Can an attorney settle my personal injury case without asking me?

One of the main points stressed in personal injury law is that an attorney can never accept a settlement without the client’s consent. The lawyer must ask you first before they make any decisions on your behalf. After all, the settlement pertains to your life and your rights, not theirs. There is absolutely no wavering on this fact, no matter what the circumstances are.

Even if the amount of money offered in the settlement is not what the client wanted or expected, the client still needs to be told and advised on all the data and information making up the gross settlement. This includes the prospective attorney’s fees as well as any medical bills and hard costs. When these facts are not stated to the client, you can’t make an intelligent decision on if you should take the settlement being presented or reject it in the hopes of what you’re looking for.

However, if you see that your attorney automatically accepted the settlement offered without even talking to you about the terms, he or she violated a fiduciary duty owed to you. When the attorney doesn’t discuss the settlement with you beforehand, they are taking advantage of their position. They are using their title, knowledge and experience to their own advantage. Remember, you are trusting this individual because they have superior mastery of this area. You believe their advice to be honorable and honest.

Not only this, though, but by your attorney settling your personal injury case without asking you is an ethical violation. If this has happened to you, the next step you can take is to report your attorney to the local bar association. However, keep in mind that the State Bar is the only authority source at this point that can really take action and discipline your lawyer. If you make the ultimate decision to report your attorney’s conduct, you need to head to the State Bar’s website. On there, you will see downloadable forms. Fill out those forms and then send them into the State Bar.

Now, when a settlement is accepted against your knowledge, the insurance company does not know this. They believe that the accepted settlement is a done deal because cuts have already been cut. At this time, you will need to step in and tell the insurance company that you never actually agreed to the settlement at hand. Explain to the company that the settlement was accepted without any authorization from you and that the attorney now no longer works for you.

When you take this action, the insurance adjuster can then start working directly with you or any new attorney that you have hired since the settlement mishap happened. This insurance adjuster will work to make things right for you. It’s important to note that laws do change quite often, especially across jurisdictions. That’s why the best thing you can do for yourself is get a personalized case evaluation from a lawyer who is licensed in your state. If you do decide to hire another attorney to take on matters, you have to be careful that the person you hire now won’t deceive you as well. It’s best to do your research. This means checking our reviews and recommendations, looking at certifications and degrees and meeting with the lawyer before automatically hiring them.

Plain and simple, an attorney cannot just accept or deny a settlement in your personal injury case on your behalf. However, you can’t predict the future. If you do end up in a situation where this has happened to you, there are steps you can take. This situation is not a total loss. The key here, though, is acting quick. The moment you notice that the attorney has acted without your consent, you need to alert others as well as fire the attorney. As long as you do this, there can be actions taken to reverse the damage.

About The Author

This blog post was written by Edmond El Dabe – a personal injury attorney based out of Los Angeles. To learn more about him – visit his website at: http://injuryhelpattorney.com/

What is the Rebuttal Phase of a Criminal Trial?

In a criminal trial, the prosecution represents the local, state, or federal government. Following opening statements, they will go first in presenting their witnesses and evidence to the jury, advocating that the defendant be found guilty. Next, the defendant’s legal team presents their witnesses and evidence, advocating that the defendant be found innocent. Once both sides have rested, the prosecution is allowed a brief stage of the trial to respond to the defendant’s case. This is called the rebuttal phase.

Rules of the Rebuttal

The rebuttal phase operates slightly differently, because the prosecution is confined to discussing the events or arguments involved in the defense. It is literally a chance for rebuttal. The limited scope of the prosecution’s reach during this phase can benefit the defendant, because the judge will strictly monitor the introduction of new subjects. However, in the rebuttal phase, the prosecution is allowed to present witnesses and evidence that were not previously declared, which neither side can do in their original arguments. Surprises are permitted as long as they serve the role of directly rebutting the defendant’s case.

Importance

While rebuttal evidence is strictly up to the trial judge’s discretion, it can serve a valuable purpose in the case. Often, a rebuttal is used to disprove an alibi or otherwise discount a defense argument as false or misleading. This is also an opportune time to present witnesses that may be newly discovered or evidence that has come to light so recently that it could not be previously declared before the trial began. If this evidence opens the doors to new issues, it can be presented during the regular trial, with specific opportunities for rebuttal. If it directly relates to the defense’s case, it is presented during the rebuttal phase.

Role of the Defense

The legal team for the defense is not without rights during the rebuttal phase. They can cross-examine rebuttal witnesses and even present what is called a surrebuttal, in rare cases where they have sufficient evidence to discount the prosecution’s rebuttal. In any case, it falls on the defense lawyer to conduct a thorough investigation before the trial in order to minimize the prosecution’s chance of presenting an effective rebuttal. They can also ensure that the prosecution is avoiding new subject matter and adhering to the rebuttal rules.

A truly effective rebuttal phase can make or break the outcome of a criminal trial. They are almost always brief and confined by a specific issue, but they can be an important part of the prosecution’s case to the jury.

This blog post was written by Todd Spodek, a NYC criminal defense lawyer. You can learn more about him by visiting http://www.criminallawyernyc.com

Medicaid Fraud Settlements

Medicaid fraud is an occurrence of which many providers and recipients are accused. Medicaid fraud includes a wide variety of actions and omissions of actions that result in a person receiving benefits to which he or she is not entitled. Medicaid fraud can include a medical facility receiving payment for services to which it is not entitled, as well. The government is starting to crack down on its investigative efforts and its prosecutions. Yearly Medicaid fraud incidents add up to billions of dollars. Persons who are found guilty of such fraud can face a wide variety of harsh penalties.

Examples of Medicaid Fraud

As previously stated, a wide variety of situations may be considered as Medicaid fraud. First a recipient has to meet income guidelines to qualify for Medicaid. The person must have income that is below the poverty level. An applicant can manipulate his or her income as to qualify for Medicaid. Such manipulation is Medicaid fraud. Another example of Medicaid fraud is when a person does not report insurance that he or she already has. Some Medicaid applicants may have employer-issued coverage or some other coverage that they fail to report. Gaining approval for Medicaid benefits without reporting existing benefits is Medicaid fraud.

A person who has Medicaid benefits cannot allow another person to use his or her benefits. The state approves Medicaid benefits only for the person who applies for it. Therefore, Medicaid fraud occurs when someone else uses the card.

Providers can be just as guilty of Medicaid fraud as recipients are. One fraudulent act that a provider may conduct is billing the Medicaid office for services that it has not rendered to a patient. The provider may bill the Medicaid office for services that the patient did not need, as well. An example is a provider that bills Medicaid for administration of a nebulizer treatment that the patient did not need. The government provides an easy way for people to report instances of Medicaid fraud. Therefore, an accused party may be under investigation shortly after someone places an anonymous tip with a government organization. The penalties for Medicaid fraud are extensive, and anyone who receives a charge would fare well by hiring an attorney who can come up with a viable defense to the charge.

Punishment for Medicaid Fraud

The penalty for Medicaid fraud can vary depending on the offender’s circumstances. The investigation will include a series of questions as the issuing organization tries to find out whether the accused person was intentionally fraudulent. Next, the investigator will review medical documents, bills, income information and any other information that is relevant to the case. The punishment for fraud will most definitely include temporary or permanent suspension of benefits for an individual who commits the crime.

Medicaid fraud is severe because it is a federal crime. A person who is accused of fraud can be subject to criminal and civil charges. A criminal conviction can land a person in prison for as long as five years with a fine of up to $200,000. A corporation that is found guilty of Medicaid fraud may be subject to a $500,000 fine. The civil penalty for such a crime may include an additional fine of up to $10,000. The consequences of Medicaid fraud can be long-lasting for anyone who receives a conviction. The guilty party will have difficulty receiving assistance from the government in the future. A person will have difficulty getting hired for a job in the future, as well. A corporation may lose business and investors.

Medicaid Fraud Settlement

Medicaid fraud settlement is a situation in which a corporation or a person settles out of court on a Medicaid fraud charge. Medicaid fraud settlements usually occur when someone accuses a corporation of Medicaid fraud. The corporation may be allowed to pay a set fine to keep the proceedings from going to levels that would put the corporation out of business. Additionally, the offending corporation may be instructed to allow a third party to monitor its operations during a probationary period. A deferred prosecution agreement is one that allows an accused party to enter a settlement to defer harsh penalties.

About The Author
Any party that is facing Medicaid fraud charges is up against some stiff consequences. The offender’s best bet is to contact an experienced Medicaid fraud attorney such as Joseph Potashnik & Associates. Our firm can provide an accused party with a free consultation, and interested parties can schedule their consultations any time of the day or night by calling 212-577-6677. The initial consultation is free, which makes the entire process risk-free. Our attorneys will help the accused party to find the best and most effective way out of the turmoil associated with Medicaid fraud charges.

Car-Accident-Attorney

Why you might need a car accident lawyer

Most people get into and drive their vehicles every single day. You probably drive to and from work daily, drive your kids to school once in awhile and you take the car to pick up groceries and other shopping essentials. No one likes to think that a car accident is possible, but is definitely is, and it’s a lot more common than you might think. What’s even more common and unfortunate is that many drivers do not carry car insurance on their vehicles, or you or the other driver involved in the accident might not have enough coverage to really cover everything that is involved in that particular accident. This is when it might be beneficial to work with a lawyer who is completely specialized in dealing with car accident law.

Why You Might Need to Work with a Los Angeles Lawyer Car Accident Lawyer

There are a wide variety of reasons it might be a good idea to work with a lawyer if you were involved in a car accident. If you do not have enough coverage on your insurance plan to deal with medical bills, severe car damage or even a totaled car, you may want to think about filing a claim. This is especially true if the accident was definitely not your fault and was the fault of the other driver who happened to be involved.

You might have also gotten into an accident that involved a person who doesn’t even have car insurance to begin with themselves. This is actually a lot more common than you might think, and these individuals won’t be able to help out with bills because they just do not have insurance for it. This is when it’s a good idea to contact our experts here at the Farar Law Group to see if you are able to file the paperwork needed to put a lawsuit together involving the car accident. Being a victim of a car accident is definitely not fun for anyone, but having solid legal representation is vital if you want to be able to know that you are going to win your case.

Why Hire an Attorney?

Many individuals try their very best to do all of the legal paperwork and courtroom drama on their own. This may work for some people, but it is often futile for those who are not advanced when it comes to the legal system and how it ultimately works. If you want to know that your lawsuit has a fighting chance, it is so important to be working with a lawyer at all times. This legal professional is the one who is going to file legal and lawsuit-related paperwork for you. They will be able to set up a date where you can actually go to court. They will be the one who sends paperwork summoning the other person to court on that specific date. This is an awful lot of work for the average person to do, so it’s best left in the hands of the legal expert.

Hiring an attorney also means that you’re going to have someone there with you when you’re actually in the courtroom. A lot of people are not entirely sure how to handle their own case when they’re actually in front of the judge. Because of this, you may want to think about having that legal expert by your side throughout the case. For those who have been involved in a severe car accident and cannot even get to court, you need a lawyer to represent you when you cannot be there yourself.

About the author

This blog post was written by Aaron Teller, an associate at the personal injury law firm of Farar & Lewis LLP. Aaron specializes in car accidents, and has over 5 years of experience handling car accident cases in California. He has a member of the National Trial Lawyers association, and is rated 10/10 by Avvo. Victims of car accidents in Los Angeles are encouraged to visit Farar & Lewis LLP’s car accident subpage to learn more.

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