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The Government of Canada extends beneficiaries of the Registered Education Savings Heritage Plan a grant in the form of Canada Education Savings Grant. The Canadian Government, under this program, adds up to 20 percent to the initial 2000 dollars contributed to the RESP beneficiary account every year.
The CESG program intends to encourage parents to save some money for their child’s academic progress and reduce the financial load of sponsoring a post-secondary education.
Incentives received from CESG are determined by contributions made into the Registered Education Savings Plan RESP. Funds saved in the plan account can be utilized to pay for part-time or full-time studies in an apprenticeship endeavor, a CEGEP, colleges, trade schools, and universities.
In order to access CESG, personal deposits have to made into a savings plan account. It is important to note that anyone can open a Registered Education Savings Plan account for a minor: not just the parents of the child.
The CESG program contributes up to 20 cents on each dollar contributed on behalf of the child every year, up to a maximum of 500 dollars on a 2500 dollar contribution. If funds are not deposited in a particular financial period, a plan financier is permitted to catch up and compensate in future years. Money can be deposited to a registered savings plan account until the year in which the beneficiary turns 17 years old.
Moreover, in light of the child’s primary caregiver income, the savings plan beneficiary might also receive an additional 20 percent of the contributions deposited into their RESP account from the CESG program.
The Canada Education Savings Grant is extended until the last day of the year in which the beneficiary turns 17, for as long as the child has a binding Social Insurance Number, is a resident of Canada, a savings account has been opened in the child’s name, and a formal request has been submitted for the grant. In order to be eligible to receive the grant, a parent must make deposits to the child’s RESP before the calendar year in which the beneficiary turns 15 years old.
Please note that 16 or 17 years old beneficiaries might receive the grant if at least 2000 dollars were deposited into the child’s RESP account before the last day of the year in which the beneficiary turned 15, or at least 100 dollars was deposited annually into the beneficiary’s RESP account for the four years that preceded the year in which the beneficiary turned 15.
Lastly, the lifetime cap for the Canada Education Savings Grant program is 7200 dollars for every child. If a beneficiary does not wish to pursue further education after their high school, a parent must not keep any of the Heritage Education Funds extended as grant: in such cases, the parent has to return the money back to the Government of Canada.
However, parents can opt to transfer the funds between RESP accounts for siblings without having to incur any tax penalties. Please note that this option only applies to transactions that are transferred after 2010. To get more information on family topics, visit Earth Friendly Momma
Medical malpractice lawsuits against doctors and other health care providers can be hectic sometimes. In fact, most of the time, you find that these kinds of cases end up taking more out of the victims even if they may end up winning the compensation of claims by hiring the best medical malpractice lawyers Toronto.
Healthcare professionals also need to take the initiative to try and protect themselves from any such medical malpractice claims occurring under their watch. And they can do this by simply following these simple and easy practices.
1. Establish good patient-caregiver relationships
As the caregiver in this situation, your patients will expect you to provide them with quality medical care. This is what brought them to your medical health facility and through your door. Your patients will also expect that you treat each and every one of them with true concern, respect, and kindness. And as a caregiver, it is your responsibility to ensure that you reciprocate accordingly and ensure that your patients are comfortable while under your care.
2. Be clear and consistent
It is also important that, as a healthcare provider, you clearly communicate information to your patients. Try as much as you can to get to each of the patient’s levels of communication and then pass whatever bit of information you intend to pass to them clearly and consistently to each of the patients.
3. Getting informed consent
As a healthcare provider, you MUST get informed consent from the patient of his/her immediate family if the patient is in no position to communicate with you, to whether or not it is okay to treat the patient. It is also vital that you clearly notify the patient or his/her immediate family of the possible expected result after the treatment, the possible risks involved, and other possible alternatives that the patient can opt for. It is advisable to have a signed agreement for these pieces of information to protect you from any malpractice claims.
4. Accurate and complete documentation
Ensure that you make accurate and keep accurate and complete records and documentation of all the patients under your care. Documentation, in most cases, has been known to make or even break malpractice lawsuits. In the cases where negligence can be proven and the healthcare provider also can’t provide any documentation, the patient usually wins the case. Poorly kept documentation will also fare no better than no documentation at all.
5. Stay current
As a healthcare provider, you will be required to ensure you always maintain your license. You will be able to do this through continued education, training, and even testing. Ensure that you are always informed about what is going on in the healthcare industry.
6. Be prepared
Most of the time a patient approaches a doctor or even any other healthcare professional, you will always find that these medical officers are rushed and or distant maybe from all the stresses of work or from home. However, true they may be to the practice; these healthcare professionals need to compromise the time they give to their patients and ensure they receive their full and undivided attention.
7. Follow proper procedures
All health care providers are required to provide and follow the proper medical procedures and practices when handling their patients. Consistency is also another vital concept here as well. Even the smallest infractions to the set policies which guide you, a health care provider, can lead to some devastating effects which you are not looking to have under your watch. Visit Nicole Brown for more articles and interesting topics.
If you have been injured in any type of accident due to another person’s negligence, you owe it to yourself to know your rights before agreeing to an insurance settlement.
Insurance companies are far too quick to offer sub-par settlements in their own (or their client’s) best interest, but those settlements almost never cover the full cost or provide due compensation for your injuries. Here are a few reasons why you should always work with a competent legal team when seeking damages for personal injury.
1. Insufficient Compensation
Most insurance companies fail to take into account the level of both physical and emotional damage that injuries due to negligence inflict. They love to place an arbitrary value on the severity of the injury. This is why you need a team of experienced personal injury lawyers on your side.
Insurance companies have attorneys on staff who are ready and willing to fight for them and will use any legal means to protect themselves when a person becomes injured. You deserve the same. Learn
2. Extent of Physical Injuries
Insurance companies often fail to acknowledge the full reach of a physical injury and the ongoing treatment your injury will require. Physical injuries can affect your ability to function and can lead to lasting physical and mental disabilities (like brain damage) that will require lifelong treatment and care.
3. Psychological Injuries
There are many types of psychological injuries, most of which the average insurance adjuster will conveniently skirt when assessing damages. Your personal injury team has the resources and expertise to show the far-reaching effects of physical pain, and the frustration associated with the physical limitations of an injury can impact your emotional well-being.
4. Mental Anguish and Emotional Distress Damages
If you are suffering post-traumatic stress after an injury, you deserve compensation for its effects and any treatment (one-time or ongoing) that it may require. A competent personal injury lawyer has the ability to call in expert witnesses who can assess your situation and make recommendations that lead to you getting the compensation and care you need to adequately deal with the emotional trauma of a personal injury.
Regardless of the extent of the injury, you do not deserve to be left to deal with the emotional aftermath on your own. Enlist the help of a qualified personal injury law firm that can help you collect all the money you deserve. Some common types of emotional injury suffered by accident victims include:Severe depression
-Post-traumatic stress disorder (PTSD)
-Development of phobias and otherwise irrational fears
-Loss of Consortium
If you are experiencing any of the above conditions or any other emotional difficulty that you believe to be the direct result of your injury, don’t wait to seek help obtaining compensation for psychological injuries. Call a qualified personal injury attorney or lawyer’s group today.
5. Reclaiming Your Enjoyment of Life
Your enjoyment of life, your physical recovery, and your continued emotional well-being hinge on taking fast and deliberate action to hold the negligent party fully accountable for your injury. By seeking sound legal help right now, you help ensure a future wherein your needs are fully met, you get on the road to recovery quickly, and never have to worry about out-of-pocket costs to treat your injury.
The law limits the amount of time you have to seek damages after an injury. It is imperative that you take action now and contact a qualified Canadian personal injury law firm for help collecting on your injury. Don’t sacrifice compensation that you are owed and don’t accept any insurance settlement without at least speaking to a lawyer first. If you enjoyed this article, visit Citizine Mag to get more articles like it.
For the average disability lawyer in Canada, 2017 is turning out to be a year of major court decisions based on two recent cases in British Columbia and Nova Scotia. Both cases deal with litigation issues related to disability insurance; one sets an important precedent in terms of indemnification for legal expenses accrued while the other is related to future disability benefits that an individual may claim after a motor vehicle accident.
Tibbetts v. Murphy and CPP Disability Benefits
In early May, the Nova Scotia Court of Appeals ruled that benefits from the Canada Pension Plan as they relate to disabilities are deductible from auto accident court awards. The gist of the court’s decision is that individuals should not be overcompensated after a motor vehicle accident that results in diminished earning capacity; if a plaintiff receives a monetary award after an accident, the proceeds can be deducted from future CPP disability benefits.
Let’s say a Halifax truck driver suffers an accident that allows her to draw CPP disability benefits; if she is not able to drive due to her injuries and she receives a monetary award after filing a liability lawsuit, the amount of the compensation could be deducted from future benefits received from the CPP.
Tanious v. The Empire Life Insurance Company: Indemnification for Legal Expenses
In April, the British Columbia Supreme Court issued a decision that provides for awards to fully cover the expenses of a plaintiff who files a lawsuit related to disability insurance. In this case, the plaintiff suffered from multiple sclerosis and chronic pain that prompted her doctor to recommend against her continued employment. To learn more, please visit Anu Blog for additional information, resources and references.
The plaintiff was terminated from her job and would later be declined for long-term disability benefits by the Empire Life Insurance Company; for this reason, she filed a lawsuit that not only succeeded in honoring her disability claim but also resulted in a court order issued to the insurance company for the purpose of paying benefits retroactively to the date of the original claim.
As to the indemnification of the plaintiff’s legal expenses, the court ruled that disability claims are different from other torts in the sense that these are cases that require special handling. Whether the plaintiff prevails in the lawsuit or not is immaterial; the legal costs incurred deprived a disabled person from enjoying benefits.
The two cases mentioned herein suggest that 2017 is going to be momentous for Canadian legal professionals who specialize in disability insurance claims. Aside from important court decisions, there are proposed amendments to the Canadians With Disabilities Act, and the changes are expected to focus on issues related to employment such as making workplaces accessible and creating programs to give people with disabilities more job opportunities.
Percentage of Fault in Canada
The court may still rule for you to receive compensation if you are partially responsible for an incident. You cannot be wholly responsible and receive compensation, but you may be able to receive funds if you are less than 50 percent responsible for the incident. The court will most likely reduce the amount of your reward by the percentage of fault that it finds in you. For example, you would only get $60,000 out of a $100,000 settlement if the court finds that you contributed to the accident 40 percent.
Other Factors in the Case
Your percentage of fault in the accident is not the only thing that the court will consider for your settlement. It will also consider factors such as your lost work wages, medical bills, auto repairs and out-of-pocket expenses for medical care. The key is to provide you with enough to pay for all of your expenses and then have some left over. Your lawyer will fight to obtain your settlement amount for you.
Types of Damages You May Receive
Two types of compensation are available in a Canadian personal injury case. The first kind of damages are compensatory, and they cover you for all of your tangible losses. The second kind of monetary funds that you may receive are called punitive damage. They are meant to punish the offender and to pay for your pain and suffering.
Your attorney will try to settle the case out of court so that you do not have to go for months fighting for your rights. Some parties settle out of court to avoid media exposure and other problems. Other parties stand firm and claim that they did no no wrong. You may have to wait several months to see such a case resolve, but your attorney will try his or her best to make that happen as quickly as possible.
Good can come out of any bad situation. Visit News Forage to get more information
DUI charges come with harsh penalties in Canada, which means that you may not want to face these charges alone. By enlisting the services of a DUI lawyer, you can increase your chances of being found innocent and make the process far more manageable. Here are some reasons that you may need an attorney for your DUI case.
Most lawyers are willing to give free consultations to potential clients, so you should absolutely get some advice from an expert about your case. Contact a DUI lawyer and see what they think of your case. If they think that you will not face severe punishments and will have a simple case, then you can rest easier. If, however, they expect your case to be more complicated, then it may be a good idea to pursue legal reputation.
These in-depth assessments consider things like your legal past, your blood alcohol content when you were pulled over and other factors that are relevant to the case. By looking closely at this information, any attorney should be able to tell you what charges you are likely to face in your case. From there, you will be able to make an informed decision.
If this is not your first DUI charge, then it is certainly a good idea to hire an attorney. Legal penalties skyrocket with each successive DUI and you will need a professional to help protect you from these penalties. Even if a DUI lawyer cannot convince a judge to clear all charges, there is a good chance that they can minimize your penalties and prevent the worst of the charges. There is much more on the line during a second or third DUI than the first, so you should contact an attorney if this is not your first offense.
Managing the Process
If this is your first DUI and you are not particularly concerned with the penalties, then there may still be a reason to hire an attorney. Court proceedings come with many documents and phone calls that are a hassle at best and a nightmare at worst.
If you do not have the time or know-how to work with the more technical aspects of the court, then hiring a lawyer may be the best move. They will be able to file your paperwork for you and ensure that you are not punished for not understanding the intricacies of the court.
DUI cases are unique to the individual but often come with severe penalties. Consider the information in this article to determine if you require the services of a DUI lawyer. The decision can have a huge impact on your life.
Hiring and working with a business lawyer is one of the most challenging and confusing tasks for start-up businesses, especially if the owners have no experience. However, it is a crucial element when starting business and should not be ignored. With the right attorney by your side, you will be confident and ready to get down to business. Here are more reasons why you should hire a business attorney.
When starting a business, you have to consider so many factors together. For instance, you have to choose which type of entity you want to form. This will largely depend on the desired exposure, tax treatments and other considerations. In most cases, you will have to make a decision whether to choose a Limited Liability Partnership (LLP), Partnership, Corporation or Limited Liability Company (LLC). A counsel lead attorney will help you to choose the most suitable entity for you based on your preferences and legal requirements. Also, he or she will help you prepare the required paperwork to make the formation a success.
Legal Issues Associated with Business
The business fraternity has never missed major legal incidences. This means that your prospective business is not exempted from litigations and lawsuits from external associates and customers. Also, legal issues can come while forming the business. Such issues may include, recruiting new staff, finalizing tax obligations, getting identification numbers from the IRS, etc. With a business lawyer by your side, you will be in a position to tackle the legal issues that might present themselves smoothly.
Federal Trademark and Copyright Protection
Federal trademarks and copyright protections are some of the countless elements that make a business entity relevant. As a business owner, you need to protect your logo, name and brand from malicious people by obtaining a copyright and trademark. A business attorney has the necessary knowledge and expertise to help obtain a legal trademark. This way, you can protect your business and be in a position to seek compensation and other remedies should someone infringe your rights to the trademark or copyright.
When starting a business, you need to make sure everything is in line. One of the things you need to polish is the employee contract agreements. Such agreements may entail guidelines and procedures for employment, non-compete agreements and non-disclosure agreements. A corporate lawyer will help draft such agreements in a legal dimension.
You will need a lawyer for every legal issue that comes up in the business. Therefore, you need to ensure you have the right one by your side at all times. In case you are having trouble identifying the correct one, you can look at the local directory for a business and commercial law attorney near your state.
One of the joys of big city living is that metropolitan areas have become so much friendlier to pedestrians and bicyclists. Many North American big cities, discovering what their European counterparts have known for decades, have added bike paths and lanes and signage to protect their growing numbers of bike riders. Has it helped? Toronto city statistics report about 1,200 bicycle accidents per year. That seems like a lot, until it’s compared to the city’s annual 52,000 vehicle collisions. But the relative lack of bicycle accidents still doesn’t dismiss the very real pain or suffering that these victims endure. Or that many of them would have suffered less with the services of personal injury lawyers Toronto.
Are Bicycles Unsafe At Any Speed?
The biggest problem with so many people taking to bicycles as transportation across Canada and the United States is that they and their rights to be using public thoroughfares just aren’t being taken seriously by the public. As a result, those using bicycles as transportation in Toronto and elsewhere not only just run the risk of being forced off of the road by inconsiderate motor vehicle operators. According to Toronto police, the most common accidents involving bicyclists in the city include failure to yield the right of way, improper turning and passing, and “dooring”, in which a cyclist collides with an abruptly open door in the riding path, usually a vehicle’s.
Aren’t Bicyclists Always On The Side Of “The Right”?
One of the “bumps” that legal entities and cyclists have struggled with for many years is what exactly a bicycle is. The imperfect conclusion is that it’s considered a vehicle, and thus is subject to the same rules and regulations as any other vehicle, despite its light weight and lack of protection. Canada addresses the “hybrid” qualities of the bicycle as transportation in its Highway Traffic Act (HTA), which also periodically updates changes to regulations and fines. Most recently, it addresses vehicle passing distances and “dooring”. Although in a vehicle vs. bicycle accident, the bicyclist generally isn’t the “winner” in terms of damage, it shouldn’t be assumed that the vehicle driver will automatically be found at fault, either. This means that if investigators can’t determine accident fault, or decide that a cyclist contributed to it, he or she could be responsible for thousands of dollars in expenses. And bicyclists can be involved in non-vehicle accidents as well, involving pot holes, uneven road surfaces, and other infrastructure hazards.
What Toronto Personal Injury Lawyers Can Do For Bicyclists
In cases where fault is difficult to determine, or insurance won’t cover injuries or damage, personal injury lawyers from Claim Accident Services can be very helpful. They can document evidence, find witnesses, and file claims for victims. They can also help victims with funds for hospital expenses, and loss of income due to inability to work. Bicycle accidents in urban areas are often sudden and serious. Because of this, and because of recent changes to Canada’s bicycling laws, both cyclists and those who may have been struck by a bicycle are advised to consult with legal consul to insure the protection of their rights.
The divorce process is notoriously expensive and time-consuming, so the key to winning your legal battle is planning beforehand. Here are six steps that will put you in good shape when divorcing and finding a family lawyer.
Determine If You Need A Lawyer
Some things could indicate that you need a divorce lawyer like if your significant other typically handles and knows more about the finances than you. If you might have a complicated divorce, you should also seek legal counsel. This might occur if a business is involved, you and your partner have trouble compromising or there is a question about separate and joint assets. Finally, you likely need an attorney if your partner has one.
Find The Right Lawyer
You and your partner need separate family lawyers to avoid conflicts of interest. The “right” attorney is somewhat subjective as this does not mean the most expensive lawyer or necessarily even the toughest arbitrator. The correct representation for you depends on your outlook. If you want to settle matters out of court, find an attorney who knows how to accomplish this. Find someone who matches your style and understands what you want out of a settlement agreement.
Do Your Homework
You need to give your divorce lawyer a basic understanding of your marriage when it comes to property, accounts, assets and debts so that you can make plans concerning a fair settlement and alimony or child support. It is also important to be very careful and clear about handling joint debts because you will likely be responsible for making payments if your spouse fails to.
Plan For The Children
Unless there is a special circumstance, courts tend to believe children should have relationships with both parents. Prepare for working with a spouse on at least this matter instead of fighting because forming a parenting plan together could save hassle and give you both more freedom when making parental decisions.
Watch For Unequal Assets
A spouse with physical custody of the children may want to keep a house in a divorce while the other partner receives liquid assets. In this example, the house comes with maintenance fees and property taxes while the liquid assets may grow in value. This could create unequal assets, which you might need to watch out for in your own settlement arrangement.
Consult a Financial Advisor
A financial advisor can assist you with creating a financial plan for life after divorce. Someone with a financial background might also look at your records and make sure your spouse is not hiding assets. You need an unbiased financial advisor who has no ties to your spouse.
These steps should help you make smart decisions when finding a divorce lawyer and dissolving a marriage.
Are you tired of sending your customers multiple notices to pay the debts that they have with your business and not getting a response? Are you owed thousands of dollars and you fear that you won’t ever get your money? If so, you want to hire commercial litigation lawyers to go after the outstanding bill holders. Here are a few reasons why you want to hire lawyers instead of a debt collection agency.
Legal Warnings and Action Require Protocol
Under the Fair Debt Collection Practices Act it’s important that all protocols and laws are followed when collecting unpaid debt. Unfortunately, debt collection companies have been targeted in the media and sued because they employees get overly ambitious about collecting debts and they have been known to break common laws. You don’t have to worry about this when you hire a professional litigation team to recover your debts, because the legal professionals wouldn’t jeopardize their career or reputation, and they do everything by the book.
Tracking Down People is Time Consuming
It can take a lot of time for people in your office to track down the debtors that owe you money, especially if they don’t have the proper resources. A debt collection lawyer can use public records to easily track down the debtor, and to serve them with the final warnings needed to take action to get your debts. Let a legal team do all of the work for you.
Take Legal Action
If you want to go after someone legally to get the debt paid you’ll need a commercial litigation lawyer ad team, so it’s best to start with one when you are seeking debt collection help. The team will put all of the cases in front of a judge to get permission to serve the debtors with legal papers, and to potentially garnish their wages to get the money that is owed.
Pay a Fraction of the Debt Owed
The lawyers are going to get a fraction of the money that they collect, and you’re going to get a majority of the money so you can finally get paid for your losses. Talk with the legal teams in your area to see what the different rates are for this service.
Debt collection lawyers at Chitiz Pathak LLP work fast and to the point, to get you the money that your customers owe. Don’t waste any more time struggling financially or trying to get the money on your own and take action.
Disability benefits are available through the government for individuals who meet certain criteria. Such persons must be suffering from an incapacitating illness that would cause them to be out of work for at least a year. They must also meet certain criteria. One of those criterion is that a doctor completes paperwork attesting to the illness. A specialist must state that he or she expects the disability to last at least a year. The disabled person must have limited mobility and must not earn more than a certain amount of money each month. The benefit can come in quite handy for an individual who needs to pay the bills. However, more than 60 percent of disability claims get turned down by the issuing departments. Many applicants have to seek the assistance of an attorney.
Why get a disability lawsuit loan?
An attorney can help an applicant to receive an approval on a denied case. However, the back-and-forth case proceedings could go on for weeks, months, or even years depending on the strength of the applicant’s case, the documentation that person has, and the governmental agency’s willingness to release the funds. The disabled individual may have no way to pay his or her bills while that person is awaiting the decision. Other cases that involve disabilities may end in the victim’s favor. However, some time still may exist before the offending party releases the settlement funds to the disabled person. Lawsuit loans were created for that very reason.
What is a disability lawsuit loan?
A lawsuit loan is a cash advance that a third-party provider lends to a person who has a high probability of receiving a settlement. Such a loan usually goes to personal injury case victims who have fool-proof cases. However, lenders will offer the funds to people who have cases with the government, as well. The lenders understand that lawsuit participants cannot survive without having some money for bill payments. they understand that lawsuit participants frequently exhaust their finances while they wait for payment. For that reason, they provide easily attainable advances. While
How to get a disability lawsuit loan
A case participant can apply for a lawsuit cash advance by contacting a provider in the area. The consumer can contact the lender by phone or short form. The lender will then invite the person in for a consultation during which they will discuss the settlement amount, case potential and other aspects. The way the lawsuit advance process works is usually quick and easy. The client show the documentation, and the company decides whether or not it can help the person. The lender then sends a contract for the client to sign. The client signs the contract and then receives the money in the bank account immediately. Payments usually arrive within one to two business days.
A patient has the right to sue and seek compensation for medical malpractice. Your medical malpractice suit may include any individual or institution that provides health care. The first step towards getting an award when treatment by a doctor, nurse, technician, physical therapists or optometrist results in permanent injury or even death is to ask for help from medical malpractice experts. The experts can always tell if the medical malpractice case is feasible and if the victim of medical malpractice has a chance to prove negligence.
The Doctor who Commits Medical Negligence
When the patient feels that the doctor’s conduct equals a medical mistake, you can use the legal system to seek compensation for medical negligence (Learn more here). In partnership with medical malpractice experts, you will have to show that the doctor conduct amounts to negligence in the following ways:
• The doctor failed in providing duty of care
• Your doctor breached the duty of care
• The breach of care contributed to the injury
• The patient must present evidence of the injuries
What If the Doctor Offers an Apology
Your doctor could be smart and try to talk you into withdrawing your medical malpractice case by offering profuse apologies and even some promises that the negligence will not happen again. But as medical malpractice experts can tell you, the apologies will never pay for the injuries or the expensive long-life medical bills.
How to Know You Have a Strong Medical Malpractice Case?
According to The Globe and Mail, winning a medical malpractice suit is a uphill battle for the victim which is why you should consult with a knowledgeable lawyer who can provide you with informed advice. Keep in mind an undesirable medical outcome does not mean you have a medical malpractice case. The medical operation can go wrong even when the doctor exercises the best of care. To win a medical malpractice suit, you will need medical expert witnesses to provide testimony that the doctor did not exercise reasonable care. The role of the medical expert witness is to show that no reasonable doctor would commit the negligence that your doctor committed.
How the Medical Expert Witness Helps Your Case
Even when the medical malpractice case is obvious, the evidence by a medical expert witness will be necessary so that the jury can understand the issues around the medical negligence.
An expert witness may present the following evidence:
• The medical staff had no control over that caused the injury
• The injury the patient suffers resulted from the doctor’s failure to follow the normal standard of care
The expert witness in medical malpractice cases must have:
• The academic and practical knowledge about the area the suit revolves around
• Know the geographic location where the medical negligence occurred
• The state of medical policies during the time of the injury or illness
Personal injury claims are not as simple as the injured victim may think. These claims are often vigorously defended, and only when it is obvious that a duty of care has been violated will a defendant begin offering a settlement in the case. Reaching this stage of a negotiation usually depends on what material case facts your personal injury lawyer can provide that will ensure the potential for an award from the court is inevitable. Regardless of circumstances surrounding a personal injury claim, it is always important to have solid legal representation, and many times this may include a disability lawyer in serious cases.
What your personal injury lawyer must prove
The initial step of recovering damages from a personal injury is establishing that an injury has in fact occurred, and that the designated respondent owed the injured victim a reasonable duty of care. What is reasonable is ultimately determined by the court system, but this potential determination gets discussed regularly during settlement negotiations. Your personal injury lawyer will provide documentation, such as medical bills and accident reports, that establishes these facts. The negligent respondent will usually have an insurance company that provides liability protection, but that is not always the case. It can be difficult to collect from an individual with little resources and no insurance coverage, such as in premises liability injuries, but automobile accidents usually involve an insurance company as well as a respondent.
The discovery phase of a personal injury case is a court filing in which your personal injury attorney presents all material case facts, including the seriousness of the client’s injuries. This can shed great light on the responsibilities of the defendant and the potential outcome of a case. While many cases actually advance to the discovery phase, this is also where the settlement negotiations will likely begin. The judge may not issue an official ruling from the court, but both parties will get an idea of the validity and value of the claim.
Serious Injury Claims
Many times an accident victim is rendered unable to earn a living after the fact. This means that the claim could be much more valuable than a typical injury case involving recoverable injuries. This situation could also require a disability lawyer to handle the proceedings because the input of the government agency or insurance provider is also an issue in the settlement, and this can also greatly enhance the value of the claim regarding lost wages and non-economic pain-and-suffering damages. Pain-and-suffering awards are considered compensatory in nature without a case actually going to trial before a sympathetic jury, which can then assign exemplary punitive damages in egregious situations.
Always remember that the process for winning a personal injury claim can be complicated and well-defended, meaning it is vital to have an experienced and effective personal injury or disability lawyer to recover an equitable settlement award.
Assault cases are common in every court system. While this is a very general area of law, it is also an area where charges are regularly filed in accordance with material case facts as determined by prosecutors. After reviewing by the court, charges are usually narrowed down and defined according to specific sections of the Canadian criminal code. There are four basic types of battery charges aside from general charges, most of which will require a criminal lawyer to defend the claims.
Assault with a weapon
Some of the more serious cases occur when a weapon is used in the act. A weapon can be a gun, knife, or club of some sort, but actually any instrument other than a body part of the assailant could result in a charge of this level. Charges involving a weapon are prosecuted under Section 267(a) of the Canadian criminal code and can carry up to 10 years incarceration. However, lower level charges with a weapon can be finalized in summary judgement and carry much less in potential jail time, with a maximum of 18 months possible. Serious cases can be indictable from a grand jury and can carry a stronger sentence, and will always require representation by a criminal lawyer.
Charges involving sex are also serious crimes, even when material case factors are minimal, as there are specific guidelines for what is or is not a crime. Actual physical harm can be a part of the final determination, but emotional damage is also a consideration in sexual battery cases. It is important to point out that consent can be an issue in all cases involving sex as a material case fact. These cases are prosecuted under Section 271 of the criminal code and can carry significant jail time based on the egregious nature of the crime.
Assault on a police officer
This situation occurs in higher numbers than many people realize, and attacking a police officer can be done quickly and responsively when suspects are combative or resisting arrest in some manner. This is an elevated charge that is prosecuted under Section 270 of the criminal code, which allows for enhanced penalties because the victim is an officer of the court.
Any type of charge against an assailant can be worsened by aggravated status. Aggravation can be a wide ranging issue, and many times this more serious charge is based on continual battery and physical bodily harm suffered by the victim. Aggravated cases of any classification are very serious and could result in a release denial in a bail hearing when the judge has not set bond release terms. Domestic violence cases can also result in protection orders that shield the victim for subsequent attacks in certain aggravated situations.
If you are facing criminal charges, you want a criminal lawyer who is competent who can defend you against those charges. Those who are being counseled by someone who doesn’t know the law or doesn’t know how to work the courtroom could spend years in jail if they are convicted. What are the benefits of having an expert attorney defending you?
An Attorney With a Track Record Gets Favorable Rulings
More often than not, an attorney who has a good track record will get favorable rulings in court. Just like a superstar athlete tends to get good calls from the referee because they are highly respected, a judge may be willing to rule in favor of a superstar attorney when it comes to having evidence suppressed, charges dropped or a plea deal approved. This can help a defendant earn an acquittal in his or her case instead of a conviction on all charges.
An Expert Attorney Knows Which Questions to Ask During a Trial
A lawyer who knows what he or she is doing will be able to ask questions that will yield favorable answers. Having the ability to craft a narrative that creates doubt in the minds of the jury as to whether the accused actually did anything wrong can go a long way toward earning an acquittal for the defendant. Another benefit to knowing how to ask good questions is that the attorney is not seen as unprepared or unworthy of being in the courtroom. If your attorney is seen as an ametuer, he or she may be the subject of numerous objections and overall have a hard time presenting a good defense that will sway the minds of jurors.
Expert Attorneys Know Legal Precedent and How to Use It
The way that laws are interpreted today are based on rulings made in the past. A good lawyer will be able to use those rulings and interpretations to his or her advantage when crafting a defense against the charges that you face. For example, if you are facing DUI charges, a good attorney may be able to question whether the traffic stop that lead to your charges was carried out legally.
Your attorney could be the difference between spending years in jail and spending the next holiday season with your family. Therefore, it is important to spend time researching your options and interviewing as many attorneys as possible before making a decision.
The first question a defendant accused of driving under the influence of an intoxicant (DUI) may face is whether to get a lawyer. The answer is yes in all cases, no exceptions. The federal, provincial, and territorial governments take an exceedingly dim view of DUI cases, and neither forbearance nor leniency is any part of their policy of full, zero-tolerant, all-out prosecution.
A defendant for the first time charged with a DUI making a first court appearance without a lawyer should request a continuance of two or three weeks to find and retain one. If the prosecutor provides a disclosure package of police notes and witness statements, a synopsis of the DUI charge, and a charge screening form, the defendant should safeguard it for the lawyer selected.
The accused may wonder whether to plead guilty or to fight the DUI charge and whether, if pleading guilty, there is nevertheless any need for a lawyer. After all, what legal knowledge or skill goes into a simple admission of guilty as charged, and won’t the defendant be better off financially without the cost of a legal fee? The answer to this question is that guilty pleas should be negotiated for concessions, as many as possible, not just offered to the government as gifts, and skillful DUI lawyers with experience in guilty plea negotiations invariably always obtain for their clients plea bargain offers more favorable than offers defendants can obtain representing themselves.
Pleading guilty, however, means a lifetime record of a criminal conviction. Fines can be paid, jail time can be served, but a conviction is forever. It never goes away. An accused with ideas about becoming a teacher, a police officer, a financial, legal, or medical professional, or a government administrator may give up any chance to reach such career goals if convicted of DUI as there may be adverse consequences under statutory and regulatory requirements for appointment or licensure.
Prosecutors sometimes say defense lawyers who do not advise (or persuade) clients to plead guilty are gamblers merely trusting to fate or luck to deliver acquittals, but the truth is that any lawyer who can postulate a rational theory of client innocence, select facts of the case to support the theory, and from those facts make plausible arguments for a not-guilty verdict may be able to prevail against the prosecutor, and in any case gambling would make sense when the only alternative is certain defeat.
To defend against a DUI charge requires first a detailed preliminary consultation between lawyer and client about exactly what the accused ate and drank, what the police saw, said, and did, and how they operated the Breathalyzer instrument. Were there any witnesses? Did the police follow all the rules in reading the rights of the accused?
The lawyer should advise the client to prepare for any DUI court appearance by dressing formally and by anticipating delays from bad weather, traffic, parking, and courthouse entrance queues to arrive on time or early to show respect. If the accused client has a cellphone, the ringer should be disabled at all times inside the courthouse. The client should be advised to sit up erectly and to stay alert. A businesslike demeanor and constant punctuality never fail to convey to authorities an impression of serious purpose, respectful attitude, and sense of social responsibility.
The lawyer should advise the accused client to speak up loudly and slowly if testifying as a witness and, whenever the trial courtroom is not in use and accessible, should prepare the testimony by having the accused client sit in the witness chair and practice answering questions that the lawyer will ask on direct examination and the prosecutor may ask on cross-examination. The practice session gives the client not only a preview of the examination questions but also an opportunity to become familiar with and comfortable in the actual examination setting.
If the defense is unconvincing and the verdict is adverse, a good allocution or sentencing presentation may achieve a tolerable if not desirable result by winning for the client whatever discretionary favors are available. The lawyer should submit to the court a sentencing memorandum describing the client as full of virtue if prone to error and as determined to render redemption for his offence and never to repeat it. The lawyer should argue orally at the hearing and prepare the client to make a brief personal presentation requesting the best possible result. The lawyer might say,
Stand up straight, look at the judge, and say in a loud, slow voice whatever you want but make these four points: “Your Honor, I want probation, I know I can make it, I’ll give it 100-percent effort, and you’ll never see me in criminal court again.”