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	<title>Digi-Text</title>
	<link>http://digi-text.com</link>
	<description>Against Deadwood</description>
	<pubDate>Tue, 06 Jan 2009 04:57:42 +0000</pubDate>
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		<title>Six Keys to Hiring a Great Personal Injury Attorney</title>
		<link>http://digi-text.com/archives/2009/01/05/six-keys-to-hiring-a-great-personal-injury-attorney/</link>
		<comments>http://digi-text.com/archives/2009/01/05/six-keys-to-hiring-a-great-personal-injury-attorney/#comments</comments>
		<pubDate>Tue, 06 Jan 2009 04:57:42 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Legal Tips]]></category>

		<guid isPermaLink="false">http://digi-text.com/archives/2009/01/05/six-keys-to-hiring-a-great-personal-injury-attorney/</guid>
		<description><![CDATA[Choosing the right personal injury attorney is not difficult if you know the right questions to ask. You can start your search on the internet with the words &#8220;personal injury attorny&#8221; plus your location.
This will provide you several names of local attorneys plus some sites that &#8220;refer attorneys&#8221; or are otherwise paid adds. Call or [...]]]></description>
			<content:encoded><![CDATA[<p>Choosing the right personal injury attorney is not difficult if you know the right questions to ask. You can start your search on the internet with the words &#8220;personal injury attorny&#8221; plus your location.</p>
<p>This will provide you several names of local attorneys plus some sites that &#8220;refer attorneys&#8221; or are otherwise paid adds. Call or email 3-5 attorneys and ask them to answer the following questions:</p>
<p>1. How many personal injury cases have you tried in front of juries?</p>
<p>2. What kind of experts have you hired for your clients?</p>
<p>3. What % of your income comes from personal injury cases?</p>
<p>4. Have you handled cases similar to my injury? How many and with what results?</p>
<p>5. Are you willing to advance expenses of litigation?</p>
<p>6. Are you a mamber of any attorney organizations that primarily help injury victims?</p>
<p>The answers to these questions should give you a good idea if the attorney is an experienced and succesful personal injury attorney.</p>
<p>You want an attorney who is willing to and has gone to trial. Insurance companies know who is willing to go to trial. Attorneys that have not tried jury cases are not likely to command the respect to get you a fair offer.</p>
<p>If the attorney is not willing to advance expenses then you will be stuck advancing them yourself and you may not be in a position to do so. If that is the case then your case will have to be settled, likely cheaply.</p>
<p>With the answers to these questions in hand you are ready to sit down in the attorney&#8217;s office and decide, after meeting the attorney, if this is a person you can have confidence in to get you full and fair compensation for your injury.</p>
<p>Anthony Castelli focuses his practice in personal injury law, including car accidents, defective products and premises and construction accidents. He practices in the greater Cincinnati, Southwest Ohio region. For more information about Anthony Castelli or personal injury law go to <a href="http://www.castellilaw.com" rel="nofollow">http://www.castellilaw.com</a></p>
<p>
<p> About the Author </p>
<p>Anthony Castelli is an experienced cincinnati ohio accident and injury attorney</p>
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		<title>Injury Compensation Claims</title>
		<link>http://digi-text.com/archives/2009/01/05/injury-compensation-claims/</link>
		<comments>http://digi-text.com/archives/2009/01/05/injury-compensation-claims/#comments</comments>
		<pubDate>Mon, 05 Jan 2009 22:01:59 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Legal Tips]]></category>

		<guid isPermaLink="false">http://digi-text.com/archives/2009/01/05/injury-compensation-claims/</guid>
		<description><![CDATA[INJURY COMPENSATION CLAIMS
Accidents do happen, but if you feel you had a slip trip or fall that was due to someone else&#8217;s negligence, you have the right to claim compensation. Personal injuries because of slipping, tripping and falling are a fact of life, but sometimes they are the result of carelessness on the part of [...]]]></description>
			<content:encoded><![CDATA[<p>INJURY COMPENSATION CLAIMS</p>
<p>Accidents do happen, but if you feel you had a slip trip or fall that was due to someone else&#8217;s negligence, you have the right to claim compensation. Personal injuries because of slipping, tripping and falling are a fact of life, but sometimes they are the result of carelessness on the part of individuals or municipal councils who are liable to pay compensation for it.</p>
<p>Though most public areas in the U.K. conform to the highest safety standards, occasionally a poorly maintained road, pavement, car park or shopping area can become the cause for personal injury. One could trip on a warped or pitted road, pavement, walkway or car park. One could also slip on dangerously polished floors, fall down poorly constructed or maintained stairs or trip over worn floor coverings or obstructions.</p>
<p>In the case of slips and trips in public areas like roads, walkways and pavements, the local authorities responsible for their upkeep can be held liable if negligence is established. The authorities are expected to carry out frequent inspection and maintenance, especially in areas of high foot traffic. Shops and occupiers of other similar public places are duty-bound to keep the premises safe for their customers. They are required to have staff locating and removing items customers might have spilled or dropped on the floor in order to prevent injury to other visitors.</p>
<p>If you should sustain injuries after taking a fall or slipping in another person&#8217;s home, you are entitled to compensation if it was the result of the occupier or proprietor&#8217;s negligence. It is the occupier&#8217;s responsibility to keep the house safe by picking dropped objects like toys off the floor and wiping off spilt liquids so that no one is hurt. Slips, trips and falls are also common in the workplace and liability in such cases rests with the employer.</p>
<p>When a slip trip fall claim is filed, the law takes into consideration whether the owner/caretaker of the premises where the accident occurred takes &#8220;reasonable&#8221; care of the property. Reasonableness here relates to a regular inspection and maintenance regime. The claimant will also be questioned about whether he/she was distracted at the time of the accident or was careless in any way that might have led to the slip, trip or fall. One is expected to watch where he/she is going. If there were warnings of hazards that went unheeded or if the claimant was careless, the claim will fail.</p>
<p>Legal Claim UK is a network of no win no fee accident compensation claims lawyers operating across the United Kingdom. When our personal injury specialists handle your claim, you get the damages in full if you win. At no point of the process are you required to pay. The legal fee is taken care of as part of the settlement/verdict in case of a win and you get the entire sum awarded as compensation. Our network includes experts on slip trip and fall claims. For more information on our services, visit <a href="http://www.legal-claim.co.uk." rel="nofollow">www.legal-claim.co.uk.</a> If you have been injured in an accident in the last three years that wasn&#8217;t your fault, you should contact Legal Claim UK.</p>
<p> About the Author </p>
<p>John Eastwood is a well know writer in legal issues. His articles are popular in various online portals. He has a vast experience in writing professional articles based on legal issues, law and other related areas.</p>
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		<title>Service by Substitution in California</title>
		<link>http://digi-text.com/archives/2009/01/04/service-by-substitution-in-california/</link>
		<comments>http://digi-text.com/archives/2009/01/04/service-by-substitution-in-california/#comments</comments>
		<pubDate>Sun, 04 Jan 2009 07:34:25 +0000</pubDate>
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		<category><![CDATA[Legal Tips]]></category>

		<guid isPermaLink="false">http://digi-text.com/archives/2009/01/04/service-by-substitution-in-california/</guid>
		<description><![CDATA[Section 415.20 (b) of the California Civil Code Of Procedure States: If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may
be served by leaving a copy of the summons and complaint at the
person&#8217;s dwelling [...]]]></description>
			<content:encoded><![CDATA[<p><B>Section 415.20 (b) of the California Civil Code Of Procedure States:</B> If a copy of the summons and complaint cannot with reasonable<br />
diligence be personally delivered to the person to be served, as<br />
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may<br />
be served by leaving a copy of the summons and complaint at the<br />
person&#8217;s dwelling house, usual place of abode, usual place of<br />
business, or usual mailing address other than a United States Postal<br />
Service post office box, in the presence of a competent member of the<br />
household or a person apparently in charge of his or her office,<br />
place of business, or usual mailing address other than a United<br />
States Postal Service post office box, at least 18 years of age, who<br />
shall be informed of the contents thereof, and by thereafter mailing<br />
a copy of the summons and of the complaint by first-class mail,<br />
postage prepaid to the person to be served at the place where a copy<br />
of the summons and complaint were left.  Service of a summons in this<br />
manner is deemed complete on the 10th day after the mailing.</p>
<p><B>Most process servers understand</B> dwelling house or usual place of abode to mean the actual place where the person is currently staying. It has, however, been our experience that this means the official residence <U><B>or</B></U> place where the person is currently staying. We have found that most courts consider the dwelling house to be where the person is currently staying and the usual place of abode to mean the persons permanent residence, ie: the person lives with his parents but is currently away at school. The persons dwelling house would be where he is currently staying while in school and his usual place of abode would be his parents house where he returns on vacations and when school is on break and where he expects to return when he finishes school. The same applies if the person is currently in the hospital, away on a business trip or is on a vacation.</p>
<p><B>Usual place of business</B> can mean different things. Say a person works every day in a factory on 8th St., that of course would be a usual place of business. Say a Doctor is on staff and shows up for work regularly at ABC Hospital. He also rents office space from a doctor&#8217;s group at another location where he also sees paitents. It has been our experience that both places could be considered the Doctors usual place of business.</p>
<p><B>Usual mailing address</B> other than a United States Postal Service post office box. Usual mailing address can be a private mail box service or any other place (Other than a U.S Post Office branch.) that the subject uses as a mailing address. This does not mean that the person must actually pick up or receive the mail. It only means that the person must use the address as a mailing address. Some people in order to evade creditors or others give out mailing addresses but never pick up the mail. If a person directs people to send that person&#8217;s mail to a certain address then that address can be considered a usual place of mailing as the server would have no way of verifying that the mail is actually picked up.</p>
<p><B>Competent member of the household</B> does not mean family member. It means anyone who resides at that residence, including full time live in nannys, maids, gardeners, friends, etc.. As long as the person resides ther full time they can be considered members of the household.</p>
<p><B>Person apparently in charge</B> does not mean, as some process servers believe, a manager or officer of the business or place of mailing. It means &#8220;the person apparently in charge. If, at an office, the receptionist will not let the process server see anyone else in the office, then the receptionist is the highest person in charge that the server can serve. If the only person who works at a mail box service says that he or she is only a clerk, that person is still the person apparently in charge.</p>
<p><B>Serving a complaint in a gated community or security building</B> where the security guard will not allow entrance. On May 28, 1992, in the case of Robert Bein vs Bechtel-Jochim, the California Court Of Appeals held that a guard gate <U><B>does</B></U> constitute part of the dwelling and therefore the guard is a competent member within the dwelling. The court reasoned that if a process server is not permitted to proceed to the actual residence, then the outer bounds of the actual dwelling place must be deemed to extend to the location at which the process server&#8217;s progress is arrested.</p>
<p><B>Reasonable diligence</B> has been interpreted differently in different jurisdictions, however, we have found that if three attempts are made at least eight hours apart and if at least two of those attempts are made at the address wher the papers are served then a substituted service on the fourth attempt is usually considered valid.</p>
<div style="float: left; padding: 0px; margin: 0px; border-width: 1px 1px 1px 1px; border-style: solid; border-color: white; background-color: white"></div>
<p>The foregoing information is not given as legal advice. It is instead given as information and opinion gathered and developed through experience over the last thirty years. David Hallstrom is the owner of Hallstrom Detective Agency and although the agency no longer offers process serving services, it has, through it&#8217;s servers, completed service of several hundred thousand legal documents. Although the author believes the information to be accurate no guarantee is made or implied.</p>
<p>Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.</p>
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		<title>15 Key Deposition Techniques in a Medical Malpractice Case</title>
		<link>http://digi-text.com/archives/2009/01/04/15-key-deposition-techniques-in-a-medical-malpractice-case/</link>
		<comments>http://digi-text.com/archives/2009/01/04/15-key-deposition-techniques-in-a-medical-malpractice-case/#comments</comments>
		<pubDate>Sun, 04 Jan 2009 07:23:31 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Legal Tips]]></category>

		<guid isPermaLink="false">http://digi-text.com/archives/2009/01/04/15-key-deposition-techniques-in-a-medical-malpractice-case/</guid>
		<description><![CDATA[QUESTIONS TO ASK THE DEFENDANT DOCTOR
WARNING:
Preparation is the entire key to a doctor&#8217;s deposition. You must spend countless hours reviewing the entire file, reviewing all the medical records, notes and entries in the chart. You must know and review your theory of liability, causation and damages before you begin to review the file. You must [...]]]></description>
			<content:encoded><![CDATA[<p>QUESTIONS TO ASK THE DEFENDANT DOCTOR</p>
<p>WARNING:<br />
Preparation is the entire key to a doctor&#8217;s deposition. You must spend countless hours reviewing the entire file, reviewing all the medical records, notes and entries in the chart. You must know and review your theory of liability, causation and damages before you begin to review the file. You must keep track of anything in the chart that will help you in your quest to prove each element of liability, causation and damages.</p>
<p>1.	Most lawyers ask the same boring questions at the beginning of every deposition:</p>
<p>a.	State your name and address<br />
b.	State your qualifications, pedigree, schooling, etc.</p>
<p>Comment: OK, this is fine, but very boring and very expected by defense counsel and the doctor. Mix it up a bit. I advocate never starting a doctor&#8217;s deposition this way. Why not go right to the heart of the case with the very first question? You can always get the doctor&#8217;s credentials later or at the end. Besides, the credentials are usually found online or in a curriculum vitae, and don&#8217;t help except to establish where he went to school and whether he&#8217;s board certified in any specialty. On more than one occasion the doctor has been disoriented by this approach. They are usually prepared for questions in a lock-step manner and do not expect something so unusual, but legally permissible set of questions right off the bat.</p>
<p>2.	Go ahead- ask why they operated on the wrong side of the brain as your first question. &#8220;Objection, no foundation,&#8221; says the defense attorney. &#8220;So where does it say in the CPLR I need to lay a foundation question?&#8221; Despite this exchange of &#8216;ideas&#8217;, if you get such an objection, then simply ask:</p>
<p>a.	&#8220;Didn&#8217;t you operate on my client on this date?&#8221;<br />
b.	&#8220;Isn&#8217;t it true you operated on the wrong leg?&#8221;<br />
c.	&#8220;Why?&#8221;</p>
<p>3.	I always advocate asking the &#8216;why&#8217; question at deposition. It is much better to know the reasons why a doctor did or didn&#8217;t so something now, rather than save the question for trial. At trial, the reason may be devastating to our case, and if so, I want to know about it now. Besides, when you question a doctor at trial, as an adverse witness, you never want to ask a question in which you don&#8217;t know the answer. If you do, you subject yourself, your client and your case to inherent risks that could jeopardize the case.</p>
<p>4.	Make the doctor read his notes into the record. This is important for anyone who is trying to decipher the doctor&#8217;s handwriting later on. Your expert will definitely need to know whether the scribble is important, and the only way to do that is if the doctor explains, on the record, what his scribble means.</p>
<p>5.	Be polite. At all times. You can&#8217;t imagine how many lawyers don&#8217;t listen to this recommendation. They think they know it all, are sarcastic, belligerent, annoying, and really annoy everybody in the room. The doctor&#8217;s attitude in responding changes as well. No longer is the doctor as verbose. No longer does the doctor look like the perpetrator. Rather, he might begin to look like a victim if attacks against him and his credibility are kept up.</p>
<p>6.	You can still make all your points without being hostile, angry, yelling or screaming. The old saying &#8216;you get more with honey than with vinegar&#8217; speaks volumes. Naturally, you&#8217;re not going to bend over and sweet talk your way to getting the doctor&#8217;s admissions about how he screwed up. But, the key is being professional and knowledgeable. You gain more respect from your adversary- (don&#8217;t worry about respect or lack of it from the doctor) by being respectful than you do if you are antagonistic.</p>
<p>7.	There are times when you want to rile the physician. You want to know if you can push his buttons. You want to know how easily it is to rankle his composure. If it&#8217;s easy to do at deposition, your trial strategy toward this witness just got that much easier.</p>
<p>8.	Find out about conversations the doctor had with the patient, family members and other doctors. Remember, conversations are rarely recorded in a hospital record. Make sure you ask the doctor to confirm or deny comments that your client has testified about. Most often, the doctor will claim they no longer recall the conversation. But, if your client does, it&#8217;s much more possible that the conversation occurred. If the doctor denies making certain comments, then you know you have different facts about the same conversation, and a jury will have to ultimately decide who is telling the truth.</p>
<p>9.	Ask whether the doctor has ever had his license to practice medicine suspended and/or revoked.</p>
<p>a.	Ask whether their hospital privileges have ever been suspended or provoked.</p>
<p>b.	Always ask whether the doctor has given testimony before.</p>
<p>i.	Ask whether it was an an expert for plaintiff or defendant<br />
ii.	Ask whether they were a treating physician<br />
iii.	Ask what type of case it was, and the name of the case<br />
iv.	Ask whether they were paid for their time in Court to testify in that matter</p>
<p>10.	In New York, in a medical malpractice deposition, you must ask opinion questions. The doctor- as a defendant is required to answer &#8216;expert&#8217; questions and give answers about his medical opinions.</p>
<p>a.	Do you have an opinion, with a reasonable degree of medical probability whether the treatment rendered to Mrs. X was appropriate and within the standard of care?</p>
<p>b.	If you have an opinion, what is that opinion?</p>
<p>c.	Confront the doctor with other opinions in the medical community that disagree with his school of thought and ask what he thinks of those opinions.</p>
<p>d.	Ask the doctor to admit to certain facts- Here&#8217;s an example:</p>
<p>i.	Isn&#8217;t it true the patient got Ex-lax at 10 p.m.?</p>
<p>ii.	Isn&#8217;t it true that patients with colon tumors shouldn&#8217;t get ex-lax?</p>
<p>iii.	Are there any circumstances when you would prescribe this medication for a patient who had this tumor?</p>
<p>iv.	Would you agree that if the patient got ex-lax at 10 pm that would be a departure from good care?</p>
<p>v.	Would you agree that the only reason the patient suffered injury was because she got ex-lax at 10 pm?</p>
<p>vi.	Would you agree that had she not gotten the ex-lax at 10 pm, she wouldn&#8217;t have suffered the bowel perforation?</p>
<p>11.	Make sure you rule out other potential causes of injury besides the malpractice that you are claiming occurred here. The reason you do this is to learn the potential defense to your case. The defense will always come up with some explanation as to why your argument is not valid. Better you should learn it during the deposition than to head to trial without knowing what their defense will be.</p>
<p>12.	Ask many open ended questions. Ask who/ what/ where/ when/ why/ how. By doing this, you will get the doctor to talk and explain. If the doctor&#8217;s is going on and on without directly answering the question- and his attorney is letting him- that&#8217;s ok. Let him keep talking; you might actually get some useful information. When he stops talking simply say &#8220;Maybe my question wasn&#8217;t clear doctor. What I was looking for was&#8230;.can you answer that question?&#8221; Always take the blame if the doctor says the question is not clear. Don&#8217;t respond to him by asking &#8220;What didn&#8217;t you understand about my English language question?&#8221;</p>
<p>13.	Ask about medical definitions.</p>
<p>a.	What is an endocervical curettage?<br />
b.	What is a myocardial infarction?<br />
c.	What is hypoxia?<br />
d.	Ask whether these definitions are commonly accepted within the medical community, or whether there are other schools of accepted definitions.</p>
<p>14.	Ask whether they&#8217;ve reviewed any medical literature or textbooks prior to coming to the deposition.</p>
<p>a.	Did you bring any with you?<br />
b.	Which ones did you review?<br />
c.	What did you learn from the article? Did it support your position here, or was it contrary to your position?</p>
<p>15.	Finally, but not last, ask about credentials, schooling, licensing, board certification- but you should already have this information before your deposition when you research the defendant doctor. I always advocate doing a Google search on the physician to see if they&#8217;ve authored anything or if there&#8217;s anything out there online that&#8217;s worthwhile knowing. I recently learned from an online search where the defendant doctor was fired from his residency and sued the chairman of his department. Needless to say, this information proved very useful at deposition.</p>
<p>___________________________</p>
<p>There have been many books written about how to conduct depositions. The most important factor about taking a doctor&#8217;s deposition has, in my opinion, been the experience of the attorney doing the questioning. Anyone can read from a list of prepared questions. It takes an experienced attorney to listen to the answers and know where you want to go and then develop a strategy on how to get there while protecting your client&#8217;s rights to the best of your ability.</p>
<p>For more information, please feel free to call me, 516-487-8207</p>
<p>Gerry Oginski</p>
<div style="float: left; padding: 0px; margin: 0px; border-width: 1px 1px 1px 1px; border-style: solid; border-color: white; background-color: white"></div>
<p>Gerry Oginski is an attorney with over 16 years of experience handling medical malpractice and injury cases involving car accidents, trip and falls, defective products and medication errors. His consultations are always free. He invites injured victims and their family members to call with any legal questions they may have about their injuries or their accident. The consultation is free, and there is never any pressure or obligation at any time. Call Mr. Oginski today and get the information you need to help you through the legal minefield; 516-487-8207, or visit his website at <a href="http://www.oginski-law.com" rel="nofollow">http://www.oginski-law.com</a></p>
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		<title>Naproxen Lawyer: Aleve Recall Consideration</title>
		<link>http://digi-text.com/archives/2009/01/03/naproxen-lawyer-aleve-recall-consideration/</link>
		<comments>http://digi-text.com/archives/2009/01/03/naproxen-lawyer-aleve-recall-consideration/#comments</comments>
		<pubDate>Sun, 04 Jan 2009 01:04:28 +0000</pubDate>
		<dc:creator>admin</dc:creator>
		
		<category><![CDATA[Legal Tips]]></category>

		<guid isPermaLink="false">http://digi-text.com/archives/2009/01/03/naproxen-lawyer-aleve-recall-consideration/</guid>
		<description><![CDATA[Naproxen belongs to a class of drugs called non-steroidal anti-inflammatory drugs. This basically means it&#8217;s a common pain reliever among the ranks of ibuprofen (Motrin), indomethacin (Indocin), nabumentone (Relafen), and several others you are probably familiar with. Naproxen, which is sold over the counter as Aleve, is used to manage mild to moderate pain, fever, [...]]]></description>
			<content:encoded><![CDATA[<p>Naproxen belongs to a class of drugs called non-steroidal anti-inflammatory drugs. This basically means it&#8217;s a common pain reliever among the ranks of ibuprofen (Motrin), indomethacin (Indocin), nabumentone (Relafen), and several others you are probably familiar with. Naproxen, which is sold over the counter as Aleve, is used to manage mild to moderate pain, fever, and inflammation. It works by reducing the production of pain chemicals in the brain. Naproxen was approved by the FDA in December, 1991.</p>
<p>Naproxen (Aleve) has been very successful because it has a longer half-life than many other drugs, resulting in as long as 12-hour pain relief. Because it thins the blood, it should not be used in conjunction with any blood thinners or blood pressure lowering drugs. Beyond a few cases negative reactions, such as increased rate of lithium toxicity, Naproxen has been enjoyed widespread use without many visible problem.</p>
<p>However, in December of 2004 the FDA issued a press release describing a National Institutes of Health survey. The five-year study, in which Alzheimer&#8217;s Disease patients were administered high dosages of Naproxen, had to be halted early because early in the trial 50% of the patients had suffered heart attacks and strokes. As a result, the FDA advised patients taking Aleve to follow the instructions carefully, avoid exceeding recommended doses, and to stop using the medication after 10 days.</p>
<p>The FDA will be analyzing all available information about Naproxen&#8217;s contribution to the risk of heart disease and stroke. If it finds that the company producing Naproxen and Aleve has produced a dangerous product, further regulatory action may be needed. If you feel you have suffered adversely from the use of Naproxen or Aleve, especially if you have suffered heart palpitations, heart attack, or stroke, contact a lawyer immediately so that your voice can be heard in the eventual verdict.<br />GA</p>
<p><P>To find out why you need a <A href="http://www.hugesettlements.com/articles/dangerous-drugs-lawyer.htm" target=_new rel="nofollow"><STRONG><FONT color=#800080>Naproxen lawyer</FONT></STRONG></A> and read articles about dangerous drugs and <A href="http://www.hugesettlements.com/articles/dangerous-drugs-lawyer.htm" target=_new rel="nofollow"><STRONG><FONT color=#800080>Naproxen side effects</FONT></STRONG></A>, visit our website at hugesettlements.com.</P><br /><P>If you have any questions or concerns about filing a Naproxen lawsuit, please contact a professional <A href="http://www.hugesettlements.com/articles/Pharmaceutical_Malpractice.htm" target=_new rel="nofollow"><STRONG><FONT color=#0000ff>Naproxen attorney</FONT></STRONG></A> right away!</P></p>
<p>
<p> About the Author </p>
<p>None</p>
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		<title>Arraignment in New York Criminal Courts</title>
		<link>http://digi-text.com/archives/2009/01/03/arraignment-in-new-york-criminal-courts/</link>
		<comments>http://digi-text.com/archives/2009/01/03/arraignment-in-new-york-criminal-courts/#comments</comments>
		<pubDate>Sat, 03 Jan 2009 05:03:15 +0000</pubDate>
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		<category><![CDATA[Legal Tips]]></category>

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		<description><![CDATA[
The &#8220;arraignment&#8221; process involves:

Being brought before a Judge in the courtroom
Receiving the &#8221; criminal complaint&#8221; with the crimes charged and the factual basis to each charge
The District Attorney requesting bail or releasing you on your own recognizance (called &#8220;ROR&#8221;)
Pleading guilty or not guilty


The process starts when the court officer brings you from the cell in [...]]]></description>
			<content:encoded><![CDATA[<p>
<p>The &#8220;arraignment&#8221; process involves:
<ul>
<li>Being brought before a Judge in the courtroom
<li>Receiving the &#8221; criminal complaint&#8221; with the crimes charged and the factual basis to each charge
<li>The District Attorney requesting bail or releasing you on your own recognizance (called &#8220;ROR&#8221;)
<li>Pleading guilty or not guilty
</ul>
<p>
<p>The process starts when the court officer brings you from the cell in the back of the courtroom and into the courtroom before the Judge. 
<p>If you were unable to contact your family, friends or an attorney when you were arrested then most likely the court will have a Legal Aid attorney appear  for you. Legal Aid attorneys are in the courtroom at all times to defend the poor, and most times to appear for the unrepresented.
<p>Usually there will be about three attorneys from the District Attorney&#8217;s office in the courtroom.  One of them will read the charges against you and request the court to impose bail at a certain amount or no bail.  If no bail is demanded by the District Attorney then you will hear the word &#8220;ROR&#8221;, which  means &#8220;return on your own recognizance&#8221;.
<p>Bail  is determined according to the crime and your personal information.  At arraignment the District Attorney will have your personal information obtained from their computer searches on you. They call this your &#8221; rap sheet&#8221;.  It will include information about you, such as:
<ul>
<li>Any Prior convictions
<li>Any arrests at anytime
<li>Any  pleas to prior arrests
<li> Parole
<li>Probation 
</ul>
<p>
<p>If your rap sheet is clear of any crimes and this is your first arrest, chances are good that there will be no bail set against you. But even if your rap sheet is clear, if the crime you&#8217;re charged with is serious  (such as involving a large amount of stolen money or violence), bail can be set against you. There are different factors affecting the setting of bail against you, and all are considered by the judge in a matter of minutes.
<p>If the District Attorney requests bail, your attorney should argue that:
<ul>
<li>You&#8217;re not a flight risk
<li>You have family, friends and a job in the state or locally 
<li>The charges against you are improper in some way. 
</ul>
<p>
<p>Your attorney may even get the whole case dismissed if the District Attorney&#8217;s criminal complaint against you is not properly drafted or signed by a proper party.
<p>Getting The Complaint Dismissed At Arraignment
<p>The District Attorney drafts the criminal complaint against you from information received from the arresting officer and the victim of the crime. While you&#8217;re being processed through the Precinct and Central Booking, the arresting officer will fax his paperwork and information regarding your arrest and charges to the District Attorney&#8217;s office. Someone in the District Attorney&#8217;s office will then call the victim and get more information so they can properly draft the complaint. 
<p>The complaint needs to be signed under oath by the arresting officer or the victim. If it is not signed by anyone when you appear at your arraignment then it is  not &#8220;corroborated&#8221; and must be dismissed. So check out who signed the complaint: if it was a person other than the arresting officer or the victim then the complaint should be dismissed. 
<p>Lastly, if the facts of the complaint do not establish each legal element of the crime charged, or the complaint is poorly drafted  then it should be dismissed however, the court usually will give the District Attorney a few weeks to file a properly drafted complaint.
<p><a href="http://www.appellate-brief.com" target=new rel="nofollow">http://www.appellate-brief.com</a> 
<p>Law Offices of Susan Chana Lask 
<p>853 Broadway, Suite 1516 
<p>New York, NY 10003 
<p>(212) 358-5762 
<p>&copy;2004 Susan Chana Lask All Rights Reserved 
<p>
<p>
<p>Susan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title &#8220;High-Powered&#8221; New York attorney. She can be reached at <a href="http://www.appellate-brief.com" target=new rel="nofollow">www.appellate-brief.com</a>.
<p><a href="mailto:sue@aol.com" rel="nofollow">sue@aol.com</a>
<p>
<p>
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		<title>Martial Arts - Krav Maga</title>
		<link>http://digi-text.com/archives/2009/01/02/martial-arts-krav-maga/</link>
		<comments>http://digi-text.com/archives/2009/01/02/martial-arts-krav-maga/#comments</comments>
		<pubDate>Fri, 02 Jan 2009 08:35:22 +0000</pubDate>
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		<category><![CDATA[Martial Arts Center]]></category>

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		<description><![CDATA[Many martial arts focus on one range of fighting and some of the more diverse martial arts may incorporate two ranges of fighting.  The ultimate goal of any martial art is to instil both the skills and the confidence in its students in order for them to be able to defend themselves in a [...]]]></description>
			<content:encoded><![CDATA[<p>Many martial arts focus on one range of fighting and some of the more diverse martial arts may incorporate two ranges of fighting.  The ultimate goal of any martial art is to instil both the skills and the confidence in its students in order for them to be able to defend themselves in a real life situation.  No other martial art does this as effectively as the Israeli system of defensive tactics knows as Krav Maga.  Krav Maga which is a martial art that incorporates all ranges of fighting was created in Israel in the year 1948 by a man named Imi Lichtenfeld.</p>
<p>During the time period that Krav Maga was created, the Israelis were still under British rule and had to find a way to defend themselves, without bearing arms.  In its infancy this martial art was one of the most brutal hand to hand combat systems as it was created to train the military for World War II as well as training the Israeli civilians for anti-terrorism defense.  In 1964 Imi Lichtenfeld retired as a soldier and started to adapt the martial art for normal every day use for civilians.  The association of Krav Maga was created in 1975 by Imi Lichtenfeld and his most accomplished students.</p>
<p>The advantage Krav Maga has over other martial arts is that not only is it extremely adaptable, it is also constantly evolving.  Whatever real world scenarios that may occur, Krav Maga finds realistic defenses for them.  Most martial arts (especially traditional ones) tend to teach rigid curriculums that aren&#8217;t up for discussion or change while Krav Maga encourages its students to find creative ways to use the techniques and even incorporates new lessons learned from real life encounters.  Krav Maga is not a sport!  It is a complete fighting system that was created for street attacks.  There are no rules and students are taught to use anything in their arsenal to be able to defend themselves.  This would include pressure points and vulnerable areas such as the eyes, temples, throat, back of the neck and groin.   This martial art focuses on training its students in a repetitious manner as they hope to instil the instincts needed to survive a street attack.  Cardiovascular and callisthenic training is incorporated into each training session, as being physically fit is a necessity.  The focus of this art is to counter hard and fast.  The faster you can attack your opponent the better your chances of surprising them.  Most martial arts have both specialized weapons defense and training while Krav Maga teaches its students to use everyday ordinary objects as weapons.  The point is how often does a person get attacked in the streets and have a set of nun chucks or a staff to defend themselves with?</p>
<p>When a martial art teaches you to both throw and defend against punches and kicks, teaches you joint locks and ground defense, as well as takedowns and weapons training, it is hard for anyone to use any other words then &#8220;complete system&#8221; to describe it.  The world we&#8217;re living in is getting progressively more dangerous and many of the traditional martial arts, while great for exercise and pleasure, are not used to such extreme conditions.  Krav Maga should be the martial art of choice for anyone looking for a highly effective system to defend themselves.</p>
<div>
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<div class="sig">
<p>Michael Russell<br />
 Your Independent guide to Martial Arts</p>
</div>
</td>
<td>
<div style="padding:0px; margin: 0px 0px 0px 10px; border-width: 1px 1px 1px 1px; border-style: solid; border-color: white; background-color: white;"><img height="90" width="109" src="http://ezinearticles.com/members/mem_pics/Michael-Russell_10500.jpg" border="0" alt="Michael Russell - EzineArticles Expert Author"></div>
</td>
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</table>
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		<title>A Beginning History of Old School Jujutsu - Part 1</title>
		<link>http://digi-text.com/archives/2009/01/01/a-beginning-history-of-old-school-jujutsu-part-1/</link>
		<comments>http://digi-text.com/archives/2009/01/01/a-beginning-history-of-old-school-jujutsu-part-1/#comments</comments>
		<pubDate>Thu, 01 Jan 2009 21:07:49 +0000</pubDate>
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		<category><![CDATA[Martial Arts Center]]></category>

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		<description><![CDATA[Over the next couple of day&#8217;s I will writing an article of the history of Pre-WWII Japanese Jujitsu/Judo. I wasn&#8217;t sure where to start, but here I am so let&#8217;s get started.
I&#8217;m going to start with H. Irving Hancock, who in the early 1900&#8217;s wrote several books on the history of Japanese physical training &#038; [...]]]></description>
			<content:encoded><![CDATA[<p>Over the next couple of day&#8217;s I will writing an article of the history of Pre-WWII Japanese Jujitsu/Judo. I wasn&#8217;t sure where to start, but here I am so let&#8217;s get started.</p>
<p>I&#8217;m going to start with H. Irving Hancock, who in the early 1900&#8217;s wrote several books on the history of Japanese physical training &#038; Jujitsu. I will start with his book Japanese Physical Training written in 1903.</p>
<p>&#8220;Subsequently he studied in Nagasaki, under Inouye San, instructor of Jiu-jitsu in the police department of that city&#8221;.</p>
<p>This was the first time I heard of Inouye. Now if we look at Hancock&#8217;s other book Jiu-jitsu Combat Tricks written a year later in 1904:</p>
<p>&#8220;Exponents of the Tenjin School of jiu-jitsu have developed in all its possible perfection a style of stopping the boxer&#8217;s blow that cannot be surpassed for neatness of execution, effectiveness and swiftness. It is a feat that applies only to stopping a left-hand blow by the boxer.&#8221;</p>
<p>Before leaving this book, the reason for the above two quotes are:</p>
<p>1.) The mentioning of Inouye, the jujitsu instructor of the Nagasaki police dept.</p>
<p>2.) The mention of the system &#8220;Tenjin/Tenshin&#8221;</p>
<p>Later you will see where I&#8217;m going with this.</p>
<p>Another quote that is very interesting.</p>
<p>&#8220;In Japan the full course in jiu-jitsu requires four years time&#8221;.</p>
<p>That seems very reasonable, as I have read that it takes about 15 years to receive a Menkyo Kaiden in Tenjin Shinyo Ryu today. The question is, why so long? I don&#8217;t have 15 years to devote to one art.</p>
<p>At this point I would like to bring up another old book on jiu-jitsu, &#8220;THE YABE SCHOOL OF JIU JITSU&#8221; written in 1904 by Yae Kichi Yabe. In Yabe&#8217;s book he mentions that the system is based on that of &#8220;Tenshin&#8221;. Also in this book is the phase &#8220;Vital Touches&#8221; used to describe Atemi or &#8220;Ate&#8221;!</p>
<p>Professor John J. O&#8217;Brien states that he received his diploma in Jiu Jitsu in 1905 from the Governor of Nagasaki. O&#8217;Brien spent ten years as Inspector of Police in Nagasaki. He was responsible for introducing Presiedent Teddy Roosevelt to Jiu Jitsu as well as instructing Colonel A.J. Drexel Biddle.</p>
<p>Next we move on to Col. Risher W. Thornberry. Thornberry wrote several books on jujitsu from 1905 to 1933. In his first jujitsu book written in 1905, the first page is very interesting. It shows a picture of Prof. Kishoku Inouye, &#8220;Instructor to the Nagasaki Police&#8221;. At the top of the page it reads, &#8220;Jiu-jitsu - As taught by Prof. Inouye to over 2,000 Officers and Soldiers now at the front line.&#8221; Reference to the Russo/Japanese war.</p>
<p>This book was written only a year or two after Hancock&#8217;s book. They both mention Inouye &#038; Tenshin. A definite connection is beginning to develop.</p>
<p>An interesting quote from Thornberry&#8217;s book,</p>
<p>&#8220;Jiu-jitsu has a weapon in the form of &#8220;atemi, or vital touches&#8221;, which may be administered with the thumb, the clenched hand, the elbows, the tows, the edge of the hand, or even with the head.&#8221; Again, the reason for mentioning this quote is the use of the word &#8220;Vital touches&#8221;.</p>
<p>Research shows that Thornberry actively taught jiu-jitsu. One of Thornberry&#8217;s students was Samuel R. Linck. Linck went on to publish a book in 1943 called &#8220;COMBAT JIU JITSU&#8221;. An excellent book. Linck studied under Thornberry in Los Angeles for a number of years. Linck received a &#8220;Master Diploma&#8221; from Thornberry in &#8220;Tenshin Ryu&#8221; dated May 6th, 1935.</p>
<p>In Linck&#8217;s book he offers a brief history of jiu-jitsu.</p>
<p>&#8220;These forms of the art were closely guarded and only taught to the samurai or warrior class, the group now known as the Black Dragon Society&#8221;.</p>
<p>Linck taught a man by the name George Tate. Linck and Tate taught a jiu-jitsu class in Los Angeles. Later on, Tate succeeded Linck as instructor and continued to teach and train in Jiu-jitsu. Tate went on to become the jiu-jitsu instructor for the Los Angeles police department and later conducted class at the L.A. Judo Club.</p>
<p>Copyright 2003 <a href="http://www.thetruthaboutselfdefense.com" rel="nofollow">www.thetruthaboutselfdefense.com</a> &#169;</p>
<div style="float: left; padding: 0px; margin: 0px; border-width: 1px 1px 1px 1px; border-style: solid; border-color: white; background-color: white"></div>
<p>Carl Cestari began his study of the martial arts with judo at the age of 7 under the direction of Yoshisada Yonezuka. During the past forty plus years Carl has dedicated his life to studying the martial arts, hand to hand combat systems, history and religion. He is continually improving himself through his studies. What makes Carl unique is his combination of martial arts, law enforcement, military and real world experience. Carl has been exposed to a multitude of people with a wide variety experience. The following is a list of some of Carl&#8217;s ranks and honors.</p>
<p>Shinan (Founder) Tekkenryu jujutsu</p>
<p>Ryokudan (6th degree) Koshinkai Karate under John Burrelle</p>
<p>Godan (5th degree) Jujutsu under Clarke of the World Jujutsu Fedaration (now defunct)</p>
<p>Sandan (3rd degree) Nippon Kempo under Narabu Sada</p>
<p>Nidan (2nd degree) Judo under Masafumi Suzuki</p>
<p>Shodan (1st degree) Judo under Yoshisada Yonezuka</p>
<p>Shodan (1st degree) Shukokai Karate under Kimura, Kadachi and Yonezuka</p>
<p>Shodan (1st degree) Daitoryu Aikijujutsu</p>
<p>Instructors Certificate- Charles Nelson System of Self Defense under<br />
Charlie Nelson</p>
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		<title>The Need for an Auto Accident Lawyer</title>
		<link>http://digi-text.com/archives/2008/12/31/the-need-for-an-auto-accident-lawyer/</link>
		<comments>http://digi-text.com/archives/2008/12/31/the-need-for-an-auto-accident-lawyer/#comments</comments>
		<pubDate>Thu, 01 Jan 2009 04:11:14 +0000</pubDate>
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		<category><![CDATA[Legal Tips]]></category>

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		<description><![CDATA[Generally speaking, an auto accident can definitely be a big headache. In a minor accident, you can just handle your claim on your own. However, after having been involved in a serious auto accident, hiring an auto accident lawyer is the rightmost thing to do. After all, you can expect your lawyer to be your [...]]]></description>
			<content:encoded><![CDATA[<p>Generally speaking, an auto accident can definitely be a big headache. In a minor accident, you can just handle your claim on your own. However, after having been involved in a serious auto accident, hiring an auto accident lawyer is the rightmost thing to do. After all, you can expect your lawyer to be your most trusted partner in getting the proper compensation you truly deserve. Remember that without a legal counsel, you might be able to endure the difficulties in the legal process.</p>
<p>As we all know, lots of auto accidents happen every day. And the first few days following the incident are the most important in proving your personal injury claim. Why is this so? It is actually because of the fact that during these days, everything that has happened is still fresh in your mind and you can easily document what has happened, the injuries and damages that you&#8217;ve endured, and how it affected you financially and physically.</p>
<p>When you really want to prove your auto accident injury claims, you can also go back to the place where the accident has happened together with your auto accident lawyer. You can then take photos of the scene and note anything that may have contributed to the incident. You might also be able to locate a witness in the crime scene during your visit. I must say that these instances make an auto accident lawyer an unfavorable need in the community.</p>
<p>When you need the services of an auto accident lawyer, to find one is pretty much easy by asking for recommendations. Even if you have no idea about an attorney or legal counsel on auto accidents, your friends or co-workers might have someone to recommend to you. You can also look for one through online referral services just by having a quick search on the Internet. You can also try asking for referrals from a lawyer you know because he definitely knows someone who can help you out in your case.</p>
<p>After having a list of auto accident lawyers, set up a meeting with him. Through this, you will be able to get to know the lawyer and in return, he will also be able to evaluate the possibility of your case for a large compensation. You have to feel comfortable with him during this meeting. If you feel the other way round, then you have to look for another one.</p>
<p> About the Author </p>
<p>For your questions and suggestions and for more information regarding this article, log-on to <a target="_new" href="http://www.personalinjurylawyerinc.com" rel="nofollow">http://www.personalinjurylawyerinc.com</a></p>
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		<title>How To Make A Successful Car Accident Claim</title>
		<link>http://digi-text.com/archives/2008/12/31/how-to-make-a-successful-car-accident-claim/</link>
		<comments>http://digi-text.com/archives/2008/12/31/how-to-make-a-successful-car-accident-claim/#comments</comments>
		<pubDate>Wed, 31 Dec 2008 10:08:28 +0000</pubDate>
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		<description><![CDATA[A car accident is never the same, similar but never the same. So logically a car accident claim can never be the same. Accidents do on the other hand occur in the millions every year, however making a successful compensation claim is difficult to get right if you don&#8217;t make the right moves.
All Car Accidents [...]]]></description>
			<content:encoded><![CDATA[<p>A car accident is <i>never</i> the same, similar but never the same. So logically a <i>car accident claim</i> can never be the same. Accidents do on the other hand occur in the millions every year, however making a successful compensation claim is difficult to get right if you don&#8217;t make the right moves.</p>
<p><b>All Car Accidents Are Unique</b></p>
<p>There&#8217;s one thing you need to beware of and that is accident &#8216;management&#8217; companies either attending the scene or hospital. Theses are salespeople who work on a commission basis. You always have the good and the bad ones. Your job would be to distinguish the good from the bad.</p>
<p>99% of the time, these people will want your injury claim. Even if it means by-passing the small print! Another thing to note is, never listen to previous case success stories. What happened in the last case can&#8217;t be guaranteed in your case. So don&#8217;t fall for the money, settlement time or success stories. </p>
<p><b>Tips To Make A Successful Car Accident Claim</b></p>
<p><a href="http://www.100percent-compensation.co.uk/articles/car-accident-claim.html" rel="nofollow">Car accident injury claims</a> are major players in the &#8216;personal injury litigation&#8217; market. They are straightforward as liability is admitted and vital information is exchanged at the scene. Information such as driver and insurance details, where the accident took place, when and how. If the police attend the scene, both parties will be given a producer, which states that the accident did occur. Further from there it will be logged on the national database for any inquires.</p>
<p><b>Now For The Secrets&#8230;</b></p>
<p>A &#8216;quality&#8217; accident solicitor will explain the procedures in &#8216;full&#8217; and then ask if you have any questions. Don&#8217;t ever say <b>NO!</b> You could be falling into a trap. </p>
<p>Do ask these important questions such as&#8230;</p>
<p>&#8226; Will I get the <i>&#8216;whole&#8217;</i> of my compensation? If yes&#8230; continue<br />
&#8226; Will I need to pay a fee? If no&#8230; continue<br />
&#8226; Do you recover costs from the other side (i.e. people at fault)? If yes&#8230; continue<br />
&#8226; Would I need to pay anyone any money once my claim is settled? If no&#8230; proceed.</p>
<p><b>Passengers In A Car Accident</b></p>
<p>Passengers are innocent victims in a vehicle and can be from either, the fault or non-fault side. Passengers are not in-charge of the vehicle at hand. Therefore they can always make a successful compensation claim provided they have been to a hospital or visited a doctor. </p>
<p>A passenger can be in the form of, a husband, wife, child, cousin or a friend, at fault or not, they are entitled to <a href="http://www.100percent-compensation.co.uk/articles/car-accident-claim.html" rel="nofollow">claim compensation</a>. They can make a claim against the people who have hit them whilst in the car. </p>
<p>Liability acceptance for an accident can cause confusion in itself. Do you think it was your fault?</p>
<p>Either way, you can still make a successful claim!</p>
<p>If on the other hand you are the driver and it <b>is your fault</b>, then you won&#8217;t have any success of making a claim, however, the passengers will. </p>
<p><b>Payment Factors</b></p>
<p>There are circumstances where compensation payments are reduced for a number of reasons. The most common ones are for not wearing a seat belt, which marginally reduces the payment by 25%. Another major factor is for drink driving. If a passenger knowledgably knew the driver was unfit to drive due to excess intoxication, a reduction will be made accordingly. </p>
<p>There are cases where the driver admits part liability on a proportion basis. Generally it&#8217;s 50/50, but it needs to be assessed by an investigator who will examine who&#8217;s at fault before concluding. There are even some cases that result to 80/20.</p>
<p><b>Decision Dilemmas</b></p>
<p>You <b>DO NOT</b> need to hold back thinking it was your friend&#8217;s or family&#8217;s car. They pay insurance premiums every year to ensure if anything happens, they&#8217;re covered and so are their passengers. You also need <b>NOT WORRY</b> if you were in a taxi, bus, train or any other form of public transport. You can still proceed with an accident compensation claim, as the drivers are insured, as is the taxi, train and bus driver. Companies pay thousands every year in insurance premiums to cover passengers for these unfortunate accidents and injuries.</p>
<p>On speaking to a <i>quality</i> car accident solicitor will you be able to eliminate doubts in your head about payments, fees and procedures!<br />
 It&#8217;s easy to proceed with a <a href="http://www.100percent-compensation.co.uk/articles/car-accident-claim.html" rel="nofollow">car accident compensation claim</a> and gain maximum results without the hassle, costs and confusion. Discover the 12 revolutions of the new 100% Compensations&#8217; for <a href="http://www.100percent-compensation.co.uk/articles/car-accident-claim.html" rel="nofollow">car accidents</a> at http://www.100Percent-Compensation.co.uk</p>
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