How does an attorney who files your disability application make money?

February 8th, 2010
attorney
Myron asked:


A friend of mine is considering applying for disability benefits. We met with an attorney who said that the fee would be 25% of the past-due benefits. Could someone explain what this means? He also said that he doesn’t make money on every case–how could this be? We just need to know if we’re going to end up with a huge legal bill.

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February 8th, 2010
attorney
Charlotte Attorney asked:


Hiring a personal injury attorney in Charlotte NC might seem like a difficult endeavor to take on. To begin with, you’re injured, you feel as though you’re being taken advantage of by insurance companies, and you’re over your head in medical bills. How do you go about finding someone to entrust your case to? You’ll need someone who can recognize that you do, indeed, have a case, one that warrants their time, the court’s time, and one that can be won within a reasonable amount of time.

Because of these circumstances, you need an attorney more than ever. But to start from the beginning, what kind of injury do you need to have to hire an attorney? What is a personal injury lawsuit? If you’ve been injured through no fault of your own, you are entitled to certain benefits. First of all, you shouldn’t have to pay for someone else’s negligence! Property owners are expected to maintain their properties in a manner that is safe for patrons to move about without danger. If a puddle of water is on the floor due to a ceiling’s drip, warnings should be placed around the puddle and the ceiling should be fixed. Someone who slips and falls, then injures their back is not at fault. I had a friend who lives in Charlotte, NC that went to a convenience store with a big walk-in cooler where they stored the beer and wine. There was a leaking pipe in the ceiling of the cooler and the temperature of the cooler was actually set too low. While the clerk had mopped up the water puddle, he failed to do a very good job and he did not put any warning signs up that the area might be slippery. The small amount of water on the floor iced over in the cooler and my friend walked in, her feet slipped out beneath her, she fell on her coccyx bone so hard she fractured it. and she cracked her head on the floor. She was out of work for more  than six months, and the severe head injury left her with cognitive issues.

Hiring a Charlotte personal injury attorney proved to the convenience store’s insurance company and their attorney’s that she meant business. That single act of hiring an attorney lends credibility to the fact that the plaintiff intends to sue the defendant. Plus, if the case doesn’t go to court and only goes through mediation, the attorney is much more skilled at bargaining, than the client. Without an attorney, an injured person may not know when or how to settle out of court. They could be bullied in mediation, especially if they are simply tired of the whole process, and merely want it over with.

Personal injury most typically involves an automobile accident. The Carolinas are filled with careless drivers who either are in a hurry, not paying attention, or worse, driving drunk; can also create a situation where they cause personal injury to another person. In these cases, the person who inflicted the injury (the defendant),  will usually have an insurance company that is doing the litigation on their behalf. Shouldn’t the plaintiff (injured person) have the same? 

So then, who should you hire? How do you find an attorney? Today, going online is the easiest way to investigate an attorney at your leisure. You’re able to read about the attorney in their own words on their website and then, you can also investigate them based on what the Better Business Bureau might have to say about them. You can also go to your state’s bar association and see if any complaints have lodged against a particular attorney. What you’re looking for is an expert in personal injury. You don’t want to waste your time talking to a divorce lawyer about your case, only to have them refer you to someone else. You need a person of substantive expertise in a particular area of the law.

Attorneys who are really good in their field are able to weave persuasive legal arguments that influence judges and juries to find in favor of their clients. Charlotte NC Attorneys who practice in one specific area of the law are much like doctors who specialize in one specific part of the body. They become such experts, that they are able to find what is most relevant in each case and rule out that which does not matter. We can all agree from watching TV and movies that the characters who play lawyers and have the best oratory skills, are those that the judges and juries look upon most favorably.

Finally, hiring an attorney when you have been injured through someone else’s negligence ensures that you aren’t alone in the whole process! As you’re going through medical treatments, paying for bills, and losing time from work; you’ll have an attorney on your side documenting everything that is happening to you. Someone who understands the way the judicial system works is by your side, and they’ll fight for you to make sure that whatever you deserve is awarded to you.

Now, when you contact a Charlotte North Carolina law office, before you hire an attorney, ask questions! You’re interviewing them to give them a job to do, so you’ll want to ask about their firm. How big is it? Is it so small that you’re going to be handed over to a paralegal and never be able to speak with the attorney directly? Or, is it big enough that an attorney be available to you? Will you be able to get regular updates from your attorney, so that you know what the status of your case is? Even though things can get pretty drawn out during a case, you don’t want to feel forgotten. Make sure if you hire an attorney, you’ll be getting some of his time. After all, he’ll be taking a chunk of your money when it is awarded.

Lastly, when the time comes to either go to trial or mediation, trust your attorneys. That’s why you hired them. They are the expert, not you. If they feel the case is winnable in court, take it to court, if not, trust them and settle in mediation. Your attorney will have your best interest in mind at all times. After all, it’s in their best interest to take the  best possible care of you, and get you the largest settlement possible!



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Power Of Attorney - General Power Of Attorney: The Basics

February 7th, 2010
attorney
Rex Bush, Doctor Of Jurisprudence, Attorney At Law asked:


A power of attorney is a legal document. You use it to give someone the power to act for you. You are the principal. He is your agent. The person acting for you is also known as your “attorney-in-fact.”

Two types of powers of attorney are the general power of attorney and the special power of attorney.

A special power of attorney is used to give another person authority to do one single thing.

A general power of attorney is not limited to a specific purpose. If you want someone to be able to act on your behalf while you are out of the country then the general one is what you need.

Now let’s say you are going to Afghanistan, on active duty. You want to give your wife power to do just about anything while you are gone.

Here’s a how a general power of attorney for that purpose might look:

General Power of Attorney

I, Andy Rasmussen, do hereby grant my wife, Jesica Rasmussen, a general power of attorney to perform any action on my behalf and to sign my name to any documents needed to accomplish said actions until I return home.

Signature & Date

A notary seal is not required but if you are leaving the country for military service you might want to dress it up a bit and include a notary section. Then sign the power in front of a notary just so your wife doesn’t have any trouble with it while you are gone.

Now let’s say you are caring for your invalid mother. She’s not mentally incompetent…yet. But, she does want you to take care of her affairs and pay her bills. A general power of attorney is what is called for. Here’s how it might look.

General Power of Attorney

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other.

Signature & Date

Once again, given the circumstances it would be best to have a notary section on this one and to get it properly notarized.

Durable Power of Attorney

Let’s say Louisa in the above example is worried about her mother becoming mentally incapacitated. In that case Louisa might have to go to court to get the right to manage her mother’s affairs.

What’s called for is a “durable power of attorney.” It’s still a general power of attorney but in this case we’ll make it durable so it continues even if her mother becomes mentally disabled. Here’s how it might look:

I, Sally Smith, do hereby grant my daughter Louisa Lewis, a general power of attorney to handle any and all of my affairs, to include personal, business and other. This power of attorney shall continue and survive even if I become disabled whether mentally disabled or physically disabled.

Signature & Date

For sure you would want to have this one notarized and it would be best that you had it drafted by or at least approved by an attorney who works primarily in the area of estate planning.

It is common to see some very comprehensive (10-20 page) General Durable Powers of Attorney. The reasoning behind these very thorough documents is that some financial institutions are very reluctant to rely upon broad, sweeping statements that a principal has granted ALL authority to their agent to do WHATEVER they would be able to do.

Some institutions or people who are dealing with an agent want to see very specific language that pertains to the actual transaction that they are carrying out on behalf of the principal. This just raises the comfort level of some people when dealing with an agent.

Also, in some states there is no penalty for not honoring a power of attorney. If someone chooses not to deal with an agent because they have their doubts about the power of attorney there’s no penalty for refusing to honor the power of attorney. At that point, one would have to establish a guardianship/conservatorship (which, of course, is not a very desirable outcome).

Conclusion

A general power of attorney can be a very simple document. However, since they can be used so broadly, it is best that they be given more care and attention than a simple special power of attorney. When dealing with the aged or infirm you should consider a durable power of attorney. Have an attorney draft it or at least review it.

Acknowledgment

The information on durable powers of attorney was written with the assistance of attorney J. RobRoy Platt of Lehi, Utah. Mr. Platt’s law practice focuses on estate planning issues.

Disclaimer

This article is intended to inform about powers of attorney. Please seek legal advice in your state of residence if your power of attorney involves any matter of consequence.



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How can I find an attorney specializing in internet defamation and libel to write a cease and desist letter?

February 7th, 2010
attorney
Questionasker asked:


How can I find an attorney specializing in internet defamation and libel to write a cease and desist letter?
How can I find an attorney specializing in internet defamation and libel to write a cease and desist letter to a company located in Massachusetts. The material posted on line about me and my company is libel per se.

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What are the benefits to getting a DUI attorney if your BAC is beyond a level where the courts will reduce?

February 6th, 2010
attorney
nimzaj1969 asked:


I have a friend that is contemplating whether to get an attorney or not for a recent DUI arrest. He lives in Las Vegas and it’s his first but his concern is wasting money on an attorney if there is little chance of getting it reduced.

Also a point that might be worth mentioning, when he was pulled over, he requested a seargant come to the scene and was denied the request. Is there any merit to this and does he have any recourse if he does pursue with an attorney?

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How much does it cost to consult an attorney?

February 3rd, 2010
attorney
seriously2sweet4u asked:


If you’ve read my other questions, I’m sure you know what this is about. But, I’m wondering how much it costs to call an attorney just to get possibly some advice and find out more information about current laws in North Carolina.

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Whats the difference between an Attorney and a Lawyer?

February 1st, 2010
attorney
DJHFDSADFLHADF asked:


What is the difference between an Attorney and a Lawyer?

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January 30th, 2010
attorney
Jean Mahserjian asked:


Selecting a divorce attorney is a critical decision making process. The person who you hire will be responsible for obtaining or maintaining your custody rights to your children, your property interests, and depending upon the side you are one, either minimizing or maximizing your support rights. In reality, selecting a divorce attorney is also an incredibly stressful experience. Do it right and you can breath easy. Do it wrong and you will spend years making up for losses that might have been prevented.

There are a few tried and true tactics that you should be using when you select a divorce attorney. Before you even begin, you need to identify the type of case that you will be involved in. Will you be mediating your divorce? Will you be negotiating? Or, will your case be one of those cases that goes to court and becomes a knock down, drag out divorce litigation? There are divorce attorneys who specialize in these different types of cases and you need to hire the type of divorce attorney who is best suited to the type of case that you have. If you need to deal with a knock down, drag out litigation, you do not want a mediation attorney trying to protect your interests. Likewise, if you are going through mediation, the last thing you want is a divorce attorney who will try to create issues and move you towards litigation.

So, step one in the process of selecting a divorce attorney is to identify the type of case that you have. Next, start asking people for help. Since the divorce rate in the United States is at about 50%, chances are you know at least several people who have been through a divorce. Ask about their process, how they selected a divorce attorney, and how their attorney performed for them.

AFter you have received the names of several divorce attorneys that you received from asking other people, go online and start researching those attorneys and others. Many divorce attorneys have websites, write articles, and advertise on divorce portal websites. You can get quite a bit of information about how an attorney approaches cases and treats clients by reviewing their website.

After you have reviewed the divorce attorney websites, make a list of at least two and as many as five divorce attorneys who you think you will be comfortable speaking with. Call the offices of those divorce attorneys and schedule consultations. Some of those attorneys will charge you for a consultation; the more experience the attorney has, the more likely that you will have to pay for time with that attorney.

When you attend a consultation with a divorce attorney, be prepared. Make an outline of the history of your marriage and the problems facing you now. If you or your spouse has filed any papers in court, make sure you bring them with you. Bring one or two years tax returns or a recent financial statement so that the divorce attorney can review some of your financial data before being asked questions about “results”.

Make sure you ask each divorce attorney questions about how that attorney’s office operates in response to client phone calls, emails, or other inquiries or needs. If you will be working with a divorce attorney who has no other attorney in their office, be prepared to wait in line when you have a need for a response. That attorney will have other clients who have needs just as significant as yours, and an attorney can be responsive to only one client at a time. Even with that drawback, there may be a divorce attorney who you feel is just right for you who is also a solo practitioner. That is a trade off that you may have to get comfortable with.

After you have completed all of the consultations and reviewed the answers to all of your questions, decide which divorce attorney you felt most comfortable with and which one you believe will work with you to get the type of results that you want.

For more help and information on this topic, visit our site at: http://www.millenniumdivorce.co



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January 30th, 2010
attorney
Teve Torbes asked:


/>When selecting an attorney, there are a number of important factors to consider. This article focuses on one: is the attorney you have contacted a “referral attorney”? Referral attorneys are attorneys who advertise to attract clients, but do not represent clients themselves. Instead, they forward the client on to another attorney. A typical referral attorney takes a fee as a percentage of the total recovery.



Is my attorney a referral attorney?



This is a simple question to answer - just ask them. A referral attorney will always, at some point, have to disclose that they will not be the primary attorney on your case. They will eventually be forwarding you on to another lawyer. Generally, if your attorney is advertising on television or has run ads seeking victims of injuries caused by a specific product (Vioxx cases, asbestos or mesothelioma cases, diet drug cases, or other class action lawsuits), then they are probably a referral attorney.



Will it cost me more money if I have contacted a referral attorney?



Generally, no. The typical agreement between a referral attorney and the actual lawyer working on the case grants the referral attorney a percentage of the actual lawyer’s fee. Instead of coming from the client, the money comes from the lawyer who eventually is the attorney on the case. However, you should make sure that this is what your actual agreement is. A typical contingent fee case costs the client one third of the recovery. If you have contacted a referral attorney, ask what the ultimate percentage will be.



Why even bother with a referral attorney if I’m going to someone else anyway?



If you know an attorney who is an expert in the field or who is handling that kind of case, there is generally no reason to. However, many people have absolutely no knowledge of the legal industry. They simply can’t find an appropriate attorney on their own. A referral attorney usually only makes money if you win, so he will have an incentive to forward your case to a competent lawyer. Just make sure that you aren’t being charged more for a referral - it’s not worth paying extra to get it, especially because many other lawyers would be eager to point you to competent counsel for a cut themselves.



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January 30th, 2010
attorney
California Personal Injury Attorney asked:


Personal injury attorneys provide valuable legal assistance to those injured in an accident through no fault of their own. Attorneys have the skills to help victims of personal injury obtain justice through compensation, in the form of monetary damages for medical bills, lost wages, and pain and suffering. In certain instances, personal injury victims may even be entitled to punitive damages.

Financial Effects of Injuries

Injuries can cause much more than physical pain. Financially, injuries can be devastating. Victims of personal injury may not be able to return to work, and may be crippled by ever-mounting medical bills. Attorneys are able to obtain settlements and verdicts from the parties responsible for serious injury. In the case of fatal accidents, wrongful death claims can secure damages from the responsible party. Compensation can never take away an injury or a loved one’s unexpected passing, however, it can ensure a future free of financial worry.

Types of Accidents

Personal injury lawyers represent victims injured in all types of accidents, including car accidents, truck accidents, motorcycle and bicycle accidents, pedestrian accidents, slip and fall accidents, construction accidents, boating accidents, aviation disasters, and accidents caused by defective products. Wrongful death attorneys provide representation to surviving family members of those killed in fatal accidents.

Serious Injuries

Types of injuries resulting from a serious accident can be mild to severe or even catastrophic, and may include broken bones, abrasions, burn injuries, spinal cord injuries, traumatic brain injuries and other types of trauma. Some injuries are so serious that victims require lifelong medical care. An experienced attorney can help you obtain the highest possible compensation for your injuries, and ensure all of your medical needs in the future are taken care of.

Discussing Your Case With a Personal Injury Attorney

Talking to an accident attorney can help you better understand your legal rights, and ensure you do not miss out on an opportunity to recover the compensation you need for your injury.  Don’t trust your case to just any lawyer – find a law firm with experience handling your type of case. All cases are different, and compensation can vary widely depending on the type and severity of the injury, and other factors. If you have been injured, discussing your case with an experienced and qualified attorney with a proven record of success is an important first step to obtaining justice.



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