Posts Tagged ‘Legal Definitions’

What are Contingent Fees?

Tuesday, January 17th, 2012

If you are involved in a legal dispute, you may have heard your attorney speak about contingent fees. A contingent fee is simply a fee due to a lawyer only if a successful outcome of the legal action is reached, usually by winning or settling the case in the client’s favor.

Usually, the fee is a percentage of the money won, or the recovery, but may be partly a fee for time worked or partly a percentage. While fees are negotiable, contingent fees in personal injury cases are one-third of the recovery, unless particular difficulties exist within the case, making the attorney believe that he or she should ask for more.

What is Product Liability?

Monday, December 12th, 2011

It is the responsibility of manufacturers, sellers, and distributors of products to make sure they deliver products free of defects that can harm individuals or groups of people and to make good on that responsibility if their products are defective. This is known as product liability.

The key to product liability law is that a harmed person only needs to prove the failure of the product and to make the seller, distributor or manufacturer liable for any possible damages. For example, manufacturers of asbestos knew for years about its harmful effects but did not inform the general public. These manufacturers had a responsibility to the public and they did not honor that promise. As a consequence, many people have sued asbestos manufacturers.

If you feel you have been harmed by a defective product, fill out the form on the right for a FREE legal consultation from one of our experienced personal injury attorneys.

What’s a Paralegal, Really?

Thursday, December 8th, 2011

You may have a paralegal working on your vaginal mesh lawsuit, but do you know what a paralegal really is?

A paralegal is a non-lawyer who performs routine tasks requiring some knowledge of the law. Paralegals take prescribed courses in law and legal process, but are much less rigorous than those taken in order to be licensed as a lawyer. These professionals usually work for a law firm or perform free-lance, or contract, work for various lawyers.

They are becoming increasingly popular as they handle much of the paperwork associated with probates of estates, divorce actions, bankruptcies, investigations, analyzing depositions, preparing and answering interrogatories and procedural motions, and other specific tasks.

When looking to hire an attorney, you should make sure that the hourly rates for paralegals are less than that of the attorney.

What is Pain and Suffering?

Wednesday, December 7th, 2011

Do you know the legal definition of pain and suffering?

Pain and suffering is the physical or mental distress experienced from an injury, including broken bones and internal injuries. It also includes the aches, pain, temporary and permanent limitations of activity, or potential shortening of life. Additional considerations that are taken into the “general damages” recovery by someone’s negligence or intent are any depression or embarrassment caused by physical scarring.

The dollar amount of these damages are subjective, as opposed to the costs of medical bills, future medical costs, or lost wages which can be calculated, called “special damages”.

If you are experiencing any pain and suffering due to a mesh repair, contact LegalView today for a free legal consultation!

What is a Consultation?

Tuesday, December 6th, 2011

A consultation is a short meeting, or discussion where a decision is reached. It can also be a discussion in which one of the parties seeks advice. Consultations are usually done with physicians or attorneys.

LegalView offers free consultations to anyone who feels that they have been injured due to negligence, such as with a vaginal mesh transplant.

Duringg your consultation, you will speak with one of our experienced lawyers. At this consultation, the lawyer will ask questions about your case and determine whether or not to pursue litigation. Contact LegalView for your free consultation today!

What are Attorney Fees?

Monday, December 5th, 2011

Attorney’s fees are simply the payment for legal services. They can take several forms including, hourly charges, flat fees for a particular service, contingent fees (such as one-third of the gross recovery, and none if there is no recovery), statutory fees (percentages of an estate for representing the estate), court-approved fees (such as in bankruptcies or guardianships), and some mixture of hourly and contingent fees, or some other combination.

It is important, and necessary, for attorneys and clients to have a signed contract for any extensive legal work, particularly in contingent fee cases. Attorneys will keep records of time spent on cases to justify fees. This is often done even when the work is not done on an hourly basis. Some lawyers will request a “retainer” which is a down-payment on fees, as a good faith indication that the client will continue to pay and is serious about having the legal work performed. This also helps to ensure the attorney isn’t left with holding the bag for work performed.

Attorney’s fees are not awarded to the winning party except for a lawsuit where the contract has a provision for the fees or where there is a statute which provides for an award of fees.

If you believe you need to file a lawsuit, LegalView will provide you with a free legal consultation.

What is a Lawsuit?

Tuesday, November 29th, 2011

If you are involved in a lawsuit, it is important to know what the legal definition of a lawsuit is.

A lawsuit can be defined as the common term that is used to describe a legal action taken by one person or entity against another person or entity, to be declared in a court of law. Sometimes, this is simply called a “suit.” The legal claims that are made during a lawsuit are called “cause of action.”

What is a Defendant?

Friday, November 11th, 2011

A defendant is the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution. In some cases, like divorce cases, the defendant is called the respondent.

In the case of most medical device cases, like vaginal mesh, the defendant is the party being sued for personal damages. Many women have filed lawsuits against manufacturers of transvaginal mesh products as the complications from these procedures can be serious.

If you or a loved one is experiencing any mesh complications, please contact us to speak with one of our experience medical device lawyers for free.

What is a Plaintiff?

Thursday, November 10th, 2011

If you have had an adverse reaction to a vaginal mesh product, and if you have filed a law suit against the company that made the medical device, you are a plaintiff. However, do you really know what a plaintiff is?

A plaintiff is the party who initiates a lawsuit by filing a complaint with the court demanding against the defendant (or defendants) demanding damages.

If you feel that you have been affected negatively by a vaginal mesh implant and have not spoken with a lawyer yet, please contact LegalView for a free legal consultation from one of our experienced medical device attorneys.

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