Archive for October, 2006

A Philadelphia Personal Injury Lawyer Talks About Eye Injury Claims and Traumatic Brain Injury

Tuesday, October 31st, 2006

In 2005 Kelly was partially blinded in one eye when she was hit by a car. Her body was slammed to the street face first. Sonia was trying to cross a busy urban street while her light was red. Nevertheless, Kelly obtained a settlement in excess of $300,000.00. With the settlement, Kelly was able to pay her medical bills, get expert assistance with her activities of daily living and put money in the bank.

CAN YOU HANDLE YOUR CASE WITHOUT A LAWYER?

I was recently contacted by Betty, an insurance claims adjuster, about a car crash she was involved in. She decided to try to represent herself. Her familiarity with insurance claims made this appealing. I told her that I would be happy to answer her questions, but that I preferred that she actually retain my services. Betty was reluctant since she was worried that my percentage of the settlement would leave her with less money than if she handled the case herself.

About two months later Betty contacted me again crying and frantic. The combined stress of her injury and dealing one on one with the insurance company left her psychologically scarred and physically drained. She began to relax and heal immediately upon retaining my services. By letting go of the control of her case she was also able to let go of pressures that were blocking her healing process. Betty was content during the entire course of her case about her decision to retain my services. Even when I deducted my share from the settlement money, she expressed only thanks.

YOU NEED A LAWYER YOU CAN TRUST.

What Betty and many others have a hard time appreciating is that even the attorney takes her fee, your share of the settlement generally is much higher than if you represented yourself. If your lawyer settles your case for $250,000 and takes a third, you’ll still be much better off than if you settled your own case for $100,000. Relieved of the stress of representing yourself, you will be able to relax and focus on healing your body and your mind from your traumatic injuries.

Frank e-mailed me a while back and asked me to take his eye injury case. Frank was new to the Philadelphia area and didn’t know where to find the right lawyer. He was confused and frightened. He considered ads in the Yellow Pages, but this just left him more troubled. Finally, he found the Eye and Brain Injury Legal Information Center. He e-mailed some questions about his case. He also expressed his concern that he didn’t any lawyers and asked why he should trust any particular with his important legal rights.

For more information about Evan Aidman, a legalaidman.com Philadelphia, PA Traumatic Brain Injury Lawyer and his work with clients with serious injuries click here: legalaidman.com Philadelphia, PA Eye Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor’s Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

Click Here for Attorney Aidman’s website: legalaidman.com Philadelphia Personal Injury Lawyers

What Accident Lawyers In Staten Island Can Do For You

Tuesday, October 31st, 2006

Once you find the right staten island accident lawyers for your case, you can relax and focus instead on your daily routine.

There are various techniques and strategies that can help you hire a Staten Island accident lawyers. Start by understanding the type of case you have, and the type of services offered by various lawyers.

Choose the staten island accident lawyers who puts much of his or her practice into the areas that represent the case you have. Study and examine each lawyers you are considering using this same process. Subsequent reviewing and research will help you narrow down the choices so you can find the lawyers who are really right for you. When choosing a lawyers to fight your accident case, keep in mind that it is absolutely essential for you to choose an extremely competent person for the job. You only get one chance to fight your compensation case. Imagine losing the case, not because you are in the wrong, but because the lawyers you chose did not have the necessary expertise to fight your case. The lawyers or the firm might have a proven track record in real estate or bankruptcy cases, but that experience probably will not win your accident compensation case. It is extremely important to check the credentials and reputation of the Staten Island accident lawyers you choose.

Another thing to keep in mind is the lawyers must be ready to take your case to the court. You also must be sure that the Staten Island accident lawyers you choose actually fights your case for you. In many case, you meet the lawyers to discuss your case, but when the real work begins, the assistants or the paralegals take over. Car accidents are usually considered to be personal injury cases in court. An experienced accident lawyers can look into the details of the lawsuit to ensure proper justice is ried out.

Staten Island accident lawyers are specialized in this field and are experts in dealing with such cases. Accident lawyers can help deal with the details of the accident such as witnesses, details of the guilty party, filing a police report, and other information that might be useful while filing a lawsuit.

Most owners are covered by insurance these days. the Staten Island accident lawyers can be invaluable in such cases where the negotiations would be required to ensure that the injured party gets all the necessary reimbursement for the trauma faced. Accident lawyers will keep in mind all the injured party’s legal rights and go through various options before arriving at the best solution. Staten Island accident lawyers can assist the injured party to get compensation for medical bills, rehabilitation expenses, disability claims, minor fractures and sufferings, as well as the loss of income due to the accident. Many other small details would also be taken e of over by a accident lawyers.

Since these lawyers are specialized in this field, their expertise could be of immense help when involved in a accident.

Michael West has been dealing with accident-lawyers-staten-island.info” target=”_blank accident lawyers in staten island for many years.

Immunity for Defamatory Information on the Internet Granted in California

Tuesday, October 31st, 2006

In the case of the Stephen J. Barrett v. Ilena Rosenthal, the California Supreme has recently provided immunity to any user and internet provider that publishes any information provided by another information content provider, even if the content contains defamatory untruthful statements. The court advised that is what congress enacted and the court cannot change the law. It is up to congress to change it, in the meantime a person is still entitled to sue the original publisher of defamatory statements. In this case plaintiffs, Dr. Stephen J. Barrett and Dr. Timothy Polevoy, operated Web sites devoted to exposing health frauds. Defendant Ilena Rosenthal directed the Humantics Foundation for Women and operated an Internet discussion group. Plaintiffs alleged that Rosenthal and others committed libel by maliciously distributing defamatory statements in e-mails and Internet postings, impugning plaintiffs′ character and competence and disparaging their efforts to combat fraud. They alleged that Rosenthal republished various messages even after Dr. Barrett warned her they contained false and defamatory information.

The Court stated that:
In the Communications Decency Act of 1996, Congress declared: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” (47 U.S.C. § 230(c)(1).) “No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” (§ 230(e)(3).)
These provisions have been widely and consistently interpreted to confer broad immunity against defamation liability for those who use the Internet to publish information that originated from another source.

We conclude that section 230 prohibits “distributor″ liability for Internet publications. We further hold that section 230(c)(1) immunizes individual “users” of interactive computer services, and that no practical or principled distinction can be drawn between active and passive use.

arnoldhernandez.com www.arnoldhernandez.com

California Supreme Court Case S122953

What Is A Class Action Lawsuit?

Tuesday, October 31st, 2006

Have you received a notification of a class action lawsuit? Do you know what to do at this point? What does it a class action lawsuit mean? How does a class action lawsuit happen anyway? First of all, there are several different types of class action lawsuits. Many of them are centered on large companies, but any establishment can be the cause of a class action lawsuit. What you need to know is how to either get your case seen as a class action lawsuit or to find out what your part in a class action lawsuit is.

Class action lawsuits start by one individual that sees something is wrong. Perhaps an example could be that they were overcharged for something on a bill. Although they contact the company, nothing is resolved. Then, the person is telling his friends and family about this unfair practice and learns that they too were being overcharged. The next step is then to find a class action lawyer to help establish your claim. When several people are affected like this, a class action lawsuit may be in order. If a judge decides that yes, that person was overcharged as was the other individuals, they will often require that the monies be paid back and the class action lawsuit is legitimate. But, the monies will end up being divided between the members of the class action lawsuit.

In a class action lawsuit, there are many arguments and motions. In a class action lawsuit, there are many individuals who have to give their statements. There is quite a bit of work and organizing in class action lawsuits. For those who do not understand the proceedings, a class action lawsuit is often a headache. But, if you take the time to look through the internet for additional information on class action lawsuits there are websites like www.thesmartattorneys.com that can help you find those answers.

If you have received notice of possibly being a victim in a class action lawsuit, you will find that there is little for you to do besides decide if you would like to part take in the class action lawsuit or not. You may have to give your testimonial, you may not. The class action lawsuit may take several years to go through. The end result of the class action lawsuit may be in favor with the company and therefore you would get nothing. But, if you feel you have been victimized and think you have a class action lawsuit in your hands, you will want to find qualified class action lawsuit attorneys to help you. On websites such as www.thesmartattorneys.com, you will find resources to help you find the right class action lawsuit attorneys.

S.A. Baker is staff writer at thesmartattorneys.com thesmartattorneys.com

Bankruptcy Lawyers In California

Monday, October 30th, 2006

Bankruptcy lawyers in California can be found by searching the Internet. The client should ensure that he or she looks through all available options because choosing the wrong lawyer could mean the loss of one’s home, business or other properties.

In California, there is a board of bankruptcy lawyers that deals with consumer bankruptcy. They came from various law firms and offer services related to recovery from consumer-related debts. This board offers free legal consultation online. By answering confidential questions, the lawyers can offer would-be clients on the possible steps to take to protect their remaining assets.

Bankruptcy lawyers in California are very well aware of the two statutes that bankruptcy filers can choose from. These two statutes have corresponding exemptions that are detailed in the sections 703 and 704 of the California Code of Civil Procedure. Bankruptcy lawyers should help their clients understand ways on how exemptions detailed in these sections can be utilized.

Under section 703 and 704, the bankruptcy lawyer can choose from eight different types of exemptions. They are responsible for determining all applicable exemptions that fall under the following categories: homestead, equity in automobile, personal property, tools of the trade, insurance, pensions, public benefits and alimony and child support. Some examples of exemptions under the insurance section are disability benefits, life insurance proceeds and unmatured life insurances. Meanwhile, exempted personal properties include household items such as animal, furniture and jewelry.

Each category has different qualifications and it is the responsibility of the bankruptcy lawyers to help their clients maximize these exemptions. However, bankruptcy lawyers are prohibited from using federal exemptions in California. Likewise, they are not allowed to choose the most favorable exemptions under each section.

By choosing the right California bankruptcy lawyer, clients can properly protect properties that qualify under the abovementioned exemptions. As such, clients should be careful in choosing their bankruptcy lawyers. A wrong choice can lead to unnecessary loss of assets.

e-BankruptcyLawyers.com Bankruptcy Lawyers provides detailed information on Bankruptcy Lawyers, Bankruptcy Lawyers In California, New York Bankruptcy Lawyers, Florida Bankruptcy Lawyers and more. Bankruptcy Lawyers is affiliated with e-bankruptcylaws.com Chapter 7 Bankruptcy Laws. ===>

Why You Need To Report Identity Theft Immediately

Monday, October 30th, 2006

The crime of identity theft is steadily rising, and the reason for this is that most people do not realize exactly how easy the crime is to commit by those who are intent on doing so. Carelessly throwing those credit card offers you get in the mail all the time without ripping them up beyond recognition or shredding them as almost as good as wearing a sign around your neck that says “I want to be a victim of identity theft”.

Briefly, identity theft is when someone opens credit card accounts, department store accounts, or even bank loans in your name, using your information and your social security number. This obviously happens without your knowledge. While there are certain safeguards in place, banks and department stores are more than anxious to get your business, and are often a bit too quick on the trigger to approve a new application without thorough investigation. The first you have heard about it is when you get a phone call from the bank or department store asking why your account is past due, and you do not even have an account with them.

Another way this happens, and senior citizens are often the target of this approach, is when someone gets an email from what appears to be their bank, complete with their bank logo and what appears to be the bank’s return email address. Yes, this type of email is very official-looking, and in some cases is even better than what the bank would send out themselves. The email asks the recipient to go to this site or click this link because there was a problem with the account and they need to verify your identity so that their system can “correct an error”. This is known as “phishing” and an incredible number of people fall for this scam very year. Your bank will NEVER ask you to verify personal information online, so NEVER respond to such an email, or if you are concerned that it may be real, CALL your bank first to ask if the email is real.

If you find that you have become of victim of identity theft, you need to report it immediately. Doing so will help the situation, and will avoid more damage being done, particularly financial damage to you that you may be responsible for, or have a very difficult time getting away from.

How would you know if you are a victim of identity theft? You should get regular copies of your credit reports and go over them with a fine tooth comb. This brings up another issue – there are more than likely ERRORS in your credit report, since this is very common for the majority of consumers, and those errors can easily cause your credit score to be lower than it should be. You may want to visit

Workers Compensation Laws

Monday, October 30th, 2006

These law vary from state to state, some workers who have been injured on their job where there are four or more employees may receive medical care and financial compensation without having to prove the employer was at fault in the accident. In fact, if the worker compensation law apply under the circumstances, then these laws are the workers only remedy, and the employee cannot sue an employer for injuries received on the job laws vary from state to state.

Worker Comp Law is a system of laws that protect an employer from liability from employees when they sustain workers comp injuries while at work or sustain work related diseases. Pain and suffering are not included in calculating an employees right to limited workers comp. The workers compensation tables vary from employee to employee, and, state by state.

They usually include a need for review by a workers compensation board and are calculated by an analysis of the injury, whether it be specific or general, or, temporary or permanent. But this is an area where the simplicity of its function and purpose can be its complexity.

You have the responsibility to tell the doctor how you were injured and if you believe the injury may be work related, and whether it may be worker compensation related injury before receiving medical treatment the insurance company has the right to terminate benefits on your claim till the workers compensation board reviews you claim and makes a temporary decision based on the facts. Compensation Lawyers are knowledgeable of this law and its complexity.

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Identity Theft Worries

Monday, October 30th, 2006

How can you really help ensure that you know what is on your credit report? How do you know what your credit score is? How can you really make sure that someone is not using your information without your knowledge or even consent? Sometimes it is very difficult and identity theft is never an easy situation to deal with. The financial damage can become astronomical quite quickly.

Consider that one credit card that has a $5,000 credit limit can be maxed out in only a matter of a day and with a false address used for billing purposes it could be years before you realize the account was even opened! This means it can be reporting negatively on your credit for a very long time before you are ever aware of the problem. How can you help ensure this does not happen to you?

There are numerous great programs around that help you monitor your credit for such activity, but how can you use them to help you watch your credit? There are programs such as myFico that will allow you to track and monitor your credit report as well as FICO score for changes that can signal unauthorized activity on your credit report.

Many of these programs charge a monthly fee, however the fees associated with these programs is well worth the monthly investment. With a good program helping you monitor your credit report you can catch signs of identity theft within days or weeks of it occurring rather than several years later.

With the great programs available, it is possible to use your myFico program and really monitor your credit for identity theft and sleep easier at night knowing that you are not the victim of fraud. You are capable of monitoring your credit when it is convenient for you without the hassles of having to constantly pay someone else to pull your report for you. As you can imagine having great programs available that help you ensure that you are not the victim of identity theft is a huge help for anyone who is looking to improve their credit, or even help ensure that their credit really is their credit.

Do not delay and wait to become a victim before you take the opportunity to help protect yourself. If you have not been a victim yet then this is the time to really start watching to make sure you adequately protect yourself before a problem occurs and you are left dealing with the aftermath.

Chris Wight has been working for years to maintain his excellent credit score. You can learn more about your credit rating and how to protect it at his site: myficosource.com myficosource.com

Seven Simple Identity Theft Protection Tips

Sunday, October 29th, 2006

Identity theft is quickly becoming a worldwide epidemic. The latest statistics reveal that the largest majority of victims are aware of the crime within 30 days over 25% don’t discover it for six to twenty four months. It is up to all of us to become aware and use identity protection tips to prevent the spread of this crime.

Some of these tips seem to be common sense, and might be things that you are already doing. Others might be tips that you have heard already, and thought about following, but have not started yet. Today is a good day to start protecting yourself from identity theft. Here are seven identity theft protection tips to get you started.

Protect your social security number. Never give it out on the internet, and don’t have it printed on your checks. If your health care plan uses your social security number as your membership number, ask them to replace it with a different number.Delete all phishing emails. These emails appear to be from legitimate businesses, such as banks, credit card companies, or EBay. They ask you to reply with your credit card information, or your social security number to correct the information in your account. If you think it might be legitimate, telephone the institution, and verify it. Don’t reply to the email, or click any links in it.Shred, or tear up any pre-authorized credit card offers that you receive in the mail, and don’t want to accept. Also, tear up or shred any papers with your personal information that you are going to throw out. Protect your personal information on your home computer. Use passwords with at least eight characters, and a combination of letters, numbers and symbols. Make sure your firewall is enabled, and your virus and spy ware protection software is up to date.When you are shopping online, take a minute to read the privacy policy on the web site before entering your credit card information. If there is no privacy policy posted, shop elsewhere. Only enter your payment information on secure sites that have a web address that begins with https, and has a padlock symbol in the bottom corner of the browser screen.Check your bank statements and credit card bills as soon as they arrive. If you don’t receive your statements, contact the financial institution immediately. Identity thieves will change the address where the statement is delivered to avoid being caught.Check your credit reports and monitor your credit history. You can get one free credit report each year from each of the three national credit bureaus. You can order a report from a different bureau every four months to monitor your credit.

Use these identity theft protection tips to prevent being the next victim of this crime. Share them with your family and friends to help them stay safe and avoid the turmoil of becoming the next victim of identity theft.

Get Superior 8-in-1 identity theft protection. Stop viruses automatically, block spyware and stop hackers with the security program that offers live support from computer security experts. Find out more at aboutidentitytheftprotection.com/ aboutidentitytheftprotection.com/

Pump Up Your Practice

Sunday, October 29th, 2006

It was once said, that “Quality is never an accident: it is the result of higher intention, sincere effort, intelligent direction and skillful execution it represents the wise choice of many alternatives”.

PUMP UP YOUR PRACTICE
While studying hundreds of law practices, large and small, in the big cities and small towns regardless of the type of law the attorneys practiced, it was apparent that the most productive practices had three things in common. Every system in these firms met three criteria. The firms had to be Simple, Fast and Efficient. In order to better understand these principles so that you may apply them to your practice lets look at them individually.

1. Simplicity

The most successful practices that we evaluated had readily reproducible systems that most if not all of the members of the organization understood. There were several reasons why these reproducible systems made the practice more productive. First the easier the system was to understand the more apt the employees were to embrace the system. Secondly the simple system allows employees the ability to learn more rapidly and lastly it enabled the office to have cross-functional teams that could handle many of the operational issues in the office even in the absence of key individuals.

2. Speed

Time is of the essence not only when working on cases or handling contracts, but when responding to requests of clients and employees alike. In the information age, the most successful offices have rapid response teams in place to meet the ever-changing demands of their clients and business. The speed at which these firms respond to these needs separates them from their competition, which affects the bottom line.

3. Efficiency

The firms that are forging ahead in the legal profession are the ones that have been able to maximize their time to get the highest performance and best use of their employees and organization. These firms recognize that every second counts in business and their systems of prioritization optimizes their success.

In order to make your practice more productive you need to ask yourself the following questions:

1. Are my current systems too complex to reproduce and does anybody understand the purpose of them except for me?

2. What can I do to set up a quick response in order to meet my clients and firms needs?

3. Am I maximizing my time for the best use of my strengths so that my business will grow?

Once you have answered these questions you will be able to determine the systems that need to be improved in order to maximize the productivity of your practice.

Dr. Rick Goodman works with Attorneys around the country that want to raise their level of expertise and improve their practices.For more information on live seminars and audio programs that are approved for Continuing Legal Education contact Advantage Legal Seminars at 888-267-6097 or go to advantagelegalseminars.com advantagelegalseminars.com