Monthly Archives: September 2018

Birth Injury Attorneys and Compensation Claims

Accidents during birth can not only the severely harm the mother, but also the infant. Often, careless operative methods during Scissor birth, use of tools that have not been properly sanitized during Scissor or normal delivery, administration of wrong drugs, etc, can cause harmful infections that may fester causing permanent damage to the woman’s ovaries. Brain deformities, due to manhandling of infant during birth may also occur, sometimes even causing death. Faulty diagnosis of the mother’s condition prior to infant’s birth can also cause complications during birth, where either the mother or child, or both may die, or child be born with deformities, etc.

Birth Injury Attorneys cannot replace a lost child or mother, or right a life-long deformity in a child, but they can help victims legally punish doctors responsible and claim compensation for financial losses incurred due to corrective operations.

While there are many law firms and settlement companies you can approach for Birth Injury Attorneys, to choose the right attorney, here are some basic guidelines to follow:

Does the attorney have a website? A website will help you read about the attorney’s professional portfolio, i.e. the types of cases he has previously handled and their results.

How much experience does the attorney have handling your specific type of birth injury case? Although the lawyer has handled birth injury cases before, your particular case might still be the first for him. In this case, hiring someone who has a proven success record with specific cases similar to yours is advised.

Who will be handling your compensation claim on a day to day basis? Most established Birth Injury Attorneys will have people designated to handle specific areas of your claim. Your attorney will certainly have appointed paralegals to do the paperwork, schedule appointments, collect medical records, etc. Your attorney will typically only negotiate with defense lawyers and deal with adjusters.

Does your attorney readily give you his personal phone number? A genuine lawyer, who wants to help you with your birth injury claim, will make himself available should you need to discuss claim details.

Is the attorney available, at least over the phone, outside of office hours? Quality attorneys will be available 24 hours a day to answer client queries, anxieties, or information regarding case proceedings, etc.

What kind of an office policy does the attorney’s office follow with regard to returning calls and answering email queries? Lack of an office policy means you should continue your search for a birth injury lawyer, simply because you don’t want to be stuck with an attorney who does not respond to your calls or emails.

To sum it up, make sure you choose Birth Injury Attorneys who are experienced and empathetic so they can handle your case properly, both professionally and personally. Go with your gut-feeling. If you think the attorney does not answer all your queries readily and truthfully, you may want to look for another lawyer. As a rule, avoid attorneys who charge fees for consultation.

What is the Difference Between a Power Of Attorney and a Guardianship? Which is Appropriate for Some

A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.

A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.

This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.

Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).

A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individual’s condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety.

A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.

With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.

Foreclosure Laws – Get Proper Legal Advise If You Are Facing Foreclosure

Foreclosure laws can be very perplexing; foreclosures laws vary from state to state. Sometimes general information may be all that you need to start in the right direction. Make sure that you investigate the laws pertaining to you state or contact a real estate agent or attorney to ensure that you fully understand what you are up against and the amount of time you have to get help.

Foreclosures happen when a borrower defaults on the loan. By filing a “notice of default”, on the property with the local court system where the property is located. Once the courts make a ruling in favor of the lender the property, generally put up for sale at a public auction. However the is a timeline between the filing of the legal paperwork from the lender and the auction sale of the property, this is where the local laws vary. Depending on the state and circumstances, this timeline is from three to twelve months long.

Lenders or the courts will publish an auction ad approximately thirty days prior to the auction. However, before publishing the ad the homeowner is served with a notice about the foreclosure and pending auction sale. As soon as the property sells, the title/deed is given the new owner of the property.

If are facing financial hardship, in default on your mortgage payments you still may have a chance to avoid foreclosure, your chances are better if you have not yet receive a notice of foreclosure. Make sure that you do not ignore the phone calls or letters sent by the mortgage company, talk to them, they are not that bad to deal with. Well, maybe they are but ignoring them will not help your situation with them. Generally, they would rather try to work something out then to pursue the process and expense of a foreclosure.

Hiring someone that fully understands and can advise you on the local foreclosure law may be a wise decision on your behalf. They can be the mediator between you and the lender, and protect your rights as a homeowner; many times, they can assist in preventing a foreclosure as well.

Many sites available offer general information regarding foreclosure law, while most provide general information, make sure that you get proper legal advice from an attorney. Remember banks really would rather not foreclosure on your property, however if given no other option the will. The best approach is to educate yourself, ask question, do some research and most importantly do not just roll over and give up, fight for your home.