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The Three Ps Of Proof: The Evidence That Your Lawyer Needs To Win Your Auto Accident Case

Posted by on May 11, 2016 in Uncategorized | Comments Off on The Three Ps Of Proof: The Evidence That Your Lawyer Needs To Win Your Auto Accident Case

An auto accident case in Ontario can become a real battle. It is not at all uncommon for there to be considerable contention regarding who was at fault. As the injured person, being able to clearly prove that the other driver was at fault is extremely valuable — in fact, it can make all the difference in terms of how much you get as a settlement. Hiring a personal injury attorney is always the best first step after you’re injured in an auto accident. Your lawyer will ask for any proof of fault that you may have, and if you have the following three things you’re starting the case off right. Here are the three Ps of proof.  Police Report  Police respond to all auto accidents in Ontario that involve injury or damages greater than $1,000. The police report that was created at the accident is a key piece of proof in many auto accident cases. This report will include all relevant information that the police were able to collect at the scene of the accident, including any admissions of guilt or wrongdoing that the other driver may have made. While your lawyer can obtain this police report themselves, it can help speed things up if you arrive with the police report in hand when at your consultation appointment. Photos From The Accident If you had an opportunity to snap a few photos at the scene of the accident, be sure to bring them to your personal injury lawyer immediately. The photos may only be grainy cell phone snapshots, but they can still reveal a lot about how the accident happened. For example, your snapshots may reveal vehicle positioning that contradicts what the responsible driver claims. If the photos show that their car was directly behind your car, smashed into your bumper, it’s hard for them to deny that they rear-ended your vehicle.  Personal Recollections on Paper As soon as possible following the auto accident, create a personal statement about what happened, and print a copy for the lawyer. Include every detail that you can remember, no matter how small. These personal recollections may reveal something that the police report missed. Your statement will help the personal injury lawyer build a strong case. It is highly unlikely that you’ll need to repeat this statement in court, as few cases actually go to court. However, it’s still useful information to your lawyer as they engage in the negotiations to secure a great settlement for you.  Contact a local personal injury lawyer, such as one from FrascaKim Lawyers, to talk about the proof that you have. If you have any or all of the three Ps above, you may have an excellent settlement in your...

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4 Reasons A Small Business Needs A Lawyer

Posted by on May 11, 2016 in Uncategorized | Comments Off on 4 Reasons A Small Business Needs A Lawyer

Starting a small business can be a very fun and exciting time, but it is not a venture you should try to do completely on your own– if you want things to go smoothly for your new business, it is in your best interest to retain the services of a business lawyer. There are several reasons a small business owner should consult a lawyer, such as: Assistance Structuring Your Business In Canada, you can structure your business as a sole proprietorship, partnership, corporation, or a co-operative. Many small business owners do not have a lot of knowledge about how to structure a business, which is why it is a very good idea to hire a business lawyer help you choose the type of business structure that makes the most sense and is the most advantageous for your type of company. Negotiating or Writing Contracts Business owners often enter into many contracts, whether for a lease for office space, a loan, or with a vendor who supplies products. No matter what type of contract your small business is entering into, it is essential to have your lawyer review contracts before you sign your name to anything. Getting stuck in a bad contract can be a disaster for a small business, so it is well-worth the money to invest in the services of an experienced lawyer. Likewise, if your company is drafting a contract for a certain situation, your lawyer can ensure that the contract is written correctly and properly protects the interests of the business. Employee Issues As a small business owner, it is important to follow Canadian Labour and Employment laws. In addition to national laws, there may be additional province or local laws regarding employment. If you want to avoid making a costly mistake and violating employment law, take the time to hire a lawyer to review your employment policies to ensure that they are reasonable and do not break any employment laws.  Buying or Selling a Business It is not uncommon for a small business to expand in size by purchasing another small business. This can be a great investment if you can purchase the business for the right price. But you never want to try to purchase a business without the assistance of a lawyer who understands how to do a business valuation, draw up the right contracts, and file the paperwork necessary to transfer ownership of a business. Contact a lawyer like Kelly, William F. for more...

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Want To Adopt Your Stepchild? Three Methods That Will Make It Easier

Posted by on Mar 14, 2016 in Uncategorized | Comments Off on Want To Adopt Your Stepchild? Three Methods That Will Make It Easier

Have you married somebody that brought their child with them into the relationship? It’s possible that you are looking to become the child’s legal guardian. This may happen if your spouse feels like you now play a big role in the child’s life, and want to make the bond between the two of you special. Unfortunately, adopting a stepchild is not easy to do when there is a biological parent that is alive, even if they are not around to care for their child. Adoption will terminate the other parent’s legal rights. These three methods can help you adopt the child. Get Consent The easiest method of legally adopting your stepchild is to get consent from the other biological parent. If the proper paperwork has been filed, it will help the court willingly approve your adoption request with minimal complications. A biological parent still looking to be a part of a child’s life may resist this concept, but it could be beneficial to them. For example, since they will not have any legal responsibilities to the child, they’ll no longer be obligated to pay child support. This could be a way to relieve themselves of the financial responsibilities, especially when they are not in a great financial situation themselves. You could agree to give the other parent visitation rights after the adoption is official. While this is not something a court could legally hold you accountable for doing, its something you could willingly do if it helps move the adoption process forward. Prove Abandonment When the child’s biological parent is not around to sign the adoption consent paperwork, you can prove that the child was abandoned. You would need to show how the parent was not contacting their child, not involved in making decisions about their life, and not paying child support. Check with your local laws about how long a parent must be out of the child’s life to prove abandonment. It may be required that a specific time period has elapsed for it to legally be considered abandonment. Disprove They Are The Biological Parent While it is difficult to probe a father is not the biological parent of a child, doing so will help you adopt a stepchild. This is only possible if the father has been the assumed parent the entire time. DNA testing would be required, which could be difficult to get the assumed father to participate for it. Work with a family lawyer in your area for help deciding on a strategy to pursue legal adoption. Contact a firm, such as Olschewski Davie Barristers & Solicitors, for more...

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Food Poisoning: Do You Have Any Legal Recourse If A Restaurant Makes You Sick?

Posted by on Dec 9, 2015 in Uncategorized | Comments Off on Food Poisoning: Do You Have Any Legal Recourse If A Restaurant Makes You Sick?

Just about everyone has been there at one time or another: Something you ate made you sick, and now you’re feeling terrible. You may even have had to miss work, an important social function or a long-planned family activity.  Let’s say you can pinpoint the cause of your illness and you’re relatively certain that it came from one particular restaurant. How do you prove it, and do you have any ability to recover damages? Proving Your Case It’s extremely difficult to prove that a particular meal or food caused your illness. Public health officials must work very hard to determine what caused an outbreak of food-borne illness, even when there is a cluster of victims who all ate at one establishment.  In many cases, food poisoning outbreaks look like one that involved Salmonella, a bacteria that causes vomiting and diarrhea, throughout Canada in October 2015. There were 34 verified cases of illness in eight provinces, and investigators could not identify a common source. If you think you might want to file a claim, take these steps: Visit your doctor right away. You want to have medical proof of your condition. Your doctor will also take stool samples and possibly bloodwork to see if the pathogen that is making you sick can be identified. Write down everything you’ve had to eat in the last 48 hours and where you got it. Include food you made yourself at home, even if it’s something like a bowl of breakfast cereal. Call your local health department to report your concerns. Your initial report can include where you suspect you got sick, and this can launch an investigation into the restaurant to see if there are any clear health code violations that could have lead to your illness. Your Legal Options If you decide to pursue legal avenues for recourse, you have a couple of options. You can sue for these reasons: Liability. You have to prove that you were sick and that the food served to you caused the illness. This may be a good option if, for example, an ingredient used at the restaurant was recalled for some type of contamination. Negligence. This is more likely to be the case, as improper food preparation may be the cause of your illness. If your health department investigated your suspected restaurant and found signs of a problem, this might be the best route for you to take. If you don’t think your case falls into one of these two categories, and/or you lack physical proof like medical records that show you were sick with a food-borne pathogen, you may not have any legal recourse. Contact a personal injury attorney for information on your options and whether you have a provable case. It may be possible to initiate a lawsuit that results in a settlement to cover your medical bills and any lost...

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How Your Personal Injury Claim Will Be Calculated

Posted by on Oct 6, 2015 in Uncategorized | Comments Off on How Your Personal Injury Claim Will Be Calculated

If you’re in the middle of a personal injury settlement, you may be slightly overwhelmed by all of the calculations involved. While the settlement process can certainly be intense, the calculations used are actually quite easily broken down into two categories: special damages and general damages. Special Damages Calculation Any damages that are considered tangible—that is, able to be precisely calculated—will be considered special damages during your personal injury case. Special damage calculations are straightforward since these costs are easily proven. While the at-fault party’s insurance company can certainly try to fight these calculations, the medical bills, records of lost wages, and other such documents are not so easily refuted. For example, perhaps you underwent an experimental treatment for a spinal injury. The at-fault party may argue that they shouldn’t have to pay that but instead should pay the cost of a cheaper, more common treatment. If your doctor and lawyer can prove that the experimental treatment was more effective and absolutely necessary, it’s not something that can be denied by the at-fault party. General Damages Calculation General damages are the intangible costs associated with an injury, such as pain and suffering and trauma. While these costs are certainly calculated into your settlement amount, they can be a lot harder to prove and can be difficult to collect on. Unfortunately for you, pain and suffering as an effect of an injury are subjective—no two people will experience the same turmoil, even if both go through the same accident or injury. Because of this, attorneys and insurers will likely look to similar cases in your state that actually went to trial and see what the jury awarded. If the average payment of cases similar in nature to yours is $50,000, for example, it can be harder to collect more than that. How Your Lawyer Can Help You Get the Most from Your Settlement While hiring a personal injury attorney isn’t necessary for all personal injury cases, he or she can certainly be an important and helpful part of the settlement team. A personal injury lawyer will understand the nuances involved in settlements; he or she can give you a more accurate idea of the amount of compensation you should be seeking and will work hard to make it so. In the field of personal injury, experience is important. A qualified attorney will ensure that you don’t settle for less than you deserve. To learn more about the settlement process and how an attorney can help you, set up a consultation appointment today. Look for lawyers in Fort McMurray or in your local...

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Child Lead Poisoning from Property Neglect: What You Can Do

Posted by on Aug 19, 2015 in Uncategorized | Comments Off on Child Lead Poisoning from Property Neglect: What You Can Do

You rent an older home and you trusted the landlord that the house was in good condition when you moved in with your small children, but now one of them has lead poisoning. Do you need a lawyer? The answer is yes, and you want to act fast. The lead is most likely in the walls in plaster and paint, but can be in other areas of the home as well. If your child is the 1 in every 28 kids diagnosed with lead poisoning each year, and it’s because the house wasn’t up to building standards, you deserve to be compensated. Here are few things to consider. Medical Expenses Now and in the Future The lead poisoning can lead to anemia, kidney failure, physical delays, hearing loss, and intellectual development problems in the child. These are going to affect the now in the present, and also years down the road in the future. If you have already spent money taking them to the physician to find out what is wrong with them, having their levels and other medical concerns checked, bring all of these expenses to your consultation. The lawyer takes into consideration the current expenses, along with the future expenses when coming up with a number for the settlement. Your Child’s Unfair Suffering You can’t put a price on what you would pay for your child to be healthy, but you and your child do deserve to be financially reimbursed for all of the suffering that both of you have had to go through because of the lead poisoning diagnoses. The medical statements diagnosing the problem, and a written explanation from a medical professional stating what potential issues may come from the problem are great for the case. Your Wasted Rent Not only do you want compensation because of your child’s suffering and their medical problems, but you shouldn’t have to pay to live in that space, and you should be compensated for the time that you spent there in that unhealthy environment. If you just found out that your child has lead poisoning and the medical staff is assuming it’s because of the place where you live, get a lawyer like Starer Elliot Lawyer and have the property tested for lead. You will be able to find out quickly if your landlord is to blame, and if you should put a case together to get what you and your child...

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Two Important Rights Of The Criminally Accused

Posted by on Aug 1, 2015 in Uncategorized | Comments Off on Two Important Rights Of The Criminally Accused

If you’ve been accused of a crime, you should know that you have certain inherent rights. Whether you are guilty or innocent, your status as an accused criminal grants you these rights under U.S. law. Right to Remain Silent Most people know of this right, but few people fully understand it. The right to remain silent falls under what are known as the Miranda Rights. This right is designed to protect persons who are being accused and questioned by authorities, or perhaps even being arrested. The idea behind this right isn’t to prevent officers from doing their jobs, but to protect people in tense and stressful circumstances from saying something that may self-incriminating, or which may be misconstrued. For example, an innocent person who discovers a dead relative may be accused of the murderous act if they are found at the scene of the crime. They may cry and say, “Oh, what have I done!” The police may misconstrue that outburst to mean they “did” the act, whereas they may only be referring to an altercation that led to the death, not the actual act itself. Keeping silent in the wake of accusation is your best and first line of defense. Your criminal defense attorney can help you decide when or if you should speak to investigative authorities. You are not obligated to verbally respond to any police line of questioning about the incident. Though this right is automatic, if you feel awkward saying nothing, you can simply state, “I am invoking my right to remain silent.” Attorney-Client Privilege Attorney-client privilege is upheld by the United States Supreme Court. This right ensures that the accused client of an attorney will be able to communicate in an honest and forthright manner with their lawyer so that the attorney will be able to fully represent and counsel their client. The attorney-client privilege even allows a guilty client to fully admit to their lawyer that they are guilty, with all the details of how they committed the crime. It also prevents the lawyer from testifying against their guilty client. If you are an innocent or guilty person accused of a crime, you should feel free to openly discuss your case with your attorney. Criminal lawyers are committed to ensuring that everyone—even a guilty person—receives a fair and just trial. Remember that the attorney-client privilege doesn’t pertain to those who may eavesdrop or overhear your conversations with your attorney. Be sure that any guards, cell visitors or other people nearby cannot hear what you say to your attorney. Your attorney is the only one to whom you should discuss your case. Being accused of a crime is a serious, life-altering event. Your sole source of advice should come from a licensed criminal attorney like one from Hardy & Associates Criminal Law...

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Answering a Couple of Your Questions about Settlements

Posted by on Jul 7, 2015 in Uncategorized | Comments Off on Answering a Couple of Your Questions about Settlements

Many people assume that their lawsuits will go to trial, but this is not actually the case. Often, these disputes are settled long before the formal trial ever starts. However, you may not have experience with settlement offers, and this can lead to you have questions about this method for resolving a civil dispute. By learning the following couple of answers to common questions, you will have a better understanding about this aspect of your dispute.  What Happens If You Accept a Settlement Offer before Speaking with an Attorney? It is common for insurance companies to approach accident victims relatively soon after the accident and make a settlement offer. Often, these offers can be very attractive, but it should be noted that it is likely that this offer is much lower than the value of your damages. Sadly, some people will simply accept this offer without first consulting an attorney, and this can be a dire mistake.  When you accept the settlement offer and sign the final paperwork, you will be waiving your right to future legal action relating to the accident. Unfortunately, there is little that your attorney will be able to do to reverse this. Therefore, it is critical for you to have any settlement offer your receive reviewed by an experienced attorney to make sure that the offer is fair for your damages.  Why Do Attorneys Often Encourage Clients to Accept Settlement Offers? Over the course of a lawsuit, there is a strong chance that the defendant will make a settlement offer to your attorney. Depending on the offer, there is also a chance that your attorney will encourage you to accept it, but many clients may feel this offer is too low and want to take the case to court. However, it should be noted that your attorney will have a reason for encouraging you to accept the offer.  A full trial can be extremely unpredictable, and while there is a chance that your verdict may be higher than the offer, there is also a chance that you may walk away with nothing. This is particularly true when there are complicating factors that must be considered. For example, if your actions were partially responsible for the damages, your prospects during a trial may be much worse.  Understanding the role of a settlement is important for being prepared for what to expect during your legal dispute. By knowing the importance of having an attorney like Terry Napora Law Firm review your initial settlement offer and why they may encourage you to accept an offer that is lower than what you think you deserve, you will be better prepared to go through this...

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Importing Your Car From The US Into Canada

Posted by on Jun 13, 2015 in Uncategorized | Comments Off on Importing Your Car From The US Into Canada

If you are deciding to bring a car that you have used in the United States into Canada, you will need to follow the strict regulations found in Canada. The Canadian government is concerned with making sure that all imported cars are safe for Canadian citizens. Find Out If Your Car Can Be Imported First, make sure that your car is one of the allowed makes and models in Canada. Ideally, you should check this before even purchasing a car in the U.S. if you ever intend to import it to Canada. Also, if your car was modified in a manner that is beyond basic maintenance, you will not be allowed to import the car into Canada. You are also not allowed to take vehicles that were purchased in Canada, take them to the United States to be modified and then bring them back to Canada. Make Sure Your Car Is Safe Sometimes, a car might not be listed and you will need to contact Transport Canada to receive a no objection letter. Transport Canada has a program for making sure that cars imported into Canada meet Canadian safety standards. If your car does not pass inspections, it cannot stay in Canada unless you make modifications that are deemed necessary. In some cases, you may not be able to modify your car to ever make it legal. You will need a proof of recall clearance. This is a document that proves that your vehicle has not been recalled and has not been found to be unsafe by the manufacturer. Sometimes, the manufacturer will provide recall information on the company website, which you can print out and use as proof that the vehicle is safe. You can also obtain a letter from the manufacturer that states that the vehicle has not been recalled. However, many manufacturers do not provide this for free. Obtain Insurance and Pay All Applicable Fees You will need insurance to obtain your license plates for Canada. Unfortunately, it will usually be more expensive to insure a car that was produced outside of Canada. If you have just purchased your car, you can use your temporary license plate that comes originally with the car. However, the temporary license plate will only last for one month before you need to register for an official Canadian license plate registry in Calgary. However, if your car has a U.S. license plate, you will be able to use it as long as you are following the appropriate procedures for importing the car. You will need to pay a fee and several taxes to have your car officially...

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Slip And Fall Accidents: 3 Facts You Should Know About Filing A Personal Injury Claim

Posted by on Jun 1, 2015 in Uncategorized | Comments Off on Slip And Fall Accidents: 3 Facts You Should Know About Filing A Personal Injury Claim

If you recently suffered a serious injury as the result of a slip and fall accident, you could be entitled to compensation for your injuries. In these cases, filing a personal injury lawsuit will often be the most effective way to ensure you get all of the compensation that you are entitled to. However, before you decide to rush down to the courthouse to file your claim, there are a few facts that you should know. Fact #1: Your Assumption of Risk Must Be Considered Reasonable People take risks everyday when they choose to drive a car, cross the street, or even eat at their favorite restaurant. However, these risks are considered reasonable because steps are taken to help ensure safety. For instance, you would wear a seat belt while driving or look both ways before crossing the street. Therefore, these common actions are considered a reasonable assumption of risk. This same reasonable assumption must be present in your slip-and-fall case in order to successfully collect compensation for your injuries. Fact #2: There Must Be a Reasonable Expectation of Care All people have a legal duty to protect each other from harm. This is why property owners can be sued if an individual slips and falls on their property as a result of negligence or poor maintenance. However, in order for this personal injury lawsuit to have merit, the victim in the case will first need to prove that there was a reasonable expectation of care. This means that it was reasonable for them to assume the property would be safe. Imagine for a moment that you slipped and fell outside of a local grocery store. You arrived at the store during normal business hours and did not see any obvious dangers in the parking lot. So you exit your vehicle and begin making your way to the front door when you slip on a sheet of black ice. In this scenario, it is reasonable for you to assume that the store would have removed all ice from the parking lot so that customers could safely enter the store. However, if you arrived at that same store after business hours, you would not have the same reasonable expectation of care because customers are not supposed to be present at this time. Fact #3: Personal Injury Lawyers Will Often Pursue Your Case without Upfront Payment Pursuing a slip-and-fall case can be a complex and time consuming process. Therefore, it is always best to pursue this type of case with the benefit of an experienced personal injury lawyer like Melanson Accident & Injury Law Firm on your side. If you are worried about your ability to pay for the services of a lawyer, you should know that many injury lawyers actually work on a contingency basis rather than requiring upfront payment. These lawyers may also offer you the ability to take advantage of a free consultation so that you can determine what the next step in your case should...

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