How to Handle a Hit and Run Charge
When you make a bad judgment call in the event of an accident, just know you have nowhere to hide. In the United States, the law frowns bitterly at the hit and run especially if there’s a proven case of DUI or an injury emanates from the accident. Serious jail time is the eventuality if you or the other party has the best car accident attorney who can prove their case against you. When an accident occurs and one party flees, that’s just pleading guilty even without a jury. Hitting and running amplifies a case from being compensatory to criminal. Have you been charged with hit and run? In consultation with your hit and run lawyer in Los Angeles, you can consider any of these defenses that are tenable for your case. Prove It Wasn’t You Arguably the best way to escaping criminal liability is if your hit and run lawyer is able to prove with enough evidence that it wasn’t you. Find a Basis on Why It Shouldn’t Be Considered as Running Using this option becomes essential if the other party reports the accident as a hit and run even if you didn’t. This odd situation will need an independent witness or even a video evidence to prove your case, or else you are in for serious time behind bars. Absence of Injury or Damage This is a rarity but if it applies to your case you can use the absence of damage or injury to prove your case. In the absence of physical damage to the car or injury to the victim, then there may have been no accident at all. Without an accident, a hit and run case has no basis.
Read moreDUI Accidents: To Sue or Not to Sue
Any injury or death caused by DUI needs the attention of a DUI accident lawyer in order to consider your chances of compensation. You have the legal choice of suing or not suing any driver driving under the influence of alcohol. DUI accidents can take two dimensions which will be further explained to you by the best car accident attorney; civil and criminal case. Both civil and criminal cases against DUI accidents can be torturous and time-consuming, but with our dedicated DUI accident lawyers, it should be quite simple and easy. Let’s look at both civil and criminal cases as separate options that will be given to you by one of our DUI accident lawyer in Los Angeles; If your DUI accident lawyer advises you to file a civil case, it means you are trying to receive compensation for the pain, suffering, medical bill, lost wages, damaged property and other financial pain that the DUI accident may have caused you. When filing a civil case, you are at a greater chance of getting the driver convicted. In this scenario, the convict insurance company will be looking towards an out of court settlement. Regarding criminal case procedure against a DUI accident driver, you are not seeking any form of compensation. As will be explained by your DUI accident lawyer, you will be protecting the public by trying to punish the driver for the pain caused to you. In any event, a loved one died from an accident caused by a DUI driver, you can file a civil suit as the next step for wrongful death, unearned income, loss of consortium and compensatory damages.
Read moreThe Fine Line Between Assault and Battery
There is a fine line between Assault and Battery, even though most think of the two as one and the same. Assault occurs when a person displays an action that may invoke fear of harm in the other party. So assault does not necessarily involve actual physical harm. It does, however; involve intentional threatening actions that may create a situation of potential harm or apprehension. Battery, on the other hand, does involve actual physical harm on an individual. One common factor between the two is that they are pursued via Civil Law and not criminal law. Civil cases require the defendant if found guilty, to compensate the plaintiff. The compensation may be in the form of monetary value or any other form that may cover the damages caused. However, the question remains, what are the key differences between an assault, or an instance of battery? When should you take legal action? And what exactly does the legal action entail? Let us take a look. A Claim Of Assault The definition of assault may differ in each state in America. California is a state that takes assault cases and claims very seriously. Hence, before walking into a courtroom or stating a legal charge against someone, it is imperative to know exactly what you are filing against. The best way to do this is by consulting the Los Angeles Assault And Battery Attorneys .According to Tort Law, an assault is referred to as an attempt of violence, or an attempt to cause harm. However, the key concept that involves a case of assault is the reasonable apprehension caused by the attempt of violence. Notice the usage of the term, reasonable. This means that the victim is aware of the intended harm, and believes that the action would have resulted in physical harm. Another key factor that may result in a case of assault is the intended harm. The harm can be a form of a threat of unwanted physical harm or contact such as rape. The case can be termed as a more serious one if the threat was made while the defendant was wielding a weapon. A Los Angeles Assault and Battery Lawyer may provide sufficient help and legal relief they are well versed with such issues. A Case Of Battery Battery can be defined as the intentional touch or forceful contact against another person that may be offensive, or result in physical harm. They key factor that leads to a case of battery is the intentional touch that may either be offensive or harmful to the other party. Notice, there is physical contact, hence distinguishing and differentiating a case of battery from assault. Furthermore, the contact usually occurs without the consent of the plaintiff or victim. The harm caused does not only have to be physical, but mental and emotional as well. Physical harm can be when the defendant causes bodily harm to the plaintiff, either by punching them or shoving them forcefully. Emotional harm involves cases of unwanted sexual contact. This may cause emotional distress to the plaintiff, and can also be classified as an offensive contact. In conclusion, […]
Read moreTips On Preventing Boat Accidents
Not as often as car accidents but boat accidents do happen. Just like Californians, the hot weather will definitely push you towards the sea especially in the summer. Getting on the boat for some boating fun, Jet Ski and other water sports are really interesting. Boat accidents occur mostly due to lack of caution by the driver. Aside carelessness, alcohol has been identified as the leading cause of boat accidents in the United States, more than 4000 boat accidents were reported to have been caused due to alcohol by the U.S Coast Guard. In abiding by these safety principles recommended by the law offices of Oscar H, Guiterrez in preventing a catastrophic boat related accidents; Your boat and every serviceable part are well maintained and serviced regularly. Your failure in carrying out mechanical checks will make you susceptible and liable to negligence injury suit in the occurrence of any accident. Every boat has it weight capacity which must be checked before going onshore. In any case, the weight of the boat or vessel does not have the capacity of accommodating those onboard, the risk of capsizing is very high. Know the weight restrictions of your boats, the manufacturer must have labeled the weight capacity. Any and every passenger without knowledge of swimming should not be allowed on board. So also, the use of water safety equipment have to be encouraged and mandated. Being on water does not mean the violation of speed limits. Do not over speed as it can lead to vision impairment and incurring of citations. Just like driving an automobile, you must have the necessary permit and licensed to drive a boat. You must also retain insurance to reduce liability in any event of an accident and the passenger suffers injury. You must be aware and conversant with the laws governing water transportation in your state. You are solely responsible for the handling of boating equipment as a boat operator. Boating should be done when there is a low population of other boaters on the water. There is a likelihood of accidents when the water is over populated with others boats. Always ensure that all of your passengers comply with water safety rules. Whenever you have active skiers in the air, display a red or orange flag. An observer is expected to keep a keen eye on skiers and alert them of every potential danger. In case any of your passengers obstruct your view or incapacitate you from carrying out the operation of the vessel, you can get a citation for passenger negligence. Water injury can be very disastrous and traumatic especially if the fault emanates from the boat operator. In order to avoid being slammed with a negligence suit, be guided by the above safety tips. In any event, you or your loved ones suffer boat accidents, quickly contact the Law Offices of Oscar H. Guiterrez to commence injury claim procedure.
Read moreWhat You Need To Know About Bus Accident Lawsuits
Unlike other form of auto accidents, the procedure for a bus accident lawsuit is quite unique. Bus transportation is still safer than cars and motorcycles but that does not mean bus accidents is at zero, dozens still get injured from bus related accidents every year. Buses are not an exception to the accidents that can occur involving automobiles regardless of the magnitude. Ironically, there are added risks that relate to bus accidents despite the relative safety it is known for. This is due to the nature of bus travel and the build of most buses. Buses have a higher risk of tip over much more than cars. The absence of state of the art safety restraint features (airbags and seatbelts) makes the buses less safe in comparison with cars. In reality, the chances of a bus related accidents are comparatively lower than other road transportation mediums, but when the accident eventually occurs it can be more fatal. Crucial Issues in Bus Accidents Injury Claims In other accident or injury claim cases, the negotiation process is quite easy and straightforward. When it boils down to bus accident claims, the situation is always not so simple. Usually, such accidents often involve another driver. When you find yourself in such situation, you will have to file for compensation with the driver’s insurer. You will be asking for medical expenses, lost wages and this will end up in an injury settlement. The issue becomes tricky when the bus driver is on the other side of the law with the accident. The complication is as due to the ownership of most buses by the government entities like districts, schools, and public transportation outfits. Relying on statistics, school buses have a 37% chances of being involved in a bus accident. As you may already know, filing an injury claim against the government is often complex than personal injury claims. In any case, you are denied settlement by the bus insurer, you are left with a choice of filing an injury claim against the government entity that owns the bus. This has to be done within a relatively short period of time. How to File a Notice of Claim with the Government Entity The procedural rules to be followed in determined by the state you reside, or the municipality. However, the claim must be made against the government body or a person or an entity related to it. The description, time and address of the accident must also be explicitly stated with the name and address of who is filing the claims. Most importantly, there are time limits for the filing of claims in every state. Ensure you are aware of this by contacting a bus accident lawyer. Determining Faults in Bus Accident Cases The determination of the role of the party can only be arrived at with a proper investigation of the circumstances surrounding the accident. The potential factors that can lead to bus accident such as the level of stress of the bus; the level of training of the driver; cases of DUI; overloaded buses; and or the mechanical health of the bus. Having said […]
Read moreYour Legal Options When Hit By Drunk Driver
In a moment you are walking, and another you find yourself on a stretcher inside an ambulance clutching to life. You must have lost consciousness for a while depending on the level of the hit. Knowing where you are right now, you’ll come to the realization of the damage done to your boy. You cannot feel other part of your body, you cannot feel your leg. One thing will sharply come to mind, if you’ll be able to ever walk again or confined to the wheel chair forever. On reaching the hospital, you are announced to of how lucky you are to have survived being by a drunk driver. Knowing that the road to recovery will be a long one, one dilemma sets in, the cost of hospitalization and therapy. You cannot work, so how will you offset the bills. Be calm, insurance should cover a substantial part of the bills, even for the lost wages. Without any doubt of being hit by a drunk driver, an injury settlement will be tendered and not trial. Hence, to be commensurately compensated, you must be aware of the insurance laws, limits and no fault insurance limit. Avoid Immediate Settlement Don’t be coerced into an urgent settlement, ensure that your condition after the accident is fully ascertained before going into settlement. Expect the at fault driver’s insurance company to be gunning for an immediate and early settlement to quickly close the case and keep a low payout. What you think of a minor injuries may turn out to be serious in the aftermath or cause another serious damage to your health. In return for the early settlement, a release of liability form will be provided for you to sign. This is to prevent you from seeking any further settlement in the evident of a severe health issue arising later. You are advised to keep your record of financial loses which should include the medical expenses and the lost wages till after you are up and doing before considering any settlement offer. You also have leverage after the driver has been convicted of DUI to seek settlement. The insurance company would prefer out of court settlement as this will make the jury and judge sympathetic to your cause and injury. Be aware that there are limit of settlement an insurance company can provide, usually in the $50,000 range. Incase the damage exceed the state limit, there is a need to file a civil suit which will usually end in pre-trial settlement. In any event that there are many parties filing a suit against the same offender, the settlement will be lower for each party. Fault Vs. No Fault Insurance Laws. There are about a dozen state including New York, Florida and Pennsylvania which have the “no fault”auto insurance law in place. If you are in any of this state, your auto insurer is expected to cover your injury claims. State also has varying monetary limits claims for injuries, this is known as the personal injury protection (PIP) claims. From the above, you now understand the complex legal process involved in a settling a car […]
Read moreMost Common Swimming Pool Injuries
If any incident occurs around a swimming pool what comes to mind first is drowning, there’s a 70% probability that it is drowning. However, there are other several swimming pool related accidents and injuries aside drowning. For knowledge sake, other forms of this accidents will be discussed. Brain Damage Suffering a trauma to the head is one problem that is related to the swimming pool. An individual could suffer a brain injury due to a number of reasons; in and around the pool area is slippery. This could lead to a fall with the individual hitting the head on concrete. Aside this, near drowning can make an individual suffer oxygen deprivation to the brain. So also, a defective diving board or defective slides of a swimming pool could lead to a miscalculated fall. As a result of such damage to the brain, physical or mental disabilities may render an individual requiring support. Spinal Cord Damage This might result in permanent disability to any individual just like a brain damaged person. You should be aware that a damage to the spinal cord can be of different levels of gravity, may be minor or major damage. Most times, many forms of spinal cord damage are undiagnosed. An individual with a spinal cord injury may feel nothing on the tongue, tingling sensation on the limbs and total weakness of muscles. Drowning and Near Drowning This has been the second-leading of unintentional injury among children between the ages of 5 to 14 years in the United States. This is not just in the United States alone but in most countries of the world. There is an estimated 372,000 death resulting from drowning worldwide annually. Aside from these injuries, there are other swimming pool related injuries. Electrocutions due to defectives wiring, severe cuts to the face that can permanently disfigure an individual, and fracturing of bones are other common forms of injuries. Nonetheless, if the injury is as a result of negligent or intentional acts, victims have the right to seek compensation.
Read moreFive Questions to Answer Before Filing for Wrongful Death Claim
As a point of entry, a knowledge of what the subject denotes is important. Any form of negligence or misconduct by an individual that leads to the death of another is termed wrongful death. This means that any form of tragedy that could have been averted but due to the negligence of another lead to a death. Any intent to cause harm by the defendant may be met with both criminal and civil proceedings. While civil suits are meant to charge for damages and monetary loss that may have been suffered by the plaintiff, the criminal suit takes a different route. When an individual dies, there’s a family left behind to grieving over lost dreams. A wrongful death can be the loss of a spouse, son, sibling, parent, and other loved ones. As an individual who lost a loved one to wrongful death, you are permitted to make a claim. However, wrongful death is guided by prerequisites that border on timing, evidence, and qualifications of the plaintiffs. Before you sue for wrongful death, ensure you provide answers to the following questions; Who Are You to The Deceased? The statutes guiding wrongful death claim clearly specify who can be the plaintiff in a wrongful death suit. Only close family members can file a wrongful death claim, family members such as the spouse, children, parent and will executor. The aim of a wrongful death suit is the compensation of those who suffer a loss, which are the loved ones. In a case where the deceased have a will in place, the law court will appoint an executor who will file the claim. For example, if an unborn child is lost due to the negligence of the medical personnel, the parent of such unborn fetus are the plaintiff. What Is the Evidence? A solid prove must be available to back the claim of the plaintiff in the case of wrongful death. The element of negligence and the pain in every form that the death has caused must be clearly established by the wrongful death lawyer. A breach of duty or trust be clearly proven by the plaintiff representatives. Was There Any Breach of The Duty of Care? Under normal circumstances, an individual must ensure that their actions and inaction does not cause injury to another. If it can be proven that such are was not taken, then the plaintiff can file for wrongful death. For example, if a medical personnel does not administer treatment on a patient as when due, and this leads to the death of the patient, there will be a case of breach of duty. So also, any form of intentional action by an individual will also be proven with intent to cause harm. What Caused the Death? There will be a need to prove that the breach of care by the defendant was the direct cause of death. The cause of the death is one of the important questions that must be proven by the plaintiffs. For example, if a drunk driver hit a student suffering from Asthma, and in the cause died from the complications of Asthma, then […]
Read more