What You Should Always Do After A Car Accident

l16Being involved in a car accident often places people in state of shock. With adrenaline rushing through your body, it can be difficult to make calm and rational decisions. What you do immediately after these events have occurred, however, can have a serious impact on their outcome. Following are some of the most important steps to take for ensuring human safety and your long-term, financial well-being.

Make sure that everyone in your car is okay. Be sure to put your car in park and turn the ignition off. Minor details like these are often overlooked as the result of shock and panic, however, they are necessary for ensuring that no additional damage is done to vehicles and no further injuries are sustained.

Check on the passengers in the other car and make sure that they are in an acceptable condition as well. If emergency response services are required, contact these professionals immediately. If you are not trained in the administration of first aid, see if any passersby are willing to help.

It is important for each driver to share his or her auto insurance information. Make sure to copy down all of the relevant details before allowing anyone to exit the scene. This is true even if the accident is relatively minor and no significant physical injuries have been sustained. When discussing the accident, neither driver should admit full or partial fault. This can later be determined via individual statements, witness statements and other collected evidence.

When possible, take the time to collect the names and contact information of any direct witnesses. Their statements could prove essential in support any personal injury claim that you file. In fact, you may want to write down their statements immediately after the incident while their memories of this event is still fresh. Having them sign and date their initial statements immediately after having collected these will increase their validity and bring more weight to your case.

An official accident report should be filed by an attending officers. This should be submitted to all of the appropriate parties and copies should be retained for attachment to your claim. This way, all facts concerning this event are duly recorded and unlikely to be contested.

Take a trip to the emergency room, even if you aren’t bleeding or showing the signs of broken bones. High-impact events can cause injuries that may take days or even weeks to make themselves apart. Whiplash and other forms of joint dysfunction are incredibly common among auto accident victims. Having doctor review and document your injuries is yet another vital part of building your claim.

Competition Law and the Role of Competition Lawyers

l15Competition law is a branch of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. This field of law is designed to promote free and fair competition. ‘Competition’ in simple terms means the activity or condition of striving to gain or win something by defeating or establishing superiority over others. ‘Competition’ is typically referred to a situation in the market in which firms or sellers independently strive for the buyers’ patronage in order to achieve a particular business objective. The companies and firms must refrain themselves from anti-competitive business practices. The advantages of a perfect are three fold: allocative efficiency, which ensures the effective allocation of resources, productive efficiency, which ensures that costs of production are kept at a minimum and dynamic efficiency, which promotes innovative practices.

Competition Law in India

The history of competition law in India dates back to the 1960s when the first competition law, namely the Monopolies and Restrictive Trade Practices Act (MRTP) was enacted in 1969. But after the economic reforms in 1991, this legislation was found to be obsolete in view of international economic developments and in many other aspects and as a result, a new law in the form of the Competition Act, 2002 was enacted in 2003. The Competition Commission of India is the quasi judicial body established for enforcing provisions of this Act throughout India and to prevent activities that have an adverse effect on competition in India.

The various objectives of the Competition Act are:

1. To prevent practices having adverse effect on competition;

2. To promote and sustain competition in markets;

3. To protect the interests of consumers; and

4. To ensure freedom of trade carried on by other participants in markets, in India.

Role of Competition lawyers

The competition lawyers generally act on behalf of large international companies, as these organizations have the greatest ability to affect competition in the market. They also advise new entrants in the market, for example, where their access to the market may be blocked by competitors. The role of these lawyers is to respond to investigations by competition authorities, to handle court proceedings and to advice on day-to-day trading and compliance issues. They also defend companies accused of price fixing in secret cartels. The role of the competition lawyer is to use advocacy and economic evidence to show that the merger will not reduce competition. The other job duties include:

1. Merger control advice and filings;

2. Abuse of dominance investigations;

3. Cartel enquires and related litigation;

4. Analysis of commercial agreements and licensing and distribution arrangements;

5. Analysis of sector specific policies and market studies to identify competition concerns;

6. Intersection between competition law issues and intellectual property rights;

7. Competition compliance and training;

8. Counseling and providing strategies for anti-trust risk management.

Strange Legal System

l14Laws are peculiar in their own ways and for the reasons best known to the judicial system of India. The experiences faced with the real life are presented here to understand the gravity of the problems faced by the people.

In a cheque bounce case, the court postponed the hearing on several occasions for one or other reason. Each time, the banker promptly attended the case as a witness to the duel.

When a bank filed a suit for recovery of the delinquent loan, the defaulter was not summoned first, but the plaintiff was asked to give a declaration. Moreover, this hearing also took place after adjourning earlier for the reason the judge went on leave. In another incident, the hearing was deferred to another date when the witness did not turn up.

It is regrettable that the witnesses are examined as if they are involved in the offense, frauds or embezzlement. They are made to stand for hours together. Moreover, the hearings are adjourned without any valid reasons thus forcing them to attend the court on different dates, sometimes even spread over several years. Why not the court completes this in one sitting and make a video recording for future reference and deciding the case?

A premier investigation agency asked the witness (an ex-Bank manager) to come to identifying the accused whom the former, after a long wait of 8 years, apprehended and kept him under custody. When the witness recorded his statement, no coffee or tea was offered to him even for courtesy sake.

The cumbersome process of prosecuting and booking a culprit under the law is understandable by anybody. However, the examination and cross-examination of a witness can be simplified to one-sitting exercise instead of conducting for years together.

The valuable time of the witness is lost while the dispensation of vital justice gets delayed. Moreover, the expenses incurred by the witnesses to attend the court are not paid by the latter as no procedure seems to be in place. These witnesses reach the courts from far-away places by keeping aside their official and personal duties. Not only that, the cost of delayed judgment would be very high if the time value of money is considered. It’s high time, the experts and authorities concerned take appropriate measures to set right the anomalies in the system.

6 Must Have Traits of A Good Lawyer

l13Lawyers undoubtedly are one of the most prestigious professions these days and the demand for these professionals are exponentially increasing with each passing day. But it doesn’t necessarily mean that anyone can aspire to make a name for themselves in this profession.

If you are looking to hire one of these professions, there are certain qualities which you should look forward to. These qualities are:-

    • Good communication skills: Needless to say, professionals in the legal field should be both articulate orally as well as have proper written communication skills. In order to place their argument with judges and juries, having necessary public speaking skills are imperative. In addition to this, they also should have good writing skills because they will need to prepare several legal documents from time to time. But that’s not all, in order to properly analyse and solve their client’s problems; they should also be a good listener.

 

    • Proper judgement: Every professional in this field should be able to draw conclusions on the basis of the information they have. From properly spotting loopholes in the opposition’s argument to considering judgements based on your points so that it is fortified on the court of law; they should be able to do everything.

 

    • Analytical: Practicing law isn’t easy at all because they have to absorb large quantities of information and convert it into something that’s manageable. Not all cases will be a cakewalk and there will be cases where there will be more than one definitive conclusion. These professionals should have the necessary analytical skills to decide which conclusion suits the case the best.

 

    • Research: Every professional in the legal profession should also be good researchers. From collecting detailed information about the clients to preparing legal strategies to comprehending huge data; these professionals should be equipped to deal with these things conveniently.

 

    • People skills: Law is not at all about getting great grades because, at the end of the day, it’s about how they interact with the people. They can be academically excellent but if they are not socially awkward, they won’t be able to achieve anything. The person whom you are hiring should be persuasive, personable and have the ability to gauge other’s reactions. If the matter is not concluded within the court of law, they should have the necessary skills for an outside settlement between you and the opposition.

 

  • Driven: These professionals should be driven in their pursuit of achieving their goals and solve your case no matter what. They should be 100% committed to the cause and do everything within the legal boundaries to assist you in your case.