Pro Law Guide: Blog Pro Law Guide: Blog https://www.prolawguide.com/blog/ Copyright by Pro Law Guide en Pro Law Guide Wed, 28 Sep 2022 00:08:19 -0400 Things You Need to Know Before Visting Criminal Lawyer Being accused of a crime is one of the most frightening things that can happen to you. Chances are you did not do it and are scared about how to explain yourself to your lawyer. But it would help if you were ready for your first meeting with an attorney. The popular criminal lawyer in Phoenix, AZ, make their clients feel worth every penny. Here in this article, you will get to know some things you should do before you meet with them.

Who is a Criminal Lawyer?

A criminal lawyer is a person who has been trained to handle cases that involve criminal law. They usually work for the government, a prosecutor's office, or a corporation dealing with legal matters. A criminal lawyer may also work for an individual involved in a criminal case.

Criminal lawyers can help clients resolve their legal issues in many ways. For example, they can represent their clients in court and try to get them acquitted if they have been charged with a crime. They might also help clients negotiate with the prosecution or plea bargain with them instead of going to trial.

Why Do You Need a Criminal Attorney?

If you are facing criminal charges, you must hire a DUI lawyer in Tempe, AZ. Here are some reasons why:

Criminal charges can result in serious penalties, including jail time and fines. The penalties for a crime may depend on the severity of your actions, whether or not there were any injuries or deaths resulting from your actions, and whether you have never before been convicted of a crime. A criminal attorney can help you avoid harsh punishments by negotiating with prosecutors to get them to drop certain charges or reduce sentences so that they fit within the law's parameters.

When facing charges, you need someone who understands how the court system works and what it takes to win your case. Your attorney should have experience in working with various types of cases so that they can advocate for you properly. If you are unsure about what type of lawyer would be good enough for you, talk with family members or friends who have been through similar situations and ask them what they would recommend doing the next step forward from here.

How Much Does a Criminal Attorney Cost?

The costs associated with hiring a lawyer vary widely depending on where in the country you live. In some areas, it may cost less than $500; in others, it could be as high as $150 per hour or more (and those are just averages). Some states, like California, allow lawyers to charge clients without first setting up an hourly rate agreement.

Conclusion

When you are visiting a criminal lawyer, there are a few things that you have to keep in mind. It would be best if you understood that there is no typical day at a law firm or with any other criminal defence attorney. You must know everything related to a criminal lawyer in Phoenix, AZ.

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Uncategorized https://www.prolawguide.com/blog/things-you-need-to-know-before-visting-criminal-lawyer/ https://www.prolawguide.com/blog/things-you-need-to-know-before-visting-criminal-lawyer/ Editor Wed, 21 Sep 2022 06:30:22 -0400
How Does A Lien Affect Your Personal Injury Case? A lien is a third party's legitimate right to receive all or a portion of the settlement funds. That third party could be anybody, from a physician who treated you, to an ex-spouse who owes you child maintenance. In essence, the lien is a demand for payment, and the law acknowledges that some parties can have a greater claim to your settlement funds than you have. If a lien has been put on your settlement, it will be paid off before you collect your money. However, for this, note that you will need a personal injury attorney by your side. 

Find out more about liens in this article, including exactly what they are, who really can file them, and the impact they can have on the compensation you receive for your injuries.

Typical Lien Types

Some of the most frequent liens in a case of personal injury include those from your health professional or the insurance companies. Usually, medical procedures can be pricey, and your insurance will want to know whether you're bringing a personal injury claim.

Medical Facility Liens

In accordance with hospital lien regulations, a hospital may file a lien for "reasonable charges" associated with your care and treatment. The hospital will probably give you a lien letter to sign while you're there. Your agreement to submit to the lien and pay them from your settlement when you get it is confirmed in that letter. Both doctors and nurses in the state of Idaho are eligible for liens. Different states have different rules. 

Liens on Medicare and Medicaid

The government has a right to reimbursement for any part of your hospital care that was funded by tax dollars. According to Idaho's Medicaid recovery statute, the state has a fundamental claim to recover the funds it spent on your care if your settlement does not really specify a part related to medical costs. They get "first dibs" on your settlement, to put it simply, so they can get their funds refunded.

V.A. Liens

Similar to Medicare and Medicaid, the Veterans Administration is a government agency. Hence, the same regulations apply here as well. The VA can and will put a lien on your settlement if it paid for just any portion of your treatment.

Liens for Workers' Compensation

Did you sustain an injury at work? In the event that worker's compensation is paid for your medical costs, your employer may file a lien on your settlement to cover the sum paid for your care. Idaho does, however, offer an exemption if your accident was determined to have been caused in whole or in part by your employer.

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8 Questions Everyone Asks About Alimony One of the biggest concerns people have when they’re facing a divorce is how their standard of living will change – and whether they’ll need to pay or will receive spousal support.

Below is a list of the most frequently asked questions about alimony and our answers. Of course, each couple’s case is unique and your particular circumstances will determine the exact path your process will take. That’s where the divorce attorney you ultimately choose to represent you can get more specific.

1. “HOW DO I GET ALIMONY AFTER MY DIVORCE?”

You can request it as part of your divorce proceeding. If you and your spouse agree on an alimony payment, you can ask the judge to make it part of the court order. If not, the judge will decide whether you’re entitled to receive alimony. Each state has laws about what qualifies you for alimony. Tip: You can’t request alimony after your case is over, so talk with your attorney about your best way forward.

2. “CAN I GET MY ALIMONY JUDGMENT CHANGED AFTER THE DIVORCE?”

If there’s been a change in your individual circumstances, the court may order a change. For example, the judge may modify an award if the spouse paying alimony experienced a situation that impacts his or her ability to pay. If you’re receiving alimony payments and there’s been a change in your needs, that could also warrant a modification.

3. “HOW LONG CAN I RECEIVE ALIMONY?

If you and your spouse can agree on the length of your alimony agreement, the judge will include that in your court order. If you can’t, the judge will decide what’s best for your individual situation. For example, limited duration alimony will last for a certain amount of time, for example, to give the receiving spouse a chance to get training to earn a job to support himself or herself. Absent extenuating circumstances, limited duration alimony cannot last any longer than the total years of your marriage. It’s common in many settlement agreements for alimony to last about half of the total duration of your marriage, but again, that length is subject to negotiation. There’s also permanent alimony, called open durational alimony, which can last until either spouse dies or the court deems alimony is no longer appropriate in your case. Although it varies by state, in order to qualify for open durational alimony, there may be a requirement to have been married for an extended period. For example, in New Jersey you need to have been married for 20 years or longer.

4. “WHAT IF MY EX WANTS ME TO PAY ALIMONY – AND I DON’T THINK THEY NEED MY FINANCIAL SUPPORT?”

When you and your ex can’t agree on alimony, the judge will decide whether an alimony award should be made, for how much, and for how long a duration.

5. “I’M A GUY. CAN I ASK MY EX FOR ALIMONY?”

Yes. Gender is irrelevant when requesting alimony.

6. “CAN WE SETTLE AN ALIMONY PAYMENT OUTSIDE OF COURT?”

Absolutely! You can agree to any alimony arrangement that the two of you believe to be fair and reasonable. However, you must include that agreement in your divorce order from the court, or risk your ex stopping payments whenever he or she wants.

7. “WHAT IF MY EX IS BEHIND IN THEIR COURT-ORDERED ALIMONY PAYMENTS?”

You can file a motion to enforce the order and even to have support paid through wage garnishment. Consult with your attorney about the best way to proceed.

8. “HOW ARE ALIMONY PAYMENTS CALCULATED?”

This is different from child support, where there are clear guidelines for determining the payment. There’s no alimony calculator. Each state has different laws governing spousal support.

Factors may include:

  • the requesting spouse’s actual needs and the other’s ability to pay
  • the length of the marriage      
  • each person’s age and physical and emotional health
  • each person’s income, earning capacity, education, and ability to be employed
  • the standard of living during the marriage
  • parenting responsibilities
  • how much time and money it would take for the dependent spouse to support themselves
  • each party’s financial or non-financial contributions to the marriage.

Have additional questions about Alimony? Consulting with an attorney in your state about your divorce agreement, including alimony and child support.

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What to Do After a Deadly Accident in Nevada? Check Here Traffic accidents in Nevada resulted in over 330 fatalities in 2021. Nothing is worse than losing a loved one in such an accident, and you can feel a lot worse if you were in the same car. Nevada is a fault state, which means that the driver responsible for the deadly crash accident is liable for your losses. While you are legally entitled to seek a settlement if you can prove the other party’s fault, what you do immediately after the crash makes a big difference. Here’s a list of the steps you need to follow.

  1. Remain at the scene. Don’t be tempted to leave the scene, no matter what or who caused the crash. A hit-and-run case in Nevada is a felony, which could mean spending up to 20 years in jail.
  2. Call 911. Ensure that you call 911 soon after the accident to seek medical assistance. Don’t try to help someone unless you are trained, and more importantly, do not ignore your injuries. You may have a valid personal injury lawsuit too.
  3. Note as many details as you can. Understandably, you are in a state of shock and don’t want to do anything other than seek medical care. However, this is the time to gather minute details that may help file a lawsuit. If you are okay, use your phone to take photographs. Also, write down all you can remember about the accident on paper.
  4. Get key details. Talk to the other driver and ask about their license number, vehicle details, and insurance info. Check if other people witnessed the accident and note down their contact details.
  5. Do not admit fault. Even if you believe that you were partly responsible for the crash, don’t admit fault to anyone. Admitting wrongdoing can have consequences, and you may not recover the compensation you deserve.
  6. Don’t say that you are not hurt. You have no business telling the other driver that you are unhurt. Some injuries only develop weeks after the accident, and anything you say at the scene can go against you.

Call an attorney

Wrongful death lawsuits are often complicated, and the insurance company will try to deny your claim as the settlements for such claims are higher. Also, you may end up making mistakes that may impact your lawsuit. There is also a deadline of two years in Nevada for such lawsuits. An attorney can ensure that you don’t miss any aspect.

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How Can a Law Firm Help You if You Are Dismissed From School? Academic dismissal or getting dismissed from school can leave a negative mark on your overall academic profile. Students come to educational institutions with a lot of hopes and dreams to pursue the courses that will shape their future. Most of the students do well and achieve the grades as expected by the school. However, there are some students who do not meet the expectations set by the college and perform poorly in their exams. Also, there are some instances where their activity violates the code of conduct of the school. In such cases, the student faces academic dismissal. 

If you are dismissed from school for no fault of your own, you can always take the help of a reputable law firm to appeal dismissal from school. The law firm will help you in the following ways:-

Check the grounds of dismissal: The law firm will check all the facts and grounds of dismissal properly before an appeal to the court of law against your dismissal. They will ensure that the case is valid or not. To determine this, the lawyer will go through the institute’s rule book thoroughly. Many of the terms and conditions mentioned in these rule books use legal language which is not understood by laymen. Therefore, the law firm will take care of this procedure and ensure that there are no loopholes in the case.

Check the underlying causes: Not all academic dismissals are due to the fault of the student. There are some extenuating circumstances that can lead to the poor academic performance of the student, like a family crisis, financial issues, health issues, psychological issues, unexpected death of a family member, or an undiagnosed learning disability of the student. The law firm collects the right documents to present your case in such a manner that you will not face dismissal. They will also gather evidence and present the case in an appealing manner.

Handles the appeal process: The law firm has past experience in handling similar cases. Therefore, they know the entire procedure properly. They will advise you about the whole appeal process and guide you on how to answer the questions put forth by the school’s appeals committee. As the rules vary from college to college, law firms know the commonalities between them. This makes their presence in the appeals case more important. 

Academic dismissal can anger you as a student. However, you can always ask for an in-person appeal or a written appeal to reconsider your enrollment. Having a law firm by your side will increase your chances of being granted an appeal. This will help you get your normal life back. 

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Tips for Writing an Ironclad Will When a person passes away, emotions can run high. Grieving family and friends are often overwhelmed with stress, sadness, and anxiety, especially when there is a funeral to plan and an estate to settle. That’s why it is absolutely critical to have a strong, incontestable will in place that clearly designates your intentions for every single one of your assets, tangible and intangible. There is much more that goes into creating a strong will that your attorney can help you with. Read on for some tips on creating an ironclad will.

1. Include Mental Health Validation

If you are concerned at all about your will being contested, start by scheduling an appointment with a psychiatrist. Even if you don’t regularly receive treatment for a mental health condition, you can speak with a psychiatrist who can verify that you are in full control of your facilities. A mental health validation can be included with your will to verify that you were of totally sound mind when you wrote it and made your decisions. This will make it much more difficult for anyone to undermine your will in the future.

2. Find a Good Attorney

One of the most key elements of creating a strong will is enlisting the help of an experienced estates attorney. You will want to work with someone who has drafted wills in the past and understands the entire process well. That way, you can rest assured that your will will cover each and every one of your assets and that all of your legal documents will be properly filed. Documentation can be complicated, so working with a professional is critical.

3. Add a No-Contest Clause

If you are worried that your will may be contested, consider a no-contest clause. This clause will make it so that if a beneficiary challenges your will and loses, they will no longer be entitled to their inheritance. This decrease the likelihood of the will being challenged. Many people choose to include these clauses because they want to ensure there is no conflict between beneficiaries and that their intentions are respected and honored. Settling an estate can cause issues between friends and family, so including a no-contest clause is a good way to try to discourage anyone from challenging the will.  

4. Consider Undue Influence

Wills can easily be challenged if it seems apparent that they have been drafted under the undue influence of another person. This might be possible in the case of an elderly person who lives with and depends upon their adult child, for example. If there is any indication you were subject to pressure, your will could be contested in probate court. If you think an heir could make a claim like this against a specific person and want to ensure that you have made your decisions free of influence, ask that individual not to be present during your meetings with your estate planning attorney.

5. Talk to Friends and Family

Depending on your specific situation, people may have strong feelings about your choices. Inheritance can cause spouses and children to clash and argue, especially if there is a high value attached to anything, whether that be personal or financial. The best way to head off arguments is by speaking candidly with your loved ones about your intentions. Let them know what you are planning and ask for their opinions if you want to consider them. You might be surprised by what you learn, and it might actually make it even easier to designate beneficiaries. Your attorney can help you communicate effectively with your heirs in a collaborative way with the goal of making sure everyone is happy as possible while also respecting your decisions.

In Conclusion

If you are concerned your will might be contested, reach out to an experienced estates attorney. They can help you examine your specific case, evaluate your assets, and put together all of the necessary documents to protect your will in probate court. You should be able to decide what happens to your belongings after your passing. Make sure that you have an ironclad will in place early on in life, and revisit it from time to time as your circumstances change.

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What is a Catastrophic Injury?

Accidents happen, and when they do, the injuries sustained can range from minor cuts or scrapes to more serious injuries that can be catastrophic. An injury is usually classified as “catastrophic” when it happens abruptly and results in injuries to a victim that is life-changing, permanent, or have long-term consequences.

Catastrophic injuries can be overwhelmingly costly, and every victim should discuss a possible legal case with a New Jersey personal injury attorney right away.

Types of Catastrophic Injuries

Spinal cord injuries that result in paralysis typically come to mind when one is thinking about catastrophic injuries. Other catastrophic injuries may include the following:

  • Birth injury
  • Brain injury
  • Nerve damage
  • Neurological damage
  • Loss of hearing or sight
  • Facial injury
  • Eye injury
  • Amputation

Spinal Cord Injuries

Of all the catastrophic injuries that occur, a spinal cord injury is one of the most serious. This type of catastrophic injury typically occurs as the result of car accidents, trampoline accidents, and falls from heights, especially in construction accidents. Spinal cord injuries are often life-changing as they can leave the victim with total or partial loss of the use of their limbs and torso. In severe cases, it can even lead to permanent and complete paralysis, possibly requiring life-long specialized medical and personal care.

Traumatic Brain Injury

Traumatic brain injury (TBI) is another common catastrophic injury that can leave the victim unable to function as they once did. TBIs are often the result of vehicle accidents, with bicyclists and pedestrians being the most at risk. How a TBI victim is impacted depends on the severity of the brain injury, with many facing lasting and debilitating cognitive and emotional impairments. These impairments can change how you live your life, as well as your ability to continue working and earning a living for the rest of your life.

Recovering from Your Catastrophic Injury

Hiring a personal injury lawyer is critical in a victim’s recovery, since obtaining financial recovery helps make life as comfortable and close to normal as possible. At Varcadipane & Pinnisi, PC, we have experienced lawyers who help catastrophic injury victims obtain the maximum compensation for their injuries. We have the resources to successfully handle complex cases, which oftentimes involve high-value claims. We know how to deal with insurance companies that are notorious for downplaying the severity of a victim’s injuries and their pain and suffering.

We are here to make sure you obtain maximum compensation for all of your losses, including:

  • Current and future medical expenses
  • Lost income and future lost earnings
  • Permanent disability, impairment, or disfigurement
  • Pain and suffering
  • Mental anguish and loss of consortium

Call a New Jersey Personal Injury Lawyer For Help

If you or a loved one has suffered a catastrophic injury, you need an experienced personal injury lawyer by your side. A personal injury lawyer will explain and guide you through the complicated legal process with the objective of getting you the best outcome in the end, given your devastating circumstances. The attorneys at Varcadipane & Pinnisi, PC are ready to fight for you, so please do not hesitate to contact us for a free case evaluation.

Author

Dawn M. Pinnisi is a Managing Partner of the Firm.  She was born and raised in Brooklyn and attended Brooklyn Law School.  Ms. Pinnisi predominantly handles injury claims in New York and New Jersey on behalf of victims of product liability, professional malpractice, and negligence.  She has twenty years of litigation experience advocating for injured clients and has recovered millions of dollars in jury verdicts, settlements, arbitrations, and mediations on behalf of injury victims.

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Guilty but Not Guilty of What You've Been Charged with? Here's What to Do! If you have been charged with an offence and you know you are guilty but some details are wrong or misconstrued, it's important that you seek legal advice before accepting a guilty plea. Why? Because it may see you receive a harsher penalty as a result and, this can be detrimental to your future. You should know exactly what you've been charged with and the evidence surrounding it. In this post, you'll find information on pleading not guilty to traffic offences and the process involved.

Who can plead not guilty to a traffic offence?

Anyone can plead not guilty to a traffic offence however, there are very limited circumstances where a not guilty plea will be considered, especially for offences such as drink driving or driving under the influence of drugs. If you believe you are not responsible for the offence or you do not agree with the facts that have been alleged against you, you should not plead guilty. Too often, people can't be bothered fighting a guilty charge or don't know how to and just cop whatever penalty the Magistrate gives them. It is never a good idea to do this as you may receive a harsher penalty than you deserve.

Who shouldn't plead not guilty to a traffic offence?

If you have been charged with a traffic offence and there is sufficient evidence against you, and you are in fact guilty of the charge, attempting to plead not guilty can end badly for you. Queensland courts take a tough stance on this and will likely impose a tougher penalty on you for wasting their time. If you are guilty and the information in the police brief is correct, it is in your best interest to plead guilty. This can save you time too.

How does it work if you want to plead not guilty?

If you haven't already sought legal advice and you appear in court, your matter will likely be adjourned for around 4 to 6 weeks. During this time, you can seek legal advice (which is strongly advisable) and the police will spend this time coming up with a brief of evidence against you.

What is a brief of evidence?

A brief of evidence is the evidence the police have on you surrounding your offence. This will be used against you to prove your guilt when your matter is heard in court. Police can only use the information contained in the brief and cannot call in additional evidence in most instances.

The court registrar will set a date that the police need to serve you with the brief of evidence although, they don't always meet this deadline. The registrar will normally give them additional time to serve you if they have an adequate reason for not serving you in the stipulated timeframe.

Your legal costs may be able to be covered by the police if they fail to serve you the brief in time. If this has happened to you, be sure to speak to your legal representative about where you stand concerning this.

Requesting your hearing date

The next time you appear in court, your legal representative will be requesting a hearing date from the registrar. At this time, you'll be asked to fill out a court listing advice. You may be asked what you are disputing.

If a person or business relevant to your case can provide evidence to support your case, they may be subpoenaed. If this is the case, your lawyer will request another court date so they can obtain this information and investigate it before your matter is heard.

The day of your hearing

When the day of your hearing comes, the prosecution will present evidence against you to the court. Once all the evidence is presented, the Magistrate will determine whether you are found guilty or not guilty. To be found guilty, the police must be able to prove beyond a reasonable doubt that you are guilty. If there is any doubt, the charge must be dismissed.

The prosecution

During this phase of the court hearing, the prosecution will likely call in witnesses if any, to prove that you are guilty of your charge. The prosecution will usually ask the witnesses questions and the defence (your legal team) may cross-examine them. After this, the prosecution will typically go back to the witness and ask any additional questions they feel are relevant to the case. After all the witnesses have been questioned, submissions will be made by the prosecution before closing the case.

If the prosecution has no witnesses or insufficient evidence against you, the defence can make submissions to the Magistrate as to why you cannot be lawfully convicted given the lack of evidence against you.

The defence case

If you are required to give evidence, this will normally be done before any defence witnesses. If you have defence witnesses, they will be questioned by your lawyer and then cross-examined by the prosecutor.

The verdict

The Magistrate will come to a verdict based on the evidence from both parties involved. You will either be found guilty or not guilty of the alleged offence.

What happens if I am found not guilty?

If you are found not guilty by the Magistrate, the charges against you will be dropped, and no conviction will be recorded against you. You may be able to claim your legal expenses.

What happens if I am found guilty?

If you have been found guilty of the offence alleged against you, you will be formally charged with the offence, and a penalty will be imposed on you. The penalty you receive will depend on the offence you have committed and whether you have previously been charged with similar offences in the past.

Seek legal advice

If you believe you are not guilty of a traffic-related offence, it's important that you seek legal advice as soon as possible. An experienced traffic lawyer can advise you on whether you have a strong case or not and what steps you should be taking given the specifics of your charge. At Drink Driver Lawyer, we specialise in this area of the law and we offer obligation-free consultations. Reach out or head to our website for more information.

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The complexity of Medical Malpractice Claims As a patient, you have the right to expect that your physicians treat you with expertise, competency, and out of your best interests. Unfortunately, that is not always the case. Medical errors happen, and more frequently than some would like to admit.

When you are the victim of malpractice, you might wonder what options you have available to you. One is that of a malpractice claim. Filing a medical malpractice claim is not as easy as it sounds. In fact, these types of cases are extremely complex. Therefore, it is best if you familiarize yourself with how they work, the issues that you will face, and what you can do to improve the chances of a successful case.

Dispelling the Myths of Medical Malpractice

Before going into detail about the complexities, first, there is one important myth that must be dispelled. Any unfavorable outcome of a medical procedure or treatment does not automatically constitute malpractice. For example, if you were unhappy with the way your plastic surgery turned out, you still might not have a reason to file for compensation. To have a claim, you must meet the requirements for a viable case. Medical malpractice is often defined differently from state to state, which only makes matters more difficult. If you intend to file a malpractice case in Illinois, it is best that you consult with a medical malpractice attorney in the area.

The Issue of Medical Errors

You go to hospitals and physicians because you trust them. You know that they have completed years of school and countless hours of training; therefore, they should be more than qualified to diagnose and treat. Sadly, hospitals and other health care providers do not always adhere to the high standards required of them. In fact, there are instances where they blatantly ignore those standards. When this happens, a patient could suffer an extreme injury – if not fatal results.

Unique Challenges in a Medical Malpractice Case

There are unique challenges that can occur in a malpractice case. Even when you have evidence that proves the above-mentioned issues, it still can be difficult to prove and win the case itself.

First, your attorney must hire experts – often more than one. These experts cost your case money, and you must find experts who can not only corroborate the evidence but who can testify that your physician’s actions deviated from what should have been done.

Furthermore, these cases might take longer than one expects. This is because it takes time to sort through medical records, locate witnesses, interview experts, and so forth. Negotiations will go back and forth during this timeframe, but they are not always successful. A malpractice case might take as little as one year or as long as five to six years.

Do not let time discourage you, however. There are ways to pay for your costs while waiting for your settlement. Your attorney will also ensure the other side is not unreasonably delaying your case so that you are desperate to take any settlement offered.

Another complexity is the multitude of parties that might be involved in your case. For example, a doctor can make an error that might also include their employer (i.e., the hospital). Your attorney can examine the facts of your case and decide how many parties might be liable.

The Affidavit of Merit

Before you can file your medical malpractice claim, the courts require that you obtain an Affidavit of Merit. This is a professional review by a doctor that certifies that negligence occurred. This might be difficult depending on the type of malpractice claim you have. The doctor who certifies your claim must be in the same specialty as the one you are making a claim against. If the physician you are making a claim against comes from a rare specialty, finding a physician to certify becomes difficult, but not impossible.

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Uncategorized https://www.prolawguide.com/blog/the-complexity-of-medical-malpractice-claims/ https://www.prolawguide.com/blog/the-complexity-of-medical-malpractice-claims/ Editor Tue, 16 Aug 2022 23:16:09 -0400
Emergency Treatment for Accidental Injuries

Did you know that, according to the CDC, unintentional injuries are the leading cause of death in United States citizens between the ages of 1 and 44? Additionally, it is believed that there are approximately 24.8 million unintentional injuries in the U.S. that require a doctor’s visit. If more people know how to seek emergency treatment for accidental injuries following a car accident or another incident, it could help save lives.

That's why Varcadipane & Pinnisi, PC has provided a few ways emergency treatment for accidental injuries can be administered. Should you have sustained accidental injuries, you might want to consider speaking with one of our New Jersey personal injury attorneys. We can help you fight for compensation while you focus on your recovery.

What Are The Common Accidental Injuries Often Seen In New Jersey?

There are a few accidental injuries commonly seen in New Jersey that often require emergency treatment. We have listed these injuries below so that you have an idea of when you may need to seek emergency treatment.

● Choking.
Anaphylactic shock
● Poisoning.
● Heart attacks.
● Drownings.
● Strokes. 
● Bleeding. 
● Burns.
● Electrical shocks. 
● Fractures.
● Falls.

Four Different Kinds Of Emergency Treatments For Common Accidental Injuries

Now that we know a few of the common accidental personal injuries, we can look at some of the different types of emergency treatments that can be provided. Knowing how to administer an emergency treatment that applies to a specific situation can help save someone’s life, if not your own.

When Someone Is Unconscious And Breathing

If a person is unconscious but breathing, you need to place them in the recovery position. After you have done this, you can call emergency services and observe the person until help arrives. However, make sure to check if they don’t have any other injuries that would warrant them being left as they are until help arrives.

When Someone Is Unconscious And Not Breathing

Should a person be unconscious and not breathing after an accident, you need to immediately call emergency services and administer CPR. Yet, you should only use “hands-only” CPR if you are not trained to properly perform rescue breaths. Performing rescue breaths when you don’t know how could cause more harm to the injured person.

When Someone Is Choking

When a person is choking, you need to act quickly. Start by holding them by their waist. Then quickly, with the right amount of consistent force, administer five blows to their back with the palm of your hand directly between their shoulder blades.

After doing this, you need to make your hands into fists and, with your thumb side just above the abdomen. Then you must successively administer five quick thrusts. You will need to continue this action until the object causing them to choke is dislodged.

When Someone Is Bleeding

If someone is bleeding after an accidental injury, your primary goal is to stop the bleeding and prevent them from losing too much blood while emergency services travel to the scene. Yet, you still need to be safe and wear gloves if possible to prevent your risk of infection.

Before you begin applying pressure to the wound to try and stem the flow of bleeding, you need to check if any foreign objects are embedded in it. If there is something in the wound, you must not press down on it but rather to the side of it while building up padding before you attempt to bandage it. Remember that you should never pull the object out, as that could cause catastrophic bleeding.

Should there be no foreign objects embedded in the wound, you can apply and maintain pressure until the bleeding stops. Then you can bandage the injury with a clean dressing.

Get In Touch With A New Jersey Attorney Today

Have you or someone you care for or love recently sustained accidental injuries? You might want to consider speaking with an NJ personal injury lawyer if you believe someone else's negligent actions caused your accidental injuries. At the law firm of Varcadipane & Pinnisi, we can help you prove who is responsible for your injuries.

Our mission is to help you obtain compensation to alleviate your financial, emotional, and physical stresses during the difficult time after an accidental accident. When you are ready to initiate a lawsuit, you can contact us to arrange a free consultation.

Author

Dawn M. Pinnisi is a Managing Partner of the Firm.  She was born and raised in Brooklyn and attended Brooklyn Law School.  Ms. Pinnisi predominantly handles injury claims in New York and New Jersey on behalf of victims of product liability, professional malpractice, and negligence.  She has twenty years of litigation experience advocating for injured clients and has recovered millions of dollars in jury verdicts, settlements, arbitrations, and mediations on behalf of injury victims.

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Why Should You Know About The Family Law- Blog There are things that you should know via law news right off the bat to help you to cut through the confusion and get on with finding an amicable, positive way forward.

Most people going through separation and divorce are doing it for the first time, so it's not surprising that you may not know even the most basic facts. However, you will be constantly shocked at the sheer amount of misinformation and confusion that you come across when you talk to people about amicable separation and divorce through a family law Attorney. Let's cut through that and get to the most important thing that anyone hoping to separate and divorce amicably should know about the family law act.

Children have rights, parents have responsibilities

Parents don't have rights when it comes to children. In the eyes of the law, children have rights and parents have responsibilities. This means that no parent has a right to equal time with a child, regardless of what they may pay in child support. Rather, parents can agree to spend equal time with a child, or a court can order it if they think it is in the best interests of the child and practicable.

Start with what's best for the children and work backwards from there. Then formalise your arrangements as a parenting plan or parenting orders to make sure you're both on the same page.

Super is included in the shared property pool to be divided (as well as almost everything else)

All assets and liabilities that you have should be included in the shared property pool, regardless of who's the name they may be in or whether you got them before or after the separation. This includes things like superannuation, interests in companies and trusts and even assets and liabilities shared with a third party. This doesn't mean that everything identified will be divided, but it all contributes to the value of the pool. Things that you owe like credit cards and loans also need to be included to get an overall picture.

Property shouldn't necessarily be divided 50/50

Many separating couples assume that they should just keep everything already in their name and then split anything jointly owned 50/50. While this may be appropriate in some cases, the family law blog lays out very clear principles for how property should be divided, based on contributions and needs.

Current and future needs are key considerations in working out how you should divide your assets and liabilities. The most common needs looked at by the court are to do with your age, your health, your ability to earn now and in the future, and your responsibilities for caring for children. Generally, if one of you is worse off than the other when comparing these factors, then an adjustment should be made to the division to help balance this out.

Contributions can be financial, but also include things such as caring for children, being a homemaker or renovating a property. In general, the longer your relationship, the fewer contributions matter.

Getting divorced and doing a financial settlement are 2 different things

Legally finalising your finances and getting a certificate of divorce are 2 separate processes. To legally finalise your finances, you'll need consent orders or a binding financial agreement; whereas to formally end the marriage, you need to do an application for divorce. Surprisingly for many people, you've only got 12 months after your divorce to do a financial settlement – so you're better off doing this before you apply for divorce.

Family law lays out and protects the rights and responsibilities of family members across a wide spectrum of situations. It is designed to be a framework that provides a basis for achieving fair and equitable results for all family members involved, whether they are adults or children.

Family law can be an emotionally charged area of law, dealing as it often does with failing relationships and the resulting conflict. For this reason, family law solicitors require not only legal knowledge but also a good understanding of people and how to support them with appropriate sensitivity.

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Uncategorized https://www.prolawguide.com/blog/why-should-you-know-about-the-family-law-blog/ https://www.prolawguide.com/blog/why-should-you-know-about-the-family-law-blog/ Editor Wed, 27 Jul 2022 07:13:24 -0400
What are the Benefits of Hiring a Personal Injury Lawyer? Personal injury cases, in general, can be contentious, but for the most part, you’re fighting for your own rights and interests. If you’ve ever wanted to act against someone who wronged and injured you, this might be the way. 

People often turn to a Pleasant Grove Personal Injury lawyer because they don’t have a good understanding of how personal injury claims work. These lawyers can help you to understand the process and explain all of the details. They can also help you to decide what’s best for your case and help you manage the stress of dealing with the matter. Personal injury lawyers offer an array of benefits as they fight on behalf of their clients.

Let us now see more into the benefits of hiring a personal injury lawyer.

  • Proper legal guidance

Personal injury lawyers have the proper legal training and knowledge to handle your case properly. This is important because you are dealing with a potentially complicated legal matter that must be handled very carefully. That is why it is essential to talk to a qualified personal injury lawyer if you have suffered an injury in an accident. They will explain the laws that apply to your situation and give you advice on how to proceed. These lawyers will also fight for your rights, and represent you in court if necessary.

  • Objective assessment of your claim

A personal injury lawyer has the knowledge and experience to evaluate your case and make a decision about your rights. They can help you to discover what has happened and determine who is responsible for causing harm. There may be more than one party involved in the accident, so it’s important that you have an attorney who knows how to manage all of them. 

  • Add credibility to your case

While you may feel that you have been wronged by the other party involved in the accident, they might feel that they did nothing wrong and there is no cause for a claim. A personal injury lawyer can help you to make a case against someone who may not have been at fault. They can also help to build credibility in your case if others, such as the insurance company, try questioning your story.

  • Represents you in court, if required

Personal injury lawyers can fight for your rights in court if there are violations at the scene of the accident. This helps to put a stop to further damage being done, such as failing to pay you what you deserve. They can also contest a claim that is found against you when it’s brought forward.

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Uncategorized https://www.prolawguide.com/blog/what-are-the-benefits-of-hiring-a-personal-injury-lawyer/ https://www.prolawguide.com/blog/what-are-the-benefits-of-hiring-a-personal-injury-lawyer/ Editor Fri, 22 Jul 2022 03:10:00 -0400
How can a lawyer help in dealing with the truck insurers? A truck accident can be fatal, and the expenses that come with it can be huge. Expenses that a truck accident can incur often are more than a car accident because of the heavy weight and length of a truck. A truck accident case will have many more legal issues, and hiring a truck lawyer can help you minimize costs and deal with the legal complications quite easily. A truck accident attorney like the Philadelphia truck accident attorney generally represents you in case you are dealing with a truck accident and manages the paperwork and legal agreements to provide you with maximum financial support.

These are how a truck lawyer can help you:

Examine and investigate the case

The truck accident lawyer will look into your case closely and look for evidence and reasons for the accident. The lawyer will help you find and sue other parties if they are liable for the crash, which can help you cover a significant part of your expenses.

Calculate the loss and damage

A truck accident lawyer can help you accurately calculate the loss and damage that have occurred because of the accident. He will help you act accordingly to be liable for minimum losses and expenses.

Important documentation and paperwork

A truck accident lawyer can prepare the right documents and paperwork for your insurance claims. In a truck accident, there are more than just insurance claims. You might have to pay compensation for the damage of goods in case you were carrying goods in the truck. You may need to pay compensation to other parties if you are liable for damage to other vehicles and may also face a lawsuit.

Negotiations with the insurance company

A truck accident lawyer will prepare the most efficient paperwork to avail compensation from the insurance company and make sure you get the maximum benefit.

Represent you in court

Another party may sue you, or you may also sue another party by filing a lawsuit. A law attorney will represent you in court with the best evidence and arguments to win the case.

Conclusion 

A truck accident may lead to huge legal complications, burdening you with huge expenses and damages. It is better to have an experienced law attorney who is an expert in dealing with such situations and will significantly reduce your expenses.

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What good qualities in a law firm should I look for while hiring? Whether you require legal advice or a lawyer to represent you in a court proceeding, you must find a law firm capable of handling your legal documents, paperwork, and contracts and can defend you in court securely. Before just hiring any lawyer from a law firm, you must need to learn about the law firm and judge its capability to handle your case. You must hire a law firm with certain characteristics if you don’t want to struggle in a court proceeding. If you need a trusted law firm, contact Gresham Legal Consultant.

Professionalism 

One of the main things you must figure out before hiring any law firm is the professionalism and experience of the lawyers in the law firm. A good law firm must have professional lawyers who are experts focused on the legal cases they defend. Good law firms have lawyers who have a clean and disciplined record.

Commitment and accountability 

The lawyer you will hire must have a sense of responsibility in him. He must be committed to the case he is fighting, work closely and passionately, and not step back from holding himself accountable for any action he takes.

Transparency and trust with clients

The lawyer must be completely transparent with you, and he must be trustworthy. Look for records of untrustworthiness for any lawyer or law firm before paying for one.

Reputation

Before hiring a lawyer from a law firm, look for reviews and references from people or websites. A good law firm must enjoy a good reputation and reviews of excellency in their field. If the law firm excels in its field, it must have a positive reputation around them.

Diverse specialization

An experienced law firm must have lawyers and attorneys specializing in particular fields of law, divorce lawyers specializing in divorce-related matters, criminal lawyers specializing in criminal matters, and every kind of specialized attorneys and lawyers.

Conclusion 

Law can be complicated at times. You may look to get in trouble and struggle to get back from it if you don’t have the guidance and support of a good law firm. Most law firms work mainly for money, but some firms have already gained excellence in the field of law and will help you get through your cases easily, saving you a good amount of money and time,

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Most Common Types of Premises Liability Cases Premises liability cases can result from a wide variety of issues. However, the most common types are slip and falls, dog bites, and trespassing. These types of cases are common because they involve two things that are inherently dangerous, people and land. This means lawsuits can be complex and difficult to predict, but there are ways of reducing your risk. If you are ever involved in a premises liability case, then you should seek legal guidance from an Opa-Locka legal firm.

In this blog post, we'll discuss the most common premises liability cases in order to help you get a better understanding of what might happen when you go out for a walk or go shopping with your dog. These examples will allow you to prepare yourself so that you're not surprised when something happens at an unexpected time and place. 

  • Inadequate or negligent security

Security is an important part of any premises liability case because it can help prove that someone's negligence caused injury or death. If the premises have poor security and the owner refuses to make improvements, then they may be liable. A common case in this category is when a person falls down a flight of stairs after wandering around in a dark and dangerous area. If the owner has failed to properly light the stairs, then he or she may be responsible for that person's injuries. 

  • Slips, trips, and falls

Slips, trips, and falls account for a large portion of premises liability cases because they are a common part of everyday life. However, if the property owner was responsible for creating the dangerous conditions that led up to your fall, then he or she could be held liable for your injuries.

  • Accidents at hotels and resorts

Owners of hotels and resorts are often held responsible for accidents that occur on their properties because they have a duty to keep their guests safe. For example, if you are injured by a faulty elevator or balcony railing, your injury could be the result of someone else's negligence.

  • Dog bites

Dog bites can be severe in nature. If you have been bitten by someone else's dog or if your dog has bitten another person, then it's important to know that you may pursue compensation using premises liability laws. It is because the owner of the dog is responsible for keeping it contained.

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Car Accident Lawyers - Your Friend In Bad Times Car accidents can take place at any time. The victim of such an unfortunate event does not always remain the sole responsible factor behind such an occurrence. However, both parties, the one at fault and another one, face the fatalities and casualties similarly.

Therefore, if you have been involved in an accident in which you have been injured and your car damaged, an expert car accident attorney can help you in many ways.

Helps In Presenting The Case In Court

Legal battles are not to fight. Truth is never the only factor to decide the fate of any case. Especially for car accidents, the evidence gets tampered with easily. Moreover, if the other party has hired a professional attorney, they will never design the case in your favor.

On the contrary, they will try to frame you as the offender. So, you need an equally expert attorney to save you from their tricks and to establish your innocence during the trials. Several layers of tasks remain involved in presenting a case in the court of justice.

Only an experienced attorney would know what to do. Therefore, car accident lawyers present your case aptly in court.

Helps Get Proper Medical Attention

Car accident lawyers share a professional connection with several dependable medical practitioners. Since accidents often remain associated with injuries, lawyers stay in touch with good physicians all the time.

If you have a serious injury that needs careful tending, your attorney can help you get it without any delay. Timely medical attention often saves the victim from long-term discomforts. Attorneys take care of your case in court, and you outside of it.   

Aids In The Process Of Compensation Claim

Compensation claims vary from one accident to another. Many people think that car accident claims are all alike. In reality, the extent of damage, fatal injuries, and many other factors determine the claim component.

Attorneys know the best ways to present your case supported with all the required documents to turn the case in your favor. 

They also help get legitimate compensation without any delay. In many cases, the victims depend on this sum for furthering their treatment process.

Deals With The Insurance Company Hassles

Car accidents lead to insurance company investigations to verify the claim amount. If you have been injured badly, supervising or taking care of these inspections would be a hassle for you.

However, your attorney precisely knows the ways the insurer tries to minimize the claim amounts. Hence, the experts remain ready with all the necessary evidence and documents to handle such manipulative efforts.

Acts Like A Moral Support And A Guide 

Any legal battle can make you feel mentally taxed. Lawyers seamlessly extend their support to the clients to keep them positive and hopeful. With an expert tackling your case in court, you get time to overcome the trauma inflicted by the unfortunate incident.

Lawyers also offer valuable suggestions drawn on their years of experience to keep your conduct and statements error-free during the trial session.

Car accident lawyers always ensure a hassle-free case dealing with positive outcomes. Hire a professional attorney from a dependable law firm to win a case.

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Uncategorized https://www.prolawguide.com/blog/car-accident-lawyers-your-friend-in-bad-times/ https://www.prolawguide.com/blog/car-accident-lawyers-your-friend-in-bad-times/ Editor Thu, 14 Jul 2022 10:52:20 -0400
How to Avoid DWI Charges in New Jersey DWI charges in New Jersey can be refuted by a good defense attorney for DWI. With the help of an attorney, there are many different defenses that can be used to avoid being charged with DWI.

The New Jersey law states that any driver over the age of 21 who has a blood alcohol content of 0.08% or higher is subject to being charged with driving while intoxicated. While the law is straightforward, there are also many legal implications that must be followed by the arresting police officers which could provide ways to fight against DWI charges.

In this article, we will discuss what to do if you are charged with DWI in New Jersey as well as what defenses might be used to refute DWI charges.

What Do I Do If I’m Charged With DWI in New Jersey?

The first thing to remember is that you have rights. Be respectful towards the lawful authorities, but do not comply with anything that violates your rights as a citizen. The second, and perhaps most important, step is to contact a good lawyer.

A defense attorney will help you establish a case to fight your DWI charges. You can choose to represent yourself, however, the intricacies of the law concerning DWI can be tricky to navigate. If you don’t have a professional DWI defense attorney by your side, you may not be able to refute the charges against you.

A defense attorney will be able to comb through the charges pressed against you and the details of the event in question to find ways that might allow you to get those charges dropped altogether.

What Are Defenses to Use Against DWI Charges in New Jersey?

By hiring a defense attorney, you don’t need to research and know the details of the DWI law. Your attorney is trained to navigate those waters and find any potential snag in the way you were convicted, and the charges brought against you.

They will investigate the proceedings from the time you were pulled over to the moment you were released from police custody. In order to be pulled over in the first place, there has to be reasonable suspicion that something is wrong. This interpretation can be very subjective, especially if the actions of the driver don’t blatantly betray intoxication.

Another reasonable defense against a DWI is the inability to provide intent to operate the vehicle. If you are behind the wheel of a car but the car is not moving, there may be a case to prove that no evidence suggests you intended to operate the vehicle.

Sobriety testing must be administered according to law and there are certain methods of testing for alcohol in the field which invalidate a citizen’s rights. If your attorney can find evidence that the sobriety testing was performed incorrectly, you may have a case to fight against your DWI charge.

There are other ways in which your attorney can form a defense against your DWI charges and it is worth the money spent to have an attorney fight your case for you.

Conclusion

In New Jersey, getting charged with a DWI can cause at the very least a license suspension of three months plus fines you must pay. Hiring a defense attorney who specializes in DWI can help get the charges and penalties dropped.

There are multiple defenses that can be used to fight your case, but it is in your best interest to hire a lawyer instead of fighting yourself. The laws of DWI can be tricky to navigate, but with good help, you can win your DWI case.

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How a Personal Injury Lawyer Can Help with Medical Malpractice

Medical malpractice cases are complex and require the knowledge of a specialist. In order to have a successful case, an injured victim requires someone who has extensive knowledge of the law and is also able to build a strong case for personal injury. A personal injury lawyer can help with medical malpractice cases. They know what to do and what not to do when it comes to working with insurance companies, going to court, and keeping you comfortable during an already difficult time.

Getting compensation for medical malpractice can be very hard without the help of a legal representation. Insurance companies will often try to get out of paying out, creating more problems and difficulties that they should be causing you. Without someone to represent your interests, it can often be difficult to fight these companies, but with a personal injury lawyer, you won't have this problem. Your lawyer can negotiate directly with the insurance companies on your behalf and advise you about how best to handle any situation that arises during the claim process.

What is Medical Malpractice?

Medical malpractice occurs when there is a deviation from the accepted standards of practice in the medical profession (which is published in professional journals and textbooks), and that deviation causes you harm. There are three elements to proving medical malpractice:

Standard of Care

The health care provider did not follow the accepted standards of care for his or her practice area, as determined by reliable medical resources (journals, textbooks, etc.).

A physician must have knowledge and skill in order to be held liable for malpractice. It would be impossible for a physician to meet the standard of care if he or she did not have knowledge and skill. The standard of care requires that a physician possess an appropriate education and training for his or her specialty. A general practitioner cannot be held to the same standard as a cardiologist. In addition, it is expected that a physician keeps up with advances in medicine by reading medical journals and attending conferences.

It is also expected that a physician obtains continuing education following medical school. This can include participating in seminars, lectures, or other learning opportunities. Failure to obtain continuing education may be evidence that a physician's skills are outdated, which will impact his or her ability to meet the standard of care.

Actual Injury

You were actually injured as a result of this deviation from the standard of care; not merely inconvenienced or emotionally upset. For example, if you were misdiagnosed and treated for the wrong condition, but suffered no physical injuries, you would not have a valid claim.

The doctor's negligence must be the proximate cause of your injuries, meaning he/she must be responsible for the actual damage that was done. If, for example, you slip on an icy sidewalk and break your arm in two places while exiting the hospital after surgery, it is likely that you would have broken your arm regardless of whether or not there was ice on the sidewalk. In this situation, it wouldn't be appropriate to hold the doctor responsible for your injuries since they weren't directly caused by his negligence.

True Cause

The deviation from the standard of care was the actual cause of your injury. You must show that the deviation from accepted medical practice was what directly caused your injury or illness.

To prove this element, you must show that if the doctor had followed the accepted standard of care for a physician in your area, your injury would not have occurred. This is a higher burden than showing that the doctor's treatment fell below the accepted standard of care. If a doctor could have reasonably made the same mistake and caused your injury, then it is not an "actual" cause. For example, if a doctor failed to diagnose your condition based on the symptoms you described, but his failure was actually due to his misdiagnosing you as having a different condition, then it may not be considered the "actual" cause of your injury.

Why Hire a Personal Injury Lawyer?

Realistically, if you have suffered a personal injury because of a doctor's negligence or error, the chances are good that it is not going to be easy to handle all of the details correctly. This is because there are so many little details that are hard to get right and they can easily trip up an inexperienced person.

Trying to sort out your medical bills and your various other issues relating to the cause of your injuries will require you to know what you need to do when you need to do it, and how you need to go about doing it. They will  win your cases such as the Chumba Casino class action lawsuit. Here is one example:

If an error made by a doctor has caused the injuries for which you are now seeking payment, that doctor may not have liability insurance. Liability insurance is something that most doctors have these days in case they make an error that causes injury to a patient. If the doctor does not have liability insurance, then it is up to his or her malpractice insurance carrier to cover those costs instead. This means that if you want those costs covered, you will be required to provide notice of that fact within a certain period of time after the incident occurred. The failure to provide timely notice can cost you valuable rights as a medical malpractice victim and can even hamper your ability to receive full compensation.

Hiring the Right Personal Injury Lawyer

If you have been injured due to a doctor’s failure to provide the right medical treatment, you need legal representation. Medical malpractice is a serious issue, and you can’t afford to be underrepresented in lawsuits that you may wish to file. The best personal injury lawyers will tell you how they can help, but those words mean nothing if they haven’t helped someone like you before. Do your research online, and ask your network of friends and colleagues if they know of any reputable personal injury lawyers. While no two cases are the same, there are some factors that all personal injury cases share in common. Research these factors so that you know what is at stake when your lawyer goes into court on your behalf. You should also understand what legal options are available to you in terms of compensation for financial losses incurred as a result of your injury.

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Uncategorized https://www.prolawguide.com/blog/how-a-personal-injury-lawyer-can-help-with-medical-malpractice/ https://www.prolawguide.com/blog/how-a-personal-injury-lawyer-can-help-with-medical-malpractice/ Editor Thu, 30 Jun 2022 09:36:48 -0400
The Criminal Trial Procedure: A Brief Guide The very thought of a “court trial” can be daunting for many. It is necessary to gain legal advice  before and during court sessions. Moreover, it is important to understand how these trials work because by its very nature, court trials can cause stress for all involved parties.

Notably, beyond reasonable doubt is the standard of proof used in a criminal hearing or criminal trial. This means that the evidence must prove that the defendant is guilty, and the defendant will be considered innocent until he/she is proven guilty.

A court trial can be held for a variety of different cases. A criminal trial takes place in case of criminal offences. There are many people involved in a criminal trial such as defendant, prosecutor, solicitors, court staff etc.

Criminal trials can take place in District Courts or Supreme Courts.

Whether you are directly involved in a criminal trial or are a family member of someone who needs to attend a criminal court trial for some case, this article provides a brief outline on the procedures of a criminal trial.

Overall, there are 8 steps to be aware of when discussing criminal trial procedures. Before we explore the steps, let’s discuss key terms associated with criminal trial.

Before we begin with exploring criminal trial procedures, let’s familiarise ourselves with some key terms that are used in such trials.

  • Accused: The person who has supposedly committed an offence.
  • Complainant: The person against whom the crime has been supposedly committed.
  • Defendant: The accused can be referred to as defendant.
  • Prosecution: Legal party tasked with presenting evidence against the defendant during the criminal trial.

For an exhaustive list of terms used in Australia, visit the Federal Court’s website.

Source: iStock images

Which court hears criminal matters?

In Australia, depending on the level of seriousness of the offence, there are three levels of courts that can hear criminal matters.

The Magistrate Court or Local Court is responsible for hearing criminal matters that are less serious in nature (summary or simple offences).

If the defendant pleads not guilty in the Local Court, the matter will go to a court hearing in the Local Court, or it will go to a trial in a higher court like the District Court. Following this, a date will be set for the court hearing.

If the defendant pleads guilty, either the Local Court or Magistrate will themselves sentence the guilty defendant, or they will commit the defendant for a sentence in a higher court.

Notably, the criminal trial procedure is relevant for defendants who plead not guilty. A court hearing takes place only in such cases. Given below is the outline of procedures that take place in a criminal trial.

#1 Investigation of the case

The first step before the criminal trial commences in the Court is to investigate the case. The investigator has to obtain statements from witnesses and collect evidence for the case.

The victim of the case can provide evidence. Others can also provide witness statements that the investigator will later compile to gather evidence for the case.

Moreover, the investigator will need to gather other forms of evidence including photographs, video recordings, and audio recordings.

#2 Prosecution’s assessment of evidence

Once the prosecution has assessed the investigator’s evidence, it needs to decide whether or not to prosecute the accused. If they decide to charge the defendant, the prosecution will issue a summons, requesting the accused to attend the court on a given date.

While issuing the summons, the prosecution will also inform the accused or the defendant of the charges against them.

Depending upon the seriousness of the offence, the matter will then be heard by either the Magistrate Court, District Court or Supreme Court.

#3 Hearing

Before a hearing takes place, some cases may also need committal proceeding or committal hearing. During the committal hearing, the Magistrate checks the evidence to decide if the defendant needs to be tried at the District or Supreme Court. In case there is insufficient evidence, the Magistrate will discharge the defendant.

The hearing occurs in the Magistrate Court, where the Magistrate makes all judgements. The witnesses are required to provide evidence and statements during the hearing.

This is also where the prosecution has to prove its case to the standard of proof, i.e., beyond reasonable doubt. If the Magistrate finds the defendant guilty, it may impose a sentence or set another date to do so. If the verdict is not guilty, the matter gets dismissed.

Source: iStock images

#4 Trial

The difference between a hearing and trial is that the hearing occurs at the Magistrate Court, whereas a trial takes place in either the District Court or Supreme Court.

Much like hearing, during court trial in District or Supreme Court, the prosecution will call witnesses to support the case against the defendant. The judge can listen to both sides of the argument, wherein the defendant can call witnesses and provide evidence if necessary.

The judge will then summarise the arguments to the jury, who will make the final decision. The jury needs to find the defendant guilty beyond reasonable doubt in order to convict the defendant.

#5 Sentencing

The court will then impose an appropriate sentence based on the severity of the offence. The sentence can include home detention, term of imprisonment, conditional release, or fines, or community service orders.

Conclusion: Can the defendant appeal?

The defendant has the right to appeal the sentence, or the verdict. The defendant will need to lodge a Notice of Appeal. For these purposes, the defendant is recommended to obtain legal representation.

Appealing a verdict, or a court sentence is a complex process. It is important for the defendant to prepare a strong argument.

This article has briefly explored the steps involved in a criminal trial procedure. For more information, it is recommended that you read legal blogs online to get a better understanding of how the law works in your jurisdiction.

Author info:

John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. The firm deals with all matters related to criminal law, property law, family law, commercial law, and criminal law among others.

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Uncategorized https://www.prolawguide.com/blog/the-criminal-trial-procedure-a-brief-guide/ https://www.prolawguide.com/blog/the-criminal-trial-procedure-a-brief-guide/ Editor Thu, 23 Jun 2022 23:35:50 -0400
Marketing Ethics for Law Firms - A Quick Guide

The legal profession is one that is heavily concerned with ethics and moral matters. In fact, such things are part and parcel of a lawyer’s typical day, be they a criminal lawyer, commercial lawyer, family lawyer or any other type. Legal professionals therefore have to exhibit high ethical standards in everything they do, and that includes their marketing practices.

The idea of commercial lawyer marketing might feel “grubby” to one of these well-established Sydney or Melbourne firms with dark-wood panelled offices with high book shelves and founders who died in the 19th century, but it’s a reality in the modern legal sector. Below are some key things to remember when it comes to ethical legal marketing.

Always Respect Client Wishes

Law firms are free to use the many marketing channels open to both them and other businesses, but there are additional expectations of compliance and respect that people seem to demand from law firms than regular businesses. They may expect, for instance, to still be pestered by certain spam even after they’ve unsubscribed from a mailing list. So much spam we get comes to us so circuitously that it’s hard to really get to the bottom of where it originates.

When it comes to emails from a law firm, however, there’s more an expectation that unsubscribing or opting out of marketing emails means that the law firm will respect your wishes. People choose law firms primarily based on the firm’s reputation, and more importantly the perception of public trust toward that company. If you won’t even respect an email opt-out, what else won’t you respect?

Steer Well Clear of Misleading Claims

The world of marketing is full of false claims, most of which we tend to put down to pure hyperbole. When a local restaurant claims to have the best pizza in Melbourne, or the best beer in Sydney, we brush it aside and read between the lines. However, the same leeway is not afforded to law firms. There is a stronger degree of precision and accuracy demanded when it comes to claims made by law firms, which shouldn’t be surprising given that so many causes and resolutions of legal disputes are traced to choice of language.

So, when marketing a law firm, it’s important therefore to steer clear of unverifiable or unsubstantiated claims such as having the “most talented” lawyers in the area, or being “the most successful practice” in the area. Any claim that you make has to be backed up, so if you were claiming to be the most successful, you’d need numbers on victories vs. defeats, for example, compared to local firms or at least to a state-wide average.

Avoid the Creation of Unrealistic Expectations

If you have a target audience that you’re speaking with, and they end up thinking that as long as they work with you on an injury claims case, for example, they’ll definitely win a settlement in the millions of dollars, then you are not marketing ethically. Causing clients to have unrealistic expectations on the outcome of their cases, whatever they’re about, is a deeply unethical practice, even if you temper it with words like “maybe” and “possibly.”

Law firms have a duty to maintain total clarity and transparency on not just outlandishly possible outcomes of cases, but the most likely outcomes. Not making huge claims (see above), and only running verifiable and/or reasonable testimonials are good ways to avoid this issue.

Work with a Professional Law Marketing Provider

Sometimes, it takes an expert and impartial eye to help law firms stay on the right side of marketing ethics. Instead of stressing over how to keep your own marketing ethical, bring in outside help to assist in building and auditing your marketing strategies and content.

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Uncategorized https://www.prolawguide.com/blog/marketing-ethics-for-law-firms-a-quick-guide/ https://www.prolawguide.com/blog/marketing-ethics-for-law-firms-a-quick-guide/ Editor Wed, 15 Jun 2022 05:53:25 -0400