Medical Malpractice

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Whiplash and Filing a Personal Injury Claim

Have you been the victim of whiplash? Are you trying to decide whether to file a personal injury claim because of whiplash you received in an accident.

Sadly, when some people hear the word whiplash, they think of someone who is trying to fake an injury or scam an insurance company. Or, they think whiplash is something that is not very serious. They think whiplash is something that you get over in a few days.

Millions each year

The truth of the matter is that millions of people suffer whiplash each year in the United States. While a small number of these people do try to take advantage of a whiplash personal injury claim, there are a far greater number of people who truly deserve being compensated for whiplash.

One thing that many people do not realize is that whiplash can be caused by a minor accident. It does not have to be a major accident for whiplash to occur. For example, being in a car that is hit in the rear by another car may not cause serious damage to either car, but it may cause you to experience whiplash.

Most people associate whiplash with a car accident. However, whiplash may be caused by several other things. Among these are:

Repetitive stress injuries at work
Slip and fall accidents in homes, stores or sidewalks that are not well-maintained
Snowboarding and skiing accidents
Participation in contact sports
Truck and car accidents that are not rear-end impact
Child abuse, such as shaken baby syndrome
An intentional assault that results in head trauma.

Whiplash can range anywhere from mild to severe. Whiplash may only require you to wear a neck brace for a short period of time. However, whiplash can also involve paralysis. If whiplash is not promptly treated, it may grow progressively worse and result in long-term physical therapy and surgery.

There are several signs and symptoms that you may have with whiplash. Some of these are:

Neck pain and stiffness
Headache
Not being able to move your neck
Arm, shoulder or back pain
Unusual sensations, such as prickling, tingling or burning in your arms
Dizziness
Decreased range of motion
Fatigue, difficulty concentrating or disturbance of your sleep
Blurred vision.

If you are thinking about filing a personal injury claim for whiplash, you should know that most personal injury attorneys do not like to use the word whiplash because of the negative connotations that it brings to the minds of many people. It is better to use more technical names, such as cervical or neck sprain or strain, myofascial injury or hyperflexion/hyperextension injury.

You should also understand that in order to win a personal injury claim for whiplash, it must be proved that you did not cause the accident, and you will have to prove negligence on the part of the person who did cause the accident.

The best thing to do is to sit down with a personal injury attorney and let him or her assess your case and advise you as to whether it would be in your best interests to pursue a personal injury claim for whiplash.



Filed under: Traffic Accidents — Tags: , , — james @ 1:59 pm

Pain and suffering compensation for personal injury cases

If you have been injured from the negligence or malicious intent of another person you have the right to compensation for your injuries or losses. Compensatory damages are the name of damages that the court will generally award to claimants for their personal injury and they can be paid for both economic and non-economic damages. The goal of compensatory damages is to financially restore the injured party to the state they were in prior to the accident.

Compensatory damages can include payment for medical bills (future and current medical costs), payment for loss of income (current and future lost wages), payment for property damages (car, home, personal items) and payment for pain and suffering.

State laws vary and states award damages according to various laws and processes but judges and juries in states will award monetary compensation based on elements of the case, the credibility of witnesses, and the validity of the evidence.

When will I get pain and suffering payments?

 

Compensation for pain and suffering is only given if you can prove that that you have suffered pain and suffering (emotional or physical) from an actual injury.

For example, pain is obviously a result of any physical injury: broken bones, surgery, lacerations, bruises, disfigurement or burns. What about suffering? It obviously can be caused by injuries as well and could include psychological suffering from a severe injury or permanent disfigurement, embarrassment, post traumatic stress or humiliation.

Evaluating Pain and Suffering

 

The courts will evaluate a number of factors in your personal injury case to determine if you can receive pain and suffering compensation for example:

  • Did you seek medical care for your personal injuries? If you did not seek medical care the courts may assume you did not suffer any injuries.
  • Did you have permanent injuries which caused disfigurement or loss of limb?
  • What was the degree of pain you suffered from your injuries?
  • Will you need long-term medical treatment?
  • Are you going to be able to return to work?
  • Did your injuries cause significant loss of enjoyment of life?
  • How severe are your injuries?
  • Are you currently taking your prescribed medications?

Calculating my payment for pain and suffering

 

Unlike medical costs, property damage, lost wages or other types of compensatory damages calculating the amount you should be entitled to receive for pain and suffering can be complicated. If you have been severely injured and you are unsure of the long-term costs of your injuries, talk to a personal injury lawyer.

Punitive Damages after a Personal Injury

 

We have all heard of outrageous settlements awarded for personal injury cases. Most of the especially high payouts are made for what the court calls punitive damages. Punitive damages are paid by the defendant in very specific circumstances. Unlike compensatory damages, which are paid to make the defendant “whole,” punitive damages are awarded to punish the defendant for their illegal or negligent actions.

Are you entitled to punitive damages? It will depend on the laws of your state, the nature of your injuries and the actions of the defendant. Punitive damages are not allowed in all personal injury cases, and if allowed, they may be capped by state law.

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Filed under: Basic Questions — Tags: , , , — Beth Losure @ 10:29 am

Giving a Deposition for a Personal Injury Lawsuit

The deposition is part of what the law  calls “discovery” in a personal injury claim.  The discovery is a formal investigation which allows both the defendant and the plaintiff in the personal injury claim to find out what each witness knows. Discovery may involve written questions that are known as interrogatories, asking for documents and depositions. Usually, a deposition is allowed to be taken from anyone who has pertinent information about the facts that are involved in the personal injury claim. So whether you have been involved in a car accident or a loved one has died in a wrongful death, at some point you may be asked to give a deposition.

What is a Deposition?

A deposition is an oral statement that is given under oath before you go to trial. Usually, a deposition is given in the office of a personal injury lawyer or the office of a court reporter. The defense personal injury lawyer is allowed to ask you several questions about the personal injury claim. You are not allowed to ask questions, other than asking for clarification of a question asked by the defense personal injury lawyer that you do not understand. You are there to answer questions. You are permitted to have your personal injury lawyer present with you, and your personal injury lawyer is allowed to object to any question the defense personal injury attorney asks you that your injury lawyer thinks is not appropriate.

After a personal injury claim is started, the personal injury attorney for the defense will send a notice to your attorney saying that they want you to give a deposition at a certain time, date and location. This is when you will have to give your deposition.

How do I prepare for my Deposition?

If you have hired a personal injury lawyer they will help you prepare for your deposition, there are, however, some common suggestions that all injury lawyers tell their clients prior to their deposition.

  • Be truthful. Keep in mind, if you fail to tell the truth at your deposition this is considered perjury which is a crime.
  • Do not answer any questions you do not understand. If you are not sure what the opposing counsel is asking, do not assume you understand. Have the personal injury attorney repeat or clarify the question.
  • Allow your personal injury attorney time to object to any questions asked by opposing counsel.
  • Take time to talk to your personal injury attorney and ask them questions if you need to prior to answering the question.
  • Do not volunteer information. Answer only what is asked.
  • Present only the facts of the case. Do not apologize.

If you have been called to present a deposition in a personal injury claim or if you have been injured in a personal injury case, talk to a personal injury attorney. If you plan on filing a personal injury lawsuit to recover damages, a deposition is generally required. You will need the guidance and direction of a personal injury.  The persona injury attorneys at www.personalinjuryplace.com are always ready to do their best for you.

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Filed under: Personal Injury — Tags: , , — james @ 5:12 pm

Should I File a personal injury claim?

How do you know if you should file a personal injury lawsuit?

The first thing to consider prior to filing a personal injury lawsuit is whether you have suffered personal injury to your property or person. Obviously, you would not have grounds for a personal injury lawsuit if you or your property have not been injured or damaged and you have not suffered some type of loss, either financially or emotionally.

Another thing to consider is whether someone else is responsible for the personal  injury to you or your property. To win a personal injury lawsuit you must prove your personal injuries were caused by the negligence of another person, and it was their actions that were the proximate cause of your loss. This means that if it had not been for their negligent actions, you would not have been injured.

Do all personal injuries have to cause physical harm? No, many examples of personal injury lawsuits are filed and won but the plaintiff did not suffer physical injuries. Loss can also be emotional pain and suffering.

In tort law, to win a personal injury lawsuit for emotional distress you will need to prove that the defendant’s actions were reckless and intentional, their conduct was outrageous and severe, and that due to their actions, you suffered emotional distress. It will be hard to win your personal injury lawsuit unless you can prove that their behavior was “utterly intolerable in a civilized community.”

Another important thing to consider when asking the question, “Should I file a personal injury lawsuit,” is the time that you have for filing a personal injury case. The statutes and laws dealing with personal injury lawsuits vary from state to state. However, each state has what is known as statutes of limitations for filing a personal injury lawsuit.

Basically, “statutes of limitations” set the time limits for filing a person injury lawsuit. If you believe that you have a personal injury case and you do not file the lawsuit until after the deadline in your state has passed, your right to recover damages for personal injuries  may be lost. In some states, the time limit may be only a year for filing a personal injury lawsuit.

Another thing that will help answer the question, “Should I file a personal injury lawsuit,” is whether you have any evidence or proof of your personal injury: bills from hospitals and doctors, copies of medical reports, police reports, the testimony of eyewitnesses and photographs of your pinjury. If there has been damage to your property you should get an estimate of the cost to repair the damage.

If you suffered personal injury which was caused by the negligence of another person or entity, it may be time to contact a personal injury lawyer. The attorneys at www.personalinjuryplace.com will give you the right advice and guidance concerning your personal injury lawsuit.

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How Do I Prove My Personal Injury Case?

There are several elements which must be proven to win a personal injury case. First, you must prove negligence. Negligence is the failure of someone to take reasonable caution to avoid injuring another person. You have the right, by law, to file a personal injury lawsuit to recover damages from someone who causes you personal injury due to their own negligence.

There are usually four areas of negligence that need to be proved by your personal injury attorney for you to prevail in court.

Did the negligent person owe a duty to the plaintiff?

 

The first element in the personal injury case which must be addressed is the existence of responsibility. Did a relationship exist between the plaintiff and defendant? Did the defendant have an obligation to act in a certain way to avoid causing injury to the plaintiff?

For example, a driver owes other drivers and pedestrians the freedom to move about safely on the roads without being hit by his car. If that driver strikes another driver while texting on his phone and causes injuries, a personal injury lawyer could argue that the driver was negligent when he took his eyes off the road to text on his phone. The driver had a duty to others on the road; he is negligent and directly responsible for the other driver’s injuries and damaged vehicle.

The negligent person breached his duty

 

Once you have established that the defendant owed the plaintiff a duty, than you need to show that the duty was breached. A breach of duty occurs if the defendant violates their duty by failing to practice “reasonable caution.”

While a judge decides whether a duty exists in a personal injury lawsuit, a jury decides the question of whether or not the defendant contributed or caused the injury.

The negligent person’s actions caused the injury

 

This cause in fact is also referred to as “but-for” causation. So, but for the defendant’s conduct, the damage to the plaintiff would not have happened.

There was an actual injury that can be measured

 

In a personal injury lawsuit, the defendant is only accountable for the injuries that the he could have predicted or foreseen through his behavior and/or actions. It is not enough to prove that the defendant was negligent. You must also prove that through this negligence, the plaintiff suffered real injuries and/or property damage.

Who can be sued for negligence?

 

A lawsuit that alleges negligence is not limited to just individuals who are responsible for another’s injuries. Various entities and professional people could be held responsible for a range of damages. For example, a manufacturer can be found negligent for merchandise they produced and/or sold that caused harm to an individual or damaged property. Also, a lawyer or doctor could be sued if malpractice on their part caused financial or physical harm to a client or patient.

Proving negligence is a complicated process. If you think you have suffered damage due to another’s negligence, it is a good idea to consult with an experienced attorney who can show you all options that are available to you.



Summer of Bear Attacks Continues

Two boys, one 11 year-old from Brooklyn and a 12 year-old from Jersey City, New Jersey, were attacked by a young black bear while they were camping in New Jersey on Wednesday, August 3rd. This incident is the latest in several bear maulings that have occurred this summer. The attack happened just prior to daybreak in Stokes State Forest in the northwestern part of the state.

Larry Ragonese, spokesman for the New Jersey Department of Environmental Protection said, “Our best assumption is that the bear smelled food and went into the tent following the scent and encountered people and was a bit more aggressive than you would normally expect.” He went on to say that “more and more, bears are looking for food and they’ll break through sliding doors or windows.”

The boys were treated for minor injuries at a local hospital and were released after several hours to rejoin the other young people at the camp.

Series of Bear Attacks Around Country

In July, seven teens were attacked by a grizzly bear in Alaska while they were on a survival hike in a National Park. They were all able to escape fatal injuries. On the other hand, a hiker was killed in Yellowstone National Park by a female grizzly bear who had two cubs with her. Also last month, a woman in Arizona was killed by a male black bear who was rummaging through a dumpster at a country club.

Riel Peerbooms, executive director of the camp where the two young boys were attacked said that both campers and counselors are schooled in what to do should there be a bear attack. “They were trained to move away and to make a lot of noise,” he said. “During the incident, a counselor blew a whistle and the campers broke in song and clapped. The bear took off.”

This reaction may have saved the boys from more severe injuries. The young bear did run off, but he came back to look for food. He was then shot in the neck by a state conservation official. The wounded bear ran into the woods and is now being tracked by conservation workers. Hiking trails in the State Park were closed as were sections of the Appalachian Trail until they can find the bear.

The Legal Side

One decision families face after a wild animal attack is to investigate their legal options. Depending on the severity of the episode, emotional turmoil can sometimes cause families of attack victims to want to hold someone accountable for that attack. They may hope that they can find closure to a lamentable incident in their lives.

In the past, lawsuits that seek to hold someone or something accountable for wild animal attacks have not been too successful…until now. In a 2011 case, a family who lost their child to a bear attack in 2007 sued the U.S. Forest Service. The lawsuit claimed that in the time before the fatal attack, the Forest Service did not inform campers of an earlier bear attack. Both attacks took place at the same campsite and were perpetrated by the same bear. The family maintained that if they were notified of the prior attack and that an aggressive bear was in the area, that information would have made them make different choices that could have saved their child’s life.

The District Judge that heard the case decided that the U.S. Forest Service was partially negligent and awarded 1.9 million dollars to the family of the deceased child. While this decision could open the door for future lawsuits involving wild animal attacks, the judge also added restrictions. Claims resulting from these attacks can only be legitimate and sensible if the animal had attacked a second time in the same vicinity of the first and within 12 hours of the previous attack.



Filed under: Injuries,News — Tags: , , — Beth Losure @ 5:59 am

Casey Anthony Found Not Guilty

CNN reports that after less than 11 hours of deliberation, a jury has found Casey Anthony not guilty of first degree murder in the 2008 death of her 2 year old daughter. The jury did, however, find Anthony guilty of four misdemeanor counts of providing false information to the police. Sentencing could be as early as 9 A.M. on Thursday morning. Anthony could face up to one year in jail for each count.

The Defense attorney concedes, “There are no winners in this case.” Adding, “Today, our system of justice has not dishonored her memory by a false conviction.” The prosecution also offered their thoughts, “We’re disappointed with the verdict today and surprised, because we know the facts,” Lawson Lamar, state attorney for the 9th District, told reporters.

The trial of Casey Anthony in the death of her daughter Caylee had last for more than six weeks while the defense and prosecution offered various theories about what had happened to Caylee. Casey Anthony was facing a potential death penalty if found guilty of first-degree murder, and other lesser penalties if found guilty of aggravated child abuse, aggravated manslaughter of a child and four counts of providing false information to a law enforcement officer.

The media and America have been captivated for months with the story of Caylee who was last seen June 16, 2008. The family did not report her missing until a month later when Cindy Anthony, Casey Anthony’s mother, demanded answers about her granddaughter’s whereabouts.

The prosecutor failed to prove their case which alleged Caylee Anthony was suffocated by her mother. The prosecution also alleged that Casey Anthony stored Caylee’s body in her car for several days then disposed of it. Caylee’s body was later found by former Orange County meter reader Roy Kronk in December of 2008.

The defense offered an alternative theory that Caylee accidently drowned in the family pool and Casey desperately attempted a cover-up of the death. It was suggested that Casey’s father, who was a former police officer, was part of the cover-up, although he disputed this in his testimony at the trial.

This trial offers interesting insight into potential civil litigation after a criminal trial. Although this trial will not result in a civil case, if the death of Caylee was potentially caused by another person, not her mother, who had been found innocent of the crime, it might be possible for the family of the victim to file a civil claim against the defendant to win damages.

Remember O.J. Simpson? Although he was found not guilty of killing Ron Goldman, the family of Ron Goldman filed a civil claim against him and was able to win damages for their loss. Keep in mind that a civil trial often requires a lower burden of proof than a criminal trial, and the Goldman’s were able to convince a jury that Simpson’s actions had caused them loss.

Filing a Personal Injury Claim

If you have been injured by the negligence or criminal actions of another person or if someone you loved has been killed, you may be eligible to receive compensation for your loss. Compensation for personal injury claims or wrongful death can vary by state so it is important to contact a personal injury lawyer for more information.

Personal injury lawyers can review evidence of the crime or accident, hire expert witnesses and gather witness testimony. There is a statute of limitations for filing all personal injury claims. Do not wait too long or you may lose your right to compensation.



How Long Do I Have to File a Wrongful Death Lawsuit?

If you believe someone is at fault for your loved one’s death, either through the deliberate actions or negligence of an individual, organization or company, or through a faulty product or service, you may be considering filing a wrongful death lawsuit. Although your grief over your loss may seem overwhelming, it is important to act quickly to determine your state’s statute of limitations on wrongful death personal injury lawsuits. A wrongful death attorney can provide you with valuable assistance.

Statute of Limitations on Wrongful Death Lawsuits
The time limit from the date of the injury to the final date by which a lawsuit must be filed is called the statute of limitations. Regardless of how much evidence you have or how egregious the responsible party’s actions were in causing your loved one’s death, if you do not file within your state’s statute of limitations, you may lose your right to file. Some states permit as little as one year for the statute of limitations on wrongful death cases, while some allow as much as three years.

So, if your spouse was injured and killed in a traffic accident caused by faulty break pads that prevented the car from stopping, you may have as little as one year from the date of the fatal accident to file your wrongful death lawsuit.

Complications in Wrongful Death Lawsuits
Keep in mind that wrongful death lawsuits can be among the most complicated and legally challenging of all personal injury lawsuits.

  • Consider a situation in which the accident referenced above seriously injured your spouse but did not result in immediate death; you could file a lawsuit seeking a personal injury settlement. But, in this same situation, imagine that you do not file for a personal injury settlement in the eighteen months before your spouse dies from the injuries sustained in the accident. If your state only allows for a one-year statute of limitations on personal injury cases, you may have forfeited your right to file a wrongful death case. The personal injury statute of limitations would have run out before your spouse’s death occurred.
  • In the same accident scenario, if the brake pads were not faulty, but it turned out that the brakes were deliberately tampered with by an individual, you could bring a wrongful death suit against that person. But if the tampering evidence is not discovered until eighteen months after the accident, it is possible that your state’s statute of limitations may start on the day that tampering evidence is discovered. This is often called the “discovery” rule.
  • Wrongful death cases can be further complicated by jurisdictional issues. If your loved one lived in Texas, but died in a skiing accident in Colorado while wearing faulty skis manufactured by a company based in Wisconsin, which state’s wrongful death laws would apply to your situation? In which state would you file your suit?

Seek Assistance from a Wrongful Death Attorney
Due to the complications noted above in wrongful death law, as well as the emotional, mental and financial toll that losing a loved one can take, consider immediately contacting a Wrongful Death Lawyer in your area. Your state’s State Bar Association website can provide you with a list of attorneys in your area licensed to practice Personal Injury and Wrongful Death law.



Injured during surgery- can I file a medical malpractice claim?

If you are injured in surgery and your injury was caused from the actions of any medical professional who failed to perform care based on acceptable medical standards, you may be able to file a medical malpractice claim.

Medical malpractice is part of personal injury law and can include negligent actions of medical professionals such as failing to take appropriate action for a medical condition, delaying treatment for a medical condition, misdiagnosing a medical condition or not treating a medical condition according to acceptable medical standards.

How do I prove medical malpractice?

Like other personal injury claims, medical malpractice is proven if the following occurs:

1. Duty – You must first prove the medical professional owed you a duty of care. If the doctor was performing surgery, they owed you a duty of care which is outlined by specific medical standards.
2. Breach of Duty – You must prove that the medical professional breached their duty of care toward you. Did the doctor or surgeon make a mistake or act in a way that another medical professional in the same circumstance would not have acted? This may be proven with expert testimony by another surgeon or doctor.
3. Causation – Was the breach of the surgeon’s duty the proximate cause of your personal injury? To prove causation you will need to prove that you would not have suffered injury or loss if the surgeon had not made the mistake.
4. Damages – To prove your medical malpractice claim you must suffer loss or damages. Damages can include pain and suffering, wrongful death, lost wages or higher medical expenses. If you have not suffered loss, you do not have a claim of negligence.

What Compensation can I recover for my Medical Malpractice Claim?

Medical malpractice claims may pay compensatory damages which can include compensation for economic and non-economic losses. Calculating economic losses, such as medical expenses or lost wages, or non-economic losses, such as pain and suffering, can be done with the help of a skilled medical malpractice lawyer.

Under some conditions, the court may also decide to award punitive damages if the actions of the medical professional are egregious, and the court feels they need to teach them a lesson.

How long do I have to file a Medical Malpractice Claim?

Medical malpractice claims are like all other personal injury claims and there will be a limited time to file your claim. The statute of limitations may vary by state and by the type of injury. Many states have a statute of limitations of two years from the date of the injury; however, some states may allow you to file a claim from the date of the discovery of the injury. Some states also provide exceptions for minors who are injured.

Finding a Medical Malpractice Lawyer

Medical malpractice law can be complicated. How much will medical care costs? How much is your pain and suffering worth? How long do you have to file your claim? Medical malpractice lawyers have worked on hundreds of cases. They can answer these questions, review your claim and help you decide your next step.

Medical malpractice attorneys generally work on a contingency fee basis and will not be paid until you recover compensation for your injuries, either by settling your claim or winning a court judgment.

Medical malpractice attorneys have the resources to help you, and they can hire experts to review your case if needed. Contact a medical malpractice lawyer and get the compensation you deserve for your personal injuries.



Questions to Ask Your Michigan Personal Injury Lawyer

Map of USA with Michigan highlighted

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If you suffer a serious injury in Michigan, you may wonder where to start. Well, first off, you need to get better. Then you need to consult with an experienced Michigan personal injury lawyer. Where do you start when hiring an experienced lawyer? You consult with a good number of them, from 5-10, and then start asking some questions. Now let’s go over what questions you should ask any personal injury lawyer when hurt in a Michigan accident.

What is your background?

This is a basic question to get you started going over the experience of the lawyer. You want to know his or her education, how many cases have been handled, how long the lawyer has practiced law, how many personal injury cases are taken each year, just to get an idea of the lawyers history. This gives you a good idea of how professional they are, how successful, and how they can help you.

What is your court room experience?
Court room experience is always crucial in personal injury cases. True, most personal injury cases end far before court, but you have to be ready to go to court. And an experienced lawyer will be ready. You want to know more than how many cases have been handled: you might also ask how many cases have been won and what kind of deals were made. Also, negotiating experience is important, and will be crucial in getting your case over with before court even occurs. A good negotiator can come up with a settlement so you have no delays in court and can move on.

What is your approach to court room law?
All lawyers have a certain philosophy when it comes to negotiating in and out of court. You want to find this style and see if it’s applicable to your case. You might find out a lawyer is fairly aggressive, or easy to negotiate with, or is a hard sell and wants to go to court to maximize damages. These all have advantages and disadvantages. The only thing that is important is that you win.

Do you have time to spend on this case?
You obviously do not want a lawyer with no experience, but neither do you want a lawyer who has dozens of ongoing cases and barely any time to get started. If a lawyer is overbooked, keep looking. You can often tell in your first meeting. Their schedule is full and they seem overworked. If they have no time to spend on your case, or want to refer it to an assistant, remember there are other lawyers capable of handling your case.

What are your fees?
Money is the bottom line. However, you will find many experienced Michigan personal injury lawyers willing to work on the “no win, no fee” philosophy, where nothing is paid if you lose. If you go to court and fail to gain a settlement, you pay nothing to the lawyer. On the other hand, if you negotiate and win, or win in court, you will have to pay a percentage of the fee to the lawyer. You can also pay on hourly or a flat fee, but the “no win, no fee” philosophy is much better.

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