lvmg1803

[lvmg1803]

Solid Information About Good Personal Injury Ideas And Tips

If you've just realized you have an injury case, no doubt your head is spinning. It's crucial you have information and knowledge, and this article provides that. Continue on if you wish to learn what you're able to do when you need to win a case.

Your state's Attorney Bar Association is a great place to find a personal injury attorney. They can give you referrals for local lawyers, plus you can do your research there.

Scour the Internet for leads on personal injury attorneys in your area who are reputable and successful. That way, you will have lots of information with which to decide. Look for a lawyer who has experience with other similar cases and proper qualifications.

Meet with a number of lawyers before hiring one. Most will consult with you for free to consider the case. At these consultations, you can ask about costs and figure out if they are someone that overcharges or adds extra fees.

A lot of attorneys with questionable backgrounds use flashy ads to draw in crowds; you should avoid these lawyers regardless of their tempting ads. Apart from the bad stigma surrounding over the top ads, it's hard to determine how honest a lawyer may be based solely on a tv ad. Never commit to working with an attorney until you have met in person.

You should get a retainer agreement once you decide to hire an attorney. This lets you see all of the charges that you will have to pay in advance. If you are unable to pay a large amount up-front, your agreement should include your payment terms, and be sure to include a severance clause in case wish to part ways for any reasons.

Talk to the right authorities if you sustain a personal injury. Communication is critical during the days and weeks following an injury. If you are injured during work, let your supervisor know asap. If you get hurt while driving or as a pedestrian, contact the police and if need be, the ambulance.

Those who are considering representing themselves in a personal injury case would be wise to discover all policies the defendant has. There may be a few policies you can make claims against. If they don't want to provide the information you need, you can get an affidavit that will make them.

Bring copies of all your paperwork to your first meeting with a lawyer. Any documents issued by the police in relation to your accident are essential. Having all of your documentation in order will help to give the lawyer the best overall picture of your case.

Don't give an official, recorded statement to anyone before you have hired your own attorney. Whatever is said can be used as evidence should the matter go to trial, and you must consult with an attorney in advance.

Make sure you are very familiar with all aspects of your injury case process. Speak with your lawyer, and tell him or her that you want to know of everything you should be doing. Mostly, this includes providing the right paperwork and maintaining contact with any insurance adjusters so the both of you are able to discuss your claims.

People get burns often, particularly if you work or cook near a source of heat. Avoid treating your injuries with ice or excessive cold, choose a lukewarm temperature instead. This will help the pain.

You need to consider numerous factors when in the process of filing your personal injury lawsuit. First, determine how severe your injury is. Next, you should consider your damages, including lost wages and medical expenses.

Let your lawyer know what sort of communication you expect. They're so busy, yours may get lost. Let your lawyer know you expect to stay in touch on a weekly basis before you hire them. Lay the ground rules at the start of the relationship.

Understand the process and steps that you have to take during your lawsuit. Talk to your attorney about what is involved, and search online for information about how the case may progress. You will never be caught off guard if you have prepared yourself well ahead of time.

Even if your personal injury suit appears to be simple and easy to win, take the time to talk to a lawyer. There are many details and legal jargon that you might find confusing, and a simple misunderstanding or wrongly filed document can end up costing you your case.

If you know anyone who has dealt with personal injury cases before, ask them which lawyers they hired. Speak to your family, friends, co-workers and neighbors. Once you receive a few referrals, make appointments to get free initial consultations. When you have a consultation with a lawyer, he or she can let you know if your case will probably be won or not. Be aware of any attorney that guarantees victory. Since there are no certainties, move onto a different lawyer if this is communicated.

Do not hire any attorney that encourages you to falsify your claim. While you may be tempted to exaggerate things, that can come back to really hurt your case later. Jurors look down on those who are not telling the truth.

It is possible that you will be compensated for both the injury and the resulting pain caused by it. However, this is a difficult category to define, so it is important to take pictures of your injuries and to write down a personal account of what you went through after the accident. This documentation should be given to your attorney to be used in your trial.

Before hiring any type of lawyer for a personal injury, find out whether or not this person will help you with a settlement or if they prefer to go to court. This can give you a good idea of the results that you may face. The answer may have a significant effect on your reward. If your lawyer has a reputation for settling before trial, you probably won't get as much money.

Now you understand how to help your case. You need to begin the hiring process for your attorney, and it pays to utilize the information found above. There is much to do, and even more is at stake.

Useful Advice On Dealing With Legal Issues Regarding Personal Injury. What follows a personal injury is often overwhelming, scary and stressful. When you understand the legal process, it can become easier. Read on for great tips on dealing with your personal injury.

Detail the injuries you suffered clearly. Make sure to list any and all injuries that you sustained or think that you might have sustained from the accident. Include any bruising that happens within a couple of days of your accident. Do not underestimate the mental impact of your injuries such as stress.

Be sure to take lots of pictures and take notes at the scene of your injury. These will go far to support your case. You, a friend or a member of your family could take these pictures. This should be done immediately to make sure you get accurate pictures.

A lawyer is hired by you, and you are paying for their service. Because of this, they should treat you with respect and give you plenty of time for questions. If you feel uncomfortable or taken advantage of in ways, consider moving on to another lawyer. If you have trouble reaching your attorney, you might want to look for a new one.

Be sure to ask your lawyer any question you can think of at your first meeting. Ask how long the case will take, what you can expect, and whatever else is on your mind. Ask anything you need to so you can be comfortable.

Do not wait to take legal action after you receive an injury. There might be a deadline after which you will not be able to file a lawsuit. Contact a lawyer to find out your options as soon as you can.

When hurt and you are not at fault, hire a lawyer right away. You want things to be addressed quickly. When you hire a lawyer quickly, he will be able to help you gather photographic evidence, take witness statements, and interview parties involved.

When you are injured, you must get to a doctor or hospital immediately. A medical professional has to document your injuries and all the necessary details. Keep all the documents linked to your medical treatment, and do not hesitate to ask your doctor for a written report.

Be sure to retain all receipts in the event you are injured in a mishap. This is proof of how much you have spent for your injury. No receipts will mean you can't prove anything in court.

Speak with a personal injury attorney and see if they have any referrals. Contact these referrals and ask questions about your lawyer's past, successes and experience. If your potential lawyer refuses to give references, then that might be a sign that something is not quite right. You might want to go elsewhere, then.

Determine the responsible party for your injuries. For example, your employer would be culpable in the case of an injury at work. In a different venue, the culpable party would be the responsible party. Find a reputable attorney and discuss all the circumstances surrounding your injury so you can identify the appropriate parties to hold accountable.

Don't say a word! After you've become injured, it is better to keep quite. If emergency assistance arrives, just let them know if you are hurt and what actually happened. Also, you can emphasize if you have any preexisting medical conditions. The less you say, the less there is to be used against you later.

Ask about your doctor's past history. This will give you a good idea of whether or not he or she is successful at trial. While you should be aware that you can not control the outcome of your case, the lawyer that you choose can make or break your success.

If you get into a car wreck, get the other party's information as soon as it happens. Even if you're not sure of whether or not you're injured, something could happen later on. If a head injury gives you a stroke, you should be able to file a lawsuit against the person who injured you.

You need to know if your prospective attorney has trial experience. There are a lot of attorneys who get settlements but don't have that much trial experience. Be aware of this before signing with any attorney. You need to know these things so you can make a good decision.

You need to be honest about your personal injuries and their impact when talking with your doctor. When you lie about how badly you're hurt, you will be wasting everyone's time. It is better to be honest, and give your case the best chance possible.

You have some time, so don't rush into your decision to hire an attorney. It can be tempting to grab the first lawyer who will take your case, but it will pay off in the long run if you take time to weigh all your options. The attorney you choose will be one of the most important factors in your lawsuit, so take the time to find one with the proper experience and track record.

Request witnesses to the accident are present for the trial. You will seem more credible if you have witnesses. Witnesses who are aware of how your injuries occurred can significantly influence the court's decision.

After you get a list of promising lawyers, make sure you meet them in person before making a final decision. That way, you can gauge whether or not you are comfortable with them. Once you get a good one, you'll have a better chance at winning your case.

If you need to hire a personal injury lawyer, get advice from acquaintances who have had personal injury lawsuits. You should talk to your friends, neighbors and co-workers to find out if they know someone who might help you. When you have a few recommendations, schedule a free initial consultation with each attorney. This consultation will allow your lawyer to inform you whether or not they believe you can win your case. Be aware of any attorney that guarantees victory. Your case will have many variables to it, many of which the lawyer cannot control.

Many victims of a personal injury are overwhelmed by legal complexities they face as well as the financial burdens. But with the right legal help, the process of getting compensated for injury doesn't have to be that tough. That may involve hiring professional legal help. Above all else, it is important that you are prepared and knowledgeable about the personal injury court process if you want to be successful.

[lvmg1803]

Getting The Law On Your Side When Dealing With A Personal Injury

Has another person's recklessness injured you? Are you overrun with bills you can't pay? If this has occurred to you, then you can pursue a personal injury case. Keep reading the following tips to get some great advice concerning winning your case.

When looking for an injury attorney, review online resources. Don't just choose the lawyer on the television ad. That is not the smartest choice.

Television ads are not the best way to decide on a attorney to handle your personal injury case. This could cause major problems. You should always find out as much as you can about an attorney before hiring them. If you don't, you may live to regret it.

You should choose a lawyer who has plenty of experience with personal injury cases. Attorney's specialize in many different aspects of the law. If they have expertise in the area that you need, they will have a greater chance to win your case. If you don't, you're taking a huge risk.

Be sure that you contact the authorities in the event of a personal injury. If you suffer an injury while at work, tell your boss right away. Be sure to call 911 immediately if you are hurt while driving, cycling or walking in or near traffic.

Don't move your vehicle that has been in an accident until someone from law enforcement says to. If you move your vehicle before an officer gets on premises, the other party may not be liable for any damages to your vehicle. The only time this must happen is in a busy street.

Don't apologize following an accident. When the case goes to court, they can use that statement to prove the incident was entirely your fault. Regardless of how you feel about the situation, make sure you are careful about what you say.

When it is time for your free consultation with an attorney, bring copies of any important documents pertaining to your case. These may include police reports, photos, medical records, and letters from the insurance company. This paperwork will be helpful in making your case clear to prospective personal injury attorneys.

Detail all of the expenses that you have incurred because of your personal injury. This includes going to see a doctor, how your property may have been damaged, how much time you've stayed away from work and any other things that have cost you. You're not going to be able to include these things in your lawsuit if you haven't documented them properly.

When you are hurt, you must visit a hospital or doctor as soon as you can. Documentation is your proof in your personal injury case. These records can help you make a strong case, and not having this information can be damaging.

If you have been injured in an automobile accident, write down all the details you remember to give your lawyer. Take down the license plate number of any other cars at the scene. You should always get the names of all insurance companies. Get copies of police reports or tickets given at the location of the accident. These documents will help you build a strong case and increase your chances of getting positive results quickly.

It is always best to remain as silent as you can regarding your accident so that you do not accidentally incriminate yourself. Don't share too much once hurt. Tell the medical technicians where you are injured and the basics of the cause. It is also okay to share family and medical history. Don't give them evidence which can be used in your trial.

Most businesses have insurance policies and other agreements to help avoid the cost of a personal injury suit. If you've been hurt at work, you need legal advice ASAP. All calls from your workplace need to be forwarded to your attorney. Doing this will help ensure everything is properly documented, which will give you the best chance of winning.

You should know all about the different processes involved in your case. Your lawyer should be able to fill you in on the details. A lot of what must be done involved a lot of paperwork and meetings with an insurance adjuster to discuss the claim.

Be completely honest with your physician regarding your injuries and any pain or discomfort you feel. Don't try to exaggerate your injuries to get a bigger settlement. The doctor may end up putting you through painful treatment that are unnecessary or even dangerous. You should be entirely honest and assess the impact of your injuries carefully before going to court.

You should always be patient when choosing which attorney you need. While many lawyers will pressure you into contracting with them right away, you need to check out the background of anyone you want to hire. The lawyer you pick is going to be an important part of your suit, so make sure you find the time to seriously look into a lawyer's track record and experience.

Don't throw away anything related to your personal injury. Remember that prescription receipts, along with receipts for anything else you must purchase to manage your injury may be very valuable to you. Without a paper trail, you won't be reimbursed.

Is your attorney one who likes settlements or trials? Learn the number of cases that have gone to trial versus how many were settled out of court. This can have a big impact on how much you receive for your claim. If your lawyer has a reputation for settling before trial, you probably won't get as much money.

When you are hurt, go to your doctor immediately. Sometimes an injury will not cause you pain until a day or two has passed. Regardless of you having pain or simply feeling like you are potentially hurt, see a doctor and document your visit.

Clearly, you are not required to do without what you need. There are steps you can take if you are the victim of someone else's negligence. Take advantage of the knowledge you've just been given, and get the compensation that you deserve.

[lvmg1803]

Great Ideas About Personal Injury That Anyone Can Use

If you are injured, the process of taking a case to court is not fun, but it can make the difference in your long term health and financial well being. It can also assist in making the world a safer place for someone else. Use the advice below if you have been injured and don't know what to do.

It is important to make your accident report as detailed as possible. Do not forget anything, including small cuts and bruises. Remember to take note of any bruises, bumps and other symptoms that may appear as time passes. Also think over what kinds of mental problems you're facing, like not being able to drive because you're afraid to.

If you have a personal injury situation, it can be rough finding an attorney. Find a lawyer who is experienced and who has won similar cases before. It takes a ton of knowledge to win these cases, so the more experienced they are, the better.

You are paying an attorney for his service, so he should treat you respectfully and give you plenty of time to ask questions. If your lawyer brushes you off and doesn't respect you, fire him and find a new attorney. Also, if you are having a hard time getting ahold of your attorney, you should consider finding a new one.

It is important to find out all the other party's policy information if you plan to represent yourself. There may be a few policies you can make claims against. If you ask and they are not willing to give you this information, then consider getting an affidavit to compel them to divulge this information.

Make sure to bring all pertinent paperwork when you go to meet a prospective attorney. Included in this documentation should be medical records, medical bills, correspondence with insurance companies and police reports. These documents can assist your lawyer, so he can determine whether he can take you on.

Get the contact information and name of everyone who saw your accident. Court cases can take some time, so it's important that your lawyer gets accurate statements as soon as possible so they can be prepared. This information will come in handy at a later date, so it must be gathered as quickly as possible.

It is not uncommon to have back pain. If you find yourself suffering from back pain, try applying a hot bottle wrapped in a towel and gently applying it to the painful area. If you add to the strain, you may cause lasting damage unnecessarily. Then you can consider a lawyer.

Understand that simply having a great personal injury lawyer doesn't guarantee that you will receive money almost immediately. These things can take some time. The case can even last for years in some of the bigger cities. Know this up front so you aren't surprised down the road.

The location of your lawyer's office is very important. An attorney who has an office right in your vicinity is often an excellent choice. They can't mess around if they're near you. You can easily drive to the lawyers office and communicate quickly about any changes in your case.

Write down everything that has cost you when dealing with your personal injury. This includes doctor visits, damage to the property that you own, time that you missed at work as well as anything related to the injury. You will need proof if you head to court, and failure to do so will be considered when it comes time to make a judgement.

Identify the parties who are responsible for your injuries. If you got hurt at work, you are probably able to inquire about a settlement, but that changes if you got hurt elswhere. Contact an attorney to evaluate your case and determine how to proceed.

Refrain from talking so much about your injury. After you've become injured, it is better to keep quite. Tell the medical professionals you deal with about your pain, what happened (but not, "My idiot boss caused my injury!") Also, do answer any medical questions they may have. If you say too much, it may be used against your case later on.

Sometimes, it can be easy to trace why you are feeling certain kinds of pain. If you have expended more energy than usual, you will likely feel it in the morning. If the pain does not dissipate within 48 hours, then it is important that you seek medical assistance.

Always allow your attorney to handle any communication between you and the insurance company. This will hurt your chances of winning the case when all is said and done. Speak to your lawyer before speaking to anybody at the insurance company.

Talk to your doctor about what is happening and how much pain you feel from your injuries. Do not be tempted to exaggerate your case in the hopes of a better settlement. Doing so is illegal and receiving treatment for conditions you don't have can be physically harmful. You should be entirely honest and assess the impact of your injuries carefully before going to court.

You need to understand the process when dealing with an insurer. The more you know, the better you can deal with all the things that come your way. If you don't feel good in dealing with insurance processes, get a lawyer that you can trust.

If you need to hire a personal injury lawyer, get advice from acquaintances who have had personal injury lawsuits. Speak with neighbors, co-workers, relatives and friends. Meet with the lawyers your friends mentioned to get prices. As you discuss your case with the lawyer, you will hear whether or not you have a good case. Avoid a lawyer who guarantees your case can be won. There is no such thing as a guarantee in legal matters.

It's in your best interests to go through the temporary difficulties of dealing with doctors and lawyers in pursuing your personal injury case. Hopefully, you now have the information you need to help you win your case. Avoid missing court, listen to what your lawyer says, and you should prevail.

[lvmg1803]

Win Your Personal Injury Case By Finding The Perfect Attorney

Trying to take on a personal injury case all by yourself can be overwhelming and not the brightest idea. Look over the following article that can guide you through a personal injury claim and help you win it. Look to the professionals for advice and keep fighting until you achieve the desired outcome!

Look towards your friends and family members for advice on the personal injury attorney to choose. Make sure that they know someone who specializes in this field or who has successfully represented them in the past. This will give you the best chance for success in regards to your particular case.

Do not just take a personal injury lawyer's word for it when it comes to their record. Talk to some of their clients, and ask the lawyer for a written record of their practice. This will give you a good idea as to how often this lawyer wins and what type of money he is used to dealing with.

Don't call an attorney and hire them over the phone just because you have watched their television commercial. This is sure to end badly. If you're considering a television lawyer, make sure you vet them properly. Just going by advertising can often saddle you with an inexperienced attorney. Plus, slick marketers are often slick when it comes to billing you.

When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you're interested in.

When you are considering a settlement for a personal injury lawsuit, give yourself enough time to make a good decision. There is no reason to be overly eager to settle or give in to pressure from a claims adjuster who may want to tempt you by offering a quick payment (site).

Look for a personal injury lawyer that'll work on a contingency fee. This means he or she will cover all costs associated with the case and be paid at the end through a percentage of any settlement. You may need to shop around to find the right one here, as some lawyers may be more comfortable with working your case like this than others.

One reason why getting to your trial quickly is beneficial to your case is that you will be able to get the money to pay your medical bills as they come due. Obviously, you can't be in court if you're still laid up in the hospital, but as soon as you can get there, you should get it over with.

If the claims adjuster seems to be trying to get you to make a quick settlement, and you are uncomfortable with that, it may be time to hire a personal injury attorney. Getting something over with quickly usually isn't the best route to take. In fact, doing so usually means that you won't get a fair settlement.

Do not apologize for getting injured. The other party can use this to assert that you are responsible for the accident. Even if you're wrong, you should wait before apologizing.

It can be frustrating to sustain a personal injury that is in no way your fault. Personal injury lawsuits ensure that someone pays for the injuries that you have sustained. Having a free consultation with a personal injury lawyer can really help to put your mind at ease about who is going to pay for your injuries.

Come up with a monetary amount that will cover your injury. Do not simply pull a number out of the air, but instead, come up with an amount that is fair. Consider any lost wages, doctor's costs, the cost of your vehicle if it was damaged, too, and any other costs involved with your injury.

Sometimes, it can be easy to trace why you are feeling certain kinds of pain. If you exerted more physical energy than you are used to, you will probably feel it the next day. There is no need to worry unless your pain is very intense and/or does not subside within a few days.

No matter how simple your personal injury case seems to be, don't go through it without a lawyer. Sure, they are going to take a pretty big percentage of your settlement, but that is much better than you ending up with nothing! Insurance companies love to see the little guy representing himself in court; don't be a victim twice!

If you need to hire an attorney for your personal injury case, try to get referrals from your family and friends. This is going to be a great source of information for you. Your family and friends will have the personal experience of working with an attorney that cannot be found from reading online reviews.

It is best to find a lawyer that has a lot of experience in the area of personal injury law. While it may be tempting to choose a newer lawyer with smaller fees, the fact is that he may not know as much as a more seasoned attorney. This could come back to hurt you in the end.

Even if you hire a personal injury lawyer, remember that this is your case. You don't have to simply sit back and wait for someone to get in contact with you. Communicate often with both your lawyer and your insurance company to stay up-to-date about proceedings. Take an active role so that nothing slips through the cracks.

You should not expect a quick victory nor hesitate to spend plenty of time preparing your personal injury case. Applying the tips from this article will give you the advantage you need to win your case. Ultimately, you are seeking full compensation and perhaps accident prevention for others.

https://uitvaartverzekering-vergelijken.org/dela-uitvaartverzekering/

[lvmg1803]

Expert Advice About Personal Injury That Really Help

If you have suffered a personal injury, no matter how big or small, you deserve to be compensated. You can win even more on a settlement if you've been using your hard-earned money to handle medical bills and other expenses. Don't be shy, sue the offending party! The article you are about to read provides great information that will educate you on personal injury law.

When in a car accident, write down what happened as soon as you are safe to do so. For example, what you were doing when it happened, how you are hurt, what damage there is to your car, what damage there is to the other car, and what you think caused the accident or how the other driver was at fault.

Never let anyone that is at fault for your injury convince you that you should take a payout without contacting an attorney. The amount they offer may sound fair, but they is no real way to be sure of that without contacting someone that knows exactly how much your damages are worth.

Look online for attorneys with glowing reviews. Take the time to compare different lawyers and look for reviews written by clients. Look for an attorney that is experienced with your particular case.

Examine all forms closely before filing to avoid potential delays. One typo or incorrectly filled out area of a form can have an impact on your case. Read all documents thoroughly, including the fine print, before letting them out of your hands. Check that all names are correctly spelled, and all dates are accurate. Make sure you also keep copies of every document for yourself.

Take a second to ask your friends and family about any recommendations that they might have. Personal injury lawyers come in all shapes, sizes, and varieties: you might need a trusted friend's opinion to find the right one for you. Make sure it's someone you know is trustworthy and has no financial motivations.

If you have to travel to meet your lawyer, you'll be paying a ton in gas bills and taking too much time out of your day. Choosing someone local is a solution to these problems, plus you'll know for sure they understand local laws and will be able to attend your court dates: https://myfriendscallmecat.tumblr.com/.

Hire a lawyer located where the court your personal injury trial will be playing out is located. This ensures they can easily get to the court for your dates, plus they know the local laws and understand them to a "T". They may also be familiar with the judges and their personalities, which can benefit your case.

Choose a lawyer who appears to care about you. If they really feel like you've been wronged, they'll put that passion into winning for you. If they seem aloof or distracted, they're not going to put as much effort into your case. The more they care, the better your chances are for a win.

If you think your case is a slam dunk win, you are likely to be able to find a lawyer who will work on a conditional contract. These contracts state that you only pay the lawyer's fee if they win the case for you. While you'll end up paying more, this ensures you're not out if you lose.

Keep all the advice you get about your situation in mind and discuss it with your lawyer when you appoint one. Many other people, including your friends, family and coworkers, have experienced what you are going through and can offer helpful advice. Keep these things in mind as you work on your case.

Talk to your lawyer about working on contingency. This means that rather than an hourly rate, you pay the lawyer based on the amount of your settlement. This method will allow you skip the initial costs, meaning it is easier to get a good lawyer.

If you are seeking a personal injury attorney, consult with an attorney that you already know and trust. If you have someone who has represented you in a real estate transaction or drawn up a will for you, that is a good starting place. While this person might not take personal injury cases, he might be able to refer you to a trusted colleague who does.

When dealing with personal injury attorneys, make sure the one you hire believes in your case. If he or she seems to be mumbling through the case and just going through the motions, you may need to look for somebody else. Make sure the lawyer is as fired-up and angry about your pain and suffering as your are!

You should talk with several personal injury lawyers before you decide which one you would like to represent you. Many people make a judgement on this too fast, and they end up with a lawyer that is not as good as they had hoped for. It mat take a while, but it will be worth it to explore a few options.

Speak with your lawyer about what their history is like. Find out if he has had cases such as yours in the past. Learn whether or not he won those cases and whether or not they went to court. This is critical information because you need a lawyer who is able to get you the compensation you deserve.

When you are looking for your personal injury lawyer, make sure to find one that specializes in this area. You should also find a local lawyer. A local lawyer will be concerned with the outcome because he has a reputation to maintain where you live. He will work harder to make sure you win your case.

A lot of injury victims don't believe that they're entitled to compensation, but if you've been injured, the first thing you need to realize is that you definitely do have legal recourse. This article has touched upon the basics of personal injury cases. There are a variety of tips to be wary of and this article has some great ones: https://liiiiiiimeta.tumblr.com.

[lvmg1803]

What You'll Need To Do If You've Been Injured

Are you the victim of personal injury? Personal injuries are common and million of people have to deal with this kind of situation each year. In addition to the pain, these people typically have to engage in legal recourse, which can be overwhelming. Ask an attorney (arbeidsrecht advocaat Amsterdam) for help.  Learn more about personal injury lawsuits by using these ideas.

Even if you are in an accident and you do not feel like you are injured, go see a doctor. There are many times that injuries come up later as a result of an accident. Seeing a doctor will show that you had some concerns about your condition early on.

When fighting a personal injury case, a lawyer will have many curve balls thrown at him. That means that only a lawyer with an extensive history in the field of personal injury law will be able to be successful at trial. Look for a lawyer with lots of experience behind him.

Contact your local state bar and ask whether they have any referral services with relevant recommendations. Of course, you still need to spend a few moments researching any referral that you receive. Check the recommendation's background and qualifications prior to establishing contacts. This is a great way to find reputable professionals in the industry.

Never commit to a personal injury lawyer until you have the breakdown of your fees in place. If you are short on money at the time, speak with your lawyer to determine if a payment plan can be set up so that you do not face additional stress after your case.

The personality of your lawyer is just as important as their experience in personal injury law. You need to choose a lawyer who lets you play a role in your case. You should be in touch with them frequently so you can update them on any information you have and vice versa.

Consider the need that you are getting the lawyer for. There are many areas of expertise for lawyers, as it is imperative to find one that deals with personal injuries. Hiring a lawyer that is simply average across the board will not give you the best chance to win your case.

Make sure you ask the right questions if you talk to a personal injury lawyer. Make sure the attorney has experience in personal injury cases and is qualified in your state. Ask what kind of record the lawyer has. You want a successful lawyer, of course, and one who has years of experience, like the ones on this website.

If you have been involved in a slip and fall accident, you will need to have proof of the accident. At the time of the accident, take photographs of the site and get signed witness statements. You should also take note if there was "wet floor" sign at the location.

Look into previous cases that the lawyer has handled. There are many different types of personal injury law, such as medical malpractice, workplace injury or car accidents. Make sure that the lawyer you choose has experience and a good track record with the type of injury that you have. Large out of court settlements, or successful outcomes in a court case indicate that he or she is the ideal lawyer to take your case.

If you have been in an accident, it is important to visit a healthcare provider immediately, even if you don't think you are hurt. Many injuries are not immediately noticed. By visiting a healthcare provide, you can insure that you have not sustained an injury. If you did sustain an injury, the doctor will make note of it in your medical record which can be used in the court of law.

Come up with a monetary amount that will cover your injury. Do not simply pull a number out of the air, but instead, come up with an amount that is fair. Consider any lost wages, doctor's costs, the cost of your vehicle if it was damaged, too, and any other costs involved with your injury.

Interview different lawyers before you commit to any single one. You will want a lawyer that you get along with. You will also want the lawyer that has the most confidence of winning your case.

Do not hire a personal injury lawyer that also concentrates on other areas of the law and can possibly have too many clients. You want an attorney that specializes in personal injury law and can meet your needs. You also want someone with experience who is older and not the young newbie.

If you are unhappy with your personal injury attorney, know that you can terminate the contract. This must be done in writing, but it gives you an out and allows you to find someone else to represent you. Just keep in mind that if you choose to do this, you will still owe your attorney funds for the work he has completed prior to being let go.

If you have never dealt with a case like this before, don't try to settle it by yourself. While you may think a lawyer is expensive, the cost of getting nothing in your settlement thanks to dirty pool in contracts signed will be even higher! Hire a lawyer and do it right: https://www.moolenaar-advocaat.nl.

Keep all the paperwork you have related to the injury. Keep your receipts, prescriptions and ask doctors for detailed reports on your injuries. You might be reimbursed for expenses, but you need a paper trail if you want that.

Take precautions to avoid scams involving lawyers known as "ambulance chasers" by proceeding any recommendation with diligent research. The internet is the perfect tool for performing the needed research and your focus should center around testimonials provided by previous clients and their available history. A good lawyer has been a good lawyer since his or her firm began: there should be enough information online to confirm this.

Personal injury is very serious and can have both emotional and physical implications. If you have been injured, you will need to face the legal system. You may be in physical pain, however, this shouldn't mean your life can't get better. Be well prepared. Get legal representation if the injuries are serious enough and someone else is at fault.

[lvmg1803]

Top Tips And Advice For Dealing With Personal Injury

Nobody can tell what will happen with a court case, but if you've got a great attorney, you have a better chance of winning. In Holland you can find a great legal office at: uitvaartverzekering vergelijken. Implement the tips mentioned as you go through your own personal injury lawsuit. A win means learning all you can.

When you're thinking of getting a lawyer for a personal injury case, you need to have a meeting with a few lawyers before selecting one. Most lawyers will meet with you for free so you can present your situation. This is when you tell them about your case and they tell you about fees.

While it may sound expensive, investing in a "specialist" lawyer is your best bet when it comes to having a personal injury case come out in your favor. This means hiring someone who has a great deal of these type of cases under his belt along with many checks in the "win" column.

At your first meeting with your personal injury lawyer, bring anything that you think is relevant to your case. For example, if the police were involved, bring a copy of their report. If you have spoken with your insurance company, bring any notes that detail what happened with them. All of this information will help your attorney start piecing together your case.

Look for an experienced lawyer. While there are a lot of personal injury lawyers, not all of them are experienced. Personal injury law is extremely complicated, and an inexperienced lawyer may not be able to get you the outcome that you deserve. Look into past cases that they have handled to see if they were able to secure a substantial monetary settlement.

The biggest mistake you can make as a personal injury client is to select the first lawyer who you find. Don't do this! Instead, check out multiple lawyers and firms to find out which have the best track record in the field. The time spent will be paid back in dollars at the end of the case.

Would you get married after your first date? If not, why would you choose the first personal injury lawyer you find in the Yellow Pages? Instead, check out all options in your town and choose the person with the best reputation for winning cases when it comes to personal injury law.

Hire a lawyer (like testament opstellen tips) as soon as possible. If you have been injured, try to start the process of locating a lawyer within a week or two at most. If you have been hospitalized, or are otherwise too injured to do the work yourself, enlist the help of a friend or family member. A lawyer is your best bet for a successful personal injury claim outcome.

There are many reasons why you want your personal injury trial to begin quickly. One is for sympathy: if the court can see you while you are injured, bruises black and cuts still scabbed over, you'll be able to win more sympathy. This means that you're more likely to win.

If you have to miss work as a result of any injury you received, make sure that you let your boss know that this is why you will be absent. Later on you can ask your boss for a statement if you want to sue for any wages you lost as a result of being out.

It can be hard to determine just when you need to get a personal injury attorney on your team. Seek one out if your injuries could impact you for many years to come. In addition, it is a good idea to hire someone if the other party involved does not have insurance or if the two of you do not agree on what happened or who should be held responsible.

If you have been injured in a car accident or at your place of employment, hire a lawyer immediately. You want things to be addressed quickly. By hiring a lawyer immediately, he can collect statements from witnesses, take pictures and interview people involved in the injury.

Be prepared prior to talking to your personal injury lawyer. This is important if you are hiring an attorney using a contingency contract. This is when the lawyer receives fees only if you win, and therefore, they may be reluctant to accept your matter if you conveyed the facts poorly. Practice explaining your case, and gather all the paperwork you will need.

If you are looking for an attorney to represent you in a personal injury case, you should try to get a referral from your state bar association. Make sure to do some checking even though they referred you since there may be something in their history that the state bar has not revealed to you.

If you are injured because of an auto accident or due to the negligence of another, always go to your doctor as soon as possible to determine the specific extent of the injury. The doctor will provide you with documentation that may later play an important part in supporting a lawsuit to obtain compensation.

Be sure you want to do this. If you start a lawsuit, that is going to cost you money, time and a lot of aggravation. You will likely not get a result overnight. So you need to make sure you are ready for the long haul. If you aren't absolutely sure, you want to do this, reconsider: https://www.letselschadeadvocaatblog.nl/.

If you burn yourself, never apply anything to the area except for burn ointment. Some people believe that using toothpaste or other substances will make the area feel cooler. This is a bad idea because you can cause the burn to become infected and even more painful. Avoid doing this!

If you need to hire an attorney for your personal injury case, try to get referrals from your family and friends. This is going to be a great source of information for you. Your family and friends will have the personal experience of working with an attorney that cannot be found from reading online reviews.

There is more to winning your case than hiring the best attorney, but it certainly improves your chances. Use the advice here and listen to your attorney. You might find it tedious at first, but it's all going to be worth it at the end.

[lvmg1803]

Win Your Case By Hiring The Best Lawyer

You probably don't know the complicated inner workings of our legal system like many other people. However, many people will need a lawyer in their life at one time or another and not know what to do. These tips will help you find a lawyer who will work for you. These tips will help you find a lawyer who will work for you: https://www.letselschadeadvocaatmolenkrite.nl/.

Clearly define the issues you face prior to interviewing lawyers. First you must think about if you're really in need of a lawyer. If you have a lawsuit already on the books, need to get a divorce or have been accused of something criminal, you will need legal representation. While your case may not fall into any of these fields, you may still need a lawyer.

Establish a budget before hiring a lawyer. You may have a case, but can you afford it? Be sure you know just how much any lawyer you are thinking of hiring will charge you. Chat with them about the budget you have and what you need to happen. A clear understanding of the financial aspects of choosing a lawyer is important to your case.

Find a lawyer that is trustworthy. This is the most important thing, especially if it is a long-term lawyer. Signing blank checks or paying a retainer fee is something a lot of lawyers request. Remember that hiring the wrong business lawyer can sink you financially. Be sure to cover yourself the best you possibly can.

Always communicate clearly with your lawyer. If your case involves approaching deadlines, make sure your lawyer has all the information needed. The more you work, the easier your case will be.

You need to be totally comfortable with any attorney you decide to hire. Your lawyer should be experienced, intelligent and friendly with you. If you do not feel right about your lawyer, do something and get a new one. Find a lawyer that is trustworthy, like this one in Dordrecht, The Netherlands.

You can succeed when you and your lawyer have a good relationship. It does not matter how experienced your lawyer is, if you don't feel comfortable with them, things are not going to work out. You should trust yourself and choose a lawyer that has a personality similar to your own.

Ask your lawyer if you can do any specific tasks that will lower costs. You might help with paperwork. If you must have paperwork for the county courthouse, see if you can gather them and deliver them yourself. In that way, you won't have to pay your legal staff.

Ask your general lawyer for a referral to a lawyer that can handle your case well. Every lawyer studies different aspects of the law, and you may find that a lawyer is a good person to ask about other lawyers out there. A lawyer that you have a long-standing relationship with is much more likely to carefully consider the best person for you.

Prepare yourself before you meet with a lawyer. They are paid by the hour. You will have to pay for everything, from their advice to paperwork to any calls they need to make. So be prepared when you have to deal with a lawyer by having your paperwork ready and your facts straight. You want things to go quickly.

Search the Internet to find the best lawyer. Nowadays almost every business has a presence online. Peruse the site for signs of professionalism. If the website seems amateurish, it can be a sign of an inexperienced lawyer.

Simply because someone is the best at what they do does not mean you should hire them. You should remember that you will be spending time with them. You need to get along with them personally if you wish for things to work out.This office (advocatenkantoor) may be able to help. You want things to go quickly.Search the Internet to find the best lawyer.

Before you hire a lawyer, you must think about how much time and money you plan to spend. Also, think about whether or not you will have to miss work to deal with your case. Regardless of all that, if you need a lawyer, you need a good one. That takes time and research. Be careful not to spend more on legal fees than you stand to gain.

Try to remember as many details as you can about your initial meetings with all the different lawyers when trying to choose the right one for you. You must think about if their office was nice and clean. Ask yourself if they seemed professional in their appearance and manners. Consider if your emails and phone calls were answered quickly. A lawyer who constantly reschedules appointments is also a bad sign.

Make sure you are honest with the attorney at all times, or you might be in for trouble. Don't leave anything out. Your lawyer needs that information to build a good case. Understand that your lawyer can't discuss anything you share with them.

Make sure your lawyer has a state license to practice law. Licenses are not universal but are on a state by state basis. Advice from a non-licensed attorney doesn't stand up in court. Check with your state licensing board to verify the validity of your attorney's license.

Communication is key to working well with your lawyer. Your lawyer should actually listen to you. Do they provide on-topic answers? Do they spend their time simply talking over your had and not listening to what you have to say? These questions should help you find a good lawyer. If you do not feel comfortable talking with your lawyer, you should seek out a new one.

The communication lines between you and your lawyer must be good. Your lawyer may not know what you expect from them if they take awhile to return your phone calls. If the former applies, then contact your lawyer and let him or her know that you want to maintain contact on a regular basis. If he does not have time for you, then you need to find someone who does. This legal office (advocatenkantoor arbeidsrecht) Navigating the legal system can often feel confusing and overwhelming.

Navigating the legal system can often feel confusing and overwhelming. Hopefully after reading this article you feel more comfortable about hiring a lawyer. If you want to find success in finding a good lawyer that you can trust and respect, you definitely need to put the information that you read above to work for you in your important search.

[lvmg1803]

What You Need To Learn About Getting A Great Lawyer

Are you in need of legal services? Getting a lawyer that works for you can be difficult, but it needs to be done. Use the information in the following article to help you make the best decisions for yourself in an ongoing legal matter: ask advocaten.

It's a good idea to have a retainer lawyer in case of disaster. This will prevent you from rushing to look for one in the case of an emergency. Keeping an attorney on retainer helps give you a resource for legal advice.

Generally speaking, take your lawyer's advice. They are experienced in legal matters, but speak up. If you do not feel comfortable with something they tell you, it is okay to speak up. They should always care about your interests, however, you're just one of their many cases.

Do your due diligence when you are searching for business lawyers. You may get great recommendations as to what lawyer to choose. For example, if you're dealing with small business law, you should speak with a banker, an estate broker, an accountant, and the like. These people interact with lawyers a lot and can give a more informed opinion.

Know what your budget is. Even if you feel fairly confident that your case will prevail, you still need to consider the cost involved. Always request a written estimate of costs, fees and hourly rates. Sit and talk to the lawyer about the budget and whatever you wish to achieve. Know that you may go over budget, sometimes.

Your case might suffer if the workload of your lawyer is too heavy. Therefore, don't hesitate to ask your lawyer if they can put in an adequate amount of time into your case. Your lawyer should honestly communicate your schedule to you. If you find out that they don't really have the time to handle your case properly, then you need to search for another lawyer (an advocaat).

You can find great, local lawyers through online services; however, don't assume these online services screen the lawyers that they recommend properly. Background research will also be required before you hire any particular lawyer.

Have paperwork in order before you meet with your lawyer to save money and time. Your lawyer will be able to calculate a quote and give some helpful advice adapted to your situation. You can reduce fees by being efficient.

Ask if you can do anything yourself to cut expenses. Perhaps you can help in preparing the paperwork for your court appearance. Also, inquire as to whether you can run certain errands for your case so that you aren't billed when someone else has to do them.

When you just want to litigate base on your own principle without regard to money, you will have a hard time finding a lawyer. Putting a dollar amount on a suit will do nothing more than label you as a nuisance who will never be satisfied. Sue strictly for money and let the principle be an extra incentive.

A great method of finding a great lawyer is to seek referrals from friends and family. When a loved one says they trust someone, you can trust them too. Some lawyers can create a will (testament) for you.

Interview several lawyers, even if the first one seems like they'll work. Legal problems can take some time to solve, and that means you'll need to know that you're able to deal with your lawyer. Making a good decision when you start your case will make a world of difference!

Ask yourself some questions about the lawyers you meet. Do they have a well-organized and clean office? Ask yourself if they seemed professional in their appearance and manners. See if they respond to communications in a timely manner. Additionally, consider how they handle appointments. Did you have to wait a long time after your appointment time to see the lawyer?

It is important that you fully understand the fee structure upfront, before paying out any money. Some lawyers want a retainer before they consider your case. These aren't usually for their sessions but for being available to you.

Ask your lawyer what type of cases he has tried. Just because a lawyer says he or she can handle your case doesn't make it so. Ask about their success rates and specific examples of similar cases they have won. You should not choose a lawyer who has no experience with problems similar to the one you are encountering.

Always interview multiple lawyers before hiring a single one. When you interview different lawyers, you get a better idea of what you have to do in order to choose one finally. Additionally, you will be able to weigh costs better.

When you speak to prospective lawyers, see if they have extensive experience in the sort of matter you are facing. This can help you assess whether the lawyer is right for you, and you can get some sense of how the lawyer will represent you. You want to know the lawyer well.

One very important aspect of hiring a good lawyer is finding one whose personality meshes with yours. Is your life something you would trust them with? If you can't, you need to keep looking, no matter if they are affordable or offer lots of experience. You stand a fighting chance if you feel comfortable your attorney.

After you choose a lawyer, try to control costs yourself. Try to not make any unneeded calls and do not send emails that are unnecessary, since your lawyer may charge you for this. You may also want to do some tasks, such as faxing papers or making deliveries, for yourself. It may not seem like much, but this can help you keep the fees to a minimum.

You should not hide any information from your lawyer in regards to your case. The lawyer-client relationship means that whatever you discuss with them is confidential. Even a judge or court cannot order your lawyer to tell anyone what you said to him. Being completely honest with your attorney will enable them to successfully represent you.

Regardless of the nature of your legal matters, they are unlikely to be enjoyable. They often escalate if you lack skilled legal representation. Through this article, you should have gotten some good tips about lawyers and succeeding in court: http://testamentalb.com/.

[lvmg1803]

Wijziging van arbeidsvoorwaarden

Ten tijden van de overgang van de onderneming kunnen de arbeidsvoorwaarden van de betrokken werknemers niet worden aangepast. Na de overgang is het normale arbeidsrecht, als het gaat om de wijziging van arbeidsvoorwaarden, van toepassing. Na de overname herleeft de individuele contractvrijheid

Daddy´s Dance Hall-Westbank University, Nationaal recht is bepalend!

Er geldt alleen bescherming op de datum van de overgang, bijvoorbeeld 1 januari. Per 1 januari mag je dus niet veranderen, maar op 2 januari mag dat wel op grond van nationaal recht:

Bijvoorbeeld goed werkgeverschap, onvoorziene omstandigheden

Bescherming geldt alleen op het moment van de overgang, maar op 2 januari houdt het nog wel verband met de overgang.

Stel, Arbeidsvoorwaarden wijzigen. Werkgever houdt zich niet aan de wet en het loon gaat van 15 euro naar 14 euro per uur. Dan zal men dus een loonvordering indienen (rentes en boetes). Artikel 7.665; ontbinding arbeidsovereenkomst, wijziging ten nadele van de werknemer

Richtlijn spreekt over aanmerkelijke wijziging. Als je ontbinding vraagt en deze wordt deze toegewezen komt deze voor rekening van de werkgever. Zie kantonrechtersformule (verwijtbaar werkloos). Geen Carte Blanche voor de werknemer.

Informatieverplichting van werkgeverskant 🡪 schadeplichtig op grond van onrechtmatige daad, artikel 6:162 BW. Zie: https://www.sducommentaararbeidsrecht.nl.

[lvmg1803]

Hoofdelijke aansprakelijkheid voor de vervreemder van de onderneming

Artikel 7:663 BW regelt de zekerheid van de werknemer voor oude rechten in het kader van de arbeidsovereenkomst. De zogeheten sterfhuisconstructie wordt dus lastiger. De oude werkgever is in principe niet meer aansprakelijk voor wat er is gebeurd per datum van de overgang (zie commentaar van een advocaat arbeidsrecht Tilburg) 

Aansprakelijkheid en ontslag 

Als de individuele arbeidsovereenkomst rechtsgeldig door de vervreemder is opgezegd en de overgang van de onderneming tijdens de opzegtermijn plaatsvindt, dan gaat de werknemer over en wordt de arbeidsovereenkomst beëindigd met de verkrijger zodra de opzegtermijn is geëindigd.

Opzegging, is deze kennelijk onredelijk? Art. 7:681 BW. Dan gaat de verplichting tot betalen van schadevergoeding over op de verkrijger omdat de betrokken werknemer in beginsel nog werkzaam is in de onderneming. 

Arbeidsovereenkomst beëindigd, vóór overname, maar beëindiging vernietigbaar? De vernietiging brengt met zich mee dat de arbeidsovereenkomst blijft voortbestaan en om die reden dan ook overgaat. Toestemming CWI voor overgang 🡪 verkrijger van deze toestemming gebruikmaken. Toestemming CWI na overgang 🡪 kan verkrijger hiervan geen gebruik maken. Dit kan worden voorkomen door deze tijdens de procedure op naam van de verkrijger voort te zetten.

Ontbinding individuele arbeidsovereenkomst door de kantonrechter 🡪 als overgang plaatsvindt voordat de kantonrechter uitspraak heeft gedaan? Door de overgang bestaat er tussen de vervreemder en de werknemer geen arbeidsovereenkomst meer, en ontbinding uitspreken is niet mogelijk met terugwerkende kracht. Zie Hoge Raad ‘behoorlijke rechtspleging. Als de kantonrechter weet krijgt van de overgang van de onderneming moet hij de verkrijger oproepen. Hij kan niet volstaan met het afwijzen van het verzoek op grond van het argument dat het verzoek tegen de vreemder is gericht en niet tegen de verkrijger. Gevolg is dat de verkrijger eventueel aansprakelijk is voor de aan de werknemer toegekende vergoeding: https://www.degraaffarbeidsrecht.nl.  

Pensioenverplichtingen en spaarregelingen

De pensioenvoorziening is een arbeidsvoorwaarde. Werknemers houden de pensioenvoorziening die zij bij de vervreemder hadden of de pensioenvoorziening van de verkrijger wordt op hen van toepassing, conform artikel 9 PW.

Pensioen gaat mee over tenzij er bedrijfstakpensioenfonds is. Bijvoorbeeld de BV Philips verkoopt beveiliging, gaat naar beveiligingsbedrijf, maar valt onder Philips pensioenfonds, dus pensioenrechten vervallen omdat het een beveiligingsbedrijf is en dat niet aanbiedt. 

Ouderdomspensioen

Bij de overgang van een onderneming gaat het alleen om het pensioen dat gerelateerd is aan het bereiken van de gewone (in de pensioenvoorziening bepaalde) pensioengerechtigde leeftijd: het ouderdomspensioen (prepensioen en vut vallen hier buiten). 

Pensioentoezegging gaat over, tenzij artikel 7:664 BW

Dit is het geval wanneer dezelfde pensioentoezegging wordt gedaan die aan de eigen werknemers voor de overgang is gedaan. De werknemers verliezen de pensioentoezegging bij de vervreemder, en verkrijger pensioentoezeggingen die de verkrijger aan zijn werknemers heeft gedaan. De pensioentoezegging kan voor de werknemers achteruitgaan. De verkrijger mag zelf beslissen welke pensioenregeling wordt gekozen. 

Het kan zo zijn dat er voorheen geen pensioen was maar nu wel een pensioen van het bedrijf. Verplichte deelname bedrijfstakpensioenfonds. De rechten en verplichtingen uit de pensioentoezeggingen van de vervreemder vervallen. Waardeoverdracht van reeds verworven rechten kan plaatsvinden. Collectieve arbeidsovereenkomst uitgesloten. Bornnen: https://www.jansenarbeidsrecht.nl.

[lvmg1803]

Gevolgen van overgang van een onderneming

Informatieverplichting

Artikel 7:655 BW geeft aan dat nadat de overgang heeft plaatsgevonden, dezelfde informatieverplichting geldt. De vervreemder is ook aan deze wettelijke informatieverplichting gebonden. Als je in dienst treedt is het daarom belangrijk om arbeidsvoorwaarden schriftelijk te bevestigen. Arbeidsrecht advocatenkantoren kunnen je hier bij helpen. De verkrijger moet dit melden aan de werknemer. Anders moet de verkrijger misschien zelfs een schadevergoeding betalen. 

Een voorbeeld hierin is de zaak: HR Rabobank. Bij overgang van een reisbureau had Rabobank gezegd dat alles hetzelfde zou blijven. Toch waren de arbeidsvoorwaarden wel gewijzigd. Vanuit het goed werkgeverschap bleek men aansprakelijk omdat ze de werknemer verkeerd hadden geïnformeerd. 

Gevolgen voor de werknemer:

-Ontslagbescherming en ETO

Het opzegverbod uit art. 7.670 BW: vanwege de overgang mag je niet worden ontslagen, tenzij de ETO regeling te vinden is in de richtlijn. Dit staat voor: economische, technische of organisatorische maatregelen. Dit staat niet in de wet maar wel in de richtlijn CWI. 

De betreffende werknemer (een aldaar werkzame werknemer) moet verder ten tijde van de overgang in dienst zijn van de vervreemder op grond van een individuele arbeidsovereenkomst. Freelancers en gedetacheerde uitzendkrachten vallen hier buiten. 

Een interessante casus is deze: JAR 2005/67. Het gaat onder andere over de positie van een geschorste medewerker, deze gaat niet mee over. Als een onderdeel van de onderneming overgaat, moet worden vastgesteld welke werknemers er feitelijk in dat onderdeel werkzaam zijn, omdat namelijk alleen die werknemers mee overgaan naar de verkrijger. 

Wanneer een deel van de activiteit werkzaam is op de afdeling, zal aan de hand van de feiten moet worden beoordeeld of zij ook daadwerkelijk mee overgaan. Verder blijkt dat als men gedeeltelijk werkt men niet mee overgaat. Er is een casus waarin de beveiliging werd verkocht maar de personeelsfunctionaris ging niet meer over omdat deze 50% werkzaam was. Een advocaat arbeidsrecht kan hier meer over vertellen.

-Rechten en verplichtingen die mee overgaan.

Verplichtingen die ten tijde van de overgang niet golden omdat de werknemer niet meer in dienst was, gaan dus niet mee over op de verkrijger. Ook de ontbindingsvergoeding die aan een werknemer wordt toegekend en waarbij de ontbindingsdatum vóór de datum overgang onderneming ligt, gaat niet meer over. 

Dan zijn er nog de bedrijfsgebonden arbeidsvoorwaarden, denk aan deelname in de winst, of korting op het assortiment. Het Europese hof heeft aangegeven dat het kan zijn dat de voorwaarden worden gewijzigd maar dat de verkrijger dan compensatie zal moeten betalen. Kunnen de arbeidsvoorwaarden nog in redelijkheid van de verkrijger worden verlangd?

Wat gaat wel mee over? Dit moet ruim worden geïnterpreteerd.  

Een achterstallige loonbetaling van een werknemer die ten tijde van de overgang in dienst is;

Aansprakelijkheid die voortvloeit uit een bedrijfsongeval bij de vervreemder;

Geen proeftijdbeding meer overeenkomen. Alleen als er een nieuwe functie wordt overeengekomen. Opvolgend werkgeverschap art 7.667 lid 5;

Een overeen gesloten concurrentiebeding gaat mee over;

Niet-schriftelijk overeengekomen arbeidsvoorwaarden over op de verkrijger;

Hij zal mogelijk carrièreperspectief wel aannemelijk moeten maken;

Opgebouwde anciënniteit Voor zover het een financiële waarde vertegenwoordigd. Aantal dienstjaren /  hoger loon.

-Tijdstip van overgang: niet de datum van de overeenkomst is doorslaggevend, maar de datum waarvan kan worden gezegd dat de verkrijger daadwerkelijk de beschikking heeft gekregen over de middelen die nodig zijn om de onderneming voort te zetten. 

-Weigering om mee over te gaan art 7:665 BW

In Nederland is er geen widerspruchsrecht. Duitsland kent vaste rechtspraak welke aangeeft dat een werknemer in geval van overgang van een onderneming de keuze heeft bij de oude werkgever te blijven of bij de verkrijger in dienst te treden. Dit is het zogenaamde “Widerspruchsrecht  De werknemer gaat van rechtswege mee over. Je kan als werknemer niet zeggen dat je  niet mee wilt gaan. Wenst hij niet mee over te gaan dan zal hij ontbinding van de  individuele arbeidsovereenkomst moeten bewandelen (risicosfeer werkgever). 

De Hoge Raad heeft bepaald dat  als de werknemer weigert om in dienst te treden van de verkrijger, dan eindigt de  individuele arbeidsovereenkomst van rechtswege, er is dus geen sprake van het door de werknemer opzeggen van de individuele arbeidsovereenkomst. Wel moet hij dit ondubbelzinnig kenbaar maken. Gevolg is wel dat hij geen recht heeft op schadevergoeding omdat de  individuele arbeidsovereenkomst van rechtswege is beëindigd. Voor meer informatie neemt u contact op met een kantoor in uw regio. Bijvoorbeeld een arbeidsrecht advocatenkantoor Maastricht.

[lvmg1803]

De volgende begrippen spelen een belangrijke rol in het ontslagrecht en het arbeidsrecht:

Surseance van betaling, art 214 fw e.v.

Gericht op voortzetting van de ondernemingsactiviteit, wordt direct nadat het verzoek daartoe is ingediend voorlopig verleend door de rechter.

Collectief component, art 14 a wet CAO 

Op de datum van de overgang van een onderneming toepasselijk (verbindend verklaard) bepalingen van de CAO blijven gelden voor de individuele arbeidsovereenkomst van de betrokken werknemers: https://arbeidsrechtadvocaat.org/. Op datum overgang wordt cao onderdeel van de individuele arbeidsovereenkomst en werkt door totdat nieuwe cao komt of oude cao is beëindigd. Algemeen verbindend verklaringen hebben geen nawerking, normale cao die afloopt loopt nog steeds na, dan gelden ze nog steeds en mag je afwijken. 

Medezeggenschapcomponent

De wetgever gaat ervan uit dat de ondernemingsraad bij de vervreemder niet meegaat bij een overgang van een onderneming. Het medezeggenschapsorgaan van de verkrijger dient die belangen van de werknemers die zijn overgegaan te behartigen. Dit wordt vaak gedaan door een arbeidsrecht advocaat. 

In de literatuur wordt hier anders over gedacht, deze stelt dat onder omstandigheden de ondernemingsraad van een overgenomen onderneming na de overgang in functie blijft, namelijk als de onderneming in de zin van de wet op ondernemingsraden in stand blijft (KLM/Cateringservice Jar 1996/228). 

Kernbegrippen: 

Eenheidsovername/Overeenkomst Identiteit Onderneming: het dient een eenheid te zijn, zie art. 7.662 BW. Een organisatie die is gericht op het voortbrengen of leveren van goederen of diensten. Het gaat hier om een economische eenheid met eigen doelstelling en identiteit. Het hebben van een winstoogmerk is niet van belang. Er moet sprake zijn van een organisatorisch geheel dat als zodanig binnen de organisatie kenbaar is. Overigens hoeft dit geen rechtspersoonlijkheid te bezitten. 

Bijvoorbeeld de schoonmaakploeg of de technische dienst. Het betreft de overgang van een eenheid met een economische activiteit. De economische eenheid moet duurzaam zijn georganiseerd. Verder moet er een maatschappelijke waarde worden vertegenwoordigd. De (arbeidsrecht) advocaat zal hier dus een inschatting van moeten maken. Kijk bijvoorbeeld op http://advocaatarbeidsrecht.org/ voor meer informatie.  

In de overheidssector kan een onderdeel van een gemeente een onderneming zijn. Voorwaarde is dat er op basis van een arbeidscontract moet worden gewerkt. Ambtenaren gaan niet automatisch mee over. Dit is wel van toepassing op deprivatisering. De overgang moet blijken uit de feiten en omstandigheden van het geval. De overeenkomst moet ruim worden uitgelegd. Er hoeft niet rechtstreeks een contractuele relatie te ontstaan tussen vervreemder en verkrijger.

Het gunnen van een opdracht, schoonmaak of catering of het overdragen van een pachtcontract van een horecagelegenheid. Let op: alleen het gebruik van de materiële activa van de vorige gebruiker is niet voldoende is om een overgang van een onderneming aan te nemen. De overname wordt ruim gezien! Men koopt bijvoorbeeld het ‘hart’ van iets, zoals een assurantieportefeuille. Dit kan ook in etappes plaatsvinden en kan ook zonder overeenkomst, bijvoorbeeld het cateren in een bedrijf, dan gaat heel het bedrijf mee over. 

Identiteit: het gaat hierbij om een economische eenheid die de identiteit behoud (het geheel van georganiseerde middelen voor het uitvoeren van een economische activiteit). Van belang is dat de identiteit van de onderneming wordt behouden. Dit hangt af van de feiten en omstandigheden die de onderneming of vestiging kenmerken. Er moet een onderzoek worden gedaan naar alle kenmerkende omstandigheden die bij de overgang van een onderneming aan de orde zijn. Een formele overdracht van materiële activa is niet noodzakelijk 

Niet alle materiële bestanddelen hoeven te zijn overgedragen (daar waar belangrijke productiefactor aanwezig is, zoals schoonmaak!) Gelet op de structuur organisatie en de samenstelling van het personeel. Als 50% mee overgaat, moet iedereen mee over! Bron: advocatenkantoor arbeidsrecht.