Monday, 25 January 2016

injured shoaid akhter





When it comes to making a claim for physical bodily damage, many 
people often wonder if the award received is subject to taxation. There 
are many elements that determine whether or not the IRS has any right to
 these winnings. A personal injury attorney can work closely with the 
court to help claimants get as much money free of tax, but there are 
some exceptions.<br />
Taxation of Personal Injury Claims<br />
In most 
cases, money received from a personal injury claim is not taxable. This 
rule applies to federal and state law, and it does not matter if the 
case was settled or if the money is the result of winning a lawsuit. Any
 money received from this type of situation is not counted as a 
taxpayer's gross income, whether it is used for medical expenses, as a 
source for lost income, pain and suffering, or paying legal fees. 
Whether the claim is a result of being hurt or illness, the IRS will not
 typically have a right to tax any money received.<br />
Possible Exceptions<br />
While
 money from a claim is not taxable, claimants will be taxed on any 
damages that are a result of a breach of contract that causes the 
infliction of pain. In addition, it is important to remember that only 
compensatory awards are non-taxable. Punitive awards are not. A personal
 injury attorney will request that the judge separate compensatory 
settlements from punitive damages so that the IRS will be able to easily
 discern what they can tax.<br />
If there is any interest accrued on a 
judgment, that interest amount is also taxable. In many states, the 
court will add the interest to the verdict for the amount of time the 
case has been waiting. For instance, if a claimant receives a judgment, 
but the defendant appeals and the case is not settled until one year 
later, interest will accrue on the award for that year. The IRS will tax
 this interest.<br />
Questions About Emotional Injury<br />
One common 
misconception is that settlements for emotional injury are also taxed. 
This is not the case. Any claims for emotional distress will be subject 
to taxation unless any evidence of physical pain can be proven.<br />
When There Are Two Claims<br />
In
 some cases, a claimant may have two judgments against a defendant. In 
this case, a personal injury attorney will have to ensure that the judge
 separates the award properly. In the settlement, it is crucial to 
ensure that it is stated very clearly which part of the settlement 
relates to physical bodily damage and which does not. This could include
 money meant for other forms of distress or property damage.<br />
When 
someone wins a settlement, it is important to remember that while it is 
generally non-taxable, the IRS can always challenge a claim. If this 
occurs, it is important to work closely with a personal injury attorney 
and a tax accountant to ensure everything is handled properly.
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Friday, 22 January 2016

The Jury Is Never Told About Insurance In A Florida Personal Injury Trial








Juries are often left out in the cold during trials over many facts that they never get to consider.
Relevant case law, legislation, pre-trial rulings, in trial objections and side bar serve the purpose of assuring that the jury never gets to hear certain things that may influence their decision. Oftentimes, after trials, juries will stick around and talk to the attorneys and discuss the cases with them. They often find out after the verdict, of facts they were not allowed to hear that would have swayed their decision one way or another. Some jurors are often shocked at the information they are not allowed to consider when deciding on verdicts that could affect people for the rest of their lives. This series focuses of some of the "evidence" that by one way or another is kept from the consideration of the juries. Good, bad or indifferent, it is a reality in every case that attorneys must limit what information the jury may hear or see prior to deliberating a case.
Florida Statute 627.4136 Nonjoinder of Insurers
Also, known as the "Non-Joinder Statute" is probably the most prejudicial statute that was pushed upon the Florida people. Essentially, when someone is injured because someone broke a safety rule, such as a traffic law, the injured party has a right to be compensated for their losses. It sounds simple, doesn't it? Not really. What this means is that if someone harms you then you are allowed to be made whole by financial compensation for both economic and non-economic damages. These are the rules of our justice system in Florida. If you are any other person causes harms or damages, the protection of an Insurance Policy often comes into play.
Each month you loyally pay your insurance premiums to the companies with the cute commercials that make all these promises to stand by you in a time of need. The protection afforded by insurance is that in the event of a claim, the insurance company will protect the personal financial exposure of the policy holder. This may include the hiring of a defense lawyer to legally defend a lawsuit brought upon by an injured plaintiff. The person causing the harm is named as a defendant in the case (the insurance company is NOT a defendant in a 3rd party action) but they are essentially absent to the process. The defendant doesn't make any decisions or have any control over the process as the insurance company evaluates the claim or ends up in a full blown trial. They do not consult the defendant on any decisions and basically will put their insured in a position that they are essentially "along for the ride". In most cases the defendant appears at trial and unbeknownst to him/her, the insurance company has hired all sorts of experts to defend the case.
The interesting part of this scenario is the reality verse perception issue. The reality is that the defendant has no say so in the defense and the insurance company is protecting their bottom line but the perception is the theater of the mind that is presented to the jury. Under the Non-Joinder Statute, the jury never hears that this individual has an insurance policy. The jury isn't aware that the insurance company is paying the bill for the high-priced defense attorney. In fact, the jury will never hear the name of the insurance company so they presumably assume that giving a verdict in favor of the plaintiff and against the defendant will come out of this poor individual person's pocket. That's not really fair for the defendant or for the plaintiff.
Insurance Companies don't want People to know the Truth
Insurance companies and their lobbyists vigorously argued for this statute. This provides the insurance companies the ability to cover up the fact that they are involved in the defense of a claim and instead, create an alternate reality that the individual person will be responsible for making the plaintiff whole. In close cases where the liability is in question or there are other mitigating circumstances, juries may not award a full measure of damages because they may question the defendant's ability to pay a certain amount of money. The jury certainly does not have a full picture of the facts, which would lead a reasonable person to hold accountable the insurance carrier that makes billions of dollars in annual profits.
The related farce that is perpetrated upon Florida citizens is that their insurance premiums continue to rise because of greedy plaintiff lawyers and run away juries. The reality is that the true culprit is corporate greed at its finest. Think of this next time you see a cute insurance commercial provides a false sense of security while hiding the actual fiscal responsibility owed to a policy holder by an insurance carrier.
Matthew Dolman is a Trial Lawyer with Dolman Law Group, a Florida Personal Injury Firm representing the seriously injured. If you have questions regarding a potential cause of action wherein you or a loved one has been harmed by the negligence of another party, we are available to stand up for your rights. Matthew may be reached at 727-451-6900 or via email, matt@dolmanlaw.com. Our consultation is always free and we work on a contingency basis, meaning that we only earn a fee when we make a recovery on behalf of our client.

Article Source: http://EzineArticles.com/9250879

The Top 10 Reasons to Hire a Quality Personal Injury Lawyer

If you are injured in some form of accident, you likely have a lot of questions - and very few answers. Should you take legal action against anyone as a result of your injuries? How would you go about that process? Without the right guidance, it will be difficult to make good decisions, and you may simply wind up taking no action at all. For this reason, it is important to work with a quality personal injury lawyer.
You don't need to be committed to taking legal action just to talk to a personal injury lawyer. Whether you wind up filing a suit or not, speaking with an experienced attorney is a smart way to determine your best course of action.
The following are the top ten reasons you should consider retaining the services of a personal injury lawyer.
#1 - No Risk
Generally speaking, personal injury lawyers will only get paid when you win your case. As long as that is the case, you don't have to worry about mounting legal bills only to lose your case in the end. Prior to signing on with a specific attorney, make sure they are willing to work on a contingency fee basis.
#2 - Experience
If you aren't a lawyer, you simply can't have the experience that is possessed by a personal injury lawyer. It is tempting to represent yourself in an injury case in order to save money, but that method is rarely effective. Utilize the experience of a professional to greatly improve your odds of success.
#3 - An Outside View
It is basically impossible for you to take an impartial look at your own case. You may still be in pain, and you might be holding some negative feelings toward the people whom you feel are responsible. A lawyer will not be constrained by these emotions, so you can count on them to give you an objective opinion on the case.
#4 - In Case of Trial
Should your case wind up in a trial, you will want a good lawyer on your side. The courtroom is no place for the inexperienced, so make sure a quality personal injury lawyer is on your team as you walk into court.
#5 - Settlement Options
Injury lawyers are used to negotiating settlements, and they will be happy to do so in your case (if a settlement is a possibility). Everyone involved will likely want to avoid a trial, so your lawyer may be able to negotiate a settlement that is satisfactory to all parties.
#6 - Support Staff
Lawyers don't work alone - generally, they have a team of staff behind them to do research, conduct interviews, and more. If you want to give your suit the best possible chance at success, having a lawyer with a talented support team fighting for you is a great advantage.
#7 - Legal Speak
Reading a legal document can be highly confusing to those without an education in law. Your personal injury lawyer will be able to make sense of the court documents.
#8 - Experience in the System
Determining whether or not a lawsuit is warranted is the first step in the process, and your lawyer will be able to offer you a qualified opinion based on their experience in the field. There is no sense taking up a lawsuit that has no chance of success, so ask for an honest opinion before proceeding.
#9 - Dealing with Insurance Companies
Do you want to have to deal with insurance companies as they settle claims in your case? Probably not. Turn that job over to your personal injury lawyer, who will have experience in that area.
#10 - Peace of Mind
A serious injury is a life-changing event, and your head has probably been spinning since the moment it took place. Working with a quality personal injury lawyer will help to settle your nerves as you will know you are in good hands.
Ben Wayne writes for the Law Office of Arthur Crum, a personal injury lawyer in Frederick, MD. As one of the area's most reputable car accident attorneys, Mr. Crum's law firm focuses on personal injury cases, including vehicle accidents.

Article Source: http://EzineArticles.com/9253390

Personal Injury Attorney Tips: Are Injury Claims Taxable?



When it comes to making a claim for physical bodily damage, many people often wonder if the award received is subject to taxation. There are many elements that determine whether or not the IRS has any right to these winnings. A personal injury attorney can work closely with the court to help claimants get as much money free of tax, but there are some exceptions.
Taxation of Personal Injury Claims
In most cases, money received from a personal injury claim is not taxable. This rule applies to federal and state law, and it does not matter if the case was settled or if the money is the result of winning a lawsuit. Any money received from this type of situation is not counted as a taxpayer's gross income, whether it is used for medical expenses, as a source for lost income, pain and suffering, or paying legal fees. Whether the claim is a result of being hurt or illness, the IRS will not typically have a right to tax any money received.
Possible Exceptions
While money from a claim is not taxable, claimants will be taxed on any damages that are a result of a breach of contract that causes the infliction of pain. In addition, it is important to remember that only compensatory awards are non-taxable. Punitive awards are not. A personal injury attorney will request that the judge separate compensatory settlements from punitive damages so that the IRS will be able to easily discern what they can tax.
If there is any interest accrued on a judgment, that interest amount is also taxable. In many states, the court will add the interest to the verdict for the amount of time the case has been waiting. For instance, if a claimant receives a judgment, but the defendant appeals and the case is not settled until one year later, interest will accrue on the award for that year. The IRS will tax this interest.
Questions About Emotional Injury
One common misconception is that settlements for emotional injury are also taxed. This is not the case. Any claims for emotional distress will be subject to taxation unless any evidence of physical pain can be proven.
When There Are Two Claims
In some cases, a claimant may have two judgments against a defendant. In this case, a personal injury attorney will have to ensure that the judge separates the award properly. In the settlement, it is crucial to ensure that it is stated very clearly which part of the settlement relates to physical bodily damage and which does not. This could include money meant for other forms of distress or property damage.
When someone wins a settlement, it is important to remember that while it is generally non-taxable, the IRS can always challenge a claim. If this occurs, it is important to work closely with a personal injury attorney and a tax accountant to ensure everything is handled properly.
When searching for a personal injury attorney, Hillsboro, Oregon residents visit Corbridge Law Offices, P.C. Learn more at

Article Source: http://EzineArticles.com/9271818

When Lightning Strikes: Do You Have Recourse?

Do you have any legal recourse if you are hit by lightning? Many people think that because lightning is an Act of God or all part of Mother Nature's plan there's no recourse to be had, but this is not always the case.
Sometimes the reason why a person has been struck by lightning can be directly linked to negligence of some kind. Many people just assume that each and every building owner, landowner or business owner have taken the proper steps to protect them. Unfortunately, this is not always the case.
When another person or organization is to blame for lightning striking and causing personal injury, recourse is often not far away.
Is It Mother Nature's Fault?
There have been many cases of lightning striking and people dying that resulted in a personal injury claim and compensation for families impacted by these tragedies. What do all of those claims have in common? In every case, a group or company neglected to set up proper lightning prevention and alarm systems. In a perfect world, these tragedies might be prevented.
Every building and structure should have some kind of lightning protocol in place, and this often includes basic installments like lightning rods. However, many companies and businesses neglect to consider the possibility of lightning when building a structure.
How can you tell if your home or business or area of work is properly set up for the possibility of lightning striking? It's difficult to determine this information on your own, but it never hurts to ask the owner of a building or property what the lightning protocol is.
Injured By Lightning? Do You Have a Case?
If someone you know has been injured by lightning (including death), you might have recourse that could end in compensation for you and your family. As with all personal injury cases, it is difficult to determine whether or not a third party was at fault or to blame for lightning-related injuries - but you do owe it to yourself and to your family to investigate the possibility.
If you have (or know someone that has) been injured in a lightning storm while at work or on a property other than your own, find out if Mother Nature is really to blame - or if this is a case of negligence. If you determine that negligence was a factor, then contact a qualified personal injury lawyer to find out what your next steps should be.
At the Dellutri Law Group, it has always been our highest calling to help those that are in need of a solid personal injury legal team. Call the Dellutri Law Group today for more information and for a free case evaluation.

Article Source: http://EzineArticles.com/9286663

Thursday, 21 January 2016

Texas Mesothelioma

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Early, lucarelli, sweeney & meisenkothen
Early, Lucarelli, Sweeney & Meisenkothen is nationally recognized for our representation of product liability and mesothelioma victims, and for our understanding of and compassion for injured parties and their families. Our experience in these matters spans two decades and our lawyers have been recognized as some of the best in the country. We have been awarded Martindale-Hubbell's highest AV rating, we are a National, Tier 1 ranked law firm with U.S. News and World Report Best Law Firms, and we have been selected for inclusion in the Best Lawyers and Super Lawyers rating publications.

The Attorneys at ELSM

Meet the experienced team of attorneys at ELSM who will work tirelessly on your behalf to earn you the highest settlement award possible.

James Early

Jennifer Lucarelli

Robert Sweeney

Chris Meisenkothen

Ethan Early

Brian Early

Donni Young

Mark Bibro

Brian Kenney

Lindalea Ludwick

Laura Vitale

Matthew Park

Derell Wilson

Ron Meneo

Jeffrey Kanca

Catherine Ferrante

More About the Attorneys at ELSM

Early, Lucarelli, Sweeney & Meisenkothen has consistently been at the top of the list in terms of per case settlement dollars obtained for its asbestos clients. We represent in excess of one thousand eight hundred victims of asbestos disease in their cases against the asbestos industry. Hundreds of these victims suffer from mesothelioma cancer. We are currently licensed to practice in: California, Connecticut, Illinois, Massachusetts, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Washington D.C. Almost two decades of asbestos law experience has resulted in close working relationships with mesothelioma attorneys throughout the United States for the representation of individuals with asbestos cancer. We will carefully explain your legal rights to you.
We have dedicated extensive resources to gathering information and evidence against the asbestos industry. We will explain the multiple paths to follow to maximize your recovery against asbestos manufacturers and suppliers. We will discuss with you the options of law suits, out of court settlements, and claims in the bankruptcy courts. We will seek to determine and advise you as to the best course of action in your case. In many cases we can obtain settlement offers from certain asbestos manufacturers within a few months of retention.
We urge you to consider our extensive database of medical information, mesothelioma treatment options, and product identification that dates back to the 1930s when choosing your legal representation. Our Web site contains the most up-to-date information from the best sources; it is a source of pride, and we hope that it shows. Maintaining the site and adding new material is a daily process because our clients indicate they want it that way. In fact, Early, Lucarelli, Sweeney & Meisenkothen is often approached by doctors and world medical conferences, asking if they can place information on our Web site. Of course, we answer yes. Moreover, we are a nationally recognized law firm, which runs at the forefront of asbestos litigation, as we are intimately involved with current legal and political events regarding asbestos. We urge you to contact Early, Lucarelli, Sweeney & Meisenkothen first.

Martindale-Hubbell's Highest AV Rating

Martindale-Hubbell Rating ELSM has been awarded Martindale-Hubbell’s highest AV rating for excellence in ethical standards and legal expertise. This highly regarded system utilizes both client and peer review feedback to rate lawyers in the areas of experience, expertise, knowledge, judgment, communication and ethics.
The goal of the rating system is to help those seeking legal counsel to make informed decisions with a higher level of confidence. When you choose a law firm with a Martindale-Hubbell AV rating, like Early, Lucarelli Sweeney and Meisenkothen, you can be assured that you have chosen to work with attorneys that are well regarded by their peers, have an exceptional track record and that work with a high degree of integrity.In short, you have chosen the best.
The following letter from Martindale-Hubbell confirms that Early, Lucarelli, Sweeney and Meisenkothen has earned an AV rating, the highest rating awarded only to those who exhibit excellence and uphold high standards of conduct in the legal profession.

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What Is a Personal Injury Attorney?

A personal injury lawyer can be described as a lawyer that provides legal representation to all those who can claim to have been injured in the recent past. This injury can either be physically or psychologically as a result of negligence by a certain person. This can also be because of any wrongdoing of a person, government agency, company, agency or any other type of entity. Thus these personal injury attorneys always tend to be very knowledgeable and also have a lot of experience with regard to this area of law which is known as tort law. This also includes civil wrongs and non- economic damages to a particular person's reputation, property and or rights.
Responsibilities of an injury attorney
Any personal injury attorney has a lot of responsibilities in serving his clients. These responsibilities can encompass both the ethical rules and professional codes of conduct that are set forth by the state bar associations where all lawyers are licensed. Once a lawyer is licensed to practice law by their respective bar association, the lawyers are legally permitted to file legal complaints and argue their cases in the court of law. They are also entitled to draft legal documents and other legal advice to the victims of personal injury.
When to hire an injury attorney?
When you have been through a car accident, you might have a lot on your mind at that point. There can also be a lot of emotional stress and turmoil and you will have to deal with a variety of injuries and damages to your vehicle. These injury attorneys or lawyers can help you to deal with the process of your claim and also reduce your stress in dealing with the process. There is however some factors that you must take into consideration before finalizing on your attorney hiring process.
Property damage is the biggest loss after any accident. Your vehicle can be very heavily damaged after an accident and in some cases this can be considered to be a total loss. You will first have to deem whether you are covered by your insurance. If you are at fault, it is the right choice to seek a reimbursement from your own policy. If you are not at fault, you can seek the payment through another insurer. Also in some cases, you can also seek compensation from your very own car insurance company. It is one of the important things to remember.

Article Source: http://EzineArticles.com/9273387

Medical Records Retrieval for Law Firms

• MODERN MEDICAL RECORDS RETRIEVAL SERVICE - AUTOMATION, COMPLIANCE, SAVINGS
The modern Medical Records Retrieval (MRR) service is a combination of modern web-based technology and a rules-compliant outsource solution. Historically lawyers and their staff would have to set aside a portion of their time, often a lot of time, to capture necessary information for cases that involved medical records. It's not that the process is complex. Quite the contrary, every attorney, paralegal, and litigation-support person knows exactly what needs to be done.
It may appear simple, but it is a very manually intensive process. Someone at the firm must acknowledge the need for the records. Necessary forms must be completed to ensure compliance with a myriad of laws (including HIPAA), which the firm and often the patient (who may or may not be the firm's client) would need to initiate a request. Then, the firm must track the progress of the request, and eventually receive, review, and organize the results, or note that there were no medical records available related to the matter.
To support the business of running a law practice, sophisticated and affordable software tools include new client/business intake, workflow automation, and conflicts management. Vendors who provide early case assessment tools and e-discovery-based technology-assisted review have begun to offer solutions for small firm and solo practitioners. In this article, we will show you how you can improve productivity, lower costs, and better manage billing for MRR expenses.
How Medical Records Retrieval Services Work
Here's how a typical MRR service works for a small firm/solo practice. One of the firm's employees logs into a secure, encrypted website. He or she then submits an order outlining the patient's information, the records being requested, and any other data necessary to complete the request. What happens next is truly a game-changing activity. Instead of the firm's billable resources chasing record requests from hospitals, doctors, and other healthcare providers, they go back to doing other, productive work, while the MRR process self-executes, and eventually provides you with the requested information and documents or informs you that there were no responsive documents.
Questions Regarding MRR Services
The availability of MRR services presents all attorneys, but especially solo and small firms, with the following important questions:
• How do you start with an MRR service?
• How are the record requests processed?
• Is this process HIPAA-compliant?
• When and how am I alerted to the status of my requests?
• How do I distribute the costs/fees associated with outsourcing medical records retrieval?
Choosing Your MRR Provider
To reduce the risk of choosing the wrong MRR service, consider the following best practices:
1) Ensure that the MRR service can prove secure access to its website (and your records) via a login and password.
2) Understand the MRR service's processes to ensure protection of privacy.
3) Understand its service level agreements, which explain their process and anticipated turnaround time.
4) Verify that the MRR service has experience with expediting record requests by requesting a list of reference clients.
5) Review the process by which you and/or your staff are notified of updates, including record availability or notice of "no record found."
6) Ask for the MRR service's price schedule, preferably in a format that will permit you to do an apples-to-apples comparison of the fees of other MRR services.
When possible, a dedicated MRR service is a better choice than a firm that offers a multitude of legal practice services of which records retrieval is only a small subset of their overall business.
Getting Started with the MRR Provider
Upon choosing your MRR provider, the steps to starting to work with the provider are straightforward and similar to those when signing up with any on-line type of service:
• The firm identifies the approved personnel who are authorized to access the secure system.
• A unique user ID is created for the firm at this time, with a strong password required for all future access.
• Often, this is also the time that billing information is provided, and thus a financial account with the firm and MRR is created for future invoicing.
• Each authorized person completes a new user profile and sign-on request. The user must provide email and phone contact information.
• It is the responsibility of the law firm to notify the MRR as soon as possible in the event that an existing authorized user should be removed from the access control. The MRR should remedy and respond as soon as the user access has been removed.
• While the use of the MRR site should be quite easy for most users with minimal training, additional site support generally is available from the MRR's services personnel via phone or email request.
Safeguarding Privacy
No matter how beneficial the technology, the firm must ensure compliance of federal and state HIPAA guidelines and any ethical rules about maintaining client confidences. Therefore, they must ensure that the MRR service collects, hosts, and provides access to client(s) records while maintaining compliance with privacy guidelines. Note: This should be part of your due diligence when selecting a provider.
The MRR Service should comply with Federal and state privacy laws. MRR services should keep up to date with changing rules of privacy such as the HITECH Act.
MRR agreements should expressly state that no personally identifiable health information (PHI) can ever be used for non-business related activities such as marketing and/or sales lead generation.
Record Processing
Once you have chosen an MRR service and set up your account, obtaining medical records is relatively straight-forward:
• After you enter a request into the system, the MRR service creates an MRR record request connected to the unique ID of the requester (the specific user at your firm), and confirms receipt of the request via an email.
• A reviewer is assigned to assess the necessary actions to fulfill the request, and will notify the user of any questions regarding the record request. In some states, including California, an electronic request can be executed from the MRR service to the healthcare provider, eliminating the need for paper-based transaction.
• The provider then tracks the request, and conducts any follow-up communication by any means available, including email, telephone or in-person visits if necessary, to acquire clear copies of records requested.
• If the record is available and legible, it is scanned into the secure web-based system for access by the user. Otherwise, a "no record found" is annotated to the request, and communicated back to the user.
Communication Is Key
Nothing can be more frustrating to case management than waiting for needed information from a third party. The MRR service must not only forward the record request to the healthcare provider, but also must provide the firm an ongoing and timely response regarding status. Each record must be tracked in real-time with detailed notes from the MRR agents. The MRR service should send alerts if additional information is required, provide replies via email, and deliver the link to download and/or view completed requests as soon as the records become available. Again, during the selection process, you should ascertain the provider's practices regarding communications, and include them in the contract.
Speed Is Critical Too
Obtaining the medical records timely is critical, whether to respond to discovery, to make or oppose a motion for summary judgment, to get an expert up to speed, or to settle a case. A reliable MRR service will offer a quick turnaround. They have the experience working with medical locations to obtain records faster than a law firm's in-house staff. After all, a law firm staff member may encounter (or, in truth, may feel like they have gotten stuck with) the occasional medical record search, but the MRR service is a specialist in the process of collecting information, including "no records found." So, the MRR service's very job is obtaining medical records, and therefore will have the process down to a set of specific steps, and can support their clients via a web interface.
Relationships With Healthcare Providers
Sometimes hospitals, physicians' offices, and other healthcare providers may treat the occasional request by an attorney for medical records as an inconvenience, not respond as quickly or perhaps as completely as the attorney or client would like. A smart MRR service will develop long-term relationships with healthcare providers and their staff to get the data needed promptly and efficiently. This will improve the quality of the document production, reduce its cost, and speed the process up.
Database Strength
Medical records often can be in a different location or city than the healthcare provider. For example, billing records for hospitals are usually in an offsite facility, sometimes in another state. With the advent of electronic records, more healthcare providers are centralizing their records offsite with the umbrella company of their medical group/hospital. Without the information on how and where to request records, in-house staff can waste valuable time sending requests to the wrong locations or having to spend the time to find out where to send the requests. A strong database on where and how to request records from healthcare providers therefore is key to save time, ensure complete result, and save money. MRR services have the incentive and the resources to develop such a database. Law firms, especially solos and small firms, do not.
In addition the importance on the database in requesting medical records, it is equally important on the production side. Virtually all medical records are produced in digital format. Records are typically available in PDF or TIFF file format, making them searchable by many document management systems - including on premise, cloud-based, web-based or hybrid systems. They are usually made available for download and/or viewing from virtually anywhere on any device that supports a secure micro-browser. The MRR service maintains the medical records for ongoing access by the user and any authorized personnel.
MRR Costs and other Considerations
The MRR service will charge you for their services. However, because the firm's resources are freed up to work on activities that generate revenue for the firm, the costs of using an MRR service will be offset at least in part, and perhaps in full. In addition, depending on your fee arrangement with your client, the invoices from the MRR service may be directly billable back to the client or at least accounted for as a recoverable cost. (Many MRR services charge no monthly fees for having an account, and thus the firm only incur fees on a usage basis, which can then be charged to the cases for which they are required.)
Summary
While many firms may continue the "do-it-yourself" approach, solos and small firms should consider using an MRR service. In addition to the higher costs of installing and maintaining one's own record management system, the soft costs and resource consumption make this a less favorable alternative. A qualified, experienced MRR service offers a cost effective, robust platform for processing, monitoring, and tracking medical records requests. Record management and processing is HIPAA-compliant, always available, and secure-which in-house processes may not be, with the attendant risks. Use of an MRR service does not require capital expense to leverage digitally filed and maintained medical records. Firm resources can be repurposed from tracking record requests to meaningful and fee-generating activities. Client satisfaction may improve as matters are able to be processed more efficiently, and firm business may increase. The results of using an MRR service are measureable and immediate. It's literally a one-click quantum leap from manual, resource-heavy processes to a modern, digital, secure web based management for your practice.
With over 20 years of experience in the field of Medical Record Retrieval for law firms and insurance claims professionals, Record Retrieval Service (RRS), offers complete compliance with state and federal guidelines including HIPAA and HITECH laws. Using advanced encryption techniques, and data servers housed only in the United States, RRS is recognized as a leader in the collection and secure hosting of medical record data. New clients can enjoy a discount of 20% of RRS fees on their first month's order(s) simply by creating a new account at http://www.recordrs.com. We commit to never sharing or selling your email, contact or other information with anyone, and should you ever decide to opt-out of receiving future emails and offers, your email will be quickly deleted from our database. We guarantee this practice 100%.

Tips for Auto Accident Victims From Car Accident Lawyers

Knowing what to do or even what not to do can make a significant difference in a fair settlement for your auto accident. The first few actions you take after a car accident can negatively affect the possible settlement you may be entitled to.
You may think that you don't need to call the police if your car accident is just a fender bender, but you should always get a police report filed. Often times, the other driver involved may not want to involve the police, but this may not be the best approach. Always call the police after a car accident. Your case will be much stronger if it is properly documented in a police report.
Don't go it alone and try to handle things yourself with the insurance company. This is a big mistake. Maybe it seems logical, and easier. It sounds like they really want to help you and settle quickly. You do not have the years of experience and expertise to deal with the big insurance firms like car accident lawyers. Contact a personal injury lawyer to assist you in your case. You may be injured and not even know it, and have expenses that you can't even imagine. Some injuries don't show up right away, and may require surgery or rehab for an extensive time period.
At first, you may think you don't need any medical care, but that is incorrect. Some injuries aren't apparent for a day or more. Whiplash is one of those, as are many types of internal injuries, for instance. Get a complete medical exam to rule out any potentially serious injuries. The Dr. will be able to determine whether or not you need any further treatment. Having a medical report will be very helpful in working with the insurance company or if there is a potential lawsuit. Not seeking proper medical care is a nightmare for any car accident attorney.
Don't share too much information with either the other driver involved, or to the police. Never admit guilt. Simply tell what your perspective is of what happened. The officer will use this info to file the report. Good car accident lawyers will then be able to request a copy of the police report and go from there. Working on your behalf, your personal injury attorney will be able to guide you through the legal maze, and reach the best possible settlement for you.
Contact The Law of Jeffrey S. Dawson today at 949/861-2191 for a free consultation to discuss your personal injury case. Jeff Dawson is a uniquely qualified personal injury lawyer. He has worked on the other side, as well - for the insurance firms, and knows how they think. If you have been involved in an accident where you have suffered injuries, contact the law offices of Jeffrey S. Dawson to discuss your potential lawsuit settlement.

Article Source: http://EzineArticles.com/9287011

Biggest Mistakes Made Following An Accident

Sustaining physical or emotional damage is not enough to win a personal injury case. When it comes to any personal injury case, there are some definite things that you can do to ruin your chances of successfully resolving the case. Since we want you to gain the maximum compensation that you deserve, we have listed some of the biggest mistakes that people make following any kind of accident below - be careful not to do these things.
  1. Write about your accident online. Everyone needs someone to talk to. That much is understandable. However, you have to be very careful about what you post on social media sites. It is not uncommon for lawyers to spend time looking at what people post on social media sites related to a recent accident. If you need to talk with someone, make sure that it is in private - or reach out to a licensed therapist that will keep your conversations confidential.

  2. Neglect to visit with a licensed medical doctor immediately after your accident. A number of people wait for weeks or days before seeing a doctor to assess injuries. This is a huge mistake. It is important that any kind of physical injury be documented right away, so that you can have a record of the extent of your injuries as soon as possible.

  3. Questioning whether or not you are really injured. It doesn't matter if an accident has caused an old injury to surface or whether you have a new injury as a result of the accident. Any kind of accident may require a visit to your doctor's office. Often, things like whiplash do not surface until a few hours or days following an accident, but even this type of injury can be very dangerous to your overall physical health.

  4. Over dramatizing your injuries. We've all seen TV shows where someone gets into a car accident and then walks into a courtroom limping with a neck brace - even though no neck injuries were sustained. This is a bad idea. Be honest about your injuries. We demand that You and your Doctors be brutally honest with our office.

  5. Not documenting further injuries when they happen. Let's say that you get into a car accident tonight, you go to the doctor, you follow doctor's orders (very important), and then three weeks from now something else hurts that could have been related to that same accident. What should you do? Go back to your doctor and get it documented!
A large part of any personal injury case is whether or not an accident was handled and documented properly. No matter what kind of accident you have been in, make sure that you do not make any of the above mistakes - it could cost you in the long run.
If you were injured by someone else's negligence and you're not sure if you have a personal injury claim, please do not hesitate to contact the Dellutri Law Group today. We are here to help! We will answer your questions and assist you in any way we can.

Article Source: http://EzineArticles.com/9292971

Cycling Accidents: What to Do

A recent cycling accident in St. Augustine is drawing a lot of media attention. A 58-year old man was riding his bicycle home from work when he was struck by a couple driving a Lincoln Town Car. The cyclist later died in the hospital from serious wounds that were inflicted when he was thrown from his bicycle.
As a cyclist, what is your responsibility when it comes to an accident like this one? What are your responsibilities as the driver of a car that has struck a cyclist? In order to make sure that your personal injury claim sticks, the following details are important to know.
Cyclist Requirements
Cyclists are required to have lights on bicycles when driving during the evening hours. Even if you live in a state that gets a lot of sunshine, a small light on a bicycle can save a life - sometimes, it's just hard for drivers to see a cyclist when the sun goes down. If you are riding a bicycle and you get into an accident with a car, you have some additional responsibilities.
  1. Whether or not you feel injured, call the police to report the accident.
  2. Visit with your doctor immediately.
  3. Make sure to follow doctor recommendations.
  4. Get the name and information of the driver.
Driver Requirements
Since cars greatly outweigh bicycles, it is often the cyclist that is injured in an accident such as the one mentioned above. But regardless of who is injured in an accident, you still have some obligations as a driver including the following.
  • Never flee the scene of an accident. It can be downright scary to realize that you have collided with a cyclist, and this fear alone is often the reason why people flee the scene of an accident. Relax, call the police, and stay with the person you have hit until the police arrive.

  • Even if you do not feel like you have any injuries, visit with your doctor right away. Whiplash and other injuries can occur easily regardless of who or what you hit.

  • Follow your doctor's orders.

  • Make sure to get the information of the person that you have collided with.
Your Personal Injury Claim
Whether you are riding a bicycle or driving a car, you can make a personal injury claim if you have been injured (in any way) in an accident. Your best course of action is contacting a trusted and experienced personal injury lawyer to discuss the incident and what steps to take.
For a free evaluation to discuss your personal injury case, call the Dellutri Law Group today at 239-939-0900, or contact us online at

Article Source: http://EzineArticles.com/9292974

Real Rape

This past weekend I read an article in the New York Times Sunday Magazine entitled "To Catch A Rapist". It highlighted the work of a dedicated inspector and some of her colleagues in the Special Victims Unit of Law Enforcement in New Haven, Conn. and the repeated roadblocks they come up against trying to prosecute sexual assault cases. It was powerful and informative and I would encourage anyone reading this to take a look at that article as well. First some statistics:
"End Violence Against Women International, a renowned research and training organization for law-enforcement officers and other professionals involved in sexual assault investigations, estimates that only 5 to 20 percent of sexual assaults are reported, depending on the population studied. And according to a 2011 report by the University of Kentucky Center for Research on Violence Against Women, only 14 to 18 percent of all sexual assaults reported to police are prosecuted."
These statistics are even more dramatic when you compare them to reporting and prosecution of all other crimes. I am not shocked by these statistics - and probably neither are you. Because we already know that most rape victims are too ashamed, scared or unsure about what happened to report. And if they do report, they have little faith that anything will be done about it. Furthermore, the majority of rape victims are minors - some so young that they have no idea or words for what happened - and others threatened by their adult abusers or rebuffed by other family members when the abuser is known. Consider that a majority of the rest of the rape victims either knew their abuser - perhaps drugs or alcohol was involved - (think date rape), or else they are the mentally ill or prostitutes, who, second to minors, are the most likely targets, but are the least likely to be believed. Now you can see why the statistics are so dismal. But that doesn't make it justifiable. It simply means that further work needs to be done educating both the public and law enforcement agencies.
"Real rape", as described in the New York Times article, are those cases in which the victim is visibly physically injured with the suspect having used a gun or knife, and the rape is reported immediately. "In the minds of many police officers, prosecutors, juries, even victims themselves, a "real rape" is committed by a male stranger who uses a weapon to threaten the victim and inflicts serious injury." And "real rape" in the mind of many law enforcement officers, prosecutors and juries, is also an assault where the victim's "moral character or behavior" is above reproach. So that probably leaves us with over 90 percent of rape cases not considered "real rape".
Because so many women, men and minors do not immediately report, the fault does not lie entirely with the law enforcement community or simply because of insensitivity to the crime. Part of the work lies in getting adults to be more vigilant and to come forward quickly - whether they themselves have been raped or they suspect a minor has been raped. Minors need to be educated as early as possible to what rape is and what to do if anyone tries to touch them - that includes parents, siblings, other family members, neighbors or religious leaders. And if non-abusing family members won't believe them, then they should seek help from their friends' families, other trusted adults, or more importantly, from their schools, where teachers as well as counselors have to be trained in handling these cases and reporting them expeditiously. Too many times, counselors do report, but then social services do not handle these cases effectively, either immediately pulling the child out of the home and into foster care or more likely not doing enough to protect the child because of lack of clarity or evidence.
For the victims, shame is a major part of the reason they don't come forward. Victims, who are not ready to talk about it, should be encouraged to tell a trusted figure (i.e. a doctor or respected community person) who will keep their secret until they are ready to go to the authorities. At least then they will have someone who they told immediately afterwards, to corroborate their story. And don't assume that it will be your word against his or hers. What we learn from the New York Times article is that "the most current thinking on sexual assault investigations is that there is always corroborating evidence. Detectives just have to be willing to search for it." Regardless, the longer a rape victim waits, the harder it will be to bring the suspect to justice.
While it has been said many times that "no means no", what victims of acquaintance rape have to understand is that even if you finally succumb in order to get it over with and get away from him/her, that doesn't mean it isn't rape. Don't confuse resignation with agreement. No still meant no; and it wasn't respected. If the abuser behaves that way with you, you can be sure that they will behave that way with others. By not talking, you are passively allowing that person to abuse others. Rape is always real.
When Store owners selling products are robbed, they have had a crime committed against them and they report it. When prostitutes who sell sex are raped, they have also had a crime committed against them, but usually they don't report it. When it comes to sex, just because you sell it, doesn't mean anyone gets to hold you up without your consent and take it for free. The rape of a prostitute should be treated seriously by law enforcement.
As for our most defenseless group, minors make up 70 - 80 percent of all rape victims. And a large percentage of minors who are sexually abused go on to be abused as adults. The psychological damage to children who have been sexually abused is life-long. There is a limit to how effectively we can educate minors - especially very young children - to protect themselves and/or to report afterwards.
It is up to all of us to become much more vigilant in protecting children - everyone's' children. We should be aware of the signs - children who suddenly act out in a sexually inappropriate manner; children who withdraw, act depressed or exhibit extreme anger much of the time and perhaps start doing poorly in school. When children say that something is happening, we must listen. It may not sound believable. It may not sound possible based on your knowledge of who is being accused or what they are being accused of, but you must err on the side of protecting the child - not the adult.
And if family members won't help, you must still pursue your suspicions until you find a reasonable answer as to why the child is crying out for help. Often, families turn inward and protect the abuser - either consciously or unconsciously. Young children don't lie about these things (the exception being those prodded by adults who convince them that something happened which didn't happen). And older adolescents - if they are lying - are still crying out for help - because something is wrong. The truth will come out if you look for it. It is better to discover that a child is psychologically disturbed and falsely accusing an adult, than to realize that you did nothing to help a child who has been sexually abused. While the subject of rape is being discussed seriously and getting more attention now, we still have a long way to go to make our children, women, and men safe from sexual assault.

Injured On the Job? Information About Personal Contractor Status

It's not entirely uncommon for an employer to inform a recently injured employee that workers compensation does not apply due to independent contractor status. But how reliable is this claim? Are you really an independent contractor? Here are some of the ways that some states view accidents that happen on the job - and whether or not you can collect compensation.
Defining a Contractor
Contractors typically are paid differently than employees (through a set of terms or an independent contract). These workers also tend to work independently, and this often means that a contractor will not have the same paperwork as a full-time employee (a contractor may fill out a W-9 tax form, for example). Also, there is usually a start and end date when it comes to a contract.
So what defines an employee if a contractor fits the above terms? In most cases, employees work directly for the company that they are employed by and do not have separate contracts. While employees may have a contract with the company that they work for, these contracts are the same for all employees. Further, an employee does not have a start and end date, since these workers are expected to work full-time until a position is terminated.
How Can You Tell?
When you were hired for a certain position, what did you apply for? Did you apply for that position as an independent contractor? Or, were you hired by the company to work as a full-time employee? Knowing the difference between being a contractor and a full-time employee can also mean the difference between getting the compensation that you deserve, and not being able to make any kind of claim when injured on the job.
The Sticky Details
As you might imagine, there are all kinds of details that go into figuring out whether or not you can actually claim compensation. Since large companies and insurance companies do not want to pay for medical bills and time lost not working, it is often hard to claim full-time work status. However, not attempting to gain compensation for wages and time lost means that you may have to pay for medical bills yourself - and this isn't always fair.
If you have been injured on the job and you've been told that you do not qualify for compensation, it's important that you speak to a qualified attorney as soon as possible.
Our goal at the Dellutri Law Firm is to make sure that you gain the compensation that you need to focus on getting better without worrying about whether or not you are a full-time worker or contractor.

Denver's Hit and Run Epidemic: How You Can Get Justice?

The Denver metro area has been described as having a hit and run epidemic.
During the first eleven months of 2014 (January-November) 446 hit and run accidents occurred in the three Denver metro cities of Aurora, Lakewood, and Denver. Sources estimate that equates to approximately 1.3 injuries a day. According to the Colorado Department of Transportation ("CODOT"), more than half of fatal hit and run accidents in 2014 were alcohol related.
A hit and run accident occurs when the driver of a motor vehicle is involved in an accident and fails to stop at the scene as required by C.R.S.§ 42-4-1601. A driver involved in an accident must stop if the following occurs:
• Property damage;
• Injury to a person; and/or
• Death to a person
A hit and run accident can involve:
• Two moving vehicles (i.e. two cars, one car and one motorcycle, etc.)
• One moving vehicle and one parked vehicle
• One moving vehicle and a pedestrian
• One moving vehicle and a cyclist
• One moving vehicle and property (i.e. livestock)
Colorado law enforcement has been cracking down on perpetrators of hit and runs. Last year, legislators created a program called the Medina Alert. The Medina Alert functions similar to an Amber Alert. Essentially, the public is notified when an individual is seriously injured during a hit and run accident. The public is encouraged to be on the lookout for the person and vehicle described in the alert and contact law enforcement. A Medina Alert led to the successful, prompt apprehension of a suspect in an October 2015 hit and run accident involving a pedestrian.
Being the victim of a hit and run accident can be a frightening, hurtful, and confusing experience. It can be unclear how to proceed following the accident. If you are a victim of a hit and run, you should take the following steps:
1. Be Safe: When involved in any type of accident your first priority is safety.
• If you have suffered any physical injury seek medical attention immediately.
• Resist the urge to chase the hit and run driver. Do not chase the driver. Chasing the driver will lead to reckless driving and/or another accident. Contact the police immediately and file an accident report.
2. Stay Calm: Remaining calm may be difficult; however, you must remain calm and gather information about the hit and run driver immediately. You want to observe the license plate number and the vehicle make, model, and color.
3. Look for Witnesses: If any witnesses are at the scene, you want to collect their names and numbers, if possible. This information is should be provided to the police officer making the accident report.
4. Recall the Location
5. Take Pictures: If safe and feasible, take photos of your vehicle and the location of the accident. This information may be useful to the police and the insurance company when investigating the accident.
After a hit and run accident, it is important to contact and experience attorney immediately. An experienced attorney can assist in locating insurance coverage to compensate you for your injuries and damages and losses; including property damage, medical expenses, loss of income, and pain and suffering. If the hit and run driver cannot be located or does not have automobile insurance, your own automobile insurance may be used to compensate you for your losses. Having a skilled advocate can make all the difference in your case.
Jennifer Donaldson serves as a personal injury attorney for victims of hit and run accidents. She works diligently to ensure these victims are made whole again after the traumatic experience of a hit and run accident. Jennifer Donaldson is designated as AV Preeminent by Martindale-Hubbell for exceptional ethical standards and legal ability. She seeks justice for victims throughout Denver, Boulder, Aurora and surroundings areas of Colorado.

Article Source: http://EzineArticles.com/9266133