The A to Z Guide to Understanding Legal Jargon: A Focus on Personal Injury

Introduction

Welcome to our comprehensive "A to Z Guide" to understanding legal jargon - specifically focused on personal injury law. This guide is designed to assist you in navigating the intricate lexicon often encountered when dealing with personal injury cases. Here you will find simple explanations for complex terms and phrases. Let's delve into this world of legal terminology. And remember, Badnell & Dick is always here to help you with any cases!

Accident v Negligence

At the core of personal injury law are two concepts - accidents and negligence. An accident is a sudden event that causes damage or injury which is not intended, while negligence refers to careless conduct that causes an accident. A clear understanding of these terms will ease your journey through personal injury law.

Burden of Proof

Burden of proof is a central concept in personal injury law. It refers to the obligation on a party to provide sufficient evidence to prove their claims in a lawsuit. The party that bears the burden of proof must convince the judge or jury that their version of events is true.

Causation and Damages

Causation and damages go hand in hand in personal injury law. Causation involves proving that the defendant's negligent actions directly led to the injury. Damages refer to monetary compensation awarded to an injured party to cover physical, emotional, and financial suffering caused by injury.

Elements of a Personal Injury Claim

At the heart of a personal injury claim lie four elements - Duty, Breach, Causation, and Damages. Simply put, it means the defendant had a duty of care towards the plaintiff, they breached that duty, this breach led to the injury, and the plaintiff suffered damages as a result.

Fault and Liability

Fault is a legal term used to point out an individual's responsibility in an injury-causing incident. Liability, on the other hand, is a broader term that refers to the legal obligation to compensate for the damages caused by one's negligence.

Gross Negligence

Gross negligence is a severe form of carelessness. It's conduct that involves a high degree of recklessness or a willful disregard for safety. This term frequently appears in personal injury cases involving serious accidents.

Insurance Adjuster

An insurance adjuster is a representative of an insurance company responsible for investigating an insurance claim. They decide how much an insurance company should pay in a personal injury case.

Joint and Several Liability

Joint and several liabilities mean that if more than one person is held responsible for an accident, each person can be held fully responsible for all of the damages. This means that if one person cannot pay, the other party might have to cover the full amount.

Knowledge and Notice

In personal injury law, knowledge and notice refer to two related but distinct aspects. Knowledge refers to the defendant's awareness of the risky conditions that led to an accident. Notice, on the other hand, refers to whether the defendant was formally alerted about these dangerous conditions.

Lawsuit and Litigation

A lawsuit is a legal action taken by an individual or group against another in the court of law, usually aiming to obtain money or property. Litigation is the process of resolving disputes by filing or answering a complaint through the court system.

Motion to Dismiss

A motion to dismiss is a request by one party in a lawsuit for the court to dismiss some or all of the proceedings.

Negligence Per Se

Negligence per se is a concept meaning that an act is considered negligent because it violates a statute (i.e., a law or regulation).

Out-of-Court Settlement

An out-of-court settlement is a resolution between disputing parties about a legal case, reached either before or after court action begins.

Personal Injury

Personal injury refers to a physical, mental, or emotional injury sustained by an individual. It includes damages from accidents, medical malpractice, or defective products.

Questions of Fact and Law

Questions of fact are decided on by juries or judges in non-jury trials, based on the evidence presented, while questions of law are determined by a judge, who applies the relevant and appropriate laws to the case.

Res Ipsa Loquitur

Res ipsa loquitur is a Latin phrase that translates to "the thing speaks for itself." In personal injury law, it refers to cases where negligence is assumed since the accident wouldn't have occurred without someone's negligence.

Statute of Limitations

Statute of limitations refers to the timeframe during which legal actions can be taken. Each state has specific time limits for different types of cases.

Tort Law

Tort law addresses issues in which a defendant's actions result in an injury to another individual. It aims to protect people from wrongful acts of others.

Unintentional Tort

An unintentional tort refers to an infringement where the person who caused the accident didn't intend to harm anyone but acted negligently.

Vicarious Liability

Vicarious liability is the responsibility of any third party that had the right, ability, or duty to control the activities of a violator.

Wrongful Death

Wrongful death in personal injury law refers to a lawsuit that alleges that the victim was killed as a consequence of negligence or misconduct of another.

Conclusion

Mastering personal injury law's legal jargon is far from a simple task, but armed with this A to Z guide, you now possess the basic vocabulary required to navigate these legal waters. A better understanding of these terms will help you communicate effectively with your lawyer and contribute to a more positive outcome for your claim. Remember that understanding is the first step to empowerment.

Navigating the Road to Financial Recovery: How to File for Bankruptcy

Introduction

Bankruptcy is a legal status that provides individuals or businesses unable to pay their debts a chance for a fresh start. The process, however, can be complex and intimidating. This guide aims to help you understand the basics of filing for bankruptcy, and how to navigate the road towards financial recovery.

Understand the Basics

Before you decide to file for bankruptcy, it is essential to understand what it entails. There are two common types of bankruptcy: Chapter 7, which involves liquidating assets to pay creditors; and Chapter 13, which allows you to keep most of your assets and pay your debts over an extended period.

Consulting with a bankruptcy attorney can illuminate the right choice based on your financial situation and long-term goals.

Evaluate Your Financial Situation

Start by evaluating your financial situation. List all your assets including bank accounts, properties, and investments. Then, make a list of all your debts. The list should include the amount, interest rate, and creditor.

It is also crucial to review your income sources, and sort out necessary expenses such as housing, food, and health care. The result of your financial evaluation provides a clearer picture of your financial status and determines whether to declare bankruptcy.

Credit Counseling

Before you can file for bankruptcy, you must complete credit counseling from a government-approved organization within 180 days prior to filing. The counseling session helps you understand your financial options and paves the way towards bankruptcy filing, if that's the best solution.

Bankruptcy Petition

Filing for bankruptcy begins with a petition. This includes several forms documenting your income, debts, and complete financial statement. Hiring an experienced bankruptcy attorney can make this step less daunting as it requires precision and legal understanding.

Trustee and Meeting of Creditors

A court-appointed trustee reviews your paperwork and might sell your non-exempt assets to pay your debts in a Chapter 7 bankruptcy. In Chapter 13 bankruptcy, the trustee oversees your payment plan to creditors.

After filing, you must attend a meeting of creditors where you'll be questioned about your financial situation and bankruptcy paperwork. Your creditors may or may not attend this meeting.

Completion

If you're filing for Chapter 7, you will only need to complete a debtor education course to finalize your bankruptcy. In the case of Chapter 13, you'll need to stick to your repayment plan, which can last from three to five years. Once completed, your remaining debts will be discharged.

Rebuilding Your Credit

After bankruptcy, it's time to start rebuilding your credit score. You can do this by managing your finances responsibly, regularly reviewing your credit report, paying all your bills on time, and gradually applying for new credit.

Conclusion

Bankruptcy can be a tough path, but with the right guidance and perseverance, it can offer a lifeline to a more stable financial future. Assisted by seasoned professionals such as Badnell & Dick Co., you can navigate this road to recovery with more confidence.

Take the process one step at a time, use bankruptcy as a learning experience, and commit to better financial decisions; you'll find yourself back on the path to financial stability before you know it.

Breaking Down the Role of Disability Attorneys: How Attorneys for Disability Can Help You

When faced with navigating the complexities of disability law, having a knowledgeable and experienced attorney by your side can make all the difference. Attorneys specializing in disability law possess the expertise to guide you through the legal process, ensuring your rights are protected and helping you obtain the benefits you deserve. In this article, the professionals at Badnell & Dick will explore the invaluable role of disability attorneys and shed light on how they can assist individuals in Ohio in their pursuit of disability benefits.

Understanding Disability Law and Its Challenges:

Disability law is a highly specialized area that encompasses various federal and state regulations, administrative procedures, and eligibility requirements. Attorneys for disability have an in-depth understanding of these intricate laws and stay updated with any changes or developments. They can provide clarity on the legal framework, explain your rights, and help you navigate through the complex landscape of disability law.

Evaluating Your Eligibility for Disability Benefits:

One of the key roles of disability attorneys is to assess your eligibility for different types of disability benefits. They will carefully review your medical records, work history, and overall circumstances to determine if you meet the criteria set by the Social Security Administration (SSA) for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Attorneys can help you understand the specific requirements and gather the necessary evidence to support your claim.

Assisting with the Application Process:

The process of applying for disability benefits can be overwhelming, with extensive paperwork, deadlines, and specific documentation requirements. Disability attorneys are well-versed in the application process and can guide you through each step. They will help you complete the necessary forms accurately, compile relevant medical records, and ensure that your application is submitted within the designated timeframe. By working with an attorney, you can avoid common mistakes that could potentially delay or jeopardize your claim.

Representing You in Appeals:

If your initial disability claim is denied, don't lose hope. Disability attorneys are skilled advocates who can assist you throughout the appeals process. They will review the reasons for the denial, gather additional evidence if needed, and prepare a compelling case on your behalf. Whether you need to request reconsideration or appear before an Administrative Law Judge, attorneys will provide representation and present your case in the most favorable light.

Handling the Legal Aspects:

Disability attorneys take care of the legal aspects of your case, allowing you to focus on your health and well-being. They correspond with the SSA, gather medical and vocational evidence, interview witnesses, and prepare any necessary legal briefs. Attorneys will present your case persuasively and effectively, leveraging their legal expertise to increase your chances of success.

Advocating for Maximum Benefits:

Attorneys for disability work tirelessly to ensure that you receive the maximum benefits you are entitled to. They understand the complex formulas used to calculate benefit amounts and can make compelling arguments to increase your monthly payments. Attorneys will help you explore additional avenues for benefits and negotiate on your behalf to secure the most favorable outcome.

When facing the challenges of applying for disability benefits, having the support of dedicated disability attorneys can be invaluable. Attorneys specializing in disability law possess the knowledge, experience, and dedication necessary to navigate the intricate legal process on your behalf. Whether you are filing an initial claim or appealing a denial, their expertise can significantly improve your chances of obtaining the benefits you deserve. If you are seeking assistance with disability benefits in Ohio, consider reaching out to the reputable attorneys at Badnell & Dick to receive the guidance and representation you need to navigate the complexities of disability law successfully. 

Common Myths about Social Security Disability Debunked

When it comes to Social Security Disability, there are many myths and misconceptions that can confuse individuals who may be eligible for benefits. At Badnell & Dick, our team of experienced Social Security Disability advocates in Mansfield, Ohio, aims to provide clarity and debunk these common myths. By understanding the truth behind these misconceptions, you can navigate the process with confidence and increase your chances of securing the benefits you deserve.

Myth 1: Everyone gets approved for Social Security Disability.

Reality: Contrary to popular belief, not everyone who applies for Social Security Disability benefits gets approved. The Social Security Administration has strict criteria that must be met to qualify for benefits. These criteria include having a severe medical condition that prevents you from working for at least one year or that is expected to result in death.

Myth 2: You can't work while receiving Social Security Disability benefits.

Reality: It is possible to work while receiving Social Security Disability benefits, but there are limitations. The Social Security Administration offers work incentives and programs such as the Ticket to Work program that encourages individuals to return to work gradually. It's important to understand the rules and regulations surrounding employment while receiving benefits to avoid any potential issues.

Myth 3: Only physical disabilities qualify for Social Security Disability benefits.

Reality: Social Security Disability benefits are not limited to physical disabilities. Mental health conditions, such as anxiety disorders, depression, and schizophrenia, can also be considered for benefits. The key factor is whether the condition significantly impairs your ability to work.

Myth 4: You don't need an attorney to apply for Social Security Disability benefits.

Reality: While it's not required to have an attorney to apply for benefits, having a Social Security Disability advocate can significantly improve your chances of success. Attorneys experienced in this field can guide you through the application process, ensure all necessary documentation is submitted, and represent you in appeals if your initial claim is denied.

Myth 5: You can't appeal a denied Social Security Disability claim.

Reality: If your Social Security Disability claim is denied, you have the right to appeal the decision. In fact, a significant number of initial claims are denied, but many of these denials are successfully overturned during the appeals process. An experienced advocate can help you navigate the complex appeals process, gather additional evidence, and present a strong case on your behalf.

Separating fact from fiction is crucial when it comes to Social Security Disability. By debunking these common myths, we hope to provide clarity and accurate information to individuals seeking Social Security Disability benefits in Mansfield, Ohio. At Badnell & Dick, we are dedicated to assisting clients through the application process, representing them in appeals, and ensuring they have the best chance of securing the benefits they are entitled to. If you have any questions or need assistance with your Social Security Disability claim, don't hesitate to contact our experienced Social Security Disability advocates today.

5 Common Misconceptions About Personal Injury Claims: Busting Myths with Badnell & Dick

Personal injury claims can be confusing, especially for those who have never been involved in one before. Unfortunately, there are many common misconceptions surrounding personal injury claims that can lead to inaccurate expectations and incorrect assumptions. As personal injury claims lawyers, Badnell & Dick want to set the record straight and bust these myths. In this blog post, we'll be discussing 5 common misconceptions about personal injury claims and the truth behind them.

Misconception #1: Personal injury claims are always frivolous lawsuits.

Truth: Personal injury claims are legitimate lawsuits that are filed by individuals who have suffered injuries due to the negligence or intentional actions of another party. These injuries can range from minor cuts and bruises to serious, life-changing injuries such as traumatic brain injuries, spinal cord injuries, and more.

Misconception #2: Personal injury claims are always settled out of court.

Truth: While some personal injury claims may be settled out of court through negotiation, others may need to go to trial in order to receive the compensation that the injured party deserves. The decision to settle out of court or go to trial is a complex one and should be made in consultation with a personal injury claims lawyer.

Misconception #3: Personal injury claims are only worth pursuing if the injuries are severe.

Truth: Any injury can have a significant impact on a person's life, even if it is not immediately apparent. Personal injury claims lawyers can help injured parties determine the value of their claims, taking into account factors such as medical expenses, lost wages, pain and suffering, and more.

Misconception #4: Personal injury claims are always filed against individuals.

Truth: Personal injury claims can be filed against individuals, companies, government entities, and other organizations. Any party that is responsible for causing an injury can be held liable for damages.

Misconception #5: Personal injury claims are easy to handle without a lawyer.

Truth: Personal injury claims can be complex and involve a lot of legal and medical jargon. In addition, insurance companies may try to offer low settlements or deny claims altogether. Hiring a personal injury claims lawyer can help injured parties navigate the legal system and negotiate with insurance companies to ensure that they receive fair compensation for their injuries.

We hope that we've cleared up some of your misconceptions. Our personal injury claims lawyers want to ensure that injured parties receive the compensation that they deserve. By busting these myths and providing accurate information, we hope to help individuals make informed decisions about their personal injury claims. If you have been injured and are considering filing a personal injury claim, contact Badnell & Dick for a consultation today. 

Denied Social Security Disability Benefits: What's Next?

My SDI Claim Has Been Denied: What's Next?

The approval rate for Social Security Disability Insurance in Ohio is currently only 30%.

Unfortunately, the chances of your Social Security Disability Claim getting denied are very high; 70% of Ohioans are denied their right to these benefits. If you're reading this and you cannot gain access to your benefits, you may be wondering how you will support your family. If you cannot work and have no income source, what's next?

First, you should be armored in knowledge. Knowwhy you were denied so you can refute the cause. The most common reason is that the Disability Examiners from your state DDS (Disability Determination Services) agency deemed the evidence for your claim insufficient. If you do not include medical records in your claim, chances are it will not get approved. If you don't have medical records that support your claim, the best next step is to talk to your physician about your disability. Talking to your physician about your disability can be difficult, but it is worth it for those who cannot work due to their impairments or limitations.

After consulting your physician and retrieving required medical documents, you may also check that you have appropriate evidence and seek professional guidance from attorneys familiar with the strict SDI criteria. Your legal team can help you pursue an appeal and fill out any required forms using your new information. They will also be able to assist you should your appeal efforts need a hearing before a judge.

At Badnell & Dick Co., we know that a red "denied" stamp does not always mean no. Sometimes, it just means you will have to go through extra hoops to reach your goal, and we'll help you get there. When you're overwhelmed by Social Security Disability issues, rest assured that we have years of experience assisting many clients in getting approval from the DDS. Call us at 1-800-234-9511 to speak with one of our attorneys and fight this battle the right way!

When To Call About Social Security Disability

 Call Badnell & Dick Co., LPA The Moment You Submit Your Social Security Disability Claim

Applying for Social Security Disability benefits can be one of the most stressful times of your life. Many times, you have no additional incoming coming in, and the future is a scary and hazy place. Without proper representation from a disability benefits attorney, you could wait a substantially long time before receiving notice, or even worse, your claims can come back denied. Many claims are denied because most people feel as though they can not afford an attorney, so they fail to seek legal assistance while treading through unknown and challenging waters. Denied claims can be devastating for those who need assistance to their inability to enter the workforce. If you are able to continue working, there's a chance your benefit is denied simply because you're still maintaining an income above the poverty line from part-time work. At this point, if you're making more than the permitted salary, the Social Security Administration assumes that you must not be that disabled and will not require assistance.

In many cases, Badnell & Dick Co., LPA, finds that forms that have been submitted before seeking our services are incomplete and filled out incorrectly, resulting in the denial of clams. The number of documents that need to be submitted in total completion is tyrannical, but it is undoubtingly essential that each form is triple-checked. Our law offices can help take the burden of incomplete forms off of your chest. The Social Security Administration may require you to jump through even more hoops regarding the number of necessary consultations and physical exams performed by medical physicians and specialists. If you relied on your previous employer for insurance and no longer have the luxury of these benefits, the cost of these visits alone could be shattering. It is suggested that you keep a detailed log of every visit, phone call, prescription, and treatment along with following the guidelines of prescribed therapy, or your benefits will be denied. The only exception is that you are so mentally or physically incapacitated that you cannot perform the treatment. 

Many denied Social Security Disability claims could have been approved had the applicant sought out the services of a reputable disability attorney such as Badnell & Dick Co., LPA, before filing. We are here to help you fill out the paperwork and will gather the proper medical evidence necessary to support your claim. Don't wait any longer to proceed with your Social Security Disability benefits. If you're in the Mansfield, Cleveland, and Columbus, Ohio regions, call our law offices today at (419) 525-0800.