Archive for Clients
Work Injury Lawyers – Saviors Or Sinners?
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Work Injury Lawyers – Saviors Or Sinners?
By Peter Kirkham
If you have been consistently becoming more ill or incapacitated over the months or years, or you have been injured directly by hazards or negligence at the work place, you are one of the millions of people yearly in America who will benefit from the services that work injury lawyers provide.
When you have questions that you need answered or have been slighted in any way by your employer regarding an injury or a condition that was caused by your work environment, you have rights that you may not completely understand, and because all of these matters are time sensitive, you will need to get on with things rather quickly.
Timing is nearly everything where these cases are concerned, and this means that you will need to be prepared with full documentation of all of the events, conversations, and symptoms leading up to your injury or condition.
In order to do this properly, doctors and work injury lawyers often work together to get a clear and concise case file worked up, and this is then presented to your employer or their attorney for review and answer.
If you already have a work injury lawyer in place, your employer will understand that you are serious about your claims and about backing them up to the full extent of the law.
Because workers comp and personal injury laws vary greatly from state to state, you will need to stay local in your search for the attorney you feel comfortable with.
An online search for a firm or an independent attorney is a great way to get started, and you might include your city and state in the terms of your search so that you can retrieve a more thorough listing of local work injury lawyers.
Remember that many of these lawyers will review the details of your case for free, some of them offering full services in advance of payment based on the strengths that they find in your case.
As you move forward, it is important to remember to let your attorney do all of the talking and the communicating unless you have been directed to do so at a hearing.
As with all legal battles, everything that you say can and will be taken into consideration when determining the outcome of your benefit awards or settlement. It is very important that you keep yourself protected and out of the spotlight until your attorney has navigated the waters and assessed the situation.
The nature of your injuries or illness will also play a big part in the way that your case is determined by the court, should the suit reach the bench of the law. In order to avoid court cases, the work injury lawyer has the expertise and the know-how to negotiate out of court settlements that you might not have though possible.
Most employers will avoid court at all costs, but this doesn’t mean that you should accept the first low number that is thrown on the table, making your attorney a very important commodity.
To discover more information about workplace law have a look at Work Injury Lawyers
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How to Choose a Lawyer For Your Spinal Cord Injury Case
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How to Choose a Lawyer For Your Spinal Cord Injury Case
By Brenda Hollingsworth
Finding out that you have suffered a serious spinal cord injury as a result of an accident can be devastating news for you and your family. With so many serious medical issues to contemplate and digest, it can be overwhelming to also have to make important decisions about advancing a legal claim for compensation. The purpose of this article is to assist you to streamline making these important decisions.
Why Use a Lawyer At All?
Sometimes the most seriously injured victims wonder whether it is necessary to retain a lawyer at all. After all, if you are a paraplegic or quadriplegic as a result of the accident, is anyone really going to argue that your injuries do not exceed the insurance policy limits? While that is an excellent question, most readers will be surprised to learn that insurance companies will often challenge the victim’s future care costs and other identified needs as a way to chip down the damages.
Getting a lawyer is key to ensuring your damages are maximized. And this is critical. Spinal cord injured victims require every penny they can access to ensure the highest quality of life possible.
How to Chose the Right Lawyer for your Accident Case
Experience: Not every lawyer practices personal injury law and not every personal injury lawyer is experienced in handling spinal cord injury cases. Consider whether the lawyer you are contemplating has actually handled clients with serious spinal cord injuries.
Network: A lawyer who has been through other cases like yours will have a network of service providers who can help you access the goods and services you need. For example, does the lawyer you are contemplating have a relationship with the Canadian Paraplegic Association or a similar organization in your area? Some of the non-legal assistance your lawyer provides is just as important as the legal assistance.
Results: Does your lawyer have a track record of obtaining top dollar for spinal cord injuries? Many lawyers will post dollar amounts of past settlements on their websites. Remember, a million dollar settlement for a spinal cord injured person is not a great result in many jurisdictions if there were five million dollars available under the policy. However, it is an excellent result when the insurance policy was only a million. It is important to look beyond the numbers posted on a site.
A Final Note
When we have visited our clients in the hospital, we have been surprised to see other lawyers have dropped in to deliver business cards and promotional materials. Ask yourself whether a really good lawyer will troll the hospital halls.
Brenda Hollingsworth is an Ottawa injury lawyer who only represents injured accident victims, never insurance companies. Brenda regularly achieves settlements for injured people. To read more about Brenda, or to schedule an appointment with her, visit http://www.personalinjuryottawa.ca or call 613 233-4529. Our initial consultation is always free.
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Characteristics Of A Professional Personal Injury Lawyer
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Characteristics of a Professional Personal Injury Lawyer
By Mae Sta Maria
Everywhere in the world lawyers can be found. They are everywhere to give you the legal service you require when you file for personal injury claims. But the question is “how will you determine if you are retaining the best personal injury lawyer there is?”
Every lawyer that is hired will do whatever it takes to get hired by a client. A lawyer who shows sympathy to his client does not necessarily mean that he is what you are looking for to represent your case.
Make sure that you do not fall for a lawyer who is too reassuring that he can win for you an almost impossible personal injury claim. In general, there is really no way that a lawyer will know from the start the possible outcome of a personal injury case, neither can this lawyer immediately know the worth of your claim without first asking getting the exact details from you. Beware if they do.
Be sure to ask the lawyer you wish to hire if he has a courtroom experience for an injury claim. There are some lawyers who never had experience going to trial because their clients usually have an out-of-court settlement. Although an out-of-court settlement is often more desirable depending on the size and factors of the case. If the lawyer you are dealing with does not have such, then you should determine which factors are of most relevance to you.
Having trial experience can make a difference for personal injury attorneys because some insurance companies will monitor which attorneys have experience in court trials. They can use this information for their best interests throughout the claim. Many times an insurance company would prefer to settle out of court. In the politics of personal injuries it is best to have an attorney at your side and on your team. In these situations it is good to remember that who you hire is working for you. There are occasions where not every party has your best interests in mind. That is why an attorney on your side can create significant advantages in your case.
The relevance of hiring the services of a personal injury lawyer who has court trial experience can spell a big difference to your injury case. Try to speak with at least two to three lawyers so you can determine your preference among them. Make sure that you hire a lawyer who communicates well. The above tips can be useful to help you find an attorney who will be useful to you in a difficult time.
Mae Sta. Maria is a writer who admired most the profession of a Personal Injury Lawyer and an Auto Accident Attorney, that’s why she showed great interest in reading and writing articles related to Personal Injury topics.
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Can a Collection Agency Threaten?
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Can a Collection Agency Threaten?
By Greg Artim
Collection agency threats are about as common as oxygen being in the air. To begin, they legally cannot “threaten” to do anything that is illegal, and they cannot “threaten” to take an action that they do not intend to actually take.
The biggest threat that I hear about is wage garnishment. To start, let’s be absolutely clear on this, wage garnishment cannot happen in Pennsylvania except under very limited circumstances. Generally, I can say that a collection agency lawsuit will not meet with those very limited circumstances. In that regard, any threat to garnish wages in PA by a collection agency is illegal because they simply cannot garnish wages here in Pennsylvania.
Another big threat that I hear is that they’re going to take your house. Really? I don’t think so. For the most part, the collection agency case is for a few thousand dollars. I’d say that the average case that my office handles is over an alleged debt of $6000. Does it remotely make sense that they could take your house for a debt of $6000? Of course not. That type of threat is generally illegal in PA. (As a side note, if the collection agency does win in court, they may be able to place a lien on your home. This is much different than taking it).
We’re going to press fraud charges or put you in jail if you don’t pay this debt! Another illegal threat. First of all, there is no court in the land that is going to put you in jail for failing to pay a credit card or collection agency debt. Second, they can’t press fraud charges against you. If there was the possibility of fraud, wouldn’t it make sense that the original creditor or financial institution that your alleged account was with would do that? They didn’t, and instead choose to sell your claim to the collection agency. Such a threat in PA is illegal.
Any other type of threat that sounds outlandish or “just not right” is likely illegal in PA. The illegal threats are pretty easy to see. On the flip side, there are some “threats” that are legal in PA. The threat to sue is one. The collection agency absolutely has the right to file a lawsuit against you if you fail to pay an alleged debt. Whether they can actually prove the case in court is another issue that has been answered in detail in many of my other articles.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair “threats” and practices by collection agencies. It is a fairly strong law that makes it illegal for the debt collector to engage in abusive practices. Making some of the above described threats is a violation of this law, and may give you the ability to sue the collection agency for its conduct.
In a nutshell, if you hear a threat that just doesn’t sound legal, it probably isn’t. Make a note of who made the threat, what agency they were with, what the date was, time of day and then contact a consumer attorney with that information. You may just have a lawsuit against the collection agency.
Greg Artim is a Consumer Attorney based in Pittsburgh, PA. He handles Collection Agency and Credit Card Defense matters in all of Pennsylvania. For more answers to your Pennsylvania Credit Card Law questions, please visit his website at PA Credit Card Laws .
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Collection Agency Law Explained
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Collection Agency Law Explained
By Stu Pearson
If you have ever been contacted by a collection agency, you know that it can be an unpleasant experience. A collection agency can turn simple acts, such as checking the mail or answering the phone, into dreaded tasks. However, it is important to know that there is a law in place intended to protect the people that collection agencies contact. The FDCPA (Fair Debt Collection Practices Act) was enacted to keep debt collectors from abusing, harassing, or deceiving a person when attempting to collect a debt. It also gives debt collectors strict guidelines to follow when collecting a debt. In this article, we will have this collection agency law explained in simple terms, to better inform debtors of their rights.
For starters, the FDCPA outlines very clear practices for debt collectors to follow when contacting a debtor. Debt collectors are only allowed to call during reasonable hours (usually 8:00 a.m. – 9:00 p.m.), but they are also allowed to call a debtor at work. However, if the debtor notifies the collection agent that their employer wants the calls to cease, the debt collector must stop calling the person’s place of employment.
There are also rules of conduct a collection agency must follow when collecting a debt. A debt collector is forbidden from harassing any person from whom they are trying to collect a debt. Examples of harassment include excessively calling, insulting the debtor, or using obscene language. A debt collector is also not allowed to make false statements when collecting a debt. Examples of false statements include posing as a government official, making threats (lawsuits, imprisonment, seizing of home and property, etc.), or telling the debtor they owe more than they actually do. In addition, a debt collector can not use unfair practices in attempting to collect a debt. These practices include collecting an amount larger than what the debtor actually owes, or suing the debtor for a debt they do not owe.
The FDCPA requires collection agencies to notify debtors of their rights, and any correspondence (mail or phone) has to contain the information that the contact is being used to collect a debt. The only reason a collection agency can contact a third party (family or friend) is to acquire the debtor’s phone number or address. If the collection agency has this information, they are forbidden to contact a third party. It is also illegal for collection agencies to tell a third party that they are attempting to collect a debt.
The FDCPA is in place to protect the rights of debtor’s while making a collection agent’s job clear and concise. If a person being contacted by a debt collector feels that they are experiencing the violations discussed in this article, it is important that these misconducts are accurately documented. The reason for this is so that the claims can be proven if the debtor decides to take legal action.
Now that you have had this collection agency law explained, you should feel more confident about your rights if you are ever contacted by a debt collector. It is best to avoid the situation altogether by staying current on your debts, but it is good to know that the FDCPA exists if ever find yourself on the receiving end of a collection call.
Stu Pearson has an interest in Finance & Business and Collection Agency, for more FREE information and articles please visit Collection Agency Resources
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Predatory Collection Agencies – Another Reason Never to Take on Debt
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Predatory Collection Agencies – Another Reason Never to Take on Debt
By Nick Adama
The number of potential violations of law, court procedures, and common human decency that the owners, managers, and employees of collection agencies have been caught engaging in is almost endless. Homeowners facing foreclosure, consumers considering bankruptcy, and even families attempting to pay back loans but who have fallen on hard times should be aware of these tactics in order to recognize them as the violations they are.
A previous article discussed some of these shady practices, including violations of the federal collection laws, seizing bank accounts holding exempt Social Security payments, obtaining judgments fraudulently by failing to serve borrowers with lawsuit paperwork, and others. In general, if a collection agency is involved in pursuing a debt, the main objective will be embarrassing borrowers, not making sure the debt is paid.
Even in the cases of identity theft, collection agencies will keep pursuing a debt once it has been established that the debt is exempt. Instead of giving up on such collection attempts, the account is usually just sold to another debt collector who begin the process all over again. If the borrower sends documentation that the debt is noncollectable due to identity theft, it is just sold to the next agency.
Debt collectors will also take advantage of the fact that most debtors do not know that they can request no more phone calls be made to their work, home, or other phone numbers. Instead, the agency will threaten to keep calling until the borrower is thoroughly embarrassed or has lost his or her job due to the harassment. Although this is against the law, collection agencies know that most borrowers are not aware of their rights.
Collection agencies know two things: they often can not validate a debt, and borrowers do not know how to defend themselves in court. Thus, when a collector is sent request for validation, it often responds by filing a lawsuit against borrowers. However, this is against the law, as a collection agency that can not validate a debt is no longer allowed to pursue any collection attempts until it has the information to validate properly.
The worst action that borrowers may take is agreeing to pay back a debt, in some instances. Collection agencies, once authorized to debit a bank account for periodic payment, will attempt to withdraw as much money as possible from the debtor’s account over a very short period of time. This can result in NSF fees, overdrawn account fees, and the closure of the bank account in the end.
In some states, debt collectors are able to dictate to the banks what to do with borrowers’ money even without a judgment, court order, or lawsuit. So-called “pocket service” laws state that a bank can be served with a garnishment summons and the bank account must be frozen for the payment of the debt. Again, exempt Social Security payments may be in the account, but borrowers must fight to get those funds back.
It should be noted repeatedly by homeowners and consumers that collection agencies file a large number of lawsuits, regardless of the statute of limitations, identity theft, or being able to find and serve the debtor properly. In almost all of these cases, the collectors use lawyers to file frivolous, fraudulent lawsuits and obtain default judgments, even for debts that are otherwise noncollectable.
Veterans are not protected, either, from the deceptions of collection agencies. A report by the National Consumer Law Center has this to say:
“My client, a soldier in Iraq, gives (Debt Collector) permission to debit his account for $300 on 5/1. They proceed to clean out his account. He called [his bank] and asked that [Debt Collector] be blocked from any further access to the account. (The Bank) tells him that is not enough; that [Debt Collector] is well known to them, and they will simply take further monies under a different name–they do this to soldiers all the time.”
Debt collectors usually are not picky about which groups they harass — everyone is an equal opportunity victim. But obviously, some companies decide to enter niche markets, like taking advantage of veterans based overseas who find it more difficult to defend against such actions.
Thus, every homeowner should be on guard against the fraudulent practices of debt collection companies attempting to embarrass debtors more than have debts repaid. Many of these parasites masquerade as law firms, using their political connections to sue borrowers even when all of the actions they must perform to get a judgment are based on lies and against the law.
Of course, this is not to say that every borrower is being preyed upon or every debt collector is a predator. However, a surprising number of collection agencies have established a pattern of behaving in a manner designed to humiliate borrowers instead of give them opportunities to repay defaulted debts. By gaining an awareness of such practices, hopefully more debtors will be able to avoid being taken advantage of by fraudulent companies and lawyers.
Nick writes for the ForeclosureFish website and blog, which provide foreclosure help and information to homeowners attempting to save their homes. The site describes numerous methods to avoid foreclosure, including deed in lieu, loan modification, stopping a sheriff sale, and many others. Visit the site today to read more about stopping foreclosure while there is still time: http://www.foreclosurefish.com
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How Collection Agencies Violate Debt Collection Lawsc
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How Collection Agencies Violate Debt Collection Laws
By Nick Adama
The Fair Debt Collection Practices Act (FDCPA) was originally designed to protect debtors against abusive actions taken by collection agencies when they are pursuing a debt. There are numerous violations that may cause penalties against the debt collector to be paid to the borrowers or applied to the balance of the account. Two of the most important are prohibitions regarding communications with third parties and harassment of debtors.
Throughout the history of the FDCPA, court cases have been defining what is and is not a violation of the Act. Collection agencies and collection lawyers are the types of business that receive the most complaints by consumers though the Federal Trade Commission. The two most common complaints the FTC receives regarding collectors involve claims of harassment and collection agencies pursuing more than is really due.
A number of recent decisions in court cases have helped flesh out some of the issues regarding harassment and collectors contacting third parties (such as a borrower’s brother or coworker). In many cases, debtors that just defend against such actions can uncover numerous violations of the law by collection agencies. The borrowers may owe the money, but if the collector can not prove it owns the debt or has broken the law, its claims to recover may suffer severely.
In terms of communications with third parties in the collection of an account, debt collectors are not allowed to leave messages with family members of the debtor and request that they be conveyed through the third party to the borrowers. Failing to leave required notices may also be considered a violation of the Fair Debt Collection Practices Act.
Debt collection companies and lawyers must also protect borrower information when sending letters in the mail. One court found that a collector violated the FDCPA when it sent a letter to debtors with a window envelope where anyone could see information about the debt being referred to, including the creditor and the account number.
As well, debt collectors are not allowed to discuss or sell borrower information to nonaffiliated third parties. Collection agencies may not be allowed to make even more money from taking the personal information of debtors and selling them to marketing partners, poor credit card partners, transfer credit card partners, and others. This would be a clear action of communicating with third parties while collecting a debt.
Harassment is also a huge complaint of borrowers against collection agencies, as mentioned above. Collectors may call at all hours of the day, at work, home, on cell phones, and to family members of the debtor. While they are required to cease such communications if informed by the borrowers, collection agencies have been known to keep pursuing debts in violation of such laws. Repeated rude, threatening phone calls have been found to be a violation of the FDCPA.
For example, one collection agency actually had its agents visit a borrower’s home to deliver lawsuit papers and shout outside in a loud voice. They repeatedly yelled the debtor’s name and shouted things like “you need to get your ass out here and open your gate now,” and “you need to come out and get these legal papers now.” One court has found this behavior to be a violation of the prohibition against harassment.
Debtors should also watch out for collection agencies attempting to get them to admit things both the borrowers and debt collector know to be untrue. Even though the collector’s own records showed that a payment had been made, it attempted, though the court discovery process, to get the borrowers to admit it had not been made. The court found this behavior to be abusive, unfair, and an unconscionable practice which violated the FDCPA.
Collection agencies use a lot of devious tactics to pursue debts that they do not even really own. They seem to rely on harassment, deception, and embarrassing borrowers to extract money to keep them quiet. But once they come across a borrower willing to pursue the issue and challenge the debt and the collection practices in court, debt collectors are often found to be in violation of federal lending laws. If the debts they are collecting are legitimate, why is it so difficult for these companies and lawyers to follow a few simple laws?
Nick publishes information for the My Personal Bankruptcy Lawyer website, which attempts to educate borrowers how filing for bankruptcy will affect their lives. The site examines the different types of bankruptcy, how to avoid filing, and the best resources borrowers can take advantage of if it becomes necessary. Visit the site today to learn more about financial setbacks, foreclosure, debt settlement, and more: http://www.mypersonalbankruptcylawyer.com/
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Injured at Work ? What are Your Rights
Posted by: | CommentsThere comes a time when one of us gets injured at work. When this happens we must know our rights as an employee . Most employers do a good job with workman’s compensation and most accidents are only minor and can be treated quickly with no long term affects. There are other times though where a serious accident has happened that cause extreme suffering and long term affects. While most times things can be worked out between employee and employer there might be situations where you need a good lawyer.
The first thing you need to do after an accident, if possible, is to report it to your employer and then seek treatment from a authorized medical clinic or hospital. Your employer is by law required to pay all your medical expenses related to injuries acquired during an accident that has happened during work.
If you are forced to miss work because of your injuries you may also apply for temporary disability. This will pay you upto 70 percent of your wages while you are injured.
With a serious accident you might also be eligible for pain and suffering compensation. If you have been injured and you need professional advice you should contact an attorney asap. Time is ticking from the date to the injury to the time you contact a lawyer for help.
You should contact a lawyer if your employer is not complying by the law for workman’s compensation , denying your claims , or if you have been seriously injured at work.
Collectors Harrassing ? When Enough is Enough
Posted by: | CommentsOne time or another in life we all go through hard times. Some of our hard times are financial and even though you had all intentions to paying back a loan or credit card sometimes things happen that our debt cannot be paid back on time.
Contrary to many people,collection agents and collectors say, being in debt and not being able to pay those debts is not always your fault. You might have at the time been fully employed paying off your debts as they came in and always been responsible or trying to be responsible. A real part of reality is that not everyone will be financially ok at all times no matter how hard we work or how hard we try.
Companies layoff workers, economies go into recessions, businesses close, times change what you were successful at yesterday might not have a market today. The truth is that the credit companies and banks that gave you credit and these loans knew this and were hoping for it. They gave you credit in hopes that you would pay late and pay their high interest rates. Those rates that you paid all that time probably already paid off your core debt. The rest being all profit.
When you no longer can pay these creditors and banks sell off your accounts to debt collectors and collection agency. This is one of the least controlled fields in the consumer credit and all of businesses. There is no special license needed, no background checks , nothing that will prevent illegal agents and agencies from breaking the law.
If we have been unfortunate in life then we know what it is like to get those phone calls, those letters. We feel bad , we feel scared , and we often are abused by collection agencies. Knowing that we already feel guilty about our debt is the reason why collection agencies think they can away with harassing you .
You do have very clear rights though. A federal law known as the Fair Debt Collection Practices Act limits what debt collectors can do to harass you about debts. This holds true for all debt collectors including attorneys.
What debt collectors are allowed to do is call you , call you at work , and contact you by mail. They have every right to try to collect a debt.
What debt collectors not allowed to do ?
A debt collector cannot contact you before 8 am or after 9 pm
Call you continuously or harass you
Use Profane language
Claim to be an attorney or government employee when it is not.
Send you documents that look like legal papers when they are not.
State that forms sent to you are not legal documents when they are.
Say that you committed a crime.
Call your work after you or your company say its not permissible
Call your neighbors, friends or family if they know where you live.
Claim to law enforcement
Make any claim or discuss law enforcement, arresting you, going to jail, being a police officer, taking you to criminal court , etc etc.
Tell anyone about you debts.
Threaten you in any way.
Yell at you
Call you names
Says it will garnish your wages or sell your property if it is not legal to do that.
Says it will sue you, if the collector doesn’t intend to sue.
Is not truthful about the amount of money you owe.
Says you will be arrested if you don’t pay the debt.
Threatens you with violence.
They cannot call you and not tell you who they are .
Cannot leave a message without identifying who they are and for what reason they are calling for; they must state their name and company and that they are calling you in regards of debt and all information collected will be used to collect the debt, and the message should not be heard by anyone else.
All those things are methods used by Collections agencies and all the above examples are illegal and you can be compensated at least 1000 thousand dollars plus lawyer and any damages caused by the collector.
If you have experienced any of the above situations I strongly suggest you contact a Consumer Attorney. You will win your case and it is best to start saving the messages and do not speak to any collector at all , have them all go to your voice mail and save them .
Find a Ga Atlanta Area DUI / DWI Lawyer
Posted by: | CommentsIf you have been arrested or charged for DUI / DWI it is very important that you hire an experienced dui lawyer. Penalties in Georgia for DUI / DWI charges can be very severe and costly , including jail time. If you want the best possible outcome for your drunk driving or driving under the influence charges then you must hire an experienced DUI attorney.
The first thing you must take to mind that the penalties for drunk driving are very serious in Georgia. The laws are becoming stricter and the punishments more severe. On July 1, 2009 Georgia passed the toughest DUI laws to date mandating that all DUI convictions require jail time. Not only do you risk the chances of being imprisoned but there are some very big consequences for being charged with a DUI or DWI. Having a criminal record will affect your future, employment and freedom.
The most important thing you must do is get a well seasoned Georgia DUI attorney. You cannot just use any attorney you must use a DUI attorney. It is important for many reasons including that DUI attorneys are well versed in DUI law and have many years of experience fighting tough prosecutors in court. These attorneys are up to date with all the local laws pertaining to your case.
The time is ticking from the moment you arrested and if you do not hire the right lawyer your chances of your cases being dismissed , overthrown, you being found not guilty , or have the best outcome for your case become slimmer and slimmer. You might have only 10 days after your arrest to stop your license from being suspended . The time to act is now. If you are searching for local dui dwi lawyer remember to get the most experienced Georgia attorneys and firms your future depends on it.