Showing posts with label Legal advice. Show all posts
Showing posts with label Legal advice. Show all posts

Tuesday, June 22, 2021

How to Sue for Medical Malpractice

Doctors, medical practitioners, and hospitals owe a duty of care to their patients. They are expected to attend to patients with the most reasonable amount of care a qualified practitioner should have. Once the duty is breached in negligence, patients have the legal right to seek and receive compensation for medical malpractice and any resultant injuries.

Medical malpractice laws are meant to protect the rights of patients that have suffered as a result of substandard medical care. While this protection is provided for in the law, the first step to asserting these rights requires initiative from the patient. 

The following is an in-depth discussion on medical malpractice cases and how to go about them.

Act Before the Expiry of the Statute of Limitations


The biggest mistake any patient can make is taking too long a time to file their medical malpractice. There are statutory time limits requiring patients to file their medical malpractice claims promptly. Time limits vary from state to state; they could be as short as a year since the malpractice occurred. 

Therefore, ensure you find out the statutory provisions for medical malpractice in your state. Pay attention to how long you have to make your claim.

Discuss Your Case with a Medical Malpractice Attorney


Quite plainly, medical malpractice lawsuits aren’t the kind of lawsuits you would risk handling by yourself. These cases are often very complex since they cut across a variety of medical, legal, and procedural standpoints. 



Proving medical practice requires a law firm that understands the laws applying to your situation and familiarity with all the hoops a medical malpractice plaintiff must jump through.

From the moment you realize you want to file a medical malpractice claim, consult with an attorney. A medical malpractice attorney will have access to all the needed experts, such as expert medical witnesses.

Determine Whether the Hospital Was Negligent


Before filing the claim, you must determine who was negligent. Just because medical negligence took place at a hospital doesn’t automatically imply that the facility, i.e., the hospital, must be held liable. 

For instance, if the substandard care was provided by a doctor that is an independent contractor; therefore, not an employee, you should be pursuing action against the doctor herself/himself.

In most cases, you cannot sue a hospital for any doctor’s treatment error, unless the doctor in question is an employee of the hospital. However, exceptional cases occur, like when the doctor’s incompetence should have been apparent to the concerned hospital.

This is where an attorney comes in; once you consult with one, they’ll listen to your case’s circumstances and give you sound advice.

Obtain Your Medical Record and Determine Your Damages


Every hospital keeps their past patients’ medical records, at least a few years since their treatment. Upon making a request, the hospital should give you your records without hesitation. The most they should charge you is the copying expense.




At some point, the hospital or negligent practitioner may offer you a settlement; you must determine your case’s value beforehand. Consider all the possible harm and losses that stem from the malpractice, including future medical treatment that resulted from the error.

Evaluate the past and future lost wages. Valuing damages by yourself is risky since there may be some valid losses that should be compensated for that you are not aware of. 

For instance, you need to take into account any decrease in your life’s value due to the injury, a loss measured by lifestyle changes like losing the ability to walk, enjoy sports or play with children.

You may also get damages for the loss of consortium, which is the loss suffered by your family members due to your injury. A seasoned attorney will have the requisite knowledge to evaluate every single loss you suffered from the malpractice.

Draft and File Your Complaint


A lot of states have varied rules regarding the procedure involved in filing a medical malpractice suit. For instance, some states require their patients to file an affidavit of merit where a qualified medical expert has attested that the patient has a valid case.

Your attorney will take you through these processes to ensure your claim isn’t invalidated over a small step missed. Finally, you and your attorney will draft and file the complaint describing the occurrence of the injury, the harm caused to the patient, and the amount of money expected in compensation.

Make a Claim and Get Justice for Your Injuries


Sometimes, mistakes are just mistakes, while other times some mistakes are obvious and could have been avoided. If you suspect that you are a medical malpractice victim, seek a professional medical expert and medical malpractice attorney. 

Explain the circumstances and check whether you have a valid case. Once you have ascertained that you have a claim, go ahead and begin the process.



Monday, February 8, 2021

Should You Incorporate Your Business?


Doesn’t incorporation sound fancy? The word incorporation may conjure the idea of high-rise buildings, classy offices, and designer suits but that is not what it is. Incorporation is not just for the big guys. 

Even an entrepreneur who has just started can incorporate their business. The decision to incorporate a business doesn’t depend on size instead; it depends on what you do and the long-term goals of your business. 

Incorporation, like any other thing in business, has its own advantages and disadvantages. As a business owner, it is a must that you understand what incorporation is? And how it helps your business? let us drive straight into it.

What is incorporation?


Before deciding whether you should or should not incorporate your business, let us clearly understand what it means to incorporate your business? Incorporating a business means setting it up as its own identity that is as a corporation recognized by the states. 

Incorporation doesn’t mean registration where you inform your state of your existence. Incorporation of business gives you the right to operate legally. With incorporation, you create a legal entity for your business. When you incorporate your business, your business is separated from you and it becomes a legal entity.

Incorporation doesn’t change the way you are taxed. It is mainly because the legal entities that are recognized by the state differ from the legal entities identified by the federal government. it is confusing, right? 

Let us use an example and understand it clearly. A single-member LLC is categorized as legal by the state while the IRS classifies the same as a disregarded entity. And in that case, you are taxed as an individual. 



The way you are taxed depends on the type of legal structure you adopt from LLC, S Corp, and C corp. The incorporation taxes considered differs for each legal entity.

Should you incorporate?


Now coming to our actual problem, the answer depends on various factors. You have to consider a lot of factors before you make a decision.

Legal protection


Your personal and business assets are the same when you are unincorporated. On the other hand as an incorporated business, if your business uses, you are protected from personal liabilities. Though there are some exceptions, the scenario remains the same in most cases. 

You won’t be liable for the debts in business unless you have signed a personal guarantee. The legal protections you require depend on the industry and the products and services your offer. For instance, the legal risk that a virtual assistant faces is much lower than a seller of food products.

Tax savings and federal


The rates of incorporation taxes in Canada are a bit lower compared to personal tax. This offers you an opportunity to save a bit on tax when operated through a corporation. A lot of factors play a huge role while thinking about tax benefits. When you operate as an incorporated business, you experience increased flexibility.

Advantages of incorporations


Let us take a look at some advantages of incorporating your business your small business

Easy access to capital: increasing capital becomes easier for a corporation compared to a private business. It is because as a corporation you can issue shares of your stock. This makes it easier for your business to grow and improve development. 

Also when you apply for a bank loan, the banks will readily offer loans to corporations than to an unincorporated business venture. As a corporation, you get access to more sources of capital.




Enhance your credibility: the benefits of incorporating your business is not reserved only to finance. Suppliers and customers believe corporations are more stable than incorporated businesses. Having Inc. or Corp. following your name is a reflection of various characteristics such as permanence, credibility, and stability. It also expresses commitment to the success of your ongoing business.

Perpetual existence: corporations are the highest legal business structure that continues to be indefinite. Corporations remain indefinite regardless of significant changes to the directors, managers, or shareholders.

You can avoid legal entanglement with other businesses by incorporating your business. it also offers anonymity to the owners. If you want to keep your involvement secret, incorporating the business is the best choice.

Disadvantages of incorporation


As you, the advantages of incorporation on one side, weighing the disadvantages becomes a must.

Cost of incorporation: incorporation doesn’t happen for free. it includes the cost of a lawyer, documents, and much more.

Ongoing costs: you are liable to pay an annual legal filing fee and a fee to an accountant to file the tax return

Administrative burden: to remain in good stead with the legal authorities, you require legal and tax filing every year which requires invaluable time and attention of the owner.

Less tax flexibility: in a corporation, you won’t have the same flexibility in managing losses as in a sole proprietorship or a partnership. The losses can reduce the income of the corporation from other years.

Bottom line


Taking the decision of incorporation alone becomes overwhelming. Hence discuss with a professional accountant and lawyer to know the nitty-gritty details of incorporation. They can give you a more precise picture of incorporation works and help you make a decision.

Sunday, January 31, 2021

Family Law Mediation Can Impact Your Finances



There is nothing good about dealing with a divorce. Divorce is rated as one of the most stressful processes one can face. This is because the divorce process brings much emotional turmoil and financial implications and tears families apart. 

However, during this hard process, family law mediation can alleviate your stress and give you a slightly simpler time as you make your life decisions after your divorce.

Such decisions include how to share your assets, support payments, and child custody. Family law mediation can impact your finances a great deal. Luckily, the impacts of family law on your finances are mostly positive. Here are some of how family law can impact your finances.

What Family Law Mediation Means


When a couple is involved in a divorce, things can quickly escalate and lead to disagreements, particularly with the more sensitive matters such as financial assets and child support. That is where meditation comes in handy. 

With the help of a professional, impartial mediator, the divorced couple converse and come up with an agreeable solution that will work for them both. Mediations are usually physical meetings and can only take part if both parties are on good terms and cannot harm one another.

How Family Law Mediation Can Impact Your Finances
Cost-Effective


As compared to other settlement measures available for divorced couples, family law mediation is one of the most pocket-friendly costs. 



This is because you only have to pay your mediator as compared to settlements whereby the divorcing parties have to pay both of their lawyers. 

Quicker Pace


Since your sessions with your mediator are personal and private, you can take them at your desired pace. You can slow down your mediator when you feel they are moving too quickly or hasten them up whenever they lag behind. 


You have power over your mediation sessions, and you can ensure you take the most minimum time possible. Therefore, doing this will go a long way in helping you cut costs and save you a lot of money.


Save on Legal Fees


Presenting your divorce case in court is not free. There are several legal fees you may be required to pay before the court decides your settlement case. Using family law mediation services will help you to cut down on these costs as you focus on resolving the contention at hand.

Allows You Time to Work


Since family law mediation moves at your pace, you do not have to put a standstill to your daily duties and routines. Instead, you can continue working and, in turn, get paid while you make plans for mediation with your professional mediator.

Negative Impact


If you are looking for a solution that will not cost you even a dime, mediation is not your go-to option. This is because you will have to pay your family law mediator for the services they have offered to you. But that should not be a big deal if you put this negative side by side with all the positives.

The Best Option


The whole divorce process can be rather confusing. It gets particularly harder when you are not fully equipped with the options you can use to settle all the crucial matters. However, by hiring an attorney for family mediation, you will make matters much easier.

It is the best option that you can employ while dealing with the issues surrounding divorce cases. An attorney for family mediation can be your mediator if they are trained, and if they are not, they may be able to recommend a good mediator to help you with your divorce troubles.


Friday, October 11, 2013

Cost Effective Legal Advice for Families

Whether you are dealing with the breakdown of a relationship and would like to make sure that your children and yourself are well provided for in the future or you would like to make a cohabitation agreement with your partner to ensure that shared property does not become an issue in the future, there are solicitors around the country that can help to resolve your legal problems. However, not all of them charge the same or provide the same level of service when it comes to family law so it is a good idea to take your time and to shop around before hiring a solicitor to represent your interests. 

The following points may help you to get the most for your money when hiring a legal professional who specialises in the law as it pertains to families.

  • Insist on an initial consultation, either by phone or in person, before making any financial commitment to the process. Any solicitor that is worth doing business with will be more than happy to offer basic advice on your case before they start charging for their time. If you come across a firm that is not willing to do so, simply move on to the next one in your shortlist. The world of legal advice is a competitive one and there is no point in wasting time on companies that are unwilling to recognise this fact and adjust their business model accordingly.
  • Only deal with solicitors and legal firms that are members of Resolution. Resolution is an organisation of 6,500 family legal professionals and their membership is committed to helping clients resolve family legal disputes in a non-confrontational manner. This makes member firms and individuals a good choice for people who wish to keep their legal costs to a minimum as they can rely on these legal professionals to help them avoid costly court appearances whenever possible.
  • Pick a firm that offers a comprehensive range of services. If you deal with a company that can handle all of your legal problems, it will make it much easier to keep a close eye on your overall costs and ensure that they do not start to get out of control. Firms such as GT Stewart Solicitors, which deal with divorce, domestic abuse, child custody and many other aspects of family law, are able to look after all the needs of people who wish to extricate themselves from a failing relationship and can provide a single point of contact that makes life simpler for those who already have plenty to deal with on a daily basis.
  • Choose an organisation that is happy to accept publicly funded clients. If a firm of solicitors does not declare its willingness to deal with people in receipt of legal aid and its commitment to providing them with the same levels of service as privately funded clients, they may not be your best choice. Some firms are keener than others to help people that need their assistance but cannot pay for it themselves and in my experience, the ones that really want to will advertise this fact on their website and in their promotional literature.
  • Following on from the above point, always take the time to find out what, if any, legal aid you are entitled to before you hire a solicitor. There are plenty of advice bureaus across the country staffed by volunteers who can help you to discover exactly what you are entitled to so it will not cost any money to establish your position. To check if you can get legal aid, you can complete an online questionnaire that will give you a good idea of your chances of receiving financial help. Any help that you can get will of course reduce your costs so be sure to investigate your options fully before you start any legal proceedings.

Conclusion
The reasons that people need to consult with lawyers who specialise in family law are not usually happy ones but it would be foolish to make a bad situation worse by failing to exercise due diligence when choosing a legal representative. Make sure that you get value for money by being selective about the types of firms and individual solicitors that you are prepared to hire.

About the Author:

GT Stewart in London is a law firm that provides legal advice and representation for various cases. Know how to arrange for GT Stewart solicitors by visiting gtstewart.co.uk.





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Tuesday, March 5, 2013

Getting Legal Assistance for Driving Offences: The Costs and Benefits

Court Guard and Immigration Police
 (Photo credit: peretzp)
If you have been charged by the police for allegedly breaking the law behind the wheel, you will have every right to dispute any fine or punishment which is dealt out. To do this properly, you will need to enlist the assistance of a qualified lawyer who knows traffic offences like the back of their hand. Of course, the penalties will have to be high enough for the legal fees to be worthwhile. If you have been charged with a ludicrous amount, here are a few ways in which you can save money and benefit by actually hiring an experienced solicitor. 

Initial Advice Free of Charge


The best legal firms will offer their first consultation for free anyway, meaning that you really have no excuse not to find out what they can do for you. If there is a good chance of you disputing any traffic offence you have been charged with, your chosen solicitors will give you the lowdown. They should also let you know whether it is worth it to fight that specific monetary penalty given the legal fees as well as the time and effort involved. 

Reports and Studies for Support


Another benefit of hiring a lawyer to assist here is that they can supply you with a whole range of research which can strengthen your case. Instead of going to court on your own, you can bring along a legal advisor who has done the appropriate studies, including the following: 

  • Reconstruction reports that go over the events that took place 
  • Road sign placement tests which examine whether this was to blame 
  • Alcohol/drug analysis that determines whether the tests were done properly 

As you can see, the best lawyers will tackle this issue from several angles. By taking the time to hire some truly experienced driving offence solicitors, you can back yourself up well during the trial, giving yourself a better chance of actually winning your case. All of this added information would be impossible for you to compile and collect on your own. 

Financial Matters


Of course, there is always the cost to think about when hiring a lawyer specialising in traffic offences. Fortunately, this is not something that you will need to worry about too much. This is because the top legal firms will let you know exactly what the charges are from the beginning. Some will even offer additional assistance such as “no win no fees” policies. Alternatively, they will seek out compensation from the courts if you are finally acquitted in the end. 


Thus, the monetary aspect will be handled properly at each stage of fighting your case. After the free initial consultation, you will know exactly how much your legal fees will cost and can then budget accordingly. Of course, the total amount will have to be less than the fine you have been charged with. It should also be low enough so that the time and effort spent in court will be worthwhile once the case is finally wrapped up. \

More Pros than Cons


As you can see, there is plenty of reason to hire a solicitor to contest your driving offenses as long as you plan properly beforehand. By taking your time out to find a lawyer who really knows this topic and who will not charge you a fortune, you can then gain a host of legal benefits as a result. Whether you have been charged with drunk driving or speeding, the right advice and assistance can help get you through these legal hurdles and hopefully win your case without having to spend a fortune in fees to accomplish this. 

About the Author
Cunninghams Solicitors Ltd are driving offence solicitors, offering range of services for defence work for appearances at police stations and magistrates courts.



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