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Factors Considered When Determining Liability In A Pedestrian Accidents

According to the New York City Department, driver inattention and failure to yield are the most common causes of pedestrian accidents. Whether this is being distracted from talking or texting on a cell phone, changing the radio station, or trying to eat or apply makeup while behind the wheel, these and other factors play a large role in helping to determine liability in a pedestrian accident. Unfortunately when these accidents occur, pedestrians often suffer serious or even life-threatening injuries that can forever change their lives. If you have been involved in a pedestrian accident and have questions about how your case will proceed, always consult with an experienced pedestrian accident lawyer to discuss your options.

Who Was at Fault?

When pedestrian accidents occur, police and the courts will look closely at who was considered to be at fault for the accident. For example, if alcohol or drugs may have been a factor, the court will rely heavily on the officer's testimony as well as the police report containing the driver's blood-alcohol level. However, it is also possible that while under the influence, the driver also violated various traffic laws, such as failure to yield to a pedestrian in a crosswalk. By working with a skilled pedestrian accident attorney who can use police reports to their advantage, you can receive substantial compensation for your injuries.

Pedestrian Negligence

While in most of these cases the driver is negligent or careless, there may be times when the pedestrian also contributed to their accident. Examples can include:

  • Failing to use marked crosswalks
  • Disregarding traffic signals at intersections or crosswalks
  • Jaywalking
While this may sound like it could potentially doom a case, that is not always the result. In fact, it is somewhat common for multiple parties to be responsible for the accident. In these situations, the court will examine all factors to determine what if any compensation should be awarded to the victim. Due to these complexities, always rely on a pedestrian accident attorney who has a track record of success in these cases.

Sidewalks and Roads

In some situations, a pedestrian may be hit by a driver in part due to poor conditions of the road or sidewalk. If this is the case, not only can the driver be held responsible for damages, but so can the city department that had responsibility for maintaining the road or sidewalk in a safe manner. When this occurs, always try to take photos if possible of the road or sidewalk to give to your pedestrian accident lawyer. By doing so, you can greatly strengthen your case and chances of receiving compensation for medical bills, lost wages, property damage, and pain and suffering.

Since these and other factors such as speeding may play a role in the pedestrian accident in which you were involved, do not trust your case to an attorney who has no experience handling these cases. Instead, schedule a consultation with a knowledgeable pedestrian accident attorney who will get you the compensation you deserve.

Solicitors Who Defend Complaints Against Doctors In The United Kingdom

All medical doctors in the UK, whether qualified and in practice or still training, are required to register with the GMC (General Medical Council). In the event of a complaint against a medical doctor, the regulatory function of the General Medical Council will decide, after investigation, whether the doctor in question should face a Fitness to Practise Panel in a hearing with the MPTS (Medical Practitioners Tribunal Services).

Any concern or complaint raised by the GMC can be extremely stressful and confusing, particularly when a negative outcome may impact the professional status and ability of the doctor concerned to earn a living. In order to respond to allegations in the best possible way, it is important for a doctor to immediately seek legal advice from a firm of solicitors experienced in representing healthcare professionals dealing with GMC hearings.

A team of solicitors who specialise in Fitness to Practise proceedings will help you navigate through the difficult stages of the GMC disciplinary process, as well as advise you on associated issues such as CQC investigations and how to best protect yourself and your practice. Read more here for information about hiring a medical defence lawyer.

Pending GMC Investigation

If you have been accused of breaching the professional rules of conduct as set out by the regulatory organisation for doctors in the U.K, the General Medical Council, you will be notified that an allegation has been made against you regarding your fitness to practise. You will receive a Rule 4 letter outlining the nature of the allegation before an investigation is conducted.

After the GMC case examiners have conducted their investigation you will receive a Rule 7 letter from the GMC, setting out the evidence regarding the allegations made against you. You will be given 28 days to submit a substantive response to the allegations, which will be taken into account when a decision is made regarding the outcome of the investigation.

That is why it is extremely important to contact an expert solicitor without delay to advise you on the best course of action for your particular case. You will receive expert advice on the correct way to submit your evidence to the case examiners and assistance with the submission of a written response to the GMC Rule 7 letter. Lawyers who regularly represent healthcare professionals have a great deal of experience in Fitness to Practice hearings and the appropriate way to respond to allegations.

Once a response has been received, the case examiners will make a decision based on the outcome of the investigation and recommend one of the following:

- Issue a warning - Close the case without action - Impose/accept undertakings - Refer the case for a Fitness to Practise MPTS hearing

MPTS Hearing

After considering the evidence, a panel will decide whether your fitness to practise has been impaired. Fitness to Practice lawyers will ensure that the case is well-prepared with the correct information presented to the panel, to protect your interests to the best possible extent. With the knowledge and experience in this field of law on your side, you have a much better chance of a positive outcome when defending a GMC investigation.

How To Fight Drug Possession Charges In California

Drug offenses are not taken lightly in California. Being accused of a drug possession offense could lead to spending time in jail and expensive fines. A conviction could negatively impact you for the rest of your life.

For this reason, it is important that anyone accused of a drug possession charge seek the help of an experienced criminal defense attorney. A skilled drug crimes attorney may be able to fight drug possession charges by using one or more of the following legal defenses.

The Defendant had a Valid Prescription for the Drug

Having a valid prescription is a valid legal defense against charges under HS 11350 and HS 11357. However, this defense only applies if the controlled substance possessed by the defendant was consistent with the prescription.

Therefore, this defense will not apply if the defendant:

- Had a fraudulent prescription,
- Used somebody elses prescription or possessed somebody elses legally prescribed drugs, or
- Has more of the drugs in his or her possession than is prescribed.

The Defendant Did Not Actually Possess the Controlled Substance

If the defendant did not actually possess drugs, he or she should not be convicted. There are a number of ways a skilled drug possession lawyer may be able to raise reasonable doubt that the defendant possessed drugs, including by:

- Showing that the police arrested the wrong suspect,
- Pointing out that drugs were not found on the defendants person at the time of the arrest, and/or
- Providing an alibi.

Similarly, temporary possession may be a valid legal defense. Temporary possession could mean the defendant was authorized to deliver the drugs to the person who had prescription for it, or that the defendant planned on disposing the drugs so that another person would not be able to use them.

The Defendant was Not Aware He or She Possessed Drugs

A drug possession attorney may be able to show that the defendant was not aware that he or she was carrying drugs on his or her person. For example, lets say Justin was over at his friend Matts house. The friends are about to leave the house together, but its cold outside, so Justin borrows a jacket from Matt. That night, Justin is arrested because he was carrying illegal drugs in his jacket pocket.

In this case, Justin may have a valid legal defense to drug possession charges because he did not know that the jacket he was wearing contained controlled substances.

Additionally, not knowing the controlled substance you were carrying is illegal could be a valid legal defense to drug possession charges.

The Police Performed an Illegal Search or Seizure on the Defendant

The Fourth Amendment to the U.S. Constitution protects every person in the country from illegal searches and seizures by law enforcement. This means police must have probable cause or a valid warrant in order to stop and search an individual.

If probable cause to search the defendant or a valid warrant did not exist, an experienced lawyer may have a valid legal defense to drug possession charges.

Hire an Attorney for the Best Defense

It may seem like an impossible task to fight drug possession charges in California. However, this is the job of a criminal defense attorney. Every day, criminal defense lawyers fight for clients facing criminal charges. There are valid legal defenses to drug possession charges, and private attorneys understand these defenses and when to use them. The best way to fight drug possession charges is to hire an attorney immediately.

How Much Money Is My Auto Case Worth?

One point is valuable to bear in mind, no two cases are the identical. When one case results in a specific recovery for one plaintiff this doesn't mean that your claim is worth the same simply because you were associated in the same accident. There are lots of factors and it is sometimes simply the destiny of the draw past the factors themselves.

If you conclude your case it will likely be concluded in one of three manners-- arbitration or mediation, trial by a jury or judge, or settlement before filing suit. Now lets consider some of the damage factors to value a car wreck case.

Pain and Suffering. Pain and suffering is the hurt which you suffered as a result of your injury. It's the pain affiliated with a broken bone or the pain associated with injury to the back or neck as an example. In a trial a jury or the judge will put a specific dollar amount on that specific recoverable damage. In most jurisdictions, including Maryland, pain and suffering damages are capped at a specific dollar amount irregardless how terrible an injury may be. You can thank your legislature for their prudence in capping damages in horrific cases that deserve more than a capped amount.

Another significant factor to contemplate in case value is permanency or permanent injury to the person. Permanency is the level of impairment that doesn't go away, but instead is life long as an effect of the injury. This particular variety of damage is very important because the fact finder is looking at a life time loss to the man or woman which means a calculation must be done year by year for the rest of one's life. This can turn into much bigger damage numbers. In any given case, your treating doctor will have to generate the decision as to what level of permanency you have gone through to a reasonable degree of medical probability.

Without a permanency claim for damages, damages will generally be restricted to soft tissue or short term injury. You will be paid for pain and suffering for the period of time you suffered. Essentially, if the treating doctor can not testify that you've got sustained a permanent injury to a reasonable degree of medical probability, or if there isn't any finding of a "long-term harm" by a doctor, the fact finder will probably be constrained on damages. Bear in mind that, economic damages such a medical bills incurred and lost wages are not limited like non-economic damages and are designed to compensate for all reasonable and anticipated economic loss resulting from the car crash.

Considering that the law is so specific regarding injuries and the medical documentation, it is important to follow your treating doctors' recommendations for your own course of treatment. Be certain you inform your doctor in specific detail, about all your injuries because if you fail to do so, it will not be documented and if its not documented, it never happened. Obviously, you don't over-exaggerate your claim to your medical provider but accuracy and detail is always important.

How Does No Win No Fee Work?

'No win no fee' is a very popular selling point for solicitors firms to use in their advertisements. On the face of it, this means that you will pay nothing at all unless your claim wins in court, which sounds like a very attractive prospect. But, how does no win no fee actually work in the UK? And, are there any hidden costs behind it? Below, you will find a handy overview of the main issues surrounding the concept and practice of 'no win no fee'.

Personal injury
This article will focus on the use of no win no fee for personal injury claims. Personal injury claims usually involve someone being injured due to an accident that was not their fault. If you were not responsible for an accident, and yet you were injured as a result of it, then you are likely to be awarded compensation by the court. This compensation is also known as 'damages'. Solicitors often offer no win no fee packages for personal injury claims because these claims tend to be low risk and straight forward if the claimant was not at fault. Personal injury claims are sorted out in the civil courts, not the criminal courts. Practically what this means is that in general people can be made to pay each other compensation in the civil courts, but these courts do not send people to prison.

How does no win no fee work?
Personal injury compensation at WINWales is a prime example of how no win no fee works. The principle behind no win no fee is pretty simple. You tell a lawyer what your issue is and, if they agree to take on the case on a 'no win no fee' basis, you do not pay them anything upfront unless they win the case for you. You and your lawyer will agree that they will be given a certain amount of the compensation that you receive if they win your case for you. This may be a percentage or (in rarer cases) it may be a lump sum.

Are there any hidden costs involved?
Lawyers can choose which personal injury claims they take on a no win no fee basis. So, they can select the cases that are most likely to win. As such, no win no fee most usually does mean precisely that: you will not pay your lawyer anything unless you win. This gives you great peace of mind - what have you got to lose by bringing your case to court? It is definitely worthwhile checking with your lawyer to ensure that there are no other hidden costs that they want you to pay (such as administrative costs) before you sign on the dotted line.

Is no win no fee for me?
No win no fee is often a very attractive prospect. However, it is worth bearing in mind that the amount of the damages that you will have to pay your no win no fee solicitor can be comparatively quite high. If you had gone down the traditional legal route, and paid a lawyer upfront to take on your case whether or not you win, then you will often end up paying less overall if you do win. In addition to this it is worth noting that a no win no fee solicitor does not necessarily protect you from having to pay court costs if you lose your case.

Head Injuries Are Not Just Physical

Injuries just cannot be avoided, regardless of what people can do to prevent them. These injuries can be minor, while there are some which might prove to be life threatening. They can also range from very obvious to invisible to the naked eye, probably hidden somewhere within the body.

Regardless, a head injury might be one of the worst ones that a person can experience. Head injuries can be very damaging to a person's thinking processes, especially if they are left untreated. In the worst case scenarios, a head injury can lead to permanent memory loss or the inability to normally function. For these reasons, acquiring brain injury compensation lawyers has become a very important consideration. If you got into an accident, at some point you will eventually need to consider accepting to settle a claim with the party which has injured you. This could be done through a voluntary settlement that can work best for you.

There are different types of damages that can result from an accident, and the calculation of how to pay for these damages can be different from one another. Brain injury compensation lawyers will be able to provide you with answers to these questions, however, here is a general explanation of the different types of damages that could stem from an accident.

- Special damages. These kinds of damages are also called economic losses, and are the type of damages that can be compensated with money. Another term to use for these damages is out of pocket loss rule. Special damages typically involve the inability of the person injured to make money on his own by keeping a job, and so the party at fault would have to pay the amount that the victim loses because of his inability to work. It can also involve the expenses that come with hospitalization, or in the worst case scenarios, with the death of the victim. These damages usually include lost earning capacity, lost wages, funeral and/or burial expenses (if ever the death was the result of foul play), medical expenses, and property damages.

- General damages. These are losses which cannot be completely compensated with money, and typically involves mental or emotional injury. Of course, anything that injures a person's sense of comfort and safety cannot be simply compensated with money, but since money is generally the only form of accepted compensation for any form of damage, it is used as a way to substitute any real form of truly acceptable payment. General damages are also called non-economic losses, and can include physical trauma or suffering, mental anguish, shock, embarrassment or humiliation, loss of consortium or of the claim made by the immediate family or spouse of the person injured, loss of reputation, emotional distress, and loss of companionship and society.

If you want to learn more about how to calculate how much money would be involved in a case against someone who is guilty of inflicting a head injury, you can talk to brain injury compensation lawyers and they would be glad to assist you with any needs that you may have.

Tips For Retaining Top-notch Spinal Injury Lawyers

If you or one of your loved ones have sustained a spinal injury that was preventable, you should not hesitate when it comes to litigation. This is a tedious process that will require the help of highly skilled spinal injury lawyers. Here are some pointers to keep in mind when you are in the selection process.

Ask About Experience With Spinal Injuries

When you are looking for spinal injury lawyers, it is important for you to find someone who has solid experience with this type of case. It is very common for people to head to a firm that deals with personal injuries without verifying whether or not any of the cases they have handled deal specifically with injuries to the spine.

While this injury type is included under the large umbrella that is personal injury, they have to be handled in a certain way. Spine damage is rarely reversible, which means that the compensation received needs to be more than enough to cover all associated expenses for the duration of the injured party's life. Without ample experience with this, it is possible that an attorney will urge you to ask for a compensation amount that is not adequate.

Always Verify Your Point Of Contact

It is very common to be given a consultation by a lawyer who appears to be the best the firm has to offer, then your case is handed off to someone else. Most of the time when you make the decision to hire legal help, this is based on the impression that you get from the attorney you meet with. It is important that you inquire about whether this person will be the one who is assigned to be your point of contact.

Spinal injuries tend to require a large team of legal professionals to handle the case, including special investigators that are well-trained in handling cases that involve this type of trauma. Even though there are many people who will help you along the way, it is still important that you are clear about who you should call when you have questions or there is valuable information about your case that you need to share.

Be Clear About Payment

Most of the time when people hire lawyers to help with spinal injuries, this is done on a contingency basis. This means that the attorney is not paid unless you win your case. At that time, they take a percentage of the amount you are given. What many people fail to realize is that this percentage does not usually cover the attorney's out-of-pocket fees, which means that you will be responsible for reimbursing them for this as well.

A spinal injury is life-changing and it will take a great deal of work to cope with the physical and emotional trauma that comes with it. Hiring a great lawyer can help you handle the process in the best possible manner, and the information provided here will assist you in finding the right one.

Hiring A Brain Injury Compensation Lawyer

When is the best time to contact a brain injury compensation lawyer? The answer to that question is as soon as any symptoms develop and your doctor verifies that it is probable that they are manifested due to the brain trauma experienced.

Symptoms such as the onset of dizziness at odd times, difficulty focusing or concentrating, severe headaches, difficulty in falling asleep at night, falling asleep during the day at odd times, blurred vision, unexplained fatigue, problems in remembering things and similar symptoms are indicative of brain trauma.

The one big problem in litigating brain trauma cases in the past has been the delay in onset of symptoms with victims who have suffered head injuries. Most of us during our lifetimes suffer some sort of head bumps and bruises through incidents such as bumping our head in a fall or on a cupboard door left open above us as we stand up.

Most of these incidents are minor, but recent medical studies have recently brought to light that there are predictive indicators that portent more severe trauma for future years. Much evidence has come forth from the recent events with the retired football players of the National Football League and their experiences with head trauma.

Leading attorneys and law firms in this field are certainly up-to-date with all of the latest studies and trends, so that their clients can be protected from the outset of an injury as well as through the years.

It is vital that if an individual has suffered a serious head injury or brain trauma, through no fault of their own, that they contact a leading brain injury compensation lawyer as early in the experience as possible.

Medical science has advanced amazingly far in the past several years in the predictive aspects of brain injury, and you absolutely need to be working with lawyers who are at the top of their field in this category.

For one thing, leading brain injury lawyers will always be totally up to date not only in the legal aspects of this category, but they will be experts in the medical areas as well.

For example it is now known that brain injury creates microhemorrhages that can be measured as to the severity and the possibilities of future damage. A recent article in The American Journal of Neuroradiology has shown that these microhemorrages are "time dependent" which if fact make them "ticking time bombs" which means that they do not fade over a period of time. These microhemorrages tend to worsen over time.

There are other indicators that show strong evidence of future deterioration of a person's probable dim future due to the injury to the brain.

It is tragic to see a person's life altered so much by brain injury. A life's work can be destroyed in an instant. This not only affects the individual who has suffered the injury, but also the family and the caretakers who are sacrificing their own interests to become the caretaker.

Expert legal assistance in this area has proven to be the answer when it comes to the receipt of a justified settlement which helps in some measure to compensate for the terrible effect of the brain injury incident.