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Switching Personal Injury Lawyers: What You Need to Know


 

No matter what situation you are dealing with, hiring a lawyer is one of the most important decisions that a person can make. This decision means trusting an individual with your loved ones, assets and outcome of your future. Because of this, you want to be completely confident in the person you choose to handle your case.

But what if a lawyer has already been hired? Is it too late to make a change if unexpected conflicts or inadequacies arise? That’s why we want to give you more insight on Switching Personal Injury Lawyers: What You Need To Know.

If you are unhappy with the results you are getting from your personal injury lawyer, or maybe you find someone more suited to your specific case, you can most certainly switch out your personal injury lawyer. While the new lawyer will have to essentially start from the ground up, it is still worthwhile for achieving positive long term results. 

OKC Business Lawyer

If a relationship continues with a law firm while there is constant conflict, it could be a big stressor point on top of everything they are already going through. But how do you make this switch happen practically? And how do I know when to make the switch if any?

Let’s start by looking at some of the clear signs you can look for that can indicate that it’s time to make a change.

When Should I Switch To A Different Personal Injury Lawyer?

Depending on what kind of person you are, confronting your current lawyer on certain issues may be easy, or it may be very difficult. Regardless, some signs can’t be ignored when it comes to assessing your current OKC business lawyer. Signs that include:

Your Personal Injury Lawyer Isn’t Keeping You Updated

Personal injury cases can sometimes take a long time to resolve, and having constant contact with your attorney during this time just isn’t a reality. While everyday communication isn’t part of the equation, you should be receiving regular updates and basic information on what’s happening in your case.

Your lawyer should also be giving you a clear timeline for any of the next steps you will be taking all along the way. If this is something you aren’t getting from your personal injury lawyer, you should start researching new options right away.

Your Personal Injury Lawyer Isn’t Answering Your Questions

One of the great things about having an OKC business lawyer with years of experience and expertise is that they can handle any of the technical or complicated legal matters that we aren’t able to understand. At the same time, this doesn’t mean that you shouldn’t be able to ask your attorney any questions about your case.

An attorney that works for you should be able to handle any questions that you have and give you an answer that is uncomplicated, clear and concise. If instead, they are ignoring you, brushing your question to the side, making you feel unintelligent or aren’t answering any of your phone calls, it’s probably time to find a new lawyer.

Your Personal Injury Lawyer Isn’t Your Main Contact

When you are spending this much money on hiring an OKC business lawyer, you should be able to speak to your personal injury lawyer. Sometimes, law firms will give you the workaround and have you speak to almost everyone except the lawyer that you have hired.

This leaves you frustrated and misinformed, which probably means that your case isn’t getting the proper personal attention that it deserves.

Instead of just dealing with all of the negative side-effects of this kind of relationship, choose to find a lawyer who will value you and your case.

Your Personal Injury Lawyer Is Making Frequent Mistakes

Personal injury cases can have many variables, which means a lot of mistakes can be made. Situations occur like the law firm asking again for documents that you have already sent it, or they forget to send you a copy of the pleading. Things happen and this is understandable in a proceeding of this nature.

However, a firm that is constantly making mistakes like failing to send information, losing certain documents, or procrastinating on important issues means that they aren’t managing your case efficiently or effectively.

These types of mistakes can end up costing you dearly if they occur in the courtroom or with the opposing counsel. If you are seeing signs of frequent mistakes from your OKC business lawyer, it’s time to look for a firm that will take your case seriously.

Your Personal Injury Lawyer Doesn’t Treat You With Respect

In a personal injury case, you will not get the information that you require to feel secure about your case unless you feel completely comfortable talking to the attorney that you have hired.

If there is a disconnection or misunderstanding with your attorney, they may not hear or understand vital information that you are needing to pass on to them.

Texting or calling your attorney shouldn’t give you anxiety. If you are hesitant to give your attorney a call or you are withholding information because you are afraid of what the reaction will be, it’s time to find an attorney who will respect you and make you feel as comfortable as possible.

Your Personal Injury Lawyer Isn’t Making Progress

Any personal injury case can take a significant amount of time depending on the situation, so the progression of a case is relative.

Regardless, if you are getting the sense that your OKC business lawyer isn’t prioritizing your case or doesn’t have the skill set to move your case to the next step, it’s a good idea to view this as a red flag and move on to the next attorney.

What Makes A Good Personal Injury Lawyer?

Now that we have highlighted some of the red flags to look for in your attorney, what are some of the things that make a good personal injury lawyer? When looking for your new attorney remember that:

A Good Personal Injury Lawyer Knows The Law

The law is complicated and it’s always changing. One of the best traits of a personal injury lawyer is that they can stay up-to-date regarding statutory changes and recent legal precedent.

They also make a point to stay active in bar associations that are related to their field and regularly participate in continuing legal education.

You should be able to know whether or not your OKC business lawyer is knowledgeable about the law by listening to the way that they talk about your case. Lawyers like this won’t give you shallow assurances but will talk about facts, statistics, and layout the process for their clients in a clear way.

A Good Personal Injury Lawyer Has Experience

When hiring a lawyer for your personal injury case, you most certainly don’t always need someone who has been practicing for 30 years to be able to get successful results at a trial.

However, this doesn’t always mean that your situation should be a charity case for up and coming lawyers either.

You must hire a personal injury lawyer that has at least some previous trial experience. The more cases that they have solved that are related to your case, the better they will be at solving yours.

A Good Personal Injury Lawyer Is Honest

Promises, flattery and smooth talk are all easy to fall for, but at the end of it all, you want to hire a lawyer who will when the case.

The best lawyers in the industry are those that choose to be very upfront and honest with all of their clients. Not just when things are going well, but when the outcome is not looking promising either.

When you are potentially dealing with months of work on a case, honesty goes much further than flattery.

How Do I Find The Right Personal Injury Lawyer?

So now that you know more about what makes a good personal injury lawyer, how do you find one? Here are a few simple recommendations that you will be able to use today:

Find The Right Personal Injury Lawyer Through Friends & Acquaintances

One of the most basic and quick ways to look for a new personal injury lawyer is to reach out to your friends and acquaintances. Many are surprised to find that so many people have been in similar situations and have used an attorney that they were pleased with.

Find The Right Personal Injury Lawyer Through One You Already Know

If you have used a lawyer in the past, or if you are acquainted with one through other gatherings or functions, they may be great at what they do. They may be perfect for the job, or they might be able to recommend someone if they don’t think they are the right fit for your case.

Find The Right Personal Injury Lawyer Through Lawyer Directories

Advertising directories are also a great way to search for lawyers. You will be able to find many attorneys with education, experience and see each of their fee structures. Take some time to research a couple of different directories to find the best fit for you and your case.

 

 

 

 

This article was sponsored by Bruner Law Firm, an OKC business law firm in Tulsa, Oklahoma. They specialize in mergers and acquisitions and have a long track record of producing great results for their clients. You can visit their OKC business lawyer website here to learn more.

 

Do Business Lawyers Investigate Crime Scenes?


Business lawyers handle a lot of cases that deal with issues concerning business properties, business disputes, business laws, business regulations, business mergers, and business acquisitions. They are also in contact with clients who are employees, business owners, and insurance agencies. 

With all of these different variables and contacts, there are bound to be cases with criminal activity and crime scenes, and there is a lot of physical evidence that needs to be looked through before the case comes to a close.

But what is a business lawyer’s role when crimes like these occur?  Do business lawyers investigate crime scenes? Or do they stay in the office?

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Lawyers rarely ever go to an actual crime scene to investigate. Normally, a criminal business or defense lawyer will be in communication with a crime scene investigator who has access to physical evidence, photos and other important pieces of information, but this occurs a good amount of time after these pieces of evidence have been studied and tested in great detail ahead of time. 

While many lawyers occasionally have situations where they need to investigate physical evidence or look further into some situations to make final deliberations on a case, there are other types of lawyers who deal with criminal cases and the investigations of crimes on a daily basis. 

What Kind Of Lawyers Work With Criminal Cases? 

 

Dealing with criminal cases is normal for most lawyers, but the person who will deal with criminal cases the most is a criminal attorney. 

A criminal attorney’s job is to assist their client in fully comprehending the complexities of criminal law. They will also spend time helping their clients comprehend how what they have done may not actually have broken a criminal law. 

If this attorney is working in defense, they will probably support their client by explaining how a certain action step may result in a criminal offense. If this lawyer is working for the state, their job would be to help police officers gain a clear understanding of the best ways to practice the enforcing of the law.

For the defense attorney, their goal is to develop a strong defense for their client and collect as much evidence as possible to help support their case. Once they have all of the information and have looked into details from the crime scene, the criminal lawyer will figure out if a viable defense has been assembled. 

For the prosecuting attorney, their job is to highlight any evidence in favor of the client for prosecuting the case. They will make important choices about what direction to come at the case from on behalf of the client they are representing. 

So if criminal lawyers are dealing with a lot of the crime scene investigators, what are business lawyers dealing with on a regular basis? 

What Kind Of Cases Do Business Lawyers Work With? 

While business lawyers may not be on the scene of certain crimes, they definitely have their plates full with advising businesses on the vast amount of legal rights, obligations, and responsibilities they have. The number of legal issues that arise in this field can be staggering. 

Some of the areas that business lawyers assist in are: 

Mergers & Acquisitions — In this area, business lawyers will help their clients by helping them find the correct amount of financing for mergers and acquisitions and assist them by giving council about negotiations, drafting and contracts in preparation for the sale areas of the companies. 

Business Lawyer In Tulsa

These kinds of mergers and acquisitions events are extremely complicated and deeply impact the businesses involved on every level, so this needs to be done with absolute professionalism and accuracy, despite the complexities of the process. 

Company Disputes — Even if the businesses are small, disputes can blow up to be a very large problem that needs mediation. Two companies with multiple disputes will result in a very time-consuming, complicated and difficult process. 

A business attorney will be able to help both of the businesses come to an agreement via the means of mediation, litigation or binding arbitration, and will do their very best to save both of the companies time and money in the most peaceful way possible. 

Company disputes are able to start as a bi-product of many different kinds of situations, but some happen more regularly than others. One example is that businesses that are employing purchasers, contractors, suppliers or business partners do not come to an agreement over the terms of a contract. 

Business disputes can also come from trade secrets being shared without it being previously approved or authorized. When intellectual property, sensitive or confidential information or other secrets are distributed incorrectly, it opens the door for a myriad of problems. 

Business Regulation & Laws — All businesses are required to adhere to local, state and federal laws that directly impact the operations of the company. Depending on how big the business is will determine what kind of regulations and laws are applicable and which ones are not. 

A lot of new companies need a business lawyer because they can easily be swallowed up by the huge amount of details that come with a start-up business. A brand new company needs to be aware of corporate governance by helping them keep up the requirements for keeping a corporation status, assist them with their intellectual property by securing patents and trademarks, and even with coming up with an exit strategy by developing buy-back or buy-sell agreements to make sure that any shareholders or partners can avoid legal problems when trying to sell their interest. 

A business lawyer is able to assist new companies by walking them through all of these different legal steps and is able to answer any questions they have along the way. They are also able to provide many more valuable services that aren’t mentioned here in this article. For more information on what services a business lawyer is able to provide, click here

 

 

 

 

 

 

 

This article was sponsored by Bruner Law Firm in Tulsa, Oklahoma. They specialize in mergers & acquisitions law and have a long track record of producing great results for their clients. You can visit their website here to learn more.

What Type Of Lawyer Do I Need For A Will?


There are a lot of different things that legal teams are able to provide to their clients. Some are able to help you with defending against crimes or charges brought up against you, while other lawyers will be able to help you with other family matters like the process of adoption, or divorce.

Knowing who to go to for basic legal matters like these are pretty straight forward, but in times where family members or loved ones pass away, what type of lawyer do you need for a will?

When you are looking to hire someone to draw up a will, you need to go to someone who works as a probate attorney, or an estate planning attorney. These types of lawyers have knowledge and experience in trust administration, probate, estate planning, elder care, and special needs issues that surpass general family law practitioners.

What Does A Probate Attorney Do?

A probate attorney is basically an advisor to the beneficiaries of an estate or personal representative on how to handle any final matters of someone who is deceased.

These kinds of attorneys are able to help someone come up with a last will and testament so that the members of their family have a sense of security, comfort, and safety if untimely death should occur. These kinds of lawyers are also able to help with powers of attorney, medical powers of attorney and even trust planning.

Some other things that this type of lawyer is able to assist in are in matters that deal with tax issues, retitling of a decedent’s assets and requesting court permissions for a variety of reasons.

Tulsa Probate Lawyer

There are some probate lawyers that specialize in cases where beneficiaries and representatives have become entangled in different lawsuits that are somehow related to the decedent’s estate or when the validity of the last will has been challenged in a will contest. These kinds of lawyers are called probate litigators or estate and trust litigators.

There is no law that says that you absolutely must hire a lawyer to handle an estate or write a will, so technically you are allowed to attempt these actions on your own. This is not recommended though because if things are not filed or executed correctly, it can end very badly with a personal liability lawsuit. Complications with wills happen very regularly, so it is always good to have a probate attorney on your side to do the work that is needed to be done.

What Are The Benefits Of Hiring An Estate Planning Attorney?

If you want to make sure all of your affairs will be handled with extra care, expertise and attention, you most definitely want to consider hiring an attorney. The benefits and security that come from taking this route produce a vast amount of benefits for you and your family.

When dealing with properties and estates, no two are ever the same. Each individual person has different fears, goals, dreams, preferences, and needs when it comes to this kind of process. When you hire an attorney that is qualified and has plenty of experience, you will be able to get a plan that is customized to fit your every need.

Using a generic method such as online, or a family law practitioner will get you generalized results that won’t be as good of a fit. There may even be attorneys that have a little experience in this field that could end up causing more damage than if you had gone with a more qualified attorney.

On top of that, a will is not the only thing that you are going to need. There are countless scenarios where individuals or families were under the impression that a will is the only document that is important for tying up final plans, but that is not the case.

If you hire an experienced attorney, they will be able to walk with you and be by your side in picking the best tools and documents that best fit the unique factors of your specific case. A revocable living trust, for example, is a much better route to take for one family than just a normal will.

Once a will has been drawn up, there may be a need to make adjustments or updates to the document as time goes on. An attorney will be able to assist you in making these changes and continue assisting you if the need should arise.

By hiring an estate planning attorney, mistakes are avoided. There are so many mistakes that can be made that are avoided simply by deciding to let someone with experience handle the process. There is no need to guess your way through something when there is assistance like this readily available.

How Do I Know I Need An Estate Planning Attorney?

Knowing when and for what reasons to hire an estate planning attorney can be challenging if you have never been informed of the appropriate circumstances in which to do so. Throughout your life, there are many things that can prompt the need to hire an estate planning attorney. Some of these things include:

1. If You Want To Take Care Of Yourself 

Knowing who is going to decide important things and make decisions for you if you aren’t able is an important thing to know in the process of estate planning. If you for some reason become untraceable, unreachable or deceased due to unforeseen circumstances, a trust that is either revocable or living will keep any assets you possess secure and will describe who will be getting your property or other items at the time of your passing.

If a power of attorney is named for you in regard to legal or financial situations, it will be a huge benefit to you if you suddenly become mentally or physically handicapped in any way. This will ensure that the best possible choices are made on your behalf.

2. If You Want To Reduce Your Transfer Taxes 

For anyone, maximizing how much of your wealth is transferred to the ones you love is a very crucial part of this estate planning process. There were new laws established in 2017 that increases the amount that someone is able to pass on while they are alive, or at the time of their passing, with no additional transfer taxes being activated.

With this new law, you are able to give tax-free gifts that are up to $15,000 if you are single, and twice that amount if you are married. Educational and medical costs are also able to be paid for someone else without a gift tax being applied.

3. If You Want To Help Others 

Hiring an estate planning attorney can also be a great decision if you are wanting to help others. If you have your sites set on accomplishing some philanthropic goals through a generational connection, tax-planning perspectives or just personal fulfillment, having this kind of plan put in place ahead of time can ensure that these goals don’t pass by not being met.

Once you have started the process, you will be able to select the avenue that you want your gifts to be utilized in and customize it just the way you want it.

4. If You Want To Secure The Wealth Of Your Family 

If you want to protect your family’s assets, hiring an estate planning attorney is the way to go. Most plans that are drawn up for transferring wealth will usually have benefits included that will protect the wealth. This is an important factor for a family with a large amount of wealth to their name.

There are quite a few methods put in place created to protect your assets from creditors like irrevocable trusts, ownership insurance, asset protection trusts, and limited liability entities. The attorney that you hire will be able to walk you through each and every part of this process and help you pick the plan that will ensure that the wealth of your family stays as secure as it can be.

5. If You Are Deciding How Your Assets Are Distributed 

If you are in the process of drawing up a will, then you should definitely be looking to hire an estate planning attorney. A will is one of the most simple documents of an estate plan and will indicate a personal representative who will oversee the distribution of your assets once you are deceased. Assets like retirement accounts, annuities, and life insurance need you to name the people who will benefit from them, so they don’t actually need to be added to a will. It is really easy to forget these steps of the process though, so that’s why it is very important to hire an estate planning attorney to help you figure out how they will be distributed along with the rest of your assets.

How Much Does It Cost To Hire A Probate Attorney?

The important thing to understand when it comes to hiring a probate lawyer and how much it will cost you is that there are two separate areas of cost.

Estate Lawyer Fees — The first type of cost will come in the form of estate lawyer fees. Estate lawyer fees are paid to the attorney directly for legal services that have been provided.

A good amount of probate lawyers will charge you at an hourly rate that changes depending on what location you are in, as well as the qualifications and experience that the lawyer has. If the attorney has had more experience and is more qualified, the higher the rate will end up being.

Occasionally, probate lawyers will charge a fee that is flat once they have assessed the case itself. There have been some cases where probate lawyers ask for a percentage for payment that is based on the gross value of the estate itself.

No matter what kind of payment option you end up deciding on with your attorney, it is important to make sure that you request a fee agreement that is in writing to ensure that there are no miscommunications in regard to the cost of services.

Probate Fees — Probate fees are separate from estate lawyer fees and include fees such as:

  • Accounting Fees
  • Personal Representative Fees
  • Court Fees
  • Publication Of Notice Fees
  • Deed Fees
  • Appraisal Fees

 

The costs for probate will change a good amount depending on the location, but will usually end up being somewhere in the ballpark of 3% to 7% of the entire value of the estate. Depending on the situation, the cost can increase by a substantial amount if the value of the estate escalates. The higher the value of the estate,  the more the costs of probate are going to end up being.

How Do I Find The Right Probate Lawyer?

When looking to hire a probate lawyer, it can be tempting to say yes to the first lawyer and jump right in to start going through the nitty-gritty of all the details immediately. While this may be time-efficient, it may be damaging to the long term results of your case.

Before a lawyer is hired, you want to be sure to ask some good questions. It doesn’t hurt to even let the attorney know that you will be talking to quite a few lawyers before you make a decision on who will be assisting you with your estate.

If you aren’t sure what questions to ask, some good ones to start with are:

  • How long will the process of probate take approximately?
  • How many cases like this have you been involved with?
  • What is your method of charging for your work? Flat rate? Hourly?
  • Will tax returns be prepared for the person who is deceased?
  • Because I want to keep fees down, I want to do some of the probate work on my own. Is this something you can work with?
  • Approximately, how much will your fees be?

 

When dealing with estate planning, you are communicating back in forth with someone about very sensitive and delicate information. While hiring someone qualified is high on the list, you also want to find an attorney who understands how fragile emotions are during this time.

You want to be sure that they know how to communicate clearly, and effectively while explaining jargon that you aren’t familiar with. They need to be able to explain the process from beginning to end, and at the same time listen to your thoughts and concerns.

Take your time with this process, and only say yes to hiring someone when you are completely confident in your decision.

What Happens If I Die Without A Will?

If you or someone you know unfortunately passes without having a will written, it means that you or this individual has died “intestate”. Laws that apply to this situation within your state will decide what to do with your property and assets and where they are distributed when someone is deceased. These assets include real estate, bank accounts, securities and other assets that you had under your ownership when the time of your death occurred.

Depending on your family status and the state you were residing in, intestate laws can change greatly. The most common situation is that the assets are given out in split shares to any heirs, which could be siblings, spouse, parents, nieces, nephews, aunts, uncles or even distant relatives. If there are no relatives or close ties, it is usually decided that the assets will go to the state.

If you are married at the time of your death, any assets that are left behind will usually all be transferred to the spouse that has survived or split up between the siblings, parents and surviving spouse.

If you are single at the time of your passing and don’t have any children, the law is that both of your parents will receive all of your assets if they are both currently still living. If this is not the case, the law is that your assets should be divided up between your siblings and the parent that is still alive if one has passed. All assets will go to your siblings in equal parts if there are no parents at the time of your death. If there are no siblings, parents or descendants of your siblings, the law is that your relatives who are on your mother’s side of the family will receive half of your assets, while the other half goes to the father’s side of the family.

If you aren’t married but are living together in the same home, passing away without a will can be extremely difficult on the surviving partner. The reason for this is that intestacy laws will only apply to relatives. Unless it is clearly stated in a will that explains what the intentions of the deceased are, any assets will be given directly to relatives rather than the partner.

It’s safe to say that choosing to write a will is in the best interest to anyone close in your life. Take the time to think through this process, and hire an attorney today!

 

 

 

This article was sponsored by Bruner Law Firm in Tulsa, Oklahoma. They specialize in mergers & acquisitions law and have a long track record of producing great results for their clients. You can visit their website here to learn more.

What Does A Civil Litigation Attorney Do?


If you are going through difficult life challenges such as dealing with an injury from a car crash, the complexities of a divorce or even disputes between two businesses, it might be time for you to seek out the help of a litigation attorney. But what does a litigation attorney do exactly? We are going to cover this more in-depth but put simply: 

A Civil litigation attorney is someone with professional legal experience who represents defendants or plaintiffs in civil cases. Litigation attorneys are also referred to as litigators or trial lawyers. 

These days, people in America are pursuing lawsuits for even the tiniest reasons, from undercooked food to loud music. This means that you or someone you know has probably had an experience with such a lawsuit, or will have one in the future. 

Tulsa Acquisitions Lawyer

Navigating a lawsuit is no easy task and just knowing how to get through the difficulties of courts and processes can be overwhelming. That’s why litigation attorneys are needed today. 

While you do have a right to legal counsel if you are in a criminal case, there is actually no federal constitutional right to counsel when it comes to dealing with civil cases. Because of this, a lot of people go to court without any kind of legal representation and take the risk by reducing their chances of winning the case by a substantial amount. That’s why it is a really good idea to consider hiring a litigation attorney to help you achieve the best possible outcome in your case. 

What Does A Civil Litigation Attorney Do? 


It depends on what kind of dispute is taking place and what the situation is, but normally a litigation attorney pretty much has their hands in every aspect of a case by managing every step of the process. They will spend time gathering evidence, looking through all the minor details involved with the case, reading depositions, interviewing all witnesses involved, assessing important information like settlements, and pleadings. This attorney will also help you navigate all the really complicated words and phrases that come with these kinds of legal matters. It’s easy to see that having a litigation attorney on your side would be a huge asset to anyone dealing with a civil lawsuit.

Often times an attorney will focus on one area like business law or family law rather than dealing with a wide variety of different cases. If you aren’t sure what kinds of cases are usually covered by a litigation attorney, here are some of the different kinds of lawsuits that can be handled by a litigation attorney — 

Lawsuits Handled By Civil Litigation Attorneys: 

 

  • Business Disputes 
  • Intellectual Property
  • Medical Malpractice 
  • Antitrust Litigation 
  • Estate Litigation 
  • Shareholders Oppression
  • Constructions Liens 
  • Mechanical Liens
  • Personal Injury Claims 
  • Environmental Law
  • Employment Lawsuits
  • Divorce Disputes
  • Family Disputes 
  • Real Estate Lawsuits 
  • Product Liability Suits 
  • Landlord Lawsuits
  • Tenant Lawsuits 

 

3 Stages Of Preparation For A Civil Litigation Attorney 

 

1. Case Assessment 

A litigation attorney will start out by spending a lot of time consulting with the client. Everything begins with looking through all the evidence that is currently available to see if there is enough to build a strong case. Once they have all of this information, the attorney will spend time coming up with a plan on how to best move forward with the lawsuit.

2. The Handling Of Documents 

In any litigation case, there will be documents, documents and more documents that all need to be filled out and turned in within certain deadlines. If some of these documents are forgotten about or not turned in by the deadline, things can change for the worse in the lawsuit. If you have a good litigation attorney, they will know all about these documents and their deadlines. They will know exactly what to fill out and know exactly when to turn them in. This eliminates a huge amount of stress from the client. 

If you aren’t familiar with what kind of documents that will be handled throughout a lawsuit, here is a list that lays them out — 

Documents Handled By A Civil Litigation Attorney: 

  • Defenses 
  • Affidavits
  • Discovery 
  • Complaints
  • Interrogatories 
  • Further and Better Particulars 

 

3. The Drafting Of Pleadings 

When dealing with these types of lawsuits, there are quite a few motions and pleadings that will be filed with the court. Depending on the complaint filed, the litigation attorney on your case will draft an answer or counterclaim if you are the defendant. To be able to come up with a correct response, the attorney will assist you in investigating any allegations that have been filed. On top of all of this, it is your attorney’s job to draft pre-trial motions as needed. 

Why Do I Want To Hire A Civil Litigation Attorney? 

 

No Regrets — Hiring a litigation attorney is strongly encouraged with any civil litigation case, but in case you need a little bit more convincing, here is some more encouragement to hire a litigation attorney.

Ask anyone who has ever been in court without any representation of what they regret most, and they will all tell you that it was not hiring a litigation attorney to help them. If you do decide to represent yourself in the case, it’s easy to forget that this means you will be extremely close to the case material. This means that you will be dealing with a lot of emotions and these emotions can make it a lot more difficult to concentrate on the task at hand. This results in poor representation of yourself. Unfortunately, a lot of disputes that started out as civil, have turned into lawsuits as a result of the two sides not being able to put their emotions aside and find resolution in the case.

All of this can easily be avoided just by hiring a litigation attorney. If you do, all of the stress, emotion, and complexity can be taken off of your shoulders and placed on the shoulders of your attorney. They want to be able to take this burden from you because it’s what they do best. 

Saving Money — The first thing you think of when hiring any lawyer probably isn’t how much money you are going to save, but this is actually a surprising reality. 

There are so many fines and penalties that pop up through the process that you actually save money in the long run. A litigation attorney will also help the chances of you getting a good judgment, which keeps you from having to pay the other side, also giving you a little in your pocket as well. 

Avoid Personal Damage — When you are in the middle of a litigation case with no representation, you need to be extremely careful, especially if the other side has hired legal help. Their entire mission will be to find loopholes and proof that you have given false information. They are easily able to trap you and force you into a situation where you end up being the one in trouble. If you do decide to hire a litigation attorney, they will be able to guide you on what you should or shouldn’t do in a court of law, helping you avoid any landmines that could cause even more damage to your case. 

Things To Remember When Hiring A Civil Litigation Attorney. 

 

Find Someone With Experience 

As we mentioned earlier, there are many different areas of law, so you will want to take some time to make sure you are picking an attorney that has experience with the kind of case material you are dealing with. It is completely acceptable to ask the attorney for some documented cases they have already completed so you can see what kind of experience they have. 

Research Multiple Litigation Attorneys 

If you research and find one lawyer or a friend recommends an attorney, it doesn’t mean you have to go with them. Take some time to do proper research and look through multiple attorneys before you make your final decision. 

Read All Of The Agreements 

Once you decide who your attorney, be sure and read through every single page of the agreement forms before anything is signed. Comb through all of the details and don’t be afraid to ask questions. Questions like — How regularly will you be updated about the case? What are all of the payments going to look like? You want to avoid any loopholes or surprises from happening unintentionally. 

Assess All Of The Costs 

After everything is in place, it is essential that you take the time to look through all of the associated costs for hiring the attorney. You will want to acquire all of the fees in written form. Check up on all of the arrangements and payment terms to be sure everything is clear and understood. Will there be an hourly fee? Or a flat fee? These are really important things to cover ahead of time to avoid unwanted problems. 

While the world of law and litigation is a complicated one, thankfully it can be made more clear and less stressful by litigation lawyers. We hope you have found this information helpful! 

This article was sponsored by Bruner Law Firm from Tulsa, OK. They specialize in litigation resolution and have a long track record of producing great results for their clients. You can visit their website here to learn more.

What Type of Lawyer to Hire After a Crash: Complete Guide


What Type of Lawyer to Hire After a Crash: Complete Guide

The unfortunate truth about our world today is that it is very likely that at some point in your life, you will be involved in a car accident. Now, hopefully, your car crash is not a very serious one, that requires you to use the services of a lawyer. But if it does, many people wonder what type of layer they need. We’ve pulled together this information to help you if you find yourself wondering the same thing.

What type of lawyer should you hire after a crash? If you are involved in a car crash, you need a car crash lawyer or a personal injury lawyer. Personal injury lawyers are specially trained to help you receive compensation for the physical or psychological injuries you might have received as the result of a car crash. 

Personal injury lawyers assist with cases involving car crashes, medical malpractice, slip and falls, assault and battery, and many other types of cases. It is the job of these lawyers to win you your well-deserved compensation for the damages that you’ve received.

Luckily, there are many lawyers that work personal injury cases, but if you are wanting the best possible result, you will want to hire a lawyer that specializes in personal injuries, such as car crashes.

How to Hire Car Crash Lawyers

This process is much like how you buy any service or product. That is, do your research! There are plenty of websites, like this one, that provides great advice on the matter. For instance, if you are wanting to know how long personal injury cases last, we have articles that cover that.

What Type of Lawyer to Hire After a Crash: Complete Guide

Every amount of information you can gather on how to proceed with your case will be invaluable. The more you know about the process, the better you can judge potential lawyers to represent you. But we also must warn you not to take too long, as there is a statute of limitations on how long after an incident you can seek compensation for damages.

So, quickly start on the information gathering process before moving on to judging specific lawyers and attorney offices. Once you feel comfortable enough, start with a google search. We advise you to search “(Your City) Personal Injury Lawyers” or you can try “(Your City) Car crash Lawyers.” Either one will help close in your search and weed out all the lawyers who do not specialize in this specific area of expertise.

Once you have gathered a fair few lawyers that you are interested in, start by reviewing them. Check their google reviews, yelp review, even their websites for testimonials. Every input on your potential service provider that you can find, will help ensure to you as to what they can offer and what they are not very good at.

After narrowing down your selection of layers, it is time to call them and set up a type of interview. Some attorney offices offer a free consultation. This is when they interview you and get an idea of your case, but you can use it to interview them as well. When completing this step, here are some questions that you will want to keep in mind:

  • What percentage of your practice is devoted to car accident cases?
  • What specific experience do you have with car accident cases?
  • What is the typical settlement range for cases that are similar to mine?
  • How much of my car crash case will you actually handle, and what are my responsibilities?
  • How are your fees structured?
  • What, if any, out-of-pocket expenses am I responsible for?

 

These questions will help you judge how much this specific lawyer can help you, as well as how much they believe in your case. You do not want to hire a car crash lawyer that does not believe in your case, as they will not do everything they can to help you receive the proper compensation that you deserve.

What to do After Hiring a Car Crash Lawyer

Once you have completed all of your interviews, you have finally narrowed down your possible lawyers to the final one. Now the process of actually fighting your case can begin! But remember, this process can take some time, so be prepared for the long fight.

However, do not let that discourage you from fighting for you right of fair compensation for the damages done upon you, by the defendant (the person you are putting the claim on).

As mentioned in our article that breaks down personal injury cases, when you have chosen your lawyer, and have started your fight, it is imperative that you provide as much detail, information and proof as possible to your lawyer.

Every amount of information you can provide will help amplify your case, giving judges and juries more details as to how the defendant was the person who caused the accident, and thusly caused your injuries.

If you skimp out on details, information and proof, you are asking for faults in your case to arise and for the defendant to get away with aspects of the case that were not brought to light. This means that you could miss out on receiving the proper amount of compensation for your injuries, or out on receiving compensation as a whole. And we both know that is not fair, and what you deserve.

So, after you have given all the information that you can to your lawyer, they will also have to give that information over to the defendant’s lawyers. And after all the information has been shared, you will have to sit through a deposition.

This is where the other side’s lawyers will ask you questions based on the event and consequent events, such as doctors visits, rehabs, and other stuff of this sort. This process is to make sure that everyone has the same story and to make sure everything matches up. Your lawyer will be doing the same to the defendant.

Following, either a settlement will be made, and your fight to receive compensation will be complete, or you will have to move on and continue fighting in front of judges and juries.

Just keep in mind that after every step, you are that much closer to the end. Car crash cases can take time, but in the end, is it not worth it to know that justice has been served? And the person responsible has been held responsible?

Summing it Up

There has been a lot of information shared here, but to wrap things up, here is a quick recap of everything you need t know about “What Type of Lawyer to Hire After a Crash.”

If you have been involved in a car crash, no matter the vehicle type, the type of attorney you will want to enlist services from are car crash lawyers or personal injury lawyers. These lawyers are specialized in helping people, like you, in receiving proper compensation after someone, or some people, have caused you bodily and/or mental damages.

What Type of Lawyer to Hire After a Crash

The best way to ensure you are choosing the best possible lawyer to represent you is by shopping around. Just as you buy anything, whether it be services or products, you always check reviews. Reviews will tell you both the good and the bad about each lawyer and the services they have provided.

Use these reviews to narrow down your selection, along with strict searches, such as “(Your City) Personal Injury Lawyer.” But after narrowing it down to a few selections, the hard part starts. Just as these lawyers will be interviewing you and your case, you need to be interviewing them. Make sure that they believe in you and your case, and have the determination to get you what you well-deserve.

Once choosing your lawyer, you must provide them will as much detail, information and proof as possible to bolster up your attack and ward off any advances from the defendant’s team. Doing this gives you the best chances at a quick and productive lawsuit. Otherwise, the process can go on for quite a while with depositions, settlement opportunities, trials, and so-on.

If you have any further questions about the process of how to go about the process of starting your personal injury, car crash case, you can also just contact local personal injury lawyers. They are the specialists on the subject and can give you all the information that you need.

At the end of the day, all lawyers are seeking justice, just some are forced to play for the wrong teams. So if you ask any, even if you do not choose them, listen to their advice and act upon it. But do not just get advice from one single lawyer. Ask a few, just as the interviewing process.

As a last few words of encouragement, keep fighting. The process may take time, but the more you do, the closer you are to receiving your well-deserved compensation. Justice will be had, and from then on you can live peacefully, not regretting missing your chance to attain it.

This article was sponsored by Truskett Law in Tulsa, Oklahoma. Truskett law is a personal injury lawyer and car crash lawyer. If someone has been hurt due to another’s negligence or purposeful actions, they will fight for your right to receive compensation and bring justice to the wrongdoer. You can check out their website here, to get to know them and their services better.

Personal Injury Lawsuits: Complete Guide for Beginners


Personal Injury Lawsuits: Complete Guide for Beginners

Have you been involved in some sort of accident, and are wondering what actions you should take, as well as what type of lawsuit you should pursue? Well, if you were injured due to another party’s negligence or disregard for following standard safety precautions, you are looking for personal injury lawsuits.

Personal injury lawsuits are a claim against a certain individual, or company, that enforces your rights to receive monetary compensation for damages done upon yourself by that other individual, or company.

In many situations, you would seek compensation from the responsible party’s insurance company. Which, is just another example of why everyone should have insurance. There are many different types of Personal Injury Lawsuits, and if you keep reading, we will get right into them.

Types of Personal Injury Lawsuits

Vehicle Accident Lawsuits

 Vehicle accident lawsuits are the most common type of personal injury lawsuits, in the United State of America. Even though these are accidents, when they do occur, usually it is because someone is not following the rules of the road, or they are not driving as carefully as they ought to be.

A careless driver is usually held financially responsible for the injuries their careless act caused on the others involved. However, there are exceptions that do exist in the “no-fault” states, where drivers have to collect from their own insurers, except in cases of “serious” injury.

If you have been injured in a car, truck, semi or any other type of vehicle accident, contacting a lawyer who specializes in personal injury lawsuits can assist you in your decision to file or not.

Medical Malpractice Lawsuits

One of the rare types of personal injury lawsuits filed is medical malpractice lawsuits. However, these are normally the highest monetary compensation lawsuits. A medical malpractice claim can arise when a doctor, or any other health care professional, fails to provide competent and reasonably skilled care, and their patient becomes injured as a result.

Due to the plaintiff already needing medical attention, it makes this type of personal injury lawsuits very complex. The plaintiff has to prove that their new, or worsened, injury or even death was caused directly from the malpractice of the medical practitioner, or the entire medical facility that they received their medical attention from. If the plaintiff cannot prove this, it makes it difficult to decide if the plaintiff is at fault or the defense.

Slip and Fall Lawsuits 

This personal injury lawsuit falls just after vehicle accidents as the most common type of lawsuit filed under personal injury. Property owners, and sometimes those who are renting a property, have a legal duty to keep their property reasonably safe and free of hazards, so when guests are on the property, they do not fall injured from the unsafe property.

Of course, not all injuries that happen on someone’s property end with them being held liable, as accidents happen with even the most well-kept properties. The exact nature of the landowner’s legal duty varies depending on the situation, as well as in regard to the state laws where the injury took place.

Slip and Fall Lawsuits are typically based on premises liability laws. However, it is also not as cut and dry, like many other types of Personal  Injury Lawsuits. Much like the Medical Malpractice Lawsuits, the plaintiff has to be able to prove that the defendant acted carelessly.

In regards to Slip and Fall Lawsuits, this means that the plaintiff has to prove the landowner left his or her property unmanaged, and that is what caused the injury. All the defense has to prove is that it was simply an accident that occurred by no means of either party, just a simple accident.

Defamation: Libel and Slander 

Defamation of character in the form of a libelous assault, or slanderous act, refers to the fact that a person can suffer an injury to his or her reputation as a result of an untrue statement made about the plaintiff. The exact nature of what defamation plaintiffs must prove will vary depending on who the plaintiff is, as well as the forum of which the statement was made.

An average person usually only needs to prove that an untrue, negative, statement was made and that statement directly caused actual harm, mainly through financial loss, by means of its release. However, celebrities or other public figures, like government workers, usually have to prove what is called “actual malice.” Actual malice means that they need to prove that the nature of the false statement was made with either intentional or reckless disregard for the truth of the statement made.

Another popular use of a Defamation, or Libel and Slander, is to claims that a person committed a crime in order to attain some personal gain from their arrest. The bad side of this is that the person who the statement was made against not only has to prove that they did not do the crime they were accused of but also has to prove that the person who accused them acted in a selfish, reckless manner. Which, makes defamation lawsuits both one of the easiest and more difficult lawsuits to judge. However, they typically lean more towards the easier side.

Animal Attacks 

The most common form of animal attack lawsuits is dog bites. In most lawsuits, the owner of the dog is financially responsible for the bites and any other injury caused by their dog. This is the same for any other type of pet that a person or family may own.

The exact laws on owner responsibility do vary from state to state. However, in some instances of animal attacks, strict liability rules exist where the animal owner will be held liable for the animal bite. This is the case even if the animal itself has never shown any aggression, or propensity to bite in the past. In the other states, “One Bite” rules are put in place. These “One Bite” rules state that the animal owner is only responsible for any personal injury once there is common knowledge that the owner’s pet is known to show aggression frequently or is prone to biting.

If you have been attacked by another’s animal, you will need to check your state laws and see if you fall under the “One Bite” rules, or if your state follows the rule of any bite that leads to liability. If you cannot find the rules your state uses, you can always contact a personal injury lawyer. Once, you have discovered your states ruling, if you fall under the “One Bite” law, then you will need to prove that the animal that attacked you has had a history of aggressive behavior, or is at least prone to biting. If you fall under any bite, then you can move ahead with the filing process.

Assault, Battery, and Other Intentional Torts 

Lastly, there are assault and battery lawsuits. Unlike most of the other types of personal injury lawsuits, intentional torts are not based on accidents caused by negligence or carelessness but instead based on when one-person harms or injures another with intent.

These personal injury lawsuits almost always involve the added aspect of a criminal case against the perpetrator (the attacker). As an example, when one person physically attacks another, he or she will probably face criminal charges. In addition, the victim can file personal injury lawsuits in civil court and demand compensation for the injuries caused by the attacker.

Compensation here can stem from medical bills, loss of income due to recovery time, and in some cases, from loss of ability. If you have been attacked, an Assault or Battery Lawsuit is far easier to prove than the previously discussed personal injury lawsuits. All you have to do is prove that it was a specific person, which can be confirmed by a video, photo or scientific tests, such as a DNA (Deoxyribonucleic Acid) test or identification marking tests (i.e. fingerprint, palm print, etc.).

Where to go From Here?

So, no what you know all the types of personal injury lawsuits, you can get started filing. The process can take some time, but do not worry, we have listed out all the steps you need to take, as well as what time frame they typically fall under. With that being said, you need to understand that the time frames given can vary, just like everything in life. In some instances, the time frame could be much less, or it could be longer. Just remember the goal is to get your rightful compensation.

So, with all that being said, keep on reading so you can get an idea of how the flow goes with Personal Injury Lawsuits!

Timeframe for Personal Injury Lawsuits

Year 1

Engage an Attorney – The first thing that you need to do to start your lawsuit is to contact a lawyer. If your injury caused you to miss out on work for more than a couple days, if you broke a bone, or if medical bills have totaled more than a couple thousand dollars, you will want to contact a lawyer.

Starting the Case – In this stage, you and your lawyer will begin the initial paperwork and processing. In addition, this is when your party lets the opposing party known what you are intending to claim against them. It is important to remember that the statute of limitations determines how long you have to file your claim. If the accident fell outside of this limitation, then you have lost your chance to file.

From here, it moves to Court Motions. Here is where the case may be dismissed or have a judgment entered due to factors such as jurisdiction, venue, improper process, default, etc. All this can happen before the Discovery Process.Personal Injury Lawsuits

Discovery Process – This process can take six months, to a year. However, there have been some lawsuits that this process can be even longer. But that is okay, as in this stage, facts are dug up, reports are gathered or produced (Police Reports, Medical Records, etc.) and depositions and witness statements are taken. All these are very important to proving your case, and the more you have, the easier the rest will be.

During this process, it is also the lawyers’ job to exchange documentation. After those steps have been taken, investigations about the disputes of the event will occur. This could include accident reconstruction and or other research. This time is also allotted for receiving maximum medical improvement or a firm prognosis from a medical expert to be given.

Year 2

Discovery Process (Continued) – After the previous steps conclude, an attempted settlement is presented. Most lawsuits are actually settled here, through negotiation, mediation or arbitration. If a settlement is reached, congratulations! You are done with your lawsuit. If a settlement is not reached, your case will continue through trial.

Go to Trial – At trial, motions and other arguments will occur separately from the jury hearing the case. It is also possible, that during the trial, a settlement could be reached. If so, you are done! If not, once again, your case will continue towards a verdict.

Reaching a Verdict – This step can take anywhere from one to two years since the original filing of the lawsuit. At this time, it is the defense’s turn to appeal, which could force a settlement for a lower dollar amount than the jury set. In addition, if the appeal is successful, a whole new trial or settlement could arise. If the plaintiff wins, the defendant owes him or her the amount determined by the jury.

Year 3

Collection – If you are successful, the collection of the judgment begins here. However, sometimes the defendant does not always pay as they are supposed to. The final judgment may be one lump sum, or it may be broken down into multiple payments. This collection step technically varies in time of starting, as your case could have ended at the original attempted settlement. The three-year mark is given for the cases that get stretched to this point.

However, remember that most personal injury lawsuits are processed within one to two years. So, hopefully, you will not have to wait three years to receive the monetary compensation that you deserve. It is best to remain call and practice patience when it comes to law. If you rush, you could miss out on key evidence, or even a way to receive greater compensation. In the end, the law will always win, it just may not take a day.

With all that said, there are a few things you may want to consider that will end up improving, or wrecking your lawsuit.

Factors to Success and Failure

Just as with anything you do in life, there are certain aspects that if you do them a certain way, it could lead to greater success or failure in achieving your goal. To help you out though, we have listed them all for you!

Personal Injury Lawsuits

Success – There are two main factors that can really strengthen your lawsuit and lead you to a successful verdict. Those factors are time restrictions and comparative negligence. As mentioned above, there are statutes of limitations, which give you a specified amount of time, from the date of the incident, to file your lawsuit. If you do not hesitate, and start the litigation process earlier, you are more likely to get better facts and data from all involved. The more facts you have, the better you can bolster your attack.

When it comes to comparative negligence, this is a rule that if done right, will grant you a larger monetary compensation. Comparative negligence is a rule that takes into account your actions before, during and after the accident. If you were found at fault in any manner, this will negatively affect your compensation.

So, if you act quickly and can prove that you were not at fault in any manner, your lawsuit will go by much quicker, with a greater impact, and will lead to you getting the proper amount of compensation, that you well deserve.

Failure – But just as there are things you can do to boost your case, there are also things you can do to negatively affect your case. The most common are seeking improper medical care, saying too much to the insurance company, giving non-supportive documentation, sharing too much on social media and not using a skilled attorney to represent you.

Just as if you delay in starting your case, if you delay your medical care, you are sending a message that the accident did not cause the issue, or they were not serious. Simply going to the ER (Emergency Room), an Urgent Care or to your own doctor will not only improve your own health but will provide proper documentation into the severity of the injury.

If you immediately go onto social media or call your insurance company, any statements you make are now published and available for the defense to use against you. When it comes to social media, stay off of it about any accident you were involved in. As for the insurance companies, only give straight facts. Do not go over the top, or say anything that is not true. If you do not know what happened, just say you do not remember. Any false information will come back to hurt you.

All of the above scenarios lead to support documentation. When you are in an accident, you will want to use any and all documentation possible. If you fail to do so, you risk the chance of failure for your case.

Documentation is also a very important part of the Lawyer’s job. If your lawyer is not given quality and quantity documentation, there is not much they can do for you. On the contrary, there are some lawyers that cannot do much for you in general. When it comes to the law, always get the best representation possible. A Personal Injury Lawyer is your best friend and ally in winning your lawsuit. Without a good one, you can greatly decrease your odds of success.

Summing it Up

There are many different types of personal injury lawsuits. But no matter the type, every lawsuit follows the same steps and timeline. If you need any reminders, here is the list of personal injury lawsuits you can file:

  • Vehicle Accident Cases
  • Medical Malpractice
  • Slip and Fall Cases
  • Defamation: Libel and Slander
  • Animal Attacks
  • Assault, Battery and Other Intentional Torts

 

When it comes to the process, there are many variables that will influence the outcome. With that being said, here is the timeframe with all the steps included:

  • Year One
    • Engage an Attorney
    • Start the Case
    • Discovery Process

 

  • Year Two
    • Discovery Process (Continued)
    • Go to Trial
    • Reach a Verdict

 

  • Year Three
    • Collection

 

And Finally, personal injury lawsuits have certain aspects of them, that if acted on correctly, will increase your success. However, there are also more aspects, that if done incorrectly, will lead you down the path of failure. Those aspects are the following:

  • Success
    • Time Restrictions
    • Comparative Negligence

 

  • Failure
    • Seeking Improper Medical Care
    • Saying Too Much to The Insurance Company
    • Giving Non-Supportive Documentation
    • Sharing Too Much on Social Media
    • Not Using A Skilled Attorney to Represent You

 

If you take anything from this, it should be to only give truthful statements, practice your patience, use all the information you have, fight for your rights, and use a Personal Injury Lawyer that knows what they are doing. Putting each of these aspects into practice will give you the best chance of winning your case.