What is a Miranda Warning?

Most people have heard of the Miranda warning, but it is important to understand what it means and what to do if you have been arrested. Invoke your right to remain silent and then contact a California criminal defense lawyer.

When law enforcement officers arrest someone in television shows or movies, you likely hear them tell the arrestee that they have the right to remain silent, anything they say can and will be used against them, and they have the right to an attorney. Collectively, this is referred to as a “Miranda warning,” and the law requires officers to give this warning to ensure that anyone in a custodial situation understands their rights.

Getting arrested can be a traumatizing experience, and it can be difficult to know what to do to best protect yourself. Never hesitate to invoke your Miranda rights, refrain from answering police questions, and call a criminal defense lawyer as soon as you possibly can. Feel free to call DeLimon Law offices if you are nearby Riverside or San Bernardino.

Brief History of Miranda Warnings

In 1966, the Supreme Court of the United States (SCOTUS) ruled on the landmark case of Miranda v. Arizona. In a time when police officers commonly used highly intimidating methods of interrogation to get confessions, Ernesto Miranda confessed to several serious offenses after police used such tactics. SCOTUS overturned the conviction and sent the case for a retrial, holding that individuals in custody must be informed of their rights prior to police interrogation.

While the specific wording of a Miranda warning can vary from situation to situation, the general idea must include:

  1. Informing the suspect of their right to remain silent under the Fifth Amendment
  2. Informing the suspect of their right to counsel under the Sixth Amendment

What Happens if You Do Not Receive this Warning?

If police officers fail to properly issue the Miranda warning to someone who is being questioned in a custodial situation, it can impact any criminal case that follows. Any answers you give to police without being Mirandized should be kept out of evidence to prove any criminal charges.

For example:

  1. An officer arrested you and started asking questions about the alleged offense without informing you of your Miranda rights
  2. You then say something incriminating during police interrogations
  3. If you are charged with the offense, a skilled criminal defense lawyer can seek your answers to be inadmissible as evidence because the questioning was in violation of your rights
  4. If the prosecutor was relying on your answers as evidence, they might have a much weaker case or even dismiss the charges

Should You Invoke Your Miranda Rights?

Many people think that stating they decided to stay silent and call a criminal defense attorney will make them appear guiltier. However, the authorities cannot use this decision against you in a criminal case, and you should not hesitate to invoke these rights. Politely inform the officers that you are invoking your right to remain silent and to counsel, and then seek help from a Riverside criminal defense attorney right away.

Developing a Criminal Defense Strategy to Fit Your Unique Needs

There isn´t a law firm in California that can guarantee results, but the Riverside Criminal defense Lawyer from DeLimon Law can offer you the expertise that you need. It’s a matter of examining every aspect of the physical evidence including police reports, interrogations, witness’ testimony, weighing the client’s options for dismissal if the prosecution cannot proceed with the legal process, and lowering charges when they come to a conclusion.

Speak with a Criminal Defense Lawyer Right Away

At DeLimon Law, our Top-rated criminal defense lawyers can begin protecting your rights immediately after an arrest, and you should not wait until you are charged to seek defense representation if you are in Riverside, San Bernardino, or nearby. Call 951-777-9104 or contact us online to discuss how we can assist you.

 

AUTHOR BIO

Daniel Delimon

Daniel DeLimon is a criminal defense attorney in California serving Riverside and San Bernardino, California residents and nearby areas. A former prosecutor with over 17 years of experience and widely respected by the legal community and served as a homicide attorney in one of the nation´s largest district attorney´s offices.

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What Does Product Liability Insurance Cover?

Product liability, in general, incorporates insurance, a knowledgeable legal team, and constant evaluations of product components, manufacturing process, and so on. The reality is that literally any product has the potential to cause harm or property damage, and the resulting claims can be complicated.

Remember the uproar when McDonald’s got sued for selling coffee that was too hot? Food, for instance, can not only burn people, but it can make them sick. A poorly-designed bunk bed can become a death trap if there is a fire. A blender could overheat and explode. A weed wacker with a poorly-made component can easily hurt the user or someone nearby.

Without product liability insurance, businesses would have to pay for lawsuits out of pocket if their products ever hurt anyone or anything.

What Is Product Liability Insurance?

Product liability insurance is designed for companies that create products and sell them to the public. Product liability insurance protects such companies in case one of their products has a defect, if there is a design flaw that was overlooked, or if one of the product components was damaged or poorly made. This type of insurance also covers businesses if a product causes an injury or damage to someone’s property.

Who Should Get Product Liability Insurance?

Manufacturers, wholesalers, retailers, and distributors that sell a product to the public, to other businesses, or that have a supply chain would be well-advised to secure product liability insurance. It doesn’t matter if it is a tiny cottage industry selling just a few units of an all-natural, seemingly harmless item or a worldwide mega-conglomerate corporation.

In a product liability lawsuit, the plaintiff has the ability to sue the companies involved in producing the product that caused them injury—whether it’s a widget factory in Indonesia that only makes one part of a product or the design team who laid it out the specs. Many companies might not have the funds to cover all of an injured plaintiff’s losses every time a product-related accident happens. This is where the corporation’s product liability coverage comes in.

What Occurrences Are Covered by Product Liability Insurance?

A general business liability policy can cover products in some cases, but each insurance policy is different. Here is a general list of the types of things product liability insurance helps with:

  • Defective parts or components
  • Incomplete or inaccurate warning label
  • Manufacturing defects, production inconsistencies
  • Incorrect or inaccurate product instructions
  • Design flaws
  • General liability (meaning a product was not in any way defective but still caused an injury property damage)

Common Losses of Product Liability Victims

The reality is that product liability claims can have high dollar amounts. A defective or dangerous product can result in severe injuries and losses, and victims can seek total compensation for their losses by filing an insurance claim. Companies should have enough coverage to pay for the losses of injury victims, so they do not have to dig into the business’s own pockets or – in some cases – file for bankruptcy.

Some losses that an injured victim might seek include:

  • Past and future medical expenses
  • Past and future lost income
  • Pain and suffering
  • Permanent impairments or disfigurement
  • Wrongful death

Some products can cause catastrophic injuries that change a victim’s life forever, and their lifelong losses can easily reach the millions. Sometimes, a product can cause injuries to many people, who all file a class action or mass tort case. The right insurance coverage is critical in such situations.

Varcadipane & Pinnisi Are New York Product Liability, Lawyers

Product liability laws in New York can be complicated to navigate—you need someone with experience to help. Varcadipane & Pinnisi, PC has a solid track record of litigating all aspects of product liability cases for injury victims. As New York personal Injury attorneys, we can help you if you have an issue with a defective product that has caused injuries and losses. Contact us now for a no-cost review of your product liability case.

 

Author Bio

Dawn M. Pinnisi predominantly handles injury claims in New York and New Jersey on behalf of victims of products 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.

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Where Do Most Burn Injuries Occur?

Just like most car accidents happen within 20 miles of your home, most burn injuries happen at or near home. On a global scale, most burns happen in low- to middle-income countries. The American Burn Association found that over a recent decade in the US, 73% of burns occurred at home. On a personal scale, most burn injuries occur on the hands and fingers.

The legal team of Varcadipane & Pinnisi has put together this report for you on where most burns occur.

Types of Burn Injuries

Regardless of where on the planet or where on your body a burn occurs, there are three main types of burns:

  • Flame burns (direct contact with flames)
  • Scalding (direct contact with hot liquid)
  • Contact Burns (direct contact with hot solids)

There are also thermal burns (caused by a heat source), chemical burns (caused by a caustic chemical such as lye), radiation burns (caused by UV rays like X-rays or the sun), and electrical burns (caused by electrical current).

The other way burns are classified is by their seriousness, with first-degree burns being the least serious (superficial burns affecting only the top layer of skin) and third-degree burns being the most serious (painful burns going down to the bone).

Burn Injury Statistics

According to the American Burn Association, burns are a public health problem. Looking at the numbers, it’s clear to see why:

  • In the United States, 486,000 people received medical treatment for a burn injury in a recent year. 3,275 people died of smoke inhalation, and 40,000 people were hospitalized for burn injuries (30,000 being treated at special burn centers around the country).
  • Beyond the home, 8% of burns occurred at work, 5% in car accidents, 5% through sports or recreation, and 9% occurred in other locations.
  • The rate of fatal burns in children is more than 7 times higher in low- to middle-income areas than it is in high-income areas.

Burns can happen due to electrical problems in a building, inadequate safety equipment at work, defective smoke detectors or home appliances, and many more factors. There is always a chance a burn injury can happen to you or someone in your household.

Where On the Body Do Most Burns Occur?

In general, hands and fingers are the most commonly injured body parts to be treated in hospital emergency rooms. So it makes sense that the most common location for burns on the body is there as well. Let’s look at the example of fireworks. The Consumer Product Safety Commission reports that fireworks are responsible for over 11,000 injuries a year (predominantly burn injuries). Here are the “location numbers” specifically for firework-related burns:

  • 33% of firecracker injuries involve the hands and fingers.
  • 28% involve the head and face.
  • 18% involve the legs.
  • 12% involve the torso (ribs, shoulders, back, and belly area).
  • 9% involve the eyes only (without injuries to the head or face).
  • 8% involve the arms.

Most Common Causes of Household Burns

Aside from lighting off fireworks, which is a completely preventable burn injury, here are other burns common to the household environment. Considering the house is where most people get burned, use extra caution during the following activities:

  • Running hot water from your faucet
  • Barbequing
  • Drinking a hot beverage like a coffee or a tea
  • Curling your hair
  • Burning a fire in your fireplace
  • Operating a heater
  • Ironing clothes
  • Cooking a pot of something hot on the stove
  • Removing microwaved food from your microwave oven
  • Operating an oven

We Are Experienced New Jersey Burn Injury Attorneys

Varcadipane & Pinnisi, PC has a long history of fighting back in personal injury cases, such as burn injuries. As New Jersey Personal Injury Lawyers, we are passionate about fighting for those who have been injured due to someone else’s negligence. Contact us right away for a straightforward, free legal evaluation of your burn injury claim.

 

Author Bio

Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey; a designation given to less than five percent of civil litigation attorneys in New Jersey.

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Law CPLR 4549 – The (New) New York Speaking Agents Rule. It’s About Time!

Picture yourself walking down the aisle of your local supermarket.  You’re pushing a full shopping cart, not noticing an open box of rice on the floor directly in front of you.  Your foot hits the rice, and you slip and fall.  You know immediately that your leg is broken because you felt it snap.  X-rays confirm the diagnosis, and you are told that you need surgery and will be in a cast for at least 6 weeks.  You begin to wonder – will all your medical bills be covered; what about lost wages; and will you have a viable claim against the store for pain and suffering?

You’re not feeling very happy, but you are relieved about one thing.  A maintenance employee from the store witnessed your fall and stated, “Oh, I was supposed to clean that up a half-hour ago, and I just didn’t get to it.  I’m so sorry!”

Common sense would tell you that that statement is an admission by a store employee that he was negligent – he knew about the dangerous condition which caused your accident; he was supposed to clean the condition, and he failed to do so.  You figure that since the store employs the maintenance guy, the store would be responsible for his actions.  So, while your leg may hurt, you find some comfort that at least you’ll be able to prove negligence against the store.

Until very recently, however, the law in New York would have excluded that statement at a trial against the store.  Prior to the addition of New York Civil Practice Law and Rules (CPLR) Section 4549, that statement was considered to be Hearsay, and therefore inadmissible in Court.  The reasoning was that the employee was not authorized to speak for the store; he was merely authorized to clean the floor.

Traditionally, out-of-court statements are not admissible in evidence under the Hearsay Rule; generally speaking, a witness is not permitted to testify as to what someone else said.  However, there are exceptions to that Rule.  One example is known as the “excited utterance”.  If someone blurts out a response to a startling event, the law considers that statement to be more reliable, and therefore admissible as an exception to the Hearsay Rule.  In your case, the maintenance employee was pretty startled; he just saw someone fall on a condition that he was supposed to clean up, and he’s pretty sure that he’s going to get blamed.  And yet, the statement was previously inadmissible.

What does CPLR 4549 actually change?

Happily, CPLR 4549 now permits the use of statements like the one above.  That means that you as the accident victim (or anyone else that heard the statement, such as your friend, sibling, spouse, or any other witness) can testify that the statement was made, and a jury can consider that statement as proof of the employee and store’s negligence.  As another example, say you are a pedestrian and are hit by a truck that was delivering furniture for a local store.  You were in the crosswalk, the light was in your favor, and for whatever reason, the driver just didn’t see you.  When he gets out of the vehicle, that’s the first thing that he says.  That statement is now admissible in Court pursuant to CPLR 4549.

CPLR 4549 is a game-changer.  Statements which would prove liability are now admissible to do just that.  Without that statement, your case against the store might not be provable.  Under New York law, the fact that you fell on that rice does not in itself prove liability against the store.  Obviously, the rice is not supposed to have been on the floor, but you also have to prove that the store had notice of that condition.  That means that you have to prove that the store knew about the condition; that the condition was on the floor for a long enough period of time that the store should have known about the condition; or that the store created the condition.  Without the above statement, it might be difficult to prove notice, and if you can’t prove notice, the case against the store will not be successful.

So hats off to the New York legislature.  CPLR 4549 – it’s about time!

Michael L. Taub, a Partner at The Platta Law Firm PLLC, has been a member of the New York State Bar for 38 years and is a graduate of the American University Washington College of Law.  He is also admitted to practice in the United States District Court, Eastern and Southern Districts of New York, and the District of Connecticut.  He has extensive experience in Plaintiff’s personal injury cases, particularly those concerning automobile accidents and premises accidents.  He has argued multiple cases before the First and Second Departments of the Supreme Court, Appellate Division.

How much does it cost to hire a personal injury lawyer?

The Cost of Hiring a Personal Injury Lawyer

Anyone who has been in an accident, or knows someone who has, knows that the aftermath can be costly. There are material costs, but there are often emotional and financial costs. This is especially true if you’ve been injured in an accident. If this is your situation, you may be wondering if you should hire an injury lawyer, given the costs.

Hiring an injury lawyer can be expensive, but there are some benefits. First of all, lawyers often have relationships with doctors and other professionals who can help you get the care and treatment you need. They may also be able to help you get compensation for your injuries, including medical bills, lost wages, and pain and suffering.

Here are the factors to consider when deciding the cost of hiring a personal injury lawyer.

How Severe Are Your Injuries?

Injuries are expensive to treat and are often not covered by health insurance. A mild sprain may not cost much, but a broken bone will be more involved and costly to treat. Depending on your injuries, you might have to take time off from work and pay for transportation to doctor’s appointments. All of these costs could add up quickly, and these costs are what injury lawyers fight for when they go to bat for you.

Is There Insurance For The Other Party?

The person responsible for the accident might have liability auto insurance that covers some of your expenses if they were at fault in the accident. Your lawyer may negotiate a settlement with the insurance company covering your hospital visits, lost income, and pain and suffering.

What Is The Other Party’s Insurance Company Willing To Pay?

If you’ve already contacted the insurance company of the driver responsible for the accident, you might have some insight here. The settlement offer is likely directly related to how serious they believe your injuries are and their liability exposure. In other words, they might be more willing to pay if they think they are more vulnerable. Their offer will also depend on whether or not they believed this person was at fault for causing your injuries in the first place.

How Complicated Is Your Case?

The more complicated your case, the more it will cost. For example, if there are multiple parties at fault in the accident, it can be more challenging to determine the liability of each one. There may be witnesses you need to interview or experts to talk to. Any extras like these will add up, and you’ll have to decide how much you’re willing to spend for an injury lawyer.

The Time It Will Take To Settle Your Case

If you hire a lawyer and they don’t resolve your case quickly and successfully, this can also make the cost of an injury lawyer higher than necessary. Similarly, if you feel that your lawyer isn’t doing the job properly, this can impact the price. An excellent injury lawyer will move quickly to get you the best settlement possible.

The Size Of Your Injury Claim

The size of your settlement will also impact the cost of hiring an injury lawyer. If you have a severe accident and ask for more than the average settlement, it will be harder for your lawyer to get the insurance company to agree to it. Your lawyer may need more time or money to gather evidence and interviews that could support a larger settlement. If you’re not asking for much, it’s possible that an excellent injury lawyer can get you more value out of an insurance claim.

The Results Of Your Case

Many factors can help determine how well your case will resolve in court and dictate how much money you’ll receive as part of your settlement. These include the type of case you’re bringing and the type of injuries involved. The cost of hiring an injury lawyer will vary based on all of these factors, so when deciding whether or not to hire a lawyer, you’ll have to consider each one.

How Much Do You Want To Pay?

Finally, you will have to decide how much you are willing to spend to hire a personal injury lawyer. Lawyers can vary significantly in the cost of their services. If money is tight, finding a lawyer who charges less may be possible. However, if your case is complicated and you want a lawyer who specializes in this area of the law, it might be worth paying more for someone qualified.

More than anything, hiring an injury lawyer is about weighing the costs and benefits. The prices may be more significant than you realize and can often run into thousands of dollars. If you’re not sure whether or not to hire a lawyer, you should seek some advice from those who have experience in this area. They’ll be able to give you their opinion on whether or not it makes sense to hire a lawyer, what the cost might be, and which issues and factors you should consider when weighing your decision.

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.

Aggressive Driving Law in Indiana

Indiana is one of eleven states that specifically target aggressive driving in an effort to reduce traffic accidents and fatalities. Under Indiana law, aggressive driving is a Class A misdemeanor, which may be punished by up to one year in jail and a $5,000 fine.

A driver may be charged with aggressive driving if he commits three or more of these infractions during a single driving event:

  • Following a vehicle too closely
  • Operating a vehicle unsafely
  • Overtaking another vehicle on the right side by driving off the roadway
  • Stopping or slowing a vehicle unsafely
  • Sounding the horn unnecessarily
  • Failing to yield
  • Failing to obey a traffic control device
  • Driving at an unsafe speed
  • Flashing the vehicle’s headlights repeatedly

Imagine that another driver improperly fails to yield the right of way to you. You are angry. To show your displeasure, you tailgate the other driver, sound your horn excessively, and flash your lights at him. Under Indiana law, you have engaged in aggressive driving—even though the other driver should have yielded to you. A driver may be charged with this offense if aggressive driving is used to harass or intimidate someone in another vehicle.

If aggressive driving occurs in a highway work zone, the driver may be charged with a felony. If a worker is injured by the driver, a Class D felony may be charged. A Class C felony may be charged if a worker is killed in a work zone. A Class D felony may also be charged if the offending driver had a previous motor vehicle operation conviction in the last five years.

If you have been injured by an aggressive driver, you may be able to recover damages. If the driver was convicted of aggressive driving, you have an easier case. The driver’s conviction may be considered negligence per se, which means that the driver is automatically deemed negligent for having violated the law.

Road Rage

Road rage is a dangerous behavior that often occurs when a driver becomes frustrated or impatient and takes their anger out by driving aggressively without consideration for other vehicles on the road. Every driver that gets behind the wheel of their vehicle assumes a duty of care, which is a legal obligation to drive in a way that is in the best interest of others around them. Those who are driving with road rage are a danger to everyone around them and are typically violating this duty of care.

What Are Some Signs of Road Rage?

If you have been injured in a car accident, you might be wondering if road rage was the cause of that accident. Some of the more common signs of road rage include but are not limited to:

  • Tailgating – A driver who is tailgating is one of the most recognizable and dangerous signs of road rage. Drivers with road rage will often use tailgating as a sign of aggression against other drivers.
  • Speeding – This is one of the most common signs of road rage. Speeding above the legal limit and swerving in and out of lanes to move ahead of traffic often indicate that a driver is displaying signs of road rage.
  • Honking – Honking a horn is one of the easiest ways for a driver with road rage to express their anger. It might appear that a driver is needlessly honking their horn if they are stuck in traffic, and this is often the beginning of aggressive behavior.
  • Flashing their lights – One sign of aggressive driving is flashing lights at other cars. This behavior is dangerous for a variety of reasons and can result in serious accidents.
  • Making physical gestures – Those drivers who are displaying signs of road rage will often be seen making angry gestures in their vehicle, which is one of the signs of road rage.
  • Yelling – Drivers who are displaying behaviors of road rage will often yell at the other drivers around them. This can be extremely distracting and even offensive in some situations.
  • Physically attacking – In some extreme cases, a driver will become so agitated that they provoke physical violence when stopped in traffic.

Learn More About How a Car Accident Attorney Can Help

Car accidents that have been caused by Aggressive driving and road rage can be both terrifying and confusing. When you consider that the accident might have been prevented if the other driver had simply controlled their anger and been aware of the danger they were causing to those around them, the situation becomes even more frustrating.

If you believe that the driver who caused your car accident displayed any of these behaviors, it is advisable to speak with a car accident lawyer in Indiana as soon as possible.

 

Blackburn Romey’s founding partner, Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law.
Since 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

Tom has been long awarded the distinction of being a top lawyer for personal injury and wrongful death in Fort Wayne.

The Most Common Accidents that Require a Personal Injury Lawyer

Hiring a personal injury lawyer is vital regardless of whether you were injured through negligence, accident, or wrongdoing. A good lawyer will protect you from aggressive insurance companies who might try their best not to pay you fair compensation. Though you can try and navigate through your injury claim, legal procedures can be confusing.

There are many injuries that personal injury lawyers can help with when making an insurance claim. Here are some of the most common injuries personal injury lawyers see in clients:

  • Motor vehicle accidents
  • Workplace injuries, including construction accidents
  • Slip and fall accidents
  • Medical malpractice
  • Wrongful death
  • Product injuries or harm from manufacturing defects or design flaws

Dynamics to Establish whether you Need a Personal Injury Lawyer

Is There a Dispute Regarding the Liability of the Accident?

Injury victims bear the burden of proving the other party’s errors, negligence, or wrongdoing were the cause of the victims’ injuries. You will only get compensation by proving that the other party was at fault, failure to which you get nothing. If there is a dispute concerning the liability, immediately get yourself an injury lawyer.

Your lawyer will conduct investigations to determine who is responsible for your injuries and how they happened. The personal injury attorney will develop a legal strategy to prove the liability with the evidence gathered.

Are You Getting Blamed for Contributing to Your Injury?

Though the other party’s insurance company might accept liability, they might claim you contributed to what caused your accident. Take, for instance, injuries after an accident. They might say you were speeding when the accident happened, making you partially responsible for the accident. In New York, there is a law called contributory negligence law. It guides that your compensation may reduce by the proportion of your contribution to the accident.

If the judge determines you contributed 50% to the cause of the accident, your compensation reduces by half. An attorney will be able to navigate out of these unfounded allegations and fight for fair compensation.

Are Multiple Parties Involved?

A personal injury case involving multiple parties can be complicated. Hiring a personal injury lawyer will help navigate the complexity of multiple parties. These are cases such as construction accidents, product liability claims, multiple vehicle accidents, and medical malpractice claims. These cases are complicated, and a lawyer will use their experience to build a case that protects your interests. Having many parties could mean more money for you, but the complex nature of these cases could also mean prolonged court battles.

Were Your Injuries Traumatic, Or Did They Leave You with A Permanent Disability?

Personal injury cases involving permanent disabilities and traumatic injuries have a complexity that is not common in other cases. For instance, if you consume a defective product and sustain a disabling condition, you could require continuous medical care. The disability might mean you are unable to work anymore. You may also incur future damages as a result of this impairment. To accurately place a value on your current and future damages, your lawyer will hire a team of professionals.

They will need financial, economic, and medical experts to consider all factors to get you the maximum injury claim value. The value of pain and suffering requires an experienced personal injury lawyer who will document the damages and maximize your compensation.

Insurance Companies Acting in Bad Faith

The other party’s insurance company will never voluntarily be interested in compensating you. Their goal will always involve trying to avoid paying you anything out of what you are claiming. Some of the ways an insurance company will act in bad faith include;

  • Failure to investigate the claims
  • Requiring burdensome, unnecessary paperwork to process a claim
  • Insurance policy terms misrepresentation
  • Refusal to pay valid claims
  • Misleading a victim concerning their legal rights

Any failure of an insurance company to negotiate a fair accident claim settlement will have your lawyer filing for a personal injury lawsuit. Insurance companies know how messy and damaging cases can be to their reputation. They avoid lawsuits and settle your claims proving how important it’s to have a personal injury lawyer.

Conclusion

Though some personal injury cases may seem straightforward, and you may think you do not need assistance, consult with an attorney to know your rights. An attorney will help you review the injury case and advise on legal rights and the merits of pursuing the case. Personal injury cases are never the same.

Sometimes it might not be a fair game. Having a personal injury lawyer is essential whether you are injured in an accident by your own fault or someone else’s negligence. Attorneys play a significant role in protecting your interests against insurance companies that want to pay you as little as possible. You deserve to have a lawyer who is only concerned about top interests on your side.

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.

New Developments in Civil Rights Law: Personal Injury Firm Wins Historical U.S. Supreme Court Case for Wrongfully Arrested Brooklyn Man

A personal injury law firm based in New York, Shulman & Hill recently won their first-ever U.S. Supreme Court case on behalf of a Brooklyn man who was wrongfully arrested and maliciously prosecuted by the NYPD.

Shulman & Hill represented postal worker Larry Thompson in a case alleging that the NYPD subjected him to a wrongful arrest and malicious prosecution before finally dropping his criminal charges. His attorneys were responsible for proving that Thompson’s criminal case ended in his favor and winning him the right to sue the NYPD for maliciously prosecuting him.

Role of the Fourth Amendment in Thompson v. Clark, et al.

The Fourth Amendment of the U.S. Constitution protects us from unreasonable search and seizure, and the NYPD was in violation of this right when they forcefully entered Thompson’s home without a warrant. When Thompson tried to prevent law enforcement from entering, the NYPD forcefully entered anyway, arrested and detained him for two days, and subsequently charged him with resisting arrest.

Thompson’s sister-in-law, who suffers from mental illness, was the one who called the police to the premises, claiming that he was sexually abusing his newborn daughter. After medical professionals found no signs of sexual abuse on the infant, Thompson was released from jail. His charges were dropped shortly thereafter.

Police are responsible for retrieving warrants from judges who agree that there is probable cause to enter a home. These checks and balances allow law enforcement to do their job while protecting the rights of individuals. Without this step, the NYPD circumvented the justice system and sacrificed an innocent man’s Constitutional rights.

What Difference Did Shulman & Hill Make?

The success of Thompson’s case depended on Shulman & Hill’s ability to prove that his criminal prosecution ended favorably for him. However, previous case law was established in Lanning v. Glens Falls, 908 F. 3d 19, 22. set a precedent in the U.S. Court of Appeals for the Second Circuit that a favorable outcome must include an “affirmative indication of innocence.” Because the NYPD did not give a reason for terminating their criminal prosecution of Thompson, it was impossible to verify whether this outcome affirmed his innocence.

Shulman & Hill instead emphasized the NYPD’s aforementioned lack of probable cause to set a new precedent: a lack of conviction alone qualifies as a favorable outcome to the accused party when the charges are brought without probable cause. Specifically, malicious prosecution is now understood as the wrongful initiation of charges without probable cause and does not require proof of affirmed innocence, which could make many more people eligible to file civil claims against police and prosecutors.

What Does This Mean for the Future of Civil Rights Cases?

While New York City’s claims report indicates an overall downward trend for the number of civil rights cases being filed against and settled by the NYPD from year to year, it is still worth noting that the NYPD has paid out over $1 billion in civil rights case settlements in the past five years.

Despite so many civil rights cases being filed against the NYPD every year, the U.S. Supreme Court hadn’t agreed to hear a case against the Ney York Police Department in over 40 years before this one. Regardless of whether the Supreme Court will hear another case involving the NYPD, Thompson v. Clark, et al. opens the door for many individuals who were maliciously prosecuted by the NYPD and police organizations in other cities and states to sue law enforcement directly for damages.

What to Do if You Were Maliciously Prosecuted

Anyone who has been arrested without probable cause or whose rights have been violated by law enforcement is well-advised to seek legal representation from a personal injury law firm with experience in successfully litigating civil rights claims. It is even more advantageous to work with an attorney like Cary London with Shulman & Hill who has experience with civil rights claims against the police and other government organizations.

When it comes to protecting your civil rights, it is in your best interests to work with a legal professional who is familiar with the law and its recent developments. Call Shulman & Hill if you believe you may have a valid case against the NYPD for prosecuting you without probable cause.

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Can you Sue for Pain and Suffering in NYC?

New York Wrongful Death Lawyer

Only medical bills lost earnings, and certain other expenditures linked to your injury are recoverable under New York law. You cannot sue your employer for grief, suffering, or emotional harm caused by a loved one’s death. However, you may be able to obtain this compensation by filing a third-party damage claim against someone other than your employer.

A third-party injury claim seeks compensation from a negligent person other than your employer for your pain and suffering. For example, if you are injured in a vehicle accident in New York while on the job, you may be able to sue the at-fault driver for financial damages.

You may be able to recover financial damages through your or the transportation authority’s no-fault insurance coverage, and you may also be able to pursue further compensation through a lawsuit.

Like any other property owner, you may be able to hold the transit authority accountable for accidents caused by improper upkeep of its properties, such as stations, platforms, staircases, and elevators. You may be able to claim premises responsibility if you slipped and fell on accumulated water from a leaky pipe on a station platform, for example.

You can contact a construction accident lawyer that can help you with your pain and suffering case. As attorneys are the best advisers.

How Much Do You Get Paid for Suffering and Pain?

A pain and suffering award covers a wide variety of injuries, including both physical and emotional suffering caused by personal harm. This might involve fear and trauma, as well as other mental and emotional issues that can last a long time, such as anxiety and sadness, uneasiness, and shock.

Consider these factors when calculating pain and suffering.

Certain factors must be examined in order to assess pain and suffering damages using either method. These are some of the elements:

  • How has it affected your day-to-day life?
  • Whether you’re depressed or anxious, we can help.
  • Whether you’re experiencing a loss of appetite or sexual dysfunction, we can help.
  • If your injury has the potential to decrease your life expectancy, you should seek medical attention immediately.
  • The more serious these elements are, the more likely you are to get considerable pain and suffering compensation.

Damages for Pain and Suffering are limited.

Because these damages are so difficult to measure, many states and doctors are concerned that sympathetic juries may misuse them by awarding large sums of money – often many times more than the real economic costs caused by the event. To keep awards under control, several states have capped these damages.

While these regulations theoretically reduce the risk of abuse, they also restrict the amount of compensation accessible to persons who have been really harmed and are in great pain or anguish.

Visit an experienced attorney for help with your pain and suffering lawsuit.

If you were injured as a consequence of someone else’s negligence, you have the right to seek financial compensation from the individual who caused your injury.

This award covers more than just the expense of your medical care; it also covers your pain and suffering.

To book an initial evaluation and explore your options with a New York City personal injury lawyer, contact a New York Wrongful Death Lawyer right immediately. Our lawyers are very experienced and can definitely help you with your case. Our attorneys from our law firm can provide you will all of the necessary information too regarding your case

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What is “Mediation”?

Introduction

Mediation is a type of unconventional disagreement settlement that aims to find a practical settlement to conflicts involving two or more parties.

Although mediation is an entirely voluntary process, some contracts require parties to engage in it before filing a lawsuit or commencing arbitration.

Before filing a lawsuit or arbitration, the parties might opt to mediate their disagreements. They can also act as a mediator during a court case or arbitration. Mediation has the ability to save time and money by avoiding months or even years of litigation. It provides a means of reducing costs while maintaining the parties’ connection. Mediation, on the other hand, might be a waste of time and money if the parties are not yet ready to resolve their disagreement.

You can get yourself a lawyer from a reputable law firm if you want any help with your case.

Is mediation a good fit for you?

Mediation is a form of alternative dispute resolution that allows opposing parties to avoid going to court and instead attempt to negotiate a mutually acceptable compromise while emphasizing politeness, mutual respect, and teamwork.

By avoiding the costly and time-consuming litigation process, this technique saves the parties money and time. As an experienced and professional New York attorney and mediator, you may rely on my abilities to moderate the discussion and aid you in achieving a beneficial settlement.

When is mediation a good idea?

The parties agree to meet with a neutral third-party during mediation. The mediator, who has been professionally educated to resolve conflicts, listens to both sides’ arguments and directs his or her efforts toward finding a common ground. Mediators may also provide recommendations for the best way to resolve a conflict. Mediators facilitate agreement by providing an objective, unbiased assessment of the issue, which can aid in the resolution of even apparently intractable conflicts.

Because mediation is usually voluntary, the parties involved have complete control over the process. Rather than having courts decide when and where meetings are conducted, who is present, and other factors, the parties to a lawsuit or disagreement can make these decisions. In cases of severe lead poisoning and other serious cases, mediation is frequently used. The judge chosen by both parties focuses his or her efforts on achieving a mediated resolution rather than a full-fledged jury trial. Given the stakes involved, this may be regarded as appropriate by both sides at times.

What Are the Advantages?

Mediation is a private and confidential procedure in which participants can choose whether or not to participate. Rather than directing the process, the mediator helps it. Unless and until an amicable conclusion is found, any participating party is allowed to withdraw from the process at any moment. The procedure is “non-binding,” which means that by participating, the parties do not bind themselves to anything unless and until they achieve a mutually agreed agreement and sign a binding settlement agreement.

Furthermore, with rare exceptions, settlement discussions exchanged between the parties during mediation are often inadmissible in court if the mediation is unsuccessful and litigation is instead pursued, notwithstanding mediation’s high success record.

Mediation Is an Important Option to Think About- Brooklyn Injury Attorneys, P.C.

Our skilled lawyers can guide you through the mediation process. We can represent you in mediation and devise a plan to help you reach a favorable outcome. If it becomes evident that the parties are unable or unwilling to reach an agreement, the Brooklyn Injury Attorneys, P.C. law firm is ready to aggressively defend you in arbitration or litigation.

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