5 Perks of Hiring Disability Law Services

Being born with a disability or developing a disability at a later stage of your life shouldn't stop you from achieving the best in your life. People born with different abilities no longer have to suffer in the world compared to the past. 

In this day and age, disabled people can join the industry and continue to achieve more in their lives. But there might be circumstances when a person with a disability can undergo problems like not getting their CPP plan approved. 

Hiring disability insurance lawyers is the best thing to do if a disabled person struggles to get the right treatment they deserve. Keep reading this article to find out how disability law services are super beneficial. 

1. Gather important details

No person can appear in court and prove that they have a certain disability without gathering proper information. If you want to get certain benefits or have to win a claim, you have to gather all the evidence showing that you have a certain problem.

Therefore, it is essential that someone is on your side to help you gather info and present it the right way. A disability lawyer is the best person who can help a disabled person showcase their disability history the right way. 

However, if someone goes to court on their own and doesn't work with a lawyer, then any conflicting remarks in their medical history can raise problems. A lawyer can handle such issues and can present appropriate solutions. 

2. Presence of proper communication

Disabled people don't have to do all the things on their own, and there should be someone with them who knows the legal system and can make the best judgment. The friends and family of a disabled person cannot be the best companion in court as they might not know about the legal system. 

The presence of a disability lawyer, on the other hand, makes things easier for disabled persons. A lawyer can help a disabled person understand the court's technical terms and make them aware of their situation. 

3. Your appearance in the hearings

Appearing alone in the legal proceedings is not the best option for disabled persons. As mentioned above, the judges in the court ask for complete details about a disabled person, including their medical history. 

Presenting any irrelevant documents or any information that doesn't match with the statement of the disabled person can make things worse. Therefore, it is beneficial that a disabled person works with a lawyer and nominates a lawyer to appear in their place for the best results. 

4. Secure your case

Filing your case in court will not enable you to get any benefits unless you defend it and come out as a victor from your court. How can you ensure that you don't make any mistakes after filing your case and go through the process without any problems? 

The only way you can achieve this goal is by hiring a professional disability lawyer. They will be responsible for keeping your case secure and will help you win your case so you can get the benefits you deserve. 

5. Answer all the questions 

Judges don't hold back when it comes to asking questions from disabled persons. Although they have the best intentions for the person who files the case, they still want to ensure that no bad actors win any claims to maintain the value of the court in the eyes of the people. 

A disabled person can only appear in court to answer all the questions of the judges if they get the help of a skilled disability lawyer. 

Ways Product Liability Can Affect Your Health

Not only do you have to worry about the insurance, but there are other factors in a product liability case. Think about the emotional trauma of dealing with an accident that stemmed from a faulty product. A lawyer has an idea of how this can affect you personally. Here are some ways a product liability can affect your health.  

Dealing With Psychological Trauma

In dire cases, a product liability like an electronic may have seriously burned you. A product liability lawyer knows that it's much more than physical damage you have to deal with from now on. Let's say something happened with your tire. 

You may have been on the road and the tire separated, which resulted in a bad accident. You may have had a chilling moment that felt like a pause in your life. As a result, it plays in your head time and time again. You may be reluctant to get behind the wheel because you don't want that incident to happen again. That's a deep psychological trauma that lingers for years.

Healing From Your Wounds

Another factor is the healing process. You might be someone who likes to move around a lot, but you're plagued with injuries that make it hard to move. Your product liability lawyer knows this may be hard for you because you may be out of work for months at a time.

You may be the breadwinner in the home and you have children to look after. Additionally, you might not be able to do certain activities like playing sports or even carrying groceries. Some injuries could cause long-term damage that can leave you with a limp or permanent back issue you'll feel for the rest of your life.

Dealing With Stress

It's a stressful time for you. Here are some of the things that are on your mind:

  • ·You are dealing with an internal battle from being bedridden all day.

  • ·You're wondering how you will deal with big medical bills if you don't get a settlement from the accident.

  • ·You don't know if your job is going to give you paid leave or fire you altogether.

All of these emotions can make it hard for you to deal with all of the legal proceedings. An injury attorney can help guide you through the process so that everything doesn't just fall on you and your family.

MCL Nugget: Dhami ONCJ

R v Dhami, 2019 ONCJ 10

The Issue

How does the Mentuck/Dagenais test intersect with section 486.5 regarding the issuance of a publication ban?

The Answer

The Mentuck/Dagenais test requires consideration of the following two factors regarding the issuance of a publication ban:

(i)             The order is necessary to prevent a serious risk to the proper administration of justice because reasonable alternative measures will not prevent the risk; and,

(ii)            The court considers whether the salutary effects of the publication ban outweigh the deleterious effects on the rights and interests of the parties and the public, including the effects on the right to free expression, the right of the accused to a fair and public trial and the efficacy of the administration of justice.  

In 2015 Parliament amended section 486.5, removing the requirement that such an order be “necessary for the proper administration of justice” and replacing it with the requirement that the order be “in the interest of the proper administration of justice”. The determination of whether the order is in the interest of justice is governed by, inter alia, a consideration of the factors set out in section 486.5(7).

The consideration of a publication ban request is governed by this statutory test.

The Fine Print

Two comments of the court that are helpful in today’s modern age of “media” and the modern recognition of victim vulnerability and rights are worth noting. First, on the need to recognize victims and the impact on them:

As a society, we recognize the vulnerability of persons with a disability and the need to remove barriers that impede them from leading productive, meaningful lives and discourage them from engaging in the court system. These values are not insignificant. Nor is the risk for harm to be downplayed. The importance of protecting vulnerable members of society, their right to privacy, encouraging witness participation and promoting a sense of fairness within the criminal justice system is of considerable importance in our society.  Multiple provisions in the Criminal Code endeavour to minimize harm and protect the privacy of victims and witnesses. See for example ss. 486.4, 486.1, 486.2, s. 278, s. 276. [Para 30]. 

Second, a comment on the modern day media:

It is worth noting that media and internet attention today does not exact the same toll on an individual's privacy that it did 25 years ago.

Today, searching through traditionally printed newspaper articles for information is not possible without a great deal of effort and time. By contrast, information about an individual is immediately available with only a few strokes on a key board on a smartphone held in the palm of anyone’s hand. 

Previously, a newspaper article may have sparked an editorial comment or two or several, from passionate readers. Opinions would be filtered before being published, subject to editorial scrutiny and may or may not see the light of day in print. Today, individuals can weigh in and comment on the news on-line, anonymously, in real time, with very few restrictions.     

All to say, in coming to a decision in this case I have factored in the impact of indefinitely memorializing the victim's name and mental health information on the internet to his dignity, privacy and well-being. The ease with which anyone can search the internet for information about an individual, or this incident and learn the victim’s diagnosis (when one would not otherwise be entitled to this private medical information) weighs in favour of granting the order. [Paras 49-52]   

MCL Nugget: Smithen-Davis ONCA

R v Smithen-Davis, 2020 ONCA 759

The Issue

Can an appeal be re-opened following submissions and completion of argument but before the appellate court has rendered judgement? Does the principle of functus officio prohibit such an application? If re-opening is permitted, what is the scope of the jurisdiction to permit this? 

The Answer

The parties and the court all agreed that the court has jurisdiction to permit re-opening of an appeal. However, there was disagreement about the scope of the court’s jurisdiction:

…whether it extends to appeals heard and decided on the merits, and if it does, when that jurisdiction ends. Upon delivery of reasons for the decision? Or only when the formal order recording the disposition is entered? [Para 28].

The court held it is not functus officio until formal judgement has been drawn up and entered [para 40]: see R v Adams, [1995] 4 SCR 707 at para 29.

The interests of justice do not, in this case, prohibit the re-opening:

To succeed in quashing the respondent's application to re-open the appeal, the Crown must be able to establish on the record, as it currently exists, that the application to re-open has no reasonable prospect of success. On this issue, the Crown fails, as it did in advancing a similar argument in R. v. Forcillo, 2018 ONCA 402, 141 O.R. (3d) 752, leave to appeal refused, [2018] S.C.C.A. No. 258. [Para 68]. 

The Fine Print

Two aspects of the court’s ruling offer guidance for future cases. First, the court offered the following considerations on deciding whether to permit re-opening:

Among the relevant factors a court might consider in deciding whether to permit re-opening of an appeal previously argued and decided on the merits are:

i.     the principle of finality;

ii.    the interests of justice including finality and the risk of a miscarriage of justice;

iii.   whether the applicant has established a clear and compelling case to justify a re-opening;

iv.  whether, in hearing and deciding the appeal on the merits, the court overlooked or misapprehended the evidence or an argument advanced by counsel; and

v.    whether the error alleged concerns a significant aspect of the case. [Para 36]

Second, in relation to the interest of justice test the court noted:

The re-opening decision requires consideration of all the circumstances. Two competing principles are at work. The need for finality in criminal litigation favours a restrictive approach. Prevention of potential miscarriages of justice, on the other hand, supports a more expansive approach: Hummel, at para. 17. The “interests of justice” includes both the interest of the accused in having their guilt adjudicated on the basis of all the available evidence, and that of the state in the integrity of the criminal justice process including its finality and order: R. v. M. (P.S.) (1992), 77 C.C.C. (3d) 402 (Ont. C.A.), at p. 411; R. v. Manasseri, 2016 ONCA 703, 132 O.R. (3d) 401 at para. 200, leave to appeal refused, [2016] S.C.C.A. No. 513. [Para 56]

MCL Nugget: MRS ONCA

R v MRS, 2020 ONCA 667

The Issue

Was the jury charge “overlong and needlessly complicated” in a manner that impacted the fairness of the trial [para 4]? Was the jury charge “excessively long and so laden with unnecessary information” that it diverted the jury’s attention in the manner discussed in R v Rodgerson, 2015 SCC 38 at paras 50-52.

The Answer

Albeit in obiter, the court noted two points. First, the lengthy recitation of evidence heard by the jury was unnecessary and ran the risk of taxing “the powers of the jurors’ concentration, increasing the risk of confusion and inattention” [para 108].

Second, use of large extracts of model jury charge instructions, some on points not in issue, was unnecessary and contrary to the guidance in R v Rodgerson, 2015 SCC 38 at paras 51-53.

The Fine Print 

The Court of Appeal offered some correction and guidance related to how trial judge’s should develop their jury instructions – important guidance perhaps where so many jury trials result in successful appeals related to impugned instructions:

First, “a bulk recitation of all the evidence heard at the trial, without discrimination or analysis, is of no assistance to the jury”: Barreira, at para. 30. Indeed, as this case shows, it is apt to do more harm than good. The jury charge was unnecessarily long in what was a straightforward case. Close to half of the charge, 84 of the 192 transcript pages, was dedicated to summarizing testimony that the jury had heard directly. This not only taxed the powers of the jurors’ concentration, increasing the risk of confusion and inattention, it resulted in the prejudicial repetition of a significant amount of collateral bad character evidence. The trial judge would have been better advised to have forgone this part of the charge and focussed instead on the summary she offered of the material evidence relevant to the issues.

Second, instead of identifying the legal issues that required explanation, the trial judge included large extracts from a model charge manual relating to matters not in issue. In Rodgerson, at paras. 51-53, Moldaver J. counselled against doing so and urged trial judges to isolate relevant legal instructions. Legal directions are often conceptually challenging. In the interests of efficiency and focus, jurors should not be taxed with legal instruction on matters that are not in issue, as occurred in this case.

Indeed, one of the legal issues discussed in the charge was not only not a live issue but was not properly before the jury. The children complainants were minors, legally incapable of consenting to the alleged assaults, yet the jury was educated in the law of consent relating to the assault charges against the children, including factors that vitiate consent, none of which applied. [Paras 108-110].

Tips on How to Find a Good Lawyer

If you ever find yourself in a position where you’re dealing with a complex legal matter, you never want to go at it alone.  Having a competent legal professional by your side will help you clearly navigate the issue to its resolution.  

Ironing out the variables that may drown your thoughts when considering the job of hiring a good lawyer may help you move forward more easily.  Take a moment to consider these tips on how to find the best lawyer for you, and look forward to more manageable days ahead.  

Important qualities in the right lawyer

Finding the right lawyer for you is an important part of getting what you need out of any legal situation.  It’s key to find a lawyer that you feel comfortable speaking with and makes you feel heard.  

You shouldn’t make the final decision to hire a lawyer without first meeting that person face to face.  It should feel right, before you go signing any checks.  

Practical issues to consider 

The feel of the connection between you and your lawyer is important, but there are also some more practical issues to consider.  You typically want to consider what the lawyer’s specialty is before setting your sights on hiring.  

You may want to dig a little deeper than a lawyer’s certification, and ask about the breakdown of the cases they’ve handled.  Maybe they have worked on 20 personal injury cases and 10 divorce cases, but they have never worked a workers’ compensation case.  

Where to start your hunt 

Starting your hunt for the right legal representative may be a speed bump of its own.  The best place to begin your search for a great lawyer is to ask around.  

Ask a trusted friend or family member if they have any helpful insight on the situation.  Their recommendation may not be what you need for your particular issue, but a friendly referral is a good place to start.  

Notes about hiring from legal ads

There are some times when legal ads are useful, but always be careful about believing everything you read or hear.  

Sometimes an ad may make it sound like your legal issue will be simple and clear, but there’s no way to account for the range of individual situations on a universally distributed ad.  Take the ads with a grain of salt, and use them as another possible jump off point for research instead.  

Local referral services may help 

If finding a lawyer you can afford is the real issue, it helps to reach out to local legal referral firms.  There may be a government-funded program that will help you find the services you need for no charge.  Special services are also available for those who are disabled, immigrants, or elderly.  

How to get Free Legal Advice

In America, hourly billing rates for attorneys can range anywhere between $100 to $1,000.  These rates mean that individuals and small businesses, if in need of legal assistance, may start their process searching for free legal advice. There are many options available to get free legal advice. This advice may be related to any subject matter such as personal, family, business, corporate or even criminal. Read ahead to find out about the various platforms providing free legal services and advice.

DO YOU NEED A LAWYER?

The first step is to determine whether you actually need to retain a lawyer. It’d be a good idea to talk to several attorneys who offer free consultations or just browse through law firm websites to do research. This provides you an opportunity to understand the fee structure of several lawyers and make an informed decision about cost.

It’s possible that a lawyer could take your case on pro bono, which means they wouldn’t charge you for representation. No matter what, you should choose a lawyer that is best equipped in handling cases similar to yours.

WHOM TO CONTACT IF YOU CANNOT AFFORD LEGAL FEES?

There are multiple options that you can avail in case you are unable to afford legal fees.

  1. The U.S Department of Justice: This Department provides a list of free legal service providers who are most oriented towards assisting individuals. (include link)

  2. Civil Rights Division of the Justice Department: Any information required with respect to Americans with Disabilities Act can be obtained through the ADA Business Connection Page. The Civil Rights Division can assist in providing extensive collection of information related to ADA compliance for customers and employees.

  3. City Courthouse: Several courts offer free assistance to parties in several matters, the most common one being mutual divorces.

  4. County or State Bar Association: Several county and state bar associations have special time slots where you may use an ‘Ask an Attorney’ service for free legal advice. These associations may also offer consultations with attorneys for less than $30 dollars on several topics.

  5. Legal Aid Societies: Legal Aid societies and not-for-profit organizations found across the country offer free legal services to lower income groups. Organizations such as LawHelp ensure equal access to justice for Americans.

  6. Consultations with Law Firms and Attorneys: Several law firms and attorneys generally offer free legal advice by phone or videoconferencing. They may also offer alternative methods such as free or bargain basement price. LiveLawyers.org offers free phone consultations with lawyers.

  7. Visit a Law School: Several law schools have legal clinics which offer pro bono programs to assist individuals with a lower income. This includes American University, Appalachian School of Law, Arizona State University, Howard University, Tulane University and many others.

  8. Small Claims Court: In cases where the amount in controversy is small, small claims courts are a good option as most cases don’t require the use of lawyers.

  9. Legal workshops and pro bono clinics: Most State Bar Associations require lawyers to provide pro bono services and conduct free legal workshops and clinics. You may actively participate in them to understand more about the law.

  10. Online Resources: Several websites such as ABA, AVVA, SCORE, OSHA offer free legal advice and online consultation services.

FEDERAL OR STATE ASSISTANCE

Federal, state, and local governments each have their own sets of laws, under one of which your legal issue will likely fall. Depending on your issue, you may want to research all three. Approaching the correct jurisdiction and forum is of utmost importance before filing a case. It is also necessary to determine the practice area under which your case falls under.  Sometimes, a case may demand a combination of laws from different practice areas. Contact the Department of Justice in your state to obtain a better understanding of your legal issue. They may also direct you to clinics offering services which may suit your needs

FREE LEGAL ASSISTANCE FOR SMALL BUSINESSES

If you are the owner of a small-scale business, you may use the assistance of any of the aforementioned options for legal assistance. Additionally, platforms such as lawyers.com has a business section for lawyers with free articles and tutorials on several topics along with an “Ask you Lawyer” Section where you can get answers to your legal questions from top rated lawyers, free of cost. LegalZoom.com has a business legal plan for as low as $23.99 a month for attorneys to review your business contracts, provide advice and so on. Small Business Forums also permit you to run your solution by an attorney. A simple Google search of a specific niche forum can be found by typing “forum” along with the industry. There is also a legal issues discussion board.

The Federal Trade Commission provides information on how and whom to report in case of a suspected antitrust violation, while the Internal Revenue Service provides all such information related to tax in the Small Business and Self-Employed Tax Centre.

Make sure you research all available options before making a decision on the service you end up utilizing.