Pages Navigation Menu


The Law Enforced

ATM Crime And Personal Injury Lawsuits: What You Need To Know

Posted by on Apr 19, 2016 in Uncategorized | Comments Off on ATM Crime And Personal Injury Lawsuits: What You Need To Know

Automated teller machines (or ATMs) are a regular part of daily banking activity in the United States. In fact, studies show that nearly 75 percent of American consumers regularly use ATMs as part of their everyday banking activities. When you withdraw cash from one of these machines, you probably wouldn’t even consider the risk that you could suffer an injury, but ATM crime in the United States is not as unusual as you might think. If you or someone you love falls victim to an ATM crime, find out how you could file a personal injury lawsuit to get compensation for your injuries. The risk of ATM crime According to surveys conducted by American banking associations, there is one ATM crime for every 3.5 million transactions that takes place in the United States. Of course, the risk of ATM crime varies between states, cities and banks, but statistics show that you are not always as safe as you might expect when withdrawing cash from an ATM. What’s more, consumers are at risk of various types of ATM-related crime. Non-fatal ATM-related crimes can include rape, shooting, carjacking and kidnapping, all of which can result in life-changing injuries. So when would you file a personal injury lawsuit in these circumstances? ATM crime and negligent or inadequate security Banks and other organizations that install ATMs for customers obviously cannot control the behavior of opportunistic thieves. However, financial institutions have a responsibility to make sure their premises are as safe as possible, and this liability extends to customer ATMs. Given the temptation that an ATM may offer to a potential thief, banks must take steps to discourage criminal activities, and there are various circumstances in which a court may decide that there was inadequate security in place. Examples include: A lack of working security cameras. Poor lighting. Problems with shrubbery, signage and other obstructions that could conceal a crime. Lack of security guards in high-risk areas. If you are the victim of an ATM-related crime, you may have grounds to file a personal injury lawsuit if you can prove that the bank’s premises were not safe enough. The principles of premises liability Premises liability holds property owners liable for accidents and injuries that take place on their property. This definition can include crime-related injuries if you can show that the crime occurred (or was more serious) as a result of the property owner’s negligence. In the case of a crime that occurs while you use an ATM, state laws would generally protect you as an invitee because the bank or financial institution invites you to to use the machine. In doing so, the property owner must take reasonable steps to assure your safety while you use the ATM. Proving liability Some state laws afford consumers greater protection than others in premises liability cases, especially when it comes to ATM-related crime. For example, in Florida, state laws say that financial institutions must install certain safety devices on ATMs. These include: Adequate lighting during darkness in parking and ATM access areas. Reflective mirrors on all ATMs, so you can see anyone suspicious behind you. A height limit of three feet on any shrubs or other features that could obstruct vision while you use the machine. As such, if you live in a state like Florida,...

read more

Grin And Bear It–Helping Your Child Cope With Divorce By Maintaining A Positive Attitude

Posted by on Mar 31, 2016 in Uncategorized | Comments Off on Grin And Bear It–Helping Your Child Cope With Divorce By Maintaining A Positive Attitude

The time leading up to your divorce is a difficult trial. All of the negativity, pain, and anger that caused you and your partner to reach this point seem to come to a head. It can be overwhelming, and no one would judge you for not being at your best in the face of this adversity. However, your child’s well-being depends on you being strong during this difficult time.  The statistics regarding children and divorce are sobering. If you aren’t able to find a way to help your child cope with the new state of their family, they are at risk for a number of problems later in life. These include: Academic struggles Juvenile delinquency Drug and alcohol use Risky sexual behavior The key to helping your child avoid these pitfalls is to work diligently to create a sustainable, meaningful partnership with your ex. That way, your child will continue to have support from two loving parents. However, this feat is often easier said than done. A positive attitude for both you and your child can make this goal a much more likely outcome. Positivity With Your Spouse Your child needs to feel that they aren’t being forced to take sides or choose between their parents. Unfortunately, you’re probably not feeling all that unified with your spouse as you travel to meetings with your attorney regarding your split. That’s because your previous relationship defined unity and partnership in a much different way than the current state of affairs demands. For starters, focus on the fact that you’re no longer looking for personal comfort by continuing the partnership. Instead, remember that you’re trying to create an environment that can effectively meet the needs of your child. If you continue to look for the strength and satisfaction that your spouse used to provide, you’ll simply be disappointed. On the other hand, if you acknowledge that this new relationship isn’t about your needs anymore, you’ll have an easier time. Also, be extremely aware of your language and demeanor when speaking openly with your spouse. Children, no matter what age, are quite perceptive when it comes to reading the feelings and subtext that their parents communicate. Be sure that the conversation you’re having is appropriate for your audience. Positivity With Your Child If you think that this experience has you on an emotional roller coaster, imagine what it could be like for your child. Dealing with such powerful emotions is difficult at any age. They will need the support of both you and your spouse, or they could end up blaming themselves for the current state of their family. Even though you may feel exhausted, the key to helping your child is through consistent, intentional expressions of love and value. Make it a point to reach out to your child every day and explain how much you care for them and how valuable they are. Also, encourage your spouse to do the same, even if you can’t stand the thought of it. Both parties in a divorce need to make sure they aren’t sending the message to their child that they should choose sides. Positivity With Yourself None of the difficult work that goes into being positive with your spouse and child is possible if you don’t take care of yourself. If you’re...

read more

Worker’s Compensation & Future Damages: 5 Factors That Can Impact A Settlement

Posted by on Feb 29, 2016 in Uncategorized | Comments Off on Worker’s Compensation & Future Damages: 5 Factors That Can Impact A Settlement

After getting injured on the job and being unable to work, it’s easy to focus on the current salary and paycheck that you are losing on a weekly basis. As you seek professional help for a worker’s compensation case, it’s also important to look at the big picture and future of your case. The future damages is an important aspect that can impact your final settlement amount and any future payments. By working with an attorney, you can sort out the following five factors and help calculate an ideal settlement for your case. Future Promotions If you’ve been working at a job for a while, you’ve likely been moving your way up the ladder. With each promotion, you enjoyed a pay raise and extra benefits. Even if you’re no longer able to work, the possibility of promotions could have an impact on the costs of future damages. One thing that your attorney will look at is past promotions. This includes the length of time it took to move to the new position, the salary increase, and any possible changes in work hours. Along with your own positioning, the rise of similar employees could be used as evidence. For example, if someone in your old position recently got a promotion, they could use that as evidence of your potential move up the company ladder. Company openings and retirements may also be looked into for your potential rise in the company and future damages that have occurred. Annual Pay Raises Along with any possible promotions, pay raises are a big factor in your future damages. If you received an annual raise at the position, then your attorney will factor in these future raises for your possible settlement. This may be a set money amount or a raise based on the percentage of your paycheck. Used old pay subs and tax information to showcase your growths in income and help the attorney calculate raises for the future. If you were only making minimum wage, this could still factor into your future damages. An attorney can calculate any raises in your state’s minimum wage and do the math to figure out what your future income would have been. Job Training & Future Options If you were looking to expand on your current job skills, that could have been impacted and result in a large loss of future wages. By determining any classes or workshops that you were in, an attorney could have estimated the time it would take to graduate and put those job skills to use. For example, if you were a teacher taking classes to become an administrator, your whole career path may have been derailed. An attorney would estimate the costs of classes, potential career start dates, and the salaries that you would have earned with these improvements. Paid Hobbies If your work injury impacted other sources of income in your life, then your attorney may seek future damages for the losses. For example, if you sold Christmas crafts each year, your attorney can help account for the annual income that it added and how that income will be lost in the future. Another example involves fishing and hunting. If you sold fish or meat from hunting, your lost income could become a part of the damages that you seek...

read more

Damages You May Be Awarded Following A Car Crash And How They Are Taxed

Posted by on Feb 1, 2016 in Uncategorized | Comments Off on Damages You May Be Awarded Following A Car Crash And How They Are Taxed

If you were injured in a car accident and have filed a personal injury claim, you may be wondering how much money you will receive for a settlement. The amount you receive varies based on several factors and is generally broken down into four different categories. Learning what these categories are, and how they are taxed, will help give you an idea as to what types of compensation you may be entitled to. Loss of Income Loss of income is a common type of compensation that someone may receive following a car accident. If you are unable to work because of the accident, you will be compensated for the time you missed. This also comes into play if you are only able to work part-time following your injuries. If you are so injured that you are unable to return to your job, you will receive compensation based on your employable skills and your restrictions. A judge will then make an opinion call as to how long it should take you to find work you can do or retrain into a position that you can do. Lost compensation can also be included in this category. If you regularly receive a bonus, raise or other financial compensation, and miss out on it due to your injuries and inability to work, you will often be awarded this amount in your settlement. If you are awarded loss of income compensation, this money will generally not be considered taxable by the federal government unless the personal injury lawsuit was filed against your employer, such as another employee causing a car crash while you were on a business trip. However, keep in mind that some states will require you to pay state income taxes on your loss of income settlement, so be sure to check with your attorney or tax professional when it comes to this topic. Medical Expenses Medical expenses are one of the most common types of compensation that someone receives in a car crash settlement. Medical expenses are designed to compensate you for any past, current and future medical bills related to the injuries you sustained in the car accident. The medical care you receive is designed to get you as close to pre-car accident condition as possible. As such, if you already have a back injury, and you re-injure your back, the compensation you receive is not designed to heal your back, since it was already hurt. Instead, it is designed to get you to the point you were already at when the accident occurred. Medical expenses may include doctor’s visits, physical therapy, massage, chiropractic care, medications, and any medical devices that may be needed, such as walkers and wheelchairs. The amount you receive varies based on how much your current medical bills amount to and how much medical care your primary treating physician feels you will need in the future. This type of expense is known as general damages and is not subject to taxation. Punitive Damages Punitive damages are awarded if you can prove that the other party has acted negligently. In the case of car accidents, this may include driving while under the influence or driving while texting. These damages are mainly designed to punish the other party for acting in a reckless manner. If you are awarded...

read more

Why You Shouldn’t Sign A Binding Arbitration Clause When Sending Your Loved One To A Nursing Home

Posted by on Jan 6, 2016 in Uncategorized | Comments Off on Why You Shouldn’t Sign A Binding Arbitration Clause When Sending Your Loved One To A Nursing Home

When a parent or family member needs intensive medical care to deal with illness or age, making the transition is overwhelming enough you may not realize what you’re signing. A legal agreement mixed into the usual entry paperwork package could create big problems later if the unthinkable happens. Discover why signing a binding arbitration clause interferes with your ability to bring a personal injury claim against a nursing home, even in cases of negligence. The Facts About the Clause This complex-sounding clause is actually quite simple in terminology and often only takes up a few paragraphs or a single page of the general contract with the nursing home. The text outlines an agreement in which you and the nursing home settle all disputes through a private third-party arbitrator instead of going to court. This can cost you hundreds or even thousands of dollars because you usually also agree to pay half of the arbitration fees, even if you win the dispute. Professional arbitrators charge hundreds of dollars per hour and may rule in favor of the home no matter what evidence you present. The Limits and Legal Support Despite the serious accidents that occur in serious negligence personal injury and wrongful death cases, these issues are still settled out of court when both parties have signed this kind of clause. This is why it’s crucial to thoroughly read all entrance paperwork before signing it, whether you’re checking your loved one into a public hospital or a privately-run facility. Even if you claim you didn’t understand exactly what you were signing at the time, you’re almost always locked into the arbitration model after signing this contract. In fact, the Supreme Court recently upheld the legality of this practice in this exact industry, so don’t automatically expect a district judge to reverse the order and bring your case to court. The Impact on Negligence Cases The problems caused by keeping a legitimate personal injury claim out of the courts goes beyond the lack of compensation and support for the victim and their family. When negligence is involved on an employee’s end or by the entire nursing home staff, settling with a private arbitrator prevents Public announcements from being made about the results of the case, exposing the issue to a wider audience Victims from joining class action lawsuits, except in a few states that specifically allow that action Case law from being changed by the individual decisions adding up over the years Employees or supervisors from being fired for their actions, unless the arbitrator makes it a condition for the settlement. In fact, many families choose to follow through with a personal injury claim mainly to improve the overall safety and oversight in the nursing home industry. They don’t get this option if they’ve signed away their rights to go to court. The Alternatives for Caretakers and Family Members Be prepared to negotiate with the nursing home if you find a clause like this when reviewing the paperwork you’ve already signed. If they won’t agree to sign an alternative contract allowing for court mediation or legal proceedings, consider finding a new establishment on this principle alone. It only takes one honest mistake to permanently affect your loved one’s health, so you need the security of being able to bring negligence to...

read more

Frequently Asked Questions About Workers Compensation Attorneys

Posted by on Dec 11, 2015 in Uncategorized | Comments Off on Frequently Asked Questions About Workers Compensation Attorneys

If you have been injured on the job and require medical attention, your employer is required to file a workers compensation claim with their insurance provider for you. This claim entitles you to be reimbursed for your medical care, any money you lose if the doctor deems you are unable to work due to your injuries, and possibly to recover money for future medical expenses and injuries with permanent effects. If you are in this position, you may be wondering whether you should hire a workers compensation attorney. Getting answers to the questions you have about this type of lawyer will help you decide. Under What Circumstance Should I Consider Hiring a Workers Compensation Attorney? If you are injured on the job, and a workers compensation claim is filed, you always have the option of hiring an attorney. However, if your injuries are relatively small or you are not missing any time from work, there may be little benefit to hiring an attorney. If you have substantial injuries, are missing a lot of time from work, the insurance company delays or denies your claim or your employer is refusing to file a claim on your behalf, you may find hiring an attorney to beneficial. Complex cases can be challenging on your own, which is why hiring an attorney is a great course of action in that circumstance. What Are the Benefits to Hiring a Workers Compensation Attorney? If you are considering hiring a workers compensation attorney, you may be wondering what the benefits to hiring one are. One of the biggest benefits is that they will handle your case for you. They will deal with your employer and insurance company on your behalf. They will file necessary letters and paperwork with the courts. And they will work to get you a fair settlement. Another benefit to hiring a workers compensation attorney is that they can ensure you get the medical care you need with great doctors. Due to the complex reporting system and fee schedule, some doctors will not work with workers compensation patients. This can limit who you can see. An attorney will already know which doctors will treat you on a lien basis, helping you to get the care you need to heal and the reports you need to substantiate your claim, with no out-of-pocket expenses. I Don’t Have Money. Can I Still Get an Attorney? If you don’t have money, and are now unable to work, you may be wondering how you can possibly afford an attorney to help you with your workers compensation case. Luckily, the majority of workers compensation attorneys take a percentage of your settlement, rather than charging you an upfront or hourly fee. When your claim settles, the attorney gets paid, helping you to get the representation you need without you having to come up with the money up-front. Can My Employer Fire or Demote Me for Hiring an Attorney? If you were injured on the job, and are thinking about hiring an attorney, you may feel your employer will retaliate and demote or fire you. However, a company is not allowed to fire or demote any employee for hiring a workers compensation attorney. Employees are protected by various state and federal laws to prevent such occurrences from happening. If an employer...

read more

Common Legal Mistakes New Business Owners Should Avoid

Posted by on Nov 10, 2015 in Uncategorized | Comments Off on Common Legal Mistakes New Business Owners Should Avoid

Being a new business owner can be overwhelming. After all, it’s tough to tell where to start when it comes to the legal requirements and expectations, financial management and day to day operations. The best thing you can do as a new business owner is to ensure that you are legally protected. It’s important to have a corporate attorney on retainer, but you should also make sure that you understand some of the most common legal mistakes that new business owners make, many of which can land you in legal trouble. Here’s a look at some of the mistakes that you’ll want to avoid. Overstructuring the Business When you’re starting a small business, it’s easy to get lost in the structuring paperwork and create it with grand visions of your business growing rapidly. Don’t try to structure your business as though it were a multi-million dollar enterprise if you’re a sole proprietor. Instead, work with a corporate law specialist who can help you choose the business structure that’s going to be the best fit for you. That way, you’ll have the flexibility later to adjust the structure documents as needed when you grow without being bound to stringent regulations that you weren’t really prepared for as a new business. Not Completing Your Incorporation Properly If you’re incorporating your small business, you need to be sure that you complete the entire process. While there are some free resources online that may make it seem like all you need is just Articles of Incorporation, there are many other steps that you don’t want to miss. If the incorporation isn’t done correctly, you’re likely to find yourself without the necessary liability protections that you need personally. And, if the IRS doesn’t recognize your business as a legitimate corporation, that can lead to tax liabilities and penalties that could cripple the finances of your business. By having your Articles of Incorporation and other documents created specifically for your business, you’ll have the confidence that they are correct, suitable for your operation and enforceable in court. Thinking You Have to Incorporate While incorporation may seem like it’s the only option, you don’t have to go through the legal process of incorporation just to own a business. In fact, incorporating is only really necessary if you’re looking to legally establish a partnership or you have liability concerns and want to protect yourself. Otherwise, forming a sole proprietorship is likely to be sufficient. Hiring Employees Unnecessarily Another common mistake that new business owners make is rushing to hire staff that they don’t really need. Hiring employees requires you to register as an employer, which means keeping track of hours, pay, taxes and employer liability. You’ll also need to pay unemployment tax, withhold income taxes and pay for worker’s compensation protection. Not to mention, you’ll need to be sure that you’re labeling your contractors and employees appropriately according to the IRS; otherwise, you’re risking serious penalties. Not Protecting Your Intellectual Property Another thing that a corporate attorney is likely to encourage you to do is take the steps to protect your intellectual property. Whether you’re dealing with product development, software creation, music, writing or any other creation, you’ll want to file for copyright or patent protection for those things. You’ll also want to consider protection for your...

read more

If You Believe These 3 Personal Injury Claims Myths, You’re Gonna Have A Bad Time With Your Case

Posted by on Oct 14, 2015 in Uncategorized | Comments Off on If You Believe These 3 Personal Injury Claims Myths, You’re Gonna Have A Bad Time With Your Case

Through a combination of the media sensationalizing legal cases, movies and television show romanticizing the legal process, and legislators politicizing certain aspects of personal injury cases, quite a few myths about personal injury claims have developed over the years. However, some are more troublesome than others. Here are three myths about personal injury claims that can actually cause problems for you if you believe them. Myth #1 – “The Case is Worth One Gazillion Dollars” Possibly one of the most insidious personal injury myths is that the case will result in a multi-million dollar windfall for the plaintiff. In reality, the vast majority of personal injury cases do not result in million-dollar settlements or even hundred-thousand dollar awards. The only reason it appears that way is because the few cases that do reach these levels garner an excessive amount of media attention, which skews plaintiff expectations. In fact, in 2005, the median amount of damages plaintiffs received was $31,000. People in auto accidents received a median average of $16,000. The big payouts occurred in medical malpractice and product liability cases, but these types of cases aren’t litigated very often. It’s important to set your expectations for recovery at a realistic level by critically evaluating your actual economic damages (property damage, lost wages) and adding a reasonable amount for non-economic damages if appropriate. You’ll also need to factor in expenditures such as attorney’s fees and court costs. This will help you avoid pricey mistakes such as continuing to litigate the case to get more money and ending up with less due to increased legal expenses. Myth #2 – “He Who Receives the Citation Shall Be Liable” Another prevailing myth in personal injury cases is that a citation or disciplinary action taken against the defendant automatically implicates the individual as the liable party. For instance, the police give someone involved in a traffic accident a ticket for speeding. The plaintiff may assume this means the police believed the individual was responsible for causing the accident; otherwise they wouldn’t have cited him or her. The reality is citations, tickets, and other disciplinary actions don’t automatically prove liability. At most, these items can serve as corroborating evidence of wrongdoing. For example, a doctor can be disciplined by the medical board for prescribing medication to patients in an unethical manner. This, by itself, doesn’t prove the doctor prescribed the wrong medication in a current medical negligence case, but it can show a history of problematic behavior that may support the plaintiff’s claim of harm. However, you could bring in a cabinet full of citations levied against the defendant and still lose your case if you don’t have anything showing the person was actually responsible for causing the injury. The majority of legal claims list the factors plaintiffs are required to show to prove the defendant is liable for injuries. Work with an attorney to sift through all of the photos, paperwork, and testimonies to uncover the things that will help you make the most compelling case to the court. Myth #3 – “You Can Still Sue If the Settlement Amount is Too Small” This myth is actually true if, and only if, the plaintiff in the case hasn’t already accepted the settlement offer from the defendant. If you and the defendant are still in...

read more

Whiplash Injuries: What To Expect After An Auto Accident

Posted by on Sep 22, 2015 in Uncategorized | Comments Off on Whiplash Injuries: What To Expect After An Auto Accident

Are you experiencing neck pain and stiffness after a recent low-speed rear impact car accident? Chances are you are suffering from an injury known as whiplash. Approximately half of all ongoing neck pain that Americans experience is the result of car crashes, typically those involving low-speed rear impact accidents. If you are suffering from neck pain after a car crash, there are some things you need to know. Late-Development Symptoms Although whiplash is often viewed as a mild injury compared to other forms of injury, it can still cause long-term, chronic pain. In some instances, it may cause permanent disability. If you have suffered a neck injury, such as whiplash, you may be able to pursue a lawsuit against the other driver involved in the accident. Even if a paramedic or emergency room doctor did not diagnose you with whiplash the day your accident occurred, that does not mean you are not suffering. In fact, whiplash is typically a late-appearing injury, meaning you may not experience symptoms until the day after your accident. To begin with, your body likely released endorphins that helped block pain immediately after the incident. Once the endorphins wear off, the pain sets in, alerting you to a problem. The following are various symptoms of whiplash that you need to watch out for: Stiff neck or inability to move the neck without experiencing pain Stiffness throughout the shoulders and down through the arms Muscle spasms, particularly in the affected areas of the neck, shoulders, and arms Dizziness Headaches Blurred vision Although less common, serious symptoms may also appear, such as: Ringing sound in the ears Inability to sleep Issues with concentration and memory Irritability If you experience any of the symptoms above, make sure you visit your physician or an urgent care professional immediately for diagnosis. The sooner you receive a diagnosis after your accident, the better your chances of filing a lawsuit. Requests for Specific Documents Judges and lawyers prefer documentation proving the severity of your injuries. As soon as you have medical proof of your injury in hand, file your lawsuit injury claim. Your best bet is to reach out to an auto accident lawyer from a firm like Gibbs and Parnell for assistance. The lawyer can review your documents and help you proceed in filing your claim. Make sure you continue to follow up with your doctor so you can document the length of your injury. If your injury proves severe enough, continued visits to the doctor can assist you in building a winning case. Additionally, you will need documentation if your injury proves long-term or disabling. Aside from requesting information from your doctor regarding your injuries, make sure you also request any medical bills. Bring your medicals bills to the court. You can include the medical cost of your injury along with your auto accident lawsuit. Another important piece of documentation you should request is one that shows how much time you have missed from work because of your injury. Have your employer print off a letter to verify days and hours you have missed. Figure up approximately how many hours and how much pay your missed time accounts for and bring it before the judge. Talk to your accident attorney about including any time missed from work in your lawsuit. In...

read more

How Class Action Lawsuits Work

Posted by on Aug 31, 2015 in Uncategorized | Comments Off on How Class Action Lawsuits Work

If you have ever received a postcard in the mail notifying you that you can take part in a class action lawsuit against a particular company, you may be wondering how this whole process really works. A class action lawsuit is one that involves two or more plaintiffs, but many class action lawsuits include hundreds of plaintiffs. A commercial litigation attorney is typically hired to handle the work for the plaintiffs, and this is the person working on your behalf. Here are the three main steps used in a class action lawsuit. Find Plaintiffs When you receive a postcard or letter about a possible class action lawsuit, have you ever wondered why you received it? The case probably started with one person coming forward with an issue. After the lawyer reviews the claim of this one person, he or she might realize that this person is not alone. If this is the case, the lawyer will look for all potential victims that may have also experienced the same harm or risks that the original plaintiff is claiming. To find all potential plaintiffs, the lawyer may send notifications to all current and past customers of the business the charges are against. When people receive these notices, they have the option of taking part in the case or not. To take part, the person may have to respond by mail, phone, or online. When you decide to take part in a case, you may be asked to sign a form. This form is typically designed to state that you were affected by this claim, and that you are telling the truth about it. Each person that fills out the form for the case becomes a plaintiff in the class action lawsuit. Proving Fault While a class action lawsuit may have hundreds of plaintiffs, these individuals will not receive any money from the case unless the commercial litigation lawyer can prove that the defendant is guilty of the claim being made. In most cases, the lawyer handling the case will begin to research the claim before he or she looks for plaintiffs to join the case. This is important because it’s not wise to look for plaintiffs for a case that will result in a loss. As the lawyer begins examining the initial claim, he or she might soon realize that there is a sufficient amount of evidence to prove the claim is true. The lawyer will continue gathering evidence to support the claim, and eventually the case will be handled through mediation or court. Negotiating the Case The third step is negotiations. The commercial litigation lawyer will work with the defendant and his or her attorneys to come up with a resolution. The best way to do this is through mediation, which involves working with a neutral third party. The goal of mediation is to work out an agreement without going to court, and this method is preferred because it is usually faster and cheaper. Once the settlement amount is determined, the commercial litigation lawyer will divide it up. The lawyer may receive around 25% of the entire settlement amount, and this comes out first. This money is used to cover fees involved with the case, as well as the salary for the lawyer. The rest of the money is divided...

read more