Go to Top

Rights

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 Regardless 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 A 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. Get partnered up with the best criminal lawyer in Queens New York.

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 The 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.

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. Patents Patents protect inventions for a certain period of time just like a bus accident attorney 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.