In recent years, alternative dispute resolution has begun to replace traditional litigation. Now, many Americans no longer get their day in court. However, justice is still very much a part of the legal system, which has shifted towards alternative dispute resolution as a way to make the legal process more efficient.

Alternative dispute resolution involves three graduated stages, which include the following:

• Negotiation

• Mediation

• Arbitration

Alternative dispute resolution is also hailed for several reasons, which include the following:

• Less expensive

• More relaxed

• Protects party autonomy

• Fast-paced and efficient

• Private and confidential

According to the American Arbitration Association, which handles every form of alternative dispute resolution, 95 percent of personal injury lawsuits never make it to trial; and, when it comes to settling personal injury lawsuits, mediation is often the answer.

Mediation is when a neutral third party, the mediator, helps the parties involved in the dispute reach an agreement to settle their dispute. The mediation process often focuses on the interests of the parties involved in the dispute as well, which allows for a wide range of solutions. However, mediation is usually a non-binding procedure. Therefore, it is important for the parties to agree to have a binding mediation if they want to be able to enforce the settlement later on.

Mediation involves five stages, which include the following:

• Agreeing to mediate

• Selecting the mediator

• Preparing for the mediation session

• Going to the mediation conference

• Hearing the settlement

It is important to have a trustworthy, responsible, and knowledgeable lawyer to walk you through these five stages. Poor performance at any stage may compromise your chances at winning the compensation you deserve.

If you or your loved one is involved in a personal injury case, choose the McMinn Law Firm to handle your case with success– before, during, and after trial.

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Dogs make great pets. However, dogs can become dangerous animals, biting or attacking their owners or innocent bystanders. According to the American Veterinary Medical Foundation, there are more than 4.5 million dog bite victims in the United States each year. These numbers are shocking, and the fact that children and senior citizens make up a large portion of the number of dog bite victims is even more shocking.

In addition, people who own dangerous dogs are held liable for the harm and injury that their dogs cause. Therefore, it is important for both dog owners and the potential victims of dog bites to learn more about dog bite prevention.

In response to the large number of dog bites in the United States, the American Veterinary Medical Foundation has made this week (May 19th to May 25th) National Dog Bite Prevention week. The foundation has also offered several tips on dog bite prevention, which include:

• Training your dog properly
• Socializing your dog appropriately
• Educating your children on how and when to approach a dog

Not surprisingly, dog bites are the cause of many personal injury lawsuits. According to the American Veterinary Medical Foundation, in 2011 alone dog bite claims made up one-third of the liability insurance claims for homeowners.

If you or someone you love is the victim of a dog bite, you may be entitled to just compensation. Contact the McMinn Law Firm to speak to one of our Austin dog bite lawyers today.

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Establishing fault in a slip and fall case isn’t always easy though. There are three ways that an owner may be found liable:

• The owner caused the dangerous condition.
• The owner knew that the dangerous condition existed but did nothing to correct it.
• The condition existed for such a long time that the owner should have discovered and corrected it before the accident.

In addition, the “dangerous condition” must present an unreasonable risk to a person. And it must’ve been a condition that the victim could not have anticipated. In other words, a victim can’t hold the property owner for walking into an obvious danger.

If you’ve been injured in a slip and fall accident, you need an attorney who can prove your claim and recover the compensation you deserve. Contact the McMinn Law Firm today to set up a free consultation.

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According to the Mayo Clinic, symptoms of mild traumatic brain injury include:

• Loss of consciousness for a few seconds or minutes
• A confused and disoriented state
• Headache
• Problems with memory
• Nausea
• Mood swings and changes
• Fatigue
• Feelings of anxiety and depression

The victim of a more severe head injury will exhibit many of the same symptoms, but may have a harder time recovering. The immediate symptoms of a severe traumatic brain injury include:

• Loss of consciousness for several minutes or several hours
• Slurred speech
• Deep confusion
• Loss of coordination
• Persistent headache that may worsen over time
• Repeated vomiting
• Convulsions or seizures
• Clear fluids draining from the nose or ears
• Agitation, aggressiveness and other uncharacteristic behaviors

If you or someone you love experiences any of these symptoms after a head injury, go to the hospital immediately. The faster a traumatic brain injury is diagnosed, monitored and treated, the more likely you’ll have a successful recovery.

If you’ve suffered a head injury caused by the actions of another individual, you may be entitled to compensation. Contact the McMinn Law Firm to speak to one of our Austin traumatic brain injury attorneys today.

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These types of lawyers have extensive experience with a kind of law known as tort law.  Tort law includes civil wrongs and economic or non-economic damages to a person’s rights, reputation, or property.  Personal injury generally refers to cases that fall under tort law including automobile accidents, truck accidents, motorcycle accidents, workplace injuries, medical malpractice, explosions, vehicle defect claims, products liability, and many others.

A personal injury lawyer is licensed to practice law by their respective state bar association.  Once licensed, they are legally able to argue cases in court, offer legal advice, draft legal documents, and file legal complaints.  They are responsible for helping their clients to obtain justice and compensation for their losses and emotional suffering.  Typically, personal injury cases settle outside of court, however, they may have to go to court if a settlement cannot be reached.

If you or someone you love has been injured due to the negligence of another, then you need legal representation quickly to offer legal advice and advocate for your case.  Call the McMinn Law Firm 24/7 at (512) 337-1993 or use our contact form on our website.

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The same year, bicycling resulted in 618 deaths and 52,000 injuries. While the number may look smaller, you might not want to pump up those bike tires just yet. Cyclists had significantly few fatalities, but then again, there are significantly fewer cyclists on our streets.

The problem with comparing relative driving and cycling safety is that we still aren’t quite sure how many cyclists there are and just how many miles they pedal in a given year. What we do know, however, is that like driving, it’s significantly safer to bike while sober and while taking the proper safety precautions.

Almost one-fourth of cyclists killed in 2010 had a BAC of at least .01, and more than one-fifth had a BAC of at least .08. In addition, according to the Insurance Institute for Highway Safety, only about 1 in 10 cyclists involved in fatal crashes were wearing helmets.

If you’ve been injured while cycling due to the negligence of another driver, you may be entitled to compensation for medical bills, lost wages and pain and suffering. Contact the McMinn Law Firm today for a free consultation with one of our bike accident attorneys.

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When a car accident happens to you, it is a major event.  If you have been injured, you may be burdened by medical bills, lost wages, and other costs.  At the McMinn Law Firm, we are dedicated to assisting our clients to get the legal advocacy they need in order to deal with the aftermath of a car crash.  We will handle the details of your claim and use our knowledge of insurance coverage to quickly get you the compensation you need.

If you or a loved one has been injured in a car collision, contact the McMinn Law Firm today at (512) 337-1993 or use our contact form on our website.

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Know the Signs of Aggression and Fear. Dogs usually attack because they’re scared or feel threatened by your presence. Some signs of aggression include bared teeth, lifted tail, raised ears and raised hackles (the fur on the neck). Signs of fear include tucking the tail, laid back ears, snarling and barking.

Stop Jogging and Walk. If you encounter a stray dog while you’re out for a run, slow down and walk by the dog. Running may trigger the dog’s “predator-prey” instinct and lead it to chase you.

Stand Still When Approached. When a stray dog does approach you in a friendly manner, it’s best to remain still and let the dog sniff you. Most of the time it’ll decide you’re not a threat and leave you alone. If you immediately start to shout and fight you run the risk of startling the dog and making it aggressive.

Never Run Away. The worst thing you can do when encountering an aggressive dog is run away. Dogs are naturally inclined to chase fleeing prey and will try to catch you if you run.

Back Away Slowly. Instead of running, back away slowly until the dog is out of sight. Most of the time, the dog will let you go.

Don’t Make Direct Eye Contact. Direct eye contact may be taken as a sign of aggression by an aggressive dog. Instead watch the dog out of your periphery vision. That way you can still keep an eye on it without provoking it any further.

If you’ve been bitten by a stray dog belonging to a negligent owner, you may be entitled to compensation. Contact the McMinn Law Firm today to set up a consultation with one of our Austin dog bite attorneys.

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While boating is one of our time-honored traditions, it can also be dangerous if you don’t take the proper precautions. To help keep you safe this summer here are few boating safety tips to think about next time you hit the lake.

• Don’t Overload Your Boat. Obey the maximum capacity limits for your boat. Having too many people on board increases the chances of someone falling overboard and makes it more difficult to maneuver your boat.
• Don’t speed. Like speeding on roadways, speeding on the water is dangerous and a good way to cause an accident.
• Avoid Alcohol. The probability of being killed in a boating accident doubles when alcohol is involved. Boating while intoxicated (BWI) is a crime that carries stiff penalties similar to those involved with DWI.
• Be Aware of Fatigue. When you’re out on the water under the hot sun, it’s easy to get fatigued. Sleepiness combined with alcohol consumption could make for a dangerous situation.
• Always Keep Children in Life Jackets. Children and adults should always wear life jackets while boating. Though it isn’t mandatory for adults, state law actually requires that children under the age of 13 wear vests at all times on the water.

Even if you’re taking all the right steps to ensure your safety, boating accidents can still happen. If you or a loved one has been injured in a boating accident caused by someone else’s negligence, you may be entitled to compensation. Contact the McMinn Law Firm today to set up a free consultation with one of our attorneys.

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Giada De Laurentiis Lasagna Pan. The pan handles can crack or break during normal use and pose a laceration hazard to the user. 148,700 of these pans were sold in Target stores between 2009 and 2012. Target has received 39 reports of breakage including six injuries.

West Elm Floor Lamps. A failure in the lamp’s joint locking mechanism causes the lamp to collapse and the electrical cord to spark, posing a shock hazard to users. About 900 lamps were sold in West Elm stores between December 2012 and February 2013. So far there haven’t been any injuries, though West Elm has received 24 reports of product failures, including three incidents of cord sparking.

Gerbings 12-Volt Heated Jacket Liners. A defective wire connector can cause the jacket liner to overheat and pose a burn hazard to users. About 9,900 jacket liners were sold at Harley-Davidson dealerships, Eagle Leather stores and other sporting goods stores nationwide from April 2011 to December 2012.  Gerbings has received two reports of the jacket liners overheating and causing minor burns to consumers’ backs.

Buckyballs and Buckycubes. These high-powered magnet toy sets contain defects in the design, warnings and instructions which pose serious risk of injury to children and teens. About three million sets have been sold at a number of stores across the country including Barnes & Noble, Bed Bath & Beyond, Brookstone, and Hallmark. So far there have been 54 reports of children and teens ingesting the product, with 53 of those cases requiring medical interventions.

Haier America Chest Freezers. Haier America has expanded its November 2010 recall to include more chest freezer models that pose a fire hazard. The 2010 recall included four reports of minor property damage caused by fires. Since then there have been 27 additional incident reports including three fires that caused substantial property damage. The Haier freezers were sold at retailers across the country including Wal-Mart and Amazon.com.

If you have any of these products in your home, you should stop using them immediately and contact the responsible company to receive a refund or repair. If you’ve been injured by a defective product, you may be entitled to compensation.  Contact the McMinn Law Firm today to speak to one of our Austin product liability attorneys.

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