Lawyers Fees for Personal Injury Cases

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How Do Personal Injury Lawyers Charge?

Many different lawyers exist. There are lawyers who focus exclusively on family law, ensuring the safety of children and an amicable settlement between parents or former partners. There are lawyers who work exclusively with corporations to ensure they do not overstep their growth limits or participate in illegal activities while also handling litigation suits brought against their employer.

The way these two lawyers charge will be vastly different, as you might expect. The funds available to a large corporation are obviously more significant than a single-family unit, but the relative work involved could also be more substantial. Therefore, we should all be able to agree that how lawyers charge at least depends on what type of law they practice.

Still, as you may have guessed by the title of this article, we are not discussing family or corporate lawyers. We are looking just at personal injury lawyers like the fine folk over at Edwards Injury Law. So let’s dive into how personal injury lawyers charge their clients!

The Retainer Fee

The retainer fee is the first charge you will receive. This charge varies depending on the individual personal injury lawyer and the size of the case. But, even then, it will be just a small fraction of the potential settlement amount.

Essentially, the retainer fee is there to cover any basic expenses for your lawyer, as well as the time they may have to invest in having your claim succeed. Additionally, this fee can be waived or reduced depending on an individual’s financial situation.

The Contingency Fee

Many personal injury lawyers will only charge a contingency fee. This fee will typically be a percentage of the total claim, usually around 33% or so. Additionally, paying the fee is only a requirement if the personal injury lawyer successfully gets compensation.

There are many benefits to this payment system. For example, those with serious injuries can focus on getting better rather than getting back to work to pay for legal fees. It is also helpful for those without the ability to pay right off the bat and serves many other purposes also.

The “Catch-all” Fee

Finally, most personal injury lawyers will have an administrative fee on their bill. This fee covers the costs of printing documents, notary fees, tracking down evidence or information, and any other small costs incurred in defending your case. Usually, this fee is not very substantial, but it will be a separate cost from the contingency and retainer fees.

It is of note that personal injury lawyers are not exclusive in charging this “catch-all” fee. Most lawyers will have some variation on the charge to cover similar costs within their practice.

How to Find the Right Personal Injury Lawyer

Now that you know about the most common fees that a personal injury lawyer charges, you may be raring to go out and find legal representation. However, we do have a final note on choosing the right lawyer for your needs. First, decide if you are comfortable paying a retainer as this will be an easy way to decide for or against many lawyers.

After this initial step, it is best to look at the size of the firm. Larger firms will have higher overhead costs and will likely charge more as a result. However, that also means they can handle more cases faster, which could be beneficial depending on your unique situation.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

The Elements of a Premises Liability and Product Liability Case

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Whether you get hurt on someone else’s property or sustain injuries from a defective product, you might be entitled to financial compensation. You could file an insurance claim or lawsuit and hold the person liable for their actions. Typically, premises and product liability cases are the results of some sort of negligence.

Negligence is the legal theory that one party’s failure to act or not act in a certain way causes another person harm. Here, we’ll discuss what types of injury accidents might fall under premises or product liability laws and what needs to be proven to get the full and fair compensation you deserve.

What is a Premises Liability Claim?

Premises liability refers to an injury caused by the defective or unsafe condition of another person’s private or public property. The most common types of cases like this include:

  • Slip/trip and fall
  • Dog bite
  • Swimming pool accident
  • Fire or explosion
  • Elevator and escalator accidents
  • Poor maintenance and repairs
  • Inadequate lighting
  • Icy pavement or sidewalk
  • Cracked, damaged, or uneven flooring
  • Toxic chemicals
  • Missing or faulty handrails

Premises Liability All property owners and business owners owe their guests a reasonable degree of care to prevent them from harm. There are three categories of guests that indicate the owner’s level of responsibility towards them:

  • Invitee: Has an implied or expressed permission to be on the property. Examples include neighbors, friends, or relatives. The owner owes them the duty of keeping the property safe and free from hazards.
  • Licensee: Has the owner’s implied or express permission to enter the property but is doing so for their own purpose. For example, a salesman is allowed to be there but is attempting to make money rather than just visiting. The owner has a minimal duty to warn about any dangerous conditions.
  • Trespasser: A person who does not have the authorization to enter the property. The owner does not have any legal duty to warn them of hazards or reasonably prevent them from harm.

St. Louis premises liability lawyers have the knowledge and skills to review everything that happened to determine how you got hurt and who was at fault. You were most likely an invitee at the time of the accident, meaning you had a right to know if any dangers on the property could have caused you harm. If your attorney discovers that the owner didn’t provide proper warning or knowingly ignored hazards, you could pursue legal action.

What is Product Liability?

Product liability is the result of a manufacturer or seller providing a consumer with a defective product. When that happens, anyone involved in the product’s chain of distribution could be held liable for injuries someone sustains.

Three main types of product defects might exist and could have been the reason you got hurt:

  • Design defect: A product’s design is inherently dangerous even if the consumer uses it properly.
  • Manufacturing defect: An error occurred during the manufacturing or assembly of the product.
  • Failure to warn: The company failed to provide adequate warning labels about the risks of using their product.

Your St. Louis product liability lawyer can perform an investigation and gather evidence that shows the exact cause of your injury. It’s crucial to determine the type of defect that occurred so the individual or entity can be held financially responsible. You suffered a great deal of harm and deserve compensation for your damages.

What are Damages?

Damages refer to all the losses associated with an accident or injury. They fall under two categories: economic and noneconomic. Economic damages are actual expenses, while non-economic damages are intangible losses. They include:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Pain and suffering
  • Mental anguish
  • Property damage
  • Loss of qualify of life
  • Loss of consortium or companionship

Whether you were the victim of a premises liability or product liability, you can file an insurance claim or civil lawsuit. It not only holds another person liable for their carelessness but also reimburses you for your total damages. You shouldn’t have to pay out of pocket for any of your expenses. The at-fault party should be financially responsible.

To make sure that you get the full and fair compensation you’re owed, make sure to speak with a skilled St. Louis premises liability lawyer who has the right skills, experience, and resources to handle your case. There is a limited time to file an injury claim if you’ve been hurt on someone’s property or if a defective product has harmed you, so make sure to take swift action and hire a qualified injury attorney right away.

Jessica

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Arizona’s DUI Laws, Penalties: Drivers Need to Know

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DUI Laws That Drivers in Arizona Should Understand

The dangers of drunk driving are among the most significant lessons taught to all drivers. In fact, due to public safety campaigns, most people learn that driving while intoxicated by alcohol is illegal long before they ever get behind the wheel. Not only is drunk driving unsafe, but it is also illegal, and drivers can face a wide variety of serious consequences if they choose to drive after drinking or using drugs.

Even though drivers are aware that drunk driving is illegal, they may not fully understand the actual laws that apply in these situations, especially since these laws can vary from state to state. When it comes to driving under the influence (DUI), Arizona has some of the strictest laws in the United States, and those who live in the state or are visiting from elsewhere should be sure to understand the offenses that could lead to DUI charges and the potential consequences they could face. Those who are facing drunk driving charges will want to work with a Tuscon DUI defense lawyer to determine their legal options.

The Definition of DUI in Arizona

One of the reasons the DUI laws in Arizona are so strict is because drivers do not necessarily need to exceed the standard .08% blood alcohol content (BAC) limit to be charged with DUI. According to Arizona Revised Statutes 28-1381, it is unlawful for a person to drive or be in “actual physical control” of a motor vehicle if alcohol, drugs, or other substances have caused them to be “impaired to the slightest degree.” This means that even if a driver’s BAC is below the legal limit, they could still be arrested and face DUI charges if a police officer observes any signs that indicate that they are impaired, such as slurred speech, the smell of alcohol or marijuana in a car, or a driver stumbling when exiting their vehicle.

While some DUI arrests may be based on an officer’s observations, chemical testing of a driver’s BAC will usually play a role in the charges a person will face. A measurement of a driver’s BAC within two hours after they were in control of a vehicle will determine whether the driver is presumed to be impaired. If a driver’s BAC is .08% or more, it is presumed that they were under the influence. A BAC between .05% and 08% is indeterminate, and other evidence may be used to determine whether the driver was impaired. A driver with a BAC of .05% or less is presumed to not be under the influence, but other evidence may be presented to demonstrate that they met the threshold of being impaired to the slightest degree.

Drivers may also face DUI charges if they have any amount of certain types of drugs in their system. These include marijuana, heroin, cocaine, methamphetamines, PCP, LSD, and prescription opioids. In addition, drivers with a commercial driver’s license who are operating a commercial vehicle may be charged with DUI if they have a BAC of .04% or more.

DUI Penalties

For first-time offenders, a conviction on “basic” DUI charges will result in a minimum sentence of 10 days in jail, although a judge may choose to suspend all but one day of the sentence if the driver completes a drug or alcohol screening, treatment, or education program. A driver will also be required to pay fines and fees totaling around $2,000 and complete a traffic survival school course, and their driver’s license will be suspended for at least 90 days. They may also be sentenced to community service or probation, and they may be required to install an ignition interlock device (IID) in their vehicle for 12 months.

Certain situations can lead to more serious DUI charges with more severe penalties. These include:

  • Second DUI – If a person is convicted of DUI a second time within seven years, they will face a minimum jail sentence of 90 days, although all but 30 days of a sentence can be suspended if the driver completes a drug or alcohol screening, treatment, or education program. A driver will also be sentenced to at least 30 hours of community service, their license will be revoked for at least one year, and they will be required to pay fines and fees of at least $3,000.
  • Extreme DUI – Drivers who have a BAC of at least .15% will be required to pay fines and fees totaling more than $2,500, and they will be sentenced to at least 30 days in jail, although all but nine days of a sentence may be suspended if a driver equips their vehicle with an IID for at least one year. If a second DUI conviction within seven years is an extreme DUI, the driver will be sentenced to at least 180 days in jail without being eligible for suspension or probation, and at least 90 days of the sentence must be served consecutively.
  • Super Extreme DUI – Drivers who have a BAC of at least .20% will be required to pay fines and fees totaling more than $2,500, and they will be sentenced to at least 45 days in jail, although all but 14 days of a sentence may be suspended if a driver equips their vehicle with an IID for at least one year. If a second DUI conviction within seven years is a super extreme DUI, the driver will be sentenced to at least 120 days in jail without being eligible for suspension or probation, and at least 60 days of the sentence must be served consecutively.
  • Aggravated DUI – Drunk driving may be charged as a felony if a driver had two previous DUI convictions within seven years, if they were driving while their license was suspended or revoked, if they were required to use an IID in their vehicle, if they had a passenger under the age of 15 in their vehicle at the time of their arrest, or if they were driving the wrong way on a highway. A felony conviction may result in a sentence of between four months and two years in prison. A driver may also be required to pay fines and fees of more than $5,000, their driver’s license will be suspended for three years, and they may be sentenced to community service or probation.

Because the DUI laws in Arizona are so strict, drivers who are facing these charges will want to be sure to secure legal representation. A Pima County DUI defense attorney can help drivers understand the specific charges, the potential consequences, and the strategies that can help them avoid serious penalties whenever possible.

Mike

What Can Impact Claim In Personal Injury Case Thanks to Motorcycle Accident?

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You are a passenger on a motorcycle that gets into an accident, you’ll recover personal injury damages against the motorcycle operator, the opposite car involved (if there’s one), or both, depending on the circumstances. You would possibly even be ready to bring a products liability (defective product) claim against the motorcycle manufacturer if some defect or fault within the motorcycle caused the accident. Automobile personal injury cases are generally easier to prosecute than other sort of personal injury cases because there is rarely any possibility of finding the injured passenger to be guilty. Read on to learn more about these kinds of cases.

The Motorcycle is that the Only Vehicle Involved in the Accident:

If the motorcycle is the only vehicle involved in the accident, your claim is going to be against the motorcycle operator. As in any negligence case, the person bringing the claim must be ready to prove two things to win the case: liability (who was at fault) and damages (how badly the plaintiff was injured). If you’ll prove that the motorcyclist was negligent, you’ll win the case.

There are two main causes of 1 vehicle motorcycle accidents:

  • The motorcyclist negligently crashes (wipes out) or hits something, sort of a tree or a parked car.

2) The motorcycle crashes or hits something due to a mechanical defect or fault within the motorcycle. If a motorbike crashes during a one-vehicle accident, there’s nearly always going to be negligence or a defect somewhere. Either the motorcyclist was negligent, or the motorcycle was defective.

You are Involved during a Two-Vehicle Motorcycle Accident:

If you’re a passenger on a motorbike that gets into an accident with another vehicle, you’ll generally file claims against both the motorcycle operator and therefore the other car involved unless it’s completely clear that just one of the operators was guilty.

It is important to understand that a two-vehicle motorcycle accident can occur even when the motorcycle doesn’t hit the opposite car. If, for instance, a car negligently cuts off the motorcycle in traffic and causes the motorcyclist to wipe out, the driving force of that car is going to be susceptible to the motorcyclist and his/her passenger for any damages they suffer.

But if the negligent driver flees the scene and isn’t found, you’d not be ready to claim that driver. You would possibly be ready to claim with the help of motorcycle accident lawyer Denver for a successful and run accident under your and/or the motorcyclist’s uninsured driver policy if the policies leave such a claim.

Taking Liability and Damages under consideration:

To value a motorbike accident case, you’ve got to think about two things: liability and damages. Liability means who was guilty of the accident. If there’s no liability, either because the one that hit you wasn’t negligent, or because you merely can’t prove that the opposite driver was negligent, your case won’t be worth considering. This is often because it’s always the plaintiff’s burden of proving that the defendant was negligent. So, if the opposite driver wasn’t negligent, he or she doesn’t owe you anything. (Learn more about Proving Fault for a Vehicle Accident.)

Damages have got to do with the injuries and other losses that you simply suffered about the accident. The more significant the injury, the upper the number of compensable injury damages.

Let’s see out a few examples to determine how, generally, liability and damages work together to affect the worth of a motorbike accident case.

Let’s say that you simply were rear-ended while you’re standing still at a red light expecting the sunshine to vary, but that you simply didn’t get hurt, and your motorcycle didn’t incur any damage. The one that hit you was negligent – rear-ending someone may be a pretty clear cut case. But if you didn’t get hurt and you didn’t suffer any property damage, you probably did not suffer any compensable damages, then you’d haven’t any case. You would possibly be ready to accept a bit, simply for your trouble, but nothing quite a nominal sum.

Let’s now take the other example. Let’s say that you simply were involved during a motorcycle accident during which you suffered very serious damages, but that the driving force of the opposite car involved was almost definitely not negligent. The accident could are your fault. During this example, any settlement may additionally be rather small. If the defendant wasn’t negligent, his/her insurance firm isn’t obligated to pay you anything. Once more, you would possibly be ready to accept a little amount, but, if you truly can’t prove that the opposite driver was negligent, the insurer goes to be impossible to settle the case for love or money substantially.

How attorney’s Denver Personal Injury Can Assist Denver Accident Victims?

Those who are injured need to look for expert Motorcycle Accident Attorneys Denver on your side who understands what they’re browsing and may help them to guard their legal rights. For quite 20 years, the experienced Personal Injury Attorney Denver are representing accident victims, helping them get the justice to which they’re entitled under the law.

Conclusion

Personal injury or any such cases are often brought in any situation where someone is injured by the negligence of another person, company, or entity. Those cases aim to form sure that injured victims are “made whole.” Having a knowledgeable personal injury attorney in Denver on your side is that the best thanks to making sure that the laws work as they might guard you. I wish you all the luck that prevails!

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Five Emotions You May Feel During Your Divorce

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Divorce is amongst the toughest choices to make and it can be a daunting experience to go through it. You may feel a bunch of emotional strings together which makes it difficult to get through the whole process. However, you may want to shut down the emotions but it is not a solution to your problem, your emotions will eventually strengthen inside. Thus it’s better to know your emotions and understand the cause, to handle it in the best possible way. There can be many reasons that make you feel this way, such as you still love the person, and it is difficult for you to let go of the person who was a part of your life daily. The other reason can be your dependence on the ex-spouse. Most people rely on each other for various things such as emotional and physical aspects of the relationships, sexual intimacy, financial support, and more.

To let go of these rays of emotions that are holding you back, you need to gather courage and be strong. Everyone feels a different way and has their situations that lead to divorce. An end of the marriage is similar to losing your loved ones. You need to grieve a little and pour your emotions out to move forward. The best way you can do so is by setting expectations for the divorce process, in this way at least you know how it will all end. You should consult your Father’s Rights Attorney Los Angeles to understand the process. There are a lot of things involved in divorces such as paperwork, court visits, child custody, and more. It is important to give yourself some time and rely on family law attorney Los Angeles for all this work.

Your mental health is much more important than any other thing. As the divorce process begins, your life also takes a step ahead for the change. You have to give up the lifestyle that you shared with your ex-spouse and adjust to the new changes that your life brings. It may feel hard for you to see your dreams and plans break in this way. And the thought of losing it all in the process can bring back all these emotions.

Here are five emotions are commonly known as 5 stages of grief that you may feel during divorce:

Denial

If you are not the one who has initiated the divorce, then you might spend a lot of time in denial at the start. You can notice it yourself when you are not able to sign the divorce papers. At first, you may not accept the changes and the situation in front of you. It may seem impossible to end up in a divorce after all these years of marriage. Generally, people end up denying the said truth as it helps to avoid the problem for a while. When people aren’t ready to face such heart-warming situations, they end up denying it. But the key to moving forward is acceptance. When you accept the tough situation and find ways to solve it, the problem starts to vanish.

Anger

This stage is often experienced by both parties, it starts with the blaming game and ends up with the criticism and insult. In the denial stage, emotions are suppressed and as the next stage of anger comes up the emotions become heavy and outrageous. There would be questions of how, why the things are being this way. You may end up with a lot of anger and questions. But think of it like unleashing your emotions. Pour out everything that you’ve been through and fighting with inside your mind, let it come out, and let go. Anger can be considered as one of the ways to relax our hearts and mind. It helps to release all the toxic thoughts at once.

  • Bargaining

It is the stage where you give another thought to your marriage. Even if you initiated the divorce, you may go through this process and it’s completely natural. Many people consider giving another chance to save their marriage with the help of divorce lawyer Los Angeles  and are hopeful that your changes might work this time. You may also try to make things right by ensuring that your partner changes his/her mind. But this is only another try to avoid the harsh reality. By considering the situations, you may go back and forth at this stage. And this is completely common, so don’t stress over it and try to face the situation.

  • Depression

At this time, you start looking at the situation correctly. Know you may feel the actual pain and suffering which might lead to the stage of depression. This stage can be quite lengthy for you. You can feel sad for yourself and try to find another way to avoid the situation. But know you understand the fact that the marriage isn’t worth it anymore and it can be depressing for you. At this time, consider getting support from your friends and family. Open up to them and don’t think twice before accepting their help. You can also appoint a therapist if needed, and get one for your children’s too if they are also feeling stress and depressed.

  • Acceptance

This stage is all about accepting the truth and moving forward with a belief in a better future. Most people get relaxed at this stage and go with the flow. When you are all done with the sorrow and anger part, you know the reality and you accept it with all heart. And once you do this, you understand the grief and you may revisit that stage. But this completely means that you are much more strong now and ready to face all the new challenges.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How to Know If You’re Getting a Fair Auto Accident Settlement

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With every accident, expenses come in hand and there is always a possibility to rip off your pocket. If you want to ensure your pockets are safe, you should consider getting a fair auto accident settlement, and thus you better start doing your math. Every accident is different and thus asks for a different auto accident settlement. So, it’s tough to know whether you are getting fair compensation or not. But just like any other car accident the damage includes physical and emotional pain that should be taken into account.

However, it can be a daunting experience for you to get your car accident settled with fair compensation. To make this process easier, you can rely on highly experienced and skilled Car Accident Lawyer Beverly Hills. Moreover, you need to know the worth of your claim so that you can ask for the right compensation that you deserve. You should learn about the major facts before you accept the first settlement offered to you.

You have the complete right to ask for the right compensation rather than just accepting the first offer made to you. With the right attorney on your side, you can negotiate at it’s best and get the perfect deal.

But before you start on that, you should first decide upon the money yourselves. And for that, 3 major things should be considered, such as:

Know your Claim’s Value

Just like every other company, the main motive of the insurance company is to earn a good amount of profit, thus the first offer made to you will be just a convenient amount that they think you will accept willingly. But it’s not always a closing settlement, you can maximize it further accordingly. Even if it seems like a fair auto accident compensation, you should always accept it after analyzing and doing your research for damages. Several things should be considered before accepting the offer. There should be a proper account of damages that you have to pay for currently or in the future. Before you miss on anything, there is a list of damages that you should consider:

  • Vehicle Repairing
  • Medical Bill in case of any injury
  • Cost of Rental Vehicle until repairs
  • Cost for a maid to do the daily work, as you are injured
  • A salary that you have lost due to missed work
  • Property damages
  • Damaged Possessions
  • Future therapy and treatments
  • Emotional Damages
  • Physical pain and suffering
  • Expected Future Lost earnings

There can be many more possibilities that can be counted for compensation such as new opportunities for earnings and more. Thus, you should calculate accordingly and ask for fair compensation. If in any case, the insurance company is not settling with a fair amount of compensation then you have the complete right to file a case against it and get justice.

In such situations, hiring a Personal Injury Lawyer Beverly Hills can be of great help to negotiate on your behalf. Most people do not want to hassle for fair compensation, but if you hire a dedicated lawyer, you are all covered. A professional attorney can not just help you to provide a fair settlement but can also maximize the compensation for the difficulties you have faced to claim your money.

Identify the Person Behind Accident

Before asking for any compensation, you should know who caused the accident. There can be possibilities of involving more than one person responsible for the accident. It can either be the one who was driving at the moment of the accident, you, or even both. Just imagine, if the driver was drunk driving or you were crossing road texting without looking at the stop sign, then in such case it’s either the fault of the driver or you. But if you missed the sign and the driver was drunk too, then both are liable for the cause and have to compensate accordingly.

Thus, it is important to analyze the situation first and then act. Knowing the faulted man and his part of the cause can help you make a fair deal. If you are at any fault, you should consider that and discuss with your attorney to present it in the best light before anyone does.

Be informed about binding liability releases

You should be well informed about the binding liability release before accepting the offer made by an insurance company. As it properly states that you cannot ask for any more compensation after the agreement is closed. This means that it is a final agreement and cannot be updated or modified further in any circumstances.

Several medical conditions do not show any symptoms at the beginning but can turn into a severe condition afterward. And that is why it’s so critical to look after your wounds and what it will mean for your capacity to be utilized later on, portability, wellbeing, and personal satisfaction.

An expert lawyer can assist you with deciding the estimation of your case, going about as a backer to improve the probability that the insurance agency will make a reasonable offer from the beginning simultaneously. An accomplished lawyer can construct a convincing case so you can get the most extreme compensation, which incorporates investigating the subtleties of the case, talking with your clinical group, and so forth.

Conclusion

The whole process may take up your time and efforts, but it’s all worth it once you claim the compensation that you deserve. Thus, don’t think of the hassle and let your Personal Injury Lawyer Beverly Hills work towards providing you fair compensation. To ensure you are doing everything right, mark the above-mentioned points and follow from the start. I wish you all the luck that prevails!

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Minnesota Supreme Court Issues Rare Writ of Prohibition

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On July 29, 2020, the Minnesota Supreme Court handed down a rare writ of prohibition in a unanimous order. The order – issued in the case In re: B.H. v. Cengiz Gino Yildirim – overturned an order from the lower court requiring the alleged victim of sexual assault to hand over her cell phone for analysis to the defense.

Issuing a writ of this nature during the pre-trial stage of a Minneapolis Criminal Defense case is highly unusual. While a number of advocacy groups celebrated the decision as a victory for victim’s rights, the writ raises serious questions about the accused’s right to prepare a proper defense in the age of digital technology. These matters were further complicated by the Supreme Court’s finding that later attempts by the defendant to establish a viable need to analyze the alleged victim’s device were not timely raised.

The Facts

The case in question stems from an act of criminal sexual conduct the defendant is accused to have committed on December 9, 2018. According to the court record, the complaining witness B.H. attended a concert with friends during the evening of December 8. Following the concert, B.H. went to a bar and consumed alcohol with friends. When B.H. returned to a friend’s house to sleep, she allegedly woke in the early hours of December 9 to find Cengiz Gino Yildirim touching her. B.H. alleges that she was assaulted three separate times during the night and awoke in the morning to discover Yildirim was gone.

The following morning, B.H. took photos with her phone of Yildirim’s watch on a nearby nightstand. She also photographed blood smears on the sheets. B.H. disclosed the alleged attack the friends, went to the hospital for a sexual assault examination, and reported her allegations to law enforcement. According to B.H., she also communicated with Yildirim about the allegations using the social media platform Instagram. Prior to Yildirim’s arrest, police extracted some digital evidence from B.H.’s cell phone before returning it to her on the same day.

Law enforcement issued criminal charges against Yildirim on March 27, 2019.

Case History

The procedural history of the case prior to the issuance of the writ is extensive despite the fact that a trial has yet to commence. In May of 2019, Yildirim sought the disclosure of “books, papers, documents, photographs, law enforcement office reports, [and] tangible objects which relate to the case.” Later, Yildirim specifically requested that the complaining witness submit her cell phone to an independent forensic inspection. Yildirim also sought the forensic data recovered from the phone by the police. Instead, the State provided Yildirim with a sort of digital timeline of data from the phone, but only for the four-day range between December 7, 2018 and December 10, 2018. This range covered the two days prior to the alleged assault as well as the day that followed.

In November of 2019, Yildirim moved to compel production of the cell phone. While the State and defense initially resolved the motion with an agreement that the State would provide the rest of the data they collected, Yildirim moved to compel again due to the insufficiency of the provided data. On December 12, 2019, the trial court ordered B.H. to turn over the phone, which she failed to do.

Weeks later, Yildirim moved to subpoena the phone pursuant to Minnesota Rule of Criminal Procedure 22.01. The motion sought a subpoena covering “cell phone activity” from November 19, 2018 through March 27, 2019. The court granted Yildirim’s motion, and the defense served the subpoena on B.H.

B.H. moved to quash the motion, arguing that Yildirim’s request was unreasonable. Specifically, B.H. alleged the request fails to show any relevance, specificity, or materiality. At the hearing, Yildirim argued that the limited data recovered from the phone points to additional contacts between B.H. and the police and others. Yildirim alleged B.H. had changed her story over time, and that the cell data could present a different version of her story depending on who B.H. talked to.

B.H. then filed a notice of appeal as well as a motion staying the subpoena. At the hearing for the stay, Yildirim filed an addendum to his brief laying out specific reasoning for the request. Yildirim’s addendum points to “at least three instances” where B.H. allegedly made prior false allegations of sexual assault and also argues the cell data could point to inconsistencies between B.H.’s original report and the statements she made to friends. The trial court denied a motion to stay. B.H. then filed a petition for a writ of prohibition which was denied by the Court of Appeals. The Supreme Court then took up the matter.

The Reasoning of the Supreme Court

The Minnesota Supreme Court disagreed with both the trial court and the Court of Appeals, agreeing that the request for the cell phone was unreasonable. In their order, the Supreme Court found that the court’s issuance of the subpoena for the complaining witness’ cell phone was unauthorized by law.

The Court acknowledged that while prior decisions had upheld the use of in camara review of confidential information belonging to the complaining witness, it also held that cell phone data was different. The Court cited U.S. Supreme Court decision Riley v. California in holding that “cell phones differ in both a quantitative and qualitative sense from other objects.” Given the ability to reconstruct the private details of a person’s life from a cell phone, the Minnesota Supreme Court held that subpoenas for this digital data is held to a higher standard. The Court ruled that Yildirim failed to make the case that the request for the subpoena was reasonable, and granted the writ of prohibition.

Future Questions

In a footnote on Page 8 of the decision, the Supreme Court notes that Yildirim attempted to augment his explanation of the need for a subpoena. B.H. filed a motion to strike the addendum that addressed specific reasons behind the request, and the Supreme Court agreed that the addendum was improper. The end result is that the court did not consider the additional argument from Yildirim regarding the necessity of the cell phone data.

Would that additional argument have made any difference? There is no way to be certain. However, potential evidence of prior false sexual assault allegations or specific inconsistent statements is unquestionably relevant to Yildirim’s defense. It remains to be seen if the Supreme Court would rule similarly in a case where the defense made a timely, complete case for the relevance of the cell phone data.

Gerald Miller

Gerald Miller is a top-notch and experienced Minneapolis DWI lawyer at Gerald Miller P.A. in Minneapolis, MN. He has more than 35 years of experience in Criminal Defense practice. He has also been a mentor to numerous DUI/DWI defense attorneys.

What Do I Need to Know and Do Before Filing For Bankruptcy in Texas

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There is a chance that you’re flooded with anxiety when contemplating filing for bankruptcy. Having challenges with debt can be a stressful period in one’s life. Creditors will be on your case and a simple mistake could make you lose your assets. That is why you should be getting in touch with an experienced bankruptcy attorney for a smooth process. The process itself is complex and confusing and isn’t something that you’d want to do on your own. Before you can start filing, here are a couple of things that you need to know about bankruptcy.

It is Not an In and Out Process

If you’ve never had any experience with bankruptcy cases, it is easy to assume that they’re similar to normal cases. A bankruptcy case can last up to a year. If you’ve filed for Chapter 7 bankruptcy, you can expect a shorter time but other types of bankruptcy could take more than a year before the cases are finalized. If you’re unsure of the process, it is imperative that you’re getting in touch with a Dallas bankruptcy lawyer.

You’ll Be Open For Financial Scrutiny

If you’re never the person to discuss your finances with friends and family, you should be prepared for financial scrutiny. This could sometimes mean that your financial life will open to the public. Once you’ve filed for bankruptcy, you’ll be required to attend the meeting with creditors in person. There are no restrictions on the kind of questions the creditors can ask provided they’re related to the case. This will mean that anything to do with your finances can be questioned.

Honesty is Required

It is crucial that you’re being completely honest with the information presented when filing for bankruptcy. This is because a bankruptcy court will be of the opinion that only an honest individual should be entitled to a debt discharge. The first thing you’ll be required to do is to list down all your creditors, debts, and property. If it is discovered that you’re being dishonest at any point, there is a chance that you might lose the bankruptcy discharge. The FBI could be involved as bankruptcy fraud is a serious offense.

Bankruptcy Forms Are Complex

A lot of people are of the assumption that filing for bankruptcy is a simple and straightforward process. This couldn’t be further from the truth. There will be complex questions that need answers and will mostly be centered on your financial affairs. It is important that you’re taking your time as you’ll not want to provide the wrong information. Having an experienced attorney will help you fill the forms correctly so that there are no chances of making mistakes.

The Discharge is Personal

For any filing of bankruptcy, the ultimate goal will be to have the debt discharged. This is because it will prevent all the creditors from collecting debt from you. The bankruptcy will only protect you as an individual. It doesn’t include shared debt. A good example is when you’re the co-signer of a loan. There is nothing that will be stopping the lender from collecting debt under such circumstances.

The Process is Not Cheap

You could be in a bad place financially but filing for bankruptcy could be costly. The cost of filing for bankruptcy will be determined by the attorney you’ll hire and if the fees will be waived. Doing the filing on your own could still attract substantial fees.

It Will Impact Your Credit

It could take up to 2 years before you can start recovering from a Chapter 7 bankruptcy. There are not a lot of creditors that will be willing to work with you. You’ll first have to rebuild your credit score. Don’t take on huge credit that you’ll have issues with repayment. The last thing you should be doing when still recovering from Chapter 7 bankruptcy is to accumulate more debt.

You Might Lose Property

It is possible to keep property when filing for bankruptcy but not all of it. Any property that isn’t exempt can be claimed by the bankruptcy trustee. The kind of property that you get to keep will be determined by the bankruptcy option that you go for. The exemptions will also vary from one state to the next.

Conclusion

Filing for bankruptcy will affect your credit for years to come but it could sometimes be the only way out. If it comes to that, you’d want to get an experienced bankruptcy attorney that will ensure that you’re getting the best out of the case.

Mike

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How Long Does A Car Accident Settlement Take?

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A car accident is a very traumatic experience for anyone. Not only does it cause physical injury, but can also lead to a lot of financial troubles. The mental and emotional problems that follow as a result of the accident don’t help either. Not only are you affected by the accident but your family members and close friends as well. And if another person caused the accident, then the pain and trauma are that much higher.

Car accident cases are generally straightforward, and the settlement happens quickly. However, in some situations, the settlement may take longer than expected. Fighting for a settlement can be very stressful for an accident victim and his/her family.

But even before we go into why a settlement could get delayed, it is necessary to know all the steps involved in litigation for a car accident.

  • The plaintiff files a complaint against the opposite party.
  • The defendant gets served a copy of the complaint by the plaintiff. This will generally take a few weeks, but this step can drag on for months in some situations.
  • The defendant will then have to respond to the complaint. Generally, he/she gets about a month to file the response.
  • The collection of information begins at this stage. Each party will have to give all the information they have about the accident. This step generally takes a few months as there could be a lot of information to collate.
  • The trial begins once the information is in. In most cases, the trial will take one or two days.
  • Any party who is not happy with the result of the trial can appeal to the court. Appeals could be filed at many levels.

Why Would A Car Accident Settlement Take Long?

While most people expect car accident settlements to not take too long, in some situations, these cases may go on for a long period of time. There could be several factors that may affect a car accident settlement.

The Severity Of Damages

How severe and what type of damage the accident has caused can influence the time taken for the settlement. Damages can be of two types – damage to your vehicle as well as your physical injuries and mental trauma. Let us look at an example:

You own a regular car and it gets totaled in an accident. You also fracture an arm in the same accident. In a situation like this, where the damage and injury are straightforward, the settlement may not take too long. However, if the car involved in the accident was a brand new, high-end vehicle, and you suffer injuries that require multiple surgeries and months of recuperation, then the settlement may get complicated and take a longer time.

Also, if you suffer serious life-threatening injuries like brain damage, paralysis, loss of limb, or something similar, then the car accident settlement amounts could be massive, and this can cause further delays.

Cooperation From The Opposite Party

This has a significant influence on the amount of time an accident settlement could take. If you have severe injuries with high medical bills, then the opposite party’s insurance company will try to minimize the settlement amount and may not be very cooperative. In addition, if the opposite driver refuses to accept his mistake, then the insurance company will also make it tough for you to get a settlement. It is important that both parties cooperate with each other for an accident settlement to be concluded quickly.

Time Taken In Legal Proceedings

Legal proceedings can take a long time, especially if the initial settlement talks don’t go very well. Your lawyer will have to file a legal complaint if the responsible driver doesn’t accept fault and if his/her insurance company doesn’t cooperate. While, in principle, the litigation is supposed to speed up the process, it can do just the opposite, especially if the opposite driver’s insurance company decides to fight the claim, dragging the proceedings further.

Lack Of Clarity For Fault

If it is not clear who was really at fault at the time of the accident, the opposite driver or his/her insurance company may not agree to settle. Or even if there is a slight chance that you were also responsible for the accident, then again, the opposite drive may decide to fight the case. This can further delay the settlement.

Car accidents are by themselves very traumatic, and you will take a long time to heal from them, not just physically but mentally as well. Every car accident is different from the other. Some may get settled quickly while some may go on for months or years. There could be several factors that affect the time taken to solve the case and come to a settlement. In some situations, the cases could drag on for years. At such times, not having good counsel can cost you greatly. A good attorney will not only gather all the information on your behalf and represent you in a court of law but will also fight to handle the insurance company and ensure you get the compensation amount you deserve.

If you or a family member has been involved in a car accident, then leave the worrying about the settlement to Rector Stuzynski LLC. We have been dealing with car accidents for decades and know what it takes to get a fair settlement for our clients. We will ensure we collect all the information about the accident from you and will look at each and every detail thoroughly. Not only will we guide you every step of the way, but will also represent you in the court of law. We will fight till the end for your settlement and ensure you get justice. Our team will not rest till you get a fair settlement that you are satisfied with. Contact Rector Stuzynski LLC for a free case evaluation today. You can either opt for a virtual consultation or give us a call to book an appointment.

Mike

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The Dangers of Driving Under the Influence

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Everyone knows that it’s dangerous to get behind the wheel of a car after consuming drugs or alcohol. Unfortunately, many people do it anyway and put others in harm’s way. When someone chooses to drive their vehicle under the influence, they increase the risk of being involved in an accident. Below is more information about what legally constitutes driving under the influence and the consequences a drunk driver might face if arrested in Florida.

What’s Considered DUI?

You could face a charge of driving under the influence (DUI) if you’re in actual physical control of a motor vehicle and:

  • Under the influence of alcohol, illegal controlled substances, or harmful chemical substance; or
  • Have a blood alcohol concentration (BAC) of at least .08% per 210 liters of breath or per 100 milliliters of blood.

When a driver is impaired by drugs or alcohol, it isn’t easy to control the vehicle and focus on the road ahead. Driving under the influence can lead to any of the following symptoms:

  • Slowed reaction time
  • Reduced motor skills
  • Decreased alertness
  • Altered sensory perception
  • Lack of muscle coordination
  • Poor decision-making skills
  • Drowsiness
  • Loss of consciousness

DUI Penalties in Florida

Driving Under the Influence The penalty you face will depend on various factors, including whether you have a prior DUI conviction and the severity of your offense.

According to Florida statute chapter 316, section 193(2)(a), you could face the following penalties:

  • First DUI conviction: Maximum of six months in jail and between $500 and $1,000 fine
  • Second DUI conviction: Maximum of nine months in jail and between $1,000 and $2,000 fine

You could also lose your driver’s license for 180 days to a year for a first-time offender or up to five years if you’re a second-time offender. Florida statutes might require that you install an ignition interlock device to check your alcohol levels before you’re allowed to start the car.

The penalties for three or more DUI convictions are below.

  • Third DUI within ten years of the last one: Maximum of five years in jail and up to $5,000 fine
  • Third DUI more than ten years after the last one: Maximum of twelve months in jail and between $2,000 and $5,000 fine
  • Fourth DUI or more: Maximum of five years in jail and at least $2,000 in fines

Enhanced Penalties for Bodily Injury or Death

If you cause an accident in Florida while under the influence of alcohol or drugs, you could face enhanced penalties for injuries or fatalities that occur.

If your DUI offense leads to property damage or bodily harm, you could face a first-degree misdemeanor charge. The penalty is up to one year in jail and a $1,000 fine. Causing severe bodily injury is a third-degree felony with a five-year jail sentence and up to $5,000 in fines.

If you’re facing a DUI conviction and your accident contributed to the death of someone else or an unborn child, that’s considered DUI manslaughter, a second-degree felony. The penalty is a maximum of $10,000 fine and up to fifteen years in jail. If you fled the accident scene and an injured person ended up dying, you could face a maximum of 30 years in prison.

What to Do If You’re Arrested and Charged with a DUI

If you are arrested or charged with DUI, you should seek legal representation immediately. If you wait too long, you could unknowingly give up your rights and risk the future of your legal case.

When you’re facing a DUI conviction, it can be an overwhelming and stressful experience. You won’t have to go through this alone. A criminal defense attorney will stay by your side from start to finish of your case and make themselves available to provide you with the support and guidance you need. It’s crucial to remember than an arrest never guarantees a conviction, so make sure to hire an attorney to defend your rights.

If you were arrested or charged with DUI and don’t know what to do next, make sure to contact a Pensacola DUI lawyer to discuss your rights and legal options. Your lawyer will evaluate the case against you and will discuss the strategies necessary to get the charges against you reduced or dropped.

Jessica

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