Archives December 2021

Foreclosure Defense: Knowing Your Rights

Until relatively recently, it was very difficult for homeowners to successfully fend off foreclosure. Economic conditions since the housing crisis and the Great Recession of 2008-09 have changed things, particularly in light of misconduct and errors on the part of lenders. This has led to courts having greater sympathy for homeowners facing foreclosure. Today, there are a number of options for foreclosure defense Columbia MD that can help you to remain in your home.

How Can a Foreclosure Attorney Help?

Because courts today are more likely to side with homeowners, an attorney has a number of different options available when it comes to mounting a defense. For example, in a number of cases, the mortgage company failed to follow proper procedures under state law or made serious errors in servicing the loan.  

Another common situation that has arisen in the past is when the bank or mortgage company has no standing, i.e., they cannot prove they hold the loan. The reason this happens is that mortgages are frequently “bundled” and sold — repeatedly. Documentation gets lost, or the transfer of ownership is not done properly. These days, lenders are much more careful about such details, so this kind of foreclosure defense is less likely to be an option. 

Do You Serve in the Military?

Servicemen and women on full-time active duty with a branch of the U.S. armed forces enjoy special rights under the  Servicemembers Civil Relief Act (SCRA) when it comes to foreclosure.  Among other things, the SCRA protects service personnel from foreclosure during their service. In addition, the law caps the interest rate on loans at 6 percent, provided the loan was taken out prior to going on active duty status.

The SCRA also applies to commissioned officers working for the Public Health Service and the Oceanic and Atmospheric Administration.

Essential Roles of a Construction Site Accident Lawyer

When individuals are injured or killed due to a construction site accident, they may have legal recourse. A construction site accident lawyer can help the victim file a claim and seek damages from those responsible for the accident. These lawyers typically have experience in many different areas of law, including personal injury, product liability, and workers’ compensation. Some of their essential roles include:

Investigation

The first role of this lawyer is to investigate the accident scene and collect evidence. This includes taking photographs of the scene, interviewing witnesses, and obtaining copies of relevant safety records. The lawyer will also work with experts to determine what caused the accident and is liable.

Legal Representation

A qualified lawyer represents the victim and negotiates settlements with the defendant in court. If the case goes to trial, the lawyer will present evidence and argue on behalf of the victim. The lawyer may also consult with experts to help build a strong case.

Advocacy

Advocacy is one of the essential roles of this type of lawyer. The lawyers help protect the rights of injured workers, and they also work to ensure that employers are held accountable for their actions. By advocating for injured workers, these lawyers help ensure that they receive the medical care and financial compensation they need and deserve.

Advocacy is important because it ensures that the rights of injured workers are protected. Injured workers can often be left vulnerable after a construction accident, and they may not know where to turn for help. The lawyers can provide these workers with the support they need and help ensure that employers are held accountable for their actions. By advocating for injured workers, these lawyers help ensure that they receive the medical care and financial compensation they need and deserve.

Education

Today, the education of the public is an essential role of this type of lawyer. People often feel knowledgeable about sites’ accidents and can handle such claims independently. Unfortunately, many people do not understand the complexities of these cases and wind up with an inadequate settlement resulting from hiring unqualified legal counsel. A qualified attorney will ensure all steps have been taken to maximize the potential for a fair settlement. They can provide information about filing a claim, and what types of damages may be available.

Relocation Assistance

A qualified lawyer can help the victim relocate and find new housing if necessary. This might be necessary if the victim was injured in a place or home that they can no longer access or will cost too much money to repair.

Litigation Assistance

In some cases, this lawyer may also help an individual’s family with legal proceedings related to their death. They may assist with filing a wrongful death claim and identifying beneficiaries.

Settlement Negotiation

A final role of this type of lawyer is settlement negotiation. If a defendant has been identified, the attorney will negotiate an appropriate settlement amount on behalf of the client. If there are further legal proceedings, such as a trial or before an appeals court, the attorney will again represent the victim and argue for a fair settlement.

A construction accident lawyer has many important roles in helping victims of accidents receive the justice they deserve. They investigate the scene, represent the victim in court, and negotiate a fair settlement. The lawyers are also responsible for educating the public about their rights and helping injured workers relocate and find new housing. If you have been injured in a construction site accident, it is important to contact a lawyer as soon as possible. They can help you file a claim and get the compensation you deserve.

Some Reasons Why Hiring a Medical Malpractice Attorney is Crucial When Pursuing a Claim

People often do not know the importance of lawyers till they require one. Once you find yourself in the legal system or requiring settlement for a severe injury, you realize that hiring an experienced legal attorney can significantly make a difference in your personal life.

There are several benefits of hiring a lawyer after you have suffered harm due to the negligence of a healthcare professional. The following are some reasons why hiring a medical malpractice attorney is crucial when pursuing a claim.

  • Dealing with insurers: Among the most challenging aspects of a medical malpractice claim is dealing with insurance companies. Most people are often not sure if they are under an obligation to speak to insurers or what they need to say when corresponding with a representative. An experienced medical malpractice attorney can deal with most of the correspondence and advice you on what you should or should not say to insurers.
  • Handling the paperwork: If you have ever perused legal documents, you most likely know how complex legal terminologies can be. In medical malpractice claims, there is an apparently never-ending flow of paperwork that you require to prepare, review and respond to. Experienced lawyers know the legal jargon to use, the timing for filing a medical malpractice claim, and the best way to respond to other parties.
  • Knowing the claim value: Without some form of reference, you could enter into the negotiation process with unreasonable expectations. Most lawyers have gone through this process severally and have the expertise to determine the compensation that adequately represents your requirements and enhances the chances of succeeding in your claim.
  • Negotiating the best possible settlement: In addition to knowing what a claim is worth, attorneys are also skilled in negotiation. In many cases, an attorney’s reputation precedes them, which enhances their ability to negotiate a favorable settlement for their client. Attorneys won’t be intimidated by a healthcare provider’s legal team, and they’ll know how to build a strategy that will be effective in a negotiation.
  • Arguing your case in court. In most health malpractice claims, the victim’s case often ends before a jury or a judge. The success of your claim depends on your ability to argue the case. A good medical malpractice attorney knows how to design a claim that captures their client’s needs to a judge and follows the judge’s expected standards.
  • Helping you avoid mistakes. When you do not know the claim filing process, you are more likely to make errors. When handling a medical malpractice claim that has the potential to assist you in paying medical expenses and securing lost wages, the mistakes can be costly for your case. Learning through your own experience is not an ideal option for a victim that requires compensation for severe medical malpractice injuries.
  • Hastens the process. An experienced malpractice lawyer appreciates that time is usually of the essence for their clients. A reasonable attorney will always prioritize keeping a case going so that their client obtains a result within the appropriate time frame.
  • Sparing your time. The processes followed in filing a claim can be highly time-consuming. If you’ve never done it before, you also must factor in the amount of time you’ll spend researching each required step. By hiring an attorney to do the work, you’ll free yourself up to focus on your recovery and go about your daily life.
  • Creating network. When you engage a lawyer, you also enlist the assistance of their network of connections. Whether it is consulting professionals in an area that reinforces your case or finding a health expert to address your condition, a lawyer knows persons that can assist you in recovering and enhancing the chances of succeeding in your case.