Posts Tagged attorneys

Ataxic Cerebral Palsy Lawyer

Aug 31st, 2010 Posted in law | no comment »

Ataxic cerebral palsy accounts for five to ten percent of all cases of cerebral palsy. In this form of cerebral palsy, there is damage to a part of the brain called the cerebellum that helps maintain balance and coordination. When the cerebellum is damaged, it can result in poor muscle tone or hypotonia, difficulty maintaining balance and a normal gait, tremors, disorders of depth perception and an inability to control the range and motion of voluntary movements. As a result, children with ataxic cerebral palsy often demonstrate a wide-based, unsteady gait.

They may also have intention tremors that are tremors that occur while attempting voluntary movements. Voluntary movements are typically clumsy and difficult to perform; finer movements, such as writing, are most severely affected. Coarser movements such as reaching for objects may also be difficult due to altered depth perception. Rapid, involuntary side-to-side movements of the eyeballs, or nystagmus, may also be present. Children with ataxic cerebral palsy may also suffer from several other conditions, such as seizures, mental retardation, and visual and hearing defects.

Poor muscle tone, abnormal posture or movements and a delay in achieving the normal developmental milestones of infancy may raise the suspicion of ataxic cerebral palsy. A physician makes a diagnosis of cerebral palsy by combining a careful physical examination of the patient with findings from imaging methods, such as CT scans and MRIs. These findings are collectively used to determine whether the brain is developing normally or not.

Unfortunately, there is no cure for ataxic cerebral palsy. The disease can however be treated. There are people who think that ataxic cerebral palsy was caused because of a doctor’s error. In this case, it is definitely advisable to seek the counsel of an expert cerebral palsy lawyer. The lawyer must perform an investigation to gather all the information surrounding the ataxic cerebral palsy incident to first see if a strong case exists.

Ataxic cerebral palsy tends to become progressively worse as the patient ages. An experimental treatment called chronic cerebella stimulation places electrodes on the surface of the cerebellum. It is thought that stimulation of cerebella nerves through these electrodes may improve balance and muscle tone. However, results have been mixed so far. Again, if you are confused or have questions about causes and treatments of this disease, seek legal advice.

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Choosing A Disability Attorney

Oct 11th, 2009 Posted in insurance | no comment »

You already know that you will have a better chance of receiving compensation for disability claim if you have a lawyer working on your case. This much is not new. Because disability attorneys have a much higher success rate, as a claimant you would be better off with this plan of attack. However, even if you already know you need an attorney, you might wonder what they actually do, or how to choose the best disability attorney to fit your needs.

One problem that you may find yourself facing is unscrupulous lawyers. Many lawyers find your situation vulnerable, and they are willing to prey on you during your hard times. Many disability attorneys are just looking for money, many law firms as well, so you need to keep your eyes open if you actually want to receive your disability claim. Luckily, as there are bad lawyers, many more are actually legitimate.

However, to understand what to look for in an attorney, you first need to grasp what an attorney really does for you. A disability attorney will help you customize your claim so that you can present a winning case that is in full accordance with all the regulations and rules that the Social Security Administration puts forth. Sometimes this is easier said than done.

The process for creating a claim will start with your lawyer gathering evidence to support you, and assembling experts who will support your claim with a testimony. Disability attorneys also talk to your physician, explaining the process and describing what the administrators are looking for. After talking to your doctor, your disability attorney will create a report that is in accordance with your special case and with the Social Security Administration.

Sometimes, after all of this work, your claim might still be denied a second time. If this happens, then disability attorneys will take the next step, which is representation. Either this will be a hearing with a judge, or an ALI hearing, which is different because it is not as formal. For a hearing with a judge, few people will be present, including the judge, their assistant, experts from your disability attorney, yourself and your attorney.

The disability attorney will ask you questions during the hearing, and he or she will likely go over that beforehand to prepare you so you will know what to expect.

Throughout this process, you want a disability attorney who will work with you along the way and keep you informed. A good attorney keeps you up to date with briefings and updates so that you know where your claim stands. Good attorneys can also do all the calculations for disability benefits so that you know whether you have received everything for which you are eligible.

If you need help filing your disability benefits, then you need to look through the various disability attorneys that are out there, and find the one who is willing to work with you for the right reasons.

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If You’ve Been Injured In An Accident, Can YOu Settle Your Own Case?

Aug 27th, 2009 Posted in insurance | no comment »

The answer is yes most of the time but it depends on the type of case you have. If your case is a small dollar value case, then you can probably get by on your own without having to use a lawyer. However, knowing whether you have a small or big dollar case may be an issue you want to discuss with a lawyer.

Describing a case as small is not meant to diminish it since all cases are important to the people involved. However, our legal system is limited in what it can do for you. Since it can’t restore your health, all it can do is require the party at fault to pay you some money in return for your damages. So small means what you should be able to realistically expect to receive for your injuires.

Some items often used to determine if your case might be considered a small case include the following: (1) if your vehicle was only lightly damaged, like a bumper dent, (2) the medical treatment was for a soft tissue injury and was done in a relatively short time such as 2-3 months, (3) the medical bills were not more than $3,000 to $5,000, and (4) your injuries were not permanent.

Typical cases that might qualify as small cases are typically rear-end collisions where there is only damage to the rear bumper that is less than $1,000.00; where the injured person only saw a chiropractor and was diagnosed as having a soft tissue injury and recovered fairly quickly with no long-term permanent effects. These are the type of cases that people often settle for themselves.

If you have a small case, and your bills are more than $3,000 to $5,000, you will first want to finish your treatment and get released from your doctor. Frequently doctors, such as chiropractors, will tell you that you have reached maximum medical improvement, or MMI. At this point, they will release you from treatment and tell you to come back if you have any problems. Once you are released, you will want to collect the bills and records from all medical providers who have treated you for your injury. If you were initially transported by ambulance and were treated in the ER of the hospital, you will want to collect these records as well.

After you have collected your medical records, you should write a letter to the insurance company stating your your demand or request for settlement. In your letter, you should ask to be reimbursed for your medical bills (and future medical bills if applicable) as well as the pain and suffering you went through and/or expect to go through in the future. You can present your own offer or ask them to make you an offer. The insurance company will then contact you and give you their offer. In most cases, their offer will be less than what you were hoping for. You are always free to make a counter offer and to negotiate with them.

The insurance company could offer to settle your case for the cost of medical bills plus $500 to $1,000 for your pain and suffering. They might offer you more or less. But this is probably in the range of what you might see if you negotiate with them directly for this kind of small case. If you are negotiating a larger case, you should expect more than this. Some law firms offer a free service where they will review the offer from the insurance company, compare it against your records, and let you know whether the insurance company is making a fair offer or not.

Even when attorneys charge there their typical 1/3 contingency fee, it is usually better to use one in larger cases. A study that was done in 1999 by the Insurance Research Counsel, found that people who used a lawyer for their personal injury claim received on average 3 1/2 times more compensation than those persons who settled their own cases.

If your case is a larger case, you should ask the attorney whether they will insure that you receive at least as much as offered by the insurance company. Our practice is to insure our clients get at least as much as offered by the insurance company or we will cut our fee to make that happen. This means the client will end up with more money in their pocket than if they had done it alone. This is a good thing to ask the attorney you are thinking of using.

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Tax Attorneys

Jul 17th, 2009 Posted in law | no comment »

If you have ongoing, unresolved issues and/or disputes with the Internal Revenue Service (IRS), you need a tax attorney.

As far as finding a tax relief attorney, the experience of others you know or have heard of is always a good place to start. However, this is your tax relief we are talking about here, so it is vital that you still exercise skepticism to avoid any potential inexperienced tax lawyers. There are a few steps you should adhere to when considering a tax attorney.

You need to analyze and measure up their qualifications. You want to hire someone who will do it right without putting further hassles on your shoulders. You have enough to worry about. Many tax relief attorneys are constantly advertising his or her “experience” on TV or billboards, but it is important to realize that just because that tax attorney has good advertisements and marketing it does not mean that he or she is qualified to offer you tax relief.

A tax attorney will be able to help in multiple areas, some areas of expertise are audits, tax problems with your own business, or property seizures.

Remember that tax attorneys specialize in many different areas and the list is too long to name here but chances are that you could benefit from having a tax attorney on your side.

Analyze and measure up their qualifications. You need to hire someone who will do it right without putting further hassles on your shoulders. You have enough to worry about. Many tax relief attorneys are constantly advertising his or her “experience” on TV or billboards, but it is important to realize that just because that tax attorney has good advertisements and marketing it does not mean that he or she is qualified to offer you tax relief.

Why? Well it could result in your having to face an extremely expensive problem.

Lets see a couple reasons why it is smart to hire a tax attorney.

First of all, they can tell you tips and advice that you wouldn’t find out about otherwise.

Second, he has better, if not superior, negotiation skills than you. Third, it is part of his job to maintain confidentiality.

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Boating Under the Influence Laws

Jul 16th, 2009 Posted in law | no comment »

Boating accidents are a common occurrence across the United States. The U.S. Coast Guard (USCG) reported that in 2007 nearly 22% of all boating fatalities were alcohol or drug related. The USCG also reported that Boating Under the Influence (BUI) was the fourth most common factor for boating accidents after: (1) operator inattention, (2) careless/reckless operation, and (3) excessive speed. http://www.uscgboating.org/statistics/accident_stats.htm. Most people are familiar with drinking and driving laws, but in recently, boating under the influence has received more attention from Federal and State law makers.

2001 saw a revision in the standard for the legal blood alcohol content for operators of boats and other recreational vessels. This summary of Federal BUI standards is from the EPA website:

“For recreational vessel operators, the final rule lowers the current Federal BAC threshold from .10 BAC to .08 BAC. This change is appropriate because boating accident statistics show that alcohol use remains a significant cause of recreational boating deaths and because we support a trend in State recreational boating laws toward the .08 BAC standard. Further, the revised Federal BAC standard does not supercede or preempt any enacted State BAC standard. Additionally, the final rule replaces the term “intoxicated” with the phrase “under the influence of alcohol or a dangerous drug.” This change brings the regulations into conformance with current statutory language. The final rule is expected to reduce the number of recreational boating deaths and injuries resulting from accidents caused by operators under the influence of alcohol or a dangerous drug.” See http://www.epa.gov/EPA-IMPACT/2001/January/Day-10/i551.htm

After the Federal law changed in 2001, many states have followed suit in lowering the legal limit for boating under the influence to a .08 BAC. Colorado is one example of a state that has recently made some major changes in its BUI laws. In August of 2008, two major changes were made to the Colorado BUI laws, see Colorado Revised Statutes 33-13-108.1.

Colorado began by lowering the legal limit to mirror the Federal law from .10 BAC to .08 BAC. Colorado also increased the scope of the type of vessels that a person could receive a BUI while operating. Under the old law, only operators of motor boats and sailboats could be arrested for a BUI.

After the changes to the BUI law, an operator of any vessel may be charged with a BUI if they are in control of the vessel and are over the legal limit. This includes all watercraft operated by motor, wind, paddle, oar, jet skis, sailboats, kayaks and even canoes and rafts.

Even after the change in the law, boating under the influence is still a misdemeanor under Colorado law. A first BUI offense is punishable by up to a year in jail, 96 hours of public service, a fine not to exceed $1,000, and carries a 3 month restriction on operating an aquatic vessel. Subsequent convictions can carry greater penalties including a mandatory five day jail sentence (the maximum is still one year in jail), 120 hours of public service, a fine of up to $1,500, and a one year restriction on operating a vessel.

As the boating laws and regulations will vary from state to state, it is very important to educate yourself on the local boating laws in your area and all areas where you plan on operating your boat, or other water vessel.

In all cases, it is better to be safe than sorry, and anyone operating a boat should take great caution to avoid any alcohol or drugs that might affect their ability to operate their vessel, for their safety and the safety of others. However, if you or someone you know, has been charged with a boating under the influence ticket, obtain legal representation as quickly as possible to protect your rights.

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