Navigating any kind of personal injury case can be daunting and a confusing task. When you are trying to do so on your own without any kind of legal support, you can run into more issues and risk further complicating your case. Rely on a trusted and qualified lawyer to offer their legal counsel so that you can boost your chances of success. Here are some things that you should do as well as not do to end your case with the outcome that you want. 

Receive Prompt Medical Attention

It is critical that you get medical attention right away after getting into an accident. If you are approached by first responders, do not refuse medical treatment. If you do, your injuries and condition can worsen, which can increase your medical expenses. In addition, you can have a tough time defending yourself when you file your personal injury claim because your decision to refuse medical attention will be under scrutiny.  

Preserve All Evidence

Keep all of the evidence that you can, such as photos of the scene, videos, medical records, the police accident report, and other evidence that you have. The more evidence you can include, the stronger your claim will be. You can depend on the personal injury lawyer to do the work of evaluating your body of evidence thoroughly and piece together your case argument. 

Do Not Exaggerate Your Statements

Many people feel compelled to add a few words or statements to exaggerate their statement when they report the accident. However, you should not do this as it can get you into more trouble. Deliberately giving inaccurate statements to give more money is illegal, and you can face serious consequences. Your claim can get thrown out and you could be charged with fraud, as a trusted car accident attorney like one at Glotzer & Leib, LLP can explain. You must give a truthful account of what happened. If you are having trouble remembering exact details, only include facts about what you can remember about how the accident occurred. 

Do Not Accept Blame 

Never accept blame if another person is trying to say you were the one who caused the accident. Even if you believe that you have contributed to the accident in some way or form, you should not express it in front of anyone except your lawyer. You can just provide your account of the accident or simply not say anything at all in response if someone is blaming you.  

Do Not Accept The First Offer

A common mistake that many accident victims make is accept the first settlement offer given to them. There is a strong chance that the first offer given by the insurance company is far lower than the amount you should actually get and are entitled to recover. Go to a lawyer to have them evaluate any offer that you are approached with. 

Seek Legal Help Immediately 

Waiting too long to seek legal help can set you back and as a result, it can take a longer time to resolve your case. Set up a consultation with a trusted personal injury lawyer right away so that you can receive immediate legal services. 

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While many dogs appear cuddly and friendly, some of them may bite and cause serious injuries. In fact, many people are hospitalized every year for dog bites. Just about anyone can suffer a dog bite, including friends, family members, children and repair technicians. Here are a few common causes of dog bites.

Illnesses and Injuries

Dogs that have an illness or injury may experience pain and discomfort. When they feel like this, dogs typically want their space and for everyone to leave them alone. If a person tries to pet a dog that is sick or injured, he or she may get bitten. 

Fear

When dogs feel threatened or scared, they are more likely to bite. For example, if a stranger attempts to touch a dog out of nowhere, that dog may become startled and bite that person. It’s an instinctive reaction to protect itself. To prevent dog bites, strangers should always ask the owner if it’s okay to pet a dog.

Abuse

The way a dog is raised can also determine if it will bite or not. Unfortunately, not all dogs are brought up in loving homes. Some are even abused. Dogs that have been mistreated are more likely to bite other people.

Poor Training

Dogs that haven’t received proper training may also be more likely to bite. It’s important for pet owners to teach their dogs good behavior from the very beginning. If necessary, they may have to enroll their dogs in professional training school to improve their behavior.

Playing

Some dog bites may not be intentional. For example, puppies may sometimes get a little too rowdy during play time and accidentally bite someone. 

Recovering Financial Compensation for Dog Bites

If a dog bites a person and inflicts injury, the dog’s owner will likely be held responsible. If you were bitten by a dog, you may be entitled to receive compensation for your medical bills, lost wages and other losses. It’s important to discuss your case with an experienced personal injury lawyer, like one from Disparti Law Group, as soon as possible.

A lawyer can review the details of your case and determine if you have a good chance of securing compensation or not. If you have any evidence pertaining to your case, such as medical records or photos of your injuries, bring them along to your consultation. The more information your lawyer has to go on, the better

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There are factors that a prosecutor must consider in order to make a conviction for an accessory to a crime, such as:

• The person was not the party that committed the crime
• This person’s action did in fact assist the person as it pertains to the crime committed
• The person was aware of their actions being necessary to commit the crime 

For example, if you are aware that someone intends to commit a crime and they come to you beforehand to ask that you assist them in the preparation of the act, you are an accessory to the crime. It does not always have to be violent crimes. If you are the manager at a grocery store, and a friend of yours is struggling to provide for their family and ask that you leave the back door of the store unlocked during your shift so that they may enter the store from the front and act as a regular customer, only to take the items through the back of the store without paying, you may not have taken the items yourself, but you have made the commission of a crime possible, which makes you an accessory.

Even if there was no crime committed, your part in assisting in making the crime possible is still reason for a prosecutor to file charges against you. If a prosecutor can in fact prove that you or the person accused had knowledge of a crime being committed and possible with their assistance, you may be proven guilty. 

For example, the grocery store robbery may have already been committed and you were not the store manager, but you were the person waiting in the car behind the store for the person that was committing the crime to come out. As they loaded the vehicle with the stolen goods, you drove the car away from the facility. In this example you are an accessory because you knew they were stealing goods, you waited for the car to be loaded, and you assisted in escaping from the scene of the crime. If you were waiting in the parking lot for your roommate or friend to shop and they returned with stolen items and you were unaware that they did not pay, it is unlikely that you will be seen as an accessory to the commission of this crime.

In the event that you or someone you know has been accused of being an accessory to a crime, or even if you are aware of a crime being committed and feel that you may have played a role in this and have concerns that you may ultimately be accused, speak with a skilled criminal defense attorney, like one from the Lynch Law Group, in your area as soon as possible.

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If you find yourself faced with the unfortunate circumstances of the end of a marriage, you likely have many questions about how to proceed next.  When you were planning your marriage, you weren’t planning your divorce. You have probably heard tales of mandatory marriage counseling and might wonder if this is your fate as well.  The answer is maybe.  While counseling is not required federally before moving forth with the dissolution of a marriage, the judge may order it, depending on a few factors, explains a divorce lawyer.

 What State Do You Live In? 

Court-ordered marriage counseling before the finalization of a divorce is rare these days.  If both parties wish to end the marriage, it is even rarer still.  Nonetheless, there are circumstances in which a judge may still order it.  If children are involved, it is much more likely.  The reasons judges may mandate counseling vary from state to state; usually, it is that they see an opportunity to redeem the relationship.  Sometimes it is ordered simply to aid in the court proceedings and promote a less hostile environment.  A local divorce lawyer can guide you through your own state’s laws.   

 How Long Have You Been Married?

Even if you aren’t ordered into counseling, you may still have to wait for your divorce.  Many states impose a waiting period on the couple.  The idea is that perhaps the divorce rate would be lower if people weren’t making rash decisions about divorce.  The waiting period can work alone as a cooling-off period, or in conjunction with court-ordered marriage counseling.  Most states are more concerned with the length of residency of the couple.  In some states, each member must have lived in the state for 180 days before proceeding.  No-fault divorces always have the longest waiting periods but are less likely for counseling to be mandated.    

Do You or Your Spouse Want To Reconcile? 

If you or your spouse wants to try to repair the marriage, there is a much greater chance that you will be ordered into conciliation. Some states require that if one member wants to salvage the relationship, the couple must seek therapy before a divorce will be granted.

While mandatory marital counseling before the cessation of marriage is quite uncommon, each state has its own unique mandates.  Law is rapidly changing, and family law is no exception.  If you find yourself in a position in which divorce is imminent and you have questions, contact a divorce lawyer to provide you with answers. 

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According to NRS 48.035:

  Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith.  However, it may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” 

Regarding admission of “evidence of other wrongs,” Nevada law states that:

Prior to admission of such evidence, the trial court must conduct a hearing on the record and determine (1) that the evidence is relevant to the crime charged; (2) that the other act is proven by clear and convincing evidence; and (3) that the probative value of the other act is not substantially outweighed by the danger of unfair prejudice.

Qualls v. State, 114 Nev. 900, 902 (1998)(citing Tinch v. State, 113 Nev. 1170, 1176 (1997); Armstrong v. State, 110 Nev. 1322, 1323-24 (1994)).  

While the Petrocelli rule originated in criminal cases, in Taylor v. Thunder, 116 Nev. 968, 973 (2000), the requirement for such a hearing was extended to civil cases.  In Taylor, the plaintiff filed a civil lawsuit for damages arising from the defendant’s sexual misconduct of a minor.  The jury returned a verdict against the defendant totaling nearly $250,000, which included an award for $25,000 in punitive damages.  On appeal, the defendant argued that the district court erred in admitting evidence of prior sexual misconduct with a different minor.  The Nevada Supreme Court affirmed the district court’s judgment and explained that: 

The district court’s decision to admit or exclude the evidence after conducting such a hearing, commonly referred to as a Petrocelli hearing, “is to be given great deference and will not be reversed absent manifest error.”  We now extend the rule to civil proceedings.  Evidence of prior bad acts may be admitted provided the evidence is relevant and the prior incident is proven by clear and convincing evidence. Even if the trial court determines that the prior bad act evidence is relevant, the “evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice.”

Id. at 973 (2000) (citing Qualls, 114 Nev. at 902).  See also Nev. Rev. Stats. § 48.035(1); and Petrocelli v. State, 101 Nev. 46 (1985)) 

Thus, the third and final condition precedent to the occurrence of a punitive damages phase is the Court’s determination, following a Petrocelli hearing, that: (1) the evidence of defendant’s prior misconduct was relevant to opportunity, intent, or common plan or scheme; (2) the prior wrongs were proven by clear and convincing evidence; and (3) the probative value of the evidence was not substantially outweighed by the danger of unfair prejudice.  Id. at 973-74, 46.  See also Nev. Rev. Stats. § 42.005(1); and Nev. Rev. Stats. § 48.035(1).

Thanks to Eglet Adams, and their sexual assault lawyers for their insight on prior bad acts and conducting a Petrocelli hearing. 

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People facing criminal charges often have no idea what to do, and what not to do, particularly when facing their first offense. Of course, having a skilled criminal defense lawyer on their side is critically important. But, there are also some basic guidelines criminal clients can follow to help their lawyer do the best job possible on their behalf.

DO Be Honest with Your Lawyer

Some people hesitate to tell their lawyers the truth or leave out parts of the story they’re ashamed, embarrassed, or afraid to tell. They worry admitting guilt to their lawyer might hurt them. They’re worried that being open and honest with their lawyer could harm them with the prosecutor or the court, or that their lawyer could tell other people what they said. Rest assured, conversations between you and your lawyer are strictly confidential (so long as there isn’t someone else present). Lawyers are also bound by law to represent their clients to the best of their ability. Lawyers take these duties very, very seriously. They exist to make it possible for you and your lawyer to have frank, honest conversations with each other in order for you to be able to protect your constitutional and statutory rights. Bottom line: if you want your lawyer to be able to do the best possible job for you, start by telling your lawyer the whole truth and nothing but the truth.

DON’T Engage with Law Enforcement Without Your Lawyer

A criminal defense lawyer will tell you that, If you were arrested, and law enforcement was doing its job, someone should read you your Miranda rights. The first line of that familiar speech is often the most important. “You have the right to remain silent.” And let us tell you something else: you should remain silent. Do not say anything to law enforcement until you have consulted with a lawyer. You aren’t going to talk your way out of being arrested. You aren’t going to convince the police they have the wrong person. If you have been arrested, politely tell law enforcement you want to speak with a lawyer and then shut your mouth. Also, whether or not you have been arrested, do not consent to a search if someone asks you to. If a police officer has to ask your permission to search something, that means you have the right to say no, and so you should say no. In nearly every case, the best thing to do is not to say or agree to anything and to contact a criminal defense lawyer right away.

DO Show Respect to the Court

In the United States, judges and juries are vested with enormous power. It is always in your best interest to show the utmost respect to them. When it comes to how you should dress, think of going to court like going to church; wear your “Sunday best” unless your lawyer tells you otherwise. If you do not have appropriate courtroom attire, tell your lawyer in advance so your lawyer has the chance to find you something to wear. Also, show up to your court appearances on time. Early is best, but never, ever, be late. Always remain calm, stand when you speak to the judge, and always call the judge “sir,” “ma’am” or “Your Honor”. When you present your best self, you demonstrate character to the judge and jury and paint the picture of a responsible, law-abiding citizen.

DON’T Talk About Your Case With Friends and Family, and Stay off Social Media

It might be tempting to talk to friends and family members about the situation. Don’t. Talking to other people about your case just gives law enforcement another person to interview, and creates another opportunity for them to compare the evidence they gather against what you’ve said to someone. Do your loved ones a favor and spare them that trouble. Also, do not under any circumstances post on social media about your case unless you clear posts with your lawyer first. Law enforcement is watching your account.

DO Comply With Pre-trial Service Requirements

If you are released from custody at some point prior to your trial, you are required to comply with pre-trial service. In most cases, you will be required to report to a judicial officer and follow their conditions for your release. This might include mandatory check-ins with an officer and attending court-mandated programs such as treatment programs for controlled substances, psychiatric evaluations and other mental health treatment, electronic monitoring, attending all court appearances, and not violating any restraining orders. Once again, complying with these conditions helps build your character in the eyes of the court.

DON’T Approach Victims or Witnesses in Your Case

If you approach victims or witnesses in your criminal court case, you might be in violation of a restraining order and pre-trial service conditions. Further, it’s very likely that these victims or witnesses are cooperating with authorities. If you attempt to contact them or speak with them, you will most likely jeopardize your case and make it more difficult for your lawyer to attain the best possible outcome for you. You may also end up being charged with the crime of obstruction of justice or witness tampering.

DO Hire an Experienced Criminal Defense criminal defense lawyer

Sometimes when people are arrested, they consider defending themselves. That’s almost always a terrible idea. Others decide to go with a lawyer appointed for them by the court. Many of those lawyers are highly skilled and dedicated, but they’re also frequently overloaded with cases and may have difficulty spending the kind of time on your case that it requires. Your best option is to hire an experienced criminal defense lawyer who can take the time on your case that it deserves. Such lawyers can be found in reputable firms like Tuttle Law P.A.

The post Dos And Don’ts For Your Criminal Case appeared first on Personal Injury Law Firm Denver CO.

• Disparate Impact: when policies for a company adversely affect or exclude some workers based on their gender (even if it was unintentional).
• Disparate Treatment: when a worker is treated differently from others because of his or her gender.
• Sexual Harassment/Quid Pro Quo: unlawful misconduct related to a favor or other expectation in return for something (promotion, bonuses, pay raise, etc.).
• Sexual Harassment/Hostile Work Environment: misconduct that interrupts the work performance of an employee, creating an offensive, hostile, or intimidating work environment.

Examples of gender discrimination include but are not limited to the following: 

• Sexist comments
• Statements that men or women are only suited for certain roles/jobs
• Denying women benefits for their children or spouses, when male employees receive such coverage for their family
• Using offensive terms in reference to men or women
• Refusing to acknowledge a gender identity
• Being wrongfully terminated after reporting a co-worker or boss about a harassment/discrimination incident
• Paying men and women differently for the same job/responsibilities
• Not hiring women with the excuse that they are too busy with family obligations
• Offensive comments about you and/or a same-sex partner

There are so many ways that gender discrimination can happen in the workplace aside from what is listed above. If you aren’t sure whether the situation calls for legal action, you may want to talk to a lawyer right away for guidance. For advice on how to take action for a recent gender/sex discrimination incident, contact a seasoned discrimination lawyer right away, such as a team member from Eric Siegel Law.

The post What is Gender/Sex Discrimination in the Workplace? appeared first on Personal Injury Law Firm Denver CO.

Practically every business can potentially be exposed to liability for a personal injury claim. Companies can be held liable for damages stemming from a variety of situations ranging from employee injuries to customer injuries, as a  personal injury lawyer , can explain. Even service-related businesses that deal with the public need some type of personal injury insurance. 

Workers Compensation and Commercial Auto Insurance

While workers are covered by workers’ compensation policies, injured employees can still file an additional personal injury claim against the commercial business’ auto policy if they are involved in an auto accident while on duty. It is always a good business decision to include as much insurance as possible in addition to specific mandated coverage because accidents happen regularly, and many times they are very costly. 

Reasonable Duty of Care

All business owners or operators are required by law to provide for the safety of their customers and employees, as well as visitors to the company property. Opening your business doors to the public comes with some basic responsibilities that begin with personal safety for patrons. And, the most effective way to provide for the business and the patrons alike is maintaining adequate insurance coverage designed for specific needs when accidents do happen. Areas in which businesses can be vulnerable when it comes to breaching their duty of care includes:

• Maintaining structures so that hazards are avoided such as broken stairs or handrails.
• Providing open aisle ways for customers to shop without slipping and falling.
• Parking lots are also an area where attention should be paid, especially surfaces can become icy and slippery. 

Frivolous Claims

While most attorneys will not take a case they know they cannot win, many times claims are still filed based on borderline evidence of injury and responsibility. Larger business such as corporations will probably experience this legal action more often than smaller operations, but they will happen nonetheless. These smaller claims can actually be more problematic than larger ones when it appears it may be costlier to fight rather than pay the claim. However, sometimes it is worth the expense just for basic principle. Businesses are focused on profitability, and unwarranted claims are as expensive as valid claims when damages are paid out or insurance premiums rise as a result. 

Comparative Negligence

Most states use some form of comparative negligence law. Comparative negligence is the idea that not all accidents are the sole responsibility of the named respondent in a personal injury claim. It’s also the view that the plaintiff should be considered for what percentage they may have contributed to the accident. 

• In premises law claims, this is usually considered as personal assumption of risk. 
• In auto accident claims, each driver is evaluated through accident reconstruction to determine negligence based on the material facts of the case.
• Many times a claim’s value will be greatly reduced or even denied when the plaintiff is largely responsible for their own injury. 

All businesses should adjust their insurance needs on an annual basis, especially regarding potential personal injury claims. One accident that is not covered could easily be the end of a business and do significant harm to the owner’s financial future when found liable for a serious injury. Always be protected, and always have a workplace injury attorney in mind who can be called immediately when injury claims happen.

Talking with a personal injury lawyer from our friends at Law Offices of Franks, Koenig & Neuwelt quickly to see if you have a valid claim.

The post What Businesses Should Understand About Personal Injury Claims appeared first on Personal Injury Law Firm Denver CO.

To receive compensation for a bicycle accident, you need proof that it wasn’t your fault. Without proof of fault, the defendant’s legal team may be able to poke holes in your settlement. A weak case might not even make it in front of a judge, as an attorney, like a personal injury lawyer from a firm like the Law Firm of Frederick J. Brynn, can explain.

If you were hit by a car while cycling, how can you prove that it was the driver’s fault?

Police Reports

A police report is one of the most valuable documents that you can use to prove who was at fault. When you file a lawsuit, the defendant will normally dispute your version of what happened. A police report is a conclusion of their investigation. When police arrive on scene, they may question witnesses, issue citations and judge how the accident happened.

Since police do not have to draft a police report for all accidents, you should always request one. Police will determine if they need to file a police report based on the value of the damages and whether there were any injuries. Your bike may not be valued high enough or you may not be obviously injured right after the accident.

Witness Testimony

Witness testimony is not necessary when you file a lawsuit, but it does help. If there were people who saw the accident firsthand, they may have a better recollection of what happened than you did. Stay in touch with the witnesses following the accident. If you’re capable, try to obtain the contact information of any witnesses on the scene. If you received a police report, the cops may have questioned the eye-witnesses also.

Video Evidence

While you can win a lawsuit without video evidence, it is one of the strongest forms of evidence. Sometimes, witnesses will take a video of an accident. If you were filming your cycling trip, you may also have evidence on the camera. In addition to video of the accident, you should also take pictures and video of the scene.

To determine fault in a cycling accident isn’t black and white. There are several ways that the court may determine who was at fault, including the utilization of expert witnesses, police reports or eye-witnesses at the scene. If you were in a bike accident, your argument for who was at fault may be strong, but after a consultation with a bicycle accident lawyer, he or she may be able to help you make a stronger case.

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To be accused of sexual assault is not something you or anyone should take lightly. As soon as you learn that you have been accused of such actions, contact a criminal defense attorney. Unfortunately, the stigma that is attached to sexual assault can last a lifetime, no matter if the accusations are proven untrue or not. However, with the right criminal defense team, you can try your best to prove false allegations as just that. Without an attorney, it can be extremely differenced to do so.

Sexual assault is considered sexual contact with a victim without their consent, such as rape. It is important to note that, even if a victim is under the influence of drugs or alcohol and was unable to say “no”, if they did not say “yes” and discover what happened when they are sobered up, this is viewed as sexual assault. Rape is not limited to strangers, it can also happen with people you know. But sexual assault is not to be restricted to rape only. These are also considered to be sexual assault:

• Child sexual abuse. Which occurs when an adult uses a child for sexual stimulation. Consent is not enough in these cases.
• Sexual harassment. Which occurs when unwanted sexual remarks are made in a professional setting. This is not only limited to physical encounters.
• Attempted rape. Fondling or forcing an individual to engage in unwanted sexual activities. Only the intent to rape is necessary.

As serious as these charges are, it only takes word of mouth to be arrested and possibly indicted for sexual assault charges. Being falsely accused of something of this magnitude will forever change the life of the accused. The reason several people are incarcerated for sexual assault is not always because they are guilty, but because they had either bad legal defense or none at all. No matter how shameful the charge is, you have a right to prove to a judge or jury your innocence. If you or someone you know has been accused any form of sexual assault, speak with a skilled criminal defense attorney that will be able to review the facts of your case, such as your account of what happened and any witness statements, and build up your defense. The right attorney will understand how serious this accusation is, inform you of your rights and use all resources available to you to defend you and prove your innocence. Contact a criminal defense attorney Atlanta, GA relies on before it is too late.

Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense and sexual assault.

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