Behind The Scenes Of A Personal Injury Case. Personal Injury Terminology

Personal injury is a legal term meaning bodily injury or emotional distress which is caused by a type of tort or by the negligence of another. Negligence is defined as conduct that falls below the standards if behavior established by law for the protection of others against unreasonable risk of harm.

4Torts are determined as civil wrongs that cause a person to suffer harm or loss. Generally torts fall into three categories:

  1. Intentional torts can result from intentional acts such as battery, assault, intentional infliction of emotional stress and others.
  2. Negligent torts also called “prudent man rule” result from failure to behave with the level of care to someone whom he or she owes a duty to (i.e. failing to obey traffic rules)
  3. Strict Liability torts are caused by virtue of a wrongful act, without any accompanying intent or mental state.

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How to Place a Bid on Legal Bistro

Bid-for-Placement: what does it mean? Why do we need it?

A bid is a sum of money that a lawyer offers for the opportunity of talking to a client, to receive his contact information and discuss his case (the minimum amount you can bid on is 6 law dollars).

It’s important to remember that a lawyer’s bid on a case determines where in the list of competing, “bidding” lawyers their profile will be displayed to the clients, who posted the case. The profile with the highest bid will be displayed first and the lowest, respectively, the last.

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Writing an Effective Biography on Legal Bistro Helps Attorneys Get New Clients!

Why should a lawyer bother to write an outstanding biography and why is it the most important part of the lawyer profile? It’s so simple!

A bio is a snapshot of a lawyer’s professional experience:

  • who they are,

  • what they do,

  • specialist expertise and

  • examples of client work.

A good biography “sells” their expertise to potential new clients.

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Legal Bistro Elevator Pitch for Lawyers

What is an Elevator Pitch?

An “Elevator Pitch”, also known as an elevator speech or statement, is a short summary used to quickly define a person, product, profession or organization and its Value Proposition.  The name “elevator pitch” conveys that the person who is delivering the message has about the same time that it takes the typical elevator to go from the ground floor the top floor to convince their audience about their proposal.  A well designed elevator pitch should be between 30 and 60 seconds.

How to Write a Good Elevator Pitch

The “Elevator Pitch” on Legal Bistro is five lines (500 words maximum) of text that are displayed to potential clients in what we call the “Short Profile Preview”.  This is the very first thing that a potential client will see about you and your law firm so you should give a lot of thought to what you would like to say.

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Why Consumers Love Legal Bistro

 Do you need a lawyer but are intimidated by the legal process?  Are you concerned that professional legal services may be financially out of reach?  Perhaps English is not your native language and you are having trouble finding a qualified attorney with whom you can effectively communicate.  Don’t worry, if you answered yes to any of these questions you are not alone.

We built Legal Bistro because we were inspired by the contribution that Lending Tree made to the process for finding a mortgage lender.  Lending Tree used the power of the Internet to bring online competition in the mortgage application process. Equally important is that Lending Tree’s website has helped consumers to better understand the process of applying for a home loan. We hope that Legal Bistro can achieve similar results in the legal services market.

When Lawyers Compete, You Win!

The single biggest reason why consumers love our service is because Legal Bistro facilitates lawyers competing online to serve the client.  Our Company motto is that When Lawyers Compete, the Client Wins! Frankly, we believe that both lawyers and consumers win when the competitive playing field has been leveled.

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Why Lawyers Love Legal Bistro

    

Are you happy with the current Return on Investment (“ROI”) for your online legal services marketing dollars?  Are you spending too much of your time qualifying leads? wasting time imagesDo you know anything about the visitors to your law firm’s website besides their IP Address and the date and time of their visit?  More specifically, are you being provided with case specific  facts that will help you evaluate their legal needs?

If you have answered yes to some or all of these questions then perhaps you will appreciate why lawyers love Legal Bistro.

YOU ARE IN CONTROL

You decide what cases you see based on the Practice Groups, Case Types and Tag or Key Words used when defining your Areas of Practice.

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Asbestos Silent Killer: Risk Factor of Mesothelioma

Mesothelioma, a rare deadly form of cancer, is caused by exposure to asbestos. Workers dealing with asbestos usually get sick with mesothelioma. Moreover, their wives most likely to become mesothelioma patients because they inhale the tiny deadly fibres that have been brought home on the clothing, skin, and hair. This limited amount of asbestos exposure was enough to lead to a mesothelioma diagnosis decades later.

Paul Danziger writes in his article “The Right Way to Deal With Mesothelioma Lawsuits” that if a mesothelioma has been diagnosed, one should immediately proceed with a mesothelioma lawsuit. He claims that because the disease is caused by asbestos, and because the companies that exposed their employees and consumers to asbestos were aware of the risks that they were exposing people to, the victims have a right to file a lawsuit for damages caused be their negligence. A great number of lawsuits have been filed and the awards have been won by victims either as a result of a decision by a jury or as a result of a settlement agreement have been so large that mesothelioma has become one of the largest mass torts in American history.

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Unsecured Cargo Load Injuries

Trucks have an important function for the country’s commerce system. Every day, hundreds of them travel on the roads, carrying tons of heavy cargo. And it is absolutely necessary this cargo to be properly secured. Otherwise, there is a very high risk of the load to come loose and into contact with another vehicle, bicyclist, or pedestrian, causing very serious injuries or wrongful deaths.

There are many different hazards regarding unsecured truck loads, but the most common include improperly and inadequately held construction equipment being towed, automobiles being carried, and mobile homes being transported. This places obstacles in the road which can lead to accidents and injuries that can seriously injure or even kill drivers and passengers. In addition to being unsecured, cargo loads can also be improperly balanced, which can cause them to shift leading to poor braking, rollovers, and serious crashes on the nation’s roadways.

Drivers and other people using the roads can suffer serious injuries in Unsecured Cargo Load Accidents, such as:Plywood-in-window

- Overturned trucks on curves and corners

- Cargo or tarps falling onto the roadway

- Jackknife accidents when cargo shifts

- Hazardous cargo spills

There are strict limits on the total amount of weight trucks can carry on highways due to federal laws that are in place. Any truck that exceeds these limits are deemed to be overweight or overloaded and are in violation of the federal law because they take longer to stop and are generally harder to control. So, a large number of trucks on the road who are operating illegally, or who have cargo loads that are not properly secured put the public on roadways in danger.

In 2004, the AAA Foundation for Traffic Safety reported that 25 000 motor vehicle accidents are caused each year by unsecured cargo loads on highways. According to Bellotti Law Group these car crashes result in 80 to 90 fatalities and many more serious injuries, including broken bones, closed head injuries, traumatic brain injuries, paralysis, spinal cord injuries, and others.

unsecured cargo loadIn case you have been hurt because of unsecured cargo loads, you have to understand that you have legal rights and you may be able to bring forth a lawsuit to make those responsible account for your injuries. You should turn to a personal injury attorney who specializes in motor vehicle accidents immediately. These professionals can help you to obtain compensation for past, present, and future medical expenses, loss of income, loss of quality of life, pain and suffering.

Cases involving unsecured cargo loads can be quite complex because it is often difficult to determine liability. This is because the truck driver has a particular duty of care to inspect the load before the trip; however, the trucking company is required by federal laws and regulations to ensure cargo is properly secured for the driver. The shipper who arranges the load also has a duty of care to tie down and load the cargo properly. For these reasons, it is recommended not to act spontaneously and file a claim on your own, as you may overlook a responsible party.

Try to find a professional personal injury lawyer as soon as possible. Time is of great importance, because evidence needs to be collected, witnesses need to be interviewed, and legal paperwork needs to be filed in time. Various states have different statutes of limitations and missing just one deadline can ruin the chances of a favorable outcome.

Dallas Charter Bus Crashes On Way To Oklahoma Casino

In a recent CNN’s article written by Jason Hanna and AnneClaire Stapleton entitled: 2 dead, dozens sent to hospitals after Dallas-area bus crash, is reported that a bus taking people to Oklahoma casinos rolled over on a Dallas-area toll road. The crash occurred Thursday morning.

The bus overturned on President George Bush Turnpike in Irving, Texas after it had slid onto the other side of the highway, according to the Texas Department of Public Safety. It’s unclear what caused the bus to veer.

Unfortunately, there are many victims as a result of this accident. Two people died and at least 44 people were taken to hospitals and at least three were in critical conditions, officials said. As the chairman of emergency medicine at Dallas’ Parkland Memorial Hospital said, most of the passengers on the bus were elderly. The bus driver remained alive and was sent to the hospital with other passengers.

According to Dr. Alex Eastman, who treated some patients at Parkland, of the 15 people brought to that hospital, four were in critical condition and 11 had non-life-threatening injuries. Most of the injured were deeply shocked.

This charter bus accident is investigated by The National Transportation Safety Board.

Amusement Park Injury Factors and How NOT TO Turn Fun into Tragedy

The percentage of personal injury cases that have occurred in amusement parks and theme parks is much lower than most other personal injury related cases. However, amusement or theme park accidents can be extremely harmful and can result in fatality.

IAAPA and the National Safety Council (NSC) have carried out surveys of amusement ride injuries. They established a nationwide amusement ride injury reporting system for all facilities operating fixed-site, or permanently situated amusement rides in the United States. They produce a report each fall and analyze the previous year’s reporting data.

The statistics below are presented by the 2010 Fixed-Site Amusement Ride Injury Survey published in the fall of 2011.

  •  Approximately 290 million guests visit the 400 U.S. amusement parks annually and take 1.7 billion safe rides.
  • The chance of being seriously injured on a ride at a fixed-site park in the U.S. is 1 in 24 million.

  • 59 of the 1,207 ride-related injuries, or less than 5 percent, required some form of overnight treatment at a hospital.

 The 2010 Fixed-Site Amusement Ride Injury Survey presents the proportion of injuries by ride-type, U.S., 2003 – 2010

Figure 1 shows that the percentage of injuries by ride type varies every year. However, Family and Adult Rides compose the highest percent of injuries. 52.1% of the injuries in 2010 occurred on family and adult rides, 54.0% in 2009, 61.6% in 2008 and 58.0% in 2007. The number of injuries in 2010 was down except for 2004.

Roller coasters accounted for 35.9% of the injuries in 2010 which is more than in any other year except for 2004.

After increasing nearly 5% from 2008 to 2009, the proportion of injuries associated with children’s rides declined over 3% from 2009 to 2010.

What are the main factors that contribute in amusement park ride injuries?

Elvie Vinn, the author of the article entitled “Main Factors That Contribute In Amusement Park Ride Injuries”, enumerates the following factors:

  • Mechanical Failures, such as broken or missing components, safety features that do not function correctly, and unexpected detachment of rides and other structures. This factor leads to Product Liability injuries and sometimes to Wrongful Death.

  • Individual Behavior – Operators should never be Negligent and fail to check ride’s proper operation and likewise, visitors should obey rules to make sure that they will not be a threat to safety.

  • Design Errors and Dangerous Premises which include lack of lighting, broken stairs, gaps in pavement and parking lot conditions.

What should be done if an accident occurred?

William D. Kickham, an attorney and the author of the article entitled “Massachusetts Amusement Park Injuries: Top Tips on Staying Safe: Part Two of Two” suggests the same types of cautionary measures that one would employ in the aftermath of a car accident.

  • Take photos of the injured person with your cell phone or camera.

  • On a piece of paper, note the time, the ride, any witnesses, and the name of the operator ride.

  • If the injured person is put in a brace or carried on a stretcher, take pictures of that as well.

  • Speak to an experienced accident attorney who is familiar with all aspects of personal injury.

Who is responsible for the damages or injuries you suffered?

William D. Kickam claims that the owner or operator or management team who manages the amusement park is liable for the damages and injuries. The owners have a legal responsibility to make sure that their park is kept in a safe condition. Almost in all cases a liability insurance companies pay out damages. However, they do not pay out damages easily, so it is better to be represented by an amusement park injury lawyer who has an experience in his field of expertise.

How to avoid injuries at amusement parks?

The attorney William D. Kickham describes some tips on how to stay safe at amusement parks:

  • Ask your state inspections department for the park’s safety record, before you patronize the park.

  • Inspect the park.

  • Read the warning signs. All major rides have restrictions on a person’s age, height and weight. Do not ignore them, especially if you have a specific medical condition that the ride warns you about – for example, back problems, or are subject to seizures.

  • Assess the conduct of the ride operator. The operator should, at all times, be paying attention to the ride and its riders.

  • Assess the ride’s appearance. If the ride is rusty, poorly lit, or cluttered with litter, you should not risk your life on it.

  • Be alert of riders.

  • Don’t force children to go on rides if they are scared.

  • Adhere to the park rules – wear your seat belts, use the lap bars, chains and harnesses.

In conclusion, amusement and theme parks are fun, just be always cautious and do not get injured on the rides.