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Personal Injury LawyerWensley McKenney The history of the Personal Injury Lawyer is littered with interesting facts about the U.S. legal system and contingent fee based practices http://www.glofin.com. While many critics accuse trial lawyers of bringing frivolous lawsuits into the American legal system, nothing is farther from the truth. Personal Injury Lawyers advance their clients services and cash for case costs while funding companies like Global Financial 866-709-1100 advance cash to Plaintiffs against their pending settlements. Personal Injury Lawyers provide a valuable service to the American Justice system by working for a contingent fee which is only payable if there is recovery for their client. If there is no recovery for their client then the Personal Injury Lawyer will receive nothing and therefore these lawyers will only take cases that have merit. There is no advantage to the lawyer accepting a “frivolous lawsuit” because there is a high likelihood of no recovery and therefore no fee to the lawyer. Personal Injury Attorneys began advertising for the first time in 1980 when firms like Jacoby & Meyers began to advertise on television and radio to solicit clients. Before this, no law firm in the United States had attempted advertising other than in the Yellow Pages. Jacoby & Meyers television advertising decision was a success and since that, thousands of Law Firms have decided to join in. At first there was a real concern from the American Bar Association that advertising for personal injury cases would tarnish the image of lawyers in general and bring about more frivolous lawsuits. In 1996 the ABA released a comprehensive advertising study of member law firms. In the report the study concluded that television advertising brought legal services to the poor that were not previously known or accessible and that the images of personal injury lawyers were not tarnished. Frivolous personal injury lawsuits Frivolous lawsuits are often misunderstood by the public at large. A Frivolous lawsuit is by definition: A lawsuit is termed frivolous if it is brought in spite of the fact that both the plaintiff and his lawyer knew that it had no merit and it did not argue for a reasonable extension or reinterpretation of the law or no underlying justification in fact based upon the lawyers due diligence investigation of the case before filing i.e. the well known U.S. Federal Rule 11. Since it wastes the courts and the other peoples time, resources and legal fees, it may result in sanctions being levied by the court upon the party or the lawyer who brings the action. Source: http://www.wikipedia.org. Frivolous lawsuits are misunderstood because many people do not understand the actual legal process. The term Frivolous Lawsuits is most often used when referring to medical malpractice cases. Again, the argument that too many frivolous lawsuits are costing Doctors, Insurance Companies and their policy holders billions of dollars every year is simply not true. In most states a Medical Malpractice case cannot be brought unless a panel of three doctors review the claim in detail and agree that there was “gross medical malpractice”. These Doctors are peers to the same Doctor that they are accusing and it is human nature to be nice to your peers. In addition to the fact that it is very difficult for a panel of three doctors to unanimously agree that there was gross medical malpractice, it is extremely costly for a Personal Injury Lawyer to pay for expert witnesses & related case costs that are required to build a case against the defendant. Frivolous lawsuits have also been associated with personal injury cases in which the client has only minor injuries. Sustaining minor injuries in a car accident or other personal injury accident and making a claim is not frivolous, it is a persons right. It should be agreed that the claim will be small and the monetary award should reflect this but it should not be considered a frivolous lawsuit. In addition, if a personal injury lawyer takes a case on a contingent payment basis then it would not be wise to take a case unless the legal claim is valid. Jacoby & Meyers was one of the first law firms to establish the fact that a contingent fee arrangement between lawyer and client is the framework necessary to level the playing field among defendants & plaintiffs in the pursuit of justice. Personal Injury Lawyer’s incentive to bring valid cases to trial The final reason that a Personal Injury Lawyer brings value and credibility to our legal systems relates to the time our justice systems takes to play out each lawsuit. In most jurisdictions it can take up to 2 years to obtain a trial date and so the Defendant has a clear advantage in delaying or even offering a fair settlement offer to the Plaintiff. Personal Injury Lawyers advance case cost money from their own funds when building a claim for their client. The are not only risking their time but their hard earned money when they fight a personal injury case for a plaintiff. This financial structure of a pending legal claim is the right framework to allow those personal injury claims with good merit make it to trial regardless of the financial strength the plaintiff. Many valid personal injury claims would be given up for financial reasons if the personal injury lawyer was not able to fund case costs. Even Defendants that have admitted liability are not inclined to make a fair settlement offer until a trial date is near. A Personal Injury Law Firm like that of Jacoby & Meyers realizes that a weak case will most likely be sent to trial and therefore be inclined to take strong cases that have a far better chance of settling prior to trial or even the filing of a lawsuit. In some cases a Plaintiff may obtain a Lawsuit Loan from a company to help pay bills until a fair settlement is reached. Legal System needs change The legal system in America does need some change and of course it will never be perfect. One change that would help avoid unnecessary claims and lawsuits is to have a panel of three experts in the field that the suit is being brought to filter out those claims that have no merit. This has been done rather successfully in the Medical Malpractice area and different forms of this approach may be successfully used in other parts of personal injury law. In Conclusion The Personal Injury Lawyer brings a very valuable legal service to the citizens of the United States, regardless of the economic standing. A contingent fee arrangement with their client is a structure that was formed around the time Jacoby & Meyers began advertising on television and has created a section of our legal system that works smoothly for all parties involved. Many plaintiffs that would not otherwise be able to receive legal services are now being serviced while the same lawyers screen for only the valid personal injury claims as not to waste their own time. It is time we recognize that the Personal Injury Lawyers provide a very valuable and necessary service to the citizens of our society. William Gladstone said “Justice delayed is Justice denied” and I couldn’t agree more. Our legal system in the United States may have some flaws but it is the Personal Injury Lawyer that improves the system. It is time we recognize that the Personal Injury Lawyers provide a very valuable and necessary service to the citizens of our society.
| | | | RELATED ARTICLES Why Litigation Is Nothing More Than A Business Tool - 26 Unbreakable Rules of Litigation! From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and every other facet of world commerce - to grow geometrically and stay around, litigation must be prudently used and mastered. Personal Injury Lawyer The history of the Personal Injury Lawyer is littered with interesting facts about the U.S. legal system and contingent fee based practices http://www.glofin.com. While many critics accuse trial lawyers of bringing frivolous lawsuits into the American legal system, nothing is farther from the truth.Personal Injury Lawyers advance their clients services and cash for case costs while funding companies like Global Financial 866-709-1100 advance cash to Plaintiffs against their pending settlements.Personal Injury Lawyers provide a valuable service to the American Justice system by working for a contingent fee which is only payable if there is recovery for their client. If there is no recovery for their client then the Personal Injury Lawyer will receive nothing and therefore these lawyers will only take cases that have merit. There is no advantage to the lawyer accepting a “frivolous lawsuit” because there is a high likelihood of no recovery and therefore no fee to the lawyer. Plaintiff Funding Plaintiff Funding is a controversial new finance area in which a plaintiff secures funding based strictly on the potential financial recovery from his or her pending legal claim.Similar to securing a mortgage against your home, a plaintiff can receive a cash advance against the potential future proceeds from a legal claim.There are no income or employment verifications and if the legal claim has no financial recovery, then the plaintiff is NOT obligated to repay the money. Living Will And Durable Power Of Attorney For Health Care. What Is The Difference A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery. Is Asset Protection Legal Perhaps youve heard of or seen Hollywoods portrayal of Swiss Bank accounts, Offshore Trusts and Corporations, and Tax Havens of the rich and famous as jet setting moguls live mysterious yet exciting lives. Your Most Personal Document NC—Every person should have a will, which should cover at least seven essential points to avoid difficulties in the future.Make sure only one Will exists.Determine who you want as your executor.Carefully plan for your dependents.Name a guardian for young children.Detail specific monies or gifts to relatives, friends or charities.Consider what people-or organizations such as a health charity or Amnesty International, should receive the residue of your estate.Put in writing the details of your funeral arrangements. Gathering The Required Data For Your Personal Injury Case You must be prepared before speaking with any of the insurance company’s representatives. Collect all important documents and evidences, including the photographs, police and medical reports, and statements of your witnesses. Take notes of important details and review the policies given by the company. Do not say anything that will cause your claim to be denied. Examine every photograph; they might see an angle that may be turned against you. Protect Your Job & Wages When people call me about employment issues they dont realize one important law- in almost every state you are terminable at will.That means that your employer can fire you anytime and for no reason at all.The only way you are protected from being fired on the spot without notice is if you have a contract of employment.A contract of employment must be in writing and should specify your length of employment, salary, terms of employment, vacation, bonus calculations, the basis of termination and any warnings to be given make it at least 3 warnings if you can prior to termination and must be signed by your employer, among other things. If you rent a home, protect it by buying Renters Insurance. Renters insurance is often overlooked by people who are renting their house or apartment.Many people don’t realize that their landlord’s insurance only covers the building that you live, there in no coverage for your personal belongs.Renters insurance usually offers full coverage to protect your belongs from fire, flooding, theft, and many other types of perils.Most renters’ policies are actually very inexpensive, especially when compared with regular homeowners insurance; and it’s easy to get a renters insurance quote.People who rent their homes or apartments may not realize that they may need liability insurance. You could be held responsible for injury to another person if they were injured in your rented residence.Fortunately, most renters insurance will guarantee personal liability coverage.Renters insurance will be able to help protect you in case of a liability lawsuit against you.In addition, if the place you are renting becomes unlivable for any reason, most renters’ insurance policies will allow additional living expenses.This means that your insurance will pay for your hotel room or any other expense you may have if your home become unlivable. Pleas & Court Appearances in New York Criminal Courts At arraignment, the District Attorney may offer a plea to a lesser charge than what you were arrested for originally. Pleas are offered to unburden an extremely congested criminal court calendar, as well as to get rid of lesser criminal cases so the District Attorney can rightfully concentrate on the more serious crimes. Alternative Billing -- Win Win Strategies Better Legal Billing: Time Slips for the Future How to Talk to the Police if Your Suspected of a Crime If you’re suspected of a crime, the police can come to your house or work or find you on the street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card from the detective under your door, or a message on your phone from him asking you to call. Are you ready for Your Students Student Loans Your son or daughter is a high school senior and your worried about the coming year, and more importantly, the coming student loans College has become so important in your childrens future that parents have begun to plan for it at their childs birth. But, not all of us, as new parents thought that far ahead or could afford too. So, now what Student loans, whether they are federal loans or not, are options to considered, but to understand first. Should You Hire An Accident Attorney The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney. Debt Consolidation.Just lump it all together! In a world where people use credit as much as they drink water, it is no surprise that so many people need debt consolidation loans. Debt consolidation loans sound like a good way of getting your debt cleaned up, but are they If you need help getting out of debt, consider all your options before choosing. You will be surprised to learn what is available to help you. How to Make a Better SSI Case It is not actually that a person’s disability claim is not believable enough or substantial enough that causes denied applications for the Social Security Disability or the Supplemental Security Income benefits. Represented or not, with undisputable medical records or not, seventy percent 70% of all disability claims are denied at applications. Does this mean that, it really makes no difference whether you present a substantial claim or not Of course not! Turnitin.com Infringes Upon Students Rights Turnitin.com is undeniably an effective deterrent to plagiarism, but it is the very issue of copyright infringement that has people questioning the legality of the site. What many people dont understand is that works do not need to be registered to be copyrighted. Every literary work that is saved to a tangible medium this includes paper, computer disk, etc. is protected by federal copyright laws. Thus, the works submitted to Turnitin.com are copyrighted and the authors hold complete rights to the works. What the Turnitin.com system does, however, is it stores the submitted paper on their servers. This is done without the students permission. Turnitin.com is operating under the pretense that teachers will force their students to submit to Turnitin.com. Thus, student papers are stored in iParadigms the company that runs Turnitin.com database. This in itself is a blatant violation of the 1976 Federal Copyright Act. Turnitin.com is duplicating copyrighted material without the consent of the student. The student is forced to submit to the site, so submissions are not considered voluntary. In addition, the site does not ask for permission to store the paper, instead, it is done automatically. My Book Contains "No Artificial Growth Hormones" I dont usually get too excited about what I read in the news.After all, what can I do about itBut one item I recently saw made me jump up out of my chair. Divorce: Coping With The Family Law Process The Emotions Lawsuit Funding Lawsuit Funding is essential to victims of personal injury who are without sufficient income and are awaiting a legal settlement.All too often a person is injured by the wrongful acts of another but must wait years to receive his or her fair compensation. |
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