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What To Do If You Were Involved In A Fatal Car Accident

Posted by on Nov 24, 2014 in Uncategorized | 0 comments

Being involved in a fatal car accident is a very confusing a scary time. If law enforcement proves you caused the accident, you could be facing many charges against you including reckless driving and vehicular homicide. It’s important to know your rights and retain a good lawyer. No one should have to sit in jail for an accident. If you were recently involved in a fatal crash, or just want to know what to do if it ever happens, here is some advice on what to do after the fact; along with some charges that you could be facing. Remain Silent Whenever you watch crime shows, you see police tell someone they’ve arrested that they have the right to remain silent. That is part of your Miranda rights, and it is absolutely true. It’s better to stay quiet than say something that could hurt you later in court. The police will write down everything that you say to them, and it could be used against you later on. Even if you are just telling the police it was an accident and you’re sorry, you are still admitting fault. Don’t say anything until you have a lawyer such as Mac Greco Jr PA present. Wait to File Your Insurance Claim Different states have a different statute of limitations when it comes to filing an auto insurance claim. The statute of limitations is the amount of time you legally have to file the claim after the accident occurred. You have a right to wait and file anytime within your state’s statute of limitations. Speak to your lawyer before filing your insurance claim. If an insurance representative calls you, don’t answer or tell him or her you will call back. Anything you say to the insurance representative can be used against you in court just like law enforcement. Your lawyer will either coach you for your conversation with your insurance company, or tell you to wait to file until after court proceedings are over. Types of Charges You could be facing several different charges depending on the specifics of the accident. Here are some common charges brought against people in fatal car accident cases. Vehicular manslaughter This charge means that you caused death while driving your automobile illegally. Illegal driving could mean speeding, reckless driving, and/or driving while intoxicated. Vehicular manslaughter could result in either a misdemeanor or a felony depending on the severity and circumstances. A misdemeanor can result in just a fine or up to a year in county jail. A felony will result in a sentence in state prison. This charge is basically involuntary manslaughter with a vehicle. Death Due to DUI/DWI If the car accident occurred while you were under the influence of drugs or alcohol, you could be facing DUI charges. While these charges alone are bad enough, the charges along with a fatal car accident could bring much harsher punishment by a judge. Police cannot charge you with a DUI or DWI just because they assume you were under the influence. A blood test showing your blood alcohol content at the time of the accident or a drug test has to be administered as proof. In some states, they have to prove that your impairment directly caused the death. For example, if prosecution proves that the circumstances...

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Family Law – How To Avoid Legal Battles During The Adoption Process

Posted by on Nov 20, 2014 in Uncategorized | 0 comments

If you are currently considering adopting a child, then you should know that most adoptions take about 12 months to complete. The process can be long and difficult, and it is in your best interest to hire a family law attorney to help you through your adoption journey. Once you hire the lawyer, make sure that the following things are done so that future legal issues do not arise. Make Sure Parental Rights are Waved You have many options available to you when you want to adopt a child, and some individuals decide to adopt a baby directly from the mother. This can be a good way to forego the fees and delays that arise with an adoption agency. Some mothers will claim that they do not know the father of the child or they do not know where to locate him. When this happens, your attorney can draft paperwork that asks the mother alone to sign over the parental rights of the child to you. Find the Biological Father If the mother alone signs over her rights, then the father of your adoptive child can later seek custody after the adoption is approved by the court. The putative father can ask the court to order a paternity test and the initial adoption can be overturned if the father wants custody. Depending on the circumstances, you may be able to keep the child, but this often occurs after a lengthy and expensive legal battle.   You can completely avoid putative father issues by asking your attorney to search the putative father registry in your state to see if the father has taken responsibility for the birth of the child. If the father is not registered with the state, then your attorney can hire a private investigator to try and locate the father.   Once the father is found, your attorney will ask the father to sign over parental rights. A letter also may be sent to the father that indicates that the adoption process has been started. The individual will then need to show up at court to contest the adoption. Be Smart About Costs If you have decided to adopt a child directly from a pregnant mother, then you can expect to pay a wide variety of fees associated with the pregnancy and adoption. Generally, the adoptive parents will be asked to pay for court costs, direct adoption fees, and medical expenses. Medical expenses are  often considered the most expensive, especially if the mother does not have health insurance. Hospital fees, test costs, and the total cost of the labor may need to be paid by you. Every state has its own laws regarding the types of expenses and fees you can pay. Some states will allow you to pay for the mother’s living expenses until the child is born, while others only allow you to cover medical costs and adoption fees. Make sure to check to see what is allowed in your state. If you pay expenses that are not allowed, then the court may feel that you are trying to pay for the child directly. It is illegal to buy a baby in the United States and your adoption may be denied by the court. Draft a Contract Even if you follow all the state regulations, then you still...

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More Men Are Filing Sexual Harassment Lawsuits. Here Are 3 Reasons Why

Posted by on Nov 19, 2014 in Uncategorized | 0 comments

Up until recently, it was very rare for a man to avail himself of his rights under the sexual harassment laws. These were seen as a means to protect women from discrimination and harassment on the job, which was and still is a big problem. The laws provided equal protection to men, but the idea of a sexual harassment lawsuit by a man was unusual. This trend is gradually changing, however. In the years from 1990 to 2009, the number of men filing sexual harassment lawsuits increased from 8 percent of all harassment claims to 16 percent. In fact, the number of men filing sexual harassment claims is increasing, even though overall numbers of such claims among both genders are decreasing. What are the reasons for the increase in the number of men who are filing sexual harassment lawsuits? Here are three probable causes. 1. Men Are Becoming Less Embarrassed About Reporting Harassment In the past, many men may not have come forward with sexual harassment claims because they were embarrassed about it. This has traditionally been especially true when the harassment was coming from other men. There has been a pervading perception in society that men should be happy for the attention if it is from women, and that they should feel shame if it is coming from other men. As society moves more toward real equality between the genders, more men who have experienced sexual harassment are feeling confident in moving forward with sexual harassment claims. There is less of a stigma attached to it. In fact, the more men who come forward with a sexual harassment lawyer by their side, the less stigma there will be for other men to do so, too. 2. More People Believe Men Experience Sexual Harassment In the past, a man who claimed sexual harassment may not have been believed. There is a pervasive belief in society that men welcome the sexual attentions of men or women, based on their sexual preference. Even if they don’t welcome it, many people have believed they somehow encouraged it. Examples from news headlines have proven that men do indeed experience sexual harassment on the job, at home, and while they are out and about in society. According to Inc.com., the fact that this has even been highlighted as a reality in such popular movies as Disclosure and Horrible Bosses (where female characters were openly sexually harassing their male employees) has gone a long way toward giving credence to the sexual harassment claims of the men who make them. 3. Men Are Less Afraid of Losing Their Jobs Over Sexual Harassment Claims Just as women were once reluctant to bring sexual harassment lawsuits for fear of losing their jobs, it was the same for men. People often were fired if they “rocked the boat” by bringing a harassment lawsuit. Lawsuits that resulted in the woman being reinstated in her job and/or getting back pay for the time she was fired (plus an award for the sexual harassment she suffered) have made men just as bold in bringing similar lawsuits. They know they will not be fired for claiming sexual harassment if the harassment is real. If they are, they are confident this will be overturned in court, and it often is. Instead, it is now...

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Receiving Worker’s Compensation? What You Need To Know About Your Nurse Case Manager

Posted by on Nov 18, 2014 in Uncategorized | 0 comments

If you are receiving worker’s compensation you may have a nurse case manager assigned to your case. While there are generally clear guidelines for your nurse case manager, you may feel that he or she is a bit intrusive on your privacy. It’s important to understand the role of your nurse case manager. That way, you may be able to determine if the actions he or she takes are appropriate or not. Here’s what you need to know. What Does a Nurse Case Manager Do? A nurse case manager facilitates treatment by arranging appointments with various medical professionals and discusses your treatment with them. He or she may schedule appointments on your behalf to suit your schedule as well as their own. Another role of a nurse case manager (NCM) is to get you back on your feet again so you can return to work—all while containing the costs of your treatment. He or she reports back to the entity that hired them on a regular basis. Who Does Your NCM Work For? Your NCM works for the insurance company, your employer, or a 3rd party administrator if your employer is self-insured. This person acts as a liaison between you, your medical team, your employer, and the entity who hired them. However, he or she is not a non-biased party. Does that Mean there Is a Conflict of Interest? While it’s true that your NCM likely does want to see you recover from your work-related injuries, his or her main role is not to expedite your recovery for your sake—but for the sake of the insurance company. Generally, a NCM may appear to be on your side, but in all honesty they are not. Since the costs of your treatment are covered by the insurance company, and one of the roles of your NCM is to contain those costs, it may mean a conflict in interest. You may feel that your NCM is trying to move things along too quickly without allowing you time to recover. However, he or she cannot decide what your treatment will be or how long it will take. That is the job of your doctor. Will Your Doctor Work with Your NCM? Your NCM will be present at all your appointments, but this doesn’t mean that he or she needs to be in the room with you during your examinations if you do not want them tagging along. After your exam, your NCM will talk with your doctor about the exam and to discuss treatment. It’s a good idea to be there when these discussions take place. Your doctor will discuss your case with your NCM because, ultimately, it’s their employer who is paying your medical bills. However, this doesn’t mean that your doctor is required to agree with any recommendations or suggestions given by your NCM about your treatment. Can a Lawyer Have Your NCM Dismissed? If you are concerned about the way your NCM handles things, especially if you feel that your privacy is being invaded or your NCM tries to force changes to your compensation too early, inform your worker’s compensation attorney. Your attorney may be able to get the NCM dismissed from your case. More than likely, however, the NCM will not be dismissed but will start to act more...

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How To Avoid Overexerting Yourself At Work

Posted by on Nov 17, 2014 in Uncategorized | 0 comments

According to BusinessInsurance.com, overexertion injuries are the most common reason for someone to file a workers’ compensation claim. You might think that if you work in a job that is not physically demanding, you are immune to this type of injury. Unfortunately, that’s not true: You can overexert your body in nearly any setting, because if you do any lifting, carrying, pulling, pushing or even holding, you might be at risk. The good news is that in many cases, these types of injuries are avoidable. Read on to find out how you can avoid overexerting yourself at your workplace. Watch Your Positioning One great rule of thumb to keep in mind is to always keep your toes pointed in the same direction as your nose. While this is not always possible, keeping your body aligned properly can go a long way toward helping you to avoid overexertion of any of your muscles or joints. Whether you’re filing paperwork or lifting heavy boxes, use good body mechanics. Lift with your leg muscles; don’t try to bend at the waist to pick up anything, even if it’s lightweight. Don’t Be a Hero It should go without saying that you should not try to lift heavy objects by yourself. What qualifies as “heavy” depends on the person doing the lifting; if something feels too heavy for you to lift comfortably, then it probably is. In addition to weight, consider an object’s dimensions; a light but awkwardly shaped box can do just as much damage as a more compact, heavier package. It’s better to ask for help than to take a chance. Take Good Physical Care of Yourself Not getting the sleep that you need or relying too much on caffeinated drinks to give you energy can have a host of negative effects on your body. One of these is an increased chance of injury. You might feel shaky or weak, and your judgement might be impaired. Make sure that you are getting the sleep that you need before each shift. Also, take care to eat and drink enough while you are at work. Low blood sugar, hunger and dehydration can also increase your risk of injuring yourself. Take breaks as necessary to have something to eat or to drink water. Choose foods that contain protein and carbohydrates to keep your blood sugar at an even keel. Hitting the vending machine and tiding yourself over with a candy bar or a can of soda can cause a drop in your blood sugar later, which can lead to drowsiness, shakiness and, potentially, an injury. Take Breaks Take advantage of your state’s laws regarding breaks in the workplace. If you are entitled to a paid or unpaid break, be sure to take it. Even if you’re not scheduled for a break, change your body position and rest different muscles throughout the day. For example, if you are sitting at a desk most of the time, get up to walk around occasionally. If you must work on your feet, shift your balance from leg to leg, and try to walk around a bit. This allows you to stretch different muscles, and it has the added benefit of helping you to avoid repetitive motion injuries, which are another frequent cause of workers’ compensation claims. Report Injuries Immediately...

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Why File Chapter 7 Bankruptcy Instead Of Another Type

Posted by on Nov 13, 2014 in Uncategorized | 0 comments

When an individual or couple files for bankruptcy, one of the first decisions to be made is what type of bankruptcy to file. According to Cornell University Law School, chapter 7 is the most common type of bankruptcy. Why do people choose to file chapter 7 rather than another type, and is chapter 7 the right type of bankruptcy for you to pursue? What are the differences between the Chapter 7, Chapter 11 and Chapter 13 Advantages to Filing Chapter 7 Speed Chapter 7 is usually the fastest option when it comes to bankruptcy. A Chapter 7 filing may take as little as 3 months and is usually completed in about 6 months. Compare that to about a year for Chapter 11 and five years for Chapter 13.  The reason a Chapter 7 bankruptcy has a shorter timeline is because the person filing doesn’t have to spend time paying back any of the debts. The person who has filed for bankruptcy simply goes on with life and attempts to rebuild credit. A Chapter 13 and Chapter 11 require the person filing to commit to repaying some or all of the debts incurred within a specific amount of time.  Debt Relief When you file a Chapter 7 bankruptcy, you can expect to come out of it without owing anything on credit cards and most other loans. You will still be obligated to pay some debts such as student loans, child support and taxes owed, but most of your debts will be canceled. Keep Your Home Even though Chapter 7 is a liquidation type of bankruptcy, in most cases you will be allowed to keep your house and some other personal property. Your mortgage obligation will not be erased, but you can continue making your house payments and keep living in your house.  Quickly Rebuild Credit Because a Chapter 7 bankruptcy can be completed relatively quickly and does not require a repayment plan, the person filing the debt can begin to rebuild credit right away. This means that the person filing Chapter 7 could have significantly better credit in the same period of time that the person filing Chapter 13 is still paying bills.  A Chance to Start Again When you file a Chapter 7 bankruptcy you are asking for the chance for your financial debts to be forgiven and to start your financial life over. While it is not ideal to begin with no credit history and a bankruptcy on your record, that is much better than drowning in debt.  You will only be allowed to file Chapter 7 once every 7 years. This type of bankruptcy is meant to be something that only occurs once in a person’s financial history.  Differences between Chapter 7, Chapter 11 and Chapter 13 Chapter 11 Chapter 11 bankruptcy is one that usually involves a large corporation. The company may be millions of dollars in debt but can adjust those debt payments in a way that allows it to continue operating.  Individuals occasionally file Chapter 11, but this is rare.  Chapter 13 Most people who chose to file Chapter 13 do so because they do not meet the requirements to file for Chapter 7. If the court looks at your income and assets and determines that you have the ability to pay your debts,...

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Injured At The Dentist? Consider Filing A Lawsuit To Recover Your Damages

Posted by on Nov 10, 2014 in Uncategorized | 0 comments

When you go to the dentist, you expect him or her to detect your oral problems and provide the proper remedies for them, but this is not always how it works. There are times when problems happen from dental visits, and some of these problems could be very severe. If you believe a dentist has wronged you and left you with major problems, it might be time to talk to a lawyer about filing a dental malpractice case against your dentist. Types of Issues You Could Sue For While there are many different problems you might incur from dental work, here are some of the more common ones: Failing to treat an infection that spread throughout other parts of your mouth Extracting the wrong teeth Causing an infection from using dental tools that were not properly cleaned and sanitized Leaving you with numbness that will not go away Damaging a nerve that left you with other problems Fracturing or damaging your jaw Administering too much anesthesia Damaging an existing crown or implant If you have any of these problems, you may be able to sue the dental office for the damages you have experienced from this incident. Essential Elements Needed Before you can file a dental malpractice lawsuit, your lawyer will make sure that the case has the essential elements needed to win. The first element is the easiest to prove and it involves proving that you were a patient and that this dentist performed work on your teeth. The next three elements are all related, but each is slightly different: Breach of care – your lawyer will look at the situation to determine if the dentist made a mistake or did something wrong during the procedure. For example, if you claim that the dentist pulled the wrong tooth, the lawyer may want to have a professional examine the x-rays to see if this is the case. Injury – next, there must be proof of injury. You may be able to prove this by visiting another dentist, or by showing proof of medicine you had to purchase for this. Proof that the breach caused the injury – finally, it is extremely vital to be able to prove that the breach caused the injury or problem that you are having. With the proper elements, you may have enough proof to proceed with a lawsuit. Filing a lawsuit does not necessarily mean that your case will go to court. There is a good chance the dentist will agree to settle the matter outside of court, and his or her dental malpractice insurance may pay the compensation to you. Other Step To Take If you are left with major injuries, pain, or problems, you might want to make sure this dentist does not do this again in the future. To prevent the dentist from harming other people, you may want to consider filing a complaint with your state’s dental board. The dental board has the authority to revoke or suspend a dentist’s license if there is enough evidence to prove that the dentist failed to comply with his duties and state regulations. If you do not want to file a complaint or a lawsuit against the dentist, you may be able to seek a solution simply by making an appointment with him...

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Always Wear Your Helmet: How Not Wearing A Helmet Affects Your Motorcycle Accident Claim

Posted by on Oct 21, 2014 in Uncategorized | 0 comments

Most motorcyclists love the thrill of riding down the road. Without the limits of a metal frame, motorcyclists tend to feel freer. This feeling of feeling free comes at a cost, as motorcyclists tend to be 35 times more likely to get into a deadly accident than vehicle drivers. As a result, most states require motorcyclists to wear helmets when on the road. According to the National Center for Statistics and Analysis (NCSA) of the National Highway Traffic Safety Administration (NHTSA), helmets can reduce the likelihood of a crash fatality by 37%. Additionally, not wearing a helmet can significantly impact your right to a motorcycle accident claim.  Determining Your State’s Helmet Laws As of 2014, all 50 states in the U.S. have different laws regarding whether a helmet needs to be worn. As of right now, only 19 states and the District of Columbia require all motorcyclists to wear a helmet when on the road. 28 states require only some motorcyclists to wear a helmet when on the road, and 3 states (Illinois, New Hampshire and Iowa) do not have any set helmet laws for motorcyclists established yet. A motorcycle accident lawyer can help you determine what your current situation is with the law.  Recovering Compensation For Your Injuries If you were not wearing a helmet at the time of the accident, recovering compensation for any injuries that you have sustained will be considerably more difficult if you live in a state that requires for you to wear a helmet. The prosecutor or the other party will argue that you exhibited negligence by not wearing the helmet, and as a result, are responsible for the injuries that you have sustained. Insurance adjusters will normally produce an overwhelming amount of documentation and research papers that show that the injuries could be avoided if you wore a helmet.  Most of the time, you will be found to be comparative negligent for the accident. This means that you too have a responsibility for the injuries that you have sustained, and the amount of compensation that you will be awarded by the court will decrease drastically. Generally speaking, if your state has a helmet law, your chances of recovering any compensation will be minimal. Hiring a motorcycle accident lawyer can help increase your chances. Your motorcycle accident lawyer and you are responsible for proving beyond a reasonable doubt that you would have sustained the injuries regardless of whether you wore a helmet or not. You will need to have evidence in the form of: Medical documentations reporting all of the treatments that you have gone through to recover from your injuries. Expert opinion that can prove that you would have sustained the same injuries regardless of whether you wore a helmet or not. Finding an expert in this field can be rather difficult.  Witness testimony that can prove that you were not responsible for the accident.  If your state does not have a helmet law, then you will need to prove that your injuries are a result of the accident, and that you would have sustained the same injuries even if you did not wear a helmet. Even if your state does not have a helmet law, as a motorcyclist, you are responsible for reducing your liability on the road.  Conclusion If you got into a vehicular accident...

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The Advantages And Disadvantages Of Hiring A Motorcycle Accident Attorney In Santa Fe NM

Posted by on Jan 6, 2014 in Uncategorized | Comments Off on The Advantages And Disadvantages Of Hiring A Motorcycle Accident Attorney In Santa Fe NM

Many motorcycle accident victims find that one of the most difficult questions for them to answer when pursuing their personal injury claim is whether or not they should hire an attorney to represent them. Since many of these accident victims will not have any personal experience with the legal services of a motorcycle accident attorney in Santa Fe NM, it can often be quite difficult for many of these accident victims to identify the benefits which come along with choosing to use these services. In fact, this is one of the primary reasons why many accident victims will ultimately choose to pursue their own personal injury claim without the aid of legal representation. This series of events is really quite unfortunate because, the truth is, there are many benefits which come along with choosing to seek out the services of a motorcycle accident attorney. However, without the accurate information which these individuals require in order to identify the pros and cons which come along with these legal services, it can be virtually impossible for these individuals to make the best possible decision regarding their need for legal counsel. Today, I would like to help ensure that you do not find yourself in this same position by taking just a moment to share with you a few of the advantages and disadvantages which come along with choosing to hire a motorcycle accident attorney in Santa Fe NM. The Advantages of Hiring a Motorcycle Accident Attorney in Santa Fe NM The primary benefit to hiring a motorcycle accident attorney to represent you is the ability to collect a fair amount of compensation for your injuries. While it is not uncommon for the insurance company to make a settlement offer in the absence of a qualified attorney, these settlement offers rarely reflect the true value of the claim. Instead, these offers will often be an attempt at simply making the case go away as quickly as possible. However, with the help of a qualified motorcycle accident attorney in Santa Fe NM, you will be able to ensure that you receive each and every dollar that you are entitled to. These legal services will also provide you with the benefit of allowing you to focus solely on your physical recovery without neglecting your personal injury claim in the process. This is because, while you concentrate on making a full physical recovery, your motorcycle accident attorney will be concentrating on ensuring you make a full financial recovery as well. This ability to delegate the responsibility for overseeing your personal injury case can often prove to be beneficial to both your physical and financial recovery. The Disadvantages of Hiring a Motorcycle Accident Attorney in Santa Fe NM There is only one real disadvantage to hiring a motorcycle accident attorney in Santa FE NM. This disadvantage is that these legal services will require you to pay legal fees which would not be necessary when choosing to handle your own claim. Since these legal fees are automatically deducted from your settlement, these fees will ultimately reduce the total amount of your settlement by approximately one third. However, when choosing whether or not you wish to invest in these legal services, it is also important for you to remember the fact that these legal services will often be...

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Why Hire A Personal Injury Lawyer In Cincinnati OH?

Posted by on Dec 18, 2013 in Uncategorized | Comments Off on Why Hire A Personal Injury Lawyer In Cincinnati OH?

There may be a time when you need the full services that a personal injury in Cincinnati OH attorney can provide you. It is important that you work to recover any money that you may have lost due to no fault of your own. This will require that you file for legal action against the party that may have caused you to suffer the injury. If you are filing the lawsuit you will be referred to as the plaintiff. This is due to the injuries that you may have suffered. It is important to work to recover the time that you lost from work and the medical bills that you may have incurred due to the accident. The key for you to be able to accomplish these goals is certain to rest in how much legal effort that you take in order to be fully successful. Your personal injury lawyer in Cincinnati OH will allow you the needed legal assistance to list the amount of allegations against the other party. It is important that you work closely with your attorney to draft the lawsuit in the most effective way. It is crucial to assist you in winning the case to have the expertise of a legal professional at all times. It is important to be fully aware of what will occur during the process of discovery. For instance, did you know that the time to fully prove you case is during this time? If you are suing another party, you will want to be able to provide the necessary amount of evidence why you should win the lawsuit that is against you. One of the most effective times to prove the amount of money the accident may have cost you is during the request for production document phase of the discovery. This is the time to provide the necessary police report that proves the other party is at fault for the accident. It is important to have this information to fully provide that you were not at fault in any way for the occurrence of the accident. The time for you to ask the necessary amount of questions to assist in proving your case is certain to be during the written interrogatory stage of the lawsuit. It is possible to send your personal injury lawyer in Cincinnati OH a list of questions to be forwarded to the other party. This will assist you in being able to help strengthen your case as much as possible. One of the most stressful times for a number of people may be the deposition that is required to do during the process of the discovery. This is the time that you will be required to meet with the attorney from the other side and answer a number of questions. It is important for you to prepare for this as much as possible beforehand with your own personal injury lawyer in Cincinnati OH. Finally, it is certain that your personal injury lawyer in Cincinnati OH will inform you a settlement conference that you must agree to attend. This will allow both of the parties that are involved in the dispute to work to end it. The settlement conference is a pivotal key to being able to end the legal dispute without it proceeding to...

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