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Understanding DWI Laws

duiw lawIf you’ve been charged with a DWI, you need to understand the letter of the law. For this reason, you’ll want to hire an experienced DWI attorney.

A DWI attorney can advise you of the specific laws for your state regarding DWI. They can help you to present your case in court and depending on the circumstances they can help you to avoid serious charges or the loss of your driver’s license.

From the moment your Miranda rights are read, you’ll want to stop talking and wait for your attorney. You should only speak with your attorney once this has happened.

This can help to prevent further charges against you in a court of law. Many people don’t understand this but it’s a very vital point in DWI cases.

Never admit to anything and just wait, you’ll have your time in court where your attorney can present your case in a more positive light. There are a variety of methods that attorneys can use to help you in such circumstances.

Even if you’ve been drinking, you may not have been drunk or over the limit. Never say anything and just wait. If you can’t afford an attorney most states will appoint an attorney for you.

This court appointed attorney will represent you in court just as a paid attorney would. It’s their job and you can rest assured that they still have your best interest at heart.

Everyone understand that it’s not wise to drink and drive. It’s dangerous and people die every year by making this mistake.

Driving drunk is illegal and there are serious consequences in every state of the union. Every state tests for drunk driving differently. Make sure that you understand the letter of the law and focus on driving sober. If you are in any altercation, call your attorney before you say anything.

If I Got a Ticket After a Car Accident, Does That Mean I Was At-Fault?

woman getting a ticketCar accidents are traumatic experiences altogether, but receiving a ticket as a result of the accident can make you feel even worse. However, getting a ticket doesn’t always mean that you are at-fault for the accident. Nor does it mean that you have lost the ability to sue for your injuries. If you don’t handle the situation properly, however, you can ruin any chances that you have of succeeding in a lawsuit.

Why Getting a Ticket Doesn’t Mean That You Were At-Fault

Just because you received a ticket doesn’t mean that you caused the accident. Sometimes the police simply get it wrong. This is usually because they didn’t have all the facts at the time when they issued the ticket. If you believe that you were not at-fault, it is important that you let the officer know and that you present to him whatever evidence you can to persuade him not to issue you a ticket.

 

Furthermore, you may have been ticketed for something totally unrelated to the cause of the accident, such as lack of insurance or an expired driver’s license. But, you can only be held liable for acts of negligence that are ‘proximate’ causes for someone’s injuries. In this case, it would be hard for anyone to argue that your lack of insurance actually caused anyone to be injured.

 

Also, unless the ticketing officer actually observed the crash with his own eyes – which would be very rare – police reports are generally inadmissible as evidence because they are based on hearsay. This means that your having received a ticket is insufficient proof of fault and that you cannot be held liable solely on the basis of having received a ticket after the accident.

Finally, Missouri adheres to the theory of comparative negligence. Even if you were partly at-fault, you can still sue the other party for your own damages. Missouri follows the “pure” comparative fault rule, whereby your recovery will be reduced by your own percentage of fault.

 

For example, if you suffer $10,000 in damages as a result of an accident and are found to be 40 percent at-fault for the collision, you may only recover from the other party $6,000 ($10,000 minus 40 percent), or 60 percent of your damages. Likewise, the other party would be entitled to recover his damages from you, but reduced by his own percentage of fault.

 

If you go to traffic court and plead guilty to the ticket or pay the fine, you are, in effect, admitting to being liable for the accident, which will almost certainly be used against you in court to suggest that you were primarily or completely at-fault.

 

While this will not bar you from bringing a lawsuit for damages against the other driver, it will significantly decrease your chances of obtaining the compensation you deserve, if any.

 

Before going to traffic court on any ticket that you have received as a result of an accident, you should consult with an experienced car accident attorney to make sure that your right to pursue compensation is preserved. An experienced attorney can determine if you still have a right to be compensated for your damages, despite having received a ticket.

Consult With a Professional

Don’t let the fact that you received a ticket after the accident ruin your chances of being compensated fairly for your medical bill, property damage, lost wages, and pain and suffering.

 

If you or a loved one has been in an accident, contact an experienced personal injury attorney. We offer no-cost and no-obligation consultations. We will discuss your case and determine how best to help you. Typically, you will only be charged if compensation is recovered for you.

Melbourne Personal Injury Lawyer

Melbourne injury lawyer

When you leave your home and drive away in an automobile as a driver or passenger, you have the expectation that you will arrive at your destination safely. You will go about your day without any major problems and return to your residence.

Most likely, that is what a young man in Melbourne thought when he was driving to work. He recalls leaving his home. His next memory is of waking up in a hospital, confused and in pain. The recklessness of another driver had changed his life forever. The physical and emotional damage is now with him every day.

Thanks to his excellent Personal Injury/Car Accident lawyer, this young man has financial compensation that will allow him to have the ongoing care he needs to regain his health and try to get on with his life.

What if it were you or someone you love? What would you do if the unthinkable disrupted your plans and your life?

If you are in a car accident, your first steps are clear and straightforward:

  • Do not leave the scene.
  • Exchange information with the other party.
  • If there is property damage or the other party does not give their information – or worse, leaves the scene – you must call the police.

What might not be quite so clear or straightforward is how you may have been affected physically. Some injuries will be evident immediately. Others may show up only after time. That is why it is essential that you have a medical examination as soon as possible.

If there are injuries, your next step should be to contact a skilled Personal Injury/Car Accident lawyer.

It is true the Transport Accident Scheme (through the TAC) allows for a variety of no-fault benefits for people who are injured as a result of a transportation accident. However, because some of these benefits are limited, your next avenue for compensation is a common law claim.

To assist you through the process of receiving benefits through a common law claim, you should obtain the services of a skilled Melbourne personal injury lawyer. A common law claim is applicable when fault is assigned to another party. Also, your injuries must reach the level of “serious” per the guidelines in the Transport Accident Act.

If you are eligible for benefits through the common law claim, your Personal Injury/Car Accident attorney will also be able to file for a settlement for pain and suffering, as well as economic damages. Your experienced attorney will understand all the details and requirements found in the law.

While the hope is that you will never have to file such claims, if the situation should present itself, you must be ready to get the legal help that could make a difference in your physical and financial quality of life.

Birth Injury Lawyers – There’s No Room For Error

child injured at birthBirth Injury Lawyers are a dime a dozen. If you are reading this article, then chances are you, or someone you know is in need of the best Birth injury lawyer or law firm there is.

Types of Birth Injuries

One of the many types birth injuries that can result from a mistake during delivery is known as shoulder dystocia or Erb’s palsy. Shoulder dystocia or Erb’s palsy may occur when an inexperienced or improperly trained physician damages a newborn’s brachial plexus, a delicate part of the shoulder. The improper use of forceps or other negligent actions during delivery may cause this injury. Brachial plexus injury results in pain, a limited ability to move a hand and/or arm, or an inability to lift an arm above shoulder level.

Causes of Birth Injuries

birth injuriesAnother cause of debilitating birth injury results from lack of oxygen to the brain during delivery. The lack of oxygen at this critical time can result from either an anoxic injury or a mechanical injury. An anoxic injury is caused by a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements during delivery.

Similar brain damage also can result from a mechanical injury or physical trauma during birth. A skull fracture is just one devastating consequence of this kind of trauma. The improper use of forceps, suction, or force to the baby’s head can all result in this, or other types of mechanical injury.

The key to finding a reputable birth injury attorney is to do your research. This sounds easy enough but can quickly become daunting. If you are searching for an attorney on the Internet, it is important that you hone in the keywords that you use so that your search results are refined and more closely match your search.

You certainly don’t want a general practice lawyer representing such a critical matter and therefore need to ensure that you don’t waste time looking at all the personal injury lawyers in the net. You are looking for someone who specializes in birth injuries.

So, when conducting your search make sure that you use keywords that are relevant. And for best results you should insert your city or state first… followed by the keyword “birth injury lawyer” or attorney etc. This will ensure that you maximize your time and efforts when trying to find the best of the best.

It is recommended that you find at least three attorneys that you can call upon. Some of the things you want to ask are:

how many cases relevant to yours have they represented
how many cases have they one
what are their area’s of expertise
how long have they been specializing in this field of law

Being diligent and efficient in your search for a birth injury lawyer is critical to ensure you find the very best.

5 Reasons You May Need A Miami Foreclosure Attorney

Miami foreclosure legal documents

If you live in Miami and are facing foreclosure of your home, you either have to decide whether you will fight for your home, or simply let the bank take back your home.  Each case is different, depending on your goals, financial situation and desires.

If you decide to fight for your right to stay in your home, you will likely need a Miami foreclosure attorney to assist you through the process. But, how do you know if you actually need a foreclosure attorney to litigate on your behalf? Here are some tips:

You Have a Valid Defense and Have Decided to Stay in Your Home

If you feel like you have a valid case against the foreclosure and have no legal expertise whatsoever, you will likely need a foreclosure attorney to explain the legal process and assist you with the case.

Foreclosures can be very complex and often difficult to navigate, especially when you have limited legal knowledge. Having someone to explain the legal process improves your chances of understanding the legal process and winning the case.  For instance, experienced Miami foreclosure attorneys are able to:

  1. Evaluate whether proper procedure for the foreclosure was followed by the loan servicer. In a foreclosure, there are very specific state guidelines that must be followed. Sometimes a mistake made by the lender can result in the entire case being dismissed. A competent Miami Dade foreclosure lawyer can easily determine if your rights were violated.
  1. Sometimes loans are bundled and securitized. The party attempting the foreclosure may not actually own the loan. An experienced attorney can help determine whether the specific loan provider actually owns the loan.
  1. It may be possible that your loan servicer made serious errors on your account. Many times, funds can be misapplied to your account, unreasonable fees may be charged, or payments you made may not have been properly credited to your account. A foreclosure attorney can help guide you through this process.
  1. If you are an active member of the military, you have some special rules set up against foreclosure. For instance, your loan provider may allow you to stop paying the principal amount during active duty. In addition, you may have rights under the members’ Civil Relief Act. For instance, you typically cannot be foreclosed on while in active duty or within one year afterwards. Instead, the burden is on the loan provider to prove you are not on active duty and to obtain a court order approving the foreclosure before any action is taken.
  1. You may need help with the loan modification process. Attorneys can help with the loan modification process. Your bank may be stalling and attempting to process the foreclosure and loan modification at the same time. This is in violation of Federal law. This situation is called “dual tracking.” It is very hard to get your house back after a foreclosure has already occurred. This is a situation that needs to be handled before a sale.

These are all valid reasons why you may need to consult an attorney. If you fall into one of these categories, don’t try to fight on your own. Instead, contact a Miami foreclosure attorney today.

Personal Injury Lawyer Selection Tips

Selecting the right personal injury lawyer can be a daunting task. But with the right tips, this process can be a lot easier and will ensure that you receive maximum compensation that you are entitled to. So, how do you select the right personal injury lawyer? This brief article will bring you up to speed with top personal injury lawyer selection tips.

Effective Personal Injury Lawyer Selection Tips

Tip #1. Determine the type of injury

Road or car accidents are obvious types of injury. The collision will either cause physical or mental injury. However, if the injury occurs in a hospital, it isn’t so obvious and can’t be observed through physical inspection. However, it may impair the normal functioning of your body in future. Another type of injury might be caused by using defective products. Therefore, before engaging in the process of selecting the right personal injury lawyer, first, determine the type of injury you are suffering from.

Tip #2. Ask for referrals

Contact family, friends and colleagues to find out whether there might have any recommendations for you. If they have hired personal injury lawyers in the past, their experience can be of great help when selecting the best personal injury lawyer within your locality. Get to know why they preferred the lawyers, the process involved and the result.

Tip #3. Research

Start your research on the internet. The first website you can visit is can be the APIL (Association of Personal-Injury Lawyers). The site will offer you a great idea of where to start and whom to contact. Select lawyers who are closest to your location.

Tip #4. Make a list

Always prioritize lawyers who are close to your home. It is of particular importance as you shall be spending most of your time in the lawyer’s office. The additional travel cost will stretch your budget and you want to reduce all sorts of stress. Another benefit of selecting lawyers who are close to you is they are familiar with the local judicial system and people who will be involved in the case. This will increase the likely hood of you winning the case.

Tip #5. Schedule for interviews

Having come up with a list of prospective candidates, take some time to interview them for the task at hand. During the interview, make sure to ask relevant questions that will help you know your lawyer well. Some of the questions you can ask during the interview include;

1. What is his or her area of specialization?

Most lawyers specialize in different fields, but the best lawyers tend to specialize in one field. Having identified the type of injury case you want to pursue, select the lawyer who has specialized in the injury you are suffering from.

2. How long has he or she been practicing?

Experience is everything when it comes to law. Selecting a lawyer who knows what to look for and where to look for it can make a huge difference in your case. Lawyers with vast experience are the best choice to select.

Other questions you should consider asking during the interview include the following;

*How long the case might take

*What will be the cost?

*What is your assessment of the case?

Well, those are some of the useful personal injury lawyer selection tips up my sleeve. I hope the information has been of great use.

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