Connect with us

law

Establishing Fault in an Automobile Accident

Published

on

According to the Office of the Governor, over 3,500 fatal vehicle collisions took place in California last year and more than 266,000 people suffered injuries. Of those collisions, 178 fatalities and over 14,000 injuries occurred in Orange County alone. And three of the fatalities and 218 of the injured in Orange County were passengers under the age of five.

A collision can have catastrophic repercussions for everyone involved. You may be involved in a collision through no fault of your own. A speeding driver who lost control of his or her vehicle could hit your car head on or an intoxicated driver could run a red light and T-bone your car. A malfunction in your automobile may result in you losing control over your car and causing an accident involving injuries to you, your passenger, a pedestrian, or the driver of another car.

If you suffer serious injuries, not only would you have the physical pain resulting from your injuries to endure, but also medical expenses. If you are unable to work, it is very difficult to pay those medical bills. Consulting with an Orange County personal injury lawyer can determine who was to blame and if you are entitled to compensation.

Causes of automobile accidents

Automobile accidents can be caused by any of the following:
• Unsafe speed
• Driver distraction
• Running stop signs and red lights
• Driving under the influence of alcohol or drugs
• Car defect or malfunction
• Poor road design or unsafe road conditions
• Bad weather

Your attorney uses many resources in determining the cause of a collision resulting in an Orange County injury lawsuit. Police reports, state laws on the rules of the road, and all other available material are used, but it may still be difficult determining who is to blame.

There is seldom just a single cause of an accident. Sometimes there may even be doubts about fault in cases of “no doubt liability” such as rear-end collisions, accidents involving drunk driving, and accidents caused by left turns. One example would be when defective brake lights are involved.

Establishing fault

To determine fault, your attorney will turn to a specialist such as an accident reconstruction specialist, an expert in human factors, physician, or another expert in forensics. For example, a specialist in accident reconstruction would analyze how an accident occurred through the use of classical or computer simulation techniques incorporating evidence such as the following:

• Steering information
• Speed
• Engine rpm
• Use of cruise control and turn signals
• Tire marks
• Brakes
• Vehicle inspection

Always get proper help and assistance if you suffer an injury from automobile accidents.

law

How Damages Are Calculated In A Personal Injury Case

Published

on

How Damages Are Calculated In A Personal Injury Case

A personal injury case is a civil matter brought by an individual who has been injured because of the negligence or careless act of another person, company, or entity. Several factors are considered to determine how much money the injured person should receive as damages.

Severity of Injuries

The severity of injuries is the number one factor in determining damages – the more serious the injuries, the greater the damages will be. This is because the injured person will likely have more medical expenses and may miss more work. In addition, they may suffer from long-term or permanent injuries that will require ongoing care.

Injuries aren’t just limited to physical traumas. Emotional injuries, such as PTSD, can also result in a large settlement.

Cause of Injuries

When a personal injury occurs, the second most important factor will be the cause of the damage. In order to prove that the defendant’s negligence is responsible for the injury, it’s best to hire personal injury lawyers who can show that the defendant acted recklessly or failed to meet a reasonable standard of care. By showing that the defendant could have prevented the cause of the injuries, plaintiffs can ensure the best financial outcome for a settlement.

Settlement v. Trial

The third most important factor in determining damages in a personal injury case is whether or not the case goes to trial or is settled out of court. The benefits of a settlement are that it is typically quicker and cheaper than a trial.

If the case goes to trial and the jury awards the plaintiff damages, the amount will typically be much higher than if the case had been settled out of court. This is because juries often feel more sympathetic towards plaintiffs and are willing to award them greater damages.

How Much Compensation Can Be Received in Personal Injury Cases?

The overall total that can be received in a personal injury case will depend on the aforementioned factors. In unfavorable scenarios, the case is dismissed, and no compensation is awarded.

However, in most cases, the injured person can expect to receive a monetary award to compensate them for their medical expenses, lost wages, and pain and suffering. In addition, punitive damages may also be awarded when the defendant acted recklessly or intentionally caused harm.

Some of the more famous personal injury settlements include the following:

  • $2.9 million awarded to a woman who suffered severe burns after being scalded by coffee from McDonald’s.
  • $37 million awarded to a man who became a quadriplegic after a car accident.
  • $5 million awarded to the family of a woman killed in a drunk driving accident.
  • $10 million awarded to a man who was paralyzed in a construction accident.

When considering a personal injury case, it is important to understand how damages are calculated. By understanding the factors that are considered, you can get a better idea of what you may be entitled to receive if you are successful in your case.

Source: Image credit – Image Source

Continue Reading

law

William D King: What Is a Criminal Lawyer?

Published

on

By

lawyer g3ad14ff02 640
Criminal Lawyer

What Is a Criminal Lawyer? Types of criminal lawyers and how to find them!

A criminal trial is considered the most complicated and expensive trial of all cases. Though many people can represent themselves in court, it is always advisable to seek the services of a criminal lawyer for representation. It must be noted that there are several types of lawyers and so it is important to know the type of criminal lawyer you are looking for.

What role do Criminal Lawyers play?

Criminal lawyers are usually seen either in US television shows or movies. It depicted that lawyers like to argue with judges and everyone else around them. However, the reality is not much closer to how it is seen on TV; lawyers do not act like aggressors in courtrooms. They are professionals who know what they exactly need to say and when they need to say it. A criminal lawyer’s job is never over until their client gets acquitted.

As per William D King, a criminal lawyer must be well versed with all rules of evidence, so he can deal with any type of evidence that might get produced against his client during trial proceedings.

Criminal Lawyers- Types Available!

There are several types of Criminal Lawyers available depending upon the requirement of the case, nature of the crime committed, and another relevant factor. They are as follows-

Criminal Lawyer –

This is a specialized lawyer who deals with criminal cases only. It should be noted that not all lawyers can work as Criminal Lawyers; they need to have studied law in order to take up criminal cases. A wide variety of crimes are dealt with by this type of lawyer which includes drug charges, theft, robbery, and others.

Madonna Blyth Criminal Lawyers –

This is considered the most popular type of criminal lawyer available for representation in different courts. These lawyers also deal with other types of civil cases apart from criminal cases; however, their main specialization lies with criminal cases only. Madonna Blyth Criminal Lawyers hold immense experience in dealing with these kinds of cases and so it is always advisable to seek their services.

Legal Aid Criminal Lawyers –

This type of lawyer is appointed by the government or state to provide legal help to people who cannot afford to hire an independent criminal lawyer for them. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion. These lawyers specialize in practicing only before magistrate’s courts, so they cannot be hired for high profile cases like murder etc. However, Legal Aid Criminal Lawyers can represent clients before session’s court or other higher courts depending upon the discretion of the judge concerned. Thus it is important to make sure whether your case requires a Magistrate Court lawyer or Sessions Court Lawyer before hiring one for yourself.

Criminal Lawyer Perth –

This is a type of Criminal Lawyers who has been hired by the government to represent people who need legal help in higher courts like the Supreme Court. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. It should be noted that a criminal lawyer in Perth must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Criminal Lawyers Sydney –

This type of Criminal Lawyer is hired by the state to represent people who need legal help in different kinds of cases. If someone cannot afford to hire a lawyer for them, then they can approach these types of criminal lawyers for representation. However, it should be noted that an independent criminal lawyer must have enough experience and expertise in dealing with such cases before practicing as one.

Legal Aid Criminal Lawyers –

In some parts of Australia, Legal Aid Commissions are appointed by the state or federal government to provide free legal help to those who cannot afford an independent criminal lawyer for themselves. The amount of fees that are charged by this kind of criminal lawyer is fixed and it does not increase even if the case takes months together for completion.

Conclusion:

Thus, before hiring a Criminal Lawyer in Sydney it is always advisable to choose the type of criminal lawyer which suits your needs. Legal Aid Criminal Lawyers can be hired by people who need help for cases that are filed in lower courts like Magistrate’s court or Local Court. However, if one cannot afford to hire an independent criminal lawyer for them and their case is too complicated then they can approach these types of lawyers as well. People who want representation from a Criminal Lawyers Perth in the higher courts must ensure whether it requires a Magistrate’s Court Lawyer or Sessions Court Lawyer before hiring one for them. Thus, there are different kinds of criminal lawyers available depending upon your budget and desired location says William D King.

 

Continue Reading

law

5 Reasons To Contact A Workers’ Compensation Attorney

Published

on

By

Occupational injuries are much more common than you might think. According to the U.S. Bureau of Labor Statistics, more than 3.0 million nonfatal workplace injuries were reported in 2013, resulting in an alarmingly high incidence rate of 3.3 cases for every 100 full-time workers. Although many of these accidents occurred in traditionally risky workplace environments (e.g., construction sites, coal mines, and oils rigs), most were reported by employers in relatively safe settings.

What Is Workers’ Comp?

The good news is that most companies are required carry workers’ compensation, which is a type of insurance that provides coverage for work-related illnesses and injuries. The bad news is that there is no guarantee you will by fully reimbursed for your medical expenses, lost wages, and pain and suffering you experience as a result of an accident at work. With that in mind, here are five reasons you might decide to contact a workers’ compensation attorney.

1. You Can No Longer Work

Severe occupational accidents may result in a disability that prevents you from working ever again. Because the insurance companies that provide workers’ comp coverage are not in the habit of cutting huge settlement checks unless they absolutely must, you will need the services of an experienced workers’ compensation attorney to handle negotiations for you. It is important to note that permanent disability settlements must last you and your family for the rest of what would have been your working years. Expert legal representation is needed to secure the largest possible settlement.

2. Your Employer Did Not Have Insurance

Because workers’ comp can be expensive, some unscrupulous employers do not carry it. If you were hurt on the job and your boss informs you that he does not have insurance, you can sue him for damages. As an employee, you have the right to be reimbursed by your boss for any out-of-pocket medical expenses, lost wages due to the injury, as well as your pain and suffering.

3. Your Employer Denies Your Claim

Because insurance premiums get more expensive the more claims you submit, employers are often reluctant to approve a claim unless they must. An experienced attorney can ensure that your boss understands the legal ramifications of denying a legitimate claim only because it might end up costing him more money for coverage.

4. Negligence Was Involved

Even if an accident caused the injury, gross negligence is grounds for a lawsuit. Whether the negligent party was your boss or another employee, you should explore your legal options with the help of a lawyer.

5. You Need Surgery

Once again, insurance companies are often reluctant to approve surgeries unless they are deemed necessary. An experienced attorney may be able to convince the insurer that your surgery is not only necessary, but also cost-effective.

If any of those mentioned above are true, you should contact a workers’ compensation attorney as soon as possible.

Continue Reading

Trending