April 25, 2010
Tags: accident, attorney, hurt, injured, injury, injury lawyer, law, law-firm, Lawyer, legal, New Jersey Injury Lawyer, new jersey personal injury, personal injury law, personal injury lawyer
New Jersey personal injury law follows the law of comparative negligence so you are entitled to restitution even if you were partly responsible for the accident you were injured in.
In the day of contributory negligence you would not be entitled to restitution however. This concept says that anyone who is partly to blame for the accident cannot receive any money damages. But that has given way to the law of comparative negligence.
The legal case that founded the concept of contributory negligence was a case under the common law of England hundreds of years ago where a man riding in his carriage at night suffered injury when he drove over a large log in the road negligently left in the road by the owner of home adjacent to the road.
The man in the carriage at first won the case but it was overturned on appeal. The court on appeal ruled that the carriage driver was partly at fault because the lamp on his carriage was not working at the time.
The carriage driver’s lamp was not operating properly so the man did not have it lighted. The court said that if the light was on the man would have been able to see the log and avoid it and avoid the accident. His contribution to the accident, his negligence in not having repaired his lamp, prevented him from collecting money damages.
However, since then contributory negligence, a harsh verdict against the injured, has given way to comparative negligence law. This states that the injured party will have his award reduced according to his level of fault for the accident.
If the case goes to trial, the jury determines the percent of fault on the part of person injured and adjusts the award accordingly. So if you have been hurt in an accident and are partly to blame, you will still be entitled to money damages.
Retaining a New Jersey injury attorney for your case is an important decision. You should make sure you are comfortable with the attorney you choose. Conductin research and speaking with a qualified Neptune injury attorney is a good idea.
March 11, 2010
Tags: disability, injured, law, Lawyer, personal injury, workers comp, Workers Compensation, your-rights
You might have gotten hurt while you were at work. Illinois has good workman’s compensation, but sometimes, businesses will try to get out of paying what they should pay. This should not be tolerated. So, what can you do? You can seek Illinois workers compensation attorney and fight them for this.
The first thing you need to do is know where to look. Many people will just look in the phone book. While yes, this is one option, they don’t give referrals. You want referrals. When you get a referral it’s someone telling you to choose them because they have used them and are pretty confident with them.
One might try the internet to begin their search. This has a place where people can rate them and everything else. This is something that’s nice to have because you get their honest to god opinion of these attorneys. Yet, if you have to go to the phone book, there are a few things you need to ask. You shouldn’t just have to settle because you can guarantee they aren’t going to settle, they are ready to fight.
The other thing you need to know is how long they have been a lawyer in any litigation. You want someone who knows the courtroom. They might even know the judges and can help you to understand where they are going with this case. This means that you don’t want someone who just got out of law school. The rule of thumb is that you want someone with a good reputation.
Another thing that you need to ask them is how many cases they have won regarding cases like yours. They can always say sure I practice that, but this can give you an estimate on how successful they have been. If they have not been all that successful then you don’t want them.
You also need to know how successful they are at what they do. Just because they have been before a judge doesnt’ mean that they know what they are doing. They can have years of experience and not won even half their cases. This is not something you want to represent you.
Now that you have the basics as to what you should be looking for, we wish you all the best in looking for that perfect attorney for yourself. There are things that you are entitled to. Don’t just roll with it, fight hard for what you deserve. Many others have and have won big doing so.
The Epstein Law Firm can be seen all over the Internet with the search of the top search engines. You can call them for a lot of law problems and they can be helpful with Illinois Workers Compensation Attorney.