Settling Your Car Accident Case

Negotiating with the opposing party will take some time; usually several days if not a week or two. If neither you or the opposing side can agree to an offer, you would be wise to use some of the following strategies to move things along:

Seek Out a Neutral Party

If you and the opposing party are unable to reach a compromise, you could bring in a professional third party to help mediate the talks. A good candidate for a mediator would be a professional personal injury lawyer, and preferably one who has had experienced in mediating other cases. In addition, the mediator should be completely neutral and not biased for or against either party in the negotiations. The advantage to bringing in a mediator is that they can give both sides a new perspective on things, and perhaps open up new possibilities for a settlement. Which makes it extremely important to have the best criminal defense lawyer by your side when this happens.

Only Make Written Offers

You should try to avoid back-and-forth verbal proposals with the opposing party. Write down all of your proposals you make so that there is no confusion as to the content of it.

Reaching an Agreement

car accident attorneyRegardless of how you come near to an agreement, whether it’s by negotiation on your own or by the help of a thirty party mediator, at some point you may be presented with an offer that, while not what you were hoping for, could still work in your view. Before you sign off on the offer, be sure to thoroughly check it over with your criminal defense lawyer in Sunnyvale. Looks to see which of your medical bills will be paid for, if you have received reasonable compensation, and if your insurance rates will not skyrocket to levels that you cannot afford.

In order for an insurance company to agree to a deal and send a check, it has to receive the signatures for a release by both parties; a release is a legal document that states the injured party will accept the monetary amount in the settlement in exchange for not pursuing more claims about the accident.

What Can You Expect From a Car Accident Case?

When car accidents happen, the driver of the vehicle involved in the crash will usually be held responsible and be forced to pay the damages. However, car accidents are not always all this simple. The laws, as they are with most things, are complicated with car accidents as well. For example, how does insurance fit into everything? How do injury claims work? These are just a couple of the questions that can arise in a car accident case.

Source: Michael Dreishpoon, a criminal defense lawyer in Queens.

Legal Duty

car accidentA duty is what each driver on the road owes to all of the other drivers on the road. For example, as soon as you step behind the wheel of your car and pull out onto the road, you have a duty to share that road with everyone else who uses it: other drivers, pedestrians, passengers, and cyclists.

In order to be charged with causing a car accident, you have to be charged with breaching your duty (more info on the right criminal defense lawyer here). The opposing party who is filing a lawsuit against you will want to prove that the accident was the result of your negligence. In order to determine if you breached your legal duty, your actions will be compared to what a reasonable driver would have done.

It will be determined that you were negligent if the jury decides you didn’t act as cautiously as how a normal driver would have; an example of how they can prove this is if you have ever been ticketed for a traffic violation. Another way they can prove you were not cautious enough is if the car accident led to the injury of a pedestrian or of another driver. While this is certainly not enough to prove that the driver was entirely responsible for the accident, it will prove that you were negligent and therefore contributed to the injuries sustained in the car accident case. If the driver were truly responsible for the accident, it would have to be proved that the injuries in the accident would not have happened had it not been for the driver’s negligence.

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Understanding Tax Penalties

Tax law is an area of law that, like most areas of law, changes constantly. Every year, individuals and companies alike will have new questions about the changes that have been made in tax laws, especially those who face tax debts or don’t have the tax knowledge that an experienced tax lawyer would bring to the table.

There’s no denying that tax laws can be scary, and getting something wrong may result in some penalties and fines. Here are examples of tax penalties:

Audits

A tax audit is where either the IRS or the state reviews tax returns, but both are still extremely limited by what they can do. If you are being audited, you can find out your rights by contacting an attorney.

Fines

The IRS can legally fine you if any of your tax returns are fake, inaccurate, or not submitted by the deadlines. The fines in and of themselves are small, but they will add up, even if the mistakes you made are honest.

Liens

Liens are a failure to pay taxes or fines that result in a lien on your property. If you aren’t sure what a lien is, a lien is a way for the IRS to use your property for money that you owe the government (source: immigration attorney). If you continue to fail to pay back your fines, you may eventually lose your property.

Here’s the thing, no one is saying that tax laws aren’t scary. They are very complicated and they are ever changing. You may not know your rights or what you did wrong that’s resulting in an audit, fine, or lien. If you find difficulty in keeping up to date with tax laws, one of the best things you can do is hire a tax attorney. It will cost you some money, but it may turn out to be a worthy investment in the long run since you’ll be avoided any of the above penalties that we discussed. With the help of a tax lawyer, you’ll be able to avoid mistakes ranging from miniscule to detrimental.

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When is the Driver at Fault?

As a common rule of the road, drivers need to be very careful driving when pedestrians are around. However, in some accidents the pedestrians can actually be at fault, and if the damage or injuries are serious enough, may be held liable for the driver’s damages. So what are some specific scenarios where the driver is technically at fault?

When the Driver is Exclusively at Fault

auto accidentThe responsibility of the drivers on the road is referred to a duty of reasonable care. All drivers are held to the same standards, and their actions in an accident will be weighed against these standards in the courtroom. This means that a driver has to be vigilant and hold their car under strict control when knowing that pedestrians are nearby. For instance, even if the allotted driving speed is only twenty miles an hour, the driver will still have to slow down when there are pedestrians walking or riding a bike on the road. The standard here is that any responsible driver would naturally slow down to avoid a possible collision with the driver.

As long as the pedestrian did nothing to lead to the accident and no other individuals contributed to the accident, and as long as the driver failed to meet the driving standards that our society has set, the driver will almost always be held responsible for the accident and the blame will fall on them. However, there are also situations where the driver is partially but not fully at fault in driving accidents.

When the Driver is Partially at Fault

Not every car accident has to have only one party be guilty of the accident. In fact, in a plurality or majority of car accidents more than one party are probably responsible. This means that more than one party acted against the standards of the road. In this situation, the jury may choose to find both parties in a lawsuit guilty and have them pay a specified percentage in damages to the other.

Whose Fault is it for Pedestrian Car Accidents?

auto accidentsBeing hit by a vehicle will be a traumatic and possible a tragic accident for two sides of people: the victim of the accident, and the individual who hit them with their car, whether it was an accident or not. Immediately following the accident, you would be more concerned for you or someone else’s safety if you’re ever on either side of the accident. Questions about a legal case probably wouldn’t come to mind until once the aftermath of the accident has set in.

If someone suffered injuries in the accident and if someone else was responsible for those injuries, a lawsuit or some sort of legal case will almost always result. But whose fault is it in a pedestrian accident?

Who’s Fault Is It?

Without deciding whose fault it is in an accident, the entire lawsuit will be meaningless. Unfortunately, it can be very difficult to decide whose fault it really is. Things to take into consideration for deciding whose fault it is will include finding out if the driver ran a red light, if he or she was speeding, if they were under the influence, or if the pedestrian is technically at fault and could have easily avoided the accident. For instance, did the pedestrian wander out into the middle of traffic while distracted by their phone?

The pedestrian will only be able to win a case if they can prove that the driver is somehow at fault. Unless if the pedestrian wandered out into traffic and there was no way for the driver to avoid the pedestrian, the driver will almost always be at fault or partially at fault.

On the other hand, it’s also entirely possible that neither the driver or the pedestrian are at fault, but that a different person caused the accident. Perhaps another driver or another pedestrian on the road caused the accident when they ran a red light or stepped into the middle of the street and forced a driver to swerve and avoid them.

Types of Intellectual Property

There are three main kinds of intellectual property, and all three are protected:

Copyrights

Copyrights protect expressive arts. This means that owners have rights to reproduce their work and display it as they see fit, and also have the right to benefit financially from their work. Copyrights prevent other people from financially benefiting from the owner’s work without permission from the owner.

intellectual property rightsPatents

Patents protect inventions for a certain period of time just like a personal injury lawyer in Houston would a bus patron who had been injured in an accident. They protect a particular invention from being produced, sold and made by others. Examples of patents include the utility patent, which protect inventions that have a specific function; design patents, which protect the way a manufactured entity appears; and plant patents, which protect different kinds of hybrid plants.

The only way for an inventor’s device to be patented is for their device to be approved by the US Patent and Trademark Office. However, because the Patent and Trademark Office receives hundreds if not thousands of new requests every day, it can take several months for a request to be reviewed, let alone approved. As your invention is being reviewed, you would be wise to consult with an intellectual property attorney in the meantime to protect your invention and make a profit out of it.

Trademarks

Trademarks protect the names and symbols of products and businesses. This makes it very easy for people and consumers to tell companies and businesses apart from one another, while also helping prevent faux companies from pretending to be a real one. Once a company begins using a name or symbol to identify themselves, it will automatically become a trademark and they won’t need to file it with the government.

Intellectual property rights are important, and these laws are designed to ensure that they are protected. If you ever come into conflict with any of these, immediately seek the help of an intellectual property lawyer. With the help of a lawyer, you can sue for any lost funds or royalties you otherwise would have gained, and the individual or organization who did violate your property rights will have to fully compensate you.

The Job Description Of The Family Lawyer

Family law is a branch of the legal profession that deals with legal issues involving relationships and family matters. Some of these matters include divorce, adoption, child custody and marital property. Some people mix up this branch of law with estate law but they are not quite the same. Matters like inheritance, probate and sharing the assets of a deceased person fall under the estate category so you need an estate lawyer for these matters.

Becoming a Family Lawyer
If you want to become a family lawyer, you should qualify as a barrister and solicitor first. This means you should study in the university and get the law degree. After you get this degree, you attend law school and pass the relevant examination. Once you do this, you are called to the bar. At this point, you are a barrister and solicitor. You can work in any reputable chamber as a solicitor and you can also work as an advocate. However, you are not yet a specialist in family law. To specialize in this branch of the legal profession, you have two options.

Specializing in Family Law
If you want to become a specialist in this field, you should take a Master’s degree in this branch of law. In most cases, you can finish the program between twelve and eighteen months. Once you have a post-graduate qualification, you are on your way to becoming a competent specialist in this field. Another way to specialize in this area is to get a job in a reputable firm that handles family law cases. This is a wonderful option because because it will give you the opportunity to learn many things. You might work under a senior colleague initially and learn from this expert. You might even start out as a solicitor preparing cases and doing research for other advocates in the firm. You will definitely learn a lot from this and the knowledge will help you when you start going to court to handle cases of your own.

Qualities a Family Lawyer Should Have
If you want to succeed in this branch of the legal profession, you need the right qualities. These qualities include patience, empathy, a listening ear and an eye for detail. Remember that you are dealing with human beings and the different challenges they face within the family unit. For this reason, you should always approach all the cases you handle from a humane perspective.

The Interest of the Client
If you want to succeed as a family lawyer, you must put the interest of the client first. For instance, if you are handling a divorce case and one of the parties is not keen on legal separation, you should advise the couple to resolve their differences and settle out of court. Again, you should always consider the interest of the children in divorce and child custody cases.

Final Word
Being a family lawyer is a wonderful experience. First, you get the qualification then you get the experience and you use these to help people. This is a rewarding and fulfilling way to earn your living.

Objectives Of Criminal Law

Can you imagine a world without any legality? Of course, it is just not possible to think of a world without laws. Although various types of laws exist to keep things in societies in order, criminal law is the most important one. It is a legal body that deals with crime, and this includes threatening, harm doing, or endangering to the health, property, safety and welfare of people. Any person who violates the rules and regulations is liable for punishment under relevant provisions. There are many reasons and objectives behind criminal legality.

Objectives of the criminal law

Retribution

Criminals need to be punished in some way for their crimes, and this is the most popular objective. Criminals have inflicted unfair detriment or taken improper advantage of others. As such, legal authorities have to step in to punish crime committing individuals by putting them at some unpleasant disadvantages in order to balance the scales. People have fundamentals rights not to be murdered or harmed in any manner by anyone. Folks, who contravene with the laws, actually surrender their rights granted to them and deserve a suitable punishment to keep things in order.

Deterrence

Individual deterrence in law aims in the direction of a particular offender. The goal is to impose adequate penalty to discourage any offender from criminal behavior. General deterrence is aimed towards the society at large. By imposing strict penalties on offenders, other potential criminals are discouraged from getting involved in those crimes.

Incapacitation

In many cases, it has been observed that some criminals get into crimes every now and then after a small punishment. To avoid such a scene, it is necessary to keep the criminals away from the society. If such criminals are not given harsh punishment, they pose a severe threat to normal, good citizens. Also, good people deserve to be safe from criminals. Criminal law thrives to achieve this goal through prison sentences, including death penalty and banishment. After getting severe punishment, many criminals give up their crime career and prefer to live a normal life like other citizens.

Rehabilitation

Law also aims to transform an offender into a good, valuable member of the society through rehabilitation. The main goal of rehabilitation is to avoid further offense by the offender. This is achieved by convincing him that his behavior was wrong. Once the offender understands that his conduct is not only harmful to others, but himself, he transforms into a good citizen and works towards the betterment of the society after getting out of the prison.

Restoration

It is a victim-oriented punishment theory and geared towards the betterment of the victim. The aim is to repair any injury and harm done to the victim by the offender. For instance, a robber is required to repay the robbed amount to the victim. Restoration is usually combined with other goals of criminal justice; it is closely related to the concepts in the civil law. This means returning the victim to his/her original position before the injury by way of medical help and suitable monetary compensation.

The Wild, Wild World Of Wrongful Death Law

The eyes of the law is partial to wrongful death law for a number of reasons. First, the subject of the case is already deceased and therefore, cannot technically sue for damages. And that’s why wrongful death cases can only be brought to court by a close family relative of the person who has passed away. To-date, no legal remedy yet exists that can allow the dear departed to be represented in the courts of law.

However, with the advent of AI or artificial intelligence, doors might open that can possibly allow for a deceased person to be represented as in the case of a robot or a human software. But then again, that is peering way too far ahead into the future; a detour is in order.

At Death’s Door: How a Case Proceeds from a Dead Person

Also when it comes to wrongful death law, the subject is often referred to as the decedent. This is the legal term for a person who has died. The premise of the law in question is actually very simple when you come to think of it.

In a nutshell, it’s a case against anyone or anything that has caused the death of someone. Although the definition of someone can refer to a pet such as a dog or a cat, there has not been many sightings of such cases being filed. Also, the loss of an entity as opposed to an individual has rarely figured as a cause for filing a wrongful death case. If the opposite were true, then just about anyone could sue for the wrongful death of his or her business or even a way of life.

How It All Began

The landmark case for wrongful death dates as far back as 1846 and is commonly referred to as the Lord Campbell Act. Since then, related or similar cases have built steadily on the original premise of the act in the usual manner that legal precedents do.

The Curious Case for Civil Arbitration

One key difference that sets wrongful death law apart from a murder or similar investigation is that it is always a civil suit instead of a criminal prosecution. As such, the burden of proof isn’t as heavy as a criminal case. In this manner, wrongful death arbitration becomes similar to personal injury law or even car accident law.

The burden of proof in the case of wrongful death varies from country to country and in the case of the United States, from state to state. For example, in Australia, having signed what is known as a waiver is an effective means to deter a person from pursuing any wrongful death claim. Generally, in the U.S., the standard of proof being applied is just how much evidence the accuser has. Thus, the case succeeds in the plaintiff’s favor when a litany of evidence is presented as opposed to say, burden of proof, beyond reasonable doubt or litmus test.

Death Law Origins

Wrongful death prosecution originates from what is known in the courts of England as tort law. The keyword here is tortious, as when someone is tortured or inflicted damage in one way or another. As the mother of all injury laws, a thread runs through from the parent and down to the child. This makes wrongful death law a direct descendant of all tort litigation.

Steps To Take Following A Car Accident

Today, there are many accidents on the roads and most of them are caused by collisions and car crashes. With the growing risk on roads, people are beginning to realize the need to understand what to do in case of a road accident. However, this has not translated into wining reasonable compensation for many victims of car accidents. So what should you do immediately after an accident? Whether you are the driver, passenger or any other road user, it is advisable to remain calm and quiet about who is at fault.

Although this is the simplest thing to do, it remains one of the greatest undoing by many people who are involved in a car accident. Ordinarily, the rules of evidence do not permit the out of court statements also known as hearsay. However, there are circumstances where simple admissions or indications of fault can be messy than you thought. Did you know that even a simple statement of “am sorry” can be potentially harmful to you when the matter finally comes before the court of law?

The other thing you should do is to take or record any statements made by the other car operator. You can make use of your smart phone or such other gadgets to record voice just after the accident. You need to gather as much evidence and information as possible. You certainly need to know the name and address of the driver, license number, car registration number and the insurance information. Where possible, collect any information regarding the witnesses, descriptions of the scene of the accident, weather conditions at the time of the accident, and photographs of the vehicles involved in the accident among other relevant pieces of information that would be material to your case. Also do not forget to note down the police officers who came to witness the scene of the accident.

Of course, you do not want to forget about seeking immediate medical attention. Remember that whiplash motion as a result of a car accident can cause you injuries which may not be noticeable but whose effect can be serious over time. As a plaintiff, you do not want the defendant and his lawyer to underestimate the gravity of your injuries in a negligence case. Therefore, you need to visit a certified medical practitioner to perform checks and document the injuries that you may have sustained.

All these things are done to ensure that you protect your right to reasonable compensation. But you can seal the loopholes by contacting an experienced a car accident lawyer or personal injury lawyer to help you navigate the challenging waters of seeking compensation. Many people think that having been involved in an accident is evidence enough to help them obtain compensation but the truth is going it alone without the help of a legal counsel can be detrimental to your case. In other words, you subject yourself to the vulnerabilities of being challenged by the tactics of the opposing lawyer or insurance company. Do not accept to sign anything before you consult your lawyer as this may curtail your right to a fair compensation.