(844) 815-9632

free consultation

When to Get a Second Lawyer’s Opinion for Your Divorce

Getting a divorce is stressful. Regardless of what state you’re in, the process involves a careful analysis of your finances, assets, holdings, debts and other obligations, as well as potentially an analysis of your fitness to be a parent. Frequently, divorce can have a severe financial and/or emotional impact on one or both parties. In the context of this, sometimes getting a second opinion could be the smartest decision you make. The decision to get a second legal opinion in your divorce case can either resolve your concerns or confirm your fears. If your concerns are resolved and you are able to get some peace of mind, you can consider the money well spent. On the other hand, if you confirm your fears, you should consider the money even more well spent, as you can now work on either changing attorneys or having your current attorney change strategies. How to Get a Second Opinion From a Lawyer Getting a second opinion is as simple as calling or emailing another lawyer and asking for one. While you likely won’t get a free consultation that covers anything of substance, you might get enough of a free consult that you can find out how much it will cost to get a second opinion. When getting a second opinion, you want to provide the reviewing attorney with your entire case file, or as much of it as is requested, before the actual consultation. Also, be prepared to pay either a flat fee or hourly rate. If paying for a second opinion is not readily achievable, you can try to seek out help at free legal clinics, if available in your area. While free legal clinics tend to provide limited consultations, that may be all you need to settle your concerns, or convince you that you need to find a new attorney. When seeking a second opinion, do it as soon as possible so that way you have time to change gears if necessary. Common Concerns With Getting a Second Opinion Many clients become concerned that getting a second opinion from a different lawyer is a slap in the face to their current lawyer. While attorneys appreciate loyal clients, it is unlikely that your attorney will be offended. Attorneys are trained in law school to understand the perspective of the reasonably prudent person, and as such, recognize that getting a second opinion from any professional, be it legal or medical, is simply a prudent action for a person to take. If you tell your attorney that you want a second opinion and they try to dissuade you, that should be a red flag that you really should get a second opinion. Lastly, don’t be surprised if the second-opinion lawyer advises you that your current attorney is doing just fine. While the second-opinion attorney may suggest a new approach, or advise you of the strategy they would have taken, frequently, lawyers will avoid criticizing the work or strategy of other lawyers as there are numerous different paths that can all reach the same result. Related Resources: Dealing with a divorce? Get your case reviewed for free now. (Consumer Injury - Family) Reasons to Fire Your Lawyer (and Get a New One) (FindLaw’s Law and Daily Life) Top 10 Tips for Hiring a Lawyer (FindLaw’s Law and Daily Life) Do’s and Don’ts of Hiring a Friend as Your Lawyer (FindLaw’s Law and Daily Life)
continue reading

When to Sue a Chiropractor for Injury

When a chiropractor’s medical treatment causes a patient injury, that patient may be able to sue. While chiropractors are not medical doctors, they can still be liable for malpractice or professional negligence. State laws differ on what the action might be called, but each cause of action generally considers the same elements to prove a claim against a doctor or a chiropractor. Injures alleged against chiropractors can be serious. For example, it was discovered that a famous model, Katy May, died at the age of 34 allegedly as a result of chiropractic treatment. After suffering from an on-set fall during a photoshoot, she hurt her neck. When the pain did not resolve itself, she sought chiropractic treatment. As a result of the treatment, an artery in her neck was pinched which caused her to have a stroke and die following the treatment.Although this situation may sound like a textbook case of medical negligence, that may not necessarily be the case. Establishing Medical Malpractice Against a Chiropractor Proving a medical malpractice involves showing that your treating doctor did not exercise the usual standard of care that a reasonable doctor, in your doctor’s situation, would have exercised during your treatment, and that it was that failure to exercise that standard of care that caused the injury. What this means is that if your doctor was doing the same thing that any other doctor would have done in their shoes, then regardless of the result, there likely would not be a case. In Ms. May’s case, if a lawsuit is ever filed, it will need to be shown that the chiropractor failed to exercise the usual standard of care that chiropractors generally exercise. For instance, if it is discovered that May did not receive x-rays before having her neck adjusted, then the doctor could possibly be considered to have not exercised the usual standard of care. May’s representative or family would still need to prove that the injury was caused by the chiropractor’s actions, and not some other cause. When to Sue a Medical Professional You generally have at least one year to file your case. In some states, medical malpractice or negligence claims have a different statute of limitations than injury claims. Additionally, there is one important requirement that applies to medical malpractice claims in most states, you may be required to provide notice of the claim to the medical professional, and the hospital, before filing a lawsuit. In California, for instance, you must notify the doctor and hospital within 1 year of discovery (but not more than 3 years from the date of injury), and once you notify them, you have to wait 90 days to file a lawsuit. Deadlines to file lawsuits against medical professionals are strictly enforced, which can be very burdensome especially while dealing with an injury. If you think you have a claim for medical malpractice or negligence against a chiropractor, doctor, dentist, or other health care professional, contact an experienced medical malpractice attorney as soon as possible. Most injury attorneys provide free consultations over the phone and may even be willing to look over your medical records free of cost. Related Resources: Injured in an accident? Get matched with a local attorney. (Consumer Injury) Medical Malpractice (FindLaw’s Learn About the Law) 3 Moms Sue Hospital and Doctor for Botched Deliveries (FindLaw’s Injured) Can You Sue a Doctor for Lying? (FindLaw’s Injured)
continue reading

Top 5 Theme Park Injury Concerns

School is almost out; summer is almost in, and family vacations are right around the corner. For millions of us, that means a trip to Disney World, Sea World, or any of the other theme park worlds nationwide. While a trip to an amusement park is undoubtedly fun, they're not always the safest place on earth. So what happens if you're injured during your Wally World adventure? Here are some common questions and concerns regarding theme park injuries. 1. 5 Personal Injury Lessons From Disney Lawsuits The Happiest Place on Earth is also one of the most litigious places on earth. Any time your open for as long and Disneyland and Disney World and have as many customers, you're bound to see a lawsuit or a few hundred of them. And here's what you can learn from those injury lawsuits filed against Disney. 2. Who's Liable for Waterpark Injuries? There may only be two Disney locations, but there are over 1,000 water parks from coast-to-coast that make cooling off from global warming a fun family affair. Generally, theme parks are responsible for the safety of their rides and attractions, but there are some extra concerns when it comes to patron safety in water parks. 3. Will SeaWorld Death End Killer Whale Shows? While the latest controversy about SeaWorld's killer whale shows came from concern of the wellbeing of the whales, there have also been injuries and deaths to trainers too. Just like parks have a responsibility for customer safety, they are responsible for their employees' safety as well. And workers' compensation claims against theme parks are commonplace. 4. Theme-Park Suits Rarely See Courtrooms Most theme parks want to avoid the negative publicity associated with a personal injury lawsuit, and will do their best to settle the case before it ever goes to trial. Additionally, many parks have customers sign a liability waiver in an attempt to absolve them from legal responsibility. While these waivers can deter some lawsuits, they are not always enforceable. 5. 5 Ways to Sue Over Theme Park Injuries Despite a theme park's best intentions to avoid customer injuries, they do happen. And despite a theme park's best efforts to avoid litigation, there are ways to sue a theme park if you are injured at one. The best way to know whether you have a case against a theme park is to ask an experienced personal injury attorney. Many offer free consultations, so contact one in your area today. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Six Flags Death: Woman Falls From Coaster (FindLaw's Injured) NY Six Flags Sued Over Norovirus Outbreak (FindLaw's Injured) 'Brain-Eating' Amoeba Scare Closes Water Park (FindLaw's Injured)
continue reading

How Do Free Consultations Work in Personal Injury Cases?

Many personal injury attorneys offer free consultations. This allows a lawyer to learn more about the facts surrounding your case before deciding to take you on as a client. As the first step in the process of pursuing a potential personal injury claim, your initial meeting with an attorney will also be an opportunity for you to find out more about your legal options and to get a feel for whether you and the attorney would work well together. But how do these initial meetings work? And what should you expect from a free consultation with a personal injury attorney? Setting Up, Preparing for a Consultation Attorneys who offer free consultations generally make it clear on their websites or in advertisements that they will review an injury claim for free. Setting up a consultation with an attorney who offers these consultations is typically as easy as calling the attorney's office or filling out a form on the attorney's website. In order to get the most out of a consultation and to make sure the attorney has everything he or she needs to assess your case, you will need to do some preparation for your consultation. It's a good idea to make a list of questions you want to ask the attorney, about your case and about his or her experience and fee arrangement. You should also make a list of things to bring with you to your consultation. This list should include: Medical records; Receipts for any expenses you've incurred because of your injury; Police reports, if any; Insurance information; Paystubs, which may help in claiming lost wages; and Any legal documents or correspondence from other potential parties in the lawsuit or insurance companies. What to Expect at Your Consultation Consultations typically last around 30 minutes to an hour, but can last longer, so be sure to allow for extra time if needed. The lawyer will have questions for you about your injury, your medical treatment, and other facts regarding your potential case. Before deciding on whether to take or decline your case, the attorney may want to take time to consider the information you have provided, or may suggest that you seek further medical advice regarding your injury. In some cases, the attorney may refer you to another lawyer, if he or she cannot take your case for any number of reasons. You should also feel free to consult with more than one attorney before deciding which one to work with. Meeting with several different attorneys can often provide you with more information regarding the merits of your case. Find more tips on the initial steps to take following an injury or accident, including meeting with an attorney, at FindLaw's section on First Steps After an Injury. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) 5 Things a Personal Injury Lawyer Can Do (That You Probably Can't) (FindLaw's Injured) When Will Lawyers Answer Questions for Free? (FindLaw's Law and Daily Life) How Much Is Your Personal Injury Case Worth? (FindLaw's Injured)
continue reading