In 2003, the state of New Jersey developed its own device for calculating alcohol content that was rumored to be more efficient than the standard breathalyzer. The Alcohol 7110 is being used in 17 of the states’ 21 counties to measure BAC, pioneered by DWI defense attorney Evan Levow. The device uses infrared absorption technology and cell analysis to measure the amount of ethanol in a breath sample. The instrument will give off a light sensor upon detection of alcohol on a person’s breath or clothes. There must be a total of 128 readings to indicate the presence of alcohol, and this is accomplished by measuring the amount of alveolar air, and how much of it appears to be intoxicating the individual. Upon evaluation, the 7110 prints a copy of the control test to ensure that the breath tests were correct when administered. It also includes the ambient air check, the flow rate of each breath sample, and the breath alcohol result which in order to not be charged with a serious DUI, must be the lowest of 4 readings, two IR and two IC.5 years later however, the negative affects of the 7110 are coming to light, including high breath temperatures that can distort blood alchol content measurements, thus resulting in inaccurate charges, and violation of the accused driver’s rights. Yet the state continues to rely on the 7110 as the breathalyzers become more outdated, and the demand for their spare parts has declined steadily since 2003. In contrast, certification for the Alcohol 7110 devices went into affect that year, and legal disputes were resolved in January 2006.The case has mad its way to the Supreme Court on more than one occasion, and the Supreme Court finally rules that the breath test evidence gathered from the 7110 test is admissable in court. On the other hands, police and other figures of authority are obligated by various safeguards, especially since drunk driving cases in New Jesey are reported to judges instead of juries, and there remains a prominent reliance on breath est results.
Elizabeth Short’s life and death have been a big topic of discussion in the years since her body was found in two pieces in the Los Angeles area. Many movies have been made that depict her in many different ways; from aspiring star to sexual tease. Everyone in law enforcement is aware of this case and it is still referred to quite a bit. A lot of people still like to delve into the depths of her case from the comforts of their home to see if they can pinpoint her killer even though the killer has probably been dead for years.Elizabeth was 22 years old and unemployed. Her body was discovered by a housewife on a foggy morning on January 15, 1947. The body had been cut in half and was face up in the dirt. The arms were raised over the head; the lower torso was placed about a foot away with the legs open. Blood seemed to have been cleaned and the intestines were tucked neatly inside.Due to the lack of blood, detectives determined she’d been murdered somewhere else and brought to this particular location. They also determined she’d been placed there after 2am and the temperature at that time was 38 degrees. The murdered used a knife on her face and ropes on her wrist. Police determined her to be about 5’6 and 115lbs.Fingerprints were lifted from a previous job she had at an army base as well as a criminal record of underage drinking and the identification was made that it was indeed Elizabeth Short. Her mother was also a victim of sorts, by the media. The Los Angeles Examiner got wind of the case and contacted Elizabeths mother, Phoebe. They told them Elizabeth had won a beauty contest to pry information from her and then informed her that her daughter was dead.At the army base where she worked, every soldier is said to have lusted after her. They told her she was “movie star pretty” and fought for her attention. She liked to visit nightclubs often and in December 1944 she wrote to her mother “”I met someone New Year’s Eve, a major, Matt Gordon. I’m so much in love, I’m sure it shows. He is so wonderful, not like other men. And he asked me to marry him.” Shortly after, a messenger stopped by her house to inform her that her soon-to-be husband had been killed in a plane crash on his way home.She knew the value of good looks and used it to her advantage with a string of men after that, all who had plenty of money. They often paid for her meals, rent and other bills. Money she earned on her own went to buy clothes, she seemed very into fashion and refused to wear outdated clothing. She spent some time in Chicago in an attempt to be a fashion model.After her murder, 40 officers went in search of evidence and came up empty. They also contacted her father who refused their request for body identification. The coroner determined she had been killed by internal bleeding caused by multiple blows to the head. Because the body had been so cleanly bisected, the FBI required a list of every medical student at the University of Southern California. This list is 203 pages long and full of declassified information on the case.Her purse and one of her pumps were found in a dumpster at 1819th E. 25th street, away from the crime scene. Someone, a lot of people believe her killer, sent the Examiner a package which smelled of gas where the individual cleaned their fingerprints from the items. Inside it was her photographs, birth certificate, social security card and her late husbands obituary. It also had a black book with the numbers of 75 men. However, key evidence has been lost… including 13 taunting letters the killer sent to media and the police.Short was buried in Oakland’s Mount View Cemetery with 6 family members in attendance.While the case will likely never be solved, no matter what reputation this young lady might have had, she was still someone’s family; someone’s daughter. That is why those in Criminal Justice do what we do. Everyone means something to someone, no matter what. Reputations and backgrounds should not, and do not, take away from the seriousness of criminal acts.
Sometimes, tough things happen to basically decent people and they find themselves staring at the wrong end of a very bad road that could land them in jail, quite possibly. This may not even be something for which they actually bear responsibility. If you find that you need a San Diego defense lawyer, or criminal defense lawyer, keep a couple things in mind.Many people are unaware that a lot of lawyers aren’t necessarily experienced in delivering a case at trial. A great deal of the time, cases are able to be settled before the trial is to take place, so if you believe there’s a good chance that your case will end up in trial, you might want to search for a lawyer who has a proven track record in trial cases, particularly in the area of the law that your case falls under. As this person could be fighting for your very freedom, it is important to select one who is experienced and confident in their ability to handle a trial in court.One thing you should try to avoid, mainly if you are dealing with a criminal offense, is talking to anyone but a lawyer. Friends, family, and police should not hear the details of your case until you have first told it to a lawyer, and only then if the lawyer advises you that publicly talking about the matter is okay. The reason for this is due to the fact that anything you say to a person (a potential witness) can be used against you in court.In the above circumstance, it’s best to look around, find a good San Diego criminal defense lawyer, and then work with him or her on the things that can be said and the things that are best left between a lawyer and a client. This is not to assume that you’ve done anything wrong at all; it just is a caution that ANYTHING you say can be taken the wrong way and used against you, in extreme cases, by the authorities.A criminal accusation is a very serious situation, and therefore you should make sure that whichever San Diego attorney you choose to represent you has experience in dealing with cases similar to yours. It does no good to hire a tax attorney to try to prove you innocent of grand theft auto. A mistake in selecting the right lawyer could cost you your reputation as well as your freedom.
People hold doctors with high regard since they are intellectuals who deal with a very important aspect of every person’s life: their health. We trust doctors with our lives because they are experts when it comes to medical issues.So it is sad when we hear of stories of medical malpractice. In fact, it is very troubling. Doctors should carry out their jobs responsibly because they owe it to the people who entrust their lives to them.People can sue negligent doctors who are liable to the injury or death of a patient. Of course, there are factors to consider in order for a case to be valid in court. A credible expert shall determine such factors. This expert should be able to attest that the standard of care wasn’t followed.A plaintiff must be able to establish the four elements of tort or negligence for a successful medical malpractice claim:1. A duty was owed – A legal duty under common law is required whenever a hospital or health care provider undertakes care or treatment of a patient.2. A duty was breached – The provider failed to conform to the relevant standard of care.3. The breach caused an injury – The breach of duty was the proximate cause of the injury.4. Damages – Without damages, there will be no basis for a claim, regardless whether the medical provider was negligent.Statutes of limitations, i.e., time limit upon which you can file a medical malpractice lawsuit, vary from state to state. In California, a medical malpractice legal action for an injury or death must be brought to the court within one year from the date of discovery of the negligent act, but no more than three years from the date of the injury.According to a study done by the Institute of Medicine, 98,000 Americans die annually due to medical errors. Other studies show 7,000 die because of prescription errors. 1,500 patients lose their lives to surgical negligence every year. Among this, only one in every eight instances goes to court.Unfortunately, medical malpractice cases are one of the most difficult lawsuits filed in a courtroom. Trials usually take a long period before the court reaches a verdict. Moreover, the cost of bringing a case to trial goes beyond the monetary amount expected by the complainant to receive after.Statistics show that patients who have been harmed because of medical malpractice seldom sue for damages. Still, people should not allow the person/s responsible for the injury or death of a patient to get away with their negligence. There is something they can do to obtain justice for the irreparable damage caused by the medical error.Like other suits, you will need legal assistance from a good lawyer. In this case, look for one who specializes in medical malpractice. Their general purpose is to review the case history, assess the damages and losses sustained, and advice if the complaint is legitimate to be admitted in trial.It is very important to hand over the case to an expert attorney. Otherwise, you might be wasting a lot of your time and money. See to it that you find the lawyer who has the greatest odds of winning the case. Their histories and experience will help you in choosing the right lawyer.
A misdemeanor is defined as a lesser criminal act that is less severe than a felony and more severe than a regulatory offense. A misdemeanor is the United States of America is punishable by fines, probation, community service and up to twelve months incarceration. Misdemeanors are often classified into several categories based on the severity of the crime. This category system usually has dedicated punishments.Being arrested for a misdemeanor may not mean a lengthy prison sentence, but it can seriously affect job prospects and certain civil privileges. For example, a school bus driver that gets his or her first DUI may be illegible for future licensing. It is important to seek proper legal counsel for misdemeanors, no matter how petty. Here are five common examples of misdemeanor offenses.1. Petty Theft
Theft is an umbrella term that encompasses grand theft, petty theft, larceny, stealing, embezzlement and any other instance of taking someone’s property against their will. In most jurisdictions, petty theft is identified by a value amount. For example, petty theft in the state of Washington, California and most other states in the US is theft of under $500. Anything above that, which any Los Angeles or Seattle criminal lawyer will tell you, is classified as grand theft which can be a felony.2. Public Intoxication
In some states, public intoxication is a misdemeanor. Public intoxication generally involves intoxicated individuals causing a disturbance in a private or public area. Intoxication can be caused by alcohol or drugs. Public intoxication or drunk disorderly conduct is dealt with on a state level, and because of this the penalties vary greatly. California and Kansas both consider public intoxication a misdemeanor, while Nevada and Montana have no public intoxication laws.3. Simple Assault
Simple assault is a common example of a misdemeanor. Simple assault on police officers, elected officials and social workers are felonies, an exception to most simple assault laws. Simple assault is defined as assault without the intent of injury. An example of simple assault can be attempting to cause someone physical harm or simply invading someone’s personal space.4. Trespass
Trespassing is the act of someone unlawfully entering, walking on or living on private property. It is common to see “no trespassing” signs on places such as schools and private hunting grounds. Trespassing laws vary among jurisdiction, but are commonly found as misdemeanors. There are certain exceptions to trespassing laws including law enforcement, meter readers and government surveyors.5. Indecent Exposure
Arguably the most varied misdemeanor is indecent exposure. Since the term “indecent” can mean many different things, it is up for the specific jurisdiction to enforce this misdemeanor. In Washington State, a Seattle criminal attorney would define indecent exposure as intentionally exposing his or her person to another with the knowledge that the action can cause reasonable alarm. Exposing yourself to a minor under the age of fourteen qualifies as gross misconduct, a felony.
When being faced with a criminal charge I highly recommend that you hire a criminal defense lawyer. I recommend this because the hire of a professional in this matter could be the major difference between a jail sentence and the charges being dropped. A criminal defense lawyer handles many different charges a person can receive such as drug crimes, domestic violence, juvenile crimes, parole and probation violations, white-collar crimes, traffic violations, weapons trafficking, kidnapping, murder and much more.Consider This While Searching Through Criminal Defense Candidates.Start off by making a criminal defense candidate list. You can create this list by browsing either through a phone book or via internet searches. Thing’s you may want to look for is someone in your area. Or quite possibly you have special needs such as a language barrier, so do they have someone to accommodate to your special needs? After all communication between you and your lawyer is vital! Now that you have done this you are ready to make some phone calls to the firms and get more specific information pertaining to meet your exact needs.Things to Ask When Deciding Best Fit to Represent YouWhile speaking with these firms some information that will play an important role in deciding who is best fit to represent you, would be do they have an exact area of expertise in criminal defense? How many years experience do they have? Or even more valuable information would be what kind of result have they produced with previous cases? How many people have they represented? How many times have they been to trial? Are they able to meet with you and if so when? How do they get paid, because some want full payment up front and some want an hourly this differs from firm to firm. By now you should have been able to narrow your list down to only a remaining few candidates.Making the Final DecisionNow that your list should have only a few candidates remaining you should ask these lawyers for references. Check these references see what these people have to say about the lawyer and how they handled their individual case. Knowing how they handled cases similar to yours should be of great value to you. Make sure you are treated with common courtesy from the lawyer and the other staff at the firm. The criminal defense lawyer should have complete total knowledge of the law of the state they represent. It is also a necessity that they have had a great amount of experience with the federal criminal system also. Make sure that you have confidence in the criminal defense lawyer you choose to represent you, because after all you two make up a team now. Do not allow yourself to be forced into any action you do not agree with taking. Last but not least take your time in choosing the perfect criminal defense lawyer to represent you. The research is worth your time and hopefully in the end it turns out to be worth your money also.
Traditionally, the task of legal writing has been assumed by the attorney. Increasingly now, however, paralegals are being asked by their supervising attorneys to prepare a variety of legal documents. Some documents are created for internal purposes, relied upon by the attorney in preparation for litigation or an appeal. Other documents are reviewed by the attorney, revised, and ultimately filed with the court. In law offices of all sizes, it is not uncommon for experienced paralegals to write case briefs, research memoranda, motions, memoranda of points and authorities, and even appellate briefs.Legal writing can be intimidating for the most seasoned legal professional. Approaching your next legal writing assignment does not need to be a daunting experience if you can remember this pneumonic device:Every Outstanding Paralegal Knows How to Write Well and Effectively.The first letter of each word corresponds with a tip to help propel your legal writing skills. If you follow these ten tips, you will be well on your way to torture-free legal writing!Tip #1 – Establish a G.O.A.L. for your writing project.
Before you put pen to paper or fingertips to keyboard, you must first gather some essential information. This information is the GOAL of your project.* G stands for the ground rules for your project. Whether you play golf, Monopoly, or checkers, a thorough understanding of the rules of the game is paramount. The same principle holds true in legal writing. Familiarize yourself with the document format that should be followed, the type font and font size that are required, and the margins that are acceptable. If you are writing a document that will be used internally, be certain to follow the format preferred by your attorney. Use samples of previously submitted work as a guide in completing your assignment. If you are preparing an appellate court brief, you should know the procedure for incorporating references to the record and the transcript. If you have any questions about the technical requirements for your document, ask your attorney or consult the local rules of the court where the document will be filed. Or, call the clerk of court. Because failure to follow the court rules may be grounds for the clerk to reject your filing, it is always prudent to ask questions and get it right the first time.* O stands for the objective of your project. Now that you know the ground rules, you need to know how to “win” the game. What is the purpose of your assignment? Are you writing to inform or to persuade? Are you writing a research memorandum to inform your attorney about the client’s viable defenses under state law? Or, are you writing to persuade the court to deny the opposing party’s motion for summary judgment? Understanding the objective of your project enables you to better approach the way you conduct your research. Keeping the objective in mind also helps you focus and structure your writing, safeguarding against the likelihood that key information will be overlooked or omitted.* A stands for your audience. Whether you are writing to your attorney, another paralegal, opposing counsel, the client, or to the court, it is important to tailor your writing style, tone, and formality in a manner appropriate for your intended audience. For example, the use of contractions is generally considered too informal when writing to the court, but may be acceptable when writing a research memorandum to your attorney.* L stands for the limitations for your project. When your attorney gives you an assignment, you should confirm the due date. If you are preparing a document that will ultimately be filed with the court, you should also know the filing deadline. Depending upon the type of document you are preparing, it will be important to know the applicable statute of limitations for the cause(s) of action being asserted. Additionally, you should consult the court rules for any restrictions on the number of pages your document may include and the number of exhibits that may be appended.Tip #2 – Organize your research materials.
Hours of research are meaningless if that seminal case you need is buried somewhere under the piles of paper and stacks of folders on your desk. For easy organization and worry-free retrieval, hole-punch your research materials and file them by category in a three-ring binder. Use color-coded tabs and specially marked dividers to separate your materials into primary and secondary authority, mandatory and persuasive authority, and federal and state authority.In the upper right-hand corner of the first page of each case you pull, note the client-matter number, the date you retrieved the case, and the legal principle(s) for which the case is important. When you file the case and need to pull it later, you won’t have to re-read it to recollect why you printed it out in the first place. Create an index or table of contents of your research materials and update it as necessary. Save the document on your PC and place a hard copy in the binder.Tip #3- Prepare an outline.
After you’ve completed your research, but before you begin writing, prepare an outline of the information you will include in your document. Use the required format for your document as a tool in creating your outline. For instance, if you are writing an appellate brief, your outline should mirror each section of the brief, including the statement of the issues, statement of the facts, and argument components. In your outline, for each issue you intend to discuss, include an IRAC (Issue-Rule-Analysis-Conclusion) breakdown.If you are writing a legal memorandum or appellate brief, list the major points you will address in your argument section and the subheadings that will go under these points. Remember that stronger arguments should appear before weaker ones. After you have prepared a preliminary outline, break it down further into paragraph levels. Briefly identify the topic of each paragraph and list the information that will be included in the paragraph along with the applicable references to authority you will cite. This process may sound laborious, but investing significant time to prepare your outline will actually save you time in the long run.Tip #4 – Keep your writing simple and short.
With apologies to your college English instructor, legal writing ain’t about using flowery phrases or melodic prose to convey your ideas. On the contrary, legal writing is about reducing the complex to the simple. The abstract to the concrete. And the superfluous to the necessary. The line in Rudyard Kipling’s poem “If”, where he writes of walking with kings but not losing the common touch, sums up what should be your approach to legal writing. Even though you may be addressing attorneys and judges with multiple advanced degrees and countless years of legal experience, you should write your document in such a way that the average person can understand your message. Assume the person who will read your document has never attended law school or graduated from a paralegal program. Keep your writing simple, but don’t sacrifice precision. State the facts, raise the issues, support your argument with the authority, and end with an appropriate “call to action.” In other words…get to the point!Good legal writing is also short, or concise. Avoid using multisyllabic words when a shorter word choice will prove just as effective. Substitute a single word for a lengthier phrase. “Filed an action against” becomes “sue” and “with regard to” becomes “concerning.” Write in short sentences (25 words or less) to heighten your reader’s understanding. Likewise, shorter paragraphs help your reader better digest your message. You don’t eat a steak all at once. Rather, you take your time, savoring it piece by piece in several bites. Similarly, you don’t want to overwhelm the reader with a paragraph that extends three-quarters of the page. Divide longer paragraphs into more palatable two or three short paragraphs.Tip #5 – Hold the reader’s interest.
Good writing captures the reader’s interest at the beginning, builds upon that interest throughout the middle, and satiates that interest at the end. Effective legal writing is no different. As you construct your document, remove all barriers and roadblocks to holding your reader’s attention. I suggest you include a built-in navigation device. At the beginning of your document, give your reader a roadmap of where you are going and explain how you intend to get there. Throughout your document, insert mile markers to orient your reader as to how the section he or she is reading fits within the bigger picture.Prevent reading-induced hypnosis by varying the length of your sentences and paragraphs. Use headings and subheadings as appropriate to break up huge blocks of text on the page. Incorporate sufficient white space to give your readers a visual (and mental) resting place. Emphasize key points or phrases with special formatting such as italics and bold, but be careful not to overdo a good thing. Use bulleted lists as appropriate. Strategically placed graphs, charts, and tables add substantive value to your writing and also help further engage your reader.Tip #6 – Tie it together with topic sentences and transition bridges.
The previous tip discussed the importance of providing your reader with direction at the outset of your document and guideposts along the way. An effective way to accomplish this is to start each paragraph with a topic sentence to introduce the subject you intend to discuss. End each paragraph with a transition bridge to the next paragraph. Words such as “however,” “moreover,” and “in addition” can help create a seamless transition between independent, but related, thoughts. Using transition language as you move from one point to the next contributes to the overall cohesiveness of your writing.Tip #7 – Write in active voice.
It is always a good rule of thumb to use active voice in any kind of writing. To do this, arrange your sentence so that the subject performs the action expressed by the verb. In the majority of instances, a sentence written using active voice is more clear and direct than one written using passive voice. Notwithstanding this general principle, there may be times when the facts in your case dictate the use of passive voice. For example, in a criminal case where your attorney represents the accused, you certainly would not want to write, “The defendant assaulted the victim.” Instead, you would write, “The victim was assaulted.”Tip #8 – Write in positive voice.
Use a glass half-full approach in your legal writing by using positive voice. Change negative statements into affirmative statements. Compare “The defendant should not be prohibited from asserting a contributory negligence.” with “The defendant must be permitted to assert a contributory negligence defense.” Notice how the second sentence reads better and is more direct.Tip #9 – Avoid legalese and legal jargon whenever possible.
As creatures of habit, we often find it challenging to embrace new ways of doing things. We have a tendency to fall back on the familiar. Thankfully, the foothold this kind of resistance has gained in the area of legal writing is going the way of the pet rock. Law school professors and legal practitioners alike are eschewing the use of archaic legal jargon and legalese. So should you. Legalese and jargon only function to obscure the meaning of your message. Include them only if absolutely necessary. (If you come across an “absolutely necessary” instance, let me know.)Tip #10 – Edit your writing for the 7 Cs.
After you complete your first draft, carefully review your work and edit for the following:* Clarity – Aim for specificity. Add information if needed to clarify your point. Remove information that makes your point muddy. Rephrase or re-work passages to ensure your point is conveyed clearly and meaningfully.* Completeness – Use the outline you prepared from Tip #3 as a checklist to determine if your document is complete. Review your document to see if you included the required elements and necessary information.* Conciseness – Eliminate unnecessary words and fillers. Remove redundancies. Remember to keep your sentences and paragraphs simple, short, and to the point.* Concreteness – Eliminate lengthy legal phrases and substitute shorter concrete words and phrases. “Apprehended the suspect” becomes “arrested Mrs. Johnson.”* Consistency – Read through your writing to ensure your use of tenses and pronouns is consistent from beginning to end. Check to see that you used the same word or phrase each time you referred to the same concept. For example, if you use the word “terminated” to characterize what happened to your client in the first section of your writing, you’ll want to change any references to your client being “dismissed” or “fired” that appear later in your document.* Continuity – Review your work for organizational continuity. Sentences and paragraphs should flow logically from one to the next. Read the first and last sentences of each paragraph. If you are able to glean the major points by reading these sentences alone, your writing has excellent continuity.* Correctness – Verify the legal authority you cited is still valid. Double-check your citation format. Review your work to see that you have accurately stated the facts. Finally, carefully proofread your work for spelling, grammar, typographical and other kinds of errors that will detract from your message.After you have made these revisions, ask a friend or family member who does not have a legal background to read your work. Then, listen to the feedback. Make a second round of revisions as necessary. And then? Breathe easy because you are done. Congratulations.Copyright © 2009 MARIGOLD CONSULTING. All rights reserved.
The young boy who suffered from a serious brain damage because of a car accident was the reason why his mother received so many mailed solicitations from different lawyers asking the price that she wanted to get out of this case. Would parents who are distressed be offended by this inquiry for they were asked in a pushy manner? Definitely, no questions asked. Do methods like these bring discredit on the legal profession as a whole?Very much, yes. At the urging of the state’s bar association, the Florida Supreme Court decided to try to do something positive about the situation by taking a relatively modest and welcome initiative, in response to this situation. It announced that 30 days would be the waiting period for personal injury lawyers before they can actually solicit business by mail intended for victims of accidents or their relatives.The constitutionality of the rule however was challenged by a referral service whose main business is to look for clients to be referred to these personal injury lawyers by soliciting accident victims and their families. The Florida rule was overturned by the US District Court in Tampa, Florida and declared it a violation on lawyer’s rights to freedom of speech, under the First Amendment as applied to the States through the 14th Amendment. On the basis of the interpretation of the US Court of Appeals for the 11th Circuit in Atlanta of US Supreme Court precedents over the past two decades, those who have granted lawyers the right to advertise their services.Fortunately, the Florida rule has been upheld on a 5 to 4 vote by the US Supreme Court. Two convincing justifications covered the implementation of the Florida rule according to a female justice, while the case is being written. To protect personal injury victims against invasive, unsolicited contact by personal injury lawyers or their authorized agents is the first one.The second one on the other aims to prevent the state licensed legal profession from getting angry because the practice of direct solicitation took place only days after accidents. As what the lady justice said, a form of commercial speech is advertising which is subjected to reasonable government regulations. She added that the Florida rule somehow imposes a mild restriction that doesn’t touch a lot of alternative channels for communicating the needed information about attorneys.With this, she said that Florida allows lawyers to advertise on radio and on prime time television as well as in newspapers and other media. However, lawyers may be able to rent space on billboards as well as to other forms of outdoor advertisements. Also, letters may be sent to the general population or to some discrete segments of society.Their contact details are available in the listing under lawyers in the telephone directory.
Ever heard of a hit and run collision? As a personal injury attorney, I have seen many. Ever heard of a hit and run collision that resulted in a car chase with the police? Ever heard of one where the driver of the car was intentionally hitting cars as he sped down the interstate? Not so sure are you? I really can’t remember a scene where the get away car was causing intentional damage to the cars as they raced down the interstate. Well, it happened in Georgia recently. A Dacula, Georgia guy did just that. Lawyers know this is a great case to get.He was in an accident, and took off turning a wreck into a hit and run accident on a major highway. If you didn’t think it could get any stranger, he sped away which started a police chase down the interstate. But, as stated above he did it with some flair. The guy was just intentionally hitting cars as he sped down the interstate. The local guy was charged with seven counts of aggravated assault, six counts of hit and run, seven counts of following to closely, four counts of aggressive driving, three counts of failure to maintain a lane and one count each of speeding and fleeing.What if this happened to your family or a member of your family was in one of those cars? What if they were the bread earner of the family? How will you pay the mortgage or keep food on the table? What if the person who is at fault is poor and doesn’t own anything? What are you to do? These are big questions that all require a full analysis of a multitude of variables. The primary type of problem is did the death occur on the street, on your property, their property, on the property of another? For example, if the fatal collision was in a motor vehicle, then the initial place to turn is the automobile car insurance coverage policy of the other driver. The next place to turn would be to identify if that driver is covered under a different person’s policy. This is hugely important. For example, if the guy or girl who hit your vehicle lives with their parents or spouse, then you have another place to look.Now, the insurance company will try to claim that the kid that collides with you is not on the policy of the parents. That is a true statement, no doubt. But, that is only half of the truth and not the part that benefits you. Under Georgia law by operation of public policy, a family member that lives in the home is technically considered an insured party. So, if some kid hits you, then you will be able to turn to additional car insurance coverage from their parents if the kid still lives with parents.After you have reviewed all of that, you will want to look to your own uninsured motorist coverage which is also called uninsured motorist coverage in the industry for short. If you have uninsured motorist coverage, then you have an initial consideration to begin with. That consideration is whether the policy gives a reduction or adds on to the other insurance policy amount. So, if the primary driver has more insurance than your UM coverage and your coverage gives a reduction, then you will have no recovery. If your uninsured motorist policy gives you the additional funds (considering the case has that value), then you will get to add your policy limits in addition to the at-fault policy limits.
If you are looking for a Los Angeles defense attorney, particularly a criminal defense attorney, it can be overwhelming with the amount of advertising online. Just searching on your favorite search engine, will return somewhere in the region of half a million links in the LA County area. However, the best place to check for a reputable organization is the official Los Angeles County Bar Association’s lawyer referral service, (LRIS).The LA Bar Association is a member of the American Bar Association and can be considered a highly trustworthy source for a referral. You can visit them online at smartlaw.org where you will find plenty of resources available for your use.When you go to the home page, you will notice a form in which you can specify the type of lawyer you are looking for, such as a Los Angeles criminal defense lawyer or malpractice lawyer. You can then select the specific LA area you wish your lawyer to be located in, which is handy so you don’t have to travel very far in the event of a last-minute meeting.This will then take to a more in depth form, where you will be required to fill in personal details such as; your name, address and contact details. Once you have confirmed these, you will be referred to a suitable lawyer in your area. You will be given all necessary contact details, whilst they also give you directions from your address to the Los Angeles Attorney’s office.The Los Angeles defense attorney you are referred to will be informed by the LRIS so that they can expect to be contacted by you. If after consulting with the lawyer, you are not comfortable, you can simply contact the LRIS, who will give you further referrals, until you find one suited to you and your needs.