Neurosurgery malpractice claims are difficult for the medical malpractice attorney. There are multiple challenges associated with these claims that must be overcome in order to obtain a recovery of compensatory damages for your client. These cases are typically expensive and time-consuming.

The first challenge associated with neurosurgery malpractice claims is finding an expert who is willing to review the chart. The American Association of Neurological Surgeons (AANS) has taken an aggressive stance towards neurosurgeons who testify against other neurosurgeons. The AANS has enacted a code of ethics for expert witnesses which permits an existing member to bring charges against a fellow neurosurgeon who testifies against him or her. On the other hand, patients are not afforded standing to bring similar charges against a defense neurosurgeon who grossly exaggerates the state of the medical literature and perpetrates fraudulent medical opinions at trial. The punitive actions of the AANS board against neurosurgeons who testify against fellow neurosurgeons has a chilling effect on the willingness of neurosurgeons to testify against one another. Retired neurosurgeons who retained the knowledge, training and skill level of actively practicing neurosurgeons are often barred by state law from reviewing cases. For example, in the State of Ohio, a medical expert must be actively engaged in the practice of medicine. Therefore, a retired neurosurgeon cannot render opinions against a fellow neurosurgeon in this state.

A second challenge in neurosurgery malpractice cases, i.e., medical negligence cases arising out of mistakes made by a neurosurgeon, exist by virtue of the complexity of neural surgical medicine. Brain surgeons and rocket scientists are commonly understood to be the most highly trained and educated individuals on the planet. However, when a neurological surgeon makes a mistake, he or she should be held accountable.

Complex medical concepts often foil a medical malpractice attorney’s ability to prove a claim for medical negligence to a lay jury. The more complex the subject matter, the more likely the lay jurors will throw up their hands and claim that the plaintiff has not met their burden of proof. Like most areas of medicine, neurosurgery is getting even more complicated as new procedures and diagnostic modalities come into existence.

Finally, there is tremendous bias in favor of all doctors, but especially neurosurgeons. Lay jurors are in awe of neurosurgeons. In a common word association game, lay people associate neurosurgeons with the word “hero.” By contrast, many people look down their nose at individuals who bring lawsuits against doctors and medical malpractice attorneys who represent them. These vastly disparate biases operate against the plaintiff who was been harmed by medical mistake, medical error or negligent act of a neurosurgeon.

Despite these challenges, medical malpractice lawyers continue to evaluate claims arising out of negligent neurosurgical care. The brain is an unforgiving organ, such that when a mistake is made, the damages devastating and permanent. Lawyers must continue to evaluate these claims in order to hold neurosurgeons accountable and promote good neurosurgical practices to protect patients in the future. If you have questions about a case, contact a personal injury attorney, like Mishkind Kulwicki Law Co., L.P.A.,a personal injury attorney, for advice.

When drawing up an estate plan, there is a lot of misinformation that clients bring to their lawyers. If you are stuck between a will and a trust or if you fear that you need to avoid probate court at all costs, the decision may not be as complex as you think.

You do not always need to avoid probate. Before you decide between a will and a trust, here is what you need to know about probate.

Probate Is Not Always Expensive

Some people believe that probate is too expensive. It’s true that probate costs money, but it won’t deplete your assets. The cost will depend on the size of your estate. In most cases, the costs will range anywhere from about three percent to seven percent. The court will take these fees upfront and leave the rest of the estate for your executor to spend on debts before he or she provides the money and assets to the beneficiaries. While probate can be expensive, the cost isn’t extensive for most.

Probate Will Not Take Years

There is a misconception that probate will take too much time. If you’re worried that your family will be hung up on probate for years after you pass, they probably won’t be. Probate does take longer than distributing assets from a trust. In very rare instances, probate can take years. This is when there is a complex estate involved or when there is a contest over the will. Uncomplicated estates can close in just a few months. Many people’s estates close within a few months to a year.

Probate Can Make Sense

If you have a modest estate, you might not see the point of a trust. This is the case for a lot of families. While modest estates can still benefit from a trust, there is no point in spending the money if you feel as though a will and probate can fulfil your estate planning needs. Probate works great for uncomplicated estates. If you don’t expect your family to try to contest your will or if you have a clause that prohibits a contest, then probate may be smooth sailing for your loved ones.

Your estate plan is 100 percent customizable. You do not have to judge your estate plan based on what works for other people. Contact an estate attorney, like the attorneys at Klenk Law  to discuss your obligations.

There is a tremendous strain on the criminal system and prisons because people are charged with crimes daily. Criminal cases that must go to trial are time-consuming, which is a primary reason prosecutors may be motivated to either offer or accept plea bargains. Having an understanding of plea bargains, and the types that may be available can be helpful for someone who is facing criminal charges. Once an agreement has been made, a judge will review it before finalizing the plea bargain. Handling a plea bargain is typically not something a person can handle on their own, making it essential that you reach out for counsel from a criminal defense lawyer. 

Plea Bargains

When dealing with criminal charges, no one wants to find themselves facing a guilty verdict when the case is finally resolved. Even if you were not guilty of the crime you have been charged with, in some cases, it might be in your best interest to consider a plea bargain. A plea bargain is an agreement that is made between the defendant, their lawyer, and the prosecutor. During negotiations, you may decide to either plead guilty to a lesser charge or sentence or have some charges dismissed. Standard plea bargains that your criminal defense lawyer may present to you are:

Sentence Bargaining: after hearing the recommended sentence from the prosecutor, the defendant enters a plea of either guilty or no contest

Charge Bargaining: pleading to a lesser charge

Count Bargaining: pleading to only one or more charges

Plea bargains involve a fair amount of negotiation on the part of your lawyer. Working with a criminal defense lawyer with savvy negotiation skills and a positive relationship with the court system can help with managing negotiations. 

Reasons to Accept a Plea Bargain

Most people dealing with a criminal charge may be wondering why they should even consider accepting a plea bargain, especially if there’s a chance at a not guilty verdict. Be aware that when facing the criminal court system, there are no guarantees. Here are some reasons a plea bargain may be in your best interest:

• Save yourself the headache of a lengthy court process
• Protect your family from the stress of being involved
• The ability to have a charge that carries a significant amount of stigma reduced
• Save the legal expenses that are incurred should your case go to trial

Facing substantial jail time, a significant criminal conviction, and expensive fines can be a heavy weight to carry. Speak with your lawyer about whether it’s in your best interest to consider a plea bargain with your case.  

The Counsel of a Criminal Defense Lawyer

Trials can be long and drawn out. In some cases, it may not make sense to subject yourself to this process. Trials can result in lengthy investigations and court proceedings. In some cases, criminal trials may receive more extensive media coverage than if you were to accept a plea bargain. Contacting an experienced lawyer can help to weigh your options in a matter that keeps your best interests at the forefront. For more information about plea bargains and your specific legal issue, contact a criminal lawyer in Civic Center San Francisco, CA to schedule an appointment. 

Thanks to Hallinan Law Firm for their insight into criminal defense and plea bargains.

Personal Injury Attorney

When you were young, your parents or caretakers attempted to shield and protect you from situations that could harm you. They often hovered over you until you completed tasks or reminded you over and over again until it was accomplished. As you get older and your parents, aunts, uncles, or loved ones age, the roles become reversed. The difference is that you are unable to provide the same approach to your parents when you are concerned for their health and wellbeing.

The Importance of Planning Ahead

Our society has taught our loved ones not to discuss their financials, last wishes, or any hard topic conversations that we actually need to talk about to ensure that things are in order for our family when they age. Before, conversations were kept secret so that we had a childhood and didn’t worry ourselves with adult problems. The growing trend is to push things aside and not deal with them until the time arises. Why not facilitate these conversations now, as uncomfortable as they may be, and avoid the turmoil later?

It is your job to ensure your loved ones’ safety and you now have become their guardian. As a parent, you never want to be a burden or admit that you need help or assistance, especially to your own children. Many people would rather contact a third party facility for assistance than burden their children with their worries or concerns. Have you ever wondered how you can assist with breaking this cycle? How can you effectively communicate with your parents that you are their biggest advocate, supporter, and you want to be their go-to person?

Hire a Lawyer to Help

A good lawyer will have first hand knowledge of having these difficult conversations with your loved ones. A law firm can assist with strategizing finances, planning for retirement, Medicaid, VA Benefits, wills, trusts, life planning document preparation, probate and estates, guardianships, and Social Security Disability.

A good firm will be an advocate or voice for your loved ones when it comes to elder law. Elder law consists of many different varieties of things such as demands for payment of loans, disputing power of attorneys, or medical power of attorneys due to mental capacity issues. Many law firms have a dedicated team of attorneys that pursue litigation cases for fraud, forgery, mismanagement of funds, durable power of attorney abuse, elder abuse, and overall civil rights for elders.

The best remedy with starting these types of conversations is to simply be honest, open, and direct. A listening ear and closed mouth at first often allows you to discover the most important first step — being heard. Taking the time to sit down with your loved ones and truly listen to their wishes is the biggest part in gaining trust and understanding of the situation. At some point, when dealing with dementia or Alzheimer’s, you are not able to do as they may direct you; however, hopefully by the time they are diagnosed you have already come up with a strategy as to financial planning and healthcare needs. It is always beneficial to consult with an attorney to seek the advice needed for your loved ones.

Planning for The Future

All of these areas of law have one thing in common — no one wants to plan for the inevitable. No one likes to discuss death or growing old. When was the last time you sat down for dinner with the family and discussed burial plots or your last wishes? The consensus would be unanimously across the board with a slim to none chance. Even in the line of work dealing with the elderly, some of the most awkward topics of conversation happen at the most inopportune times with family members.

For example, a client may be driving down the road and turn to their spouse and state, “I want lilies and white roses at my funeral!” The usual response is, “What is wrong with you?! Don’t say that.” Many people have rambled off so many different ideas that no one is going to remember them all, so you must compile a list of all their wishes down to the music, poems, colors of their attire, photos, and even fragrances they wish to wear. 

Working with an Attorney

A majority of people plan for graduations, weddings, birthdays, vacations, purchasing a home, and some even have the whole retirement thing accomplished. Yet, as a society, a majority of people do not want to discuss these difficult topics or sit down to plan for them. In dealing with wills, trusts, and life planning documents, attorneys and staff gather information to pass down to their loved ones once they are gone. They need to have difficult conversations when a client’s son or daughter contact the firm to inform them of their passing and need direction as to where to go from there. When dealing with probate and estates, they often contact the firm to probate the will or administer their trusts. In doing so, the firm gets the pleasure of letting them know what was discussed at their meetings. Many attorneys encourage their clients to write a little note to their loved ones or tell a joke that they would want to be shared with them. They may mention a  phrase that every member of the family knows them for making or a memory that they want to share with their family.

Often the saddest part of sharing these things is that a lot of the time clients state that they did not know these things about their loved ones lives. A common response is that, “They simply would not open up to us about these topics.” All you simply have to do is to stop and take the time to listen to them. Do not be afraid to ask questions or even show interest in planning for the future. With all the technology nowadays and society being so fast paced, you often forget to stop and have an actual conversation.

No one person is able to control their future of growing older, however you’re able to make your life plan unique by preparing an estate plan with an estate planning lawyer, like an estate planning lawyer in Arlington, TX. 

Thanks to Brandy Austin Law Firm, PLLC for their insight into taking care of your aging relatives and preparing an estate plan before they get older. 

Personal Injury Attorney

Starting a small business is an incredible undertaking. Not only will you find yourself dependent upon yourself for an income, the success of your small business relies on it. Many find the prospect of a business partnership attractive for a variety of reasons, including:

• To share the workload
• To share the financial expense
• To share ideas
• To play off of each other’s strengths

While there can be several benefits, it’s crucial to develop agreements right from the start carefully. This is essential to ensuring that you have a plan in place for how you will manage should the business face challenges or you and your partner experience a disagreement. Additionally, should one business partner file for bankruptcy, you will both need to know how to manage this, and how it will impact the other person. When facing the prospect of either personal bankruptcy or bankruptcy as a small business partnership, it’s essential to speak with a bankruptcy lawyer for guidance. 

Developing Agreements From the Start

You and your business partner must develop agreements right from the start. Having agreements can ensure that you have a clear plan for how you will manage day to day operations in addition to the unexpected. In the absence of agreements, problems can inevitably arise. Working with a lawyer can help to ensure that nothing is left out of a partnership agreement and that you have a plan for how you will manage a bankruptcy or dissolution of the business. 

Personal Bankruptcies

Should one business partner file for personal bankruptcy, it will be important to consider how this filing might impact the business and the other business partner. When two people come together to form a partnership, the last thing they may consider is the debt that the other person may be carrying. Unfortunately, many fail to consider that there could be consequences to this in the event that a partner files for personal bankruptcy. For example, if you are sharing a loan with your business partner, and they file for personal bankruptcy, you could be left responsible for the entire loan, especially if the other party’s debts are discharged.

You May Be Able to Continue Operations

When your partner files for personal bankruptcy, your thoughts may turn to the impact this may have on your business. Be aware that you may be able to continue operating your business. However, it may be in your best interest to speak with a bankruptcy lawyer for the help that you deserve. You may have a few options before you, such as a loan modification, buying out your business partner, or filing for bankruptcy yourself. Chances are, if your business partner is having financial troubles or has not been straightforward with you, you may have concluded that you no longer wish to be in business with them. 

If you are in a business partnership, there are a few things that may happen. You and your business partner may choose to file for bankruptcy as a business partnership, or one business partner may want to file individually. Because of this, you must consult with a small business bankruptcy lawyer in New Haven, CT. They can provide you with guidance and help to ensure that you and your business are protected. 

Thanks to The Law Offices of Ronald I. Chorches for their insight into bankruptcy law and owning business.

Personal Injury Attorney

In most auto accident cases, it starts with police officers arriving at the scene to take a report of the incident and offer help where needed. An officer may take statements from witnesses, describe the extent of damage to each vehicle, and ensure that anyone injured gets medical attention. If one of the drivers appears under the influence, they will include these signs of intoxication in the report. The officer may also require that the driver participates in a field sobriety test.

Types of Sobriety Tests/Alcohol Screenings

There are a couple different types of tests that the officer may have a driver perform. The most common are “field sobriety tests”, in which the driver is put through a series of physical/mental tests that are designed to determine whether someone is sober or not. The second is called “preliminary alcohol screening test”, where a breathalyzer is utilized at the scene to measure a driver’s blood alcohol content (BAC). Based on the findings, the officer may choose to arrest a driver for a DUI and then transfer them to a health care center for further testing or the local police station. 

Consequences For a DUI and Accident

The officer may assume that the driver who was under the influence had caused the accident, and their report may be biased against that driver. This is why it is important to not share more information than what is required for booking purposes and to ask for an attorney before cooperating further. Anything that the accused says from the arrest and on can be used against them.

Since a person was arrested for a DUI at the scene of the accident, they may be automatically assumed responsible. The driver arrested may even feel at-fault and remorseful for their actions. However, it is possible that there are other variables which contributed to the collision that the driver arrested for a DUI isn’t aware of yet. Never admit guilt verbally or in writing, even if you believe you are partially at-fault. 

The consequences for a first-time DUI arrest often include the following:

• Suspension of license for up to one year
• 1-2 days in a county jail
• Requirement to attend DUI driver’s school
• Being placed on probation by a court judge
• Having to complete a rehabilitation program
• Thousands of dollars in fines
• Punitive damages to the supposed victim 

About Punitive Damages

The supposed victim driver in the car accident may file a case against the DUI driver in an effort to collect on both economic and non-economic damages. And while being intoxicated behind the wheel surely isn’t going to help that driver’s case, it doesn’t automatically mean that they are at-fault. During this time it is imperative that a criminal defense attorney, like a criminal defense attorney in San Francisco, CA from the Morales Law Firm, is hired to represent the driver in the civil lawsuit.

• Economic Damages: medical expenses, damage to property, lost wages, and hospitalization bills, etc. 
• Non-Economic Damages: loss of consortium, loss of enjoyment for life, and pain and suffering, etc. 

Personal Injury Attorney

Anyone who owns and operates a car or a motorcycle is required to carry insurance to cover property damage and personal injury in the event of an accident. The liability insurance a car or motorcycle owner secures must cover minimum property damage as well as personal injury. The minimum limits on the insurance are set by each state. Each state determines the following:

•     A minimum amount for injury or death to one person ($10,000 to $50,000 depending on the state)

•     A minimum amount for injury or death to more than one person ($20,000 to $100,000 depending on the state)

•     A minimum amount for damage to property ($5,000 to $65,000 depending on the state)

Anyone purchasing insurance may purchase additional coverage beyond these minimum amounts, and that is often the smart thing to do because these minimums would not be likely to cover the medical bills or property damages in a major car accident that results in catastrophic injuries.

Drivers should also consider purchasing uninsured or underinsured motorist insurance. This insurance would cover instances in which the driver is involved in a car accident with a negligent driver or motorcycle rider who carries no insurance or is only covered up to the minimum limits. This insurance fills in the gap and covers the insured’s medical bills and other expenses that exceed the low minimum amounts. Uninsured or underinsured motorist insurance may cover additional people, such as those living in the insured’s household, or a passenger in the insured’s car at the time of the accident. However, uninsured or underinsured motorist insurance generally does not apply if the insured was at fault in the accident.

Sometimes drivers who own motorcycles in addition to vehicles are surprised to learn that their auto insurance policies do not cover their motorcycles, and they have to seek separate coverage. In this case, if the person causes an accident while riding the motorcycle, the other injured party may have to file suit against the negligent rider, or seek an uninsured motorist claim against his own insurance company, if he has that coverage.  

Another issue to keep in mind is that dirt bikes are considered off-highway vehicles; they are not street legal and are not required to carry insurance. This means that if you are injured in an accident with a dirt bike that is being operated on a main highway, you may have to resort to your own insurance coverage or seek compensation directly from the negligent rider.

Contact a Lawyer for Legal Assistance

If you are injured in a motorcycle accident and the insurance companies are offering a low settlement amount, you need an experienced auto accident lawyer in Scottsdale, AZ advocating for you. For a free consultation, contact dedicated motorcycle accident injury attorneys today.

Thanks to the Yearin Law Office for their insight into personal injury claims and insurance for motorcyclists.

Personal Injury Attorney

If you and your spouse are going through a divorce, the idea of talking to him or her may seem daunting. You’re still very angry at your spouse and don’t want to speak to him or her. However, if you have children or are planning to divorce through mediation, you may have to communicate with your spouse from time to time.

Here are some tips for improving communication during your divorce.

Concentrate on the Present

If you have a lot of resentment towards your spouse, it might be tempting to bring up the past during your conversations. However, this will only cause accidents and not get you anywhere. Try to avoid talking about the past and focus on issues that are important right now, such as how to divide up marital assets or custody arrangements.

Don’t Communicate When You’re Upset

When you’re angry or upset at your spouse about something, you may want to scream and tell him or her off. However, this will only escalate the situation and might make you look bad to the judge. That’s why you should give yourself some time to calm down before you speak to your spouse.

Communicate in Public Spaces

If you have to have a conversation in person with your spouse, consider doing it in a coffee shop or other public place. If you talk to your spouse in your home, it will be easier to get into a heated argument. When you’re around other people, you may be less likely to scream and yell.

Limit How Many Text Messages You Send

Text messages should be reserved for only simple discussions. For example, if you’re just leaving to meet your spouse, it’s fine to text him or her and say you’re on your way. However, you shouldn’t send texts for issues that require a long discussion, as messages can easily get mixed up. You might be trying to say one thing when your spouse thinks you mean something entirely different. It’s better to call to discuss serious matters.

Don’t Communicate Through Third Parties

If you and your spouse are on bad terms, it may be tempting to communicate through a family member or friend. However, you shouldn’t put them on this spot like this. It can make your loved ones feel uncomfortable increase the risk of your messages not being delivered accurately.

If you’re planning to get a divorce, you should consult with an experienced family lawyer in Rockville, MD soon.

Thanks to Daniel J. Wright for their insight into family law and communicating with your spouse during divorce.