Wednesday, November 11, 2009

How to Determine Fault of a Slip and Fall Injury

Every year, millions of people across the country suffer injuries as a result of a slip and fall accident. Some people have even lost their lives as the result of a serious injury. If a slip and fall occurs on someone else's property, the property owner may possibly be at-fault. If one suffers a slip and fall injury on that property, they have to determine who is at fault.

The person or company maintaining the property, or the actual property owner, has a duty to ensure that foreseeable causes of an injury do not exist on the property. For instance, in a mall, when the floor is wet from mopping, staff must place safety cones around the area or post warning signs so customers take care not to walk on a wet and slippery floor. If they don't, the mall may be liable if someone slips and falls on the floor and suffers an injury.

A slip and fall injury can be the result of unsafe surfaces where people walk, torn up carpeting, icy walkways, unsecured floorboards, cracks in the pavement, improper warning about a hazardous condition ahead…etc. To determine if your injury is the result of the negligence of another, you have to determine if the conditions that caused the slip and fall were out of the ordinary or could have easily been prevented.

If a property owner has done everything to warn the public of the hazard, he or she may not be liable. As well, if the condition is common and other people have not slipped and fallen, then the property owner may not be liable. It may have just been a coincidence that one slipped and fell. As well, a property owner will likely not be liable for someone slipping and falling on something that an ordinary person would expect to avoid. That is, we all have personal responsibility to take a certain amount of care when walking

A person or company may be liable for such conditions as: if they were responsible for leaving the area dangerous such as if they caused a spill on a floor, the owner was aware that there was a dangerous situation and did nothing to fix it, and the owner should have known that a slip and fall could occur as a result of the conditions and just left the conditions in the hazardous state. As well, there could be liability if the owner did not maintain proper health and safety examinations of the property, there was no reason for the object that was tripped over to be there, there were other places where the object could have been placed that were much safer, and inadequate lighting caused the person not to see there was hazard ahead.

The best way to determine if your injury was the result of another person's negligence is to consult with a personal injury lawyer. They have the knowledge and experience to determine who was at fault for the cause of the slip and fall. As well, they have access to experts in safety, accident deconstructionists, and medical experts. By consulting with a personal injury attorney, you will get an honest assessment on whether you have a valid slip and fall claim.

About the Author:
When you're involved in an accident, file a personal injury claim. Do not underestimate the accident benefits, as it could be substantial. Hire a personal injury lawyer Toronto to receive some professional opinions. http://www.bergellaw.com

Keyword tags: legal,law,lawyer,health,injury,Accident,traffic,litigation,Slip Fall Injury,Brain injury

What Are the Liquor Laws Regarding Restaurants in Canada?

In Canada, when one has a restaurant that serves liquor, they are required to have a liquor license. Issuing a liquor license is the responsibility of provincial governments. The guidelines for obtaining a liquor license in Canada can vary, but there are general laws that restaurants must abide by in order to receive and maintain a liquor license.

Each province will categorize liquor licenses into specific licenses or classes. Generally speaking, this can include: special event licenses, licenses for restaurants, lounges... etc., licenses for recreational facilities, canteens...etc, licenses for private clubs, licenses for retail liquor stores, hotels...etc, and licenses for making liquor. How the various establishments are classified will depend on the province.

The purpose of these licenses is to ensure that liquor is being managed in a responsible manner. In each province's plan, "liquor" refers to all categories of beverage alcohol including beer, wine, spirits, liqueurs, and coolers. The regulations serve as direction on how to sell, serve, manage, and purchase alcohol.

In general, liquor laws in Canada can include: how and where one can drink alcohol such as not permitting customers to leave the restaurant with the alcohol, the age of which one can be served alcohol, how to sell the alcohol such as by traditional payment or by another method such as using tickets, and how to store the alcohol. A specific license is normally issued for the sale and consumption of liquor in establishments where food is served.

There are also regulations regarding minors in a restaurant that serves alcohol. As well, there are other regulations such as a food menu that must be available to customers during the hours that liquor service is available. Also, a properly equipped liquor service bar is required. The liquor service area should normally include the following: backup stock and empty container storage area, appropriate refrigeration, an area for beverage preparation, and an accurate measuring device for making and serving alcohol spirits. The restaurant should also have the appropriate security to prevent theft of their alcohol.

In most provinces, members of the Canadian Restaurant and Food Services Association require restaurant owners to complete a liquor service training regulations program. The test is normally taken by alcohol retailers, restaurant owners, licensees, servers, and people providing alcohol under a special occasion license.

Provincial governments mandate that establishments that serve alcohol encourage their customers to drink alcoholic beverages moderately and avoid drinking and driving. Every operator of a licensed establishment should provide a policy on responsible alcohol service. The best way to ensure that you and your staff understand the responsibilities of selling alcohol is through a training program.

When applying for a liquor license, restaurants owners have to jump through a few hoops to obtain the permit. Although, it may seem annoying, liquor license regulations are designed to protect the consumer and the restaurant. It is important to check with your local government agency to get a list of all their rules and regulations so the process of getting the license will be much easier.

About the Author:
When trying to find a local restaurant in your area the best place to check is local Canadian online directories. Whether you're searching for an Edmonton restaurant or an Ottawa restaurant you will find a wide range of dining options online. http://www.canpages.ca/

Keyword tags: liquor laws,liquor license,restaurants,canadian restaurants,health,restaurant,local restaurant

Monday, November 9, 2009

How to Select the Right Lawyer For You

For anyone having to find a lawyer, it quickly becomes obvious how daunting a task this can be. Using the yellow pages is like swimming in a sea of lawyers and not knowing where to turn. Sometimes even with recommendations, it can be difficult to find the right lawyer for you.

The first thing you need to do is determine what type of lawyer you need based on your legal issue. The categories of lawyers are varied but include civil law, family law, criminal law and taxation law.

Other important factors to consider when looking for the right lawyer for you include:

Experience: The years of experience that the lawyer has is an important and not to be overlooked criteria. Not only should they have experience practicing law, but especially in the area in which you need legal representation. A lawyer may be great at real estate matters but not so good with criminal cases.

Cost: Generally lawyers are expensive, but don't just pick a lawyer because he's expensive or because you think he's reasonable. The most expensive lawyers are not always the best and those who don't charge an arm and a leg may be fantastic. As such don't make price your primary deciding factor when selecting the right lawyer for your needs.

References: If possible get references from former clients and check them out if you can. Try and find out how many cases they have won. Also, of equal importance, when selecting a lawyer try to find out if he or she is seen as being professional in their dealings.

Referrals: Don't be afraid to ask family members, colleague...etc for recommendations. If you are going through a divorce, ask someone who may have had a divorce to recommend a lawyer.

If you have a lawyer you can ask them to refer a lawyer if they do not practice in that particular area. So your divorce lawyer may be able to refer you to a good real estate lawyer and vice versa.

Your comfort level: Never discount your gut feelings. Once you have done all the necessary due diligence, sit down with the lawyer you have decided on. You must follow your feelings when talking to any prospective lawyer. Try to decipher whether they seem genuinely interested in your case and in helping you. If you are not comfortable with the lawyer you have chosen you will not be a good fit. If you have any doubts, find another lawyer. You have to be comfortable with your lawyer and believe that they will work in your best interest.

Sometimes when looking for a professional, age is used as a determining factor. However, this is not necessarily a good indicator of a lawyer's experience or capabilities. Sometimes a young lawyer trying to make his or her mark will work harder to win a case and do a good job for their client.

After choosing the right lawyer for you, make sure to get as much information as you can on the cost and payment options. Knowing the payment options will help you be prepared to pay for legal representation once you have decided on the right lawyer.

About the Author:
We use our experience as former Special Unit Assistant State Attorneys to aggressively, creatively, and professionally defend individuals charged with a crime. Contact us 24 hours a day, 7 days a week for your free consultation. http://www.lyonssnyder.com/

Keyword tags: attorney,criminal defense,criminal defense lawyer,defense lawyer,criminal defense attorney,legal,law

The Advantages of Being a Medical Expert Witness

Civil litigation is usually the result of a person who feels they have suffered harm due to the negligence of another person or organization. Claims will involve seeking damages as a result of such judicial findings as failing to provide a standard of care that can include failure to provide appropriate medical treatment, failure to prevent probable injuries, deliberate misconduct, failure to provide the right medical test results...etc. An essential component of civil litigation that involves physical and emotional damage is the medical expert witness.

The medical expert witness provides evidence and testimony for either the defense or plaintiff in a case. He or she is also used in criminal cases where one is accused of committing a crime that involved injury or death. Expert witnesses are normally enlisted to testify in such cases as vehicle accidents, medical malpractice claims, slip and fall incidents, improper medical diagnosis or treatment, and much more. Medical expert witnesses are enlisted by the state such as in a criminal trial, or they are used by either the defense or plaintiff in a civil trial.

There are many advantages to becoming a medical expert witness. The fee one receives can be quite substantial. One can make a fairly good living as a medical expert witness. Expert witnesses can be paid hourly or as a lump sum. Fees can range from $50.00 per hour to over $500.00 per hour. They are paid for their particular medical experience and for providing the facts, including how they arrived at their conclusion after they have studied the facts.

The medical expert witness can also be considered a valued part of maintaining the integrity of the judicial system. Most medical expert witnesses are hired because of the nature of the particular case and that they specialize in that area. There is a high expectation that these expert witnesses are unbiased and present their opinions in an unbiased manner. A quality medical expert medical can gain a lot of respect and recognition for their work.

Most prosecutors and law firms have their own list of medical expert witnesses. The attorney will assess a case to determine which type of medical expert would help his or her case. Although they are paid for their services by a law firm or the state, medical expert witnesses are mandated to follow a strict code of ethics. They must also have the experience, education, and qualifications to be considered a medical expert. When assessing whether one is a medical expert, Judges will consider whether the expert's opinion has been reviewed by other peers in the medical community and if the opinion has been accepted by others in his or field. The guidelines to accept one as an expert medical witness vary from state to state, and federally. In general, most state laws conform to federal rules regarding malpractice expert testimony. It is important for one to understand both the state and federal guidelines for becoming an expert witness.

The medical expert witness plays an important role in determining medical negligence. Courts and juries rely on the testimony of expert witnesses in order to make their own conclusions. A medical expert witness is a rewarding and lucrative career.

About the Author:
In a jury trial, the testimony of a medical expert is very important. Medical expert witnesses can potentially influence the outcome of the case. In order for the outcome of the trial to be fair, the expert witness service must be unbiased and provide professional insights. http://www.jdmd.com

Keyword tags: legal,law,witness,medical,dental,physician,malpractice,expert witness,dental malpractice

Sunday, November 8, 2009

Personal Injury is Serious, Hire a Lawyer For a Second Opinion

When one is the victim of an incident resulting in physical or emotional damage, they have to decide if the injury is the result of the negligence of another. This can be a difficult and an overwhelming task if you were to make this determination on your own. The best thing you can do is hire a lawyer for a second opinion.

When you search for a lawyer to consult and possibly represent you in a personal injury claim, it is recommended that you seek the services of a personal injury lawyer. Personal injury lawyers specialize in personal injury litigation. Such personal injury claims can include: medical practice, workplace injuries, slip and fall, assaults, and poor standard products. The claim one files will be based on physical or emotional injury one suffers from the incident. Damages sought usually involve financial compensation.

A personal injury lawyer will review your case, consult case law, as well as consult with medical expert witnesses to determine if you have a valid claim. If you have a valid claim, the attorney will handle every aspect of preparing and presenting your case before the courts. This includes filing the claim, serving the appropriate parties, acquiring medical expert witness and other witnesses, acquiring the medical and/or police reports, arranging for discoveries, filing motions, and much more. A personal injury lawyer basically works on your behalf to achieve the best possible outcome.

If you win your case, your personal injury lawyer will help you get the best compensation in such areas as punitive damages and damages for such expenses incurred as hospital care, medical treatment, loss of wages, transportation costs associated with recovery, rehabilitation, counseling, lifelong medical expenses and care…etc.

A personal injury lawyer will work hard to ensure that you are not taken advantage by the opposing parties and their tactics. They will make sure the litigation process does not get stalled and that the compensation you receive is what is deemed fair. Because personal injury cases can take up to two years and sometimes more, it can be draining on the client, especially a client who is in recovery. It is important that a qualified and experience attorney is guiding one through the complicated civil litigation process.

Because every personal injury case has it unique aspects, a personal injury lawyer will help determine if you actually have a claim and he or she will make the claim litigation process easy to understand. When people look for a personal injury lawyer to represent them, they should focus their search on lawyers that specialize in their specific injury.

If you or a loved one are involved in an injury that may be the result of the negligence of another, consulting and enlisting the services of a personal injury lawyer will reduce an already stressful situation and simplify the overwhelming complex issues regarding preparation and presentation of the claim, A personal injury lawyer will guide you through the litigation process and answer any of your questions. As well, hiring a personal injury lawyer will greatly increase the likelihood of having a successful outcome.

About the Author:
When you're involved in an accident, file a personal injury claim. Do not underestimate the accident benefits, as it could be substantial. Hire a personal injury lawyer Toronto to receive some professional opinions. http://www.bergellaw.com

Keyword tags: legal,law,lawyer,health,injury,Accident,traffic,litigation,Slip Fall Injury,Brain injury

Friday, October 30, 2009

What Are ‘No Win No Fee Solicitors’?

If you have suffered a personal injury and it was someone else's fault, a no win, no fee solicitor can help you claim compensation for your injury and lost earnings. Using a no win no fee solicitor means you will not have to pay a fee if you lose your case. Even if you win, the other side will usually be liable for your fees and expenses, meaning you can claim 100% of your compensation.

Why would a solicitor take on a case, knowing they might not be paid for their work?

No win no fee personal injury solicitors take on personal injury cases on the understanding that, should they lose the case, they will not be paid for their work. To balance this risk, the solicitor is entitled to claim an extra success fee from the other side, on top of their regular fee, should you win your case. This is how solicitors can take on no win no fee cases despite the potential risk of losing and forfeiting their fees.

How to choose a no win no fee personal injury solicitor

There are now a number of legal firms and claims companies specialising in no win no fee claims. It is important to find an appropriate specialist solicitor to deal with your particular personal injury case, and to ensure your chosen solicitor is reliable and well experienced in the no win no fee space.

To do this, you can either contact law firms directly or contact a reputable personal injury claims company, who will be able to put you in touch with a specialist solicitor in your area who is willing to take on your case.

What will happen next?

Once you have found your solicitor, they will talk you through the claims process and give you any advice and information you need.

Letter of claim

Once you have spoken to your solicitor and agreed to go ahead with your compensation claim, they will send a 'letter of claim' to the defendant, stating that you are claiming compensation from them.

Medical assessment

Though your personal injury solicitor will be able to complete most of the paperwork on your behalf, you will usually be expected to undergo a medical assessment to determine the nature of your injury. This is one reason why an early claim is more likely to be a success, since your injury will usually be easier to assess soon after the accident.

Schedule of losses

Next, your solicitor will prepare a schedule of losses, showing what you intend to claim for and asking for the defendant to pay compensation.

Claim accepted / claim disputed

The claim is then either accepted, meaning the defendant has agreed to pay compensation, in which case your solicitor will negotiate with them on your behalf, or the claim is disputed. If an agreement cannot be reached, the case will subsequently go to court.

Case won / case lost

If the court case is lost you will not have to pay any costs or fees because the case was taken on on a no win no fee basis. If you win, you should keep all of your compensation and all fees and expenses will usually be paid by the other side.

About the Author:
National Accident Helpline can put you in touch with a personal injury solicitor (http://www.national-accident-helpline.co.uk/personal-injury-claims/personal-injury-lawyers.html ).

Keyword tags: no win no fee solicitor, personal injury solicitor,personal injury,injury solicitor, no win no fee

Compensation: Top 5 Reasons to Make a Compensation Claim

If you have suffered as a result an accident which wasn't your fault, there are a number of reasons to claim compensation, including the ability to regain lost earnings, and the reduced likelihood of the same accident happening to somebody else. Here are the top five reasons to make a claim for personal injury compensation.

1)To regain lost earnings and medical expenses

The time period following an accident can lead to financial problems for a number of reasons, especially if a debilitating injury is involved. Any serious injury due to an accident will have led to suffering and potential recuperation costs, and could have caused you to lose earnings as a result. A compensation claim should repay you for any earnings lost as a result of the injury and could help with other costs, such as medical and recuperation expenses, as well.

2)You can make a personal injury compensation claim on a no win, no fee basis

'No win, no fee' means that if you make a claim for compensation which doesn't succeed, you will not pay a penny in solicitor's fees or other costs, essentially giving you free access to justice. If you win your case, you should gain 100% of your compensation. In almost all cases, there is no chance of losing money as a result of making a no win no fee personal injury claim. This is a huge positive in favour of making a personal injury compensation claim.

3)If you make a claim, the same accident is less likely to happen to someone else

A compensation claim can prevent further injury victims if an accident hazard is subsequently removed. If you make a claim following an accident which happened because your employer failed to meet health and safety measures, for example, your employer will be compelled to take more care over health and safety protocol in the future. These measures may prevent accidents happening to people working in the same situation in the future.

4)Your solicitor will complete most of paperwork and negotiate on your behalf

Many people are daunted by the idea that there will be a mountain of complex paperwork for them to complete, or stressful negotiations to take on, if they get involved in making a compensation claim. The prospect of paperwork can be particularly unpleasant to anyone suffering from an injury which is causing them pain and anxiety. In fact, a solicitor will be able to complete any complicated paperwork and take on any negotiations on your behalf.

5)If you don't claim soon, it could be too late

While a claim doesn't need to be made immediately following an accident, it is beneficial to initiate a claim as soon as possible, for a number of reasons. Firstly, if three years pass between the incident and the initiation of a claim, the claim will be invalid. It is usually necessary to claim within three years (exceptions to this including asbestos-related diseases). Furthermore, the sooner you make a claim, the sooner the compensation will become available to help with recuperation costs and lost earnings.

About the Author:
National Accident Helpline (http://www.national-accident-helpline.co.uk/compensation-claims.html) are specialists in personal injury compensation claims. Our solicitors help victims of accidents make a claim for personal injury.

Keyword tags: no win no fee, claim, compensation, personal injury, accident, injury