Benefits Of Hiring A Legal Counselor

You will hit significant milestones over the course of your lifetime. These might include starting your own business, buying your own house, or selling your properties. At the same time, you will have to face a major setback at least once. This can involve your real estate properties, marital relationship, or even the death of a family member. 

In all these scenarios, both good and bad, you will have encounters with the law. If you proceed without professional legal help, you will likely find yourself stuck in otherwise avoidable pitfalls later on. A legal counselor will make it significantly easier for you to deal with any legal issues. Employing their help will save you money, time, and many headaches. Most importantly, they can make sure that momentous events remain happy memories and that tragic life events don’t become a source of any more pain. 

If you need any more convincing, here’s a list of services that a legal counselor can offer to make legal proceedings hassle-free for you: 

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Inform You Of Your Legal Rights

The law is complicated. But ignorance of the law excuses no one from compliance.  And if you are not sufficiently aware of your rights, you will most likely get the short end of any stick. Luckily, you can hire a legal counselor to inform you of your rights. Your legal counsel has the duty to inform you not only of your rights but also of situations that possibly benefit your case. They can also tell you how you need to behave so you will not be held in contempt. Armed with this knowledge, you are better equipped to make decisions moving forward. You have a better chance of leveraging your case or defending yourself from any charges. 

Review Your Contracts

Almost every significant event in our lives involves some contract. Marriage, employment, and business ownership all require you to sign a contract. You might be tempted to flip through the pages and sign your name where needed. Doing this is a huge mistake. It may cost you in the long run if the other party manages to sneak in loopholes that work in their favor and put you at a disadvantage. At the very least, make sure you read the fine print and understand what it entails. 

It is always in your best interest to run your contracts by a lawyer. Some lawyers specialize in analyzing contracts line-by-line to make sure that you are entering a fair agreement. This will not only save you money in the long run, but it will also protect your relationship with the other parties involved.  

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Evaluate Your Case

A legal counselor will provide an objective evaluation of your case to determine whether it can proceed in a court of law. They will also examine the strength and weaknesses of the collected pieces of evidence. 

Pursuing any case can be expensive and not just because of lawyer fees. Fortunately, your legal counselor can help you estimate the total cost of your case. If you gain little benefit from the amount you will pay, they may advise you to drop your case or seek settlement from the opposing party. They may also recommend other types of alternative dispute resolutions such as

  • Negotiation,
  • Conciliation,
  • Arbitration, or
  • Mediation.

Plan and Initiate Legal Action

Once you decide to pursue a case, your legal counselor will plan and initiate legal action. They will collect evidence and build your case. They will also take care of preparing and filing all the required paperwork. Missing a deadline or submitting an incorrect document can have your case thrown out altogether. Hiring a lawyer ensures that there is little to no risk of this happening. 

Your legal counselor will also devise strategies along the way to ensure that even if you do not win your case, you get the best possible outcome. They will advise you through every step of the legal process and take your opinions into account. With a lawyer, you are guaranteed that all possible options are laid out to you so that you can come out ahead in any legal battle. 

Provide Comfort and Assurance

Legal processes can be long and exhausting. While the emotional toll involved with pursuing a case will always be present, having a legal counselor will help you have some peace of mind. Because they take care of research, case building, and filing legal documents, a significant burden is lifted off your shoulders. You will sleep better at night knowing that you have an expert who knows what they’re doing on your side. 

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Represent You In Court

Filing a case does not always lead to getting a trial. Most cases settle then. But if you ever need to, it is best to hire a lawyer to represent you in court. Without a legal counselor to represent you, the odds of winning your case become drastically lower. You may even end up incriminating yourself and losing your case in the process.

Remember that the opposing party is likely to have a lawyer represent them. Despite their background, even seasoned lawyers opt not to represent themselves in court. Unless you have the time to study up on the law and the mental fortitude and confidence to argue your case, you are much better off getting representation

No matter the situation, it is always wise to discuss matters with a legal counselor as long as it involves the law. Whether you are being sued, pursuing a case, or even just entering into a contract, you will benefit from getting professional legal help. They are sure to provide you with exactly what you need, and you can be sure of their input because they are well-versed with the law.

A legal counsel might seem like an unnecessary upfront expense. But you must also consider the long-term costs not just in terms of money, but time and energy. You may not immediately feel it, but legal proceedings are bound to take their toll on you. It is always better to invest in something that can protect you now rather than have to spend a fortune later. 

How Counseling Can Help Clients Involved In Personal Injury Lawsuit

Taking any legal action to pursue justice can be extremely time- and energy-consuming. Being involved in a lawsuit can also be psychologically and emotionally taxing. This is especially true for personal injury lawsuits. If your suit goes to court, you will constantly have to revisit moments involving and leading up to your complaint. Your private life will also be up for scrutiny. The opposing party is likely to do everything in their power to discredit your claims and not be held responsible for your injury. 

Suffering from a personal injury is already burdensome on its own. The added stress of going through legal processes to seek reparations will surely take a toll on anyone’s mental health. If you filed a personal injury lawsuit and are waiting for its outcome, you might want to consider getting counseling. Read on to know more about how counseling can help you.

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What Are Personal Injury Lawsuits?

Before knowing how counseling can help personal injury clients, let us first define what ‘personal injury lawsuit’ refers to. Personal injury cases arise when an individual is harmed, and another party is legally responsible for that injury. Common examples of personal injuries include:

  • Automobiles or car accidents
  • Slip and fall accidents
  • Injury through a defective product
  • Medical malpractice
  • Accidents involving wrongful death

When the court finds the opposing party guilty, they will be ordered to pay for your medical bills and expenses. They may even be required to reparation. Usually, the insurance company of the convicted party will pay for any incurred damage. 

Personal injury lawsuits can play out one of two ways: a formal lawsuit or an informal settlement. In a formal lawsuit, a private individual will file a complaint against another party. This other party can be another person, a corporation, a business, or a government agency. The case is then taken up to court. Depending on the complications of your case, court deadlines, and other factors, the procedure might take anywhere from six months to a year. You have to be wary of these deadlines and other time constraints because of the statute of limitations. This is the maximum amount of time you can take to resolve your case. Once this expires, the courts are no longer held responsible for your case.

The more practical procedure is an informal settlement, where the case does not go to court. Your lawyer and the lawyer of the other party will talk between themselves regarding your respective demands and the possibilities of settling. This way, the case is directly resolved through a financial settlement between you and the other party. 

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Why You Should Seek Counseling For Personal Injury Lawsuits

Either possibility of a personal injury lawsuit can be stressful. If you go to court, you have to gather all the relevant papers in time, and you might need to talk about your experiences in court. If you have an informal settlement, you worry about getting fairly compensated for your injuries. There is no shame in seeking professional help when facing intense stress like this. If you are filing for a personal injury lawsuit, chances are you already suffered physical, mental, or emotional damage. You are already more vulnerable to developing mental illnesses because of the trauma you have suffered. 

Personal injury clients often have post-traumatic stress disorder (PTSD). It is a common side effect of experiencing an accident. Common symptoms of PTSD which personal injury clients may experience include:

  • Reliving the traumatic experience or having flashbacks
  • Recurring unwanted memories of the event
  • Experiencing nightmares of the traumatic event
  • Having significant emotional and physical distress whenever reminded of the event

To manage PTSD, counselors will often suggest, if not indirectly try, a range of treatments. Your counselor might recommend Cognitive Behavioral Therapy, Cognitive Processing Therapy, or Prolonged Exposure Therapy. These techniques are designed to disrupt your belief that the unfortunate event is likely to happen again anytime soon. Counseling will help with your symptoms, teach you healthy coping mechanisms, and increase your self-esteem.

Even if you do not have PTSD, it is still a good option to talk to your counselor about your personal injury. They can help you process your emotions. Think of counseling as a protection against any more harm that you may sustain while filing a lawsuit and getting the compensation you deserve for your trauma and injuries. 

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Counselors Can Refer You to Other Types of Therapy

Counseling is helpful to get you through the trauma and the stress of the legal procedure. Meanwhile, your physical health is affected by the injury. Although a counselor cannot provide physical and occupational therapy, they can refer you to professionals who can provide these. The main goal of going to counselors and other experts is to wholly rehabilitate yourself.

A physical therapist will focus on restoring your body’s flexibility and strength during a physical therapy session. Meanwhile, an occupational therapist will focus on restoring or improving your ability to engage in social life. They can help you address the physical aspect of your injuries so you can go back to your normal routine.

Suffering from a personal injury can be a traumatic experience in many different ways. Filing a personal injury lawsuit can be just as, if not more, harrowing. Aside from the initial physical damage caused by the personal injury, you will also have to deal with the stress involved while working through the lawsuit.

Counseling can help you address emotional and psychological distress from these events. If you have PTSD, a counselor can help you manage your symptoms and reintegrate back into society. They can even refer you to different therapy options to improve your condition. Getting additional counseling during or even after filing the lawsuit can help you be in a better mental condition while waiting for the results.

While in the middle of a lawsuit for personal injury, you will need to be in a strong emotional and mental state. If you are experiencing physical and emotional distress caused by personal injury, don’t hesitate to seek professional help. 

Frequently Asked Questions About The Life-Changing Effects Of Motivational Interviewing

Note: The content below contains some disturbing topics about violence and death.

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I had a childhood best friend named Angela. Her family moved next to ours in the suburbs when we were both in first grade. Although we had never met each other before, we instantly bonded over our love for swings in the local park. Almost every afternoon, Angela and I would play there with the other neighbors’ kids and would not come home until our parents had to fetch us. By the time the school year ended, we were already closer than any siblings could be.

Our closeness continued even in middle school. While other elementary friendships dissolved, ours strengthened to the point that we even snuck out to go to parties together. We planned to take turns telling our parents that we would have a sleepover for school projects. They always bought our alibi, considering we were inseparable.

However, on March 13, 2002, I asked her if we should go to Marsha’s party that night, and Angela said that she was feeling under the weather. It was cool for me, so we bid each other bye when we reached our houses. I did not know that it would be the last time I would see my best friend. Ever.

Troubles

The next morning, my father woke me up by knocking frantically on my door. I looked at my bedside clock and saw that it was not even 5 a.m. Hence, I was scowling when I opened my door, ready to snap at him. But then I froze when Mom and Dad heaved a sigh of relief and hugged me tightly at the same time.

“What’s this? Was I in a coma or just woke up?” I asked, trying to joke.

“No, baby, we were so worried that you snuck out with Angela. We couldn’t take it if you did,” my father said when they let go of me.

My scowl returned. “What are you talking about?” That’s when the flashing lights outside caught my eye, and I peered through my Dad’s side to get a better look. “What’s going on out there?”

My parents looked at each other, seemingly uncomfortable. When neither spoke for five minutes, I pushed past them to find out what’s happening. Mom stopped me by the arm then.

“Baby, Angela’s gone,” my mother uttered slowly. “Her parents came out around 3 a.m. when their dogs started barking like crazy, and they found her barely breathing on the lawn, her clothes ripped to pieces. They called 911, but Angela’s pronounced dead when the ambulance reached the hospital.”

I could do nothing but blink my eyes. I couldn’t believe it. My best friend could not be gone. We both decided not to go to the party because she didn’t feel well. Unless—

“It turned out that Angela left their home to meet her new boyfriend at a party,” Dad supplied. “The autopsy’s still not done, but based on Angela’s state when she was found, it’s highly possible that she was…gang-raped. The authorities were already looking for possible suspects, including her new boyfriend. I’m so sorry, baby.”

My parents hugged me again and told me to go back to bed, but how could I? My best friend was dead. Worse, she was violated and left to die by those monsters. When I heard the sound of a car pulling up at Angela’s house mid-morning, I asked Mom if we could go there to see her parents. As soon as Mrs. Davidson saw me, no words transpired between us – we just sobbed in each other’s arms.

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Post-Mortem

After Angela’s death, I moved to a different school and isolated myself from everyone but my family. The police investigation progressed quickly because many of our schoolmates testified against Angela’s boyfriend and his two friends, who apparently did their heinous crime at Marsha’s garage. Some tried to extend their condolences to me, but I just snapped at them. I was angry at them for not intervening or saving my best friend. Angela might still be alive if any of those kids thought of calling 911.

My parents understood what I was going through and let me be for the most part. However, when we were at the grocery store one time, and I snapped at the elderly cashier for not scanning our purchases fast enough, my parents took the liberty of signing me up for motivational interviewing, saying that my anger started to bleed through other aspects of my life – even the ones unrelated to my best friend’s death.

What is motivational interviewing good for? 

Motivational interviewing is ideal for individuals who need to get motivated to alter their thinking to overcome their conditions. This technique is used to help people overcome addictions and deal with grief or chronic physical illnesses.

What are the 5 principles of motivational interviewing? 

  • Use reflective listening to show empathy.
  • Emphasize how the individual’s behavior makes it challenging for them to achieve their goals.
  • Talk to the person without sounding aggressive or argumentative.
  • Avoid contradicting the person’s words directly.
  • Encourage everyone to be optimistic.

What are the stages of change in motivational interviewing? 

  • Precontemplation Stage: During the first stage, the individual is either unaware or in denial about their issue’s severity. Thus, they most likely have no idea that their behavior needs to change.
  • Contemplation Stage: The person may already realize that something is wrong with their behavior. Still, they have not made a move to alter it and feel better.
  • Preparation Stage: At the third stage, the individual may start weighing the pros and cons of changing their behavior. But they are yet to decide on what to do or where to begin.
  • Action Stage: Once the individual makes any effort – small or big – to improve their lives, it entails that they have reached this stage. They take responsibility for their actions, although they may still need external help.
  • Maintenance Stage: During the fifth stage, the person’s behavior may have improved enough that the mental health professional trusts them to continue their actions without intense supervision. It typically happens after six months at the least.
  • Termination Stage: When the individual reaches the last stage, their problems have been resolved and ready to face other life challenges. After this, some people sign up for various programs to continue improving themselves.

Is motivational interviewing manipulative? 

The idea that motivational interviewing is manipulative is a common concern of many people over the years. In reality, this technique is not meant to be that way. The manipulation only appears if the mental health professional conducts intervention when the person is still not mentally ready to change. However, if they follow the Stages of Change model religiously, it will not be like that.

What is change talk in motivational interviewing? 

Change talk in motivational interviewing refers to a portion of the process in which the mental health professional encourages the individual to disclose why they want to change and what they wish to achieve afterward. Eliciting change talk may motivate the individual further to alter their thoughts and behaviors.

What is the spirit of motivational interviewing? 

The “spirit” of motivational interviewing refers to the core techniques employed to improve interpersonal relationships. It is based on three elements, namely: collaboration (vs. confrontation), evocation (vs. imposition), and autonomy (vs. authority).

What type of therapy is motivational interviewing? 

Motivational interviewing is a client-focused type of therapy that clinical psychologists Stephen Rollnick and William Miller developed. It is used to help individuals alter their behavior and resolve their issues.

What is absolute worth? 

Absolute worth refers to the idea that everyone has the same level of dignity, regardless of their social status, and that we are all trying to figure out our place on Earth.

How do you do absolute value?

You simply need to accept that your dignity and worth are the same as that of even the wealthiest people in the world. The more a person realizes their absolute value, the faster they can achieve their full potential.

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Final Thoughts

It still hurts to remember what happened to Angela even almost two decades since her death. However, I eventually learned to accept it as a way of dealing with my anger issues. I found peace because the perpetrators got life sentences with no chances of receiving parole and that my best friend’s in a much better place now.

Your Mental Health When Dealing With An Accident-Related Injury

 

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If you have ever experienced being in an accident and incurred some injuries, you have most likely tried to focus on how the accident has damaged you physically. Broken joints, tense muscles, torn ligaments, and bodily bruises are some of the most prominent indications of any accident. These injuries are also the ones that frequently get the attention from the medical team. Unfortunately, physical damages are not the only issues that you encounter in the aftermath of a minor or major accident. In a lot of cases, accident-related injuries affect you emotionally and mentally as well.

The Forgotten Effects

Car accidents take a tremendous toll on the country’s citizens, with thousands and millions of these types and over a million injuries reported yearly. In addition to these, plenty of victims go through months of treatment, leave from work, and stress and anxiety secondary to managing their ordeal and their medical and insurance providers. These anxious and stressful circumstances can often overshadow the mental health problems that developed due to the trauma of the accident.

The Impact On The Victims

Victims who have suffered mental health conditions often struggle with the negative impact that it has had on them. Also, they experience issues in the workplace, sleep disturbances, and erratic emotional outbursts. Many of them say that they are stressed because of their injuries, and they don’t seek help. Some also encounter relationship problems for months after the accident. Additionally, it is common for most victims to become restless, lose appetite or gain weight, experience a decrease in their sex drive, or become disinterested in the things that previously made them happy.

Studies have revealed, however, that there is proof indicating the stress that car crash sufferers experience may take the form of what medical professionals call ‘subsyndromal PTSD,’ which is a partial type of PTSD that usually causes accident victims to manifest only with some of the more typical symptoms related to stress – the propensity to feel like he is continually experiencing the accident over and over, and hyperarousal. In cases like this, patients usually encounter avoidance issues or surges of emotional detachment. Research suggests that accident victims who go through partial symptoms are inclined to recover much faster than those who experience complete PTSD.

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Mood instabilities develop as one of the most usual types of mental health complications ever experienced by car crash victims who are diagnosed with Posttraumatic Stress Disorder. One study revealed that more than 50% of these diagnosed individuals also suffered from a major mood disturbance. What’s worse is that more studies show that women who have PTSD are more likely to have alcohol or drug abuse issues than those who don’t have PTSD. Additionally, males have five times more likelihood of turning to alcohol or drug abuse when they have PTSD.

Distress And Pain

Some studies have been performed to identify how to associate cases of PTSD with chronic pain symptoms. Numerous research efforts have confirmed that chronic pain seemed to affect the building up of different forms of post-traumatic stress, and there has been evidence suggesting that most of the stress that these patients encounter may be due to some form of impairment and physical discomfort.

As expected, there have also been studies that tried to identify whether or not there was a connection between lawsuits and reported cases of psychological distress. Hence, anyone who informs you that you may think your accident was due to some psychological damage is possibly falsely assuming that your Posttraumatic Stress Disorder is doing this to reinforce your litigation claims.

Conclusion

An essential thing that you can do after an accident that causes an injury is to be aware of your own mental and emotional well-being. If you are confused, depressed, scared, or irritable days or weeks after the incident, know that this is not abnormal at all, though if it persists, you must inform your physician and let him know what you think or how you really feel. It would be very disappointing to ignore your mental health concerns and hope that what you are feeling will disappear.

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It is also crucial for you to report any issues about your physical, mental, and emotional state to your lawyer, particularly if you are making a legal claim for damages from the sustained injuries. Your personal injury lawyer must know if you are suffering from any pain or enduring other signs and symptoms so that he can legally provide you with the medical treatment that is required for you to recover. The great news is that with much attention, care, and wise counsel of a seasoned lawyer, you will successfully recover, claim what you deserve, gain back that confidence and self-worth, and ultimately become whole again.

 

 

Dealing With Sibling Rivalry Within The Family

Nadia and Rey have been blessed with two beautiful daughters, Regina and Rhea. There is only a two-year age gap between the siblings, which the couple has taken as a positive sign. They said, “Our daughters will be each other’s best friend. We are claiming it now.”

Unfortunately, that’s not what happened. Regina became known for her brains and organizational skills, and everyone praised her for being on top of the class every year. Rhea, on the other hand, turned out to a prom-queen-material and joined beauty contests and cheerleading competitions. The fact that both girls excelled in different fields would have been excellent, but the people around them started comparing the two, thus making them develop sibling rivalry.

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At first, the sisters merely competed to see who could get ready faster in the morning (a task that Regina bulldozed with ease). Since she lost that one, Rhea changed course and decided to figure out qualify for the Spelling Bee competition at school, which they were both reasonably good at. The younger sibling had a slight edge on that and won, to Regina’s dismay.

The two continued to challenge each other like that for years. To the outside world, it seemed incredibly healthy. Some even uttered that it was an ideal way for siblings to stay grounded. However, only their parents knew that this seemingly harmless rivalry had grown deep and transformed into repulsion. The girls still did family activities together (partly due to Nadia and Rey’s coaxing), but you would never see them hang out with one another as other sisters would.

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When Regina and Rhea went to college, they grew further apart. The former got accepted to NYU, while the latter entered USC. Although they were thousands of miles away from each other, the siblings continued to find ways to alienate one another whenever they were both at home. They bickered about details as small as the utensils’ angle on the dining table or how far the mat should be from the door.

The parents finally had enough when they noticed that one refused to go where the other was, and neither even bothered to come up with a proper excuse. Nevertheless, the sisters were already adults and could never be ordered to make up and forget their indifferences. Upon consulting some friends, they tried a few things that might resolve an ongoing sibling rivalry within the family.

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Have An Open Dialogue At Home

The first thing you should do is have a sit-down meeting with the family and express your disappointment towards your children’s behavior. Try not to mince words so that they know how serious you are, but it is best to prevent yourself from showing anger, too. Nobody ever listens to angry people, after all. If you want to know how to address this mental behavior, check out BetterHelp.com for reference.

Once your feelings are out in the open, you must encourage the kids to open up about theirs. You may start with the question, “What don’t you like about your sibling?” That may take a while, depending on how long their reasons may be. If they spill the bean, though, follow it up by asking what they like about each other.

While forgiveness may not come immediately that day, you may see your children soften up a bit.

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Avoid Siding With Anyone

The reality in any sibling rivalry is that one person has more valid reasons to despise the other. For instance, the older daughter may love to keep her stuff tidy, but the younger one borrows or breaks them often. Similarly, the latter may be bratty and want everything that the former has, even if they don’t need it. There is a need to put a red-flag on that behavior.

No matter how much you want to side with one kid, you should never do that, especially when your goal is to have peace. Listen to whatever they must say; empathize with both if you must or remain poker-faced. In case you side with anyone (albeit slightly), the other’s hatred can flare up, to the extent that you won’t be able to make them come home.

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Plan More Family Trips Together

As mentioned above, forgiveness does not happen overnight. The longer the sibling rivalry has been going on, the longer it may take for the siblings to enjoy each other’s company.

Despite that, since you are the parent, you can force them to go on a family trip even if they are not into it. It would be helpful in addressing stress. The key is to pick a destination that they can never pass up, such as an island in Greece, a southeast Asian country, or the deserts in the Middle East. By taking them away from friends and other relatives, your kids have no choice but to rely on one another in a foreign location. Hence, their bond may begin to strengthen.

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Final Thoughts

Sibling rivalry must end as soon as you notice it. Nadia and Rey had had a tough time with their children because they decided to act on it when the sisters were already in college. If you notice your kids competing earlier than that, you must remind them why sibling rivalry is unhealthy and how they should treat each other instead.

Good luck!

 

 

COVID-19 Personal Injury Claims

 

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Most of the personal injury privileges depend on a legal basis; a term called negligence, which is defined as a situation where an individual or business did not utilize proper care. The individual claiming negligence – the plaintiff – must prove that he should not have been harmed were it not for the defendant’s unreasonable actions. Cases like these do not usually occur from getting infected with an infectious disease like flu. It may not be easy to show the exact basis of exposure, as well as to determine a particular action by a defendant that proved unreasonable actions. Conversely, there are certain circumstances where a patient claims negligence against a defendant established from contracting COVID-19.

Negligence In The Nursing Facility

Seniors are particularly vulnerable to contracting the coronavirus and acquiring severe symptoms from the disease. A lot of aging individuals in the United States live in nursing facilities, where the virus has a higher likelihood of spreading quickly. If indications suggest that a specific facility did not take proper precautions to make sure that its residents are protected from infections, a resident or residents can file charges against the facility.

What they will be required to do is to present evidence that they have contracted the virus because of improper implementation of safety guidelines by the facility staff. These might include unsanitary facility conditions that have influenced the proliferation of the disease or an insufficient response to a pandemic in the community. For instance, a nursing facility might require their residents and staff to be quarantined and disinfect their facility and are obliged to inform other residents of the recommended measure. Cases vary, though, and appropriate measures are dependent on these specific cases.

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Just last month, there were a total of 15 states that were granted protection to nursing facilities against particular types of claims that are associated with the pandemic. Some of these states include Arizona, Georgia, Illinois, Kentucky, New York, Rhode Island, and Michigan, among others. The extent of protection depends on the state. Generally, facilities like nursing homes in the mentioned states are spared from liability for simple negligence as a result of COVID-19-related harm. Normally, they are not protected from liability for intentional misconduct or gross negligence. Still, these circumstances are rare, as they tend to be difficult to prove these higher degrees of liability. Facilities may also be guarded under laws that protect healthcare providers from charges of simple negligence in the wake of the coronavirus pandemic, even though these laws do not reference specifically nursing facilities.

Possible Cruise Ship Related Liabilities

Some coronavirus patients get infected with the disease while they were vacationing in a cruise ship. If this is the case, these patients may most likely trace the exposure to their ship. A passenger could file charges against a cruise ship company if this has failed to implement appropriate precautions for the safety and protection of their passengers. For instance, if crew personnel were not able to identify contaminated passengers and negligently failed to separate them from the rest of the healthy passengers, then a healthy passenger who later got infected with the disease could claim liability. This particular law can be complex, as the deal on the ticket provides limitations on possible privileges. Among these limitations is a sanction on class actions, though it is uncertain whether or not the sanction would be imposed.

Medical Malpractice

If an individual became a potential carrier of COVID-19 because of negligence in a hospital setting, he might charge the hospital with medical malpractice. Medical malpractice charges are not the same as the simple personal injury cases, as they encompass a more particular standard of care. In most circumstances, the plaintiff will require an expert who can provide a clear explanation of why the defendant did not act competently as compared to the others who are working under the same circumstances.

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Medical malpractice cases usually entail delicate technical requirements, and a plaintiff or complainant must consider having a lawyer regularly if he is planning to pursue this type of claim. In some states, laws have been enforced that protect healthcare providers from such liabilities as simple negligence associated with COVID-19.

 

 

COVID-19 And Its Impact On Personal Injury

 

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While the coronavirus rises throughout the United States, many Americans will undoubtedly continue to incur injuries from falls, vehicular accidents, and other usual events. A victim can still bring on a personal injury claim to acquire compensation for his injury amidst the global outbreak. However, he might want to be aware of specific concerns that may influence his claim.

One of these concerns is associated with the courts, which mostly have been shut down until the crisis subsides. Thus, a victim’s personal injury case might not be resolved as effectively as it would have been under normal circumstances. Typically, almost all of these cases are settled even before it gets into a trial, although many of these cases go to at least one hearing before reaching a settlement. With all this chaos and strict guidelines placed on the various states, accident victims will most probably be facing delays in getting resolutions to their cases.

Personal Injury Settlement

The financial burden caused by the coronavirus outbreak might push a lot of accident victims to pursue a case settlement the soonest time possible. He may immediately need the cash from the settlement, mainly if they have just gotten unemployed. Unfortunately, insurers can attempt to misuse this circumstance by providing an unfair amount of settlement. This is why a victim who only incurred serious injuries must think about accepting the first offer of the insurer right away. Most often than not, the insurer will take advantage of the current situation and will not provide the coverage that the victim deserves.

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If a trial progresses, the victim must also be aware that he might get a tougher resistance from the insurer. The insurance industry profits are expected to go down as the economy grapples to survive, which is why insurers are firm in their efforts to reduce the value of victims’ claims to protect their end more assertively than usual. This could mean that there could be more than one trial to anticipate, or perhaps it may even proceed to a lawsuit.

In other cases, it may be more difficult to collect compensation from a defendant these days. A lot of companies are struggling because of the economic pressures caused by the outbreak, and an uninsured company may be unable to pay. Thus, if the defendant decides to file for bankruptcy, the victim will have to wait for quite a long time to receive the judgment award or the settlement that he is entitled to. What’s worse, he might not even get the full amount.

Medical Care

To make better use of compensation in a personal injury case, the victim must receive medical care as recommended by his doctor or healthcare provider. Medical documentation is necessary for proving the extent of the injury that the victim has suffered and the cost of the injury. While the outbreak is ongoing, a lot of people are hesitant to go to the hospital for their appointments or consultations for fear of getting infected by the virus. This is a valid reason; nevertheless, getting the medical care that he needs is also vital to the value of the claim, which is why victims must try their best to be seen by their doctors while following the necessary social distancing guidelines.

Source: sites.utexas.edu

Health care centers have lately been jam-packed with coronavirus patients, so accident victims might need to wait a long time to acquire medical care. Consequently, settlement of their cases will also take a longer time. They will not be able to determine the full extent of their damages if they do not receive treatment and reach full medical progress.

 

 

 

The Mediation In A Personal Injury Claim

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Every measure of the personal injury claim process impacts the final settlement value. Sometimes, regardless of the damage and injury, not all cases end up the same. Some people receive the right amount they desire, while some do not deserve what they get. Perhaps that is because some individuals are not handling their cases well or maybe doing things the wrong way. Some are not consulting a lawyer, and others tend to let it go. As a result, some receive a settlement claim, and some do not.

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Mediation Process For Resolving Personal Injury Claim

Studies show that almost a huge percentage of personal injury cases settle before reaching a trial. Perhaps that is due to the mediation process involved. It serves as an affordable and less-hassle process of getting a fair settlement of a case. In certain jurisdictions based on some countries, mediation for a personal injury claim is mandatory. That is because it provides effective communication between a claimant and the insurance adjuster. There is the value of creating an impact of what an assessment should worth.

How Does It Work?

Usually, personal injury mediation gets scheduled for a half or full-day, depending on the required schedule that both parties agreed upon. There are five participants involved in the mediation. There are the claimant and his lawyer, the insurance adjuster, and his lawyer as well, and the mediator. These five individuals get set into a situation where they discuss how both parties could end up in a win-win resolution. That is without resorting to an expensive and draining process of going to trial. The mediator, in this particular instance, tries to narrow down the issue by finding both parties’ common ground. He is responsible for reminding both parties about the benefits of a successful resolution instead of dealing with the expenses and complications of a lengthy trial. Typically, the process of mediation begins by allowing each side to speak and listen to each other. It gives a claimant a chance to express how difficult his situation is due to the effects of the incident. Also, it gives the insurance adjuster a chance to think about the possible ways to hand out reasonable settlement offers.

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When Does It Most Likely To Succeed?

The process of having a positive settlement result from the mediation must be organized. That is because insurance adjusters often attend to personal injury mediation with the value they believe is enough settlement for the claimant’s case. That is, of course, based on the evidence they gathered from the claimant’s lawyer. But if the lawyer managed to give a job well-done, the insurance adjuster will start to process the necessary action to work on the claimant’s settlement request properly. That is when the claimant never agreed to the value the insurance adjuster tends to offer at first. The mediation can impact the settlement case by allowing both sides to study more about both parties’ win-win situation.

Mediation can be a good thing too. But for some quite massive damage and life-long injuries, one also needs to consider a trial still.