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	<title>The Law Offices of Charles A. Gilman LLC</title>
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	<link>http://cgilmanlaw.com</link>
	<description>Personal Injury Lawyer - MD, PA, DC</description>
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		<title>Personal Injury Claims vs. Personal Injury Lawsuits</title>
		<link>http://cgilmanlaw.com/tips/personal-injury-claims-vs-personal-injury-lawsuits/</link>
		<comments>http://cgilmanlaw.com/tips/personal-injury-claims-vs-personal-injury-lawsuits/#comments</comments>
		<pubDate>Thu, 24 Nov 2011 19:15:21 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://cgilmanlaw.com/wordpress/?p=1011</guid>
		<description><![CDATA[Many people don’t know the difference between a personal injury claim and a personal injury lawsuit. As such, there’s much confusion about when to bring a lawyer into the process. In many people’s minds, you don’t need a lawyer until &#8230; <a href="http://cgilmanlaw.com/tips/personal-injury-claims-vs-personal-injury-lawsuits/">Continue reading <span class="meta-nav">&#8594;</span></a>


Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/why-personal-injury-lawsuits-arent-quick-cash/' rel='bookmark' title='Permanent Link: Why Personal Injury Lawsuits Aren&#8217;t Quick Cash'>Why Personal Injury Lawsuits Aren&#8217;t Quick Cash</a> <small>A lot of people seem to think a personal injury...</small></li>
<li><a href='http://cgilmanlaw.com/tips/how-to-work-with-your-personal-injury-lawyer/' rel='bookmark' title='Permanent Link: How to Work with Your Personal Injury Lawyer'>How to Work with Your Personal Injury Lawyer</a> <small>Most people don’t think about working with lawyers until something...</small></li>
<li><a href='http://cgilmanlaw.com/uncategorized/personal-injury-claims-against-drunk-drivers/' rel='bookmark' title='Permanent Link: Personal Injury Claims Against Drunk Drivers'>Personal Injury Claims Against Drunk Drivers</a> <small>After an accident involving a drunk driver, many injured parties...</small></li>
</ol>]]></description>
			<content:encoded><![CDATA[<p>Many people don’t know the difference between a personal injury claim and a personal injury lawsuit. As such, there’s much confusion about when to bring a lawyer into the process. In many people’s minds, you don’t need a lawyer until you decide to file a lawsuit, but as is often the case with legal matters, it’s not that simple.</p>
<p><strong>Personal Injury Claim</strong></p>
<p>The claim is the first step in the process. A claim isn’t filed with the court, it’s filed with the insurance company (either theirs or yours, depending on the situation). Seems simple enough. So simple, in fact, that a lot of people handle this process themselves. In some cases, that’s not a problem, but in many cases, you should actually consult a personal injury lawyer <em>before</em> you file the claim.</p>
<p>Dealing with insurance companies can be a bit tricky. They have dozens of lawyers (and an insurance adjuster who’ll be assigned to your case) who’s goal is to find a legal reason to deny your claim. Any misstep in the claims or documentation process could cost you dearly.</p>
<p>Given that most personal injury lawyers give free consultations, there’s no reason you should start the process on your own until you’ve consulted someone. In fact, sometimes, the mere presence of a lawyer helps to show you’re willing to go to court, which may make the negotiations go more smoothly. And since most of the lawyer’s pay comes out of the damages you’re awarded, the out-of-pocket expense for you should be negligible (if anything at all).</p>
<p><strong>Personal Injury Lawsuits</strong></p>
<p>A lawsuit is what happens when the negotiations after the claim don’t end in a settlement. The lawsuit gets filed with the court. You should always have a lawyer handle the process at this point. Hopefully, if you handled the claims and negotiations yourself, nothing happened to make his or her job harder. Even if it did, part of a lawyer’s job is to minimize damage.</p>
<p>A lot of times, lawyers file suits to put a deadline on the negotiation process (another good reason to get them involved before you file the claim). Filing suit still doesn’t mean you necessarily have to go to court (though you should know that it’s a possibility).</p>
<p><strong>How to Know When to Call a Lawyer</strong></p>
<p>The ultimate decision is your own. However, we recommend getting them involved as early as possible. If you’d like a free consultation with Charles A. Gilman LLC, call  866.676.7374. There’s no cost and no obligation when you call us. But not calling a lawyer could cost you a lot.</p>
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<p>Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/why-personal-injury-lawsuits-arent-quick-cash/' rel='bookmark' title='Permanent Link: Why Personal Injury Lawsuits Aren&#8217;t Quick Cash'>Why Personal Injury Lawsuits Aren&#8217;t Quick Cash</a> <small>A lot of people seem to think a personal injury...</small></li>
<li><a href='http://cgilmanlaw.com/tips/how-to-work-with-your-personal-injury-lawyer/' rel='bookmark' title='Permanent Link: How to Work with Your Personal Injury Lawyer'>How to Work with Your Personal Injury Lawyer</a> <small>Most people don’t think about working with lawyers until something...</small></li>
<li><a href='http://cgilmanlaw.com/uncategorized/personal-injury-claims-against-drunk-drivers/' rel='bookmark' title='Permanent Link: Personal Injury Claims Against Drunk Drivers'>Personal Injury Claims Against Drunk Drivers</a> <small>After an accident involving a drunk driver, many injured parties...</small></li>
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		<title>Good Samaritan Laws</title>
		<link>http://cgilmanlaw.com/tips/good-samaritan-laws/</link>
		<comments>http://cgilmanlaw.com/tips/good-samaritan-laws/#comments</comments>
		<pubDate>Thu, 17 Nov 2011 19:10:34 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://cgilmanlaw.com/wordpress/?p=1009</guid>
		<description><![CDATA[These days, it seems like running to the rescue could make you the villain instead of the hero. Save a life by giving CPR… get sued for breaking their ribs. Is it worth it? That’s why most states (most countries, &#8230; <a href="http://cgilmanlaw.com/tips/good-samaritan-laws/">Continue reading <span class="meta-nav">&#8594;</span></a>


Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/personal-injury-law-definitions-negligence/' rel='bookmark' title='Permanent Link: Personal Injury Law Definitions: Negligence'>Personal Injury Law Definitions: Negligence</a> <small>&#8220;Negligence&#8221; is a common aspect of most personal injury cases....</small></li>
</ol>]]></description>
			<content:encoded><![CDATA[<p>These days, it seems like running to the rescue could make you the villain instead of the hero. Save a life by giving CPR… get sued for breaking their ribs. Is it worth it? That’s why most states (most countries, actually) have laws commonly known as “Good Samaritan Laws.” These laws are in place to prevent a bystanders’ hesitation to give aid in an emergency situation. They’re also in place to give accident victims who’s injuries are made worse by a reckless rescuer the right to compensation.</p>
<p>These laws can be complicated, though, and do vary by state. In general, a “Good Samaritan” is someone who doesn’t have a prior caregiver (parent, doctor, nurse) relationship with the person who was injured. They also can’t be the person who was responsible for the injury. Additionally, they can’t be monetarily compensated for their first aid. In some states, this may give medical professionals protection under Good Samaritan Laws when they aren’t performing rescue duties as part of their employment.</p>
<p>Since Good Samaritan Laws do vary by state, if you’re involved in a personal injury case involving someone who may have protection under Good Samaritan Laws, you should consult a personal injury lawyer. Either way, there are four main components of any state’s Good Samaritan Laws.</p>
<p><strong>Imminent Peril</strong></p>
<p>New York’s laws give immunity for those who assist in an emergency. It’s not usually that simple, though. Some states require that the injured party be in “imminent peril” in order for the rescuer to receive immunity. By “imminent peril,” they usually mean that the victim will probably die if someone doesn’t offer aid. Otherwise, the rescuer could be considered reckless.</p>
<p>For example, if someone witnesses a car accident and there’s no threat of another collision, a fire, etc., and a bystander pulls them from the car, during which they suffer paralysis, the bystander isn’t protected by Good Samaritan Laws. If the car’s engine catches on fire and the blaze moves toward the cab and the same thing happens, the bystander is probably protected by Good Samaritan Laws.</p>
<p><strong>Consent</strong></p>
<p>You can’t be protected under Good Samaritan Laws if the victim (or their parent or guardian in the case of a minor) declines aid. But if the victim is unconscious, intoxicated, delusional or in any way deemed mentally unfit, consent may be considered “implied.” This could also be the case if the victim is a minor and a parent or guardian isn’t immediately present.</p>
<p><strong>First-Responders</strong></p>
<p>Some states only give Good Samaritan protection to those who have basic first-aid training and / or who are certified by recognized health organizations (so long as they act within the scope of their training). This may apply to EMTs or paramedics in some states, though it’s important to realize that having formal medical training (especially a medical license) may affect a person’s protection under the Good Samaritan Laws.</p>
<p><strong>Duty to Rescue</strong></p>
<p>In the U.S., Good Samaritan Laws don’t imply you have a “duty to rescue.” Some states (i.e., Vermont and Minnesota) have a provision that requires you to offer reasonable assistance. That doesn’t mean you have a duty to attempt medical treatment. It may be as simple as the duty to call 9-1-1.</p>
<p><strong>Good Samaritan Gone Wrong?</strong></p>
<p>If you’ve been the victim of an overzealous good Samaritan, call our 24-hour hotline at 866.676.7374. We’ll help you through the difficult decision of whether to sue someone who attempted to help you.</p>
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<p>Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/personal-injury-law-definitions-negligence/' rel='bookmark' title='Permanent Link: Personal Injury Law Definitions: Negligence'>Personal Injury Law Definitions: Negligence</a> <small>&#8220;Negligence&#8221; is a common aspect of most personal injury cases....</small></li>
</ol></p>]]></content:encoded>
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		<title>Who Can File a Personal Injury Lawsuit?</title>
		<link>http://cgilmanlaw.com/tips/who-can-file-a-personal-injury-lawsuit/</link>
		<comments>http://cgilmanlaw.com/tips/who-can-file-a-personal-injury-lawsuit/#comments</comments>
		<pubDate>Thu, 03 Nov 2011 19:05:00 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://cgilmanlaw.com/wordpress/?p=1007</guid>
		<description><![CDATA[If you’ve been injured in an accident, you may be wondering whether you can file a personal injury lawsuit against the person at fault. That depends on a number of factors. The best way to find out whether you can &#8230; <a href="http://cgilmanlaw.com/tips/who-can-file-a-personal-injury-lawsuit/">Continue reading <span class="meta-nav">&#8594;</span></a>


Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/personal-injury-claims-vs-personal-injury-lawsuits/' rel='bookmark' title='Permanent Link: Personal Injury Claims vs. Personal Injury Lawsuits'>Personal Injury Claims vs. Personal Injury Lawsuits</a> <small>Many people don’t know the difference between a personal injury...</small></li>
<li><a href='http://cgilmanlaw.com/uncategorized/personal-injury-claims-against-drunk-drivers/' rel='bookmark' title='Permanent Link: Personal Injury Claims Against Drunk Drivers'>Personal Injury Claims Against Drunk Drivers</a> <small>After an accident involving a drunk driver, many injured parties...</small></li>
<li><a href='http://cgilmanlaw.com/tips/why-personal-injury-lawsuits-arent-quick-cash/' rel='bookmark' title='Permanent Link: Why Personal Injury Lawsuits Aren&#8217;t Quick Cash'>Why Personal Injury Lawsuits Aren&#8217;t Quick Cash</a> <small>A lot of people seem to think a personal injury...</small></li>
</ol>]]></description>
			<content:encoded><![CDATA[<p>If you’ve been injured in an accident, you may be wondering whether you can file a personal injury lawsuit against the person at fault. That depends on a number of factors. The best way to find out whether you can and should file a claim is to consult a personal injury lawyer. But there are a few rules of thumb everyone should know.</p>
<p><strong>You’re on the Clock</strong></p>
<p>Every state has a statute of limitations, which is the maximum amount of time someone can be held accountable for their actions (these exist for criminal law, too). In some states, the statute of limitations is as little as 30 days. In others, it may be several years. Either way, you should file suit as soon as possible after the accident occurs. Not only will the court take the claim more seriously, but witness’ memories may be more accurate, as well.</p>
<p><strong>You Must Have a Valid Claim</strong></p>
<p>To file a lawsuit, you must have a valid claim. Having a valid claim means that your claim can be settled in court and that it isn’t based on fraud and isn’t frivolous. You must also be able to establish that the person you’re suing is liable (through negligence or breach of duty) for the injuries you sustained.</p>
<p>If someone opens your unopened, autographed limited-edition Wesley Krusher action figure, you can sue for the monetary loss you sustained. You can’t expect the judge to subpoena actor Wil Wheaton to appear in court at the defendant’s expense to sign another action figure the defendant purchased. You also can’t file a claim against another driver you had an accident with if your case is based on a neck injury you sustained lifting your couch at home.</p>
<p><strong>You Must Have a Legal Claim</strong></p>
<p>If you want to sue someone for your personal injury, you have to have a legal claim. That means you’ve sustained an actual injury. If you injure yourself when you slip and fall on a puddle in a business’ lobby, you have a legal claim. If walking around that puddle caused you to miss the elevator and you didn’t have time to straighten your tie before a meeting, you don’t have a legal claim.</p>
<p><strong>Were You the Victim of a Crime?</strong></p>
<p>Some criminal acts are also considered civil wrongdoings, and you can sue the perpetrators of those crimes in a separate civil proceeding (even if they were found “not guilty” in the criminal case). For example, if you’re injured by a mugger, he may be charged with several crimes, including assault and battery. You can sue the mugger in civil court for monetary damages, as well.</p>
<p><strong>There’s More to It Than That</strong></p>
<p>Unfortunately, many things affect not only your ability to sue, but whether or not you should. We couldn’t possibly cover them all in a single blog, but we do offer a free consultation to help you decide. Don’t try to determine whether you have a claim by yourself. Call Charles A. Gilman LLC at 866.676.7374 and let a personal injury lawyer help you work through your options.</p>
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<p>Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/personal-injury-claims-vs-personal-injury-lawsuits/' rel='bookmark' title='Permanent Link: Personal Injury Claims vs. Personal Injury Lawsuits'>Personal Injury Claims vs. Personal Injury Lawsuits</a> <small>Many people don’t know the difference between a personal injury...</small></li>
<li><a href='http://cgilmanlaw.com/uncategorized/personal-injury-claims-against-drunk-drivers/' rel='bookmark' title='Permanent Link: Personal Injury Claims Against Drunk Drivers'>Personal Injury Claims Against Drunk Drivers</a> <small>After an accident involving a drunk driver, many injured parties...</small></li>
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		<title>How to Work with Your Personal Injury Lawyer</title>
		<link>http://cgilmanlaw.com/tips/how-to-work-with-your-personal-injury-lawyer/</link>
		<comments>http://cgilmanlaw.com/tips/how-to-work-with-your-personal-injury-lawyer/#comments</comments>
		<pubDate>Thu, 29 Sep 2011 18:44:00 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://www.cgilmanlaw.com/?p=935</guid>
		<description><![CDATA[Most people don’t think about working with lawyers until something happens. If you’ve been injured in an accident, you probably have a lot of questions about what it will be like. First, you should know that these cases can potentially &#8230; <a href="http://cgilmanlaw.com/tips/how-to-work-with-your-personal-injury-lawyer/">Continue reading <span class="meta-nav">&#8594;</span></a>


Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/why-do-personal-injury-lawyers-work-on-contingency/' rel='bookmark' title='Permanent Link: Why Do Personal Injury Lawyers Work on Contingency?'>Why Do Personal Injury Lawyers Work on Contingency?</a> <small>In the United States, most personal injury lawyers work on...</small></li>
<li><a href='http://cgilmanlaw.com/tips/how-to-hire-a-personal-injury-lawyer/' rel='bookmark' title='Permanent Link: How to Hire a Personal Injury Lawyer'>How to Hire a Personal Injury Lawyer</a> <small>You may not need a personal injury lawyer right now...</small></li>
<li><a href='http://cgilmanlaw.com/tips/why-personal-injury-lawsuits-arent-quick-cash/' rel='bookmark' title='Permanent Link: Why Personal Injury Lawsuits Aren&#8217;t Quick Cash'>Why Personal Injury Lawsuits Aren&#8217;t Quick Cash</a> <small>A lot of people seem to think a personal injury...</small></li>
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			<content:encoded><![CDATA[<p>Most people don’t think about working with lawyers until something happens. If you’ve been injured in an accident, you probably have a lot of questions about what it will be like. First, you should know that these cases can potentially take years. Other than that, you need to know the best ways to help your lawyer do the best work he or she can for you.</p>
<p><strong>The Initial Consultation </strong></p>
<p>Most personal injury lawyers give an initial free consultation. During the first consultation, we’ll need to know more about your case. We’ll ask you questions, some of which may be pretty personal. It’s important to tell us the truth. If you lie to us or obfuscate the truth at any time during the course of the case, it could come back to haunt you in court.</p>
<p><strong>Pre-Trial Process</strong></p>
<p>Your lawyer will now take some time to do research, file the necessary paperwork and await contact from the defense attorney. During this time, we may contact you or request follow-up meetings to get more information about the accident or the documentation. It’s important to get us the information we need promptly and to attend any meetings you schedule.</p>
<p>The process varies slightly depending on your specific case. But in general, this is when both attorneys get the facts in order and determine how they will proceed. We’ll tell you how we think you should handle the case and need your honest feedback. If you aren’t comfortable with the advice we’re giving, tell us immediately. Tell us why so we can come up with a solution.</p>
<p>We (you and your attorney) may have meetings with the defense in an attempt to reach a settlement. There will be depositions and motions will be filed on either side to introduce or exclude evidence.  During this time, we may also advise you about how to interact with the defense, what to say to the insurance companies or even <a title="what not to post on social media sites" href="http://www.cgilmanlaw.com/tips/the-dangers-of-talking-about-your-lawsuit-on-social-networks/">what (not) to post on social media sites</a>. To help ensure your case has the best outcome possible, take the advice seriously and know that there could be consequences if you choose not to follow it.</p>
<p>This can be a very long and tedious process and it’s important to know that just because things seem to be moving slowly doesn’t mean your personal injury lawyer isn’t working on it. These things take time.</p>
<p><strong>Going to Trial</strong></p>
<p>If a settlement can’t be reached, you’ll have to go to trial. Your attorney will prepare you for your testimony and <a title="preparing for cross" href="http://cgilmanlaw.com/blog/tips/preparing-for-cross-examination">cross-examination</a> by the defense attorney. Once you get on the stand, we have to follow proper court procedure, we can’t answer for you, and we can’t stop the defense from asking questions just because you’re uncomfortable.</p>
<p>Because of this, it’s a good idea to make sure you feel prepared for what will happen once the trial starts. Ask lot’s of questions and if you aren’t sure about something, ask your attorney before the trial begins. If you’re nervous about testifying or cross, now is the time to tell us.</p>
<p><strong>How Do I Know I Can Work with My Personal Injury Lawyer?</strong></p>
<p>Ask a lot of questions during the pre-trial consultation. The more you find out then, the more you’ll know about whether it’s a good fit.</p>
<p>If you need a personal injury lawyer or if you don’t like working with the one you have, call Charles A. Gilman LLC at 866.676.7374 for a free consultation.</p>
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<p>Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/why-do-personal-injury-lawyers-work-on-contingency/' rel='bookmark' title='Permanent Link: Why Do Personal Injury Lawyers Work on Contingency?'>Why Do Personal Injury Lawyers Work on Contingency?</a> <small>In the United States, most personal injury lawyers work on...</small></li>
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		<title>Preparing for Cross-Examination</title>
		<link>http://cgilmanlaw.com/tips/preparing-for-cross-examination/</link>
		<comments>http://cgilmanlaw.com/tips/preparing-for-cross-examination/#comments</comments>
		<pubDate>Wed, 21 Sep 2011 18:32:01 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://www.cgilmanlaw.com/?p=933</guid>
		<description><![CDATA[If your personal injury case goes to trial, the defendant’s lawyer has the right to cross-examine you. During this cross-examination (often just called “cross”), the defendant’s lawyer will ask you questions that challenge your version of events in an attempt &#8230; <a href="http://cgilmanlaw.com/tips/preparing-for-cross-examination/">Continue reading <span class="meta-nav">&#8594;</span></a>


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			<content:encoded><![CDATA[<p>If your personal injury case goes to trial, the defendant’s lawyer has the right to cross-examine you. During this cross-examination (often just called “cross”), the defendant’s lawyer will ask you questions that challenge your version of events in an attempt to make it appear as though the defendant’s version of events is more accurate.</p>
<p>It’s important that you’re prepared for these questions. Some of them will force you to admit unfortunate truths, some are designed to call your credibility into question, and still others may be designed to confuse you. This can be one of the most uncomfortable parts of the trial. Much like in a <a title="tips for a deposition" href="http://www.cgilmanlaw.com/tips/preparing-for-a-deposition/">deposition</a>, preparation is key. Follow these tips for a successful cross-examination.</p>
<p><strong>Be Careful What You Say</strong></p>
<p>Always tell the truth, even when it isn’t as flattering as you’d like. If you ran the stop light two blocks before the accident, say so. They may have you on camera.</p>
<p>But just because you should tell the truth doesn’t mean you should spill your guts. Answer only the question you’re asked. Don’t volunteer information. Not only may the extraneous information be irrelevant and make you look unnecessarily nervous (which some jurors may take to mean you aren’t being honest), it could be used against you. It may be the truth, but it’s the defendant’s attorney’s job to ask the question if they want the answer.</p>
<p><strong>Keep Your Emotions in Check</strong></p>
<p>During cross, some defense attorneys may be somewhat harsh (if not downright hostile). They may throw questions at you quickly, or ask questions that insult your credibility or intelligence. Remain calm and don’t let them get to you. It’s just a ploy. If you’re telling the truth, you have nothing to worry about. Just remember, if they get too out of control, your attorney will object, but in some cases, they may wait to give the defense council the opportunity to alienate the jury.</p>
<p><strong>Think Before You Speak</strong></p>
<p>After you hear a question, take a few seconds to process it. If you aren’t sure you understood it, ask the attorney to clarify. Once you understand it, answer carefully and honestly.</p>
<p>While we’re on the subject of honesty, don’t qualify your answers with words like “honestly,” as the opposing counsel may accuse you of lying during answers during which you didn’t use that qualifier. Never say never (or always). There are exceptions to every rule and the defense attorney may pounce on those.</p>
<p><strong>Follow Your Personal Injury Lawyer’s Lead</strong></p>
<p>Your attorney will probably prepare you for cross-examination. Telling you exactly what to say (especially when it’s not the truth) is, of course, illegal, but they can make sure you’re comfortable with the process. If you don’t feel prepared enough, ask for more help.</p>
<p>Also, if you’re on the stand and your attorney rises, that’s a good cue to stop talking. He or she is probably about to object to the question you’ve been asked. If the judge sustains the objection, you won’t have to answer it unless the judge allows the defense to rephrase. However, if s/he overrules the objection, it’s now safe to continue (but that does mean you should be especially careful how you phrase your answer and even more vigilant against giving additional information).</p>
<p><strong>Trust is Key</strong></p>
<p>Cross is probably the most important time to trust in your attorney – trust that they’ve prepared you, trust that they’ll protect you when necessary, and trust that they’ve been up front about all the details and possible downfalls of your case.</p>
<p>If you need a personal injury lawyer you can trust, contact the law offices of Charles A. Gilman LLC at 866.676.7374. We’re so confident we’re the people you can put your faith in, you get a free consultation to help you decide.</p>
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<p>Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/how-to-work-with-your-personal-injury-lawyer/' rel='bookmark' title='Permanent Link: How to Work with Your Personal Injury Lawyer'>How to Work with Your Personal Injury Lawyer</a> <small>Most people don’t think about working with lawyers until something...</small></li>
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		<title>Why Representing Yourself in a Personal Injury Claim is a Bad Idea</title>
		<link>http://cgilmanlaw.com/tips/why-representing-yourself-in-a-personal-injury-claim-is-a-bad-idea/</link>
		<comments>http://cgilmanlaw.com/tips/why-representing-yourself-in-a-personal-injury-claim-is-a-bad-idea/#comments</comments>
		<pubDate>Sat, 17 Sep 2011 18:29:16 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://www.cgilmanlaw.com/?p=930</guid>
		<description><![CDATA[If you’re injured and decide to file suit, it can be tempting to handle the case yourself, especially if it’s a small matter or if it seems simple. After all, that way, you don’t hand over any portion of your &#8230; <a href="http://cgilmanlaw.com/tips/why-representing-yourself-in-a-personal-injury-claim-is-a-bad-idea/">Continue reading <span class="meta-nav">&#8594;</span></a>


Related posts:<ol><li><a href='http://cgilmanlaw.com/tips/personal-injury-claims-vs-personal-injury-lawsuits/' rel='bookmark' title='Permanent Link: Personal Injury Claims vs. Personal Injury Lawsuits'>Personal Injury Claims vs. Personal Injury Lawsuits</a> <small>Many people don’t know the difference between a personal injury...</small></li>
<li><a href='http://cgilmanlaw.com/uncategorized/personal-injury-claims-against-drunk-drivers/' rel='bookmark' title='Permanent Link: Personal Injury Claims Against Drunk Drivers'>Personal Injury Claims Against Drunk Drivers</a> <small>After an accident involving a drunk driver, many injured parties...</small></li>
<li><a href='http://cgilmanlaw.com/tips/why-personal-injury-lawsuits-arent-quick-cash/' rel='bookmark' title='Permanent Link: Why Personal Injury Lawsuits Aren&#8217;t Quick Cash'>Why Personal Injury Lawsuits Aren&#8217;t Quick Cash</a> <small>A lot of people seem to think a personal injury...</small></li>
</ol>]]></description>
			<content:encoded><![CDATA[<p>If you’re injured and decide to file suit, it can be tempting to handle the case yourself, especially if it’s a small matter or if it seems simple. After all, that way, you don’t hand over any portion of your settlement to a personal injury lawyer. In some cases, that may be an acceptable alternative, but we encourage you to think carefully before you make that very important decision. In most cases, a personal injury lawyer is worth every penny.</p>
<p><strong>Understanding the Law</strong></p>
<p>No matter how simple your case may seem, there are many, often subtle, nuances (and sometimes seeming conflicts) in the law. A seasoned personal injury lawyer is familiar with how those nuances play into a multitude of cases. Not only that, but they also may be aware of the little things that can turn even the simplest personal injury case upside-down.</p>
<p>The one thing you should never do is represent yourself when the person you’re suing has hired an attorney. This is even more true when the defendant’s insurance company has to be involved. Insurance companies have teams of lawyers to protect them from having to pay out claims. No matter how right you may be, their job is to protect their client, not you.</p>
<p><strong>Negotiation</strong></p>
<p>A lot of personal injury suits can be settled without ever going to court. This is actually one of the most important parts of an attorney’s job.</p>
<p>Personal injury lawyers are familiar with “going rates” for various types of settlements. They’ll know when you’re being low-balled and when a settlement is so generous it may mean there’s more to the case than the facts you have now. They also know when and how to ask for more (and when it might be prudent to take less).</p>
<p>To an inexperienced negotiator, $25,000 may seem more than fair, especially if it covers your current medical bills. In fact, it sounds like a lot of money. But if most cases like yours are settled for $50,000, that means there’s something you may be failing to take into account (ongoing medical costs, for example). It also means you’d have gotten more money with a personal injury lawyer even after paying them.</p>
<p><strong>Past Cases</strong></p>
<p>It isn’t all about what the law says. Personal injury lawyers are also familiar with how similar cases in the past have been decided by judges and juries. They’ll know how that will play into the settlement offer and how it affects your decision to settle or go to court. While it’s possible to do this type of research yourself, it’s time-consuming and as someone who isn’t immersed in the minutia of the legal process every day, you also don’t necessarily know what to look for.</p>
<p><strong>Even Lawyers Get Lawyers</strong></p>
<p>Experienced lawyers may write their own contracts or powers of attorney, but they rarely represent themselves in court. Much like doctors see other doctors when they have anything more than a cold or flu, they know they know that it’s best to get someone else involved when they’re going up against an attorney who’s specialized in that field.</p>
<p><strong>How Do I Know When to Hire a Personal Injury Lawyer?</strong></p>
<p>We can’t really advise you under any circumstances not to hire a personal injury lawyer, but what we can say is that you should at least talk to one first. At Charles A. Gilman LLC, for example, we offer a free one-hour consultation. Before you make the final decision about representing yourself, we encourage you to take advantage of it. We think you’ll be glad you did.</p>
<p>If you’d like to talk to us about your personal injury case before representing yourself, you can call us any time, day or night, at 866.676.7374.</p>
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		<title>The Dangers of Texting While Driving</title>
		<link>http://cgilmanlaw.com/tips/the-dangers-of-texting-while-driving/</link>
		<comments>http://cgilmanlaw.com/tips/the-dangers-of-texting-while-driving/#comments</comments>
		<pubDate>Sat, 27 Aug 2011 14:32:12 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://www.cgilmanlaw.com/?p=908</guid>
		<description><![CDATA[Most of the posts on this blog give you vital information you need to make an informed decision after you’ve been in an accident and need a personal injury lawyer. In this post, we’d like to discuss an increasingly important &#8230; <a href="http://cgilmanlaw.com/tips/the-dangers-of-texting-while-driving/">Continue reading <span class="meta-nav">&#8594;</span></a>


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</ol>]]></description>
			<content:encoded><![CDATA[<p>Most of the posts on this blog give you vital information you need to make an informed decision <em>after</em> you’ve been in an accident and need a personal injury lawyer. In this post, we’d like to discuss an increasingly important issue – texting while driving. Hopefully, the information in this post will convince you and your teens to avoid this highly dangerous activity.</p>
<p>According to the National Highway Traffic Safety Administration, distracted driving was responsible for 20 percent of  car accidents that resulted in injury in 2009. One of the most common distractions these days seems to be a smart phone.</p>
<p>You should never engage in any sort of distracting behavior while driving. But texting while driving is extra dangerous because of the additional concentration required to accurately hit those little keys. But we aren’t just talking about texting (using your cell’s data plan to send SMS messages) here. In the context of this article, we’re talking about any behavior that requires you to use your cell phone’s key pad to type a message – emailing, tweeting, Facebook-ing, etc.</p>
<p><strong>Texting, Driving &amp; the Law</strong></p>
<p>As of now, there’s no national law prohibiting texting while driving. But you should be aware that some states (and even some municipalities) have banned the practice. The fines for this are often steep and the courts in many no-tolerance locations are unlikely to show compassion based on your circumstances (at the end of the day, you could have pulled over).</p>
<p><strong>Legal or Not – Just Don’t Do It!</strong></p>
<p>Maybe texting while driving isn’t illegal where you live. That doesn’t make it a good idea. Much like a drunk driver, thousands of people every day make the decision to take out their cell phones while they’re at the wheel of a moving car because “they can handle it.”</p>
<p>No, you can’t. Just because you haven’t been in an accident, yet, doesn’t mean it’s not coming. In a June 2009 study by <em>Car &amp; Driver</em>, researchers found that reaction time and stopping distances for drivers who were reading a text message increased by an average of 36 feet. Those who are actively texting increased by nearly twice that – 70 feet.</p>
<p>Compare that to the average increase in reaction time for drunk drivers, which is only four additional feet. That means texting while driving is 17 times more dangerous than driving while intoxicated!</p>
<p><strong>Tips for Staying Safe</strong></p>
<ul>
<li>Unless you just get stuck in unexpected traffic, you usually know when you leave that you might be late. Call or text ahead before you leave your house.</li>
</ul>
<ul>
<li>Give yourself an extra 15 minutes or so (depending on the area you live in) to arrive at any destination. That way, if there’s traffic, you won’t be tempted to text ahead.</li>
</ul>
<ul>
<li>Teach your teens to keep their cell phones in the glovebox or in another place in their car that’s out of reach while driving (or even turn them on vibrate). Tell them they’re never to answer them or read or write a text while driving. Lead by example.</li>
</ul>
<ul>
<li>Just pull over. If you just have to answer that important text, find a safe spot to park while you’re doing it. Remember, there’s no text or call you could get that’s more important than your life and the lives of those you may injure if you’re distracted and cause an accident.</li>
</ul>
<p>If you’ve already been injured in an accident that involved texting or any other distractions while driving, call the personal injury lawyers at Charles Gilman LLC at 866.676.7374 for a free consultation.</p>
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		<title>What You Should Know About Mediation</title>
		<link>http://cgilmanlaw.com/tips/what-you-should-know-about-mediation/</link>
		<comments>http://cgilmanlaw.com/tips/what-you-should-know-about-mediation/#comments</comments>
		<pubDate>Sat, 20 Aug 2011 14:25:24 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://www.cgilmanlaw.com/?p=906</guid>
		<description><![CDATA[In our last blog, we talked about arbitration. This week, we’ll discuss another form of alternative dispute resolution, mediation. As we pointed out previously, the main difference between mediation and arbitration is that mediation isn’t binding, whereas arbitration usually is. &#8230; <a href="http://cgilmanlaw.com/tips/what-you-should-know-about-mediation/">Continue reading <span class="meta-nav">&#8594;</span></a>


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			<content:encoded><![CDATA[<p>In our <a title="arbitration blog" href="http://www.cgilmanlaw.com/tips/what-you-should-know-about-arbitration/">last blog, we talked about arbitration</a>. This week, we’ll discuss another form of alternative dispute resolution, mediation. As we pointed out previously, the main difference between mediation and arbitration is that mediation isn’t binding, whereas arbitration usually is.</p>
<p>In mediation, a neutral third party (the mediator), helps the people in dispute negotiate their own fair settlement. They may at times make suggestions about potential fair agreements, but for the most part, they simply help you have an open dialogue with the other party. The goal is to help you reach a decision that both parties think is fair, unlike a court decision or arbitration, in which, often, neither party is completely happy with the outcome.</p>
<p>Many people mistakenly think that because the process is much more informal than a court proceeding, they don’t need a lawyer. This actually isn’t the case. While mediation doesn’t rely solely on the constructs of law (but is more interested in making sure both parties think the settlement is “fair”), an attorney is also an experienced negotiator and will advise you when the terms set forth may be less favorable than what he or she thinks you could get in a court of law so you can make an informed decision.</p>
<p><strong>Why Would I Want Mediation?</strong></p>
<p>Mediation happens on a specific schedule and structure. As such, even with the need to hire an attorney and pay your half of the mediator’s fees, the faster resolution and lack of court fees usually means less money out-of-pocket.</p>
<p>Another benefit of mediation is that it’s confidential. In most cases, mediators are prohibited from testifying in court against parties to their mediation, meaning you don’t have to worry about the negative impacts of the mediator’s testimony if the mediation fails and you have to go to court.</p>
<p>While your lawyer will continue to advise you of your legal rights, you aren’t bound by the decisions of the court or arbitrator (who are likely to prescribe remedies based on standing procedures for cases like yours). Because of that, it’s acceptable for one party to give up a right they would have under the law in order to gain another advantage they see as more favorable in their individual circumstances.</p>
<p>Once you’ve reached a decision, you’ll sign an agreement. These agreements are enforceable by the courts, but rarely need to be because both parties are happy with the results.</p>
<p><strong>Why Would I Choose the Courts, Then?</strong></p>
<p>A lot of people think mediation is the best solution because it’s inherently non-confrontational. Anyone who’s seen an episode of the TV show <em>Fairly Legal</em> knows that’s not necessarily the case. There are a couple of drawbacks to mediation that most mediators just can’t solve.</p>
<p>For instance, a mediator doesn’t usually have the resources to do a lot research looking for potentially hidden information. If the person you’re in mediation with is withholding information, mediation may fail or the final settlement may not be as fair as you think.</p>
<p>If mediation fails, you may have wasted money on the attempt and end up in court anyway. The mediator can’t make you come to an agreement. He or she can only help you reach one mutually.</p>
<p>The final drawback exists only for those who attempt to enter into mediation without legal representation. If one person is more passive than the other or if one person hires a lawyer and the other doesn’t, chances are pretty good someone will be bulldozed into a settlement they aren’t happy with, then become bound to it once they sign the agreement. The mediator can attempt to protect that individual, but they can only do so much. The final decisions you make in mediation are your responsibility.</p>
<p><strong>How Do I Know What to Do?</strong></p>
<p>Before you agree to mediation, call a qualified personal injury lawyer. At Charles A. Gilman LLC, we can evaluate your case and help you decide whether mediation might be right for you. If it is, we can be there every step of the way. If it isn’t, we can help ensure you get the settlement you deserve in court.</p>
<p>For a free consultation, call Charles A. Gilman LLC today at 866.676.7374.</p>
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		<title>What You Should Know About Arbitration</title>
		<link>http://cgilmanlaw.com/tips/what-you-should-know-about-arbitration/</link>
		<comments>http://cgilmanlaw.com/tips/what-you-should-know-about-arbitration/#comments</comments>
		<pubDate>Sun, 14 Aug 2011 17:25:05 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

		<guid isPermaLink="false">http://www.cgilmanlaw.com/?p=904</guid>
		<description><![CDATA[Arbitration is a type of alternative dispute resolution (ADR). Basically, it’s an alternative to settle a dispute outside of the court system. Many people confuse mediation and arbitration (or think they’re the same thing). While there are many similarities, the &#8230; <a href="http://cgilmanlaw.com/tips/what-you-should-know-about-arbitration/">Continue reading <span class="meta-nav">&#8594;</span></a>


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			<content:encoded><![CDATA[<p>Arbitration is a type of alternative dispute resolution (ADR). Basically, it’s an alternative to settle a dispute outside of the court system. Many people confuse mediation and arbitration (or think they’re the same thing). While there are many similarities, the main difference you need to know for now is that in mediation, even if the mediator suggests a solution, the parties aren’t bound to accept it.</p>
<p>The decision of the arbitrator, however, is typically binding on both parties. Arbitration is most common in commercial and employment disputes. For instance, the contract you sign with your car dealer or your employer may contain an arbitration clause. It may also be mandated by state law in some circumstances. However, you can also enter into arbitration voluntarily.</p>
<p>Much like a personal injury case that goes to court, you should have an attorney present. They’ll be able to protect your rights and advise you about proper procedures.</p>
<p><strong>Why Would I Want Arbitration?</strong></p>
<p>There are several advantages of arbitration over court proceedings. First and foremost, in the United States, arbitration awards are just as enforceable as court decisions.</p>
<p>Moreover, it’s sometimes faster, less expensive and more flexible than litigation. You can also often have an expert appointed to arbitrate (whereas in the court system you get the judge you’re given), which is a big help if the details of your case are highly technical (for instance, in a medical dispute).</p>
<p>Additionally, because of an agreement signed by the United Nations, arbitration settlements are usually easier to enforce internationally. A bi-lingual arbitrator can even be appointed to ensure neither party is affected by a language barrier, which isn’t always possible in the U.S. court system.</p>
<p><strong>Why Would Anyone Choose the Courts, Then?</strong></p>
<p>Arbitration is pretty complex. Just because you aren’t in a courtroom doesn’t mean there aren’t legal processes at work. Additionally, plaintiffs who hire less experienced attorneys (or worse, no attorney at all) may find themselves at odds with a powerful lawyer when dealing with a company or corporation with more financial resources.</p>
<p>Also, since there’s rarely an appeals process in arbitration and the decisions are usually binding, there’s no recourse if you believe the decision was unfair or if new information comes to light afterward.</p>
<p>Depending on the terms of the arbitration agreement or clause, it can actually get pretty pricey if you have to pay your attorney <em>and</em> the arbitrator; and if a group of arbitrators are appointed, it may take just as long as litigation trying to work around everyone’s schedules. While it usually isn’t the case, there are arbitration agreements that prevent you from seeking attorney fees as part of your damages.</p>
<p><strong>How Do I Know What to Do?</strong></p>
<p>Arbitration agreements and clauses are one of the many reasons you should <em>never</em> sign a contract without reading it first. If you don’t know arbitration is required, you could waste precious time and money launching a lawsuit you’ll have to drop when the opposing counsel points out the arbitration clause.</p>
<p>Either way, the first step you should take is to call an experienced law firm like Charles A. Gilman LLC for advice. We can help you decide whether arbitration is right for you (if it’s optional) and advise you on how best to proceed if it isn’t. We’ll also be with you every step of the way, so you’ll never be railroaded by someone who’s more experienced.</p>
<p>If you’re considering arbitration or if you’re bound to it by a contract you signed, call the law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.</p>
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		<title>The Fair Debt Collection Practices Act: What Consumers Need to Know</title>
		<link>http://cgilmanlaw.com/tips/the-fair-debt-collection-practices-act-what-consumers-need-to-know/</link>
		<comments>http://cgilmanlaw.com/tips/the-fair-debt-collection-practices-act-what-consumers-need-to-know/#comments</comments>
		<pubDate>Fri, 29 Jul 2011 15:30:15 +0000</pubDate>
		<dc:creator>hbarnett</dc:creator>
				<category><![CDATA[Tips]]></category>

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		<description><![CDATA[Consumer protection seems to have been the theme in Congress in recent years. They established the Consumer Financial Protection Bureau to take some of the burden of consumer protection from other agencies (like the FTC) through the Wall Street Reform &#8230; <a href="http://cgilmanlaw.com/tips/the-fair-debt-collection-practices-act-what-consumers-need-to-know/">Continue reading <span class="meta-nav">&#8594;</span></a>


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			<content:encoded><![CDATA[<p>Consumer protection seems to have been the theme in Congress in recent years. They established the Consumer Financial Protection Bureau to take some of the burden of consumer protection from other agencies (like the FTC) through the Wall Street Reform and Consumer Protection Act. They also enacted the Red Flags Rule, which requires creditors to confirm the identity of the people with whom they do business in a more concerted effort to curb identity theft. However, these weren’t the first steps taken by Congress to protect consumers from unscrupulous creditors.</p>
<p>In 1978, Congress added the Fair Debt Collection Practices Act (FDCPA) to the Consumer Financial Protection Act. The purpose of this legislation is pretty straightforward: “to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information’s accuracy.” (Source: Wikipedia)</p>
<p>The FDCPA is very specific about what creditors can and can’t do when attempting to collect on a debt, yet some creditors still engage in abusive and illegal practices. This may be the result of nefarious corporate policies at some debt-collection agencies or the result of over-zealous employees attempting to increase their collections numbers. In either case, the best way to protect yourself is to know what rules they’re supposed to follow.</p>
<p><strong>Requirements</strong></p>
<p>First, let’s look at what they’re required to do. They’re required by law to identify themselves as a debt collector in each and every communication, which is why the people you speak with have to give you that disclaimer each and every time you call or get transferred to a new person&#8230; as annoying as it is, cut them some slack. It’s the law, after all.</p>
<p>They’re also required to inform you that you have the right to dispute the debt (in full or in part). Once you do that, their’s a time-limit (30 days) on how long they have to respond and they’re required to notify the credit bureaus (Experian, Equifax, Transunion, etc.) that you’ve disputed it. They’re required to provide you with verification of the debt (whether in response to a request for verification or a dispute). They must also provide you with the name and address of the original creditor upon request.</p>
<p>In order to be covered by the typical 30-day response time, you must make the request formally in writing. While verbal requests may be accepted by some creditors, doing so may affect your other rights and their responsibilities to you (in fact, those who require a written request to take action are actually protecting your rights as much as their own).</p>
<p>If it can be proven that you owe the debt and you don’t pay, they’re allowed to sue you. However, they have to file the suit in the “proper venue.” That is, they have to file it in the state where you live or where you signed the contract (it will usually be outlined in your original contract where such a dispute is to be filed).</p>
<p><strong>What they CAN’T Do</strong></p>
<p>What debt collectors can’t do is harass you (more specifically, engage in “abusive and deceptive” behavior). The types of specific behavior that are prohibited range from annoyances to all-out abusive tactics, but no matter where it falls on the scale, they’re required to behave professionally within the confines of the law at all times. Specifically, debt collectors can’t:</p>
<ul>
<li>Contact you at any time that isn’t between 8 am and 9 pm local time.</li>
<li>Contact you after you’ve requested in writing that they cease contact or refuse to pay the debt.</li>
<li>Call you repeatedly or keep you in a phone conversation with the intention of annoying, abusing, or harassing you or anyone else who answers the phone.</li>
<li>Contact you at work after you’ve asked them not to do so.</li>
<li>Contact you when they know you’ve retained legal counsel to remedy the problem.</li>
<li>Contact you after receiving written communication that you’ve requested that they verify the debt (until they’ve confirmed the debt as requested).</li>
<li>Do anything that misrepresents the debt or uses deception of any kind to collect it.</li>
<li>Publish your name or address on any sort of list that shows you have bad debt.</li>
<li>Seek unjustified amounts, including any amount not specifically permitted by law.</li>
<li>Threaten you with arrest or legal action that is not permitted or that they don’t intend to follow through.</li>
<li>Use abusive or profane language.</li>
<li>Discuss your debt with third parties other than your attorney. (They are allowed to contact neighbors or co-workers to locate you.)</li>
<li>Contact you in any medium that might make the nature of your debt known (for example, by postcard).</li>
<li>Report or threaten to report false information on your credit report.</li>
</ul>
<p><strong>Consumer Rights of Action</strong></p>
<p>Currently, any debt collector who violates the FDCPA could face administrative action by the Federal Trade Commission (note that this oversight may later be taken over by the Consumer Financial Protection Bureau). However, The FDCPA has a provision known as “private right of action” (not all consumer protection laws do).</p>
<p>Private right of action means you’re allowed to sue a debt collector in state or federal court. Because the FDCPA is a “strict liability law,” you don’t have to prove actual damages. You can sue them for actual and/or statutory damages, court and attorney fees. Statutory damages are limited to up to $1,000 and as usual, attorney fees must be “reasonable.”</p>
<p>Before you decide to sue a debt collector, however, you should consult with an attorney. If the debt collector can prove the error was accidental and happened despite procedures they have in place to prevent it, they could escape penalty (this is known as a “bona fide error defense”). Further, if the consumer loses the lawsuit and it’s determined that you filed the case in bad faith in an attempt to harass the debt collector, you could be responsible for their attorney’s fees, which are likely to be quite pricey.</p>
<p><strong>I Think I’ve Been the Victim of an Unscrupulous Debt Collector. What Do I Do?</strong></p>
<p>Call a personal injury lawyer. Don’t attempt to contact the debt collector yourself. If they truly are unscrupulous, they may try to get you to say something (which they’re recording) that later tanks your case. If it really was just a miscommunication or bona fide error, your attorney will work it out long before you go to trial. Remember, you can always call the law offices of Charles A. Gilman LLC at  866.676.7374 for a free consultation.</p>
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