Month: August 2018
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For those involved in trucking management, loose cargo can be a big deal. When there is spilled cargo on a roadway, there are boundless financial implications for trucking companies as well as the possibility of costly legal liabilities.
Loose cargo on the roadways is usually a concern for flatbed trucks. However, van trailers can experiences this issue also. Because of the loose cargo risk, a trucking company must carry liability insurance to the tune of at least $1 million. Lawyers are well aware of this legal requirement, so anytime there is a trucking accident lawsuits against the trucking company are common.
The issues of loose cargo has resulted in a new specialization in the legal field. If you do a Google search using the words “loose cargo,” you are likely to see a long list of attorneys ready and willing to represent those who have been involved in accidents with an errant freight. One lawyer in Texas has gone so far as to bill himself as the accident attorney for flatbed trailer trucks. Can you imagine the title on his business card?
After being involved in the industry for so long, I have my share of loose cargo stories. One such experience involved a driver who was transporting a load for me on a van trailer. The load consisted of steel parts that were supposed to be placed securely on pallets. The parts were heavy but were not high in volume. Unfortunately, the driver did not secure the load correctly. He took a turn off an off-ramp too quickly and the load shifted sides causing the truck to tip over. This created quick a headache for my company and quite the financial ordeal.
If you’ve done any cross-country driving or extensive interstate driving, you’ve no doubt noticed officials from the Department of Transportation inspecting big rigs on the roadside. Inspections of this nature are usually focused on equipment and freight. But oftentimes, DOT officials will issue fines for cargo that is not secured properly or other lapses in security related to hauling cargo.
Another incident I can recall involved a driver who was transporting steel coils. The driver was exiting on an off-ramp that led to another highway. Again this driver took the turn too quickly and the flatbed trailer rolled to one side and hit a concrete wall. Concrete debris flew everywhere across all lanes of traffic causing damage to more than forty cars.
Thankfully in this scenario and the previous one mentioned there were no injuries, but this type of incident is a nightmare for a trucking management company. Securing cargo properly is a big deal in the trucking industry. When done improperly, safety is compromised and legal liability is likely.
A prepaid legal plan is a scheme based on the payment in advance of a set fee to defray the cost of providing future legal services to the members enrolled in the scheme. They vary in cost, scope of legal coverage provided and how the legal services are provided. We will look at the different types of pre-paid legal plans available in the United States and how to enrol into them.
An individual pre-paid legal plan is readily accessible to the general public. There are two types of individual plans: access and comprehensive. An access pre-paid legal plan is the most basic plan. It is designed to give easy access to lawyer and a set of simple legal services for a low cost. Basic services furnished include unlimited toll-free phone access to your attorney for consultation and advice, letters written by the lawyer on your behalf, brief office consultation and the drafting or review of simple legal documents.
Complex legal issues not covered will be subject to an hourly or flat rate negotiatable with your provider
The comprehensive plan goes beyond basic legal services, to offer more complex and comprehensive coverage for a premium in cost. Generally, all the benefits of an access plan are provided at no cost to you, plus a broader range of services like drafting complicated legal documents, negotiations with adverse parties, legal representation in court cases such as divorce and child custody. They also cover all the costs involved in a legal litigation. Comprehensive plans typically start at $300 per year and are most beneficial to middle-class families.
A group legal plan is typically sponsored by an organization as a fringe benefit to its members. The lawyer or law firm contracted provides free or low-cost legal coverage to all members of the sponsoring organization. Employers, labour unions and even universities are now increasingly offering group legal plans to enhance the value of their benefits package and reduce the cost of administrative burden. Law firms are contracted to provide participating members telephone and office consultation for their most frequently needed legal matters. These typically include: Preparation of wills and trusts, document preparation and review, debt and real estate matters and family law.
Additional legal coverage can be contracted according to a fee schedule negotiable between the plan sponsor and provider, and publicised to participating members.
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In our last post, we mentioned that each of Easy Soft’s software packages are all-inclusive-in direct contrast to your standard legal software package. For one yearly cost (typically less than one hour of billable time), you get: >
Software Procurement.
Complete Training for your attorneys and staff.
Ongoing Educational Support geared towards your practice.
Technical Support -crucial in the event of outages, breakdowns, data loss, etc.
Personalized Service . During business hours, a human being always picks up the phone.
One Nominal Yearly Fee , so that you can plan your annual budget accordingly.
No Hidden Fee s.
Today, we wanted to mention a few extras that add to the value behind Easy Soft’s legal software packages.
One . Although Easy Soft specializes in making life easy for lawyers, our Technical Support Team and Business Analysts can introduce you to further administrative efficiencies you haven’t thought of-and won’t immediately discover. Our Business Analysts live and breathe not just technology-but the art and science of increasing the efficiencies behind your specific practice and small business.
For example, for optimum utilization of Easy Time Bill (ETB) Software , straight hourly billing differs from retainer or fixed fee billing, and both differ greatly from contingency billing. ETB contains special features to be used in tandem with our Easy Trust Software . We set you up right the first time, so there are no errors-only ease, efficiency, and incredible convenience.
Two . We absolutely practice what we preach. Our company aims to create efficiencies for our customers-not just for the first three months after you give us your business, but for the entire life cycle of your software. Take our training webinars .
At the outset, we live-host weekly software training webinars for all products of Easy Soft . During each live hosting, there might be a few dozen participants. Typically, a recorded copy of the webinar is also available online-at your convenience, and the convenience of each of your attorneys and staff members. What could be easier than that?
Three . We don’t believe in off-shore outsourcing. All of our programmers and technical support personals are located in the same Easy Soft headquarters-right here in New Jersey . If a question arises that our skilled and able Tech Support Team doesn’t have answers for, they can turn immediately to our Business Analysts for more complete information. In other words, your call goes right to the source. One way or the other, we are likely to have a speedy answer for you-with full comprehension of your issue, and without messy language barriers.
Author Bio
Easy Soft specializes in helping law firms automate their processes, streamlining repetitive tasks and workflow. Practice management software such as legal billing software, divorce financial software and pennsylvania family law software.
Mistakes made by an attorney can have significant, costly consequences for his or her client. As such, California law provides for individuals and organizations to recover loses in incidents where their legal counsel failed to perform according to the standards of the profession. This is known as legal malpractice, a very specialized area of the law that is typically handled by a personal injury lawyer specializing in prosecuting these types of cases. Though this area of the law falls under personal injury, such an attorney is commonly referred to simply as a legal malpractice attorney.
Just failing to win a case is not sufficient grounds on which to file a suit against an attorney and win damages. At least four criteria must be met that prove that an attorney breached his duty to the client:
Proof of negligence Attorney negligence occurs when the lawyer fails to use the care and skill that would be reasonably expected by other lawyers in similar circumstances. For example, when lawyer negligence fails to procure expert testimony in a case with technical detail (such as in a medical malpractice lawsuit).
Damages tied to the negligence The mistake of negligence of the attorney must result in damage to the client. A case against an attorney essentially is a case within a case. A legal malpractice attorney must prove there would have been a different outcome had the attorneys negligence not occurred. This typically requires the use of another lawyer as an expert witness.
Existing written agreement Very specific rules under California law require that written agreements exist between lawyers and client for cases where client fees will exceed $1,000. Sometimes, those agreements will restrict legal malpractice claims, such as requiring such disputes to be resolved through arbitration. Some agreements also require the losing party in a malpractice claim to pay the attorney fees of the prevailing party.
Viability for collecting on an award Attorneys in California are not required to carry liability insurance. Because an award for legal malpractice might exceed existing resources of that lawyer or law firm, it may not be possible to collect the damages you suffered if the attorney has no insurance.
When looking for a legal malpractice attorney
If you have damages due to legal malpractice in Southern California, consider hiring a reputable legal malpractice lawyer with experience in this area. It is a specialized area of injury law where clients benefit from personal injury attorneys who understand the specific challenges of such cases.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.
Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.