3 Warning Signs That Your Lawyer's No Good

via Tumblr hobbsr04.tumblr.com/post/139608716302 We all have different tastes, and varying notions of what makes a thing great. Some of us tend to the simple yet sophisticated, while others are into ostentation and flair. Just like there is no one way to be well-dressed or well-read, there are different styles of lawyering, and all different kinds of attorneys make good lawyers. Still, there are some general signs of someone who is, frankly, just no good. If you see these in your personal injury lawyer, you should reconsider representation. Fast Food Lawyering Some law firms specialize in fast food lawyering, which is to say they have a single approach to all cases. They make promises, guarantee specific results, insist you settle, and are pretty vague about when they will communicate about your case. Maybe you will end up with one of these lawyers because they invest a lot of resources in advertising and have offices nationwide. But these firms are commonly referred to as settlement mills because they do not practice law ethically and they don’t put their clients first. Three Warning Signs Three signs of a shady injury lawyer to watch for, spelled out, are as follows: Guaranteed Results: Any attorney who promises you an outcome is violating an ethical duty he or she was sworn to uphold. No one can promise you particular results. What they can promise is to work for you and do their utmost. Anything more than that is boasting or worse, and may be a sign your lawyer doesn’t walk an ethical line. Insistence on Settlement: You are entitled to take your case to trial, even if your lawyer advises against it. An attorney who absolutely insists on settlement and won’t even talk trial is probably trying to maximize the dollar value of their time. Not all cases should go to trial, and the vast majority of cases don’t. But a good lawyer will explain the risks and be willing to consider it. Vague on Communication: A lawyer who is uncommunicative will not make a good representative. Your attorney should let you know about developments in your case on a regular basis, and if there are none, if things are stalled, you should know why. Clients are often unhappy about their lawyer’s lack of communication and sometimes unjustly so — even a good lawyer who lets you know what is going on won’t be in constant contact. But if you can’t ever reach your attorney to ask questions or get guidance, you should be asking yourself if you’re getting the right representation. Consult With Counsel If you have been injured, consult with an attorney, or even two or three. Many lawyers will consult for free or a low fee and will be happy to assess your case. Pick the lawyer that’s to your taste … and someone who will be great. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) First Steps in a Personal Injury Claim (FindLaw) Meeting With an Attorney (Findlaw) from Injured blogs.findlaw.com/injured/2016/02/3-warning-signs-that-yo... via Blogger hobbsr04.blogspot.com/2016/02/3-warning-signs-that-your-l...

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3 Warning Signs That Your Lawyer's No Good

We all have different tastes, and varying notions of what makes a thing great. Some of us tend to the simple yet sophisticated, while others are into ostentation and flair. Just like there is no one way to be well-dressed or well-read, there are different styles of lawyering, and all different kinds of attorneys make good lawyers.

Still, there are some general signs of someone who is, frankly, just no good. If you see these in your personal injury lawyer, you should reconsider representation.

Fast Food Lawyering

Some law firms specialize in fast food lawyering, which is to say they have a single approach to all cases. They make promises, guarantee specific results, insist you settle, and are pretty vague about when they will communicate about your case.

Maybe you will end up with one of these lawyers because they invest a lot of resources in advertising and have offices nationwide. But these firms are commonly referred to as settlement mills because they do not practice law ethically and they don’t put their clients first.

Three Warning Signs

Three signs of a shady injury lawyer to watch for, spelled out, are as follows:

1. Guaranteed Results: Any attorney who promises you an outcome is violating an ethical duty he or she was sworn to uphold. No one can promise you particular results. What they can promise is to work for you and do their utmost. Anything more than that is boasting or worse, and may be a sign your lawyer doesn’t walk an ethical line.
2. Insistence on Settlement: You are entitled to take your case to trial, even if your lawyer advises against it. An attorney who absolutely insists on settlement and won’t even talk trial is probably trying to maximize the dollar value of their time. Not all cases should go to trial, and the vast majority of cases don’t. But a good lawyer will explain the risks and be willing to consider it.
3. Vague on Communication: A lawyer who is uncommunicative will not make a good representative. Your attorney should let you know about developments in your case on a regular basis, and if there are none, if things are stalled, you should know why. Clients are often unhappy about their lawyer’s lack of communication and sometimes unjustly so — even a good lawyer who lets you know what is going on won’t be in constant contact. But if you can’t ever reach your attorney to ask questions or get guidance, you should be asking yourself if you’re getting the right representation.

Consult With Counsel

If you have been injured, consult with an attorney, or even two or three. Many lawyers will consult for free or a low fee and will be happy to assess your case. Pick the lawyer that’s to your taste … and someone who will be great.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• First Steps in a Personal Injury Claim (FindLaw)
• Meeting With an Attorney (Findlaw)

from Injured http://blogs.findlaw.com/injured/2016/02/3-warning-signs-that-your-injury-lawyers-no-good.html

Viagra Lawsuits Over Skin Cancer Risk on the Rise

via Tumblr hobbsr04.tumblr.com/post/139589893097 Hot on the heels of a report showing a correlation (not causation, guys, don’t worry) between using Viagra and developing melanoma, comes a growing number of lawsuits against Pfizer, the maker of the erectile dysfunction medication. So many, in fact, that the Judicial Panel on Multidistrict Litigation is holding a hearing to consider whether to coordinate all of the national litigation against the Viagra manufacturer. So what are the risks, and what do you need to know about the expanding litigation? It’ll Make You Go Blind, but Might Not Give You Cancer The makers of Viagra should be well acquainted with multidistrict litigation (MDL) from a series of federal lawsuits ten years ago accusing the drug of causing blindness. This round of litigation is based on a study published in JAMA Internal Medicine in 2014 that found men who used Viagra were 84 percent more likely to develop melanoma over a period of 10 years. While melanoma is an extremely dangerous form of skin cancer, the study only found an overlap between men who took Viagra and men who developed melanoma — it didn’t find that Viagra causes melanoma. These lawsuits, however, contend Pfizer failed to properly test the drug prior to promoting it to doctors and patients, that the marketing materials for Viagra are false and misleading, and that Viagra’s warning label is defective. MDL Not Quite a Class Action If an MDL is granted, it means that federal cases in Alabama, California, Minnesota, New York, and North Carolina would all be coordinated. But it doesn’t mean that just any defendant can hop on board. While an MDL allows multiple plaintiffs to cooperate, their cases remain distinct, unlike a class action lawsuit, which consolidates multiple defendants into one case. It appears as though Pfizer won’t fight the establishment of an MDL in the Viagra melanoma lawsuits. But the bigger decisions, like whether or not to settle and a judge or jury’s ultimate ruling, will not come until much later. If you’ve been harmed by a drug or have questions about the Viagra lawsuits, you can contact an experienced personal injury attorney near you. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Merger of Viagra Maker and Allergan Could Be Biggest of 2015 (FindLaw’s In House) Hearing Loss Risk Added to Impotence Drug Labeling (FindLaw’s Common Law) Motorcyclist’s 20-Month Erection Lawsuit Peters Out in Court (FindLaw’s Legally Weird) from Injured blogs.findlaw.com/injured/2016/02/viagra-lawsuits-over-sk... via Blogger hobbsr04.blogspot.com/2016/02/viagra-lawsuits-over-skin-c...

via Flickr http://www.flickr.com/photos/87814799@N02/24492628484

Viagra Lawsuits Over Skin Cancer Risk on the Rise

Hot on the heels of a report showing a correlation (not causation, guys, don’t worry) between using Viagra and developing melanoma, comes a growing number of lawsuits against Pfizer, the maker of the erectile dysfunction medication. So many, in fact, that the Judicial Panel on Multidistrict Litigation is holding a hearing to consider whether to coordinate all of the national litigation against the Viagra manufacturer.

So what are the risks, and what do you need to know about the expanding litigation?

It’ll Make You Go Blind, but Might Not Give You Cancer

The makers of Viagra should be well acquainted with multidistrict litigation (MDL) from a series of federal lawsuits ten years ago accusing the drug of causing blindness. This round of litigation is based on a study published in JAMA Internal Medicine in 2014 that found men who used Viagra were 84 percent more likely to develop melanoma over a period of 10 years.

While melanoma is an extremely dangerous form of skin cancer, the study only found an overlap between men who took Viagra and men who developed melanoma — it didn’t find that Viagra causes melanoma. These lawsuits, however, contend Pfizer failed to properly test the drug prior to promoting it to doctors and patients, that the marketing materials for Viagra are false and misleading, and that Viagra’s warning label is defective.

MDL Not Quite a Class Action

If an MDL is granted, it means that federal cases in Alabama, California, Minnesota, New York, and North Carolina would all be coordinated. But it doesn’t mean that just any defendant can hop on board. While an MDL allows multiple plaintiffs to cooperate, their cases remain distinct, unlike a class action lawsuit, which consolidates multiple defendants into one case.

It appears as though Pfizer won’t fight the establishment of an MDL in the Viagra melanoma lawsuits. But the bigger decisions, like whether or not to settle and a judge or jury’s ultimate ruling, will not come until much later. If you’ve been harmed by a drug or have questions about the Viagra lawsuits, you can contact an experienced personal injury attorney near you.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Merger of Viagra Maker and Allergan Could Be Biggest of 2015 (FindLaw’s In House)
• Hearing Loss Risk Added to Impotence Drug Labeling (FindLaw’s Common Law)
• Motorcyclist’s 20-Month Erection Lawsuit Peters Out in Court (FindLaw’s Legally Weird)

from Injured http://blogs.findlaw.com/injured/2016/02/viagra-lawsuits-over-skin-cancer-risk-on-the-rise.html

Social Security Disability Insurance FAQs

via Tumblr hobbsr04.tumblr.com/post/139510470797 So you have been paying into Social Security for years. Unfortunately, you need something from the system because you’re disabled and cannot return to work. But you don’t know much about benefits or how to get them. Here are ten frequently asked questions about Social Security Disability Insurance and how to apply. 10 FAQs What is SSDI? Social Security Disability Insurance is a form of government insurance associated with work. It is paid with deductions from your paycheck and serves individuals who have paid into the Social Security system. What does SSDI do? SSDI provides payments to people who have become disabled — physically or mentally — and are no longer able to work full-time. How do I qualify for SDDI? In order to be considered disabled for the purposes of claiming benefits, you must show that you have a condition that prevents you from working full-time and earning a certain income. How soon can I apply for SSDI? You cannot apply for SSDI unless you can show that the condition you have has lasted or is expected to last 12 months, or is expected to result in death. Is every illness covered? The Social Security Administration maintains an official list of medical impairments that qualify for SDDI, including both mental and physical conditions, called the “blue book.” But even if your specific condition is not listed in the blue book, you can still show an individual need for relief and may qualify. How are decisions made? Each disability determination is done on an individual basis, which means that no one qualifies automatically but also no one can be denied benefits without a review of their application. How do I apply? You can apply online, in person, or over the phone. What do I need? You will need medical records and a list of your visits to health practitioners, past taxes, your prescription medications, and SSDI forms. What if my claim is denied? Do not be discouraged by an initial claim denial. You may just need more documentation or better records, or maybe you missed a step and have to do that again. There are bases for appealing denials and opportunities to fix erroneous filings. Do I need a lawyer to apply? You do not need an attorney to apply for SSDI benefits. But if you are denied or you just find administrative processes like these daunting, do consider consulting with counsel. A lawyer can help you understand the process and ensure it goes smoothly the first time by guiding you through the considerable paperwork. Consult With Counsel Many attorneys who handle disability claims consult for free or a low fee. Even if you aren’t sure that you need a lawyer, it cannot hurt to speak to someone and get a sense of what comes next. Get guidance. Related Resources: Was your Social Security Disability Insurance claim denied? Have your claim reviewed for free. (Consumer Injury) What Is the Diference Between SSDI and SSI? (FindLaw) Preparing for Your Social Security Disability Hearing? (FindLaw) from Injured blogs.findlaw.com/injured/2016/02/social-security-disabil... via Blogger hobbsr04.blogspot.com/2016/02/social-security-disability-...

via Flickr http://www.flickr.com/photos/87814799@N02/24465788584

Social Security Disability Insurance FAQs

So you have been paying into Social Security for years. Unfortunately, you need something from the system because you’re disabled and cannot return to work. But you don’t know much about benefits or how to get them. Here are ten frequently asked questions about Social Security Disability Insurance and how to apply.

10 FAQs

1. What is SSDI? Social Security Disability Insurance is a form of government insurance associated with work. It is paid with deductions from your paycheck and serves individuals who have paid into the Social Security system.
2. What does SSDI do? SSDI provides payments to people who have become disabled — physically or mentally — and are no longer able to work full-time.
3. How do I qualify for SDDI? In order to be considered disabled for the purposes of claiming benefits, you must show that you have a condition that prevents you from working full-time and earning a certain income.
4. How soon can I apply for SSDI? You cannot apply for SSDI unless you can show that the condition you have has lasted or is expected to last 12 months, or is expected to result in death.
5. Is every illness covered? The Social Security Administration maintains an official list of medical impairments that qualify for SDDI, including both mental and physical conditions, called the “blue book.” But even if your specific condition is not listed in the blue book, you can still show an individual need for relief and may qualify.
6. How are decisions made? Each disability determination is done on an individual basis, which means that no one qualifies automatically but also no one can be denied benefits without a review of their application.
7. How do I apply? You can apply online, in person, or over the phone.
8. What do I need? You will need medical records and a list of your visits to health practitioners, past taxes, your prescription medications, and SSDI forms.
9. What if my claim is denied? Do not be discouraged by an initial claim denial. You may just need more documentation or better records, or maybe you missed a step and have to do that again. There are bases for appealing denials and opportunities to fix erroneous filings.
10. Do I need a lawyer to apply? You do not need an attorney to apply for SSDI benefits. But if you are denied or you just find administrative processes like these daunting, do consider consulting with counsel. A lawyer can help you understand the process and ensure it goes smoothly the first time by guiding you through the considerable paperwork.

Consult With Counsel

Many attorneys who handle disability claims consult for free or a low fee. Even if you aren’t sure that you need a lawyer, it cannot hurt to speak to someone and get a sense of what comes next. Get guidance.

Related Resources:

• Was your Social Security Disability Insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• What Is the Diference Between SSDI and SSI? (FindLaw)
• Preparing for Your Social Security Disability Hearing? (FindLaw)

from Injured http://blogs.findlaw.com/injured/2016/02/social-security-disability-insurance-faqs.html

When to Hire a Lawyer to Sue for Property Damage

via Tumblr hobbsr04.tumblr.com/post/139450337232 Damage to your property can happen in all sorts of ways. Your car or even your home can be damaged in a car accident. The same could happen from falling trees or branches. Your car might even fall victim to a stray golf ball. No matter how it happens, it may be difficult to get compensated for your damaged property. And insurance may not cover everything. Here’s what you need to know about hiring a lawyer to file a property damage claim. Property Damage Claims It’s one thing to say that a person is liable for the property damage caused by his or her negligence. But proving it can be quite another. There are four elements to a standard negligence claim: Duty: The defendant owed you a legal duty to use reasonable care under the circumstances; Breach: The defendant breached that legal duty by acting or failing to act in a certain way; Causation: It was the defendant’s breach that actually caused the damage to your property; and Damages - Your property was damaged as a result of the defendant’s actions. In order to be compensated for the damage to your property, you will need t be able to prove all four elements. And provide an accurate estimate of the amount of damage your property sustained. Property Damage Cases Proving property damage liability in court can be a complicated process, which is why it helps to have an experienced attorney on your side. And there are ways to help your attorney, as well. Documenting the damage and tracking your exact costs after the accident are just some of the first steps you can take in a property damage case. Any statements from the person who causes the damage or from an insurance company could also help. If someone has damaged your property, you can contact an experienced attorney near you. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured) When Is It Too Late to Sue for Injury? (FindLaw’s Injured) First Steps in Personal Injury Claim (FindLaw) from Injured blogs.findlaw.com/injured/2016/02/when-to-hire-a-lawyer-t... via Blogger hobbsr04.blogspot.com/2016/02/when-to-hire-lawyer-to-sue-...

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