Top 5 Reasons to Use Alternative Dispute Resolution instead of Litigation

Choosing alternative dispute resolution can be one of the smartest things you ever do when involved in a legal dispute. Although it is not right in every situation, it can provide a number of benefits. In some cases, courts even require you to attempt alternative dispute resolution in Indiana before moving forward with litigation. They might order disputing parties into mediation or arbitration in an attempt to resolve the dispute more efficiently and remove the burden of the court system.

If you are considering alternative dispute resolution in Indiana or the court is requiring an attempt at ADR, why should you be willing to try it with an open mind?

1. Saves Money

One of the primary reasons people opt to use alternative dispute resolution in Indiana is because it costs less than litigation. Both mediation and arbitration almost always saving those involved in dispute money. In some cases, it is a significant amount of money. When you add up the cost of working with a lawyer for several months, court fees, and any other expenses of a long, drawn-out court battle, it is easy to see how much less expensive alternative dispute resolution will be.

2. Saves Time

A big reason why alternative dispute resolution costs so much less than litigation is that it saves so much time. You are not using the resources involved for as long as a period of time as you would when taking a case to court. Not to mention the time it saves you. Imagine being able to get back to your regular life without the burden of a lawsuit hanging in the balance. It is why so many people opt for ADR.

3. Preserves Relationships

Alternative dispute resolution in Indiana, especially mediation, helps to preserve mutually beneficial relationships. Whether you are involved in a business dispute or you are trying to resolve a family legal issue, you are more likely to be able to move forward and enjoy the benefits of the relationship pre-dispute when you use ADR to resolve it. There is less animosity than in litigation and unlike going to court, there is less of a sense of winning and losing. There is also more flexible, so even if an arbitrator finds in favor of one party, it is possible to create a custom solution that still makes the other party comfortable.

4. Gives You Control of the Outcome

Many instances of alternative dispute resolution in Indiana will put you completely in control of the outcome of your situation. There will be no judge rendering a decision and you will not be forced to abide by the conditions of a resolution unless it is stated in advance that the decision of an arbitrator is binding.

5. Keeps the Dispute Confidential

In both mediation and arbitration, parties involved can agree to keep the process and the outcome private. This is beneficial in personal family law matters as well as in business disputes. You are able to keep sensitive details from becoming a matter of public record and you prevent personal details from being known to the public.

To learn more about the benefits of alternative dispute resolution and learn why it might be right for you, contact John Panico at 317-759-7464.

John Panico
https://www.panicoadr.com/

When Is It Time to Hire a Bankruptcy Attorney?

Financial problems are some of the most stressful a person can experience. Knowing when to hire a bankruptcy attorney in Kennebunk and to move forward with filing makes all the difference when it comes to getting financial stress under control.

How do you know the time is right to hire a bankruptcy attorney?

You Hear from Creditors on a Daily Basis
It is no secret that creditors and bill collectors tend to be aggressive when you owe them money. Most people can live with the occasional call or notice from debt collectors, but if those calls are coming in a daily basis, it is time to reach out to a bankruptcy attorney in Kennebunk. This is true, too, if creditors have attempted to contact you by phoning an employer or a family member. Chances are you provided this information when you applied for the loan or credit card and creditors are not afraid to use it to track you down for repayment.

You Have Received Notice You Are Being Sued
Let a debt go unpaid for too long and you will be subject to legal action. When debt collectors feel they have exhausted their other options, they will turn to the court system to get repayment from you. Ignoring this will only cause more problems, even if you are not legally obligated to pay the debt. If you are dealing with legal action taken by creditors and you are concerned about what to do next, it is time to contact a bankruptcy attorney in Kennebunk.

Your Wages are Garnished or Your Accounts Have Been Levied
Should a creditor or debt collector be successful in court after suing you regarding a debt, they could be given the opportunity to garnish your wages or take money directly from your accounts. IRS debt collectors are especially good at using these methods of collection. The problem is once you are not getting the total amount of your income or you siphoned your money from your account, it will be impossible to ever get caught up on debts. It is time to contact a bankruptcy attorney in Kennebunk.

You Are Facing Foreclosure
If you are at risk of losing your home, you need the help of a bankruptcy attorney in Kennebunk and you need it as quickly as possible. Filing for bankruptcy stops all debt collection efforts against you, which includes foreclosure efforts. Even if you ultimately lose your home, you will have time to regroup and take control of your situation.

A bankruptcy attorney will ensure that collection efforts against you stop and help you decide what to do next. In some cases, that will include negotiating a repayment plan and staying in your home. Unfortunately, many people wait too long to reach out to an attorney and their ability to remain in their home is no longer an option, only because they dragged their feet. Do not let this happen to you.

To learn more or to schedule a consultation to discuss whether you need to be working with a bankruptcy attorney, contact Lee Anne Graybeal at 207-985-4644.

Lee Anne Graybeal
https://www.graybeallaw.com/

How to Find a Lawyer for Medical Malpractice Claims

Medical malpractice occurs when a medical professional is negligent in their medical duties and care or fails to reach the standard of practice required by profession and, as a result, causes injury or loss to a person. These cases are challenging to win, and if they go to trial, the verdict usually goes to the defense.

Personal Recommendations
Many practices and law firms are trying to gain business with claims that they can win you thousands by succeeding in winning personal injury or malpractice claims. Some advertise, “No win, no fee” it is important to note these should not be confused with medical malpractice which is more specialized. It pays in medical malpractice cases to hire the right lawyer who will listen and understand your claim.

An excellent place to start in finding a medical malpractice attorney in Anchorage would be to ask around friends and family. If you have a friend who is a lawyer, they may be able to recommend someone to you. There is much networking in law and lawyers have many contacts from years of practice and training, it is likely someone will know a suitable attorney that could help you.

The Local Bar Association
If you are unable to find an excellent medical malpractice attorney via personal recommendation, then the next places to try will be either the state or local bar associations. These associations will have a referral service that helps to connect clients with qualified lawyers. Lawyers who have specialty practices such as in medical malpractice will be required to demonstrate specific experience within the area to be listed within the field. To be referred to a lawyer via this method, all you would need to do is to phone or email the relevant association and request to be put in contact with a qualified lawyer.

Online Research
If you are researching online to find your bar association, then you could research yourself for a lawyer. Many websites now provide features for clients to initiate chats or send requests for callbacks to give an overview of their case. This service could then lead to the client becoming connected with the most appropriately qualified lawyer for their situation.

A Good Fit
Once you have been put in touch with a medical malpractice attorney who could work on your case, it is vital to reassure yourself that they have the right experience and that you would both be able to work together.

Find out from your lawyer or the firm what proportion of medical malpractice cases they take on against other cases. It does not have to be 100% medical malpractice, but it should a more significant part of their workload.

You should enquire about the type of cases your lawyer has taken on in the past, how many years of experience in the field, how many have been won, settled, how big were the settlements, has he/she been to trial, and if so did they win?

It is wise to make sure you and your lawyer will be able to get along. It is best to be honest with yourself and your personality, whether you can allow your lawyer to handle everything or if you would prefer to be more involved with regular updates and input. Will your lawyer respect this is how you want to manage the relationship?

Michael Schneider
https://www.aktriallaw.com/

The 5 Things You Need to Know After an Auto Accident

If you are involved in an auto accident in California, there are several important things that you should know.

You Need to Report the Accident
California law requires you to report any auto accident that causes:
• Death
• Injury
• Property damage greater than $750

Additionally, the accident report will be an important factor in making a claim. The accident report will help establish that the accident happened. Additionally, the law enforcement officer who prepares the accident report may provide important information, such as stating that the other driver was cited for a traffic violation for the accident.

The Accident Scene Will be Quickly Cleaned Up
Law enforcement will work to quickly clean up the scene of the accident so that it does not pose a danger to the public or obstruct traffic. Therefore, you need to be prepared to document the scene of the accident within a few minutes of it occurring. Take pictures of the accident scene from various angles, including pictures of the damage to all vehicles and any property, your injuries, skid marks and nearby traffic signs. Also, ask for contact information for any witnesses who observed the collision.

The Insurance Company Probably Will Not Offer a Fair Settlement
Accident victims should not expect the insurance company to quickly resolve their claim, pay their medical bills and settle the claim for its full value. Insurance companies are for-profit companies. Adjusters are trained to resolve claims for as little money as possible in the interest of increasing the insurance company’s profits. Insurance companies may not provide a fair settlement until you involve the assistance of an experienced personal injury lawyer.

You Can Recover Compensation Even if You Were Partially at Fault
California uses a system of pure comparative negligence, which allows accident victims to recover compensation for their injuries even if their own negligence contributed to the accident. The “pure” aspect of this system means that the accident victim can recover compensation from another negligent person even if he or she was 99% at fault for the accident. However, your damages will be reduced by your own degree of fault. A car accident lawyer can work to diminish your own degree of fault to maximize your award.

You Do Not Have a Lot of Time to File a Claim
In most situations, you only have two years from the date of the accident to file a lawsuit against the responsible party. This is the statute of limitations. If you fail to file a lawsuit within this time limit, you can be barred from recovering compensation from the at-fault party – even if liability is crystal clear. You do not want to wait too long, either. Doing so can make the insurance company think you are not serious about the claim. If you hire a lawyer, he or she will need time to investigate the claim, make a demand to the insurance package and prepare legal documents if the insurance company does not offer a fair settlement, so do not delay.

Because you do not have a lot of time to file a claim, it is important to contact a qualified car accident lawyer. You can learn more about your rights as an accident victim at www.heitingandirwin.com.

James Heiting
https://www.heitingandirwin.com

What to Expect at Motorcycle Accident Mediation

Motorcycle accidents often result in serious injuries, such as traumatic brain injuries or spinal cord injuries. These injuries may be expensive to treat. When a victim has received pushback from the insurance company regarding his or her alleged damages, mediation can be an effective way to humanize the case.

Before mediation begins, the mediator will explain his or her role, as well as any relevant background on how he or she is familiar with motorcycle accidents. Then, the other parties will introduce themselves so everyone is familiar with everyone else who is present at mediation. Often, the defendant is represented by an attorney or insurance company and may not personally attend, but in some cases, the defendant may attend.

The mediator may ask that all participants sign confidentiality agreements. This ensures that the parties will not be able to discuss what was stated during mediation outside the mediation process. Having confidentiality during the process is vital since the parties do not have to worry about saying something that can later be used against them in court.

The plaintiff or his or her attorney will begin the process by giving an opening statement about why they are at mediation. The defense attorney may then give a statement. Depending on the mediator’s style and the relationship between the parties, the next step will either be a joint or individual session. In joint sessions, all parties participate together. In individual sessions, the mediator talks to one party at a time and then talks to the other party. During these sessions, the mediator shares important information and may communicate offers and counteroffers to the parties.

If the parties reach an agreement, the mediator draws this up and the parties sign, saying that they agree to settle the case on the terms described. If the case was pending in court, the lawyers will draw up the necessary paperwork and the case will be over.