Why You Should Work With A Truck Accident Lawyer

If you have gotten into an accident, there are a number of things you will have to cope with. If you are injured, you will have to find a way to cover the cost of your medical bills. If you were at fault, it is likely that the cost of your car insurance is going to significantly increase.

If you are feeling overwhelmed right now, you should take a deep breath and start looking at solutions. If you work with a truck accident attorney, you’ll be able to get through this troubling time.

An Attorney Can Help You To Deal With Your Insurance Company

Truck accident attorneys understand how to deal with insurance companies. They will be able to take care of these kinds of issues for you so that you can focus on your recovery.

An Attorney Could Get You A Settlement

If you were injured because someone else made a mistake, then there is a good chance that you will be able to secure some kind of settlement. However, you aren’t going to be able to get a settlement unless you are willing to work with an attorney.

Getting a settlement doesn’t mean that you will have to go to court. As a matter of fact, many cases never go to court at all. An attorney’s job is to get money for you without things escalating any further. As long as you hire a skilled attorney, getting those kinds of results shouldn’t be a problem.

They Can Help To Protect You

If you are the one that was at fault in the accident, then you may be facing a court date of your own. While you may have to deal with some consequences, the right lawyer will be able to mitigate the damage.

They can keep your insurance costs from rising dramatically; they can keep you from being sued. Attorneys may even be able to keep you out of court.

If you are worried about an upcoming court date, then you should make sure you have the right kind of lawyer at your side.

If you have been in a truck accident, then you definitely should be talking with a truck accident attorney. The right attorney will be able to do a great deal on your behalf. Talk to a lawyer and find out if they are willing to work for you.

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The Small Claims Court Process

small claims courtIf you are looking forward to making a claim under the small claims tract, then you need to know the process. The process for making a claim is designed to be simple at low amounts, so that anyone can make a claim, and get justice, without spending a fortune on hiring a solicitor or lawyer to create your claim for you.

The process

First, you need to explore all of the possibilities of settlement. Then you will know what you will accept and what you will not accept when you are made an offer. Then you need to send what is known as a “Letter before action.” This is a formal letter advising the people involved of your intention to make a claim on any injustice that has been done. If this letter is ignored, then the court proceedings can be issued. Otherwise, negotiations will begin.

The courts will manage the running of the case, and it will give all the papers needed to each party. In most cases it will be the court situated in the defendant’s hometown, meaning the claimant (The person who is making a claim) will need to travel to that court if needed.

The court will dispatch an “Allocation Questionnaire” to each party. This will ask about witnesses and evidence, that they will rely on for the case and that the judge will use to make his decision. The judge will then look at the evidence and will issue directions for each party, and generally they will fix a date for the hearing.

The guidelines will normally follow a standard form. Each party is to exchange documents and copies of documents that each party will rely on. That way everyone will know about all of the evidence and information that will be discussed during the hearing. Originals will need to be brought to the hearing.

The hearing itself will be rather informal. If any expert such as lawyers or solicitors are attending on behalf of either party, then the court’s permission must first be asked. The hearing will happen in the judge’s chambers and not in a grand courtroom like in the movies. The judge will make his decision after listening to both parties, and any money that is to be paid must be made within 14 days.

This process is simple and has been designed to bring justice to regular people at minimum cost.

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Child Custody Filing Process

parents playing with children

parents playing with childrenFiling for custody can be a difficult matter.  There are issues of visitation, finances, and the well-being of the child/children to consider. Previous custody cases in Nevada tended to side with the mother of the children in custody cases, but the courts have now switched to shared custody arrangements and more balanced measures that include both parents.

Before speaking to a family law lawyer, there are a few considerations that should be taken. You should consider what types of arrangements are suitable for your children, and you should consider how best to meet any special needs that your children may have.

In Nevada, prior to issuing any custody orders, the children must have lived in Nevada for the past six months before a Judge will consider custody rights. If your children have been living in another state prior to your custody filing, you should notify your attorney.

What is Legal Custody?

Legal custody occurs when a parent or guardian of a child is granted authority to make major decisions that affect the child. These major decisions include the child’s healthcare, the education and schooling the child will receive, religious upbringing, and even extra-curricular activities. In most cases, parents automatically have joint custody rights to a child, unless a court order states something to the alternative.

There are 3 types of custody: joint, primary physical custody, and sole physical custody.

Joint Physical custody

Under joint physical custody, both parents have access to the children at least 40% of the time. This means that if one parent insists on physical custody of the children on all holidays, birthdays, and special events, the other parent’s custody arrangement cannot contain less than 146 days per calendar year.

Primary Physical Custody

Under primary physical custody, one parent has the children more than 60% of the time in any given year. The other parent will have visitation rights, as long as there are no court orders to the contrary about visitation.

Sole Physical Custody

Sole physical custody occurs when one parent has custody of the children at all times. Sole physical custody is quite rare in Nevada courts, and it is usually only issued in very rare circumstances.

What if I do not agree with the custody arrangements that my partner and I have discussed?

If you cannot seem to agree on custody arrangements, there are several things you can do. A family law attorney will be able to guide you on your legal options, and they will be able to offer a step-by-step action plan to provide you with the most suitable option in caring for your children. Custody is based on the “best interests of the child,” and a judge will consider multiple factors in determining what the best interests of the child are.

Under the general provisions of the custody of children in Nevada, a judge will usually consider the following factors:

  • The physical and mental health of the children
  • The safety of the children
  • Either parent’s ability to care for the children (considering mental capacity/personal health, type of employment, etc)
  • Emotional needs of the children
  • Developmental needs of the children
  • Physical needs of the children

While these factors are not exhaustive, they do play a role in how a judge determines what the best interests of a child are. Each custody case will vary and a family attorney will be able to provide you with various options to settle custody disagreements and disputes.

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How Gaps in Medical Treatment Can Weaken your Personal Injury Claim

personal-injury-lawGaps in your medical treatment can reduce your chance of receiving full compensation for the injuries you sustain in an accident. Read more and learn how not to weaken your claim for compensation.

Gaps in Medical Treatment in a Personal Injury Case

One of the common things that insurance adjusters and/or defendant’s attorneys will use against you in your personal injury claim are gaps in medical treatment. Although gaps at any time in the treatment process will be used against you to reduce or deny your claim for compensation, the worst gaps are those that begin just after the accident.

To explain, when you are injured in an accident, but do not commence significant treatment until several months after, it will be difficult to successfully argue that your pain and medical treatment were a result of the accident since your treatment did not begin until long after the accident took place.

The same is true if you receive treatment for several months, then discontinue treatment for a significant period of time only to resume treatment again. The insurance adjuster or plaintiff’s attorney will argue that you were fully recovered and then re-started treatment again to increase your damages, or else you must have suffered another injury that caused the need for additional treatment and for which they do not have to compensate you.

Legitimate Reasons for Gaps in Your Medical Treatment

medical treatmentThere are of course legitimate reasons why you might delay or have gaps in your medical treatment. Sometimes, injuries take a while before symptoms appear. Likewise, your injuries might appear to be better and then take a turn for the worse.

Furthermore, you may not have had the insurance or the money to pay for treatment right away. You were in pain and needed treatment, but simply did not have the money to get it. While it may be unfair to punish you for not seeking treatment when you couldn’t afford it, this is a frequent and unfortunate reality in personal injury cases.

The best that your lawyer can do in this situation is try to make the jury understand why there was a delay or gap in your treatment, and if possible, to make the defendant’s lawyer look mean-spirited for using it against you, especially if it was due to lack of money.

Bear in mind, you don’t have to continue to get medical treatment if you do not have symptoms and have been released from treatment. However, if you still have symptoms, it will benefit your case if you continue to get regular and consistent treatment for as long as necessary.

If you cannot afford treatment, talk to your doctor about whether they would be willing to accept a letter of protection from your attorney. If not, you should look for a doctor who will. This, unfortunately, may present its own problems, but at least, you will not have gaps in your treatment and you will be taking care of your health.

Contact a Reputable Personal Injury Lawyer

If you are looking for a knowledgeable and competent personal injury lawyer, you will want to retain someone with a reputation of concern and a track record of obtaining favorable outcomes in cases similar to yours. Most personal injury attorneys offer a no-cost and no-obligation consultation so that you can discuss your case and see how they can help you. You will only be charged if they recover compensation for you. So, call an experienced personal injury attorney to discuss your case today.

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