consider finding a new insurance company.

Conclusion

If you have filed a claim with your insurance company and your claim has been denied, you have the option to sue your insurance company.

First, you should file an appeal with the insurance company for your claim to be reviewed. The review of your claim may mean another representative within the company looks over the claim and decides to approve it.

If your appeal is still denied after your appeal, you should take all information pertaining to your claim and seek an attorney who practices civil law. A lawyer familiar with the civil arena who specializes in insurance claims will review your information and begin building your case.

During this time, your lawyer will prepare the lawsuit to file to the court. Once the insurance company has been notified of the lawsuit, they will respond to your lawyer. At this point, each party will exchange information to determine the evidence that will be presented during the trial. Your lawyer will take depositions and prepare witness testimonies.

During the preparation of your case, a settlement offer may be presented. This settlement may be lower than the amount requested in the lawsuit. Your lawyer will advise you whether you should accept the offer or refuse.

If you accept the settlement offer, the case will be resolved without going to trial. Alternatively, you can choose to refuse the settlement and continue to take the case to court.

If your case goes to court, both sides will present their evidence and witness testimonies. A judge will hear both sides and make a ruling based on the evidence. The judge may rule in favor of either side.

If you need assistance, you can also chat now 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.

Can I Sue for Slander?

Legal Assistant August 13, 2019Personal Injury Law Leave a Comment

“If you can’t say something nice, don’t say anything at all.”

While it is a rule that we should always abide by, it is not always obeyed. At some point in our lives, we have heard one person say or write something false about another person, but at what point do these statements become legally offensive? The statement will have to be false and cause personal damages in order for legal action to be taken.

Slander: Definition and Damages

What is slander? Slander is the act of verbally speaking a false statement about a person that results in damaging a person’s reputation. The statement must be false to be slander.
What damages can be caused by slander? Victims of false statements who have lost a job, faced harassment, or have lost their social status within their community have had their reputation damaged from slander.

Defamation vs. Slander vs. Libel

Defamation is the broad terminology used to describe false written and verbal statements that have caused personal damage to the accused. Defamation covers both slander and libel as a whole.

If the false accusations are verbal, the defamation is slander. Slander can be more difficult to prove than libel. The false statements will have to be proven through clear audio, or video recordings and damages will have had to occur for the offender to have slandered.

Libel is false accusations that have been printed, written, or published. These written statements may be published on a website/blog, in a magazine or newspaper, or any other form of written means. This defamation must be false and must cause damages to a person for the statements to be considered libel.

Internet Slander

As slander is a false statement that is verbally spoken, how can there be laws against slander on the internet?

Today, audio podcasts and video recordings can be found throughout the internet on a wide variety of platforms. At the touch of a finger, you can speak false statements and publish them on social media and other broadcasting websites.

If false statements have been made through the recording of an audio or video file and posted online, you can sue for slander. These statements have to be false and not a personal opinion, and you must have experienced damages in order for slander to have occurred.

Suing for Slander

If you can prove you have faced damages due to slander, you have the option to file a slander lawsuit. You must prove you have been personally damaged in order to sue for slander. Damages can include the loss of a job, the loss of a good quality reputation within the community, or any form of harassment. If these damages have occurred due to spoken false statements, you can sue the individual for slander.

How can you sue for slander if you don’t have proof of damages? Without proof that you have been personally damaged by slander, you will have difficulty pursuing legal action against a person. Damages must occur and be proven for legal action to be pursued.

Can I Sue Someone for False Accusations?

False accusations are defamation; however, the false accusations must result in damage to pursue legal action. This damage will need to be proven to file a slander lawsuit. Without proof of damage, you would be unable to file a civil lawsuit against someone for making false accusations.

Find a Lawyer

If you have been the victim of slander by facing personal damages from the false accusations, you can sue someone for slander. On the other hand, if you have made false statements that have personally damaged a person, you can be sued for slander.

Whether you are the plaintiff or the defendant, the first step a civil lawsuit is to find a lawyer who specializes in civil matters, such as defamation of character cases.

Slander lawyers will meet you, go over the details of your case, and file or respond to the lawsuit.

Slander Lawsuit Timeline

Once the lawsuit has been filed or responded to, your lawyer will request information from the counterparty, as well as provide information that the counterparty is requesting. During this phase, your lawyer will devise questions to ask during depositions and request various records as needed.

After both parties have reviewed the information that will be admissible during the hearing, a settlement offer may be presented. Civil cases are often settled outside of court through a settlement conference or through negotiations. If no settlement is made prior to the court date, then both parties will present their evidence at a trial.

When a civil lawsuit goes to trial, both parties will present evidence and call on the testimony of expert witnesses. If the slander lawsuit goes to trial, the damages done to the victim will have to be proven in court. Depending on the solidity of the evidence, a ruling in favor of the plaintiff may be difficult to obtain. Slander lawsuits are not criminal; therefore, the defendant will be facing compensation of damages rather than jail time.

Conclusion

You can sue for slander if you have been personally damaged by false statements spoken by an individual. You will need to provide proof that the individual spoke these false statements, and that the false statements resulted in damage to your reputation.

Defamation of character cases are civil cases that are frequently settled out-of-court. You will need to find a lawyer who specializes in civil lawsuits and explain your case to him or her. Your lawyer will gather information and devise a plan to prove the damage you occurred was because of the person’s slander.

Prior to the trial, a settlement conference or meeting will be scheduled between the parties to determine if a settlement can be reached. If a settlement can be reached, the lawsuit will not go to trial. If no settlement is reached, the lawsuit will go to trial where evidence and testimony will be presented from both parties, and a ruling will be made.

Can I Sue for a Dog Bite?

Legal Assistant August 13, 2019Personal Injury Law Leave a Comment

You have been bitten by another person’s dog, and those injuries may have lasting effects in the future. The dog bite was not your fault. You were not on another person’s property, and the owner of the dog did not take proper precautions to keep the dog restrained. Does this make you responsible for medical bills and damages caused by another person’s dog?

Dog Bite Statistics

The most recent study conducted by the CDC indicates that 4.7 million people suffer from dog bites each year. According to the Insurance Information Institute, homeowners’ insurance agencies paid out a total of approximately $675 million in dog-bite liability claims in 2018, with the average claim costing approximately $39,000.

With so many people who suffer from dog bites each year coupled with the average cost to treat the injury, there have been a growing number of dog bite lawyers who focus on understanding the various dog bite laws.

Dog Bite Laws

Dog bite laws vary from state-to-state. States can hold dog owners liable for injuries their dog causes if the owner knew the dog was likely to bite. This is known as strict liability. In other words, if you knew your dog might bite a person, you are responsible for the actions of your dog. Other states’ laws will hold you liable even if you did not know your dog may bite. However, a judge can determine a ruling based on common law rather than statutory law.

Common law is derived from recent decisions that have been made by the courts, whereas statutory law is legislation that has been adopted as written law. Therefore, even if you live in a state where there is no specific statutory law in place regarding your type of dog bite incident, a judge may still rule in your favor based on common law.

As laws regarding dog bites can vary between states, you need to find a lawyer in your area who is familiar with the common and statutory laws in your state.

Lawyers for Dog Bites

If you have been bitten by a dog and require reimbursement for damages that have been caused, you need to search for a dog bite lawyer. A simple way to find local results is to search online for “dog bite lawyers near me.” This will ensure you find local dog bite lawyers who are familiar with your jurisdiction’s dog bite laws; both common and statutory.

How Much Can I Sue for a Dog Bite?

Dog bites are not limited to physical bodily harm. While medical bills may make up a large portion of the total damages sustained, other damages can be sought for reimbursement.

Emotional Distress – Oftentimes, victims of dog bites undergo fear, nervousness, and anxiety when coming in contact with a dog. This emotional damage should be included with the total damages experienced.
Missed Time and Wages from Work – Physical injuries from a dog bite can result in missed time from work due to the injury or medical appointment. You should include the time missed from work, as well as any personal time taken to cover the amount of work missed, in the total amount of damages.
Damaged Property – If the dog bite resulted in damage to your property, such as broken glasses, the damaged property should be included in the total amount of damages.

The total amount you can sue for a dog bite can vary from case-to-case. The average amount that is paid to victims of dog bites is around $39,000. This can be higher or lower depending on the amount of physical harm, medical bills, and property was damaged from the bite.

How to Sue for a Dog Bite

The first step you will need to take is to document everything from the incident. Take pictures of the dog, the location of the incident, and the injuries you sustained. If there were any witnesses, ask them to provide a written statement from their perspective. Gather the dog owner’s information. The more information you have from the incident, the better prepared your lawyer will be.

Search for dog bite lawyers in your location. Finding a dog bite lawyer who is familiar with your state’s dog bite laws will help you obtain the reimbursement you seek.

Contact your lawyer to schedule a consultation or appointment to describe your case. Collect all information from the incident to take to the meeting for your lawyer to review. Your lawyer may ask for additional information, so be prepared to be readily available if your lawyer has a specific request.

Your lawyer will draft legal documents to pursue litigation based on the evidence for your case. Most civil lawsuits are settled out-of-court, and dog bite cases are no different. Once the legal documents have been drafted, your lawyer may be contacted by the defense to attempt to reach a settlement.

Your lawyer will advise you if this is the choice you should make and why. If the settlement offer seems too low, your lawyer may advise you to refuse; however, the choice is yours to make. If the settlement offer is fair, your lawyer may advise you to accept it.

If your case is not settled out-of-court, then it will go to trial. A judge can make a ruling based on statutory or common law. Statutory law is legislation that has been written and adopted as law. Common law is not a law that has been written or adopted. Rather, common law is derived from decisions that have been made recently by the courts. The amount the defendant pays may be determined by the judge, and it may be an amount different than your request.

If you have been bitten by a dog, find a dog bite lawyer in your area. Your lawyer will review the documents of your case to determine the best approach to take for the resolution you seek.

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