Understand Your Rights. Solve Your Legal Problems
Accidents causing you bodily harm can occur anywhere from the workplace to the street, but what can you do in this situation if your livelihood is at stake? If you have been seriously injured due to someone else’s carelessness or negligence, you have the opportunity to take them to court to sue for damages. The best way to start this process is to go and consult a personal injury lawyer who can professionally handle the case and help get you the compensation you deserve. When selecting the right lawyer you first need to get one who specialises in the type of injury you endured. These kinds of lawyers have an excellent knowledge of personal injury law so they can provide expert consultation before deciding if you want to take the case to court. They can also help you get compensation through mediation instead of the lengthy court process. However, if this doesn’t work out they can take your case to court and give you a better chance of winning the case.
I’m sure you have seen plenty of posters on buses advertising lawyers that specialize in car accident injuries, this is just one type of lawyer who can get the job done properly. Many lawyers will take up a specific type of case as their area of expertise so that they can be more proficient in winning these types of disputes, this is the same for a personal injury lawyer. If you work in a factory and an unsafe machine press broke your arm causing you to seek expensive medical attention and loss of income from taking time off work you should go consult a lawyer that specialises in industrial injuries. Similarly, if you worked for a while as a chemical worker and you got a disease due to being exposed to hazardous chemicals due to employer’s negligence you should consult a lawyer who specializes in industrial disease cases. These lawyers can even specialise in psychological injuries, so if you have experienced harmful psychological or neurological trauma due to someone’s intent or even carelessness you should consult one of these attorneys. Selecting the right type of specialist will greatly increase your odds of winning the case and getting your life back on track.
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As previously discussed, specialist lawyers have a higher level of expertise in specific types of injuries so they are excellent at giving advice and explaining your rights before taking your case to court. If you are injured, you first have to find out if you have a case against the person who caused you harm, a personal injury lawyer can help determine this. If the lawyer determines that you don’t have a case to sue someone for negligence this could save you time and money that could be lost if you go to court. They could also assist you if your insurance company rejects your injury claim unjustly and if you have a case against them, they have an impeccable way of getting you the money you deserve.
Selecting the right type of specialist will greatly increase your odds of winning the case and getting your life back on track.
In fact, most personal injury cases are settled through a mediated settlement and don’t actually go to court. Having a good lawyer is the key to getting the most money out of a settlement as their knowledge of the law and negotiation skills can put the defendant’s lawyer in checkmate. If the mediation doesn’t end up the way you wanted, your lawyer will then represent you in the courtroom. Because of their deep knowledge of your specific type of injury, they will know exactly which cases to reference and laws to evoke to make your case compelling. When it comes to the courtroom you don’t ever want a dodgy lawyer, so if you want to get the most out of your lawsuit you should aim for the best lawyer you can afford, when you receive your compensation, you’ll be glad you invested.
Personal injury lawyers can be the critical factor in getting the compensation for an injury you deserve because they have the proper expertise to get you what you need. They can provide you with initial consultations so you can know if you have a case to file a lawsuit. They can also help you get a settlement through mediation, but if that doesn’t work out they have the right arsenal to win you the court case. When looking for the right lawyer always aim for quality over cost, you’ll certainly get your investment back.
On Monday, the Australian Information Commissioner filed a lawsuit against Facebook for allegedly violating its privacy laws, with requested damages that are estimated to be as high as $529 billion.
The accusation stems from the 2018 Cambridge Analytica data breach scandal, where the social media giant allowed the personal information of approximately 50 million users – including 311,127 Australians – to be disclosed to Cambridge Analytica, a US-based political data firm that worked with the Trump campaign during his 2016 Presidential election.
The maximum penalty for a digital privacy violation is $1.7 million under Australian law, resulting in the unprecedented sum of $529 billion potentially being sought as damages on behalf of the 311,127 affected Australian citizens.
“Facebook’s default settings facilitated the disclosure of personal information, including sensitive information, at the expense of privacy,” Australian Information Commissioner Angelene Falk said in a statement.
“We claim these actions left the personal data of around 311,127 Australian Facebook users exposed to be sold and used for purposes including political profiling, well outside users’ expectations.”
Facebook has already been forced to pay a comparatively small $5 billion fine to the US government for its role in the Cambridge Analytica data breach, the largest fine ever imposed by the Federal Trade Commission.
Speaking to TechCrunch, a Facebook spokesperson said that the company had already made changes to the platform following the 2018 scandal, adding: “We’re unable to comment further as this is now before the Federal Court.”
In the hours and days after being injured in a car accident that someone else caused, you will likely be experiencing a variety of overwhelming concerns and worries about how you are going to be able to move forward from this frustrating situation. How will you be able to keep your income steady while recovering? How long will you be incapacitated? Who is going to cover all of the costs that keep popping up? Most likely, you will be filing a claim with the other driver’s insurance company as soon as possible, at which point you will have a claims adjuster assigned to your case.
The insurance adjuster will spend the next days or weeks investigating your case and ultimately determining how much the insurance company will offer you for a settlement. More often than not, the offer that an insurance company ultimately makes to a victim of an accident is a pittance compared to the amount that the victim rightfully deserves. The insurance adjuster spends their time investigating every possible reason to reduce your settlement amount, which is why you should have your own support. Consider how one-sided this investigation process can be—there is someone working full-time on behalf of the insurance company to limit your settlement, and if you do not have help, then you will need to build your own counter-argument while you are trying to recover from your injuries.
The following is an overview of the steps you will go through after a car accident, with or without an attorney.
The first step is to notify the relevant insurance companies about the accident. You will have collected the other driver’s insurance information at the scene of the accident (if the driver was not insured, then you will file a claim with your own insurance company), and will need to submit your claim within a set amount of time. Once you file your claim, the insurance company will initiate an investigation.
Once the claims period is started, a claims adjuster will begin work on your case by investigating all relevant information. In many cases, you will need to attend an independent medical exam in order for the adjuster to verify the injuries that you are claiming to have suffered. Your attorney will likely advise that you get your own medical exam as close to the IME as possible in order to have another body of evidence to compare the “independent” doctor’s findings. Keep in mind that this doctor is contracted by the insurance company, so having an attorney guide you through the exam is a great way to ensure that you do not accidentally complicate your case.
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Once the claims investigation is concluded, the insurance company will make an initial settlement offer. While insurance companies generally like to position this offer as the maximum amount, this is nowhere near true. You or your attorney will now begin a series of negotiations with the team representing the insurance company with the hopes of reaching an agreement about a settlement that actually makes sense for your case. Your negotiations will rely on extensive research into the economic and non-economic damage amounts that you and your attorney have calculated.
If you are able to reach an agreement, then you will be able to accept your settlement amount and close this stressful chapter of your life with the financial support you deserve. If not, then you or your attorney will need to file an official complaint in court which will initiate an official lawsuit. Once filed, you will need to go through a discovery phase, undergo a deposition and gather evidence from other involved parties through sworn testimonies, and then reapproach the negotiation table.
Once the discovery phase is concluded, you will have another opportunity to negotiate with the new information that you have uncovered. If this negotiation fails, then you will need to begin to prepare for trial, where your case will be heard in front of a judge and/or jury, and the outcome of your lawsuit will be determined by someone other than you, your lawyer, and the team that you have been negotiating with up to this point.
New York has some of the highest pedestrian traffic rates in the US. With millions of people on the streets of New York City each day, it’s not surprising that pedestrian safety is a top concern. Even with strict legislation, plenty of space for walking, and awareness campaigns, there were still 121 pedestrian deaths and 28 cyclist deaths in NYC in 2019.
There are thousands of further injuries that stem from pedestrians being injured in New York bus accidents, collisions with passenger vehicles, and accidents involving cyclists. Fortunately, the city understands that need for enhanced pedestrian safety measure and have begun the “Vision Zero” project to address unsafe conditions for pedestrians and cyclist in the city.
If you have been injured in an accident (as a pedestrian), it is in your best interest to consult with top New York accident lawyers. It can be difficult to prove fault and receive fair compensation without appropriate legal representation. Learn more about pedestrian accidents below.
Of all people sharing the roadways and public spaces, pedestrians are the most vulnerable. If a motorist driving any type of vehicle strikes a pedestrian, the pedestrian is the most likely to suffer serious injuries and/or death. Listed below are pertinent pedestrian accident statistics.
New York City consistently ranks as one of the most places for pedestrians. This is mainly due to the high number of people that walk. While some pedestrian-involved traffic accidents are the fault of the pedestrian, many others are caused by negligent actions by someone driving a vehicle. Some of the most common causes of pedestrian accidents include:
Vision Zero is an initiative introduced by the Bill De Blasio Administration to curb pedestrian injuries and fatalities in traffic crashes. The project includes the addition of more bike lanes, speed reductions in dangerous areas, safety education campaigns, etc. Since the introduction of Vision Zero, pedestrian injuries and fatalities have dropped precipitously.
If you are a pedestrian that has been injured in a traffic-related accident (due to the partial or full fault of a motorist) it is your right to seek fair compensation. It is important to note, that if your injury as a result of negligence on the behalf of an MTA operated vehicle, it is in your best interest to connect with a proven New York City bus accident attorney as the claims process can be complex.
Pedestrians involved in traffic crashes typically sustain serious and sometimes life-threatening injuries. Medical costs, lost income, and decreased quality of life are all potential damages that you can recover compensation for. Working with an adept accident lawyer in New York City will offer you the best chance of receiving maximum compensation.
Just like doctors, lawyers are professionals that can also take on specialties. Often their practice is limited to a singular practice or a specific industry. Through the years, specialist law firms are becoming more popular due to more and more clients seeking legal services that can give them better results. With all the lawyers claiming that they offer the best services, how can you know which one to choose? Are specialist lawyers always the best choice? In this post, we’ll look at the pros and cons of hiring a specialist law firm to represent you.
When you work with a specialist lawyer, you get the assurance that you are working with the experts in their area of focus. Their years of experience and expertise in that field is an assurance that you will be represented well. For instance, a law firm might specialise in representing clients diagnosed with Mesothelioma. Their clients know that they can rely on the lawyers to have the knowledge necessary to represent them in trial or settlement cases involving Mesothelioma.
Specialist lawyers are known for providing personal service to their clients. Often, they spend their days following up and working on the case that they are handling. Clients will often receive updates about their cases. It is pretty common for specialist lawyers to handle only one or two clients at a time to make sure that they are giving their full attention to their clients and their needs.
There is a possibility that when you hire a generalist lawyer, they will spend more time studying your case rather than working on strategies that can help you win. In fact, most clients complain of general lawyers referring them to specialists once they feel that the case is beyond their expertise, which can lead to longer resolution time.
Specialist lawyers often have a reputation. This reputation often precedes them even before they go to court. Often, defense lawyers choose to settle and negotiate rather than go to court against a specialist lawyer. This is the ideal solution as it saves time and legal fees and can produce a fair settlement.
When you choose to work with a specialist lawyer, you have to understand that there may be longer wait times compared to working with general lawyers since, as mentioned, they only work on one or two clients at a time. To get around this, it’s wise to work with a specialist law firm that has a roster of lawyers that can help you with your case.
One of the downsides of hiring a specialist lawyer is the higher fees. Since they spent years studying to become experts in their field, they have the right to charge higher fees, especially since they spend valuable time to make sure that you get the compensation you deserve.
When choosing a lawyer, whether they may be a specialist or not, your top consideration should be how comfortable you are working with them. Then, you should also consider your budget, though you will only pay a percentage of your settlement in most personal injury cases. When hiring a lawyer, your best choice should always be the one who can get you the best outcome.
Most people don’t know anything about the basics of medical malpractice, despite the fact that it is a fairly common type of personal injury lawsuit. Many people who have a negative outcome from medical care believe that they should be able to sue the medical professional or hospital. In reality, there is a strict set of criteria required to bring a successful medical malpractice suit. A medical malpractice attorney will be able to discuss your legal rights.
In order to avoid risking a lawsuit being thrown out, it’s important to know the merits of a claim before proceeding. So, what are the key points to remember when dealing with a medical malpractice case?
Medical malpractice occurs when a hospital or medical professional causes an injury to a patient due to negligence. The negligence may be a result of an error during diagnosis, treatment, and/or aftercare. For a medical malpractice case to be successful, certain elements must be satisfied. These elements will be further discussed below.
There are three elements that are used to determine whether medical malpractice was committed. These elements are: A violation of the standard of care, an injury resulting from the negligence, and damages caused by the injury.
These three elements are necessary in order to discourage nuisance negligence claims, which are not only baseless accusations, but are also means to disrupt a medical professional’s life. To gain a better understanding of these prerequisites, we will discuss these elements a bit more.
Standards of care are defined as measures that a medical professional is expected to take in the course of caring for a patient in a particular circumstance. These treatment principles are deemed acceptable by medical experts in their respective fields and are what is recommended by medical training. To veer from these medical standards, as is the case with negligent behavior, puts the patient at significant risk of injury.
The injury done to the claimant must have been a direct and correlated result of the act of negligence. The claimant must prove that the injury was a result of the violation of the standards of care. If the injury was not caused by the negligent act, there shall be no case against the medical professional.
Finally, the claimant must prove that the injury caused loss of income, disability, extreme pain, or significant medical bills. The reason for this is to ensure that the pursuit of the case does not cost more than what the claimant needs as compensation. After all, lawsuits are expensive.
If you, or someone you know, suspects that you’ve been a victim of medical malpractice, it’s important to get in touch with a medical malpractice lawyer as soon as possible. A medical malpractice lawyer is going to be able to review the facts of the case as well as its viability. This will help you determine the best course of action to take.
The High Court decision of Haskell v Haskell [2020] EWFC 9 drew headlines after Preston Haskell IV was ordered to pay his wife just under £6,000,000, despite claiming to have a negative net asset position of minus £50,000,000. Below, Lawyer Monthly hears from Richard Kershaw, partner at Hunters Law LLP, who has analysed the case.
The case underlines that London's divorce judges are willing and able to grapple with sophisticated financial arrangements and look behind complex structures. They take a dim view of attempts to mislead the court.
In Mr Haskell's case, the Court quickly identified that many of the debts said to be owed by him or by corporate entities in which he had an interest were owed either to other entities in which he had an interest, to his father, or to family trusts. The Court attributed "no weight" to these "money-go-round" debts.
Whilst Mr Haskell told the Court that he was suffering liquidity problems, meaning he had no funds available to make a payment to his wife, the Court looked at whether his behaviour was consistent with this. His wife had pointed to social media posts showing that he had taken holidays to South Africa, Turkey, St Tropez, Ibiza, and Switzerland between April and July 2019, during which time he had also posed with a 1966 bottle of Château Haut-Brion.
The judge also noted that in his "supposed time of crisis" Mr Haskell had not sought to sell any assets (such as his "magnificent" Cape Town villa), nor had he let go any members of his staff. The court was also influenced by the fact that Mr Haskell had only begun to claim his financial position was in decline after the wife made clear that there would not be a reconciliation between them. The judge saw and quoted from text messages the husband had sent evidencing his change in approach, finding that the husband's behaviour amounted to "insidious coercive control".
Overall, the Court saw that "the accountancy picture is belied by the reality". The Court's refusal to accept the husband's accountancy evidence at face value, and determination to look at the reality of his financial position, continues a trend of no tolerance for non-disclosure.
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In the Court of Appeal case of Moher v Moher [2019] EWCA Civ 1482, the Court held that where someone has refused to make full financial disclosure, the court can infer that their resources are such that the award the court intends to make represents a fair outcome. The Court of Appeal emphasised that the family courts should be astute to ensure that a non-discloser should not be able to procure a better result through non-disclosure than if the truth had been told.
In Goddard-Watts v Goddard-Watts [2019] EWHC 3367 (Fam), a financial settlement made following divorce was set aside by the court for a second time after the husband had repeatedly failed to make full disclosure of his assets.
The initial order, made in 2010, had been set aside by the court after the wife discovered that the husband had failed to disclose substantial trust interests; her award increased by £6,200,000 when these were taken into account in a 2016 judgment. That order was in turn set aside after it emerged that the husband had failed to disclose negotiations to sell his business for £65,000,000, when it had been valued at £16,400,000 in the proceedings.
Ultimately, Mr Haskell's approach undoubtedly increased the wife's costs, which he had to pay, and meant the judge took a dim view of him. Moher made clear the courts' determination not to let non-disclosers profit from their conduct, and Goddard-Watts illustrates that even where a deception succeeds initially, a settlement may be over-turned if the deception comes to light. The clear message from these recent decisions is that, ultimately, it is likely to be counter-productive to seek to mislead the court.
Legally, you can represent yourself in the court of law. However, medical malpractice cases are quite serious. Doctors, especially those in highly coveted fields such as surgery, have spent most of their teen years and adult lives training to become medical professionals, and they will protect that investment, which could be in the thousands of dollars. The hospitals they work for will provide them additional benefits if they accept the medical malpractice insurance offered to them. So, do you need a lawyer for a medical malpractice case? The doctors protecting themselves will have their own tough lawyers, so you should, too.
What sets medical malpractice apart from other types of personal injury lawsuits is that the harm usually can last a lifetime, or have serious consequences for the victim’s long-term health. They will require expensive medical care. The insurance companies will find every defense for their clients.
Gathering enough evidence to support your case is an important part of going to court. Without sufficient evidence, the case will be thrown out. Compared to other types of personal injury cases, medical malpractice is unique. In a car accident, for example, the police will file a report and explain who they think is at fault. It is usually pretty clear what happened because the evidence is very large before one’s eyes. It is no exaggeration, however, to say that the human body is extremely complex, and harm may not always be so apparent. The doctor’s attorneys will try to refute your evidence with their own medical explanations.
In a case such as this one, a third-party expert may need to be called in to give their testimony. This can be an evaluation and analysis of the facts presented in the case along with an explanation of how the injury occurred, what could have prevented it, if the error was a common one or one that could have easily happened, and whether or not criminal intent could have been behind the action. They will know about the standard methods and expectations of providing care. And a great attorney has spent years cultivating these professional relationships with expert witnesses to provide you the best counsel and representation.
Medical malpractice falls under the umbrella of personal injury law, along with many other specializations, from nursing home abuse to dog bites to car accidents. So when you are looking for an attorney to represent you after you sustained an injury while under the care of a medical provider, or a loved one was wrongfully killed by a healthcare provider, you want to be sure that the attorney you hire specializes in this area. If you intend to hire an attorney who specializes in medical malpractice, you should first learn more about their profession.
Because medical malpractice laws can vary in each state, it is also advised to look for an attorney who is not only in your state but is also a member of the state bar. One such law that affects Californians is the Medical Injury Compensation Reform Act of 1975. This drove down the cost of premiums to healthcare providers so they could have sufficient coverage. Your attorney will be able to provide you accurate and relevant legal counsel for your specific case.
It’s International Women’s Day and the field of Law has come along in leaps and bounds in terms of inclusion for women. What was traditionally a patriarchal industry just over 100 years ago in 1919, has seen a historic shift, with women now making up 50.1% of the 139,624 practising legal certificate holders. But even though it has been over a century since the Sex Disqualification (Removal) Act was passed allowing women to legally practise as solicitors and barristers in England, I believe there is still a long way to go to establish the level of women in senior roles in law firms.
The legalising of female solicitors and barristers heralded an opportunity for women to play an active part in changing the law going forward and gaining senior legal positions. However, even in 2020, there are still skewed preconceptions clients may have of what a top lawyer looks like. As the founder and CEO of my own company, I handle a lot of our high-profile work for international clients and senior male businessmen. Yet, throughout my career I have been asked if “the owner of the business will be attending”, had officials request that “a man be sent next time” and even specifically been asked by clients that “only a man represent me.”
I believe flexible working can also help to tackle this problem.
Increased visibility of women as senior partners and business leaders is needed to make these occurrences a thing of the past and a large contributing factor can be whether women choose to start families. The Sex Discrimination Act passed in 1975, as well as the Equality Act in 2010, marked both pregnancy and maternity as protective characteristics, making it harder to dismiss women who fall pregnant and decide to have children. Theoretically, this should protect women’s rights, meaning women should never feel anxious that motherhood could hinder their chances of promotion into senior roles. But the reality is I had to leave my high-profile job at an international law firm due to the negative reception I received when considering starting my own family.
I set up A City Law Firm as I never wanted anyone to feel this could potentially jeopardise their career progression, so it was crucial that I created an environment where employees knew their development would not be affected by becoming a parent.
I strongly encourage more women to speak at events, stand up and stand out.
I believe flexible working can also help to tackle this problem. This option can be frowned upon and is not offered by all law firms, yet it is something we need to push for further in the UK generally, especially within the legal profession. I feel it is both urgent and essential that we ensure more women seek higher roles, knowing they can still have families if they choose. Men should also be encouraged to explore flexible working patterns and arrangements so childcare is a shared duty.
In addition, I strongly encourage more women to speak at events, stand up and stand out. We need to be at the forefront, inspiring other women and reiterating the image of what a top lawyer looks like. I’m often the only female panellist to talk at investment events so it is clear to me that visibility is key and there currently is not enough of it. Recently in 2019, the City of London celebrated women by inviting 100 women to be freeman commemorating their contributions to the City. I was proud to be recognised and awarded the Freedom of the City, feeling that it established a real turn around as a traditionally male-dominated environment, honouring the contribution women in the City have made. Yet at Guild events, there are attendees who assume it is my husband who is the freeman and approach him to enter into conversation. Progression, whilst happening, is still far too slow and for change to occur more rapidly, women need to be unafraid to be disruptive and assertive in the city.
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Although over the last 100 years women have made huge steps towards equality, there is still a long way to go. The Law Society reported a historic shift as women outnumber men in practising as solicitors stating, “Every step towards greater equality will benefit businesses, clients and solicitors alike”. It is vital that we promote and encourage equality of women lawyers working their way to more senior roles and recognise the valuable contribution that they bring to both the workforce and the law industry moving into the next century.
As we approach International Women’s Day, we speak to a group of female lawyers to hear their take on how far women have come, and what employers can do to continue to drive the change that is needed.
Ipswich-based law firm Prettys is unusual in the legal world as it has four female partners, equal to the men.
Hearing from the women of Prettys including partners Vanessa Bell, Georgie Hall and Georgina Rayment, as well as senior associate Louise Plant, they offer their advice on how employers can put the right policies in place to continue breaking down the barriers that are still holding back many women in the workplace.
The gender pay gap
Progress in tackling the pay gap between men and women is slow, says Vanessa Bell, Prettys’ Head of employment law.
But she has seen some positive steps taken to tackle the gender pay gap, particularly in the legal world, in ensuring women have greater development and sponsorship opportunities through measures such as talent and leadership training programmes.
Forward-thinking companies are also increasingly offering enhanced parental leave benefits and promoting agile working to support staff trying to juggle parenthood and a career.
“A number of initiatives and campaigns have developed over the past few years to help promote opportunities for women in the workplace,” says Vanessa.
“One of these is the Mansfield Rule, which measures whether law firms have considered women lawyers for promotions, senior-level hiring and significant leadership roles.”
Supporting working mums
With many women taking career breaks to have children, Louise Plant, Head of personal injury, highlighted what practices good employers should have in place for working mums.
“While it’s still often the case that the job can require long hours, employers should be becoming more alive to parents being able to work more flexibly in terms of hours and location so that a work-life balance is maintained as far as possible,” she says.
“A good employer recognises that the more they can do in terms of flexible working to assist parents where possible to be with their children, can ultimately result in those employees feeling valued, which in turn can lead to them working hard - and being loyal to a supportive employer.”
Dress codes
When MP Tracy Brabin faced criticism for wearing an off-the-shoulder dress in the House of Commons, it sparked a debate on dress codes in the workplace. And particularly whether women are unfairly judged on what they wear.
Georgie Hall, Head of private client, urged people to challenge gender bias.
“Most workplaces have a sense of ‘appropriate’ attire but there is often a lack of discussion between what employers think is necessary, what service users find appropriate and whether there are job specific image requirements. The issue of gender is also thrown into the mix,” she says.
“The more that we recognise the need for discussion, the greater our chance of acknowledging that the real value-added focus should be on a person’s performance.”
The next generation of women in law
With figures showing that the number of women choosing a career in law is growing, things are certainly heading in the right direction.
Law Society statistics reveal that while 50.8% of qualified solicitors are women, the rate at which they are being added to the roll is over 60%. The figure for women entering university to study law is higher still at almost 70%.
But Georgina Rayment, who heads Prettys’ family law team, says that comparatively, the number of female partners in law firms is much lower, at around 30%.
“That figure will inevitably grow because of the increasing number of women entering the law industry. Improved knowledge and information through work experience, careers fairs, vloggers and social media is accelerating the change, as is a cultural shift in law no longer being seen as a male domain. Along with more flexible working practices, this knowledge makes the prospect of a career in law more accessible and encourages female solicitors to actively seek promotion."
