Common Questions

You Might Have a Case, Even if the Law Wasn’t Broken.

When a law is broken, most of the time negligence was involved. So it’s natural for people to think that’s the only way they have a case. In fact, even if the law wasn’t broken, you could still have a case.   In coal mining cases and tractor-trailer cases, you’re inevitably going to find a law or regulation that was broken and the courts allow the breaking of that law to be introduced as evidence of negligence. But there are many types of negligence where no law was broken.   For instance, if a doctor or dentist commits malpractice, it means that a standard of care was breached. In other words, the doctor failed to do what a reasonably prudent doctor in the same or similar circumstance would have done.   Negligence is violating a standard that is accepted by common law. We see it a lot in car accidents. There could be rain or snow on the road and a driver knowingly continues to drive at a dangerous pace, causing an accident.  A reasonably prudent driver would have slowed down.  This type of negligence, if we can prove it, can be used in court.   You need an experienced …

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What is a Structured Settlement?

A structured settlement is a valuable way for injured clients to protect their settlements into the future. But it’s important that you have an experienced law firm to help guide you through the process, so that you can make informed decisions to protect you and your family.   Let’s say you lost a limb in an accident and the other side offers you a million dollars. You accept and decide to settle the case. At that point, we’ll explain to you a structured settlement. You can structure all or just part of your settlement. You might take three hundred thousand dollars to pay off debts and then put the rest of the seven hundred thousand into a structured settlement.   One of the biggest benefits of a structured settlement is that they are tax-free. That’s huge. When you put money into the stock market, you have to pay taxes on every dime you ear. If you put money in a CD or in a bank, you pay taxes on every dime of interest you earn. But with a structured settlement, you don’t pay taxes on the amount of growth you acquire for as long as you live.   It’s just …

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The Difference Between Mediation and Arbitration

Arbitration and mediation have a few similarities, but are actually very different. Mediation is a voluntary negotiation that occurs prior to a trial. Arbitration, on the other hand, is not voluntary and isn’t the preferred route for our clients at the Segal Law Firm.   Mediation Mediation involves an unbiased, disinterested party who has no stake in the outcome of the lawsuit. The mediator will basically go back and forth between the two sides to see if there is a number that can be agreed on voluntarily. The case can go to trial, if a number isn’t agreed by all parties.   Arbitration Arbitration is often agreed to at the onset of an agreement. For instance, labor unions have arbitration agreements in the event that their employers are fired or terminated for some reason. Unfortunately, sometimes people don’t realize that there is an arbitration agreement and they don’t find out until they’ve been wronged.   In arbitration, one or three people will be selected by the sides to arbitrate. The arbitrators can be chosen in various ways. Generally, you start with a long list and scratch out people you don’t want until you arrive at the ones you do. Sometimes …

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What Makes People Wait to Call The Segal Law Firm?

I say it time and time again: you must call us at The Segal Law Firm as soon as you possibly can after you or a loved one has been injured in an accident. Unfortunately, some people wait so long that the statute of limitations for the case runs, and there’s nothing we can do for them. It’s a downright sad situation, and I absolutely hate having to tell someone that his or her case cannot be filed. So why do people wait?   The Worst Time of Their Lives These accidents are complete tragedies. I’m talking life-altering injuries, many leading to death. The families are grieving and doing their best just to cope with their new reality. Many times, the last thing on their minds is talking to a lawyer on the phone. They don’t think to do it until it’s too late. Remember that I’ve been doing this for thirty years. I’ve talked to families beside hospital beds, and in living rooms. Don’t hesitate to call me right away.   Waiting for Reports Another reason people tend to let the statute run is because they are waiting for a report. You don’t need any type of report to …

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