Other articles:
•  Could You Use a Personal Injury Attorney?   •  Foreclosure Fraud on the Rise
•  Avoiding Identity Theft (Part 1) (Part 2)   •  Let A DUI Lawyer Protect Your Rights   
•  Domestic Violence   •  When You Die, What Does a Will Do?   •  Understanding the Patent Process
•  Filing an Asbestos Related Lawsuit   •  Mesothelioma Lawsuits and Finding the Right Attorney
•  Understanding the Magnificent Limited Liability Company  •  Hard Facts On Drunk Driving
•  How to Talk to the Police if You're Suspected of a Crime  

How To Get Help With Medical Malpractice
By Joseph Hanoa

Medical malpractice is a category of personal injury law. A personal injury occurs when the actions or negligence of another causes injury to your person, property, reputation or rights. You wouldn’t have sustained the injury if it hadn’t been for the action or negligence of the other party. An injury is defined as a wrong or damages. This situation obviously applies to medical malpractice.

When medical personnel commit a wrong that results in injury to the patient and that patient sustains an injury, the patient may have the right to seek damages. Whether it is a wrong diagnosis that has resulted in injury, a wrong medication prescribed or given accidentally, a wrong action that results in injury, whatever, the patient may have the right to sue for damages. It doesn’t matter if the act that caused the injury is malicious or accidental. The action happened and the patient sustained injury as a result of the action.

The amount of damages is related to the amount of injury. If you think you are in this situation, then you should see an attorney as soon as possible. The sooner you seek legal advice the better.

Finding an attorney is not always easy. You can ask friends, relative and colleagues if they know of any attorneys. You can call the local bar and ask for a referral. You can also look in the phonebook or online for a law firm. When you see the attorney bring whatever material they request you to bring. Tell them all of the relevant facts and details. The law firm will evaluate the situation and tell you if they think you have a cause of action. The attorney will tell you if he wants to handle the case. He may refer you to another attorney at his law firm or at another law firm, depending on the circumstances. Some attorney’s specialize in medical malpractice cases and others specialize in certain kinds of medical malpractice cases. If your case is serious enough, you may want to retain the services of this kind of specialist.

Make sure the attorney you retain is someone you can work with. If there is a personality conflict then you probably won’t be able to work with the individual and you don’t want to retain him. Discuss his qualifications and fee and what the protocol is in medical malpractice cases. Don’t be afraid to ask questions. If you can’t ask questions and receive answers, then you are in the wrong place.

Joseph is the proud owner of Malpractice Guide, a website that will explain everything you need to know about Malpractice Law. We invite you to visit our site today and see what we have to offer.

Article Source: http://EzineArticles.com/?expert=Joseph_Hanoa

IDENTITY THEFT: Take Action Immediately!
From the U.S. Federal Trade Commission   ^^ BACK TO THE TOP OF THE PAGE ^^

Defend against identity theft as soon as you suspect it.

What are the steps I should take if I'm a victim of identity theft?
What is a fraud alert?
What is an identity theft report?
What do I do if the local police won't take a report?
How do I prove that I'm an identity theft victim?
Should I apply for a new Social Security number?

What are the steps I should take if I'm a victim of identity theft?

If you are a victim of identity theft, take the following four steps as soon as possible, and keep a record with the details of your conversations and copies of all correspondence.

1. Place a fraud alert on your credit reports, and review your credit reports.

Fraud alerts can help prevent an identity thief from opening any more accounts in your name. Contact the toll-free fraud number of any of the three consumer reporting companies below to place a fraud alert on your credit report. You only need to contact one of the three companies to place an alert. The company you call is required to contact the other two, which will place an alert on their versions of your report, too.

Equifax: 1-800-525-6285
http://www.equifax.com/
P.O. Box 740241, Atlanta, GA 30374-0241

Experian: 1-888-EXPERIAN (397-3742)
http://www.experian.com/  
P.O. Box 9532, Allen, TX 75013

TransUnion: 1-800-680-7289
http://www.transunion.com/  
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790

Once you place the fraud alert in your file, you're entitled to order free copies of your credit reports, and, if you ask, only the last four digits of your Social Security number will appear on your credit reports. Once you get your credit reports, review them carefully. Look for inquiries from companies you haven't contacted, accounts you didn't open, and debts on your accounts that you can't explain. Check that information, like your Social Security number, address(es), name or initials, and employers are correct. If you find fraudulent or inaccurate information, get it removed. See Correcting Fraudulent Information in Credit Reports to learn how. Continue to check your credit reports periodically, especially for the first year after you discover the identity theft, to make sure no new fraudulent activity has occurred.

You may find that most federal and state agencies, and some local police departments, offer only "automated" reports, reports that do not require a face-to-face meeting with a law enforcement officer. Automated reports may be submitted online, or by telephone or mail. If you have a choice, do not use an automated report. The reason? It's more difficult for the consumer reporting company or information provider to verify the information. Unless you are asking a consumer reporting company to place an extended fraud alert on your credit report, you probably will have to provide additional information or documentation when you use an automated report.

2. Close the accounts that you know, or believe, have been tampered with or opened fraudulently.

Call and speak with someone in the security or fraud department of each company. Follow up in writing, and include copies (NOT originals) of supporting documents. It's important to notify credit card companies and banks in writing. Send your letters by certified mail, return receipt requested, so you can document what the company received and when. Keep a file of your correspondence and enclosures.

When you open new accounts, use new Personal Identification Numbers (PINs) and passwords. Avoid using easily available information like your mother's maiden name, your birth date, the last four digits of your Social Security number or your phone number, or a series of consecutive numbers.

If the identity thief has made charges or debits on your accounts, or on fraudulently opened accounts, ask the company for the forms to dispute those transactions:

• For charges and debits on existing accounts, ask the representative to send you the company's fraud dispute forms. If the company doesn't have special forms, use the sample letter to dispute the fraudulent charges or debits. In either case, write to the company at the address given for "billing inquiries," NOT the address for sending your payments.
• For new unauthorized accounts, ask if the company accepts the ID Theft Affidavit (PDF, 56 KB). If not, ask the representative to send you the company's fraud dispute forms. If the company already has reported these accounts or debts on your credit report, dispute this fraudulent information. See Correcting Fraudulent Information in Credit Reports to learn how.

Once you have resolved your identity theft dispute with the company, ask for a letter stating that the company has closed the disputed accounts and has discharged the fraudulent debts. This letter is your best proof if errors relating to this account reappear on your credit report or you are contacted again about the fraudulent debt.

3. File a report with your local police or the police in the community where the identity theft took place.

Then, get a copy of the police report or at the very least, the number of the report. It can help you deal with creditors who need proof of the crime. If the police are reluctant to take your report, ask to file a "Miscellaneous Incidents" report, or try another jurisdiction, like your state police. You also can check with your state Attorney General's office to find out if state law requires the police to take reports for identity theft. Check the Blue Pages of your telephone directory for the phone number or check http://www.naag.org/ for a list of state Attorneys General.

4. File a complaint with the Federal Trade Commission.

By sharing your identity theft complaint with the FTC, you will provide important information that can help law enforcement officials across the nation track down identity thieves and stop them. The FTC can refer victims' complaints to other government agencies and companies for further action, as well as investigate companies for violations of laws the agency enforces.

You can file a complaint with the FTC using the online complaint form; or call the FTC's Identity Theft Hotline, toll-free: 1-877-ID-THEFT (438-4338); TTY: 1-866-653-4261; or write Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580.

Be sure to call the Hotline to update your complaint if you have any additional information or problems.

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What is a fraud alert?

There are two types of fraud alerts: an initial alert, and an extended alert.

• An initial alert stays on your credit report for at least 90 days. You may ask that an initial fraud alert be placed on your credit report if you suspect you have been, or are about to be, a victim of identity theft. An initial alert is appropriate if your wallet has been stolen or if you've been taken in by a "phishing" scam. When you place an initial fraud alert on your credit report, you're entitled to one free credit report from each of the three nationwide consumer reporting companies.
• An extended alert stays on your credit report for seven years. You can have an extended alert placed on your credit report if you've been a victim of identity theft and you provide the consumer reporting company with an "identity theft report." When you place an extended alert on your credit report, you're entitled to two free credit reports within twelve months from each of the three nationwide consumer reporting companies. In addition, the consumer reporting companies will remove your name from marketing lists for pre-screened credit offers for five years unless you ask them to put your name back on the list before then.

To place either of these alerts on your credit report, or to have them removed, you will be required to provide appropriate proof of your identity: that may include your Social Security number, name, address and other personal information requested by the consumer reporting company.

When a business sees the alert on your credit report, they must verify your identity before issuing you credit. As part of this verification process, the business may try to contact you directly. This may cause some delays if you're trying to obtain credit. To compensate for possible delays, you may wish to include a cell phone number, where you can be reached easily, in your alert. Remember to keep all contact information in your alert current.

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What is an identity theft report?

An identity theft report may have two parts:

Part One is a copy of a report filed with a local, state, or federal law enforcement agency, like your local police department, your State Attorney General, the FBI, the U.S. Secret Service, the FTC, and the U.S. Postal Inspection Service. There is no federal law requiring a federal agency to take a report about identity theft; however, some state laws require local police departments to take reports. When you file a report, provide as much information as you can about the crime, including anything you know about the dates of the identity theft, the fraudulent accounts opened and the alleged identity thief.

Part Two of an identity theft report depends on the policies of the consumer reporting company and the information provider (the business that sent the information to the consumer reporting company). That is, they may ask you to provide information or documentation in addition to that included in the law enforcement report which is reasonably intended to verify your identity theft. They must make their request within 15 days of receiving your law enforcement report, or, if you already obtained an extended fraud alert on your credit report, the date you submit your request to the credit reporting company for information blocking. The consumer reporting company and information provider then have 15 more days to work with you to make sure your identity theft report contains everything they need. They are entitled to take five days to review any information you give them. For example, if you give them information 11 days after they request it, they do not have to make a final decision until 16 days after they asked you for that information. If you give them any information after the 15-day deadline, they can reject your identity theft report as incomplete; you will have to resubmit your identity theft report with the correct information.

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What do I do if the local police won't take a report?

There are efforts at the federal, state and local level to ensure that local law enforcement agencies understand identity theft, its impact on victims, and the importance of taking a police report. However, we still hear that some departments are not taking reports. The following tips may help you to get a report if you're having difficulties:

• Furnish as much documentation as you can to prove your case. Debt collection letters, credit reports, your notarized ID Theft Affidavit (PDF, 56 KB), and other evidence of fraudulent activity can help demonstrate the seriousness of your case.
• Be persistent if local authorities tell you that they can't take a report. Stress the importance of a police report; many creditors require one to resolve your dispute. Remind them that consumer reporting companies will automatically block the fraudulent accounts and bad debts from appearing on your credit report, but only if you can give them a copy of the police report.
• If you're told that identity theft is not a crime under your state law, ask to file a Miscellaneous Incident Report instead.
• If you can't get the local police to take a report, try your county police. If that doesn't work, try your state police.

Some states require the police to take reports for identity theft. Check with the office of your State Attorney General www.naag.org to find out if your state has this law.

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How do I prove that I'm an identity theft victim?

Applications or other transaction records related to the theft of your identity may help you prove that you are a victim. For example, you may be able to show that the signature on an application is not yours. These documents also may contain information about the identity thief that is valuable to law enforcement. By law, companies must give you a copy of the application or other business transaction records relating to your identity theft if you submit your request in writing. Be sure to ask the company representative where you should mail your request. Companies must provide these records at no charge to you within 30 days of receipt of your request and your supporting documents. You also may give permission to any law enforcement agency to get these records, or ask in your written request that a copy of these records be sent to a particular law enforcement officer.

The company can ask you for:

• proof of your identity. This may be a photocopy of a government-issued ID card, the same type of information the identity thief used to open or access the account, or the type of information the company usually requests from applicants or customers, and
• a police report and a completed affidavit, which may be the ID Theft Affidavit (PDF, 56 KB) or the company's own affidavit.

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Should I apply for a new Social Security number?

Under certain circumstances, the Social Security Administration may issue you a new Social Security number - at your request - if, after trying to resolve the problems brought on by identity theft, you continue to experience problems. Consider this option carefully. A new Social Security number may not resolve your identity theft problems, and may actually create new problems. For example, a new Social Security number does not necessarily ensure a new credit record because credit bureaus may combine the credit records from your old Social Security number with those from your new Social Security number. Even when the old credit information is not associated with your new Social Security number, the absence of any credit history under your new Social Security number may make it more difficult for you to get credit. And finally, there's no guarantee that a new Social Security number wouldn't also be misused by an identity thief.

Source: Federal Trade Commission

More on Preventing Identity Theft
By Nikki Greene  ^^ BACK TO THE TOP OF THE PAGE ^^

America, it’s time to take an aggressive stance in preventing identity theft! The odds of the average American becoming the victim of such an outrageous crime are greater than you might think. In fact, with today’s technology and just a little creativity, thieves can quite easily capture your personal identity for the purposes of draining your funds, charging expensive items to your credit cards and recreating their entire lives to virtually become “you”. There are effective ways to fight this epidemic – it’s just a matter of familiarizing yourself with them.

Financial Transactions
Let’s face it, there’s no way to function within society without participating in some type of financial transaction on a regular basis. Whether it’s going to the ATM, applying for a loan or charging merchandise on a credit card, we’re all caught in the electronic loop and will need to find an effective means for preventing identity theft.

• Don’t place outgoing bill payments in your mailbox for mail carriers to collect.
• Make sure that the keypad is shielded when you type in the PIN number for your ATM banking transactions.
• Pick up boxes of new checks directly from your bank; never have them mailed to your home.
• Don’t include your social security number or driver’s license number with your pre-printed name and address on your checks.
• Don’t write credit card or bank account numbers on your checks.

Credit Cards
Too many people become lax in the area of credit card information. So many folks order merchandise over the phone or online using these cards, and little is done in the way of preventing identity theft.

• Don't apply your signature to your credit cards, instead write on the back - in permanent ink - "Ask for driver's license" or any variation.
• Don’t get into the habit of carrying all of your credit cards with you – only carry what you’ll need for the purposes at hand.
• Shred any unused documentation that contains your credit card information, and do the same with pre-approved credit card applications.
• Never dispose of credit card receipts by simply throwing them in the wastebasket. Always shred them before disposal.

Social Security Number
This is one of the most commonly stolen bits of data today, which helps to cement identity theft. By protecting this precious piece of personal information, you can do much in the area of preventing identity theft.

• Memorize your social security number, and never carry your card or other document that may contain the number, in case of theft.
• Don’t allow your social security number to be used as an ID number, either at work or on various types of accounts.
• When obtaining a driver’s license, request that your social security number is not used as your driver’s license number. Although this is a common practice in some states, you do have the right to make such a request and be assigned a different number..
• Never print your social security number on your checks.
• Request a statement from the Social Security Administration showing your earnings and benefits every few years, to ensure that everything is correct.

These and many other precautions can be taken to ensure that you’re protected from identity theft. Although there’s no sure-fire guarantee that it won’t happen to you, prevention is certainly the best medicine – just ask anyone who’s ever been the victim of such a crime.

About The Author
Nikki Greene is dedicated to helping you become better informed when it comes to preventing identity theft. Keep up with the latest trends, identity theft in the news, and how you can safeguard your identity today at http://www.preventing-identity-theft.com/.

Could You Use A Personal Injury Attorney?
By Ian Walker  ^^ BACK TO THE TOP OF THE PAGE ^^

Have you got a case? Do you know when you need a personal injury attorney?

Most people assume you only need a personal injury attorney for a auto accident. Clearly, when you have an auto accident that results in an injury to yourself caused by others then hiring a personal injury attorney would be prudent, but there are many instances when a personal injury attorney may be of use to you for all sorts of accidents caused by others.

The key question when assessing whether you need to hire an attorney regarding a claim is, "has there been negligence caused by another?" If there has been no negligence, intentional or otherwise, then there can be no claim. For instance, as you walk down the sidewalk your toe catches on a loose paving slab. You fall and break your wrist. In this instance the persons or authority charged with maintaining the sidewalk is negligent for letting the sidewalk fall into dangerous disrepair. If, however on your walk about town, you trip on a sidewalk for no reason other than your own clumsiness and break your wrist only you are responsible. The side walk is in good working order only you are negligent for not taking more care.

There are many instances when a personal injury claim may be made, not only car accidents and slips on sidewalks. Workplace accidents, construction accidents, fires, floods, poisoning, drug overdoses, animal bites, being robbed or mugged, medical malpractice, airplane/bus/train accidents and even legal malpractice may entitle you to a personal injury claim.

Even accidents you may have had in the past may be worth assessing with a personal injury attorney. Often when you consider who was at fault for your accident you may point the finger of suspicion in one direction, but a well chosen personal injury attorney may be able to highlight several parties at fault for the incident.

So how do you choose a personal injury attorney to represent you? Well, first off select a few from your local area to interview over the telephone. Ask each how many personal injury cases they have tried in front of a jury, the type of experts they have had to hire for clients, whether they have handled cases similar to yours and what results did they achieve, whether they willing to advance the expense of the litigation and what percentage of their income is derived from personal injury cases. Answers to these questions should help you to make a good choice of attorney from your selection.

About The Author
Ian Walker writes for http://www.sflorida-personalinjuryattorney.com.

A Quick Guide to Lawyers  
What Different Specialists Do and Why You Need Them
By Marcela Devivo  ^^ BACK TO THE TOP OF THE PAGE ^^

Lawyers specialize in a large number of fields from personal injury and criminal law to immigration, business and finances. But what do these lawyers actually do? There is a wealth of misinformation available to the average consumer, and you may be confused where to start looking.

Finding a good lawyer is essential, but if that lawyer doesn't specialize in the specific area in which you need them, it doesn't put you in the best situation. You don't want to hire a lawyer who specializes in divorce to help you with a personal injury suit, and vice versa. Thus it's imperative that you find not only a good lawyer, but one who really knows specific information about your problem. Here is a brief overview of some of the most popular types of lawyers and what they do:

Criminal Lawyers
A criminal lawyer is the highest profile lawyer for good reason. Criminal lawyers handle statutory and common law crimes and the punishment of criminal offences. They deal with every aspect of criminal law, with the state defender, or prosecutor, defending the state's interest and the defense attorney representing the defender. They defend against and prosecute crimes against the person (assault, murder, rape, etc.), crimes against property (arson, theft, larceny etc.), crimes against justice (bribery, perjury etc.) and other myriad lesser criminal offenses.

Divorce Lawyers
Divorce lawyers focus on any and all matters concerning divorce. This applies to any proceedings, including prenuptial agreements, division of property, alimony or spousal payments, child support, and more. Most individuals going through a divorce generally hire a divorce lawyer to take care of all legal matters. Much of the time a good divorce lawyer can make all the difference in how messy or clean your divorce becomes.

Accident Lawyers or Personal Injury Lawyers
Accident lawyers, also known as personal injury lawyers, specialize in legal claims relating to auto accidents and vehicle claims, dangerous or defective products, medical and health care malpractice, workplace injuries (worker's compensation), wrongful death, and a slew of other accidental incidents that warrant legal procedures.

Immigration Lawyers
Immigration lawyers handle any matters pertaining to immigration, including citizenship and naturalization proceedings, permanent residence, green cards, work visas, asylum, deportation hearings, family-based immigration waivers, and any other legal issues surrounding immigrants to the US.

Financial and Business Lawyers
Financial lawyers deal with a wide range of business and personal investments, savings products and services. These include mortgages, banking, brokerage services, commodities, claims, mutual funds, stocks and bonds, and other securities. They are in charge of taking care of all legal requirements and formalities surrounding any financial issue. They are also helpful for starting and operating businesses, including: LLCs, corporations, and partnerships.

About The Author
Marcela De Vivo writes on behalf of http://myabogado.com, a directory specializing in law related resources.

How to Talk to the Police if Your Suspected of a Crime
By Susan Chana Lask, Esq.  ^^ BACK TO THE TOP OF THE PAGE ^^

If you’re suspected of a crime, the police can come to your house or work or find you on the street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card from the detective under your door, or a message on your phone from him asking you to call.

You always have the right to remain silent, as anything you say to a police detective will be used against you in court. You also have the right to be represented by an attorney when talking with the police.

Just because a detective comes around looking for you doesn’t mean you have to speak to him or see him at the police precinct. If the detective is at your door, you don’t have to open it for him unless he has a warrant. If a detective is knocking at your door, you don’t have to answer. You can wait until he leaves if you want and then of course call your attorney.

Usually, a detective will hound you to come into the precinct headquarters to "talk". But once you set foot into the precinct, the detective will have you at his mercy, where he can use different routines - such as "good cop/bad cop" - or violate your rights just enough to be "legal" to get you to talk. Maybe he’ll take your backpack from you or other property you came in with like your cell phone, then direct you to wait for him, leaving you alone in a room for what could feel like a lifetime. He may even ask you to write your version of the story down and then use that against you later.

The police are experts trained in gaining your trust and confidence. They know what to say and what tone to use with you. They will lie and misinform you to get information they want. They can tell you they have witnesses when they do not or say they will lower the charges when they will not. The police most likely will not read you your rights because they want to create an informal, relaxed appearance so you will spill the beans voluntarily.

Good Cop, Bad Cop
If you’re not talking then detectives may use the "good cop/bad cop" routine. The first cop sits alone with you in a small room and talks about the "crime". If he’s not getting the information he wants to hear to nail you, then you may find yourself standing at the fingerprint machine with another more sensitive cop. Once you’re at the fingerprint machine you can be sure you’re being charged despite the fact that no one explained anything to you, read you your rights or told you what you’re being charged with. Part of the game is to keep you disoriented and guessing your situation. If you hear the new cop say "just tell the detective what he wants to hear and you’ll get out of here faster on a lesser charge” then you are being "played" and you definitely need to keep quiet. Don't say something just because you think it will get you out faster, because you're already in there and you're going to go through the arrest process no matter what.

When the police tell you the consequences of a crime they intend to charge you with, or that they can lower the charge, don’t believe anything they say. They can and will lie to you to get you to talk so they can make an arrest. The police are not your attorney, they are not your friends-- they are there to make an arrest.

The only way to protect yourself is to remain silent at all times. Enforce your right by consistently and politely stating "I am remaining silent until I have counsel." The police can not interrogate you once you invoke that right, although they will try to interrogate you. They also can’t interrogate you unless they first read you your rights.

When you arrive at the police precinct , the police should have you sign a paper with your legal rights listed on it. They should have you read your rights while they read it to you, and then have you initial each right and sign the paper at the bottom with the time and date. This paper is a good thing for the police to prove they followed procedure and it will coordinate the time of your arrest closely with the time of reading your rights. It is not mandatory that they give you this paper with your rights, because they can by law verbally read you your rights and note in their notebook the time they read you your rights. Of course, they could never read you your rights and later say they did.

Hiring An Attorney
If a detective is hounding you with phone messages and coming by your house leaving cards with your roommate or family, immediately get an attorney. An attorney can determine if the police are going to arrest you. If you are going to be arrested then your attorney will advise you what to do (and what to say or not say), explain the arrest process, arrange for you to turn yourself in and get you through the process quicker. Also, the police will know they can’t interrogate you if you’re represented by counsel.

A good attorney will fax a letter of representation to the precinct and follow you through the arrest process by calling the proper offices and getting you to arraignment and out quicker. Your attorney should also fax a notice of appearance on your behalf to the Arraignment Clerk’s Office the minute he or she discovers you’ve been “docketed” by the District Attorney’s office (meaning they’ve drafted and filed a Criminal Complaint against you and assigned a docket number to your case so it can be heard by the court).

If you do not voluntarily turn yourself in then the police will remember you made it harder for them to arrest you and they may purposely delay your arrest process and make you sit for three days in jail before you see a judge. They’ll delay filling out your paperwork and sending it to the proper offices. They may even lose your paperwork.

The last thing you want to do is spend a minute longer being arrested and in jail so here's a valuable tip: don’t turn yourself in or get arrested at night or on a weekend because there are less people working those shifts and the courts close certain hours, so the process can take three days or sometimes longer.

About The Author
Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title "High-Powered" New York attorney. Her website is www.appellate-brief.com  and her personal e-mail is sue@aol.com

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