Do You Need a Medical Malpractice Lawyer?

A medical malpractice lawyer is unfortunately a reality for many people; is it something that needs to be a reality for you? The unfortunate truth of the matter is that medical malpractice is a great deal more common than many people think, and it can affect your life for years. If you feel as though you have been the victim of medical malpractice, it is very important to seek legal help as soon as you can. Take some time and make sure that you consider what options you may have, and that you have the legal counsel to lead you down the right path.

Although we don’t like to think about it, malpractice does happen. Medical professionals are human and acts of omission and negligence can and do happen. Medical malpractice is defined as an act or omission caused by negligence that leads to harm. While this definition is very broad, it still serves to give you an idea of what is and is not malpractice. If a doctor makes a call that would be made by anyone else in that situation with the information that was available at the time, and it turns out to be the wrong choice, that is not negligence. On the other hand, if the decision was made without a regard to the facts or due to the fact that a reasonable amount of competence was not met, this is malpractice.

If you feel as though the treatment that you would receive falls into the category of negligence, consulting with a medical malpractice lawyer should be your first step. In most if not all cases, their retainer will be paid out by your compensation, so legal fees are not even an issue for you to worry about. They have the expertise to figure out if you even have a case worth pursuing, and they can tell you a great deal about what may have happened to cause it and how it could have been handled differently. If it goes to trial, they will represent you and they have the contacts necessary to call in professional witnesses.

Some people feel that they cannot find a medical malpractice lawyer because of something they signed at the hospital, like the standard waiver forms that a hospital requires you to sign before a treatment or surgery. This is simply not true. That is important enough to repeat: that document or waiver you signed does NOT prevent you from filing a valid malpractice lawsuit. There is nothing that a hospital will have you sign that can take away your right to competent treatment! When you go to see a legal professional, bring as much paperwork as is pertinent to the issue, and be ready to provide more if the lawyer requires it. Preparing for the case can be a lengthy procedure.

Remember that medical malpractice is something that does happen, and if it happens to you, that you do have rights to legal discourse. If you suspect that negligence played a part in a recent medical issue, speak to a medical malpractice lawyer at once and find out what your options might be.

No Lawyer Required – Small Claims Court

Your best friend, or someone you thought of as a friend, asked you for a loan of $2,500.00. You had the money, and you liked the guy, so you said okay. Two months have passed, and he bought a new house. You know he’s not hurting. You called him after you heard about the house and asked when he was going to pay you back. He said he had huge expenses now because of the new house. He said soon. Two weeks later you called again. Again he said soon. You just put the phone down. You’re tired of calling. He said soon again. What to do next?

This situation sounds like a case for small claims court. Here’s what you need to do:

1. Letter

Write your friend a letter. Tell him that he has two weeks to pay you back. Tell him you want to resolve his payment to you in a friendly manner, but if you do not receive a check within two weeks, you will see him in small claims court.

We’re hoping that the letter resolves the non-payment problem. If it does not, you’ll have to continue to step two.

2. File a claim

Go to your local small claims court and complete the forms. You can probably download the forms from your county’s small claims website. Submit the forms to the small claims court. The court will schedule a hearing.

3. Service of process

Your friend has become the defendant. He must be served at least 15 days before the hearing date if the defendant lives in San Francisco county. If the defendant does not live in the county, s/he must be served at least 20 days before the hearing date. A capable adult must serve a true copy of the claim. You cannot serve the defendant.

4. Evidence

You next gather all evidence to submit at the hearing. Evidence would include a copy of the cancelled check that you gave your friend and dates and notes of all phone calls that you made to him. You may want to take a photo of his new house.

5. At the hearing

Small claims courts are generally much more informal that other courts. The judge will ask you questions, and then s/he’ll ask your friend, the defendant, questions.

If you have presented the situation with evidence, the judge will probably rule in your favor.

You’ve won your case, and your friend is now going to pay you back, but suppose he doesn’t. Suppose he is a real jerk and has decided that he wants you to have to work just a little harder to get your money back.

6. Collecting a judgment

You have to collect the judgment. The defendant may pay the amount directly to the court. If the defendant does not have the money, the defendant may have to pay installments.

If your friend refuses to pay, you can complete an Application and Order for Appearance and Examination which would require your friend to appear in small claims court to have his income and resources examined.

You could also consider wage garnishment by completing a Writ of Execution. This writ could also levy your friend’s checking or other bank account.

If your friend has a business with a cash register, a sheriff can go to the business for a till tap. The sheriff can take enough money from the cash register to pay the judgment debt. The typical sheriff’s fee for a till tap is $85.00. We hope your friend doesn’t put you in this situation, but if you are ever in this situation, the purpose of small claims courts is to resolve small problems without the expense of an attorney. This is the do it yourself legal remedy.

Disclaimer: This article is not to be considered legal advice. If you need legal advice, seek out a licensed attorney. Remember that small claims courts do not require an attorney. If, however, the losing defendant appeals the small claims court’s decision, the new venue is a superior court. In a superior court, you will need an attorney.

Is Hiring a DUI Lawyer Required?

Driving under the influence (DUI) is a serious crime which is seen in every nation in the world. The penalties, however, deviate from region to region. The crime of DUI is committed by driving a motor vehicle under the influence of alcohol or drugs. For a person who commits this crime, there will be a lot of legal troubles in store for him or her. Such an individual who is under the influence of alcohol or drugs is not just a terror to himself or herself. He or she also poses a menace to other innocent people too. Due to the DUI state, the involved person may also get the attention of the cops and be pulled over. He or she may be put through to a breathalyzer test or a number of sobriety tests. If the person fails to pass these sobriety exams, he or she may be held for driving under the influence (DUI).

If you are such an individual and are captured for DUI, there is no way that you will be able to get out of this wreck on your own. Until you know about the DUI laws and rules and are familiar with the way these kind of things work. Most of the individuals who get captured for DUI are no experts in this field. As a result, they will be unable to find a answer to their trouble. To make it darker, there are some organizations and groups that are making it worse for the accused. They are lobbying for tighter rules, harsher penalties and larger fines. There is a lot of trouble in store for someone who has been captured for DUI. In such a situation, you will need a continuous hand to help you stand up. There are many DUI lawyers available who can offer you this steady hand.

One of the first matters that must be done is to get the get the assistance of a professional and highly qualified DUI lawyer to manage your case. The DUI lawyer represents the person who has been charged with driving or operating a motor vehicle under the influence of either alcohol or drugs. If a person is seen to have consumed surplus amounts of alcohol, he or she is charged with DUI. There have, nonetheless, been cases where a person who had not crossed the limits had been arrested. The DUI lawyer functions as the attorney of the charged, and therefore he or she will take care of everything: from the start to the finish. There is absolutely nothing to worry about. The DUI lawyer will assist you along every step on the way.

The only solution to your problems is to get an excellent and able DUI attorney. This is the only means by which you can beat the system. It will help secure your release from jail. Posting a bail may also be needed. But there is no need to worry as all of that will be looked after by your DUI attorney. You need to stress on your defense against the charges. You will not be alone in this task. Your DUI attorney will be at your side and will aid you in taking the right actions and putting up a complete defense.