Page & Eichenblatt, P.A. – Features

Personal injury is an area of law with potentially huge sums awarded. A permanently debilitating injury will change a person’s life forever, and that means a liable party must pay for those changes. Whether you have been injured and need to know the possible defenses to your case, or you are building a defense yourself, here are some common things the defense will bring up. Page & Eichenblatt, P.A. is an excellent resource for this.

Personal injury defenses usually focus on the plaintiff’s role in the injury, and their inaction afterward.

The first, and most common defense based on the plaintiff’s actions before the action is that the plaintiff was the one responsible. Whether you choose to settle the case before it goes to court, or you try and go to court with a Denver personal injury attorney, the compensation awarded is likely to be effected if the plaintiff is proven to have any fault in the incident. In some cases where the activity involved was obviously dangerous, a court may rule you assumed the risk and therefore have no claim. Some examples where an injury would be considered an assumed risk are auto racing and skydiving. Contact sports are also usually exempt, as long as the injury occurred during what would have been considered a normal phase of the game. A light pole falling on a player is therefore not an assumed risk, and the stadium owner would be liable.

Your state may follow comparative negligence or contributory negligence law. In comparative negligence, the court uses a formula to determine the percentage of fault in the accident. So if the plaintiff was found to be 40% at fault, they will only recover 60% of the damages caused, or 100-40%. So if you were involved in a motorcycle accident on 1-25 in Denver and the total damage suffered was found to be $30,000, you would end up with only $18,000. If you believe you were partially at fault, and the amount of money at stake is large, it is imperative that you contact a Denver accident lawyer to help you argue your side. Most states use this system, but they may use pure comparative negligence, which allows the the plaintiff to recover damages even if they were 99% at fault, while the modified system caps the compensation at 50% at fault. In other words, in the modified comparative negligence system, plaintiffs must be less at fault than defendants to receive an award.

Luckily for plaintiffs, Colorado is not a contributory negligence state. In contributory negligence states, if the injured party is at all at fault, they cannot recover any damages. Since Colorado does not follow contributory law, your Denver injury lawyer will still have a chance to recover some damages even if you were partially at fault.

There are a few other ways to get out of personal injury lawsuits because of plaintiff actions afterwards that are not actually defenses. Waiting beyond the statue of limitations makes lawsuits invalid. Also not clearly linking each claim of cause and effect from the defendant’s action (or inaction) to your injury will make the argument groundless. In other words, you must prove the defendant had a duty to repair a bridge, and their failure to repair the bridge caused it to collapse, injuring your hand. Just saying they owned the bridge and your hand got injured during the collapse does not go far enough. If the plaintiff did not do a good job repairing damages, the defendant may not have to pay for the consequences of inaction.

Cost Of Bail Bonds

Bail bonds’ cost can vary depending on a number of factors. Some of these factors may include the following:

-Whether or not you use a Bail Agent

-The amount of the defendant’s bail

-The state you live in

-Whether you use a credit card or take out a loan to pay the bail, fee, and/or other related costs.

-Whether the defendant flees and either forfeits bail or must be apprehended by your bondmen

Each of these situations can make cost more or less.If you’re looking for more tips, read this

Bail Bondsman Fees

If you decide to use a agent, you can expect to pay a non-refundable fee that varies from 10% to 15% of the face value of the bail bond. This fee covers the services in securing your bail bond and providing oversight of the defendant throughout the judicial process. The exact percentage of the fee varies based on where you live since each state sets the fee that may charge for their services. In Nevada, the fee is set by law at 15%.

Other Cost Factors

Other charges that are typically added to your bail bond’s cost are a non-refundable sheriff’s fee, which can cost about $10, and, if you use a bail bond, a non-refundable $25 to $35 fee charged by the insurance company that underwrites your bond through your bail bond agent. Both charges are in addition to the 10% or 15% fee for services rendered.

Those who choose to fund their defendant’s bail in some other manner than by using or to pay it directly, will not be subject to the insurance fee or the fee but will still be required to pay the sheriff’s fee, in addition to posting the full amount of the bail in one of the forms allowed by law and accepted by the court or jail in the jurisdiction in which the defendant is detained.

Should you choose to fund your bail bond with a credit card (in areas where this form of payment is accepted), you will also incur any interest charges that may come due on the amount(s) charged.

Bail Bond Forfeiture and Defendant Apprehension Costs

If the defendant fails to show up for court, you risk losing the entire amount of the bail money or collateral you’ve deposited with the court or the to secure your bond, which would ultimately add a great deal to the typical bail bond’s cost. Often forfeiture can be avoided if your agent is able to locate and work with the defendant to ensure compliance. If the defendant disappears and must be apprehended by the bail bondsman, you will be responsible for the costs incurred by the bondsman in locating and bringing the defendant back to the court’s custody.

Return of Bail Money or Collateral

Provided the defendant complies with all court requirements and shows up for all court proceedings, your bail money and/or collateral on deposit with the court or the bail bondsman will be returned to you at the conclusion of the case. This, of course, excludes any of the non-refundable charges mentioned above.

Car Accident Attorney in Gilbert -Information

What is a personal Injury?

Every year millions of people are injured in accidents and these accidents can occur at home, in their cars, at work place, or outdoors. Generally these accidents are result of someone else’s fault and in such cases the person who is not at fault has the right to make compensation. The majority of the accidents are the result of road traffic accidents (RTA’s) that make personal injury claims, some of the accidents occur at public place or public highways and few of the in the workplace. Many people suffer from personal injury, but only a few of them actually make a claim. The reason behind this is either they are not aware of their right or those who are aware do not know the process of making a claim. Some of them also say that the reason behind not pursuing a personal injury claim is that they believe their injury is not bad enough, so as to warrant a claim.Car Accident Attorney in Gilbert

Personal Injury Law:

According to personal injury law the person who has been a victim or survivor for death, harm or injury will get compensation. The damage here might be physical damage, emotional, or both. There are various things that are involved in personal injury compensation such as:

  • Physical and emotional sufferings.
  • Medical bills
  • Death of a family person

Types Of Damages:

There are two types of damage that are included in personal injury damage awards and they are compensatory damages and punitive damages.

Compensatory damages are such in which the victim is provided with a sufficient amount of compensation on the basis of what he or she would be if the damage or accident had never occurred. There are two sub classifications of compensatory damages and they are special damages and general damages. These are called as monetary losses and non-monetary losses respectively.

Next, is the Punitive damages and these type of damage are not designed to give compensation to the injured person, but in this case defendant is punished for inflicting the victim’s injuries. Such damages are not awarded in all the personal injury cases. Apart from this these damages are not considered until first type i.e. compensatory damage has been ordered.

Personal Injury Solicitor:

Although, the personal injury law is little bit complicated, but people who are injured in accidents can take help from the personal injury claim solicitors. Lawyers who have years of experience have knowledge and skills and they can guide the injured person in the process of making a claim. There are many solicitors in The United Kingdom who offer free consultations and by consulting them you can know whether you can make a valid claim or not.

In case you are injured in an accident, then you can make have the right to take a legal action to make a claim. You should take advice from a personal injury solicitor who is specialized in these types of cases. It is necessary to contact a solicitor as soon as possible after being injured in an accident as there are certain time limits for making a compensation claim. It would be better if you consult the solicitor in the early stages of your accident or injury.

The solicitor will ask you various questions for the process of making a claim of your case and few of them are as follow:

First is the date of accident, place of accident and time of the accident or injury.

Second is the contact details of the witness present at the time of the accident.

Third is a complete detail of your damages and injury which will include your medical diagnosis as well as treatments.

Fourth is the proof that is required to show the loss in your earnings as a result of your injury.

Fifth the documents those are helpful in making a claim or any evidence and photographs of the accident.

The Clark Law Office-An Overview

Personal injuries are a dime a dozen, mingling in the humdrum of daily life. Be it physical or psychological, the frequency of occurrence has reached a staggering extent. Consequently, the demand for a Settlement- legally termed as a Compromised Agreement. Personal injury attorneys are a specialized set of lawyers who cover the task of settling sustained injuries in a time-friendly manner.

In The Magic City:

In case of injuries such as an animal bite, slip-and-fall accident, birth injury etc enlisting an attorney experienced in either of those cases could increase the likelihood of recovering the costs one suffered due to his injuries. Similarly, cases such as car accidents, industrial or construction mishaps, nursing home abuse, and pedestrian accidents are beneficial when settled outside a trial.The Clark Law Office

Residents of Miami prioritize hiring a personal injury attorney after being involved in an accident. Those victims who remain oblivious often land themselves in a predicament while interacting with insurance claim agents and medical visits. The car accident attorneys of Miami address complex accident cases involving both insurance coverage disputes and product liability claims.

Statements:

According to the National Highway Traffic Safety Administration of Florida, car accidents are one of the leading causes of death in the country. Reportedly there has been a total rise of 5% in the accidents in US highways since 2015; the numbers culminated to 395,785 car accidents in 2016. From filing a lawsuit against a sexually abusive day-care to settling a long trial of a truck-motorcycle accident Miami car accident lawyers have been successful in kicking off their way to the top.

Concerns:

Although people hire an attorney to escape lengthy and expensive trials, most are reluctant to do so. However, most of injury attorney miami charge only a contingency fee- 33% to 40%.

Why? For the legal system ascribes the injured person a representation without an upfront payment. The contingency fee may vary with each case. Along with car accident lawyers, there are diminished value lawyers in Miami, who are trained to optimize the diminished value claim; they prepare a report including the damage of use value and compensation. Later, they charge the insurance company or offender directly to warrant the protection of their client’s rights.

Post nursing an injury, there are two options to weigh- either settle the matter out of court with an attorney or follow a lengthy process of trial.

Role Of Family Law Attorney

Image result for Tiffany Fina Law"These days divorce is a common reality and not just something whispered about on occasion. More and more people are inquiring about a divorce and what the legal process is. Some people really want a divorce and others simply want to know what their options are. Divorce is a legal process that allows two married people to permanently end their marriage agreement and freeing them of all marital obligations. The legal processes vary depending on whether the divorce is contested or uncontested. A contested divorce is one where both parties cannot agree on certain issues such as division or marital assets. They often go to court and require time and money.  here

Divorce lawyers deal with contested divorces regularly. The longer a couple has been married the more issues there are to deal with. When two people cannot agree completely the court will step in. Common issues are division of assets, child custody, and child support. Any time a case goes to court, it is going to take longer. The court is obligated to listen to both parties arguments and determine a final solution. In certain situations the parties may be assisted by a mediator to try to reach common ground without going to court.

The first few meetings held with a family law attorney are an interview to find out about the major issues to be decided in the divorce. They ask for any paperwork applicable to marital assets and other important factors such as children. After getting all the information they need, they will go over it and determine what is reasonable. This information is used to file the divorce petition to be served to the spouse.

Image result for Tiffany Fina Law"

If they do not respond in thirty days, they are considered to be in default and the divorce is automatically granted. The discovery phase begins before the divorce petition is filed and delivered to the spouse. All information, paperwork and other needed items are gathered by the divorce lawyers for both parties. Settlement papers may be drafted many times until a decision is reached. If both parties can not reach a settlement, the court takes over and trial proceedings begin.

The divorce trial operates much like any other type of trial. Each party is allowed witnesses and will be cross-examined by the opposing party’s lawyer. Then closing arguments will be made and the judge will make a decision. After the order has been signed by the presiding judge, either party has thirty days to file for a trial motion granting relief of the judgment. If the trial motion is denied, an appeal can then be filed to the appellate court within thirty days after the denial.

All of the steps involved in a contested divorce are complex and can be very time consuming. When a trial is needed, the amount of time increases drastically and there is no way to know exactly how long it will take. One advantage of a court trial is the ability to be granted restraining orders if there is fear of being harmed. The biggest disadvantage is that both parties can walk away financially exhausted.